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HomeMy WebLinkAboutZOA-00-06INTRODUCED BY COUNCIL MEMBER n; T„ 11; Council Bill No. 20 Ordinance No. 1200 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26-25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, ftbe consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, f=*s, gas;:noise;°radiation,-heat, glare, vibration, traffic gene tion, parldnk ngods,, oor storage-or pse, and u ro (d) not be hazardous to, the, health and safety of stii;ioundi arras,- .1 1 through danger of fiie, 0% explosion. (2) Similar Use Determination Process. Any use which is riot specifida"lly" listed as a permitted use in a:planned development district is allowed only under the following, procedure; (a) The zoning administrator shall notify adjacent property.owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of this ordinance. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. (c) If a written protest objection is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26-6 (17)(1). (3) Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 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 11 ATTEST: emu Wanda Sang, City Clerk APPRO S TO FO CITY ATTORNEY - 4~~ -e~X~Vxlvl a - GE D DAHL, CITY ATTORNEY 1st Publication: June 30, 2000 2nd Publication: July 14, 2000 Wheat Ridge Transcript Effective Date: July 29, 2000 EAPlanning\PORMS~similw wes.wpd 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. .~WHE9 T ~ P 0 v m C~~ OR A00 AGENDA ITEM REQUEST FOR COUNCIL ACTION noo _ PUBLIC HEARINGS - ORDINANCES FOR 1ST READING (Date: ) _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-06, an ordinance amending Section 26-25 of the Code of Laws. SUMMARY AND BACKGROUND: The attached ordinance amending the zoning regulations was requested by City Council to add similar use regulations for planned developments. The ordinance further defines similar uses and creates a process for similar use review and approval in planned developments. The ordinance does not affect the similar use language in the straight zone districts. At a public hearing on June 1, 2000 Planning Commission recommended approval of this ordinance with one two changes: 1) change word "protest" to "objection" in section (C)(2)(c) and 2) add a requirement to record the approved similar use. These changes have been made to the ordinance. On first reading Council adopted an amendment to include a copy of the ordinance with the mailed notification letters. This change has been made to the ordinance. 1. Council Bill No. 20. 2. Alan White Memo to Planning Commission 3. Planning Commission minutes from June 1, 2000. 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: Alan White STAFF RESPONSIBLE: Alan White SUGGESTED MOTION: "I move to approve Council Bill No. 20 on second reading." CAMyFi1es\WPFi1cs\Pmjecm~ oning amendment \zoa0006cc2.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. 20 Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26-25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, (b) be consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. (2) Similar Use Determination Process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: (a) The zoning administrator shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use and a copy of this ordinance. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. (c) If a written pretest objection is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26-6 (F)(1). (3) Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 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 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 BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GAPlanning\FORMS\sin lar=s.wpd WHEq City of Wheat Ridge o Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director dw SUBJECT: Case No. ZOA 00-06 DATE: May 25, 2000 The attached ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. It was requested by Council and has been reviewed by the City Affairs Committee. The direction given by the City Affairs Committee was to not modify the existing language for similar uses for straight zone districts. Currently in each zone district at the end of the list of permitted uses is one of the following statements: 1. Other similar uses or structures as approved by the zoning administrator or board of adjustment and when in conformance with standards and requirements set forth for similar uses. (Appears in all residential zone districts and both agricultural zone districts.) 2. Any similar use which, in the opinion of the zoning administrator or, upon appeal of his decision, of the board of adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (Appears in all commercial zone districts.) The Committee recommended modifying the regulations for planned developments and to develop a process similar to an administrative variance to decide if a similar use is permitted. The attached ordinance adds a new subsection C to the Use and Development Regulations section (Section IV) of the planned development regulations. They would be inserted on page 1758 before Section V. The new subsection expands on the current definition found in the commercial zone districts by requiring the use to be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation in addition to the nuisance impacts described in #2 above. The similar use determination process that is proposed is: 1. Post the property and mail letters to adjacent property owners stating that a similar use determination is requested, and stating what the use proposed is. 2. If no written objection to the use is received, the zoning administrator compares the use against the definition and makes a determination if it is allowed. 3. If a written objection to the use is received or if the zoning administrator determines the use is not allowed and the applicant appeals this decision, the matter is taken to the Board of Adjustment at a public hearing for a determination. The Board's decision is final, unless it is appealed in court. Staff recommends approval. C:\MyFiles\WPFiles\Pmject \zoning a mendmenls\ZOA0006.wpd 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 F wHe,y r o Pm AGENDA ITEM REQUEST FOR COUNCIL ACTION June 26, 2000 PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date: ) _ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 00-06, an ordinance amending Section 26-25 of the Code of Laws. SUMMARY AND BACKGROUND: The attached ordinance amending the zoning regulations was requested by City Council to add similar use regulations for planned developments. The ordinance further defines similar uses and creates a process for similar use review and approval in planned developments. The ordinance does not affect the similar use language in the straight zone districts. At a public hearing on June 1, 2000 Planning Commission recommended approval of this ordinance with one two changes: 1) change word "protest" to "objection" in section (C)(2)(c) and 2) add a requirement to record the approved similar use. These changes have been made to the ordinance. 1. Council Bill No. Alan White Memo to Planning Commission 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, setting a hearing for second reading. ORIGINATED BY: Alan White STAFF RESPONSIBLE: Alan White SUGGESTED MOTION: "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." C\MyFiles\WPFiles\Projeces\zoning amendments zoa0006cc.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the city. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26-25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, (b) be consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. (2) Similar Use Determination Process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: (a) The zoning administrator shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. (c) If a written pretest objection is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26-6 (17)(1). (3) Recordation. If approved, the similar use shall be recorded on the final development plan in the same manner as the original final development plan was recorded. 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. 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 BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: G:\Planning\FORMS\sintilar u es.wpd wr+Ea . City of Wheat Ridge P Planning and Development Department of Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director aw SUBJECT: Case No. ZOA 00-06 DATE: May 25, 2000 The attached ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. It was requested by Council and has been reviewed by the City Affairs Committee. The direction given by the City Affairs Committee was to not modify the existing language for similar uses for straight zone districts. Currently in each zone district at the end of the list of permitted uses is one of the following statements: 1. Other similar uses or structures as approved by the zoning administrator or board of adjustment and when in conformance with standards and requirements set forth for similar uses. (Appears in all residential zone districts and both agricultural zone districts.) 2. Any similar use which, in the opinion of the zoning administrator or, upon appeal of his decision, of the board of adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (Appears in all commercial zone districts.) The Committee recommended modifying the regulations for planned developments and to develop a process similar to an administrative variance to decide if a similar use is permitted. The attached ordinance adds a new subsection C to the Use and Development Regulations section (Section IV) of the planned development regulations. They would be inserted on page 1758 before Section V. The new subsection expands on the current definition found in the commercial zone districts by requiring the use to be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation in addition to the nuisance impacts described in k2 above. The similar use determination process that is proposed is: 1. Post the property and mail letters to adjacent property owners stating that a similar use determination is requested, and stating what the use proposed is. 2. If no written objection to the use is received, the zoning administrator compares the use against the definition and makes a determination if it is allowed. 3. If a written objection to the use is received or if the zoning administrator determines the use is not allowed and the applicant appeals this decision, the matter is taken to the Board of Adjustment at a public hearing for a determination. The Board's decision is final, unless it is appealed in court. Staff recommends approval. C:\MyFiles\WPFiles\Pmjecte\zoning a mendmems\ZOA0006.wpd RAFT 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 Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 4W SUBJECT: Case No. ZOA 00-06 DATE: May 25, 2000 The attached ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. It was requested by Council and has been reviewed by the City Affairs Committee. The direction given by the City Affairs Committee was to not modify the existing language for similar uses for straight zone districts. Currently in each zone district at the end of the list of permitted uses is one of the following statements: 1. Other similar uses or structures as approved by the zoning administrator or board of adjustment and when in conformance with standards and requirements set forth for similar uses. (Appears in all residential zone districts and both agricultural zone districts.) 2. Any similar use which, in the opinion of the zoning administrator or, upon appeal of his decision, of the board of adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (Appears in all commercial zone districts.) The Committee recommended modifying the regulations for planned developments and to develop a process similar to an administrative variance to decide if a similar use is permitted. The attached ordinance adds a new subsection C to the Use and Development Regulations section (Section IV) of the planned development regulations. They would be inserted on page 1758 before Section V. The new subsection expands on the current definition found in the commercial zone districts by requiring the use to be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation in addition to the nuisance impacts described in #2 above. The similar use determination process that is proposed is: 1. Post the property and mail letters to adjacent property owners stating that a similar use determination is requested, and stating what the use proposed is. 2. If no written objection to the use is received, the zoning administrator compares the use against the definition and makes a determination if it is allowed. 3. If a written objection to the use is received or if the zoning administrator determines the use is not allowed and the applicant appeals this decision, the matter is taken to the Board of Adjustment at a public hearing for a determination. The Board's decision is final, unless it is appealed in court. Staff recommends approval. C:WyFiles\WPFiles\Projects\zoning amendments\ZOA0006.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-25 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SIMILAR USES IN PLANNED DEVELOPMENT DISTRICTS. WHEREAS, the Wheat Ridge Code of Laws is currently does not contain provisions or a process for determining allowable similar uses in planned development zone districts; and WHEREAS, the Wheat Ridge City Council desires to create a process for determining which similar uses shall be allowed in any planned development zone district within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-25 (IV) of the Code of Laws is hereby amended with the addition of the following new Section 26-25 (IV) (C): (C) Similar Uses: (1) Definition. A similar use is a use which would be similar in size, type of operation, services provided or equipment used, number of employees, and hours of operation and which would: (a) be compatible in character and impact with permitted uses in the planned development, (b) be consistent with the intent of the planned development, (c) not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, and (d) not be hazardous to the health and safety of surrounding areas through danger of fire or explosion. (2) Similar Use Determination Process. Any use which is not specifically listed as a permitted use in a planned development district is allowed only under the following procedure: (a) The zoning administrator shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a similar use is requested for the property. The notice and posting shall contain a description of the proposed similar use. (b) If no written objection to the proposed similar use is received and the zoning administrator finds that the proposed similar use meets the definition of similar use contained in Section (C)(1) above, the zoning administrator is authorized to approve the similar use. (c) If a written protest is received or if the zoning administrator finds that the definition of similar use does not apply, the zoning administrator shall forward the determination request to the Board of Adjustment at a public hearing. Notice of said hearing shall be as provided in Section 26-6 (F)(1). 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. 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 BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GAP1anning\F0RMS\simi1ar mes.wpd ~0pq--0o-o 0 °OAd# 17723 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 for that purpose within the meaning of said above mentioned relevant Statutes and Acts of the General Assembly of the St ~3 (Classified Manager Signatur Subscribed and sworn to before me this 25th day of May A.D Witness my hand and notarial seal: Notary Public/Co iss`ion Expires: May 6, 2003 AFFIX COPY OF LEGAL NOTICE/ADVERTISEMENT HERE: duly qualified and all other ate of Colorado. 2000 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: G Case No. ZOA-00-0E: An ordinance amending Section 26-25 of the Wheat Ridge Code of Laws concerning similar uses in Planned Development Districts. Ann Lazzeri, Recording ecretary ATTEST: G,a4 Wanda Sang, City erk To be Published: The Denver Post Date: May 2,9, 2000 5 CAMyFi1&Z0A-00-03 mpd Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: QA0006 Quarter Section Map No City of Wheat Ridge___ Related Cases: r ! Case History: rdinance amending Sect. 6-25 of Code re: similar uses in Planned d Development Districts C,ry W~~O Review Body: o (1-1-00 APN: 2nd Review Body: 2nd Review Date: - _ Decision-making Body: e e Approval/Denial Date: I Reso/Ordinance No.: ~ hite ctive Conditions of Approval: i District: Date Received: 5/24/2000. Pre-App Date: