HomeMy WebLinkAboutZOA-01-03CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Shaver
Council Bill No. 21-2001
Ordinance No. 1232
Series of 2001
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS
OF CHAPTER 26.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to provide for enforcement of Chapter 26;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations"
is amended by the addition of a new subsection B; the entire section, as amended,
to read as follows:
Section 26-1004: Violations
A. Any person, firm or corporation, partnership, or other entity of
whatever description violating any regulation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of said Chapter 26, and shall be subject to
the enforcement provisions hereof and the penalties provided in
section 1-5 of this Code of Laws. Each day such violation
continues shall constitute a separate offense.
B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS
CHAPTER TO ERECT ANY STRUCTURE OR USE ANY
STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY
ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR
MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND,
IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE
OF THE FOLLOWING:
1. ANY APPROVAL, OR ANY CONDITION OR STIPULATION
IMPOSED ON ANY APPROVAL, OF ANY SITE
DEVELOPMENT REQUEST APPROVED BY THE BODY
HAVING FINAL APPROVAL AUTHORITY.
GED\53027\384393.01
2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, OR 30-DAY
TEMPORARY USE PERMIT APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION
AND DEPOSIT CONTROL PERMIT ISSUED BY THE
PUBLIC WORKS DEPARTMENT.
4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE
PERMIT.
5. THE USES, CONDITIONS, OR DEVELOPMENT
STANDARDS OF A PLANNED DEVELOPMENT FINAL
DEVELOPMENT PLAN.
6. THE APPROVED USE OR ACTIVITY FOR WHICH A
TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS
BEEN APPROVED OR THE CONTINUED USE OF A
STRUCTURE OR PARCEL OF LAND BEYOND THE
APPROVED EXPIRATION DATE OF A TEMPORARY
PERMIT OR SPECIAL USE PERMIT.
7. ANY PROVISION, REQUIREMENT, OR STANDARD OF
THIS CHAPTER.
C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION
THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS
CONTRARY TO THE FOREGOING PERMITS, CONDITIONS,
APPROVALS, PROVISIONS, REQUIREMENTS, AND
STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7 HEREOF.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance beers a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
GED\53027\384393.01 2
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
_0 on this Arh day of n,.r„her , 2001, 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 November 26 , 2001, 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 g to o , this 26th day of November , 2001.
SIGNED by the Mayor on this
ATTEST:
Wanda Sang, City
First Publication: October 11, 2001
Second Publication: November 29, 2001
Wheat Ridge Transcript
Effective Date: December 14, 2001
Appro 51o Form
Gerald E. Dahl, City Attorney
GED\53027\384393.01 3
27th day of November 2001.
WHEA
City of Wheat Ridge P~
Planning and Development Department
Memorandum ~°R
TO: Planning Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Enforcement of PRD's and PCD's
DATE: August 7, 2001
Council directed staff to look at an amendment to Chapter 26 which would provide better
enforcement for planned residential and planned commercial developments. The planned
development process provides flexibility for the applicant, but it creates literally hundreds of mini
zone districts, each with their own unique regulations. This makes enforcement of standards,
restrictions, or approval conditions a challenge. Enforcement is made more difficult by the lack of
specific language in Chapter. 26 that establishes what the violations are within planned development
zone districts. We have trouble writing summonses in these instances because the Code lacks a
specific section to cite as the violation. "Because it's required in the planned development" doesn't
work on a summons.
This is the case for other approvals as well. For example, nowhere in the Code is it stated that it is a
violation for failure to comply with a condition of approval of a variance or subdivision.
Section 26-1004, Violations, of the Code states:
"Any person, firm or corporation, partnership, or other entity of whatever description
violating any regulation or provision of any of the sections of Chapter 26 of this Code of
laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement
provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day
such violation continues shall constitute a separate offense. "
While this appears on the surface to establish anything contrary to Chapter 26 as a violation, it is too
vague to be effective in court. It is recommended that Section 26-1004 be amended to add a section
that lists specific violations of the Code. The attached ordinance does this.
Staff recommends approval. A motion to recommend approval to City Council is needed.
C.WyFiles\WPFilcs\Proiccu\zouing amevdrnwMPD wforcemem PC.wpd
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
November 26, 2001
The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m.
Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli,
David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley. Also present: City Clerk,
Wanda Sang; City Manager, Scott Staples; City Attorney, Gerald Dahl; Director of Planning,
Alan White; staff; and interested citizens.
APPROVAL OF MINUTES OF November 13, 2001
Motion by Mr. DiTullio for the approval of the Minutes of November 13, 2001 with the
correction to add the word "police" to communication tower on Page 4; seconded by Mr.
Mancinelli; carried 8-0.
CITIZENS' RIGHT TO SPEAK
John Lobus, spoke on behalf of the Wheat Ridge Optimist Club, asked for help on behalf of
needy children during this Christmas Season. Mr. Mancinelli asked for consensus to add the
Wheat Ridge Optimist Club to the list of contributions; vote was 8 in favor.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 21-2001 - An Ordinance amending the Wheat Ridge Code of Laws to
~i provide for enforcement of violations of Chapter 26.
(Case No. ZOA-01-03)
Council Bill 21-2001 was introduced on second reading by Mr. DiTullio, who also read the title
and summary. Clerk assigned Ordinance No. 1232.
Mr. White presented the staff report.
Motion by Mr. DiTullio to approve Council Bill 21-2001 (Ordinance 1232), Case No. ZOA-01-
03, on second reading; seconded by Mr. Gokey; carried 8-0.
WHEgT
P
ti o
m REQUEST FOR COUNCIL ACTION
~~C ORA~~
X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING
BIDS/MOTIONS X ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 01-03, an ordinance amending Section 26-1004 of the Wheat Ridge Code of
Laws pertaining to violations of the Zoning and Development Code.
SUMMARY AND BACKGROUND: Council requested an amendment to the Zoning and Development
Code to address violations of planned residential developments and planned commercial developments in order
to clarify staff s ability to enforce the provisions of such plans. The proposed ordinance makes the use of a
parcel of land which is contrary to the uses, conditions, or development standards of an approved final
development plan a violation. The ordinance also cites as violations the use of land or structures which is
contrary to other final approvals.
Planning Commission held a public hearing on this ordinance on August 16, 2001 and continued the hearing
until September 6`l'. The Commission recommended approval after making several changes. The changes have
been incorporated into the ordinance.
ATTACHMENTS:
1. Council Bill No.
2. 8/7/01 Alan White memo
STAFF RECOMMENDATION: Approval
ORIGINATED BY: City Council
BUDGETIMPACT:
Original budgeted amount: $0
Actual contracted amount: $0
Impact of expenditure on line item: $0
Budget Account No.: N/A
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION: "I move to approve Council Bill No. Case No. ZOA 01-
03, on second reading."
Q\MyFiles\WPFiles\Projects\zoning amendments\violations' cc action 2nd.wpd
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2001
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS
OF CHAPTER 26.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to provide for enforcement of Chapter 26;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations"
is amended by the addition of a new subsection B; the entire section, as amended,
to read as follows:
Section 26-1004: Violations
A. Any person, firm or corporation, partnership, or other entity of
whatever description violating any regulation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of Chapter 26, and shall be subject to these
enforcement provisions and the penalties provided in section 1-
5 of this Code of Laws. Each day such violation continues shall
constitute a separate offense.
B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS
CHAPTER TO ERECT ANY STRUCTURE OR USE ANY
STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY
ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR
MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND,
IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE
OF THE FOLLOWING:
1. ANY APPROVAL, OR ANY CONDITION OR STIPULATION
IMPOSED ON ANY APPROVAL, OF ANY SITE
DEVELOPMENT REQUEST APPROVED BY THE BODY
HAVING FINAL APPROVAL AUTHORITY.
GED\53027\384393.01
2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, OR 30-DAY
TEMPORARY USE PERMIT APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION
AND DEPOSIT CONTROL PERMIT ISSUED BY THE
PUBLIC WORKS DEPARTMENT.
4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE
PERMIT.
5. THE USES, CONDITIONS, OR DEVELOPMENT
STANDARDS OF A PLANNED DEVELOPMENT FINAL
DEVELOPMENT PLAN.
6. THE APPROVED USE OR ACTIVITY FOR WHICH A
TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS
BEEN APPROVED OR THE CONTINUED USE OF A
STRUCTURE OR PARCEL OF LAND BEYOND THE
APPROVED EXPIRATION DATE OF A TEMPORARY
PERMIT OR SPECIAL USE PERMIT.
7. ANY PROVISION, REQUIREMENT, OR STANDARD OF
THIS CHAPTER.
C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION
THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS
CONTRARY TO THE FOREGOING PERMITS, CONDITIONS,
APPROVALS, PROVISIONS, REQUIREMENTS, AND
STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
GED\53027\384393.01 2
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2001, 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 , 2001, 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 2001.
SIGNED by the Mayor on this day of 2001.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\384393.01 3
OF WHEgl
City of Wheat Ridge 1 Po
Planning and Development Department U
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director
.SUBJECT: Enforcement of PRD's and PCD's
DATE: August 7, 2001
Council directed staff to look at an amendment to Chapter 26 which would provide better
enforcement for planned residential and planned commercial developments. The planned
development process provides flexibility for the applicant, but it creates literally hundreds of mini
zone districts, each with their own unique regulations. This makes enforcement of standards,
restrictions, or approval conditions a challenge. Enforcement is made more difficult by the lack of
specific language in Chapter 26 that establishes what the violations are within planned development
zone districts. We have trouble writing summonses in these instances because the Code lacks a
specific section to cite as the violation. "Because it's required in the planned development" doesn't
work on a summons.
This is the case for other approvals as well. For example, nowhere in the Code is it stated that it is a
violation for failure to comply with a condition of approval of a variance or subdivision.
Section 26-1004, Violations, of the Code states:
"Any person, firm or corporation, partnership, or other entity of whatever description
violating any regulation or provision of any of the sections of Chapter 26 of this Code of
laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement
provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day
such violation continues shall constitute a separate offense. "
While this appears on the surface to establish anything contrary to Chapter 26 as a violation, it is too
vague to be effective in court. It is recommended that Section 26-1004 be amended to add a section
that lists specific violations of the Code. The attached ordinance does this.
Staff recommends approval. A motion to recommend approval to City Council is needed.
CAMyFiles\WPFSes\Projects\zomng amendments\PD enforcement PC.wpd
CITY COUNCIL MINUTES: October 8, 2001 Page - 3 -
Item 3. Council Bill 19-2001 - An Ordinance establishing a permit process for
recreational vehicle sales lot ancillary storage areas.
Council Bill 19-2001 was introduced on first reading by Mrs. Worth, who also read the title
Motion by Mrs. Worth that Council Bill 19-2001 be approved on first reading, ordered
published, public hearing be set for Monday, October 22, 2001 at 7:00 p.m. in City Council
Chambers, Municipal Building, and if approved on second reading, take effect upon adoption;
seconded by Mr. Hanley.
Motion by Mrs. Worth to amend the motion to add the word "Special Use" to the title; and
under Section 26-114 D. "The recommendation of Planning Commission and the decision of
City Council shall be final subject to judicial review"; seconded by Ms. Figlus.
Chris Porter, attorney for Ketelsen Campers, spoke in favor of the ordinance.
Amendment failed 3-5 with Councilmembers Hanley, Worth, and Figlus voting yes
Vote on main motion failed 3-5 with Councilmembers Hanley, Gokey, and Worth voting yes.
Motion by Ms. Figlus to refer this issue to a joint Study Session with the Planning Commission;
seconded by Mr. Gokey; carried 8-0.
Item 4. Council Bill 20-2001 - An Ordinance amending Sections 26-206, 26-207, 26-208,
26-209, 26-210, 26-211, 26-212, and, 26-611 of the Wheat Ridge Code of Laws
pertaining to required setbacks for residential structures and exceptions thereto.
Council Bill 20-2001 was introduced on first reading by Mr. Mancinelli, who also read the title,
summary and background.
Motion by Mr. Mancinelli to postpone this Council Bill to a joint Study Session with Planning
Commission on the same Agenda as the previous item; seconded by Mr. Gokey; carried 8-0.
Item 5. Council Bill 21-2001 - An Ordinance amending the Wheat Ridge Code of Laws to
provide for enforcement of violations of Chapter 26.
Council Bill 21-2001 was introduced on first reading by Mrs. Shaver, who also read the title,
summary and background.
O
REQUEST FOR COUNCIL ACTION
PUBLIC HEARINGS
X ORDINANCES FOR 1ST READING
_ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 01-03, an ordinance amending Section 26-1004 of the Wheat Ridge Code of
Laws pertaining to violations of the Zoning and Development Code.
SUMMARY AND BACKGROUND: Council requested an amendment to the Zoning and Development
Code to address violations of planned residential developments and planned commercial developments in order
to clarify staff's ability to enforce the provisions of such plans. The proposed ordinance makes the use of a
parcel of land which is contrary to the uses, conditions, or development standards of an approved final
development plan a violation. The ordinance also cites the use of land or structures which is contrary to other
final approvals as violations.
Planning Commission held a public hearing on this ordinance on August 16, 2001 and continued the hearing
until September 6". The Commission recommended approval after making several changes. The changes have
been incorporated into the ordinance.
1. Council Bill No.
8/701 Alan White memo
STAFF RECOMMENDATION: Approval
ORIGINATED BY:
STAFF RESPONSIBLE:
SUGGESTED MOTION:
BUDGETIMPACT:
Original budgeted amount: $0
Actual contracted amount: $0
Impact of expenditure on line item: $0
Budget Account No.: N/A j
Alan White, Planning and Development Director
Alan White, Planning and Development Director
"I move to approve Council Bill No.
, Case No. ZOA 01-
03, on first reading, ordered published, public hearing set for Monday,
November 26, 2001 at 7:00 p.m. in the city Council Chambers, Municipal
Building, and if approved on second reading, take effect 15 days after final
publication.
C:\MyFiles\WPFiles\Pcojects\zoning amendments violations cc acdon.wpd
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2001
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS
OF CHAPTER 26.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to provide for enforcement of Chapter 26;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations"
is amended by the addition of a new subsection B; the entire section, as amended,
to read as follows:
Section 26-1004: Violations
A. Any person, firm or corporation, partnership, or other entity of
whatever description violating any regulation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of said Chapter 26, and shall be subject to
the enforcement provisions hereof and the penalties provided in
section 1-5 of this Code of Laws. Each day such violation
continues shall constitute a separate offense.
B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS
CHAPTER TO ERECT ANY STRUCTURE OR USE ANY
STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY
ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR
MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND,
IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE
OF THE FOLLOWING:
1. ANY APPROVAL, OR ANY CONDITION OR STIPULATION
IMPOSED ON ANY APPROVAL, OF ANY SITE
DEVELOPMENT REQUEST APPROVED BY THE BODY
HAVING FINAL APPROVAL AUTHORITY.
GED\53027\384393.01
2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, OR 30-DAY
TEMPORARY USE PERMIT APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION
AND DEPOSIT CONTROL PERMIT ISSUED BY THE
PUBLIC WORKS DEPARTMENT.
4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE
PERMIT.
5. THE USES, CONDITIONS, OR DEVELOPMENT
STANDARDS OF A PLANNED DEVELOPMENT FINAL
DEVELOPMENT PLAN.
6. THE APPROVED USE OR ACTIVITY FOR WHICH A
TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS
BEEN APPROVED OR THE CONTINUED USE OF A
STRUCTURE OR PARCEL OF LAND BEYOND THE
APPROVED EXPIRATION DATE OF A TEMPORARY
PERMIT OR SPECIAL USE PERMIT.
7. ANY PROVISION, REQUIREMENT, OR STANDARD OF
THIS CHAPTER.
C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION
THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS
CONTRARY TO THE FOREGOING PERMITS, CONDITIONS,
APPROVALS, PROVISIONS, REQUIREMENTS, AND
STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7 HEREOF.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability' Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
GED\53027\384393.01 2
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2001, 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 , 2001, 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 , 2001.
SIGNED by the Mayor on this day of 2001.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\384393.01 3
It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that
the consideration of a request for a subdivision plat for property located at 4240 Kipling
Street be continued to October 18, 2001. The motion passed unanimously.
B. Case No. ZOA-01-03 (continued from August 16, 2001): An ordinance amending
Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the
Zoning and Development Code.
The staff report was presented by Alan White.
Chair McNAMEE requested that some of the "legalese" be removed from the ordinance.
It was moved by Commissioner COLLINS and seconded by Commissioner COOPER that
Case No. ZOA-01-03 be forwarded to City Council with a recommendation of approval
with the following amendments:
1. In paragraph A, fourth line, the words "of said" be removed and in the fifth line the
word "the" be changed to "these" and the word "hereof" be removed.
2. In paragraph C, the last word "hereof" be removed.
The motion passed unanimously.
8. OLD BUSINESS
A. Case No. ZOA-01-02 - An ordinance amending Sections 26-206, 26-207, 26-208, 26-
209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining
to required setbacks for residential structures and exceptions thereto.
Alan White presented the staff report.
There was discussion about commercial requirements. Commissioner SNOW expressed
concern about the possible situation of having a deck on a commercial establishment next to a
residential property.
Alan White stated that, since this matter was not continued at the last meeting, it would be
necessary to bring this case to a public hearing at the next Planning Commission meeting.
It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON
that Case No. ZOA-01-02 be scheduled for public hearing with the following amendment:
in Section 26-611 (b) the following words be added: "provided, however, that no
encroachment to side or rear yard is allowed when adjacent to a residentially zoned
property." The motion passed unanimously.
B. Clear Creek Zoning - Commissioner Collins asked about the status of rezoning along
Clear Creek. Alan White stated that a legal description needs to be prepared before an
ordinance can be drafted.
Planning Commission Page
September 6, 2001
and rear yard setbacks shall be fifteen feet for the first two stories and an additional five
feet for each additional story over two stories. The motion passed unanimously.
B. Case No. ZOA-01-03 - An ordinance amending Section 26-1004 of the Wheat
Ridge Code of Laws pertaining to violations of the Zoning and Development
Code.
Alan White presented the staff report for this case.
Commissioner SNOW suggested that no.1 and no. 2 be combined and reference be made
to "approval or denial."
Commissioner BRINKMAN requested clarification of wording to make it understood
that the applicant must abide by the decision of the authority having final jurisdiction in
the case.
Commissioner THOMPSON requested that a typo be corrected in item no. 7 to read
"....structures or land is contrary to........."
Commissioner SNOW requested that construction without acquiring a building permit
should be addressed.
Commissioner THOMPSON questioned whether or not changing the character of a
waterway, such as a wetland area, is addressed. Alan White suggested that under no. 3,
wording should be added that would say "as approved by the planning and development
department or the public works department" in regard to grading permits, fill permits, etc.
The Class I flood plain permit should also be under public works.
Commissioner WEISZ suggested that toward the end of no. 7, it should read
"subparagraphs 1 through 6." Alan White suggested that the sentence beginning, "The
Director of Planning and Development is authorized......" should be listed as paragraph C.
Also "provisions, standards or requirements" should be included in all subparagraphs.
It was moved by Commissioner SNOW and seconded by Commissioner WEISZ, that
since many changes have been made during this meeting that could not be encompassed
in a clear motion at this time, this matter be continued to the meeting of September 6,
2001, in order for the staff to prepare a rewritten ordinance. The motion passed
unanimously.
Planning Commission Page 6
August 16, 2001
OF WHEgI
City of Wheat Ridge ~o
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Enforcement of PRD's and PCD's
DATE: August 7, 2001
Council directed staff to look at an amendment to Chapter 26 which would provide better
enforcement for planned residential and planned commercial developments. The planned
development process provides flexibility for the applicant, but it creates literally hundreds of mini
zone districts, each with their own unique regulations. This makes enforcement of standards,
restrictions, or approval conditions a challenge. Enforcement is made more difficult by the lack of
specific language in Chapter 26 that establishes what the violations are within planned development
zone districts. We have trouble writing summonses in these instances because the Code lacks a
specific section to cite as the violation. "Because it's required in the planned development" doesn't
work on a summons.
This is the case for other approvals as well. For example, nowhere in the Code is it stated that it is a
violation for failure to comply with a condition of approval of a variance or subdivision.
Section 26-1004, Violations, of the Code states:
"Any person, firm or corporation, partnership, or other entity of whatever description
violating any regulation or provision of any of the sections of Chapter 26 of this Code of
laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement
provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day
such violation continues shall constitute a separate offense. "
While this appears on the surface to establish anything contrary to Chapter 26 as a violation, it is too
vague to be effective in court. It is recommended that Section 26-1004 be amended to add a section
that lists specific violations of the Code. The attached ordinance does this.
Staff recommends approval. A motion to recommend approval to City Council is needed.
CAMyFiles\WPFiles\Projects\wning am=dments\PD enforcemmt PC.wpd
Cf WHEgT
~ O
REQUEST FOR COUNCIL ACTION
OR ADO
PUBLIC HEARINGS X ORDINANCES FOR 1ST READING
BIDS/MOTIONS _ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: X
Yes No
SUBJECT: Case No. ZOA 01-03, an ordinance amending Section 26-1004 of the Wheat Ridge Code of
Laws pertaining to violations of the Zoning and Development Code.
SUMMARY AND BACKGROUND: Council requested an amendment to the Zoning and Development
Code to address violations of planned residential developments and planned commercial developments in order
to clarify staff's ability to enforce the provisions of such plans. The proposed ordinance makes the use of a
parcel of land which is contrary to the uses, conditions, or development standards of an approved final
development plan a violation. The ordinance also cites the use of land or structures which is contrary to other
final approvals as violations.
Planning Commission held a public hearing on this ordinance on August 16, 2001 and continued the hearing
until September 6'. The Commission recommended several changes and requested the ordinance be brought
back when revised. Minutes are not yet available.
1. Council Bill No.
STAFF RECOMMENDATION: Approval
BUDGETIMPACT:
Original budgeted amount: $0
Actual contracted amount: $0
Impact of expenditure on line item: $0
Budget Account No.: N/A
ORIGINATED BY: Alan White, Planning and Development Director
STAFF RESPONSIBLE: Alan White, Planning and Development Director
SUGGESTED MOTION: "I move to approve Council Bill No. Case No. ZOA 01-
03, on first reading, ordered published, public hearing set for Monday,
September 24, 2001 at 7:00 p.m. in the city Council Chambers, Municipal
Building, and if approved on second reading, take effect 15 days after final
publication.
C:\MyFiles\WPFiles\Project\zoning mendmentsWiolations cc acfion.wpd
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2001
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS
OF CHAPTER 26.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to provide for enforcement of Chapter 26;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations"
is amended by the addition of a new subsection B; the entire section, as amended,
to read as follows:
Section 26-1004: Violations
A. Any person, firm or corporation, partnership, or other entity of
whatever description violating any regulation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of said Chapter 26, and shall be subject to
the enforcement provisions hereof and the penalties provided in
section 1-5 of this Code of Laws. Each day such violation
continues shall constitute a separate offense.
B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS
CHAPTER TO ERECT ANY STRUCTURE OR USE ANY
STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY
ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR
MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND,
IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE
OF THE FOLLOWING:
1. ANY APPROVAL, OR ANY CONDITION OR STIPULATION
IMPOSED ON ANY APPROVAL, OF ANY SITE
DEVELOPMENT REQUEST APPROVED BY THE BODY
HAVING FINAL APPROVAL AUTHORITY.
GED\53027\384393.01
2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, OR 30-DAY
TEMPORARY USE PERMIT APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION
AND DEPOSIT CONTROL PERMIT ISSUED BY THE
PUBLIC WORKS DEPARTMENT.
4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE
PERMIT.
5. THE USES, CONDITIONS, OR DEVELOPMENT
STANDARDS OF A PLANNED DEVELOPMENT FINAL
DEVELOPMENT PLAN.
6. THE APPROVED USE OR ACTIVITY FOR WHICH A
TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS
BEEN APPROVED OR THE CONTINUED USE OF A
STRUCTURE OR PARCEL OF LAND BEYOND THE
APPROVED EXPIRATION DATE OF A TEMPORARY
PERMIT OR SPECIAL USE PERMIT.
7. ANY PROVISION, REQUIREMENT, OR STANDARD OF
THIS CHAPTER.
C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION
THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS
CONTRARY TO THE FOREGOING PERMITS, CONDITIONS,
APPROVALS, PROVISIONS, REQUIREMENTS, AND
STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7 HEREOF.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability' Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
GED\53027\384393.01 2
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2001, 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 , 2001, 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 2001.
SIGNED by the Mayor on this day of 2001.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\384393.01 3
OF WHFgT
City of Wheat Ridge Po
Planning and Development Department U m
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. ZOA 01-03, Violations of Code
DATE: August 24, 2001
Attached is the ordinance addressing violations of the code with the changes made by the
Commission at the last hearing.
One suggested change was not included: failure to obtain a building permit. This is addressed in
the building code and also in Section 26-103 B.
C:\MyFiles\WPFiles\Pmjects\zoning amendments\violations changesmpd
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2001
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS
OF CHAPTER 26.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to provide for enforcement of Chapter 26;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations"
is amended by the addition of a new subsection B; the entire section, as amended,
to read as follows:
Section 26-1004: Violations
A. Any person, firm or corporation, partnership, or other entity of
whatever description violating any regulation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be
guilty of a violation of said Chapter 26, and shall be subject to
the enforcement provisions hereof and the penalties provided in
section 1-5 of this Code of Laws. Each day such violation
continues shall constitute a separate offense.
B. IT SHALL BE UNLAWFUL AND DEEMED A VIOLATION OF THIS
CHAPTER TO ERECT ANY STRUCTURE OR USE ANY
STRUCTURE OR PARCEL OF LAND, OR TO MAKE ANY
ADDITIONS, ALTERATIONS, DELETIONS, CHANGES, OR
MODIFICATIONS TO ANY STRUCTURE OR PARCEL OF LAND,
IN A MANNER WHICH IS CONTRARY TO ANY ONE OR MORE
OF THE FOLLOWING:
1 . ANY APPROVAL, OR ANY CONDITION OR STIPULATION
IMPOSED ON ANY APPROVAL, OF ANY SITE
DEVELOPMENT REQUEST APPROVED BY THE BODY
HAVING FINAL APPROVAL AUTHORITY.
GED\53027\384393.01
2. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, OR 30-DAY
TEMPORARY USE PERMIT APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. ANY CLASS I FLOOD PLAIN PERMIT OR EXCAVATION
AND DEPOSIT CONTROL PERMIT ISSUED BY THE
PUBLIC WORKS DEPARTMENT.
4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE
PERMIT.
5. THE USES, CONDITIONS, OR DEVELOPMENT
STANDARDS OF A PLANNED DEVELOPMENT FINAL
DEVELOPMENT PLAN.
6. THE APPROVED USE OR ACTIVITY FOR WHICH A
TEMPORARY PERMIT OR SPECIAL USE PERMIT HAS
BEEN APPROVED OR THE CONTINUED USE OF A
STRUCTURE OR PARCEL OF LAND BEYOND THE
APPROVED EXPIRATION DATE OF A TEMPORARY
PERMIT OR SPECIAL USE PERMIT.
7. ANY PROVISION, REQUIREMENT, OR STANDARD OF
THIS CHAPTER.
C. THE DIRECTOR OF PLANNING AND DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO MAKE THE DETERMINATION
THAT AN ACTIVITY OR USE OF STRUCTURES OR LAND IS
CONTRARY TO THE FOREGOING PERMITS, CONDITIONS,
APPROVALS, PROVISIONS, REQUIREMENTS, AND
STANDARDS CONTAINED IN SUBPARAGRAPHS 1-7 HEREOF.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability° Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
GED\53027\384393.01 2
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2001, 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 , 2001, 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 2001.
SIGNED by the Mayor on this day of 2001.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\384393.01 3
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 August 16, 2001 at 7:30 p.m. in the City Council Chambers
of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The following
petitions shall be heard:
Case No. ZOA-01-02: An ordinance amending Sections 26-205, 26-206, 26-207, 26-
208, 26-209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws
pertaining to required setbacks for residential structures and exceptions thereto.
Case No. ZOA-01-03: An ordinance amending Section 26-1004 of the Wheat Ridge
Code of Laws pertaining to violations of the Zoning and Development Code.
Kathy Field, Senior Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: August 3, 2001
Wheat Ridge Transcript
CdKafiy\PCRPTS\PLANGCOM\PUBHRG\010816pub.wpd
OE WHEAT
City of Wheat Ridge F ~o
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Enforcement of PRD's and PCD's
DATE: August 7, 2001
Council directed staff to look at an amendment to Chapter 26 which would provide better
enforcement for planned residential and planned commercial developments. The planned
development process provides flexibility for the applicant, but it creates literally hundreds of mini
zone districts, each with their own unique regulations. This makes enforcement of standards,
restrictions, or approval conditions a challenge. Enforcement is made more difficult by the lack of
specific language in Chapter 26 that establishes what the violations are within planned development
zone districts. We have trouble writing summonses in these instances because the Code lacks a
specific section to cite as the violation. "Because it's required in the planned development" doesn't
work on a summons.
This is the case for other approvals as well. For example, nowhere in the Code is it stated that it is a
violation for failure to comply with a condition of approval of a variance or subdivision.
Section 26-1004, Violations, of the Code states:
"Any person, firm or corporation, partnership, or other entity of whatever description
violating any regulation or provision of any of the sections of Chapter 26 of this Code of
laws shall be guilty of a violation of said Chapter 26, and shall be subject to the enforcement
provisions hereof and the penalties provided in section 1-5 of this Code of Laws. Each day
such violation continues shall constitute a separate offense. "
While this appears on the surface to establish anything contrary to Chapter 26 as a violation, it is too
vague to be effective in court. It is recommended that Section 26-1004 be amended to add a section
that lists specific violations of the Code. The attached ordinance does this.
Staff recommends approval. A motion to recommend approval to City Council is needed.
Q\MyFiles\WPFiIn\Pcojects\ oning ameadments\PD enforcement PC.wpd