HomeMy WebLinkAboutZOA-05-05CITY COUNCIL MINUTES January9, 2006 Page -6-
Item 5. COUNCIL BILL 02-2006 - AN ORDINANCE TEMPORARILY
SUSPENDING THE ACCEPTANCE AND PROCESSING OF CERTAIN
DEVELOPMENT APPLICATIONS WITHIN A PORTION OF THE CITY OF
WHEAT RIDGE, GENERALLY BOUNDED BY W 52"o AVENUE ON THE
NORTH, TABOR STREET ON THE EAST, WEST 1-70 FRONTAGE
ROAD NORTH ON THE SOUTH, WARD ROAD ON THE WEST
Council Bill 02-2006 was introduced on first reading by Mrs Rotola
Motion by Mrs Rotola to adopt Council Bill 02-2006 on first reading, order it published,
public hearing set for Monday, February 13, 2006 at 7 00 p m. in City Council
Chambers, and that it take effect immediately upon adoption, seconded by Mrs Adams,
failed 4-3, with Councilmembers Berry, Adams, and Rotola voting yes
Motion by Mrs Sang to postpone Council Bill 02-2006 indefinitely; seconded by Mr
Gokey; carried 4-3, with Counciimembers Adams, Rotola, Berry voting no
item 6. COUNCIL BILL 03-2006 - AN ORDINANCE AMENDING CHAPTERS 22
AND 11 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
CONCERNING TAXATION AND BUSINESS LICENSING
Council Bill 03-2006 was introduced on first reading by Mr Gokey
Motion by Mr Gokey to approve Council Bill 03-2006 on first reading, order it published,
public hearing set for Monday, January 23. 2006 at 7 00 p m in City Council Chambers,
and that it take effect 15 days after final publication, seconded by Mrs Sang,
carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7. Approval of a contribution to Wheat Ridge 2020 (WR2020) in the amount
of $1,000,000 for the purpose of developing its capacity to implement the
vision and mission of the City Council as outlined in the Neighborhood
Revitalization Strategy
item 7 was introduced by Mrs Rotola City Clerk Pamela Anderson read the executive
summary
Motion by Mrs Rotola to approve a contribution to Wheat Ridge 2020 in the amount of
$1,000,000 for the purpose of developing its capacity to implement the vision and
mission of the City Council as outlined in the Neighborhood Revitalization Strategy She
further moved that the City request the WR2020 Board of Directors to develop fiscal
controls concerning, but not limited to, the following items
of wNear ITEM NO:
U oRAao m REQUEST FOR CITY COUNCIL ACTION
Yom=
COUNCIL MEETING DATE: January 9, 2006
TITLE: AN ORDINANCE TEMPORARILY SUSPENDING THE
ACCEPTANCE AND PROCESSING OF CERTAIN
DEVELOPMENT APPLICATIONS WITHIN A PORTION OF THE
CITY OF WHEAT RIDGE.
❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: )
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
AA l &;y
Community Development Director City Manager
This proposed ordinance suspends the acceptance and processing of certain building permits and land
use applications for up to six months in the Northwest Subarea of the City. The suspension is
proposed to extend until August 11, 2006, unless Council determines to terminate it sooner. The area
is bounded by W. 52nd Avenue, Tabor Street, W. I-70 Frontage Road North, and Ward Road. The
suspension is proposed in order to provide time for the City to prepare and adopt a subarea plan
responding to the potential light rail stop on the Gold Line and to prepare and adopt any zoning map
changes or zoning regulations for the subarea. Future development proposals would be reviewed for
consistency with the subarea plan and for conformance with any new zoning regulations.
Adoption of this proposed ordinance will enable the City to prepare long range plans and
implementation tools for future development in the northwest Subarea, thus implementing Council's
goal of preparing for growth and opportunities.
COMMISSIONBOARD RECOMMENDATION:
None is required.
STATEMENT OF THE ISSUES:
Council directed staff to prepare a standard ordinance that reduced the scope of the originally proposed
emergency ordinance. Applications subject to the suspension are listed in Section 2 of the ordinance;
exempt applications are listed in Section 3. The exempt list is more extensive than originally
proposed. One item to note is that the exempt list includes building permits for building additions
which are 20% or less than the footprint of the existing building. This percentage should not result in
construction of a magnitude that will constrain the location of future streets.
The proposed emergency ordinance, by charter, could remain in effect for 90 days. Our plan was to
come back to Council during that 90-day period and propose a standard ordinance with a termination
date for the suspension. It was and still is our expectation that the planning process (including new
zoning) will take six months to complete. If the process is completed in less than six months, staff
will request that Council terminate the suspension prior to August 11th.
The suspension will not apply to any application received prior to the effective date of the ordinance,
proposed to be immediately upon adoption. Second reading is recommended for February 13s'. There
may be some applications submitted for development on existing zoned property that will be
submitted prior to the effective date of the ordinance and therefore will not be affected by the
suspension. This means that we will be obligated to issue a building permit.
Courts have consistently upheld such actions by local governments for the purposes of preparing
master plans or new development regulations.
ALTERNATIVES CONSIDERED:
1. Do not adopt the ordinance.
2. Reduce the time period of the suspension.
Staff recommends that neither of these alternatives be adopted.
FINANCIAL IMPACT:
The collection of fees for building permits and land use applications affected by the suspension, if any,
will be delayed. Since it is not known what applications may be submitted, it is not possible to
quantify these fees.
RECOMMENDED MOTION:
"I move to adopt Council Bill 02-2006 on first reading, order it published, public hearing set for
Monday, February 13, 2006 at 7:00 p.m. City Council Chambers, and that it take effect immediately
upon adoption."
Or,
"I move to table indefinitely Council Bill 02-2006."
\\mrv icng-002\usen$\awhiteWll FilesW W Subarea\Suspension2 CAF.doc
Report Prepared by: Alan White
Reviewed by:
Attachments:
1. Council Bill 02-2006.
\\mr icng-002\usersMawhite\A11 Files\NW Subarea\Suspension2 CAF.doc
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 02-2006
Ordinance No. _
Series of 2006
TITLE: AN ORDINANCE TEMPORARILY SUSPENDING THE
ACCEPTANCE AND PROCESSING OF CERTAIN DEVELOPMENT
APPLICATIONS WITHIN A PORTION OF THE CITY OF WHEAT
RIDGE
WHEREAS, the City of Wheat Ridge, Colorado is a home rule municipality duly
and regularly organized and existing as a body corporate and politic under and by virtue
of the Constitution and laws of the State of Colorado; and
WHEREAS, the City of Wheat Ridge may adopt such ordinances relative to local
and municipal matters as are necessary to effectuate the purposes and intent of power
granted to home rule municipalities by the Constitution of the State of Colorado: and,
WHEREAS, Section 1.3 of the Home Rule Charter of the City confers all home
rule powers to the City and,
WHEREAS, the Wheat Ridge City Council has adopted a Neighborhood
Revitalization Study; and
WHEREAS, in order to implement the goals of the Neighborhood Revitalization
plan the Community Development Department is in the process of creating three sub-area
plans; and
WHEREAS, the City Council is concerned that owners of properties may
accelerate plans for development in reaction to, and prior to completion of, the Northwest
Subarea Plan in the area generally bounded by W. 52nd Avenue on the north, Tabor Street
on the east, West I-70 Frontage Road North on the south, Ward Road on the west and as
depicted by Exhibit 1; and
WHEREAS, this general area has been targeted by the Regional Transportation
District for a transit stop on the Gold Line Rapid Transit Corridor; and,
WHEREAS, the City Council finds that acceptance and processing of
applications for building permits for proposed construction in, and the application for
rezoning of, those portions of the City depicted on Exhibit 1 prior to the completion of
the consideration of the Northwest Subarea Plan will not promote coordinated,
innovative, high-quality transit-oriented planning; and
ATTACHMENT 1
WHEREAS, the City Council finds that delay in the acceptance and processing
of such applications for a period of time not to exceed August 11, 2006 is necessary and
in the best interests of the City order for the City to complete its consideration and
adoption of a subarea plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Suspension Declared. The City Council hereby declares and imposes a
suspension upon the acceptance and approval of development applications in the area depicted
on Exhibit 1, attached hereto and fully incorporated herein; said suspension to terminate on
August 11, 2006, unless terminated earlier by the City Council. Development applications
subject to this suspension and those exempt from this suspension are listed in Sections 2 and 3,
respectively, of this Ordinance. Nothing contained in this Ordinance is to be construed to limit
or preclude the City Council from termination, repeal, amendment, or modification of this
Ordinance prior to August 11, 2006.
Section 2. Applications Subject to Suspension. The following development
applications are subject to the suspension:
1. Land use applications, including all applications for rezoning, special use permits
(except as noted below), major and minor subdivisions, lot line adjustments, planned
building groups, planned development outline development plans or final
development plans.
2. Applications for building permits and the accompanying site development plans for
new construction of principal buildings.
3. Applications for building permits and the accompanying site development plans for
the construction of additions which are for additions exceeding 20% of the footprint
of the existing building.
Section 3. Applications Exempt from the Suspension. The following development
applications are not subject to the suspension:
1. Applications for permits to demolish a structure.
2. Applications for building permits for accessory buildings or structures in residential
or agricultural zone districts.
3. Applications for building permits for fences or signs.
4. Applications for building permits for routine maintenance or emergency repairs of
principal structures, such as roof repairs, plumbing or electrical repairs, or furnace
replacements as determined by the Building Official.
5. Applications for building permits for tenant finishes or facade improvements for
buildings or portions of existing buildings.
6. Applications for building permits for building additions which are 20% or less of the
footprint of the existing building.
7. Land use applications for variances to applications not subject to the limitations of
Section 2 above.
8. Land use applications for special uses where no new buildings are proposed, or where
site plans are not required.
9. Land use applications for consolidation plats.
10. Applications for temporary uses, buildings and signs per Section 26-115 D of the
Code of Laws.
Section 4. Vested Rights. Nothing in this Ordinance shall be construed as affecting any
lawfully vested rights to complete construction where construction was commenced or
authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance.
Section 5. Continued Processing. Nothing in this Ordinance shall be construed to limit
or prohibit the City's continued processing of applications for building permits or land use
approvals that were submitted to the City on or before the effective date of this Ordinance.
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
rational relation to the proper legislative object sought to be attained.
Section 7. Effective Date. This ordinance shall become effective immediately upon
adoption.
Section 8. Severability. If any clause, sentence, paragraph, or part of this ordinance
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 9. 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.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of 2006, 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 , 2006, 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 2006.
SIGNED by the Mayor on this day of 2006.
JERRY DITULLIO, MAYOR
ATTEST:
PAMELA Y. ANDERSON, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I sT publication:
2nd publication:
Wheat Ridge Transcript
Effective Date:
City of Wheat Ridge pf WNEgT9
Community Development Department
Memorandum OR
TO: P & Z Staff
FROM: Alan White, Community Development Director -
L
SUBJECT: Moratorium
DATE: December 12, 2005
Attached is a copy of a moratorium ordinance passed in another jurisdiction. Please review it,
especially the section dealing with exceptions. I need to prepare our ordinance prior to the end of
the year so it can go to Council for first reading on January 9a`.
I would like to discuss the ordinance at staff meeting on December 20".
RESOLUTION TO ESTABLISH TEMPORARY SUSPENSION OF SPECIFIC SITE
PLAN AND CONSTRUCTION ACTIVITY IN THE CLAWSON B-2 DOWNTOWN
DEVELOPMENT AREA
. WHEREAS, the Clawson Master Plan regulating development in the B-2 District
was last amended in 1990, and
WHEREAS, land development standards regulating the B-2 District now appear
to be incompatible with interests expressed by potential investors and developers in the
B-2 District; and
WHEREAS, Clawson's Planner, McKenna & Associates, has preliminarily
studied concerns regarding the potential for development of the B-2 District; and
. WHEREAS, the Clawson Downtown Development Authority ("DDA') has
discussed plans to be considered for the revitalization of the Downtown Development
Area ("Area") which incorporates the B-2 District; and
WHEREAS, on the 11th, day of February 2004, the DDA after due deliberation
passed its resolution requesting a moratorium on construction, site plan approval and
the issuance of building permits within the DDA; and
WHEREAS, the Clawson Planning Commission ("CPC") did, after . due
deliberation adopt a resolution on March 9, 2004, seeking the adoption of a Downtown
Building Moratorium ("DBM"); and
WHEREAS, after a public hearing before the Clawson Council conducted April 6,
2004, at 7:30 p.m., the Council took comments from the public regarding the DBM; and
WHEREAS, the United States Supreme Court has recognized that a temporary
restriction causing a diminution in value is not a taking because the property value will
recover when any moratorium is lifted and thereby approved a 32 month moratorium as
being reasonable (Tahoe-Sierra Preservation Council Inc v Tahoe Regional Planning
Agency, 535 US 302 (2002)); and
WHEREAS, pursuant to the Heritage Hill decision (CA Mich 14022 Oct. 1973),
an appeal provision from a moratorium can be appealed under existing ordinances; and
WHEREAS, Act 265 PA 2001 does require the submission of any revised master
plan to the appropriate County of Oakland agency which is required to provide advisory
comments within a minimum period of 75 days and a maximum period of 95 days after
receipt of the proposed changes; and
WHEREAS, Act 265 PA 2001 specifically imposes a time period over which the
City of Clawson and its respective planning boards do not have control; and
WHEREAS, a Vision/Images concept plan has been adopted by the DDA; and
WHEREAS, the Clawson Council does believe such a DBM should issue based
upon the reasons set forth herein;
NOW, THEREFORE, BE IT RESOLVED:
A DBM for the B-2 District shall issue effective with the date of publication
of this resolution under the procedures required for the adoption of
ordinances as set forth in Section 2-74 of the Clawson Code.
2. Four (4) signs advising of the DBM and its timeframe shall be posted on
the public walks of the major highways boarding the B-2 District.
3. The Administration of the City of Clawson is instructed that with the
effective date of the adoption of the Resolution, there shall be no site plan
applications issued, building permit applications received or site plan
review proceedings scheduled as to the B-2 District during the period of
the DBM, otherwise than set forth in 9.A of this Resolution.
4. The DBM shall be for the initial period of six (6) months from and after the
effective date of adoption of this resolution, with an opportunity for an
additional three (3) month period as conditioned herein.
The time frame of six (6) months is necessary to comply with the various
time requirements set forth in the Clawson Land Development Code
(Chapter 34), Act 265 PA 2001 and the Michigan Zoning Enabling Act for
the study of specific proposals; the preparation of necessary ordinances;
the conduct of hearings on land development ordinance changes before
the Planning Commission and the scheduling of hearings upon any
recommendation of the Planning Commission before the Clawson Council.
(Reference Exhibit A).
6. An extension of an additional three (3) months can occur, provided the
Council is adequately informed by the Clawson Administration or its
agents that all necessary approvals and/or hearings as required by the
Clawson Land Development Code, Act 265 PA 2001, and the Michigan
Zoning Enabling Act have not yet occurred.
7. After the hearings on April 6, 2004, the Council does determine as fact as
a basis for the moratorium and does determine that such facts legitimately
fulfill the general power of the Council to determine matters that affect the
interest of the public health, safety and welfare:
A. A vibrant and active downtown area is essential to the economic
well being and financial health and growth of the City of Clawson;
I
L
B. The goal and objectives for the downtown area expressed in the
1990 Clawson Master Plan have been accomplished, and/or are no
longer applicable to current conditions;
C. The current Clawson Land Development Regulations for the B-2
District are not consistent with the desired character of downtown
Clawson because there are several inconsistencies between the
existing master plan and the future Vision/Images. In addition, the
zoning ordinance has been found to weakly support the traditional
down development style of Vision/Image as it does not require zero
lot development, suggested parking requirements which might
make infill difficult, allowed inappropriate types of signage and
suggested parking lots as a primary use on the downtown frontage
streets.
D. Recent development trends in the area indicate that there is an
eminent prospect of alteration, expansion, demolition, new
construction or other activity in the B-2 District that would be
inconsistent with the desired character of downtown Clawson, by
way of example: the sale of properties that have been on the
market for a considerable period of time indicates an interest in a
redevelopment of the downtown area as well as certain
nonconformities existing which have attributed to vacancies which
requires some immediate correction.
E. The City Administration, Planning Commission and DDA have
initiated a collaborative study of the downtown area for the purpose
of preparing a concept plan to direct future downtown development,
improvement and expansion and requires substantial time as set
forth herein to allow for the preparation, consideration and adoption
of the downtown area concept plan as an amendment to the Master
Plan, replacing the existing Map 6 and its related text.
F. The moratorium as set forth herein is necessary to allow for
adequate time to study, develop, consider and adopt amendments
to the Clawson Land Development Regulations designed to assure
that future development and site improvements in the B-2 District
are in accordance with the desired character of downtown Clawson
as expressed in the new concept plan.
8. Based upon the foregoing, the DBM shall apply to the B-2 District in the
Downtown District as follows:
Activities prohibited for the duration of the building moratorium. The
following activities may have a significant impact on the future character of the
downtown area, and should be prohibited during the moratorium:
A. Demolition of existing structures, except where specifically ordered by the
Building Official for safety reasons;
5
B. Planning Commission review and approval of site plan or special use
approval applications for new construction or additions to existing
buildings in the B-2 District;
C. Rezoning of property within the B-2 District;
D. Review, approval and issuance of building permits by the Building Official
for new construction or additions to existing buildings in the B-2 District.
9. Projects exempt from the building moratorium. The following activities are
minor in nature, and should be permitted during the moratorium:
A. Planning Commission review and approval of site plan and special use
approval applications for re-use of existing buildings in the B-2 District,
where no new construction or additions to existing buildings are proposed;
B. Administrative review and approval of sketch plans for sites in the B-2
District, per Section 34-602(8);
C. Review and approval of building permits by the Building Official for interior
and exterior fagade improvements for existing buildings in the B-2 District,
where no new construction or additions to existing buildings are proposed;
D. Issuance of building permits, inspections, and construction work
associated with a site plan or sketch plan approved by the City prior to the
effective date of the moratorium;
E. Approval and issuance of Certificates of Occupancy by the Building
Official for existing buildings in the B-2 District, or associated with a
building permit or site plan approved by the City prior to the effective date
of the moratorium;
F. Review and approval of sign permits by the Building Official for existing
buildings in the B-2 District;
G. Emergency repairs, and other activities of a similar nature, as authorized
by the Building Official.
H. Any applicants for B-2 Districts existing outside the Downtown
Development area.
10. The implementation of the planning process justifying the DBM is:
A. Preparation and adoption of the new downtown area concept plan as
an amendment to the Clawson Master Plan. An ad hoc committee of
Planning Commission and Downtown Development Authority Board
members has begun the process of developing a new downtown Clawson
concept plan. Because the downtown concept plan is intended to provide
the basis for amendments to the Clawson Land Development Regulations,
the plan should be formally reviewed and adopted as an amendment to
the Clawson Master Plan. This period may require 150 days.
B. Preparation and adoption of amendments to the Clawson Land
Development Regulations.
A portion of the work associated with preparation of proposed
amendments to the Clawson Land Development Regulations may take
place concurrent with development of the new downtown concept plan.
However, formal review and adoption of the proposed ordinance
amendments should occur only after the Master Plan has been amended.
Therefore, it may result in the extension of a moratorium for a total of nine
(9) months.
11. The provisions of this Resolution shall be in full force and effect as to all future
development of the B-2 District as outlined herein.
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be
provided to the Oakland County Treasurer and to all other parties as required by Public
Act 505 of 2002.
Lisa Dwyer, Mayor
Machele Kukuk, City Clerk
Dated: 2004
5:\WoNWnute COUNCILWisc\Reolution - Momtonum.doc
S
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _-2005
Ordinance No.
Series of 2005
TITLE: . AN ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON ACCEPTANCE AND PROCESSING OF
APPLICATIONS FOR BUILDING PERMITS AND LAND USE
APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE
WHEREAS, the City of Wheat Ridge, Colorado is a home rule municipality duly
and regularly organized and existing as a body corporate and politic under and by virtue
of the Constitution and laws of the State of Colorado; and
WHEREAS, the City of Wheat Ridge may adopt such ordinances relative to local
and municipal matters as are necessary to effectuate the purposes and intent of power
granted to home rule municipalities by the Constitution of the State of Colorado: and,
WHEREAS, Section 1.3 of the Home Rule Charter of the City confers all home
rule powers to the City and,
WHEREAS, the Wheat Ridge City Council has adopted a Neighborhood
Revitalization Study; and
WHEREAS, in order to implement the goals of the Neighborhood Revitalization
plan the Community Development Department is in the process of creating three sub-area
plans; and
WHEREAS, the City Council is concerned that owners of properties may
accelerate plans for development in reaction to, and prior to completion of, the Northwest
Subarea Plan in the area generally bounded by W. 52nd Avenue on the north, North I-70
Frontage Road on the south, Ward Road on the west and Tabor Street on east as depicted
by Exhibit 1; and
WHEREAS, this general area has been targeted by the Regional Transportation
District for a transit stop on the Gold Line Rapid Transit Corridor; and,
WHEREAS, the City Council finds that acceptance and processing of
applications for building permits for proposed construction in, and the application for
rezoning of, those portions of the City depicted on Exhibit 1 prior to the completion of
the consideration of the Northwest Subarea Plan will not promote coordinated,
innovative, high-quality transit-oriented planning; and
WHEREAS, the City Council finds that delay in the acceptance and processing
of such applications for a period of time not to exceed April 3, 2006 is necessary and in
the best interests of the City order for the City to complete its consideration and adoption
of a subarea plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Moratorium Declared. The City Council hereby declares and imposes a
moratorium upon: (1) the acceptance and processing of applications for building permits for new
construction of principal buildings and (2) acceptance and processing of land use applications,
including rezoning, special use permits, subdivisions, planned development outline development
plans or final development plans, or variances, on properties within those portions depicted on
the map as shown as Exhibit 1, attached hereto and fully incorporated herein, said moratorium to
terminate on February 10, 2006, unless terminated earlier by the City Council. This moratorium
shall not include acceptance and processing of applications for building permit for accessory
buildings or structures or for routine maintenance of principal structures. Nothing contained in
this Ordinance is to be construed to limit or preclude the City Council from termination, repeal,
amendment, or modification of this Ordinance prior to February 10, 2006.
Section 2. Vested Rights. Nothing in this Ordinance shall be construed as affecting any
lawfully vested rights to complete construction where construction was commenced or
authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance.
Section 3. Continued Processing. Nothing in this Ordinance shall be construed to limit
or prohibit the City's continued processing of applications for building permits or land use
approvals that were submitted to the City on or before the effective date of this Ordinance.
Section 4. 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
rational relation to the proper legislative object sought to be attained.
Section 5. Emereencv Declared: Effective Date. Pursuant to charter Section 5.13, the
Council hereby declares that an emergency exists requiring the immediate effectiveness of this
ordinance, in that owners of properties may accelerate plans for development in reaction to, and
prior to completion of, the Northwest Subarea Plan as depicted by Exhibit 1 and completion of
the consideration of the Northwest Subarea Plan prior to such additional development is
necessary to promote coordinated, innovative, high-quality transit-oriented planning in this area.
This ordinance shall be effective upon passage at a single reading, as permitted by charter
Section 5.13
Section 5. 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
2
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 6. 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.
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of
to on this day of 2005, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge.
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
GERALD DAHL, CITY ATTORNEY
1sT publication:
2nd publication:
Wheat Ridge Transcript
Effective Date:
Q N.T.S.
N
Parcel Boundary
/V City Limits
Moratorium Area
Exhibit 1
ARVADA 52ND AVE
AVE
~a
~1 x
a
r
•6
e• vi, a.
Alan White
From:
Randy Young
Sent:
Thursday, November 17, 2005 4:43 PM
To:
'Gerald Dahl'
Cc:
Alan White
Subject:
RE: The Big "W" Word
That works for me. Let's say 1 or 2 PM? I will check with Alan.
Alan?
Randy
-----Original Message-----
From: Gerald Dahl [mailto:gdahl@mdkrlaw.comj
Sent: Thursday, November 17, 2005 11:40 AM
To: Randy Young
Subject: RE: The Big "M" Word
How about next Monday in the afternoon? I have a lunch meeting in Wheat Ridge.
Gerald E. Dahl
gdahl@mdkriaw.com
Direct: 303-493-6686
Murray Dahl Kuechenmeister & Renaud LLP
2401 15th Street, Suite 200
Denver, CO 80202
Phone: 303-493-6670
Fax: 303-477-0965
This electronic mail transmission and any accompanying documents contain information belonging to
the sender which may be confidential and legally privileged. If you are not the intended recipient of
this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and
any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify
me immediately by telephone or e-mail and destroy the original message without making a copy.
Thank you.
-----Original Message-----
From: Randy Young [mailto:ryoung@ci.wheatridge.co.us]
Sent: Wednesday, November 16, 2005 12:31 PM
To: Gerald Dahl
Subject: FW: The Big "M" Word
Jerry,
FYI - you, Alan and I should talk.
Randy
-----Original Message-----
From: Karen Berry [mailto:khberry26@hotmail.com]
Sent: Tuesday, November 15, 2005 3:04 PM
To: klpa@comcast.net; Pam Anderson; egokey@comcast.net; Sangjw@aol.com;
councilorschulz@comcast.net; t.womble@comcast.net; BFtireCo@aol.com
Cc: Randy Young; Alan White; jerryditullio@comcast.net; cbuki@czb.org
Subject: The Big "M" Word
Dear All:
Below are some of my thoughts on a moratorium. I have not discussed them with anyone and I am
open to any and all suggestions. I feel strongly that this is a critical issue and wanted to share my
concerns.
On the few occasions when I have dealt with a "moratorium", I found it is critically important how the
issue is conveyed to the public. I agree with Karen that the word "moratorium" should be avoided,
especially in the title or summary. The city is proposing to enact a "temporary suspension or delay"
in processing certain types of application.
I think it would be better for the city "accept" applications but not process them until some specific
date. The resolution can contain some language that when an application is processed it will be
subject to any new rules. When the gates open back up, applications would be processed in the
order they were received, which would give some fairness to the process.
In the meantime, staff could still be working with applicants to take care of very obvious issues, so
that delays, once the gates open, could be reduced. I feel this would accomplish what the city needs
while not being totally shut down to business and citizen needs. I still have not had a chance to look
at last night's ordinance, so I don't know if this is covered, but I think it important that not all permits
be delayed.
Someone who is doing an interior remodel should not be delayed.
I also believe we should give great thought to the timeframe for completion and implementation of the
subarea plan. We should set a realistic timeframe for any "Big M" up front. We will lose community
trust and support if we keep on extending deadlines and such trust is critical to success of WR2020.
It is much better to open the gates ahead of schedule than to keep extending the date on which
they will open.
I do not believe it is realistic to expect that the subarea plan and associated plan/codes changes will
be completed and implemented in 90 days.
If we need to do the "Big M" by a method another than by emergency ordinance, so be it. We cannot
afford a procedural, political, or public relations debacle on our first real test of WR2020. Colorado
has very strong local government powers and 1 feel confident we have the legal authority to take such
actions; however, if we get into legal battles, we have lost the war even if we win the battle.
We also need to have a discussion of what will happen when the gates do open. Will there be
another 2-3 month delay due to the backlog? Should we consider hiring temporary staff to help with
the backlog?
Attached is a copy of an ordinance from another city that addresses some of the issues listed above.
Please take a minute at look at the title of the ordinance and the exemptions listed in the document. I
have other examples if you are interested.
Thanks
Karen
Express yourself instantly with MSN Messenger! Download today - it's FREE!
http://messenger.msn.click-url.com/go/onm00200471ave/direct/Ol/
of WHEAT ITEM NO:
m REQUEST FOR CITY COUNCIL ACTION
~coanoo
COUNCIL MEETING DATE: November 28, 2005
TITLE: EMERGENCY ORDINANCE 1354 AN ORDINANCE
TEMPORARILY SUSPENDING THE ACCEPTANCE AND
PROCESSING OF BUILDING PERMITS AND LAND USE
APPLICATIONS IN A PORTION OF WHEAT RIDGE
❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: )
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS ® EMERGENCY ORDINANCE
Quasi-Judicial: ❑
Yes No
A 11
l Z~
Community Development Director
EXECUTIVE SUMMARY:
City Manager
This proposed emergency ordinance suspends the acceptance and processing of building permits and
land use applications in a portion of the City for a period of 90 days. The area affected by this
suspension is bounded by W. 52°d Avenue, Tabor Street, W. I-70 Frontage Road North, and Ward
Road. During this temporary suspension, no new applications for building permits or land use cases
will be accepted or processed, but applications submitted prior to the effective date of this ordinance
will be processed.
This suspension of applications will provide City staff and consultants time to prepare a subarea plan
for the area, and for Council to adopt any implementation ordinances. The suspension will ensure that
applications for development in the subarea will be consistent with the goals and vision for the area
established in the subarea plan.
The emergency ordinance implements Council's goal of preparing for growth and opportunities.
COMMISSION/BOARD RECOMMENDATION:
None is required.
STATEMENT OF THE ISSUES:
This area of the City is where RTD's Gold Line is planned to terminate at the Ward Road station.
Either this or the availability of relatively large parcels of vacant land, or both, are generating
development interest. The subarea plan will establish a vision for future development of the areas,
including land uses, vehicular and pedestrian circulation, urban design, and open space. Until this
plan and its implementation tools are in place, the approval of development proposals under current
zoning and development standards could be contrary to the vision and goals of the plan. If approvals
are made which are contrary to the plan, the City may lose a substantial opportunity to implement
transit orientated development around the proposed transit station.
Courts have upheld the practice of suspending applications while a city prepares plans and/or when it
is preparing new regulations.
The suspension was originally proposed as an emergency ordinance so it could be enacted quickly.
The 90 days pertains to an emergency ordinance. We proposed to come back at some point during the
90 days and adopt a non-emergency ordinance to fix the date the suspension would be lifted.
Suspension of applications for 90 days will not be sufficient time to prepare and adopt the subarea
plan, and prepare and adopt any implementation ordinances and regulations for the subarea. All of
these plans and ordinances must be reviewed by Planning Commission at public hearings. Our
understanding was that Council's preference was to adopt one ordinance only one time and not keep
extending any suspension. To do that we would propose the suspension for up to six months, or when
ordinances implementing the subarea plan are adopted, whichever comes first.
We are recommending no action on this emergency ordinance and instead recommending that Council
direct staff to prepare a standard (non-emergency) ordinance for consideration that suspends
applications with major development consequences for the area (such as rezonings, subdivisions, and
building permits for new construction), but which exempts a larger range of projects with lesser
consequences (such as building permits for tenant finishes, accessory structures, and minor additions).
ALTERNATIVES CONSIDERED:
1. Do not adopt the emergency ordinance as presented.
2. Exempt all building permits from the suspension.
3. Exempt certain building permit applications from the suspension (e.g., tenant finishes,
additions less than 50% of the existing footprint, etc.)
4. Consider a non-emergency ordinance
FINANCIAL IMPACT:
One-time building permit or land use application fees will be deferred until such time as applications
are accepted.
\\sr -ci-eng-002\users$\awWte\All Files\NW Subarea\Momtorium CAF.doc
RECOMMENDED MOTION:
"I move to direct staff to prepare a standard ordinance to include a narrower scope of the types of
applications that would be subject to the temporary suspension and that the ordinance be brought to
first reading at the first available date."
Or,
"I move to adopt Ordinance 1354 as an emergency ordinance and order it published in full in a
newspaper of general circulation in the City of Wheat Ridge."
Report Prepared by: Alan White
Attachments:
1. Emergency Ordinance 1354.
\\Stv i-mg-002\users$\awhite\AIl Files\NW Subwea\Mmtorium CAF.dw
INTRODUCED BY COUNCIL MEMBER
Ordinance No. 1354
Series of 2005
TITLE: AN ORDINANCE TEMPORARILY SUSPENDING THE
ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR
BUILDING PERMITS AND LAND USE APPROVALS WITHIN A
PORTION OF THE CITY OF WHEAT RIDGE
WHEREAS, the City of Wheat Ridge, Colorado is a home rule municipality duly
and regularly organized and existing as a body corporate and politic under and by virtue
of the Constitution and laws of the State of Colorado; and
WHEREAS, the City of Wheat Ridge may adopt such ordinances relative to local
and municipal matters as are necessary to effectuate the purposes and intent of power
granted to home rule municipalities by the Constitution of the State of Colorado: and,
WHEREAS, Section 1.3 of the Home Rule Charter of the City confers all home
rule powers to the City and,
WHEREAS, the Wheat Ridge City Council has adopted a Neighborhood
Revitalization Study; and
WHEREAS, in order to implement the goals of the Neighborhood Revitalization
plan the Community Development Department is in the process of creating three sub-area
plans; and
WHEREAS, the City Council is concerned that owners of properties may
accelerate plans for development in reaction to, and prior to completion of, the Northwest
Subarea Plan in the area generally bounded by W. 52°d Avenue on the north, Tabor Street
on the east, West I-70 Frontage Road North on the south, Ward Road on the west and as
depicted by Exhibit l; and
WHEREAS, this general area has been targeted by the Regional Transportation
District for a transit stop on the Gold Line Rapid Transit Corridor; and,
WHEREAS, the City Council finds that acceptance and processing of
applications for building permits for proposed construction in, and the application for
rezoning of, those portions of the City depicted on Exhibit 1 prior to the completion of
the consideration of the Northwest Subarea Plan will not promote coordinated,
innovative, high-quality transit-oriented planning; and
WHEREAS, the City Council finds that delay in the acceptance and processing
of such applications for a period of time not to exceed February 24, 2006 is necessary and
in the best interests of the City order for the City to complete its consideration and
adoption of a subarea plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Moratorium Declared. The City Council hereby declares and imposes a
moratorium upon: (1) the acceptance and processing of applications for building permits for new
construction of principal buildings and (2) acceptance and processing of land use applications,
including rezoning, special use permits, subdivisions, planned development outline development
plans or final development plans, or variances, on properties within those portions depicted on
the map as shown as Exhibit 1, attached hereto and fully incorporated herein, said moratorium to
terminate on February 24, 2006, unless terminated earlier by the City Council. This moratorium
shall not include acceptance and processing of applications for building permits for accessory
buildings or structures or for routine maintenance of principal structures. Nothing contained in
this Ordinance is to be construed to limit or preclude the City Council from termination, repeal,
amendment, or modification of this Ordinance prior to February 24, 2006.
Section 2. Vested Rights. Nothing in this Ordinance shall be construed as affecting any
lawfully vested rights to complete construction where construction was commenced or
authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance.
Section 3. Continued Processing. Nothing in this Ordinance shall be construed to limit
or prohibit the City's continued processing of applications for building permits or land use
approvals that were submitted to the City on or before the effective date of this Ordinance.
Section 4. 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
rational relation to the proper legislative object sought to be attained.
Section 5. Emergency Declared: Effective Date. Pursuant to charter Section 5.13, the
Council hereby declares that an emergency exists requiring the immediate effectiveness of this
ordinance, in that owners of properties may accelerate plans for development in reaction to, and
prior to completion of, the Northwest Subarea Plan as depicted by Exhibit 1 and completion of
the consideration of the Northwest Subarea Plan prior to such additional development is
necessary to promote coordinated, innovative, high-quality transit-oriented planning in this area.
This ordinance shall be effective upon passage at a single reading, as permitted by charter
Section 5.13
Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance
or the application thereof to any person or circumstances shall for any reason be adjusted by a
2
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 6. 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.
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of
to on this day of 2005, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge.
SIGNED by the Mayor on this day of 2005.
JERRY DITULLIO, MAYOR
ATTEST:
PAMELA Y. ANDERSON, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1sT publication:
2°d publication:
Wheat Ridge Transcript
Effective Date:
Q N.T.S. Exhibit 1
N
Parcel Boundary
City Limits
Moratorium Area
0
52ND AVE
AVE
i s
Case No.: OA0505 _ _ _.,__j
App: Last Name: Citywide
App: First Name: _
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name: _
City/State, Zip:
Quarter Section Map No.: j
Related Cases:
Case History: Ordinance temporarily
uspending the acceptances
rnd processing of building
9
permits and land use
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
Case Disposition: Denied
Project Planner: hits
File Location: Closed'
Notes:
Follow-Up:
CC: 119106 (tst)
Conditions of Approval:
District:
Date Received: 11/2812005..
Pre-App Date: I I