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HomeMy WebLinkAboutZOA-00-05CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 18 Ordinance No. 1198 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6(C)(4) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNING COMMISSION REVIEW OF REZONING APPLICATIONS. WHEREAS, the Wheat Ridge Code of Laws is presently inconsistent in permitting Planning Commission to recommend conditions on applications for rezoning, but in not permitting the City Council to do so; and WHEREAS, the Code of Laws has recently been amended to permit rezoning to Planned Development for properties of any size. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6(C)(4) of the Code of Laws is hereby amended to read: (4) Planning Commission Review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve,, appfeve with , or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. limitatiens eF speeifi^ desig whieh app4~-- A. recommendation for denial shall be. considered final, unless the applicant files an appeal to city council with the city clerk within ten (10) working days of the planning commission decision. 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 GED\53027\348880.02 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 Severability; Conflicting Ordinances Repealed.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 All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 6 to 2 on this 26th day of June , 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 8 to 0 , this 10th day of July , 2000. SIGNED by the Mayor on this ATTEST: Lu ~ZL Wanda Sang, City Clerk Approved To Form LaZZ --7 Ger Id E. Dahl, City Attorney First Publication: June 30, 2000 Second Publication: July 14, 2000 Wheat Ridge Transcript Effective Date: July 29, 2000 GED\53027\348880.02 11th day of July 2000. CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building July 10. 2000 The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Manager, Valerie Adams; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES OF June 26, 2000 Motion by Mr. DiTullio for the approval of the Minutes of June 26, 2000; seconded by Mr. Siler; carried 8-0. CITIZENS' RIGHT TO SPEAK Cathy Demming, Jim Colburn, Dianne Sekiya, Kurt Diegel, spoke in support of designating Louis Meadows Park as an off-leash, dog exercise area. APPROVAL OF AGENDA Motion by Mr. DiTullio to add Resolution 31-2000 to Consent Agenda 12. D. - Resolution allowing the Clear Creek Arts Festival to post their signs in the City's right=of-way; seconded by Mr. Edwards; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING r - Item 1. Council Bill 18 - An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. Council Bill 18 was introduced on second reading by Mr. Edwards; title read by.the Clerk; Ordinance No. 1198 assigned. 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 by 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. t } of wHEgr a P AGENDA ITEM REQUEST FOR COUNCIL ACTION July 10, 2000 ~~C OR A00 _ PUBLIC HEARINGS _ ORDINANCES FOR IST READING (Date: ) BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-05, an ordinance amending Section 26-6(C)(4) of the Code of Laws. SUMMARY AND BACKGROUND: The attached ordinance amending the zoning regulations was requested by City Council due to an inconsistency in Section 26-6(C)(4) between the authority granted the Planning Commission and the authority granted the City Council when considering rezoning requests. The language proposed for deletion does not appear under the section of City Council Review. The City Attorney has advised that the actions being deleted are not appropriate when considering a rezoning to a conventional (straight) zone district. This change will not affect the ability of Planning Commission or Council to impose conditions or stipulations for planned developments, conditional use permits, or special use permits. At a public hearing on June 1, 2000 Planning Commission took no action on this ordinance and instead suggested that ordinances be created which would require site plan approval for all new construction in all zone districts except R-1 and R-2 and which would require all new rezonings to be planned developments, except single family developments. 1. Council Bill No. 18. Planning Commission minutes from June 1, 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. 18 on second reading." C:\MyFiles\WPFiles\Projeccs\zoning amendmems\zoa0005cclwpd ,/Z3/88 15:22:31 RightFAX-> 383 235 2857 RightFA% Page 882 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6(C)(4) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNING COMMISSION REVIEW OF REZONING APPLICATIONS. WHEREAS, the Wheat Ridge Code of Laws is presently inconsistent in permitting Planning Commission to recommend conditions on applications for rezoning, but in not permitting the City Council to do so; and WHEREAS, the Code of Laws has recently been amended to permit rezoning to Planned Development for properties of any size. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26.6(C)(4) of the Code of Laws is hereby amended to read: (4) Planning Commission Review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with GeAditiGns, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. ';YA4 184i SAS in wkiek apply.- A recommendation for denial shall be considered final, unless the applicant files an appeal to city council with the city clerk within ten (10) working days of the planning commission decision. 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 OEO'30271348880.01 M/L3/88 1S:ZZ:S4 hightFAY-> 383 23S ZBS7 RightFHY Page 883 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. 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: oeD\53027u48ee0.01 X -2- 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 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that no action be taken on the proposed ordinance at this time and that the city attorney draft a new ordinance which would require site plans for development in all existing zoning (other than R-1 and R-2) and that all new rezoning requests will be, in the future, required to be planned development districts. The motion passed 7-1 with Commissioner GOKEY voting opposed. C. Case No. ZOA-00-06: An ordinance amending Section 26-2 5 of the Wheat Ridge Code of Laws concerning similar uses in Planned Development Districts. This matter was presented by Alan White. The subject ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. The ordinance was requested by City Council and has also been reviewed by the City Affairs Committee. City staff recommended approval of the ordinance. Commissioner THOMPSON asked if an allowed similar use would go with the property. Alan White replied that he interprets it as being specifically for that particular PCD. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. ZOA-00-06 be recommended to the City Council for approval with the addition of (3) under "Similar Uses" to provide that the determination of a similar use will be recorded in the same manner in which the original planned development district was recorded; and.that the word "protest" be changed to "objection" in the first line of (C)(2)(c). The motion passed 8-0. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS There was no new business to come before the Commission Planning Commission Page 4 June 1, 2000 Of VVHEgT ~ P AGENDA ITEM REQUEST FOR COUNCIL ACTION June 26, 2000 ~~L OR POO _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: ) BIDSIMOTIONS _ ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-05, an ordinance amending Section 26-6(C)(4) of the Code of Laws. SUMMARY AND BACKGROUND: The attached ordinance amending the zoning regulations was requested by City Council due to an inconsistency in Section 26-6(C)(4) between the authority granted the Planning Commission and the authority granted the City Council when considering rezoning requests. The language proposed for deletion does not appear under the section of City Council Review. The City Attorney has advised that the actions being deleted are not appropriate when considering a rezoning to a conventional (straight) zone district. This change will not affect the ability of Planning Commission or Council to impose conditions or stipulations for planned developments, conditional use permits, or special use permits. At a public hearing on June 1, 2000 Planning Commission took no action on this ordinance and instead suggested that ordinances be created which would require site plan approval for all new construction in all zone districts except R-1 and R-2 and which would require all new rezorimp to be planned developments, except single family developments. 1. Council Bill No. Draft Planning Commission minutes from June 1, 2000. BUDGETIMPACT: Original budgeted amount: $ Actual contracted amount: $ Impact of expenditure on line item: $ Account No.: STAFF RECOMMENDATION: Approval on first reading, setting a hearing for second reading. ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTION: C:MyFiles\wPFilesTrojecm\zoning amendmenus oa0005mwpd Gerald Dahl Gerald Dahl, Alan White "I move to approve Council Bill No. on first reading, ordered published, public hearing set for July 10, 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." 8S/23/88 15:22:31 RightFAX-> 383 235 2857 RightFAX Page 082 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6(C)(4) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNING COMMISSION REVIEW OF REZONING APPLICATIONS. WHEREAS, the Wheat Ridge Code of Laws is presently inconsistent in permitting Planning Commission to recommend conditions on applications for rezoning, but in not permitting the City Council to do so; and WHEREAS, the Code of Laws has recently been amended to permit rezoning to Planned Development for properties of any size. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6(C)(4) of the Code of Laws is hereby amended to read: (4) Planning Commission Review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, apfDFGV9 with , or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. stipulations which may inelude site plan Feview, use h°- A recommendation for denial shall be considered final, unless the applicant files an appeal to city council with the city clerk within ten (10) working days of the planning commission decision. 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 OEO153027W8880.01 85/23/80 15:22:54 RightFAX-> 383 23S 2857 RightFAX Page 083 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 OEM53027348880.01 _2_ 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 It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that no action be taken on the proposed ordinance at this time and that the city attorney draft a new ordinance which would require site plans for development in all existing zoning (other than R-1 and R-2) and that all new rezoning requests will be, in the future, required to be planned development districts. The motion passed 7-1 with Commissioner GOKEY voting opposed. C. Case No. ZOA-00-06: An ordinance amending Section 26-25 of the Wheat Ridge Code of Laws concerning similar uses in Planned Development Districts. This matter was presented by Alan White. The subject ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. The ordinance was requested by City Council and has also been reviewed by the City Affairs Committee. City staff recommended approval of the ordinance. Commissioner THOMPSON asked if an allowed similar use would go with the property. Alan White replied that he interprets it as being specifically for that particular PCD. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. ZOA-00-06 be recommended to the City Council for approval with the addition of (3) under "Similar Uses" to provide that the determination of a similar use will be recorded in the same manner in which the original planned development district was recorded; and that the word "protest" be changed to "objection" in the first line of (C)(2)(c). The motion passed 8-0. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS There was no new business to come before the Commission Planning Commission Page 4 June 1, 2000 OF WHEAT City of Wheat Ridge Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director Off' SUBJECT: Case No. ZOA 00-05 DATE: May 25, 2000 The attached ordinance amending the zoning regulations was requested by City Council due to an inconsistency in Section 26-6(C)(4) between the authority granted the Planning Commission and the authority granted the City Council. The language proposed for deletion does not appear under the section of City Council Review. The City Attorney has advised that the actions being deleted are not appropriate when considering a rezoning to a conventional (straight) zone district. This change will not affect the ability of Planning Commission or Council to impose conditions or stipulations for planned developments, conditional use permits, or special use permits. Staff recommends approval. C:\MyFiles\WPFiles\ProjecU\zoning amendments\Z0A0005.wpd dS/23/88 15:22:31 RightFAX-> 393 235 Z957 RightFAX Page 992 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6(C)(4) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNING COMMISSION REVIEW OF REZONING APPLICATIONS. WHEREAS, the Wheat Ridge Code of Laws is presently inconsistent in permitting Planning Commission to recommend conditions on applications for rezoning, but in not permitting the City Council to do so; and WHEREAS, the Code of Laws has recently been amended to permit rezoning to Planned Development for properties of any size. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-6(C)(4) of the Code of Laws is hereby amended to read: (4) Planning Commission Review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. iddition to StaAdard development and use r4agulmions which apply. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council with the city clerk within ten (10) working days of the planning commission decision. 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 OED~53027WSSS0.01 rZ/23/88 1S:22:S4 RightFAX-> 383 235 2857 RightFAX Page 883 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. 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: GED1 30271343330.01 .2. Zo.4 o a' ••Ad# 52606 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 reley_ant Statutes and Acts of the General Assembly of the State of Colorado. (Classified Manager Signature) Subscribed and sworn to before me this 25th day of May A.D. 2000 Witness my hand and notarial seal: Notary Public/Commi 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: S Case No. ZOA-00-09: An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. Ann Lazzeri, Recording Secretary ATTEST: Wanda Sang, City Cler To be Published: The Denver Post Date: May 2,6, 2000 S CAMyFi1-s\Z0A-00-02mpd Case No.: OA0005 j Quarter Section Map No.: ! App: Last Name: City of Wheat Ridge Related Cases: App: First Name: Case History: Ordinance amending Sect. r 6-6(C)(4) of Code re: PC Owner: Last Name: review of rezoning app's... Owner: First Name: App Address: Review Body: GC' - to--l- 00 - City, State Zip: App: Phone: I APN: Owner Address: 2nd Review Body: r City/State/Zip: 2nd Review Date: - Owner Phone: Decision-making Body: CC t Add P ~ ress: rojec - ~ Approval/Denial Date: Street Name: i - City/State, Zip: Reso/Ordinance No.: Case Disposition: I Conditions of Approval: Project Planner: hite - File Location: dive Notes: Follow-Up: r---~~ District: Date Received: 05124100 i Pre-App Date: .