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HomeMy WebLinkAboutZOA-00-07INTRODUCED BY COUNCIL MEMBER D; Tnt t ; n Council Bill No. 23 Ordinance No. 1202 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6 (D)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TEMPORARY USES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-6(D)(3) of the Wheat Ridge Code of Laws is hereby amended as follows: (3) Temporary permit for uses, buildings and signs: (a) TEMPORARY PERMITS FOR USES, BUILDINGS AND SIGNS MAY BE PERMITTED SUBJECT TO THE FOLLOWING RESTRICTIONS: NO APPLICATION WILL BE ACCEPTED FOR A TEMPORARY USE, BUILDING OR SIGN WHICH HAS PREVIOUSLY BEEN DENIED BY PLANNING COMMISSION OR CITY COUNCIL. 2. THE TEMPORARY USE, BUILDING OR SIGN SHALL BE CONSISTENT WITH THE CHARACTER AND INTENT OF THE ZONE DISTRICT IN WHICH THE USE, BUILDING OR SIGN IS PROPOSED AND SHALL OTHERWISE MEET ALL DEVELOPMENT REGULATIONS FOR THAT ZONE DISTRICT. 3. • THE APPROVAL OF ANY TEMPORARY USE, BUILDING OR SIGN SHALL NOT BE TRANSFERABLE OR ASSIGNABLE TO ANY OTHER LANDOWNER, TENANT, LEASEE, OR OCCUPANT. (b)* One-month temporary permit: The zoning administrator is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: The duration of the building, use or sign shall not exceed one (1)month. 2. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises. The zoning administrator shall determine that the "findings of fact," as set. forth in subsection (3)(d) below are substantially complied with. 4. The zoning administrator has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in subsection (D)(2)(a), and has received no objections. 5. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions stated above are met, the zoning administrator may issue a one-month temporary permit; however, if they are not met, he must deny the permit. The applicant may appeal denial to the board of adjustment. AN APPLICANT MAY REQUEST RENEWAL OF A TEMPORARY PERMIT FOR 30 DAYS. THE ZONING ADMINISTRATOR MAY APPROVE A RENEWAL REQUEST ONLY UPON FINDING THAT THE USE, BUILDING OR SIGN HAS COMPLIED WITH THE FINDINGS OF FACT SET FORTH FOR THE ORIGINAL APPROVAL. UP TO TWO (2) RENEWAL REQUESTS MAY BE REQUESTED BY THE APPLICANT AND APPROVED BY THE ZONING ADMINISTRATOR. (c)(b) One year temporary permit. The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary mess, buildings or signs which mould-not The board may approve a temporary permit for no longer than one (1) year per application. ONLY ONE SUCH PERMIT MAY BE APPROVED PER YEAR FOR A PARTICULAR SITE. NO RENEWALS OF ONE YEAR PERMITS OR NEW PERMITS FOR SUBSTANTIALLY THE SAME BUILDING OR SIGN SHALL BE ALLOWED. 3. IN THE EVENT A CITY PROJECT NECESSITATES THE RELOCATION OF A USE, THE BOARD OF ADJUSTMENT MAY APPROVE SUCH TEMPORARY USE FOR A SPECIFIED TIME PERIOD UPON FINDING THAT A LEGITIMATE PUBLIC PURPOSE IS SERVED BY GRANTING THE TEMPORARY USE, IN ADDITION TO THE FINDINGS OF FACT REQUIRED BELOW FOR 30-DAY TEMPORARY USES. (d) . When hearing and deciding requests for temporary permits, the zoning administrator and board shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary use, building or sign: Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. 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 24 tbday of Tu 1 y , 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 August 14 , 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 14th day of August 2000. SIGNED by the Mayor on this. 15 ti, ATTEST: Wanda Sang, City Cler APPROV TO FORM CITY ATTORNEY (:~L 60~6--4 0 GERALD DAHL, CITY ATTORN)K 1st Publication: July 28, 2000 2nd Publication: August 18, 2000 Wheat Ridge Transcript Effective Date: September 2, 2000 CABwb=\0RD266d3r.wpd CITY COUNCIL MINUTES: August 14, 2000 Page - 2;. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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 second reading by Mr. DiTullio, who read the title and summary. Ordinance No. 1201 was assigned by the Clerk. Applicant Edwin Gibson was sworn in by the Mayor; he stated he intends to build a triplex at 3767 Harlan Street and intends to live in one of the units probably for the rest of his life; he will clean up the lot; has 8 spaces for on-site parking. He plans to build an attractive building and will be very careful who he rents to; he is not aware of anybody in the neighborhood who is opposed to his plan. Alan White was sworn in by the Mayor and presented the staff report. Motion by Mr. DiTullio to approve Council Bill 21 (Ordinance 1201) for the following reasons: 1. The R-2A zoning will provide a land use transition between the commercial development along West 38' Avenue and the small lot single family neighborhood to the south/southeast. 2. There will be substantially less impact to the neighborhood if rezoned to R-2A than if developed commercially with the existing zoning; seconded by Mr. Edwards; carried 8-0. Item 2. Council Bill 23 - An ordinance amending Section 26-6(D)(3) of the Wheat Ridge ~y Code of laws concerning Temporary Uses. (Case No. ZOA-00-07) Council Bill 23 was introduced on second reading by Mr. DiTullio, who read the title and summary. Clerk assigned Ordinance No. 1202. Motion by Mr. DiTullio to approve Council Bill 23 (Ordinance 1202); seconded by Mr. Edwards; carried 8-0. ti REQUEST FOR COUNCIL ACTION AGENDA ITEM _ July 24, 2000 PUBLIC HEARINGS _ BIDS/MOTIONS _ RESOLUTIONS Quasi-Judicial: Yes X No SUBJECT: Case No. ZOA 00-07, an ordinance amending Section 26-6(D)(3) of the Code of Laws concerning temporary uses. SUMMARY AND BACKGROUND: The attached ordinance amending the zoning regulations pertaining to one year temporary uses was requested by Planning Commission. The ordinance eliminates the ability to obtain a one year temporary use permit and prohibits an applicant from seeking a 30-day temporary use permit for a use previously denied by City Council or Planning Commission. At a public hearing on July 6, 2000 Planning Commission recommended approval of this ordinance with the following changes: 1) Leave in the wording "which would not otherwise be permitted in a particular district," for one-month temporary uses in section (b), 2) reorganize section (c) to include three paragraphs and in new paragraph 2 delete the words "per applicant" in the first line and add paragraph 3 which would permit city Council to approve a temporary use if there was a legitimate public purpose as the result of a City or state project. These changes have been made to the ordinance. ATTACHMENTS: 1. Council Bill No. 2. Alan White Memo to Planning Commission 3. Draft Planning Commission minutes from July 6, 2000. Original budgeted amount: $ 0 Actual contracted amount: $ 0 Impact of expenditure on line item: $ 0 Account No.: N.A. STAFF RECOMMENDATION: Approval on first reading, setting a hearing for second reading. ORIGINATED BY: STAFF RESPONSIBLE: X ORDINANCES FOR IST READING (Date: ) ORDINANCES FOR 2ND READING Planning Commission Alan White SUGGESTED MOTION: "I move to approve Council Bill No. on first reading, ordered published, public hearing set for 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." C:\MyFiles\WPFiles\Pmjecls\zonine amendmems\zoa0007cc.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-6 (D)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TEMPORARY USES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-6(D)(3) of the Wheat Ridge Code of Laws is hereby amended as follows: (3) Temporary permit for uses, buildings and signs: (a) TEMPORARY PERMITS FOR USES, BUILDINGS AND SIGNS MAY BE PERMITTED SUBJECT TO THE FOLLOWING RESTRICTIONS: NO APPLICATION WILL BE ACCEPTED FOR A TEMPORARY USE, BUILDING OR SIGN WHICH HAS PREVIOUSLY BEEN DENIED BY PLANNING COMMISSION OR CITY COUNCIL. 2. THE TEMPORARY USE, BUILDING OR SIGN SHALL BE CONSISTENT WITH THE CHARACTER AND INTENT OF THE ZONE DISTRICT IN WHICH THE USE, BUILDING OR SIGN IS PROPOSED AND SHALL OTHERWISE MEET ALL DEVELOPMENT REGULATIONS FOR THAT ZONE DISTRICT. THE APPROVAL OF ANY TEMPORARY USE, BUILDING OR SIGN SHALL NOT BE TRANSFERABLE OR ASSIGNABLE TO ANY OTHER LANDOWNER, TENANT, LEASEE, OR OCCUPANT. (b)(a) One-month temporary permit: The zoning administrator is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: The duration of the building, use or sign shall not exceed one (1) month. 2. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises. 3. The zoning administrator shall determine that the "findings of fact," as set forth in subsection (3)(d) below are substantially complied with. 4. The zoning administrator has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in subsection (D)(2)(a), and has received no objections. 5. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions stated above are met, the zoning administrator may issue a one-month temporary permit; however, if they are not met, he must deny the permit. The applicant may appeal denial to the board of adjustment. AN APPLICANT MAY REQUEST RENEWAL OF A TEMPORARY PERMIT FOR 30 DAYS. THE ZONING ADMINISTRATOR MAY APPROVE A RENEWAL REQUEST ONLY UPON FINDING THAT THE USE, BUILDING OR SIGN HAS COMPLIED WITH THE FINDINGS OF FACT SET FORTH FOR THE ORIGINAL APPROVAL. UP TO TWO (2) RENEWAL REQUESTS MAY BE REQUESTED BY THE APPLICANT AND APPROVED BY THE ZONING ADMINISTRATOR. (c)(b) One year temporary permit. The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary uses buildings or signs whieirwauld no The board may approve a temporary permit for no longer than one (1) year per application. 2. ONLY ONE SUCH PERMIT MAY BE APPROVED PER YEAR FOR A PARTICULAR SITE. NO RENEWALS OF ONE YEAR PERMITS OR NEW PERMITS FOR SUBSTANTIALLY THE SAME BUILDING OR SIGN SHALL BE ALLOWED. 3. IN THE EVENT A CITY PROJECT NECESSITATES THE RELOCATION OF A USE, THE BOARD OF ADJUSTMENT MAY APPROVE SUCH TEMPORARY USE FOR A SPECIFIED TIME PERIOD UPON FINDING THAT A LEGITIMATE PUBLIC PURPOSE IS SERVED BY GRANTING THE TEMPORARY USE, IN ADDITION TO THE FINDINGS OF FACT REQUIRED BELOW FOR 30-DAY TEMPORARY USES. (d) When hearing and deciding requests for temporary permits, the zoning administrator and board shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary use, building or sign: Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. 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 12000. 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 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C AB ub ua\ORD266d3 r.wp d of wr+egr City of Wheat Ridge Po Planning and Development Department m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director ,(v1~ ~ SUBJECT: Case No. ZOA 00-07/Temporary Uses ~~M~ DATE: June 27, 2000 The Planning Commission requested that the Department look at changing the regulations for temporary use permits. The issue was raised because of two recent zoning cases in which rezoning requests were either recommended for denial by Planning Commission (which is a final decision unless appealed) or were denied by City Council. The applicant subsequently applied for a temporary use permit (TUP) and the same use was approved for one year that was previously denied. There are also instances where a TUP has been approved and then approved again for another year, and in one case up to five years. A multiple year use is clearly not the intent of a temporary use permit. Many jurisdictions simply do not allow temporary uses beyond 30 days. Section 26-61)(3)(b) of the Code empowers the Board of Adjustment "to hold a public hearing to decide upon requests for temporary uses, buildings or signs which would not otherwise be permitted in a particular zone district. (Italics added.) The board may approve a temporary permit for no longer than one (1) year per application." There are two concerns raised by the current regulations: 1. The Board of Adjustment can approve a use which is not otherwise permitted in the zone district and approve the use for one year. Why allow a use on a temporary basis that isn't allowed on a permanent basis? Permitting uses not allowed in a zone district with a temporary use permit runs counter to the whole concept of zoning. 2. Although there is a limitation on issuing 30-day temporary permits when one has been issued for the same use within the previous year, no such limitation exists in the one-year regulations. To obtain approval for another year, an applicant can simply submit a new application. This results in "temporary" uses that last for five years. Attached is an ordinance amending Section 26-6(D)(3) of the Code of Laws dealing with these temporary use issues. Three options for code changes were presented to the City Affairs Committee. The recommended option was to amend the section on one-year temporary uses, buildings and signs to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One-year TUP's for only buildings and signs would still be allowed, but no renewals would be allowed and a new permit for substantially the same sign or building would not be allowed. Temporary uses would be allowed only for up to 30 days, with the ability to renew the permit twice for 30 days each. Provisions elsewhere in the Code still allow temporary uses such as Christmas tree lots and vegetable stands for up to 90 days. GAPIanning\REPORTSZOA0007 temp wes.wpd Commissioner SNOW indicated that she voted against the motion because she felt the lot should be divided equally in order to be more suitable for single family homes on both sides. It was moved by Commissioner THOMPSON and seconded by Commissioner DOYLE that the request for a six-foot lot width variance from the 100-foot minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the third criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family developments and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The motion passed 7-0 with Commissioner MACDOUGALL absent. (Vice Chair SNOW declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M.) B. Case No. ZOA-00-07: An ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws relating to Temporary Use Permits Alan White presented this case. He reviewed the staff report. The Planning Commission earlier requested that the Planning Department look into changing the regulations for temporary use permits. Three options for code changes were presented to the City Affairs Committee. Their recommended option was to amend the section on one-year temporary uses, buildings and signs, to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One=year TUP's for only buildings and signs would still be allowed but no nannmg t-ommusion Page 5 July 6, 2000 renewals would be allowed and a new permit for substantially the same sign or building would not be allowed. Temporary uses would be allowed only for up to 30 days with the ability to renew the permit twice for 30 days each. Provisions elsewhere in the Code still allow temporary uses such as Christmas tree lots and vegetable stands for up to 90 days. After review of this recommendation, staff recommended to allow TUP's for a period of 90 days, with no option for renewal, rather than renewing twice at the end of the 30 day periods. It was recommended that the one-year TUP for buildings and signs remain as recommended. In response to a question raised by Commissioner SNOW earlier in the week, Mr. White distributed copies of additional proposed wording relating to city projects which would necessitate the relocation of a use. Commissioner GOKEY suggested changing the wording under 5 (c) to remove the words "per applicant" to allow one permit per site in order to prevent TUP's from being issued time after time on the same property under different applicant's names. Commissioner SNOW questioned whether paragraph (3)(a)1 of the proposed ordinance would cover other uses such as special use permits, rezoning, conditional use permits from being granted after they had been denied by Planning Commission or City Council. Alan White stated that it was his opinion this paragraph would cover conditional use, special use and any land use type case that Planning Commission and City Council have decided. In response to a question from Commissioner SNOW, Alan White stated that if 30-day permits are renewed once or twice, they would still be considered as one permit. It was moved by Commissioner GOKEY and seconded by Commissioner COOPER that the ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws concerning temporary uses be approved as proposed with the following changes: In paragraph (c) that the words "per applicant" be removed to read: "Only one such permit may be approved per year for a particular site." It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY to amend the motion to change paragraph (c) as follows: ONE YEAR TEMPORARY PERMIT: 1. The Board of Adjustment is empowered to hold a public hearing to decide upon requests for temporary uses, buildings or signs. Planning Commission Page 6 July 6, 2000 2. The Board may approve a temporary permit for no longer than one (1) year per application. 3. Only one such permit may be approved per year for a particular site. No renewals of one year permits or new permits for substantially the same building or sign shall be allowed. 4. In the event a City project necessitates the relocation of a use, the Board of Adjustment may conduct a public hearing for the purpose of granting a temporary use for a specified time period upon finding that a legitimate public purpose is served by granting the temporary use, in addition to the findings of fact required below for 30-day temporary uses. The motion passed 7-0 with Commissioner MACDOUGALL absent. A vote was taken on the original motion with the above amendment. It passed 7-0 with commissioner MACDOUGALL absent. C. Case No. ZOA-00-08 - An ordinance amending Section 26-6(F)(4) of the Wheat Ridge Code of Laws concerning noticing for land use cases. Based on discussion at the June 15, 2000 Planning Commission meeting, staff initiated this zoning ordinance amendment which would change the requirement to notify all property owners within a 600-foot radius by certified mail to a requirement to notify all property owners within a 100-foot radius by certified mail and the remainder of property owners within the 600- foot radius to be notified by regular mail. This change would reduce the cost of certified mailings to the applicant as well as reduce the amount of staff time involved in large certified mailings. Commissioner GOKEY commented that he believes the community has asked for more notification and the notification area should not be reduced. Commissioner SNOW expressed concern that all notification boundaries should be the same for neighborhood meetings and public hearings. It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS that the ordinance be approved with the following amendment: That the words "property owners" which appear three times in Section 1 be changed to "owners of property." The motion passed 6-1 with Commissioner THOMPSON voting no. Planning Commission Page 7 July 6, 2000 Commissioner SNOW indicated that she voted against the motion because she felt the lot should be divided equally in order to be more suitable for single family homes on both sides. It was moved by Commissioner THOMPSON and seconded by Commissioner DOYLE that the request for a six-foot lot width variance from the 100-foot minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the third criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family developments and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The motion passed 7-0 with Commissioner MACDOUGALL absent. (Vice Chair SNOW declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 p.m.) B. Case No. ZOA-00-07: An ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws relating to Temporary Use Permits Alan White presented this case. He reviewed the staff report. The Planning Commission earlier requested that the Planning Department look into changing the regulations for temporary use permits. Three options for code changes were presented to the City Affairs Committee. Their recommended option was to amend the section on one-year temporary uses, buildings and signs, to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One-year TUP's for only buildings and signs would still be allowed but no Planning Commission Page 5 July 6, 2000 renewals would be allowed and a new permit for substantially the same sign or building would not be allowed. Temporary uses would be allowed only for up to 30 days with the ability to renew the permit twice for 30 days each. Provisions elsewhere in the Code still allow temporary uses such as Christmas tree lots and vegetable stands for up to 90 days. After review of this recommendation, staff recommended to allow TUP's for a period of 90 days, with no option for renewal, rather than renewing twice at the end of the 30 day periods. It was recommended that the one-year TUP for buildings and signs remain as recommended. In response to a question raised by Commissioner SNOW earlier in the week, Mr. White distributed copies of additional proposed wording relating to city projects which would necessitate the relocation of a use. Commissioner GOKEY suggested changing the wording under 5 (c) to remove the words "per applicant" to allow one permit per site in order to prevent TUP's from being issued time after time on the same property under different applicant's names. Commissioner SNOW questioned whether paragraph (3)(a)1 of the proposed ordinance would cover other uses such as special use permits, rezoning, conditional use permits from being granted after they had been denied by Planning Commission or City Council. Alan White stated that it was his opinion this paragraph would cover conditional use, special use and any land use type case that Planning Commission and City Council have decided. In response to a question from Commissioner SNOW, Alan White stated that if 30-day permits are renewed once or twice, they would still be considered as one permit. It was moved by Commissioner GOKEY and seconded by Commissioner COOPER that the ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws concerning temporary uses be approved as proposed with the following changes: 1. In paragraph (c) that the words "per applicant" be removed to read: "Only one such permit may be approved per year for a particular site." It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY to amend the motion to change paragraph (c) as follows: ONE YEAR TEMPORARY PERMIT: 1. The Board of Adjustment is empowered to hold a public hearing to decide upon requests for temporary uses, buildings or signs. Planning Commission Page 6 July 6, 2000 2. The Board may approve a temporary permit for no longer than one (1) year per application. 3. Only one such permit may be approved per year for a particular site. No renewals of one year permits or new permits for substantially the same building or sign shall be allowed. 4. In the event a City project necessitates the relocation of a use, the Board of Adjustment may conduct a public hearing for the purpose of granting a temporary use for a specified time period upon finding that a legitimate public purpose is served by granting the temporary use, in addition to the findings of fact required below for 30-day temporary uses. The motion on passed 7-0 with Commissioner MACDOUGALL absent. A vote was taken on the original motion with the above amendment. It passed 7-0 with Commissioner MACDOUGALL absent. C. Case No. ZOA-00-08 - An ordinance amending Section 26-6(F)(4) of the Wheat Ridge Code of Laws concerning noticing for land use cases. Based on discussion at the June 15, 2000 Planning Commission meeting, staff initiated this zoning ordinance amendment which would change the requirement to notify all property owners within a 600-foot radius by certified mail to a requirement to notify all property owners within a 100-foot radius by certified mail and the remainder of property owners within the 600- foot radius to be notified by regular mail. This change would reduce the cost of certified mailings to the applicant as well as reduce the amount of staff time involved in large certified mailings. Commissioner GOKEY commented that he believes the community has asked for more notification and the notification area should not be reduced. Commissioner SNOW expressed concern that all notification boundaries should be the same for neighborhood meetings and public hearings. It was moved by Commissioner GOKEY and seconded by Commissioner COLLINS that the ordinance be approved with the following amendment: That the words "property owners" which appear three times in Section 1 be changed to "owners of property." The motion passed 6-1 with Commissioner THOMPSON voting no. Planning Commission Page 7 July 6, 2000 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 6 SUBJECT: Case No. ZOA 00-07/Temporary Uses DATE: June 27, 2000 a The Planning Commission requested that the Department look at changing the regulations for temporary use permits. The issue was raised because of two recent zoning cases in which rezoning requests were either recommended for denial by Planning Commission (which is a final decision unless appealed) or were denied by City Council. The applicant subsequently applied for a temporary use permit (TUP) and the same use was approved for one year that was previously denied. There are also instances where a TUP has been approved and then approved again for another year, and in one case up to five years. A multiple year use is clearly not the intent of a temporary use permit. Many jurisdictions simply do not allow temporary uses beyond 30 days. Section 26-6D(3)(b) of the Code empowers the Board of Adjustment "to hold a public hearing to decide upon requests for temporary uses, buildings or signs which would not otherwise be permitted in a particular zone district. (Italics added.) The board may approve a temporary permit for no longer than one (1) year per application." There are two concerns raised by the current regulations: 1. The Board of Adjustment can approve a use which is not otherwise permitted in the zone district and approve the use for one year. Why allow a use on a temporary basis that isn't allowed on a permanent basis? Permitting uses not allowed in a zone district with a temporary use permit runs counter to the whole concept of zoning. 2. Although there is a limitation on issuing 30-day temporary permits when one has been issued for the same use within the previous year, no such limitation exists in the one-year regulations. To obtain approval for another year, an applicant can simply submit a new application. This results in "temporary" uses that last for five years. Attached is an ordinance amending Section 26-6(D)(3) of the Code of Laws dealing with these temporary use issues. Three options for code changes were presented to the City Affairs Committee. The recommended option was to amend the section on one-year temporary uses, buildings and signs to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One-year TUP's for only buildings and signs would still be allowed, but no renewals would be allowed and a new permit for substantially the same sign or building would not be allowed. Temporary uses would be allowed only for up to 30 days, with the ability to renew the permit twice for 30 days each. Provisions elsewhere in the Code still allow temporary uses such as Christmas tree lots and vegetable stands for up to 90 days. G:\P1anning\REP0RTS\Z0A0007 temp u es.wpd 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 July 6, 2000 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-00-07: An ordinance amending Section 26-6 (D) (3) of the Wheat Ridge Code of Laws relating to Temporary Use Permits. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: June 23, 2000 Wheat Ridge Transcript C:\Bub=\PCRPTS\PLANGCOM\PUBHRG\000706pub.wpd Case No.: - OAOog7 - Quarter Section Map No.: - ! App: Last Name: City of wheat Ridge ~ Related Cases: r-W App: First Name: Case History: mre: TUPs Owner: Last Name: Owner: First Name: App Address: dywide - ' Review Body: FC-7/6/00 City, State Zip: L 7 7 App:Phone: ~ APN: Owner Address: 2nd Review Body: City/State/Zip: 7 2nd Review Date: Owner Phone: Decision-making Body: CC Project Address: - ---Approval/Denial Date: Street Name: I .City/State, Zip: L Reso/Ordinance No.: I i Case Disposition: Conditions of Approval: Project Planner: ite File Location: dive J Notes: Follow-Up~_, - District: Date Received: 617912000 Pre-App Date: City of Wheat Ridge Planning and Development Department Memorandum c,~Se_ TO: City Affairs Committee FROM: Alan White, Planning and Development Director ON SUBJECT: Temporary Uses DATE: April 26, 2000 The Planning Commission requested the Department look at changing the regulations for temporary use permits. This request was discussed with the Council president and Planning Commission chair and it was decided that this issue was one that should be pursued now. The issue was raised because of a couple of recent zoning cases. Rezoning requests were either recommended for,denial by Planning Commission (which is a final decision unless appealed) or were denied by City Council. The applicant subsequently applied for a temporary use permit (TUP) and the same use was approved for one year that was previously denied. We have also had instances where a TUP has been approved and then approved again for another year. We have had one use that was approved every year for five years. A multiple year use is clearly not the intent of a temporary use. Section 26-61)(3)(b) of the Code empowers the Board of Adjustment "to hold a public hearing to decide upon requests for temporary uses, buildings or signs which would not otherwise be permitted in a particular zone district. (Italics added.) The board may approve a temporary permit for no longer than one (1) year per application." The troubling aspect of this provision is the fact that the Board of Adjustment can approve a use which is not permitted in the zone district and approve the use for one year. To obtain approval for another year, a new application can be submitted. Permitting uses not allowed in a zone district with a temporary use permit runs counter to the whole concept of zoning. The TUP regulations need to address the following issues: Whether application for a TUP can be made if a previous land use application for the same or substantially similar use has been denied. There currently is no limitation on the submittal of TUP applications. 2. Whether or not a TUP can be granted or even an application made for the same use year after year. The regulations are not clear whether the same use, but with a different application, can be approved year after year. This needs to be clarified. Whether a TUP should be permitted for any use not otherwise permitted in a zone district. Why allow a use on a temporary basis that isn't allowed on a permanent basis? Options Option 1- At a minimum the regulations should be amended to state that any land use application which has been denied by the appropriate decision-making body is not eligible for application for a temporary use permit. The regulations should be amended to state that a temporary use approval is for one year and that the same or substantially similar use is not eligible for application for a temporary use after the initial approval has expired. Option 2 - In addition to the above, add a provision that the use for which a temporary use `e7 permit is sought must be consistent with the character and intent of the zone ew district in which the parcel of land is located. , tov Option 3 - Amend the section on one-year temporary uses, buildings and signs t delete all references to temporary uses. Temporary uses for up to one year wo ld not be allowed. Temporary uses would be allowed only for up to 30 day Provisions elsewhere in the Code still allow temporary uses such as Christmas tree lots and vegetable stands for up to 90 days. Other than these uses, many jurisdictions simply do not allow temporary uses. OPP. Vpt 71641 , ' ~Ae, vtt wl &OV~ i C:\NyFiles\ W PFiles4N EMOS\rempuses.wpd rKkofi of 2-Ma, ~40[Cf ~ ~ -0 ar, i r 70 d~~r