HomeMy WebLinkAboutZOA-00-03CITY COUNCIL MINUTES February 28, 2000 Page - 4 -
ORDINANCES ON FIRST READING
Item 3. Council Bill 09-2000 - An Ordinance adopting a temporary moratorium on
acceptance, processing and issuance of permits or approvals for development of
private and charter schools and structures in which nonprofit organizations
IF operate, in Industrial, Commercial, and Agricultural Zone Districts within the City
and declaring an Emergency
Council Bill 09-2000 was introduced as an Emergency Ordinance by Mrs Worth, who also
read the title and summary; Clerk assigned Ordinance No 1183
City Attorney, Jerry Dahl, and Planning Director Alan White, presented the Ordinance
Larry Welshon, 2469 Kendall Street, President of Alpine Valley School, representing a
number of the people who are present here tonight, stated that they will probably not have
more than 50 students enrolled at this property (4501 Parfet), the flexible scheduling at their
school has resulted in a negligible traffic flow; 80% of the students participate in car-pooling,
therefore the actual number of vehicles will be significantly less than the number of students
arriving and departing, the building has been occupied by a non-profit organization for 30
years, therefore they would not be taking this property off the tax rolls, he asked that if Council
approves this moratorium, their school be exempted
Laurie Korte, 4573 Everett Court, has a six-year old daughter who attends Alpine Valley
School; the school is a great benefit to the community because the students are more
respectful, more accepting of others that students from other schools
City Attorney, Gerald Dahl, stated that the issue before Council and the public hearing being
held, is pertaining to legislation, the conditional use permit for Alpine Valley School is currently
before the Planning Commission and could possibly be appealed to City Council, he urged the
speakers to avoid speaking of Alpine Valley School's application and address their remarks to
the legislation Let the Planning Commission do their job
Katy Myers, 8485 West 38'h Avenue, a founding parent of the Compass Montessori School,
told about their school and their community activities, parents are encouraged to follow
safeguards on dropping off and picking up children
CITY COUNCIL MINUTES February 28, 2000 Page - 5 -
Ban` Johnson, 3945 Newman Street, spoke to the integrity of the staff and parents of Alpine
Valley School, his son was enrolled there for 1 year, but is no longer there He urged Council
to reject the Ordinance or to exempt Alpine Valley
Charles Harris, 14581 Garfield Street, Pastor of the Harmony Fellowship Church, 4501 Parfet
Street, feels that the moratorium will negatively affect the traffic flow; if they can't sell to the
Alpine Valley School, they will be forced to increase the number of services they currently
have because their parking is maxed out; the church is creating a much greater traffic flow
than the school would
Greg Grossman, 9556 West 47`h Avenue, is against the moratorium
Richard Fulton, 10545 West 46" Avenue, principal at Compass Montessori School, wondered
if this would affect their proposed expansion plans, if so, it would cause irreparable harm
Donald Welshon read a letter from Mary Margaret Coates, 9835 West 35`h Avenue, into the
record, which stated that the traffic flow at Alpine Valley School would be a minimal increase
Ron Patera, is concerned about the message we are sending out to the community; he
requested that we not vote for this moratorium
Tammy Welshon, stated if this passes it could kill their school because they might lose their
funding
Motion by Mrs Worth to approve Council Bill 09-2000 (Ordinance 1183), an Ordinance
adopting a temporary moratorium on acceptance, processing and issuance of approvals for
development of private and charter schools and structures in which nonprofit organizations
operate, in industrial, commercial and agricultural zone districts within the City, and declaring
an Emergency; with the following changes to the Ordinance, on Page 2, top whereas, delete
"or request building permits, excavation permits", next whereas delete "building permits,
excavation permits", last whereas delete "building or excavation permits", under Section 1 the
first sentence read "The City Council hereby declares and imposes a moratorium upon the
acceptance of applications for the following then delete (1) building or excavation permits
and renumber the rest; and to change the title to read "processing acceptance of
applications , and delete processing and issuance of permits"; and that terminology in the
Whereas sections that deal with processing and issuance would get changed as well to be
consistent with the title change, seconded by Mr Siler
CITY COUNCIL MINUTES February 28, 2000 Page - 6 -
Motion by Ms Figlus to amend the Ordinance to exempt places with 2500 square feet or less
in size, seconded by Mr DiTullio, tied 4-4 with Councilmembers Shaver, DiTullio, Figlus and
Hanley voting yes Mayor broke the tie by voting no Motion failed 5-4
Vote on original motion tied 44 with Councilmembers Edwards, Shaver, Worth, and Siler
voting yes Mayor broke the tie by voting no Motion failed 5-4
Motion by Mrs Worth to adjourn, seconded by Mr Siler; Motion by Mr Siler to amend to
continue to a date certain, tomorrow night at 7 00 p m. and finish the agenda, seconded by
Mrs Worth, failed 2-6 with Councilmembers Worth and Siler voting yes. Original motion failed
2-6 with Councilmembers Worth and Siler voting yes
Motion by Mr DiTullio to go past 11 00 p m and finish the Agenda, seconded by Mr Edwards,
carried 7-1 with Mrs Worth voting no
Item 4. Council Bill 08-2000 - An Ordinance providing for the approval of a rezoning from
Residential-Two and Restricted Commercial to Planned Commercial
Development for property located at 9751 West 44" Avenue, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-99-15)
Council Bill 08-2000 was introduced on first reading by Mrs Worth, who also read the title
Motion by Mrs Worth that Council Bill 08-2000 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 if approved on second reading, take effect 15 days after
final publication, seconded by Mr Edwards carried 8-0
Item 5. A. Council Bill 06-2000 - An Ordinance approving demolition of two municipally-
owned buildings located at 6287 West 481h Place
B Council Bill 07-2000 - An Ordinance approving demolition of the municipally-
owned building located at 4900 Marshall
Council Bills 06-2000 and 07-2000 were introduced on first reading by Mr Siler who also read
the titles
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Alan White, Director of Planning and Development
FROM: 'Meredith Reckert, Senior Planner
SUBJECT: Proposed Moratorium
DATE: February 14, 2000
The following are properties which will be affected by the proposed moratorium
Beth Eden Baptist Church at 2600 Wadsworth Blvd received approval in 1994 for a substantial
increase in floor area in three phases with a total buildout of 94,500 square feet. A meeting is
scheduled tomorrow with the church to discuss required public improvements on Wadsworth
with the issuance of a building permit.
Foothills Academy at 4725 Miller Street is anticipating construction of an additional building on
the north side of their campus. With the new building, additional parking and public
improvements along the frontage road including a drop-off lane will be built.
Alpine Valley School at 4501 Parfet has applied for a conditional use permit to convert an
existing church into a private school. No building expansions are planned but minimal site
improvements may be necessary. Scheduled for Planning Commission public hearing on March
2, 2000.
Compass Montessori at 10399 W. 44`h Avenue is in the process of applying for a conditional use
permit for approval of an addition to the existing building on their A-1 (eastern) parcel. A
neighborhood meeting is tentatively scheduled for the week of February 21, 2000.
The Abundant Grace Fellowship at 4535 Wadsworth is interested in getting a building permit
for a parking lot expansion.
Glory of God Lutheran at 12200 W. 39 h Avenue had a CUP approved in June of 1998 to allow
approx. 4000 square foot expansion for nursery, Sunday school classrooms and storage. Staff
has received recent inquiries regarding building permit process.
Other institutions which may be affected: Assisted Living facilities, City-owned facilities such
as the Baugh property, Lutheran/Exempla, Senior Resource Center, quasi-public buildings such
as fire stations
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM
ON ACCEPTANCE, PROCESSING AND ISSUANCE OF
PERMITS OR APPROVALS FOR DEVELOPMENT OR
ENLARGEMENT OF PRIVATE AND CHARTER SCHOOLS AND
STRUCTURES IN WHICH NONPROFIT ORGANIZATIONS
OPERATE, IN INDUSTRIAL, COMMERCIAL AND
AGRICULTURAL ZONE DISTRICTS WITHIN THE CITY, AND
DECLARING AN EMERGENCY
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 may adopt such ordinances relative to local and
municipal matters as are necessary to effectuate the purposes and intent of the
powers granted to home rule municipalities by the Constitution of the State of
Colorado; and
WHEREAS, Section 1.3 of the Home Rule Charter for the City confers all
home rule powers to the City; and
WHEREAS, Section 5.13 of the Charter provides that emergency ordinances
may be enacted for the immediate preservation of the public property, health,
peace, or safety; and
WHEREAS, the City is concerned that location of new or enlargement of
existing private and charter schools and structures in which nonprofit organizations
operate in the planned development, industrial, commercial and agricultural zone
districts of the City pose a threat to the safety of school children and members of
the public due to increased traffic and circulation congestion and do not fully utilize
valuable commercial districts by occupying those districts with uses that do not
produce sales tax revenues in proportion to their needs, and
WHEREAS, the City has initiated a process to revise and update its Zoning
Code, Chapter 26 of the City of Wheat Ridge Code of Laws, concerning location of
new or enlargement of existing private and charter schools and structures in which
nonprofit organizations operate; and
MHJ\53027\338838.01
WHEREAS, the City Council finds that property owners may accelerate plans
for or request building permits, excavation permits, special or conditional use
permits, rezoning approvals, planned development or site plan approvals,
subdivision approvals, variances or temporary use permits for or which allow
location or enlargement of private or charter schools or structures in which
nonprofit organizations operate in reaction to this Zoning Code revision process;
and
WHEREAS, the City Council finds that acceptance of and processing of
applications for building permits, excavation permits, special or conditional use
permits, rezoning approvals, planned development or site plan approvals,
subdivision approvals, variances or temporary use permits for or which allow
private or charter schools or structures in which nonprofit organizations operate
prior to the completion of the revisions to the Zoning Code concerning location or
enlargement of private and charter schools and structures in which non-profit
organizations operate will not promote coordinated, innovative, high-quality
planning or produce a well-balanced community and other elements directly related
to the quality of life for existing and future residents in the "City; and
WHEREAS, the City Council finds that a delay in the acceptance and
processing of such applications for a period of time not to exceed August 14,
2000, is necessary and in the best interest of the City in order for the City to
complete its review of these revisions to the Zoning Code; and
WHEREAS, this temporary moratorium is necessary in order to permit
consideration by the City Council of such revisions to the Zoning Code; and
WHEREAS, uncontrolled acceptance of applications for, or approval of,
building or excavation permits, special or conditional use permits, rezoning or
planned development or site plan approvals, subdivision, variance, temporary use
permits or other land use approvals which would allow location or enlargement of
private and charter schools and structures in which nonprofit organizations operate
in certain zone districts prior to the consideration by the Council of the revisions to
the Zoning Code would defeat the efforts of the City to promote comprehensive
planning and to protect existing neighborhood integrity;
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 the (a) acceptance of applications for, (b) processing of
applications for, and (c) issuance of any of the following:
(1) building or excavation permits,
MHJ\53027\338838.01 2
(2) special or conditional use permits,
(3) rezoning approvals,
(4) planned development or site plan approvals,
(5) subdivision or variance approvals,
(6) temporary use permits,
(7) other land use approvals
which would allow the location or enlargement of any private or charter school or
structure in which any nonprofit organization operates in any zone district in the
City except the Residential Zone Districts: R-1, R-1 A, R-1 B, R-1 C, R-2, R-2A, R-3,
R-3A. Said moratorium shall terminate on August 14, 2000, unless terminated
earlier by the City Council. 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 14, 2000.
Section 2. Nonprofit Organization Defined. As used in this ordinance,
"nonprofit organization" includes any organization or corporation organized and
operating pursuant to the Colorado Revised Nonprofit Corporation Act, Articles 121
to 137 of Title 7, C.R.S. and/or which holds a § 501(c) exemption under the U.S.
Internal Revenue Code.
Section 3. 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 4. Emergency Declared. Pursuant to Section 5.13 of the Wheat
Ridge Charter, the City Council hereby finds and declares that an emergency exists
which requires the immediate effectiveness of this Ordinance, in that the effective
implementation of the contemplated revision of the Zoning Code relating to location
or enlargement of private and charter schools and structures in which nonprofit
organizations operate would be frustrated and prevented without the protection
which this Ordinance will give.
Section 5. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 6. Effective Date. This Ordinance shall become effective upon
adoption, as provided by Section 5.13 of the Charter.
MHJ\53027\338838.01 3
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote
of - to _ on this day of February, 2000, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge.
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
Publication:
Wheat Ridge Transcript
MHJ\53027\338838.01 4
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GORSUCH KIRGIS L L P
ATTORNEYS AT LAW
MEMORANDUM
T0: Mayor and City Council
FROM: Gerald E. Dahl
DATE: February 3, 2000
RE: Emergency Moratorium Ordinance Regarding Charter Schools, Private
Schools and Nonprofit Organizations
At Council's request by consensus at its January 17, 2000, study session,
and in consultation with Alan White, I have prepared this memorandum describing
the proposed emergency moratorium ordinance. The format of the ordinance itself
is similar to that employed in the ordinances imposing a moratorium on multi-family
residential developments some time ago. There are a number of policy matters
which Council must consider prior to adopting this ordinance. This memorandum is
intended to highlight those issues.
1. Scope of the Moratorium
As I understand the request, this moratorium would apply to the acceptance
and processing of applications for building permits, excavation permits, special or
conditional use permits, rezoning, planned development or site plan approval,
subdivision, variance, temporary use permit or other land use approval by the City,
for any of the following:
Establishment or enlargement of a charter school
Establishment or enlargement of a private or parochial school
Establishment or enlargement of an office, day care center, or other place of
business or operation of a nonprofit organization (defined to include the
organization which is organized and operating pursuant to the Colorado
Nonprofit Corporation Act, C.R.S. title 7 and/or which holds a designation under
§ 5011c)(3) of the U.S. Internal Revenue Code).
GED163OVM7966,01
FEB-02-00 07:15 AM JURAN 3034700156 P.03
Including charter schools within the scope of the moratorium and future
regulatory changes raises an issue that Council should consider. Charter schools are
described as public schools throughout the Charter Schools Act, C.R.S. §22-30.5-104,
Section 22.30.5-104(4) states that "[a] charter school may organize as a nonprofit
corporation , which shall not affect its status as a public school for any purposes
under Colorado law."
Traditionally, the sites for public schools are chosen by the board of education
for the school district. State statutes require that a board of education consult with
and advise in writing the planning commission or governing body of a jurisdiction in
which a site is proposed of the board's intent to locate a structure or building, C.R.S.
§22.32.124(1). The consultation or notice is required only to ensure that "the
proposed site shall conform to the adopted plan of the community insofar as is
feasible." §22.32.104(1). Thus, under state statute, a school district has the
authority to make the final determination of the location of "public schools" within the
district.
Charter schools, however, are made responsible for their own operations.
Statutes specifically place the responsibility on charter schools for such operational
activities as preparing their budgets, contracting for services and for personnel matters.
While statutes do not specifically address the issue of location of charter schools, state
statute does provide that a charter school may negotiate and contract with a school
district or any third party for the use of a school buildings and grounds. C.R.S. §22-
30.5-104(7)(b). Statutes neither authorize nor require the board of education to
choose or acquire school sites for the charter schools.
A charter school proponent may argue that the City has no authority to limit
placement of charter schools as state statute authorizes boards of education to finally
determine the placement of "public schools." The City make take an equally defensible
position that the state has recognized autonomy of charter schools in their operations,
including the ability to contract for school sites. Therefore, charter schools are
independent of boards of education when it comes to school site selection and the
broad authority given to boards of education to determine school location does not
apply to charter schools.
2. Justification for the Moratorium
As Council knows from its experience with the moratorium on multi-family
residential development, there must be a public policy purpose for the imposition of
the moratorium. (In the event the moratorium is to be adopted as an emergency, it
will also be necessary to have an emergency clause describing the nature of the
emergency.) Potential justifications for this moratorium, as I understand Council's
intent in the matter, could include the following:
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FED-02-00 07:15 AM JURAN 3034700156 P.04
The increase in volume and nature of development applications for the listed
activities threatens the safety of school children where schools are established
in close proximity to or within commercial areas.
The number, nature and degree of the listed activities poses a threat to
residential neighborhood integrity.
The number, nature and degree of the listed activities exacerbates traffic and
circulation congestion within and around commercial areas, resulting in a hazard
to public safety.
The number, nature and degree of the listed activities has the effect of
occupying commercial properties with uses which are public service-intensive
and do not produce commercial sales tax revenues in proportion to their needs,
not fully utilizing valuable commercial areas.
3. Potential Land Use Code Changes
As Council is aware, the purpose of a moratorium ordinance is to "freeze"
development application and processing activity in order to permit the City to
develop and implement new regulations on the subject. However, it will be
important for City staff to know precisely what regulation changes should be
developed and brought forward for Council's consideration within the moratorium
period. As I understand the Council's intention regarding this matter, I believe the
following potential regulation changes might qualify:
Make the listed school and nonprofit uses as conditional or special uses within
certain zone districts (the commercial districts.) In association with this change,
it would probably be appropriate to include review criteria in the City's
conditional use and special use code sections, which criteria are specific to
school and nonprofit uses, and/or
Provide that in certain districts the listed school and nonprofit uses are
prohibited, and/or
Provide that there shall be certain distance limitations imposed upon the school
and nonprofit uses, such that they must be "spaced" from each other, limited in
number within a defined block radius, or limited in number within a Council
district. This approach is similar to that formerly used for the regulation of
group homes prior to the City's amendment to conform with the Federal Fair
Housing Act amendments.
There may well be other regulatory techniques.
4. Impact on Pending Projects
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FEB-02-00 07:16 AM JURAN
3034700156 P.05
During the 1999 session of the General Assembly, the Legislature enacted
HB 99-1280, which abolished the "pending ordinance" doctrine in Colorado. As
applied to this circumstance, the effect of the law is to require that a land
development application be reviewed and judged according to the regulations in
place at the time the application was filed. This means that any applications for
these school or nonprofit uses which have been received by the City prior to the
effective date of the moratorium will not be affected by any new regulations, and
must be processed under the City's existing Code. It is for this reason that the
moratorium ordinance should specifically impose a stay upon the "acceptance of"
and processing of applications, Any applications received after the effective date
of the moratorium ordinance may properly be rejected and given back to the
applicant, with instructions that the City is not presently accepting such
applications. Once the moratorium is removed, and new applications are received,
they will be judged according to the new regulations. I should also note that there
are some existing and proposed school and nonprofit uses which are proposed in
the A-1 District, not in the City's commercial districts. Unless a moratorium were
extended to apply to these uses no matter where located in the City, these
applications will not be affected by the moratorium and would go forward.
5. Length of the Moratorium
It is important that enough time be given in the moratorium period for City
staff to develop, and for the Planning Commission and City Council to thoroughly
consider, the new regulations. At the same time, any moratorium imposed by the
City is in derogation of private property rights, and should be as short in time so to
avoid inconveniencing persons for any longer than necessary. Alan and I believe
that a time period of approximately B months would be sufficient for the new
regulations to be developed and brought forward for Planning Commission and City
Council consideration.
GED/mmw
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FEB-02-00.07:16 AM JURAN 3034700156 P.06
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2000
TITLE: AN ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON DEVELOPMENT OR ENLARGEMENT OF PRIVATE
AND CHARTER SCHOOLS AND STRUCTURES IN WHICH NONPROFIT
ORGANIZATIONS OPERATE IN INDUSTRIAL, COMMERCIAL AND
AGRICULTURAL ZONE DISTRICTS WITHIN THE CITY, AND
DECLARING AN EMERGENCY
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 may adopt such ordinances relative to local and
municipal matters as are necessary to effectuate the purposes and intent of
the powers granted to home rule municipalities by the Constitution of the
State of Colorado; and
WHEREAS, Section 1.3 of the Home Rule Charter for the City confers
all home rule powers to the City; and
WHEREAS, Section 5.13 of the Charter provides that emergency
ordinances may be enacted for the immediate preservation of the public
property, health, peace, or safety; and
WHEREAS, the City is concerned that location of new or enlargement
of existing private and charter schools and structures in which nonprofit
organizations operate in the planned development, industrial, commercial and
agricultural zone districts of the City pose a threat to the safety of school
children and members of the public due to increased traffic and circulation
congestion and do not fully utilize valuable commercial districts by occupying
those districts with uses that do not produce sales tax revenues in proportion
to their needs, and
WHEREAS, the City has initiated a process to revise and update its
Zoning Code, Chapter 26 of the City of Wheat Ridge Code of Laws,
concerning locations of new or enlargement of existing private and charter
schools and structures in which nonprofit organizations operate, and
FEB-02-00 07:17 PM JURRN 3034700156 P.07
WHEREAS, the City Council finds that property owners may accelerate
plans for or request building permits, excavation permits, special or
conditional use permits, rezoning approvals, planned development or site plan
approvals, subdivision approvals, variances or temporary use permits for or
which allow location or enlargement of private or charter schools or
structures in which nonprofit organizations operate in reaction to this Zoning
Code revision process; and
WHEREAS, the City Council finds that acceptance of and processing
of applications for building permits, excavation permits, special or conditional
use permits, rezoning approvals, planned development or site plan approvals,
subdivision approvals, variances or temporary use permits for or which allow
private or charter schools or structures in which nonprofit organizations
operate prior to the completion of the revisions to the Zoning Code
concerning location or enlargement of private and charter schools and
structures in which non-profit organizations operate will not promote
coordinated, innovative, high-quality planning or produce a well-balanced
community and other elements directly related to the quality of life for
existing and future residents in the City; and
WHEREAS, the City Council finds that a delay in the acceptance and
processing of such applications for a period of time not to exceed August
14, 2000, is necessary and in the best interest of the City in order for the
City to complete its review of these revisions to the Zoning Code; and
WHEREAS, this temporary moratorium is necessary in order to permit
consideration by the City Council of such revisions to the Zoning Code; and
WHEREAS, uncontrolled acceptance of applications for, or approval of,
building or excavation permits, special or conditional use permits, rezoning or
planned development or site plan approvals, subdivision, variance, temporary
use permits or other land use approvals which would allow location or
enlargement of private and charter schools and structures in which nonprofit
organizations operate in certain zone districts prior to the consideration by
the Council of the revisions to the Zoning Code would defeat the efforts of
the City to promote comprehensive planning and to protect existing
neighborhood integrity;
2
FED-02-00 07:17 AM JURAN
3034700156 P.08
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
,Sgction 1. Moratorium declared. The City Council hereby declares and
imposes a moratorium upon the (a) acceptance of applications for, or (b)
processing of applications for, or (c) issuance of any of the following:
(1) building or excavation permits,
(2) special or conditional use permits,
(3) rezoning approvals,
(4) planned development or site plan approvals,
(6) subdivision or variance approvals,
(6) temporary use permits,
(7) or other land use approvals
which would allow the location or enlargement of any private or charter
school or structure in which any nonprofit organization operates in any zone
district in the City except the Residential Districts, R-1, R-1A, R-1B, R-1C,
R-2, R-2A, R-3, R-3A. Said moratorium shall terminate on August 14, 2000,
unless terminated earlier by the City Council. 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 14, 2000.
Section 2 Nonprofit Organization Defined. As used in this ordinance,
.,nonprofit organization" includes any organization or corporation organized
and operating pursuant to the Colorado Revised Nonprofit Corporation Act,
Articles 121 to 137 of Title 7, C.R.S. and/or which holds a § 601(c)(3)
designation for exemption under the Internal Revenue Code.
Section 3. 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 4 Emergency ared. Pursuant to Section 6.13 of the Wheat
Ridge Charter, the City Council hereby finds and declares that an emergency
exists which requires the immediate effectiveness of this Ordinance, in that
the effective implementation of the policy recommendations of the
contemplated revision of the Zoning Code relating to location or enlargement
of private and charter schools and structures in which nonprofit
organizations operate would be frustrated and prevented without the
protection which this Ordinance will give.
3
FEB-02-00.07:17 AM JURAN
3034700156 P.09
Section 5. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgment
shall not affect, impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall become effective upon
adoption, as provided by Section 6.13 of the Charter.
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a
vote of - to - on this day of February, 2000, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge.
SIGNED by the Mayor on this _ day of 2000,
GRETCHEN CERVENY, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
APPROVED AS TO FORM:
GERALD F. D'AHL, CITY ATTORNEY
Publication;
Wheat Ridge Transcript
4
roul'Acd Feb ?
GORSUCH KIRGIS LLP
I~ I ATTORNEYS AT LAW
~b~_c
MEMORANDUM
TO: Mayor and City Council
n~-
FROM: Gerald E. Dahl
M 6~zeJ N
DATE: January 20, 2000 L'
RE: Emergency Moratorium Ordinance Regarding Charter Schools, Private
Schools and Nonprofit Organizations
At Council's request by consensus at its January 17, 2000, study session,
and in consultation with Alan White, I have prepared this memorandum describing
the proposed emergency moratorium ordinance. The format of the ordinance itself
is similar to that employed in the ordinances imposing a moratorium on multi-family
residential developments some time ago. There are a number of policy matters
which Council must consider prior to adopting this ordinance. This memorandum is
intended to highlight those issues.
1. Scope of the Moratorium
As I understand the request, this moratorium would apply to the acceptance
and processing of applications for building permits, excavation permits, special or
conditional use permits, rezoning, planned development or site plan approval,
subdivision, variance, temporary use permit or other land use approval by the City,
for any of the following:
* Establishment or enlargement of a charter school
* Establishment or enlargement of a church (church is defined in the
Wheat Ridge Code of Laws at Section 26-5)
* Establishment or enlargement of a private or parochial school
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* Establishment or enlargement of an office, day care center, or other
place of business or operation of a nonprofit organization (defined to
include the organization which is organized and operating pursuant to
the Colorado Nonprofit Corporation Act, C.R.S. title 7 and/or which
holds a designation under § 501(c) of the U.S. Internal Revenue Code.)
2. Justification for the Moratorium
As Council knows from its experience with the moratorium on multi-family
residential development, there must be a public policy purpose for the imposition of
the moratorium. (In the event the moratorium is to be adopted as an emergency, it
will also be necessary to have an emergency clause describing the nature of the
emergency.) Potential justifications for this moratorium, as I understand Council's
intent in the matter, could include the following:
* The increase in volume and nature of development applications for the
listed activities threatens the safety of school children where schools
are established in close proximity to or within commercial areas.
* The number, nature and degree of the listed activities poses a threat
to residential neighborhood integrity.
* The number, nature and degree of the listed activities creates traffic
and circulation congestion within and around residential areas (or
exacerbates such problems within commercial areas), resulting in a
hazard to public safety.
* The number, nature and degree of the listed activities has the effect of
occupying commercial properties with uses which are public service-
intensive and do not produce commercial sales tax revenues in
proportion to their needs, creating underutilization of valuable
commercial areas.
3. Potential Land Use Code Changes
As Council is aware, the purpose of a moratorium ordinance is to "freeze"
development application and processing activity in order to permit the City to
develop and implement new regulations on the subject. However, it will be
important for City staff to know precisely what regulation changes should be
developed and brought forward for Council's consideration within the moratorium
period. As I understand the Council's intention regarding this matter, I believe the
following potential regulation changes might qualify:
+ Make the listed school and nonprofit uses as conditional or special
uses within certain zone districts (the commercial districts.) In
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association with this change, it would probably be appropriate tc
include review criteria in the City's conditional use and special use
code sections, which criteria are specific to school and nonprofit uses,
or
* Provide that in certain listed districts the listed school and nonprofit
uses are prohibited, or
* Provide that there shall be certain distance limitations imposed upon
the school and nonprofit uses, such that they must be "spaced" from
each other, limited in number within a defined block radius, or limited
in number within a Council district. This approach is similar to that
formerly used for the regulation of group homes prior to the City's
amendment to conform with the Federal Fair Housing Act
amendments.
There may well be other regulatory techniques.
4. Impact on Pending Projects
During the 1999 session of the General Assembly, the Legislature enacted
HB 99-1280, which abolished the "pending ordinance" doctrine in Colorado. As
applied to this circumstance, the effect of the law is to require that a land
development application be reviewed and judged according to the regulations in
place at the time the application was filed. This means that any applications for
these school or nonprofit uses which have been received by the City prior to the
effective date of the moratorium will not be affected by any new regulations, and
must be processed under the City's existing Code. It is for this reason that the
moratorium ordinance should specifically impose a stay upon the "acceptance of"
and processing of applications. Any applications received after the effective date
of the moratorium ordinance may properly be rejected and given back to the
applicant, with instructions that the City is not presently accepting such
applications. Once the moratorium is removed, and new applications are received,
they will be judged according to the new regulations. I should also note that there
are some existing and proposed school and nonprofit uses which are proposed in
the A-1 District, not in the City's commercial districts. Unless a moratorium were
extended to apply to these uses no matter where located in the City, these
applications will not be affected by the moratorium and would go forward.
5. Length of the Moratorium
It is important that enough time be given in the moratorium period for City
staff to develop, and for the Planning Commission and City Council to thoroughly
consider, the new regulations. At the same time, any moratorium imposed by the
City is in derogation of private property rights, and should be as short in time so to
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avoid inconveniencing persons for any longer than necessary. Alan and I believe
that a time period of approximately :b )b months would be sufficient for the
new regulations to be developed and brought forward for Planning Commission and
City Council consideration.
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