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HomeMy WebLinkAboutZOA-00-04CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 19 Ordinance No. 1199 Series of 2000 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE AUTHORITY OF THE CITY COUNCIL TO REREFER LAND DEVELOPMENT APPLICATIONS TO THE PLANNING COMMISSIONS. WHEREAS, the Code of Laws does not presently permit the City Council to rerefer land development applications to the Planning Commission for additional review and recommendation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (1), to read: Rereferral to Planning Commission. City Council may, in its sole discretion, rerefer an application for any of the following approvals to the Planning Commission for additional review and recommendation: (1) Special use permits under Section 26-6(B); . (2) Rezoning under Section 26-6(C); (3) Planned Developments under Section 26-25; (4) Variances or waivers when made a part of one of the foregoing approvals. The applicant shall be responsible for posting the property with the date, time and place of the Planning Commission consideration of the rereferred application, as soon as possible and on forms provided by the Community Development Department which are clearly distinguishable from the original posting. GED\53027\348879.03 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 Severability: Conflicting Ordinances Repealed.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 All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 7 to 3 on this 7Frh day of _T,,,,p , 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 July 10 , 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 R to , this loth day of July 2000. SIGNED by the Mayor on this ATTEST: Wanda Sang, City Cler First Publication: June 30, Second Publication: July Wheat Ridge Transcript Effective Date: July 29, 2000 14, 2000 2000 11th day of July , 2000. e,~ / 4ealwl P, en Cerveny, Mayor Appro s To Form i Gerald E. Dahl, City Attorney GED\53027\348879.03 -2- CITY COUNCIL MINUTES: JULY 10, 2000 Page - 2 - Motion by Mr. Edwards to approve Council Bill 18 (Ordinance 1198); seconded by Mr. DiTullio; carried 8-0. Item 2. Council Bill 19 - an Ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission. Council Bill 19 was introduced on second reading by Mr. Edwards; title read by the Clerk; Ordinance No. 1199 assigned. Motion by Mr. Edwards to approve Council Bill 19 (Ordinance 1199); seconded by Mr. DiTullio; carried 8-0. Item 3. Council Bill 20 - an Ordinance amending Section 26-25 of the Wheat Ridge Code of Laws, concerning similar uses in Planned Development Districts. Council Bill 20 was introduced on second reading by Mr. DiTullio, who also read the title and summary; Ordinance No. 1200 was assigned. Motion by Mr. DiTullio for approval of Council Bill 20 (Ordinance 1200); seconded uy Mr. Edwards; carried 8-0. ORDINANCES ON FIRST READING Item 4. Council Bill 21 - an Ordinance providing for the approval of rezoning from Restricted-Commercial-One to Residential-Two-A for property located at 3767 Harlan Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-00-04) (Edwin S. Gibson) Council Bill 21 was introduced on first reading by Mr. DiTullio, who also read the title. Motion by Mr. DiTullio that Council Bill 21 be approved on first reading, ordered published, public hearing be set for Monday, August 14, 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. OF WHEgT P ° AGENDA ITEM REQUEST FOR COUNCIL ACTION July 10, 2000 _ PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING (Date: ) _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-04, an ordinance amending the Wheat Ridge Code of Laws by adding a section which enables City Council to re-refer certain applications to the Planning Commission for further review and recommendation. SUMMARY AND BACKGROUND: This amendment to the zoning regulations was requested by Council. The amendment enables the Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning, any stage (outline, preliminary, or final) of a planned development, or variance when in connection with any of these applications. At a public hearing on June 1, 2000 Planning Commission recommended approval with two changes: 1) add variances to the list of applications and 2) add a requirement to post the property for the re-referral. These changes have been incorporated into the ordinance. 1. Council Bill No. 19. 2. Planning Commission minutes from June 1, 2000. BUDGETIMPACT: Original budgeted amount: $ 0 Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Budget Account No.: N.A. STAFF RECOMMENDATION: Approval on second reading. ORIGINATED BY: Gerald Dahl STAFF RESPONSIBLE: Gerald Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. 19 on second reading." C:\MyFiles\WPFiles\Projects zoning amendment\=0004cclwpd 86/11;08 14:88:22 RightFAX-> 383 23S 2857 RightFAX Page 082 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Iq Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE AUTHORITY OF THE CITY COUNCIL TO REREFER LAND DEVELOPMENT APPLICATIONS TO THE PLANNING COMMISSIONS. WHEREAS, the Code of Laws does not presently permit the City Council to rerefer land development applications to the Planning Commission for additional review and recommendation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (1), to read: Rereferral to Planning Commission. City Council may, in, its sole discretion, rerefer an application for any of the following approvals to the Planning Commission for additional review and recommendation: (1) Special use permits under Section 26-6(8); (2) Rezoning under Section 26-6(C); Qj Planning Planned Developments under Section 26-25; GED183027\348879.02 86/14/00 14:88:48 RightFAX-> 383 23S 2857 RightFAX Page 883 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. 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 , 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 -,2o00. ATTEST: Gretchen Cerveny, Mayor Wanda Sang, City Clerk Approved As To Form First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Gerald E. Dahl, City Attorney k - OE01730271348879.02 -2- DRAFT It was moved by Commissioner COOPER and seconded by Commissioner DOYLE that the minutes of May 18, 2000 be approved as amended. The motion carried 5-0 with Commissioners COLLINS, GOKEY and MacDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. ZOA-00-04: An ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission. The case was presented by Gerald Dahl. This amendment to the zoning regulations was requested by City Council. The amendment enables the City Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning or any stage (outline, preliminary or final) of a planned development. City staff recommended approval of the ordinance. In reply to questions from Commissioner THOMPSON, Mr. Dahl stated that the re-referral process is simply an option and not mandatory. Commissioner THOMPSON suggested that the applicant be made aware, some time during the process, that this option is available. Mr. Dahl replied that it would not be a general advisement, however if the circumstances warrant it, staff would advise the applicant toward the end of the hearing that this option is available. Commissioner THOMPSON asked if new postings and notices would be required in case of a re-referral. It was Mr. Dahl's opinion that a re-referral would not constitute a new hearing; however, the property would be posted and public comment could be taken at the meeting. Commissioner SNOW suggested that cases for re-referral should include variances that are included as part of another case. Commissioner McNAMEE expressed concern that there should be a time limit placed as to when the case is scheduled to be heard before the Planning Commission. Commissioner SNOW cited Section 2-60(C), page 166, of the code which addresses time limits. Alan White asked for direction in regard to public notices in relation to re-referrals. Mr. Dahl replied that it is not required for a public hearing to be conducted as if it were a new hearing. It would be included as an action item on the agenda with the option of receiving public comment. Commissioner SNOW suggested that the property should be posted. Commissioner GOKEY suggested that posting signs for re-referrals be distinguishable from the Planning Commission Page 2 June 1. 2000 DRAT I original posting signs so that people are aware it is a re-referral process. Commissioner THOMPSON suggested publishing agendas (even if tentative) in the city newsletter. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS. that Case No. ZOA-00-04 be forwarded to City Council with a recommendation for approval with the following changes: 1. Section 26-25(3) be changed to "planned development." 2. An addition of paragraph (4) for the City Attorney to write the appropriate language to include variances when they are a part of the above three applications. 3. Addition of a section to require posting of re-referrals which is to be clearly distinguishable from the original posting. The motion passed 8-0. B. Case No. ZOA-00-05 - An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. This matter was presented by Gerald Dahl. The ordinance was requested by City Council due to an inconsistency in Section 26-6(C)(4) between authority granted the Planning Commission and the authority granted the City Council. The proposed change would not affect the ability of Planning Commission or Council to impose conditions or stipulations for planned developments, conditional use permits or special use permits. Mr. Dahl advised that the actions being deleted are not appropriate when considering a rezoning to a conventional zone district. City staff recommended approval of the ordinance. Commissioner SNOW commented that, until there is a requirement for everything to be under a planned district, the ordinance should not be changed. Mr. Dahl advised that there is case law that says conditional rezoning is actually a PCD in disguise. Commissioner THOMPSON expressed concern about approving commercial-one zones adjacent to residential properties without imposing some sort of restrictions. She suggested that all zoning should be required to be planned and all existing zoning should require a site plan for new construction. Planning Commission June 1, 2000 Page 3 t O. WHEgT AGENDA ITEM REQUEST FOR COUNCIL ACTION June 26, 2000 CSC ORPO PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: ) BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-04, an ordinance amending the Wheat Ridge Code of Laws by adding a section which enables City Council to re-refer certain applications to the Planning Commission for further review and recommendation. SUMMARY AND BACKGROUND: This amendment to the zoning regulations was requested by Council. The amendment enables the Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning, any stage (outline, preliminary, or final) of a planned development, or variance when in connection with any of these applications. At a public hearing on June 1, 2000 Planning Commission recommended approval with two changes: 1) add variances to the list of applications and 2) add a requirement to post the property for the re-referral. These changes have been incorporated into the ordinance. 1. Council Bill No. Draft Planning Commission minutes from June 1, 2000. Original budgeted amount: Actual contracted amount: of expenditure on line item Account No.: STAFF RECOMMENDATION: Approval on first reading and set public hearing for second reading. ORIGINATED BY: STAFF RESPONSIBLE: Gerald Dahl Gerald Dahl, Alan White SUGGESTED MOTION: "I move to approve Council Bill No. on first reading, ordered published, public hearing to be set for July 10, 2000 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved take effect 15 days after final publication." Q\MyFiles\WPFiles\Projecm\zoning amendmenN\zoa0004ce.wpd 06/14180 14:88:22 RightFAX-> 383 235 2857 RightFAX Page 882 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE AUTHORITY OF THE CITY COUNCIL TO REREFER LAND DEVELOPMENT APPLICATIONS TO THE PLANNING COMMISSIONS. WHEREAS, the Code of Laws does not presently permit the City Council to rerefer land development applications to the Planning Commission for additional review and recommendation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (1), to read: (1) Rereferral to Planning Commission. City Council may, in its sole discretion, rerefer an application for any of the following approvals to the Planning Commission for additional review and recommendation: (1) Special use permits under Section 26-6(B); (2) Rezoning under Section 26-6(C); llPlanning Planned Developments under Section 26-25; Variances or walvers when made a part of one of the foregoino approvals. The applicant shall be responsible for posting the property with the date. time and place of the Planning Commiasio Development Department which are clearly distinguishable from the original posting. OE01530271368879.02 86/14/88 14:88:48 RightFAX-> 383 235 2857 RightFAX Page i3R3 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. 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 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. 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 OEM5302M48879.02 .L. DRAFT It was moved by Commissioner COOPER and seconded by Commissioner DOYLE that the minutes of May 18, 2000 be approved as amended. The motion carried 5-0 with Commissioners COLLINS, GOKEY and MacDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. ZOA-00-04: An ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission. The case was presented by Gerald Dahl. This amendment to the zoning regulations was requested by City Council. The amendment enables the City Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning or any stage (outline, preliminary or final) of a planned development. City staff recommended approval of the ordinance. In reply to questions from Commissioner THOMPSON, Mr. Dahl stated that the re-referral process is simply an option and not mandatory. Commissioner THOMPSON suggested that the applicant be made aware, some time during the process, that this option is available. Mr. Dahl replied that it would not be a general advisement, however if the circumstances warrant it, staff would advise the applicant toward the end of the hearing that this option is available. Commissioner THOMPSON asked if new postings and notices would be required in case of a re-referral. It was Mr. Dahl's opinion that a re-referral would not constitute a new hearing; however, the property would be posted and public comment could be taken at the meeting. Commissioner SNOW suggested that cases for re-referral should include variances that are included as part of another case. Commissioner McNAMEE expressed concern that there should be a time limit placed as to when the case is scheduled to be heard before the Planning Commission. Commissioner SNOW cited Section 2-60(C), page 166, of the code which addresses time limits. Alan White asked for direction in regard to public notices in relation to re-referrals. Mr. Dahl replied that it is not required for a public hearing to be conducted as if it were a new hearing. It would be included as an action item on the agenda with the option of receiving public comment. Commissioner SNOW suggested that the property should be posted. Commissioner GOKEY suggested that posting signs for re-referrals be distinguishable from the Planning Commission Page 2 June 1.2000 DRAFT original posting signs so that people are aware it is a re-referral process. Commissioner THOMPSON suggested publishing agendas (even if tentative) in the city newsletter. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. ZOA-00-04 be forwarded to City Council with a recommendation for approval with the following changes: 1. Section 26-25(3) be changed to "planned development." 2. An addition of paragraph (4) for the City Attorney to write the appropriate language to include variances when they are a part of the above three applications. 3. Addition of a section to require posting of re-referrals which is to be clearly distinguishable from the original posting. The motion passed 8-0. B. Case No. ZOA-00-05 - An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. This matter was presented by Gerald Dahl. The ordinance was requested by City Council due to an inconsistency in Section 26-6(C)(4) between authority granted the Planning Commission and the authority granted the City Council. The proposed change would not affect the ability of Planning Commission or Council to impose conditions or stipulations for planned developments, conditional use permits or special use permits. Mr. Dahl advised that the actions being deleted are not appropriate when considering a rezoning to a conventional zone district. City staff recommended approval of the ordinance. Commissioner SNOW commented that, until there is a requirement for everything to be under a planned district, the ordinance should not be changed. Mr. Dahl advised that there is case law that says conditional rezoning is actually a PCD in disguise. Commissioner THOMPSON expressed concern about approving commercial-one zones adjacent to residential properties without imposing some sort of restrictions. She suggested that all zoning should be required to be planned and all existing zoning should require a site plan for new construction. Planning Commission Page 3 June 1, 2000 OF WHEgT City of Wheat Ridge o Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director Qw SUBJECT: Case No. ZOA 00-04 DATE: May 25, 2000 This amendment to the zoning regulations was requested by Council. The amendment enables the Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning, or any stage (outline, preliminary, or final) of a planned development. Staff recommends approval. C:\MyFiles\WPFiles\Pmject \zoning amendment \ZOA0004.wpd OS/21/00 15:18:59 RightFAX-> 383 235 2857 RightFAX Page 882 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE AUTHORITY OF THE CITY COUNCIL TO REREFER LAND DEVELOPMENT APPLICATIONS TO THE PLANNING COMMISSIONS. WHEREAS, the Code of Laws does not presently permit the City Council to re-refer land development applications to the Planning Commission for additional review and recommendation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (1), to read: Re-referral to Planning Commission. City Council may, in its sole discretion, re-refer an application for any of the following approvals to the Planning Commission for additional review and recommendation: (1) Special use permits under Section 26-6(B); (2) Rezoning under Section 26-6(C); (3) Planning Developments under Section 26-25. 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 0E01530271368879.01 05/23/88 15:19:21 RightFAX-> 303 235 2857 RightFM Page 883 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 , 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: 0ED\830271348879.01 _2. z h-oo-oy ° Ad# 52618 Acct# 667455 Co./Name: City of Wheat Ridge THE DENVER POST AFFIDAVIT OF PUBLICATION STATE OF COLORADO (ss.) CITY AND COUNTY OF DENVER I, Sharon Edmond, of said City and County of Denver, of lawful age, being first duly sworn on oath, depose and say: That I am a Classified Manager of THE DENVER POST, a Colorado corporation, that said company is the owner and publisher of the newspaper, THE DENVER POST; that I have personal knowledge of all the facts set forth in this affidavit; that said THE DENVER POST is a daily newspaper within the meaning of Chapter 109, Article I, Sections 1 to 8, inclusive, Colorado Revised Statutes of 1953, and amended thereof, and said newspaper had prior to January 1$ 1936, and has ever since that date, been admitted to the United States mails as second-class matter, under the provisions of the Act of Congress of March 3, 1879, and amendments thereof; that said newspaper is printed and published daily and has its principal office and place of business in said City and County of Denver, and has a general public circulation in said City and County, and throughout the State of Colorado; that said newspaper has been so printed, published and circulated as a public daily newspaper of general circulation uninterruptedly and continuously during the period of more than six (6) months next prior to the first issue thereof containing the annexed legal notice and advertisement. The annexed legal notice and advertisement was published: May 25,,2000 in the regular Editions of said Newspaper, and that, therefore, said legal notice and advertisement were published in a Newspaper duly qualified for that purpose within the meaning of said above mentioned and all other relevant Statutes and Acts of the General Assembly of the State of Colorado. a§sified Manager Signature Subscribed and sworn to before me this 25th day of May A.D. 2000 Witness my hand and notarial seal: Nottaarr P F 2 ~ Notary Public/Comma Sion Expires: May 6, 2003 AFFIX COPY OF LEGAL NOTICE/ADVERTISEMENT HERE: 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 June 1, 2000, at 7:30 p.m. 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 petition shall be heard: A-. Case No. ZOA-00-02: An ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission. Ann Lazzeri, Recording Secretary ATTEST: Wanda Sang, City C To be Published: The Denver Post Date: May 2.6, 2000 s C: MYRe-=A-00-0I.wpd Case No.: OA0004 - Quarter Section Map No.:-~ App: Last Name: qty of Wheat Ridge Related Cases: App: First Name: I Case History: Ordinance amending Code' Owner: Last Name: re: authority of CC to re-refer land development Owner: First Name: pp's to PC... App Address: (1 f d Review Body: PC (,1-00 _ City, State Zip: j App: Phone: APN: Owner Address: 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: r Decision-making Body: t`1 C< Project Address: Approval/Denial Date: Street Name:- City/State, Zip: Reso/Ordinance No.: Case.Disposition: Conditions of Approval: I District: Project Planner: White-- File Location: ctive Date Received: /24/200.0. Notes: I _ ~ - Follow-Up: Pre-App Date: