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HomeMy WebLinkAboutZOA-00-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Fdwnrdc Council Bill No. 05-2000 Ordinance No. 1185 Series of 2000 TITLE: AN ORDINANCE CONCERNING THE RIGHT TO PROTEST AMENDMENTS TO CHANGES IN ZONE DISTRICT REGULATIONS. WHEREAS, Wheat Ridge Home Rule Charter Section 5.10 authorizes the City Council to amend, supplement, change or repeal the regulation, restrictions and boundaries of zoning districts within the City; and WHEREAS, said Charter Section requires such changes to be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard; and WHEREAS, said Charter Section provides that in the event of a protest against such changes signed by the owners of twenty (20%) percent or more of the area: (1) of the property included within the proposed change; or (2) of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (3) of those directly opposite across the street from the 'property, extending one hundred (100) feet from the street frontage of such opposite property, such changes shall not become effective except by the favorable vote of three- fourths of the entire City Council; and WHEREAS, said Charter Section requires such written protest be submitted to the City Council no later than the hearing on the proposed amendment; and WHEREAS, the Wheat Ridge Code of Laws, at Section 26-6(C)(5), codifies this Charter provision; and WHEREAS, the City Council wishes to make such protest rights easily available to the property owners entitled thereto; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\336543.01 Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby amended as follows: (4) Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adjaeen property owners WITHIN boo FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. THE NOTICE SHALL ALSO ADVISE PROPERTY OWNERS WITHIN APPROXIMATELY 100 FEET OF THE SUBJECT PROPERTY OF THEIR RIGHTS OF PROTEST PURSUANT TO CHARTER SECTION 5.10, AND SHALL INCLUDE AS AN ATTACHMENT TO THE NOTICE A COPY OF SAID CHARTER SECTION. Section 2. Section 26-6(C) is hereby amended by the addition of a new subparagraph (7) to read as follows: (7) THE FOREGOING RIGHT OF PROTEST, AS PROVIDED BY CHARTER SECTION 5.10, SHALL BE APPLICABLE TO APPLICATIONS FOR WHICH A PUBLIC HEARING BEFORE THE CITY COUNCIL IS REQUIRED, FOR: (1) APPROVAL OF A CHANGE OF ZONE, (2) THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT PURSUANT TO CODE OF LAWS SECTION 26- 25, AND (3) APPROVAL OR AMENDMENT OF OUTLINE, PRELIMINARY OR FINAL PLANNED DEVELOPMENT PLANS PURSUANT TO CODE OF LAWS SECTION 26-25. Section 3. 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 4. Severability: Conflicting Ordinances Revealed. 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 GED\53027\338543.01 - _2_ shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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 7 to 1 on this 14th day of February , 2000, 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 March 13 , 2000, 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 7_ to 0 , this 13th day of March 2000. SIGNED by the Mayor on this 13th day of March 2000. ATTEST: Wanda Sang, City First Publication: February 18, 2000 Second Publication: starch 24, 2000 Wheat Ridge Transcript Effective Date: April 7, 2000 Cerveny, Approve To Form Gerald E. Dahl, City Attorney GEC\53027\338543.01 _3_ CITY COUNCIL MINUTES March 13, 2000 Page - 3 - Item 3. Council Bill 05-2000 - An Ordinance concerning the right to protest amendments to changes in Zone District Regulations Council Bill 05-2000 was introduced on second reading by Mr Edwards, who also read the title, Clerk assigned Ordinance No 1185 Mr Dahl explained the two changes that this Ordinance will make to the right to protest. He also stated the Planning Commission had asked that the radius of 100 feet be changed to 600 feet. Motion by Mr Edwards to approve Council Bill 05-2000 (Ordinance 1185) with the Change in Section 1 from 100 feet to "600 feet"; seconded by Mr DiTullio, carried 7-0 Item 4. Public Hearing and authorization to accept the 1999 Local Law Enforcement Block Grant Award Mr DiTullio introduced Item 4 and read the title and summary Ann Pitinga, Grant Administrator, was present and answered questions regarding this Grant. Motion by Mr DiTullio to accept the 1999 Local Law Enforcement Block Grant in the amount of $19,227 I authorize the Mayor to execute all documents necessary for the acceptance of the award I further move that upon receipt of the federal funds they be placed in fund 61 (Police Computer Fund) in an interest bearing account. I further move that a transfer of $2,135 from the General Fund Unallocated reserve to Fund 61 be authorized and occur to satisfy the jurisdictional match I further move that the City of Wheat Ridge Fiscal Year 2000 Budget be amended accordingly; seconded by Mr Edwards, carried 7-0 ORDINANCES ON FIRST READING Item 5. Council Bill 09-2000 - an Ordinance concerning the filing of vacancies on Boards and Commissions. Council Bill 09-2000 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 09-2000 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 2000 at 7 00 p m in City Council Chambers, Municipal Building and take effect upon adoption on second reading and signature by the Mayor and City Clerk; seconded by Mr Edwards, carried 6-1 with Mr Mancinelli voting no Commissioner SNOW moved and Commissioner THOMPSON seconded that the minutes of February 3, 2000 be approved as amended. The motion passed by a vote of 8-0. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. PUBLIC HEARING B. Case No. ZOA-00-01: Application by the City of Wheat Ridge to amend the Zoning j Ordinance Sections 26-6(F)(4) and 26-6(C) of the Code of Laws concerning the right of ~Y citizens to protest amendments to changes in the Zone District Regulations. This case was presented by Gerald Dahl. He reviewed the staff report explaining the proposed changes. Commissioner SNOW suggested the ordinance be changed to require notification to property owners with within 600 feet which would be the same as the requirements for neighborhood meetings. Mr. Dahl stated that if the notice requirement is greater than 100 feet, as suggested in the amended ordinance, two notices should be sent due to the fact that only those people living within the 100-foot radius have a right of protest. Commissioner GOKEY agreed that 100 feet would not necessarily incorporate all those property owners who would be impacted by a development. In response to a question by Commissioner GOKEY, Mr. White stated that street right-of-way is not included in the measurements. Commissioner SNOW requested that Sections 26-6(F)(4) and Section 26-6(C) of Charter Section 5.10 be included in their entirety in the ordinance. Mr. White explained that if notice boundaries extend to 600 feet, it would be necessary to increase application fees to cover the cost of certified mail involved in sending the notices. In response to a question from Commissioner DOYLE, Mr. Dahl explained that a property owner may circulate petitions to be presented to Council even though they are not within the 100-foot boundary that gives them the right to protest. Commissioner BRINKMAN stated that she was in favor of expanding the boundaries because of the many in-fill developments taking place in the city. In response to a question from Commissioner BRINKMAN, Mr. White stated that only property owners are notified and the owners are determined based upon county records. Planning Commission Minutes Page February 17, 2000 n response to a question from Commissioner SNOW concerning amendments to planned developments such as changing the proportion of uses, Mr. Dahl explained that the charter triggers the right of protest when the Council amends the size, shape, boundaries or regulations applicable to any zone district by ordinance. If the change is being made without an ordinance, the protest right is not triggered. Commissioner THOMPSON asked if the city could exercise discretion to send notices to those outside prescribed notice boundaries. Mr. Dahl replied that the city has a right to exercise such discretion as long as it is made very clear to such property owners that they do not have the right to protest. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the application by the City of Wheat Ridge to amend the Zoning Ordinance Sections 26- 6(F)(4) and 26-6(C) of the Code of Laws concerning the right of citizens to protest amendments to changes in the zone district regulations be forwarded to the City Council with recommendation for approval with one change: in Section 4. Letter notice, the words "within 100 feet" be changed to "600 feet"; and that the remainder of the charter section be inserted in the "whereas" section on page one of the ordinance. The motion passed by a vote of 8-0. Commissioner THOMPSON suggested that an article be placed in the CAP newsletter concerning the notice boundary changes. She also suggested that a laminated copy of the regulations defining who has a right of protest be placed on the back table for public information. Commissioner BRINKMAN requested that applicants be required to remove postings after the application has expired to eliminate confusion when there are multiple postings associated with a property. Staff will monitor these situations. A. Case No. WPA-00-01: Application by the City of Wheat Ridge to amend the Comprehensive Plan by repealing the Kipling Activity Center and Fruitdale Valley Master Plans. These plans have been superseded by the new Comprehensive Plan. This matter was presented by Alan White. He stated that staff s recommendation was to repeal these plans for reasons outlined in the staff report. Commissioner SNOW asked if these plans were listed as attachments to the Comprehensive Plan. Mr. White replied that they were not attachments to the Comprehensive Plan, but were two separate plans. Commissioner BRINKMAN asked if the city had received any citizen comments concerning the repealing of these two plans. Mr. White replied that no comments had been received. Planning Commission Minutes Page 3 February 17, 2000 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE CONCERNING THE RIGHT TO PROTEST AMENDMENTS TO CHANGES IN ZONE DISTRICT REGULATIONS. WHEREAS, Wheat Ridge Home Rule Charter Section 5.10 authorizes the City Council to amend, supplement, change or repeal the regulation, restrictions and boundaries of zoning districts within the City; and WHEREAS, said Charter Section requires such changes to be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard; and WHEREAS, said Charter Section provides that in the event of a protest against such changes signed by the owners of twenty (20%) percent or more of the area: (1) of the property included within the proposed change; or (2) of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (3) of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such changes shall not become effective except by the favorable vote of three- fourths of the entire City Council; and WHEREAS, said Charter Section requires such written protest be submitted to the City Council no later than the hearing on the proposed amendment; and WHEREAS, the Wheat Ridge Code of Laws, at Section 26-6(C)(5), codifies this Charter provision; and WHEREAS, the City Council wishes to make such protest rights easily available to the property owners entitled thereto; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\338543.01 Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby amended as follows: (4) Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adjaeent property owners WITHIN FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. THE NOTICE SHALL ALSO STATE THAT PROPERTY OWNERS WITHIN APPROXIMATELY 100 FEET OF THE SUBJECT PROPERTY MAY HAVE RIGHTS OF PROTEST PURSUANT TO CHARTER SECTION 5.10, AND SHALL INCLUDE AS AN ATTACHMENT TO THE NOTICE A COPY OF SAID CHARTER SECTION. Section 2. Section 26-6(C) is hereby amended by the addition of a new subparagraph (7) to read as follows: (7) THE FOREGOING RIGHT OF PROTEST, AS PROVIDED BY CHARTER SECTION 5.10, SHALL BE APPLICABLE TO APPLICATIONS FOR APPROVAL OF A CHANGE OF ZONE FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT PURSUANT TO CODE OF LAWS SECTION 26-25, AND FOR APPROVAL OR AMENDMENT OF OUTLINE, PRELIMINARY OR FINAL PLANNED DEVELOPMENT PLANS PURSUANT TO CODE SECTION 26-25. Section 3. 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 4. Severability; Conflictina 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 GED\53027\338543.01 _2_ shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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 , 2000, 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 , 2000, 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 2000. SIGNED by the Mayor on this day of 2000. 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\338543.01 _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 February 17, 2000 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: 1. Case No. ZOA-00-01: Application by the City of Wheat Ridge to amend the Zoning Ordinance Sections 26-6(F)(4) and 26-6(C) of the Code of Laws concerning the right of citizens to protest amendments to changes in the Zone District regulations. Barbara Delgadillo, Ser~or Secretary ATTEST: Wanda Sang, City Cl To be Published: February 11, 2000 Wheat Ridge Transcript C:\Bub=\PCRPTS\PLANGCOM\PUBHRG\000217N2pub.wpd Mb-UI-UU 11UN UZ:II rfl MX NO P 02/07 AGENDA ITEM Meeting Date: QIIASI-JUDICIAL, X Yes No PUBLIC HEARINGS _ CITY MGR MATTF,RS X ORDINANCES FOR 1" READING _ PROCJCEREMONIFS _ CITY ATTY. MATTERS _ ORDINANCES FOR 2hD READING _ BIDS/MOTIONS PUBLIC COMMENT RESOLUTIONS INFORMATION ONLY ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: Ordinance Concerning Protest Rii hts SUMMARY[RE COMMENDATION ATTACHMENTS: 1. Memorandum from City Attorney ITEM: Yes No 2. Ordinance Dept. Aect # Budgeted Amount $ Requested Expend. $ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: Option A: "I move to APPROVE. Council Bill No. , order it published in full and set for Public hearing and consideration for final passage on March 13, 2000, at 7:00 p.m. in the Council chambers," Option 11: "1 move to DENY Council Bill No. " GUASNTA339131.01 }EH-UI-UU MON U2:18 PM FAX NO. P 05/07 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE CONCERNING THE RIGHT TO PROTEST AMENDMENTS TO CHANGES IN ZONE DISTRICT REGULATIONS. WHEREAS, Wheat Ridge Home Rule Charter Section 5.10 authorizes the City Council to amend, supplement, change or repeal the regulation, restrictions and boundaries of zoning districts within the City; and WHEREAS, said Charter Section requires such changes to be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard; and WHEREAS, said Charter Section provides that in the event of a protest against such changes signed by the owners of twenty (20%) percent or more of the area: (1) of the property included within the proposed change; or (2) of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (3) of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such changes shall not become effective except by the favorable vote of three- fourths of the entire City Council; and WHEREAS, said Charter Section requires such written protest be submitted to the City Council no later than the hearing on the proposed amendment; and WHEREAS, the Wheat Ridge Code of Laws, at Section 26-6(C)(5), codifies this Charter provision; and WHEREAS, the City Council wishes to make such protest rights easily available to the property owners entitled thereto; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: nEM53027\338543.01 rtil-ui-uu MUN U2;19 PN FAX NO P. 06/07 Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby amended as follows: (4) Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adjeeent property owners WITHIN 100 FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. THE NOTICE SHALL ALSO ADVISE PROPERTY OWNERS WITHIN APPROXIMATELY 100 FEET OF THE SUBJECT PROPERTY OF THEIR RIGHTS OF PROTEST PURSUANT TO CHARTER SECTION 5.10, AND SHALL INCLUDE AS AN ATTACHMENT TO THE NOTICE A COPY OF SAID CHARTER SECTION. Section 2. Section 26-6(C) is hereby amended by the addition of a new subparagraph (7) to read as follows: (7) THE FOREGOING RIGHT OF PROTEST, AS PROVIDED BY CHARTER SECTION 5.10, SHALL BE APPLICABLE TO APPLICATIONS FOR WHICH A PUBLIC HEARING BEFORE THE CITY COUNCIL IS REQUIRED, FOR: (1) APPROVAL OF A CHANGE OF ZONE, (2) THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT PURSUANT TO CODE OF LAWS SECTION 26- 25, AND (3) APPROVAL OR AMENDMENT OF OUTLINE, PRELIMINARY OR FINAL PLANNED DEVELOPMENT PLANS PURSUANT TO CODE OF LAWS SECTION 26-25. Section 3. 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 4. §everability; 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 GEDW027338543.01 .2- refs-u -uu nuN ue; is rn FAX NO, P 07/07 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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 , 2000, 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 , 2000, 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 12000. SIGNED by the Mayor on this day of , 2000. 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: G E01530271338543.01 _3_ rtd-u4-uu Mi u4:18 FM FAX NO ;,OL, ~-Ks GORSUCH KIRGIS LLP ATTORNEYS AT LAW c-rnail:gdrrh/(r~gursuch. com Direec 303.376-5019 Tower 1, Suite 1000, 1515 Arapahoe Street. Denver, CO 80202 Telephone: (303) 3765000 Telecnpy; (303) 376-5001 TO: Alan White, Planning Director City of Wheat Ridge 7500 W. 29t" Avenue Wheat Ridge, CO 80215 PROM: Gerald E. Dahl DATE: February 4, 2000 RE: City of Wheat Ridge MfiSSAGL: Attached is ORDINANCE AND MEMORANDUM NO. OF PAGES TO FOLLOW: 5 CLIENT NAME: .City of Wheat Ridge 1'ELECOPY NO.: 303-235-2857 FILE NO. 53027 PHONE NO. 303-235-2844 CONIIUENIIALITY NOTICE: The information contained in this tclccopier message is confidential information intended only for the use or the individual or entity named above. If the rcader of this ruessage is not the intended recipient, you are hereby twti&ed that ally disscntinstion, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Posmi Service. FOR ASSISTANCE, CALL (303) 376-5141 rtc-u4-uu rxi u4:ta ru rnA nu, r. uc GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: City Council and Planning Commission FROM: Gerald E. Dahl, City Attorney DATE: February 4, 2000 RE: Ordinance Concerning the Right to Protest Amendments to Changes in Zone District Regulations As requested by Council, I have drafted the attached ordinance. The purpose of the ordinance is to require that the right of protest contained in Charter Section 5.10 be described in the notice of public hearing for the City Council which is presently sent to adjacent property owners when there is an application for a zoning or planned unit development. Presently, the notice is only sent to property owners adjacent to the property being considered. As Council is aware, the protest right guaranteed in Charter Section 5.10 includes properties extending 100 feet from the property being considered. The attached ordinance changes two sections of the Code of Laws: Section 26-6(F)(4) is changed to increase the "radius" of properties around the affected property for the mailing of the public hearing notice. After discussing this with Alan White, we have deliberately left the distance blank and anticipate that there will be input from the Planning Commission and Council on the proper distance. This section is also amended to require that the recipients of the notice be advised that they may have rights of protest pursuant to Charter Section 5. 10, and requires a copy of Charter Section 5.10 as an attachment. * Section 26.6(C) is amended to add a new subparagraph (7) listing the land use approvals to which Charter Section 5.10 applies. As Council is aware, that section generally describes that the protest right in Section 5.10 concerns City Council actions to "amend, supplement, change or repeal the regulation, restrictions and boundaries of zoning GEM530271339005.01 1EH-U4-UU FK1 U4,18 Fn FAX NO P 03 districts within the City." The Colorado courts have long held that city councils have the right to act by ordinance to explain and implement charter provisions, so long as such ordinances do not have the effect of repealing or amending the charter. In my opinion, it is permissible for the Council to adopt this ordinance to implement a procedure to implement the protest right of Charter Section 5.10. The new subsection 26-6(C)(7) provides that the right of protest applies to change of zone, the establishment of a planned development district, and for approval or amendment of outline preliminary or final planned development plans for planned development districts. Alan and I want to specifically alert the Planning Commission and Council to an issue which should be addressed in this ordinance, Often there are minor, administrative amendments to planned development district plans. Many times, these amendments are processed administratively and have no effect upon the general nature of the planned development district itself. We strongly believe that these administrative level amendments are not intended to be contained within the right of protest as expressed in Charter Section 5.10. We will be suggesting that the attached ordinance make clear that administratively-approved amendments are not within the scope of Charter Section 5.10. Alan and I look forward to discussing this proposed ordinance with the Planning Commission at its February 17, 2000, meeting. Because City Council will also be in attendance at that meeting, it will be a good opportunity for both bodies to ask questions about this draft and to give Alan and me direction. G E D/mmw Attachment GE015302)\339005.01 2 rtb-U4-UU M1 U4:1y Fil MX NU. N 04 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No, Ordinance No. Series of 2000 TITLE: AN ORDINANCE CONCERNING THE RIGHT TO PROTEST AMENDMENTS TO CHANGES IN ZONE DISTRICT REGULATIONS. WHEREAS, Wheat Ridge Home Rule Charter Section 6.10 authorizes the City Council to amend, supplement, change or repeal the regulation, restrictions and boundaries of zoning districts within the City; and WHEREAS, said Charter Section requires such changes to be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard; and WHEREAS, said Charter Section provides that in the event of a protest against such changes signed by the owners of twenty (20%) percent or more of the area: (1) of the property included within the proposed change; or (2) of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (3) of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such changes shall not become effective except by the favorable vote of three- fourths of the entire City Council; and WHEREAS, said Charter Section requires such written protest be submitted to the City Council no later than the hearing on the proposed amendment; and WHEREAS, the Wheat Ridge Code of Laws, at Section 26-6(C)(5), codifies this Charter provision; and WHEREAS, the City Council wishes to make such protest rights easily available to the property owners entitled thereto; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GE0153027MBS,13.01 htd-U4-UU M1 U4:1J FM I•RX NU N Ub Section 1. amended as follows: Wheat Ridge Code of Laws, Section 26-6(F)(4) is hereby (4) Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adiae" property owners WITHIN FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. THE NOTICE SHALL ALSO STATE THAT PROPERTY OWNERS WITHIN APPROXIMATELY 100 FEET OF THE SUBJECT PROPERTY MAY HAVE RIGHTS OF PROTEST PURSUANT TO CHARTER SECTION 5.10, AND SHALL INCLUDE AS AN ATTACHMENT TO THE NOTICE A COPY OF SAID CHARTER SECTION. Section 2. Section 26-6(C) is hereby amended by the addition of a new subparagraph (7) to read as follows: (7) THE FOREGOING RIGHT OF PROTEST, AS PROVIDED BY CHARTER SECTION 5.10, SHALL BE APPLICABLE TO APPLICATIONS FOR APPROVAL OF A CHANGE OF ZONE, FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT PURSUANT TO CODE OF LAWS SECTION 26-25, AND FOR APPROVAL OR AMENDMENT OF OUTLINE, PRELIMINARY OR FINAL PLANNED DEVELOPMENT PLANS PURSUANT TO CODE SECTION 26.25. Section 3. Saf t 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 4. Severabiiity; Conflicting Ordinances Revealed. 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 GC01530271338543.01 -2- rcn-U4-UU rrct U4;eU r11 HiX NU. F. Ub shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, Section 5 Effective Dote. 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 on this day of to 2000, ordered pub lishd in full in a newspaper of general circu lation in the City of Wheat Ridge and Publ ceHearing and consideration on final passage set for p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Coloradoock READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 2000. ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney GED\530271338543.01 -3- Case No.: OA0001 ! Quarter Section Map No.: App: Last Name: City of Wheat Ridge Related Cases: - App: First Name: -Case History: mend Sections 26-6(F)( Owner: Last Name: nd 26-6(C) of the zoning j ord. pertaining to protest Owner: First Name: rights.... App Address: - " Review Body: PC 2/17100 City, State Zip: - App: Phone: - APN: Owner Address: 2nd Review Body: City Council City/State/Zip: 2nd Review Date:. r_ Owner Phone: - - ! - Decision-making Body: City Council _ Project Address: Approval/Denial Date: Street Name: r L _ ~ . CitylState, Zip: ResolOrdinance No.: Case Disposition: Conditions of Approval: Project Planner: hite File Location: getive (Ze c Notes: Follow-Up:- District: Date Received: l4/2000... Pre-App Date: