HomeMy WebLinkAboutZOA-03-02INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 11-2003
Ordinance No. , gas
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL
DESIGN OVERLAY DISTRICT (ADO) OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Architectural
Design Overlay Districts, and
WHEREAS, properties located within the Architectural Design Overlay District are
required to meet the standards with new construction, and
WHEREAS, there is concern that strict application of the regulations may discourage
redevelopment, improvement or expansion of existing businesses in the city: and
WHEREAS, the Board of Ad_lushnent is currently the body specified for approving
waivers of the requirements, and
WHEREAS, the Community Development Director, Planning Commission and CnN
Council are more appropriate reviewing bodies,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Paragraph 2, Section E. Exemptions of Section 26-223 of the Wheat Ridge
Code of Laws is hereby amended as follows
2 Where review of the requirements of the architectural or streetscape
standards is part of an administrative review process, the Community Development
Director " Beard of Es en may grant waivers to or variances from the requirements of
this section.
Where a waiver to the architectural or streetscape standards is made a part of
another process such as approval of a zone change or final development plan review which
requires a public hearing before the Planning Commission and/or City Council, then the
Planning Commission and/or City Council shall be empowered to decide upon such waiver
or variance concurrent with the other process.
Section 2. Safety Clause. The City of Wheat Ridge 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 rations
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, requirements 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 ill
existence as of the date of adoption of this Ordinance. the provisions, requirements and standards
here shall supersede and prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED oil first reading by a vote of 8 to
0 an this 10th day of march , 2003, ordered published in full ma newspaper
of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for April 28 . 2003, at 7.00 o'clock p.m., in the Council
Chambers, 7500 West 29" Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
rote Of. 8 to 0 . this 28th day of April 2003
SIGNED by the Mayor on this 29th day of, -.April 2003
ATTEST / \JI ~
Wanda Sang, City Clerk'
( APPROVED AS TO
FORM BY CITY ATTORNEY
GLRAL DANL. CITY ATTORNEY
lsI publication March 13, 2003
2nd publication May 1, 2003
Wheat Ridge Transcript
Effective Date, May 16, 2003
CITY COUNCIL MINUTES April 28, 2003 Page -4-
Motion by Mr Schneider to approve Council Bill 10-2003 (Ordinance 1284) on second
reading as in the packet; seconded by Mr DiTullio
Motion by Ms Figlus for an amendment to add in Section E Screening is not required
for dumpsters that are used by the community exclusively for the purpose of
recycling, seconded by Mr Hanley; carried 6-2 with Mr Schneider and Mr Mancinelli
voting no
Original Motion as amended carried 8-0
Item 3. Council Bill 11-2003-An Ordinance amending Section 26-223
Architectural Design Overlay District (ADO) of the Code of Laws of the
City of Wheat Ridge
(Case No ZOA-03-02)
Council Bill 11-2003 was introduced on second reading by Mr DiTullio, Clerk read the
attached Memo from Meredith Reckert and assigned Ordinance No 1285
Meredith Reckert presented the staff report.
Motion by Mr DiTullio to approve Council Bill 11-2003 (Ordinance 1285) on second
reading and it take effect 15 days after final publication, seconded by Mr Edwards,
carried 8-0
Item 4 Council Bill 12-2003 -An Ordinance amending Section 26-115
Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge
Code of Laws
(Case No ZOA-03-03)
Council Bill 12-2003 was introduced on second reading by Mr Gokey, who also read
the title, Clerk assigned Ordinance No 1286 and read the executive summary
Meredith Reckert presented the staff report.
Motion by Mr Gokey to approve Council Bill 12-2003 (Ordinance No 1286) on second
reading, seconded by Mr Schneider; carried 8-0
ORDINANCES ON FIRST READING
Item 5. Council Bill 14-2003 - An Ordinance providing for the approval of rezoning
from Agricultural-One to Planned Industrial Development and approval of
an Outline Development Plan for property located at 5130 Parfet Street,
City of Wheat Ridge
(Case No WZ-02-12) (Dave Hoss)
Council Bill 14-2003 was introduced on first reading by Mr Hanley who also read the
title
of w„Eqr ITEM NO:
V o oRpoo m REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: April 28, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223
ARCHITECTURAL DESIGN OVERLAY DISTRICT OF
THE WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-03-
02)
® PUBLIC HEARING F~ ORDINANCES FOR 1ST READING (Date: 3/10/03)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
F] RESOLUTIONS
Quasi-Judicial: ❑ M
Yes No
Community Development Director City Manager
EXECUTIVE SUMMARY:
The proposed changes to Section 26-223 of the Wheat Ridge Code of Laws pertain to the application
of the Architectural Design Guidelines and the appropriate review bodies for granting waivers and
variances. The current review body for waivers and variances to the Architectural Design Guidelines
is the Board of Adjustment. The proposed ordinance proposes the review body be staff in an
administrative review process or Planning Commission and City Council as part of a concurrent land
use case being processed.
The Streetscape and Architectural Design Manual and existing legislation in the zoning code were
adopted in February of 2001.
Planning Commission recommended approval at their meeting on February 20, 2003.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission reviewed this case at a public hearing held on February 20, 2003. A
recommendation of approval was made for the following reasons:
1. Staff and Planning Commission and City Council are more appropriate review bodies
than Board of Adjustment.
It will expedite the review process by eliminating another necessary public hearing.
STATEMENT OF THE ISSUES:
The Community Development staff has initiated a proposed amendment to Section 26-223 of the
Wheat Ridge Code of Laws. Section 26-223 relates to the application of the Architectural Design
Guidelines for properties located within the Streetscape and Architectural Design Overlay district.
Included within the ADO District are all properties with NC, RC, C-1, C-2, I and PD zonings. The
intent of the ADO District is to require supplemental design and architectural standards for these
properties when being developed.
The existing legislation allows the Board of Adjustment to grant waivers from the requirements of the
manual. Staff believes it more appropriate to have either the planning staff grant waivers as part of
the administrative review process (building permit process); or have Planning Commission and City
Council grant waivers or variances as part of a concurrent land use case being processed. Staff has
concluded that another required hearing by the Board of Adjustment for these types of waivers will
lengthen the review process and may discourage new development or redevelopment.
On the attached council bill, new language is shown in bold type and existing language being deleted
is shown with strike-throughs.
ALTERNATIVES
N/A
FINANCIAL IMPACT:
There will be no financial impact as a result of the new legislation.
MOTION:
"I move to approve Council Bill No. 11-2003, Case No. ZOA-03-02, an Ordinance amending Section
26-223 Architectural Design Overlay District of the Wheat Ridge Code of Laws, on second reading."
or,
"I move to table indefinitely Council Bill No. 11-2003, Case No. ZOA-03-02, an Ordinance amending
Section 26-223 Architectural Design Overlay District of the Wheat Ridge Code of Laws on second
reading with the following findings:
1.
2."
Initiated by: Community Development Department
Report Prepared by: Meredith Reckert (303) 235-2848
Reviewed by: Alan White (303) 235-2844
Attachments:
1. Planning Commission report
2. Council Bill 11-2003
cc:
CouncilActionfo m
City of Wheat Ridge of ""EqT P
°
Planning and Development Department = °
U !'1
Memorandum Cp~ORP~O
TO: Planning Commission
FROM: Meredith Reckert
SUBJECT: Case No. ZOA-03-02
DATE: February 13, 2003
The Community Development staff has initiated a proposed amendment to Section 26-223 of the
Wheat Ridge Code of Laws. Section 26-223 relates to the application of the Architectural Design
Guidelines for properties located within the Streetscape and Architectural Design Overlay district.
Included within the ADO District are all properties with NC, RC, C-1, C-2, I and PD districts. The
intent of the ADO District is to require supplemental design and architectural standards for these
properties when being developed.
The existing legislation allows the Board of Adjustment to grant waivers from the requirements of
the manual. Staff believes it more appropriate to have either the planning staff grant waivers as part
of the administrative review process (building permit process); or have Planning Commission and
City Council grant waivers or variances as part of a concurrent land use case being processed. Staff
has concluded that another required hearing by the Board of Adjustment for these types of waivers
will lengthen the review process and may discourage new development or redevelopment.
Attached is staff's recommended language incorporated into ordinance form. As typical, new
language is shown in bold and deleted language is show with strike throughs.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-02, a proposed amendment to
Section 26-223. Architectural Design Overlay District of the Wheat Ridge Code of Laws, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons:
1. Staff and Planning Commission and City Council are more appropriate review bodies
than the Board of Adjustment.
2. It will expedite the review process by eliminating another necessary public hearing."
ATTACHMENT I
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL
DESIGN OVERLAY DISTRICT (ADO) OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Architectural
Design Overlay Districts; and
WHEREAS, properties located within the Architectural Design Overlay District are
required to meet the standards with new construction; and
WHEREAS, there is concern that strict application of the regulations may discourage
redevelopment, improvement or expansion of existing businesses in the city; and
WHEREAS, the Board of Adjustment is currently the body specified for approving
waivers of the requirements, and
WHEREAS, the Community Development Director, Planning Commission and City
Council are more appropriate reviewing bodies;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Paragraph 2, Section E. Exemptions. of Section 26-223 of the Wheat Ridge
Code of Laws is hereby amended as follows:
2. Where review of the requirements of the architectural or streetscape
standards is part of an administrative review process, the Community Development
Director 44e Beard ef Adjustme may grant waivers to or variances from the requirements of
this section.
Where a waiver to the architectural or streetscape standards is made a part of
another process such as approval of a zone change or final development plan review which
requires a public hearing before the Planning Commission and/or City Council, then the
Planning Commission and/or City Council shall be empowered to decide upon such waiver
or variance concurrent with the other process.
Section 2. Safety Clause. The City of Wheat Ridge 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
ATTACH ENT 2
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 rations
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, requirements 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
here 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 to
in this day of 2003, 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 , 2003, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 2003.
SIGNED by the Mayor on this day of 2003.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1sT publication:
2„ d publication:
Wheat Ridge Transcript
Effective Date:
of W Egr ITEM NO:
a
V o oRPOa m REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: March 10, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL DESIGN
OVERLAY DISTRICT OF THE WHEAT RIDGE CODE OF LAWS (CASE NO.
ZOA-03-02)
PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: March 10, 2003)
BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director City Manager
EXECUTIVE SUMMARY:
The proposed changes to Section 26-223 of the Wheat Ridge Code of Laws pertain to the application
of the Architectural Design Guidelines and the appropriate review bodies for granting waivers and
variances. The current review body for waivers and variances to the Architectural Design Guidelines
is the Board of Adjustment. The proposed ordinance proposes the review body be staff in an
administrative review process or Planning Commission and City Council as part of a concurrent land
use case being processed.
The Streetscape and Architectural Design Manual and existing legislation in the zoning code were
adopted in February of 2001.
Planning Commission recommended approval at their meeting on February 20, 2003.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission reviewed this case at a public hearing held on February 20, 2003. A
recommendation of approval was made for the following reasons:
1. Staff and Planning Commission and City Council are more appropriate review bodies than
Board of Adjustment.
2. It will expedite the review process by eliminating another necessary public hearing.
STATEMENT OF THE ISSUES:
The Community Development staff has initiated a proposed amendment to Section 26-223 of the
Wheat Ridge Code of Laws. Section 26-223 relates to the application of the Architectural Design
Guidelines for properties located within the Streetscape and Architectural Design Overlay district.
Included within the ADO District are all properties with NC, RC, C-1, C-2, I and PD zonings. The
intent of the ADO District is to require supplemental design and architectural standards for these
properties when being developed.
The existing legislation allows the Board of Adjustment to grant waivers from the requirements of the
manual. Staff believes it more appropriate to have either the planning staff grant waivers as part of
the administrative review process (building permit process); or have Planning Commission and City
Council grant waivers or variances as part of a concurrent land use case being processed. Staff has
concluded that another required hearing by the Board of Adjustment for these types of waivers will
lengthen the review process and may discourage new development or redevelopment. .
On the attached council bill, new language is shown in bold type and existing language being deleted
is shown with strike gi~reughs.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
There will be no financial impact as a result of the new legislation.
RECOMMENDED MOTION:
"I move to approve Council Bill No. , Case No. ZOA-03-02, an Ordinance
amending Section 26-223 Architectural Design Overlay District of the Wheat Ridge Code of Laws on
first reading, ordered published, public hearing set for April 28, 2003, at 7:00 P.M. in the City Council
Chambers and that it take effect 15 days after adoption."
Or,
"I move to table indefinitely Council Bill No. , Case No. ZOA-03-02, an
Ordinance amending Section 26-223 Architectural Design Overlay District of the Wheat Ridge Code
of Laws on first reading with the following findings:
1.
2."
Initiated by: Community Development Department
Report Prepared by: Meredith Reckert (303) 235-2848
mr/
Attachments:
1. Planning Commission report
2. Council Bill No.
030310 ZOA-03-02 Overlay District
City of Wheat Ridge of WHEAT
a
Planning and Development Department _
Memorandum v m
C~<ORP~~
TO: Planning Commission
FROM: Meredith Reckert
SUBJECT: Case No. ZOA-03-02
DATE: February 13, 2003
The Community Development staff has initiated a proposed amendment to Section 26-223 of the
Wheat Ridge Code of Laws. Section 26-223 relates to the application of the Architectural Design
Guidelines for properties located within the Streetscape and Architectural Design Overlay district.
Included within the ADO District are all properties with NC, RC, C-1, C-2, I and PD districts. The
intent of the ADO District is to require supplemental design and architectural standards for these
properties when being developed.
The existing legislation allows the Board of Adjustment to grant waivers from the requirements of
the manual. Staff believes it more appropriate to have either the planning staff grant waivers as part
of the administrative review process (building permit process); or have Planning Commission and
City Council grant waivers or variances as part of a concurrent land use case being processed. Staff
has concluded that another required hearing by the Board of Adjustment for these types of waivers
will lengthen the review process and may discourage new development or redevelopment.
Attached is staff's recommended language incorporated into ordinance form. As typical, new
language is shown in bold and deleted language is show with std th,-eughs.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-02, a proposed amendment to
Section 26-223. Architectural Design Overlay District of the Wheat Ridge Code of Laws, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons:
Staff and Planning Commission and City Council are more appropriate review bodies
than the Board of Adjustment.
It will expedite the review process by eliminating another necessary public hearing."
ATTACHMENT 1
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL
DESIGN OVERLAY DISTRICT (ADO) OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Architectural
Design Overlay Districts; and
WHEREAS, properties located within the Architectural Design Overlay District are
required to meet the standards with new construction; and
WHEREAS, there is concern that strict application of the regulations may discourage
redevelopment, improvement or expansion of existing businesses in the city; and
WHEREAS, the Board of Adjustment is currently the body specified for approving
waivers of the requirements, and
WHEREAS, the Community Development Director, Planning Commission and City
Council are more appropriate reviewing bodies;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Paragraph 2, Section E. Exemptions. of Section 26-223 of the Wheat Ridge
Code of Laws is hereby amended as follows:
2. Where review of the requirements of the architectural or streetscape
standards is part of an administrative review process, the Community Development
Director the Beard of Adjus#nent may grant waivers to or variances from the requirements of
this section.
Where a waiver to the architectural or streetscape standards is made a part of
another process such as approval of a zone change or final development plan review which
requires a public hearing before the Planning Commission and/or City Council, then the
Planning Commission and/or City Council shall be empowered to decide upon such waiver
or variance concurrent with the other process.
Section 2. Safety Clause. The City of Wheat Ridge 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
ATTACHMENT 2
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 rations
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, requirements 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
here 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 to
in this day of , 2003, 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 , 2003, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 12003.
SIGNED by the Mayor on this day of 2003.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1ST publication:
2„ d publication:
Wheat Ridge Transcript
Effective Date:
Don Peterson
9945 West 34`h Drive
Mr. Peterson suggested that this ordinance be presented at First Monday meetings in March to
receive citizen input before sending it on to City Council. He believed that enclosures for
recycling dumpsters should have an opening to make it easier to place items in the dumpster
thereby encouraging recycling practices. He was in favor of placing time limits on the
placement of temporary dumpsters.
Commissioner COOPER asked if the First Monday Meetings were a better forum than the
Planning Commission, noting that the proposed ordinance was published as a public hearing.
Commissioner McMILLIN commented that it is unlikely people will leave dumpsters on their
property long after a project is finished to avoid paying additional fees charged by the company
supplying the dumpsters.
It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE
that Case ZOA-03-01, a proposed amendment to Section 26-614 Trash Enclosure
Screening Requirements of the Wheat Ridge Code of Laws be forwarded to City Council
with changes as recommended by staff with a recommendation of approval for the
following reasons:
1. The proposed legislation clarifies language so that application of the regulations is
easier.
2. The proposed legislation addresses temporary construction dumpsters and
recycling dumpsters.
The motion passed 6-0 with Commissioner WEISZ absent.
D. Case No. ZOA-03-02: An ordinance amending Section 26-223 of the Whet Ridge
V Code of Laws concerning Architectural Design Overlay District (ADO).
This case was presented by Meredith Reckert. This amendment would allow the planning staff
to grant waivers as part of the administrative review (building permit) process or have Planning
Commission and City Council grant waivers or variances as part of a concurrent land use case
being processed. This would eliminate another hearing before the Board of Adjustment for
these types of waivers which would lengthen the review process and could discourage new
development or redevelopment.
Following brief discussion, it was moved by Commissioner McNAMEE and seconded by
Commissioner PLUMMER that Case No. ZOA-03-02, a proposed amendment to Section
26-223 Architectural Design Overlay District of the Wheat Ridge Code of Laws, be
forwarded to City Council with a recommendation of approval for the following reasons:
1. Staff and Planning Commission and City Council are more appropriate review
bodies than the Board of Adjustment.
2. It will expedite the review process by eliminating another necessary public
hearing.
Planning Commission Page 6
February 20, 2003
t- The motion passed 6-0 with Commissioner WEISZ absent.
8. OLD BUSINESS
Commissioner McMILLIN asked for a status report on the lighting situation at the Phillips
66 station. Alan White replied that Cindy Hagerman met with the owner/manager who has
installed lighting shields and did not believe he could do anything more to come into
compliance.
Commissioner McMILLIN stated that there is still an increased intensity of light at this site.
In answer to a question from Commissioner MCMILLIN, Alan White stated there are no
regulations regarding intensity of light.
• Commissioner McNAMEE commented that employees of the King Soopers at 38`h and
Sheridan are not parking in the back as recommended by Planning Commission as a
condition of approval for their special use permit. Staff will look into this situation.
9. NEW BUSINESS
• Alan White reported that a training session for new Planning Commission members is
planned be held at 6:00 p.m. prior to the regular meeting on March 6, 2003.
• Election of officers should also be held at the beginning of the meeting on March 6.
10. COMMISSION REPORTS
There were no Commission reports.
11. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
12. ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner McNAMEE
to adjourn the meeting at 9:15 p.m. The motion passed unanimously.
Nancy Snow, Vice-Chair Ann Lazzeri, Recording Secretary
Planning Commis:
February 20, 2003
Page 7
City of Wheat Ridge of W EgT
Planning and Development Department
v m
Memorandum c~C pRP~~
TO: ,Planning Commission
FROM: "Meredith Reckert
SUBJECT: Case No. ZOA-03-02
DATE: February 13, 2003
The Community Development staff has initiated a proposed amendment to Section 26-223 of the
Wheat Ridge Code of Laws. Section 26-223 relates to the application of the Architectural Design
Guidelines for properties located within the Streetscape and Architectural Design Overlay district.
Included within the ADO District are all properties with NC, RC, C-1, C-2, I and PD districts. The
intent of the ADO District is to require supplemental design and architectural standards for these
properties when being developed.
The existing legislation allows the Board of Adjustment to grant waivers from the requirements of
the manual. Staff believes it more appropriate to have either the planning staff grant waivers as part
of the administrative review process (building permit process); or have Planning Commission and
City Council grant waivers or variances as part of a concurrent land use case being processed. Staff
has concluded that another required hearing by the Board of Adjustment for these types of waivers
will lengthen the review process and may discourage new development or redevelopment.
Attached is staff's recommended language incorporated into ordinance form. As typical, new
language is shown in bold and deleted language is show with 8#ikG t .
RECOMMENDED MOTION: "I move that Case No. ZOA-03-02, a proposed amendment to
Section 26-223. Architectural Design Overlay District of the Wheat Ridge Code of Laws, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons:
1. Staff and Planning Commission and City Council are more appropriate review bodies
than the Board of Adjustment.
2. It will expedite the review process by eliminating another necessary public hearing."
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL
DESIGN OVERLAY DISTRICT (ADO) OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to Architectural
Design Overlay Districts; and
WHEREAS, properties located within the Architectural Design Overlay District are
required to meet the standards with new construction; and
WHEREAS, there is concern that strict application of the regulations may discourage
redevelopment, improvement or expansion of existing businesses in the city; and
WHEREAS, the Board of Adjustment is currently the body specified for approving
waivers of the requirements, and
WHEREAS, the Community Development Director, Planning Commission and City
Council are more appropriate reviewing bodies;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Paragraph 2, Section E. Exemptions. of Section 26-223 of the Wheat Ridge
Code of Laws is hereby amended as follows:
2. Where review of the requirements of the architectural or streetscape
standards is part of an administrative review process, the Community Development
Director may grant waivers to or variances from the requirements of
this section.
Where a waiver to the architectural or streetscape standards is made a part of
another process such as approval of a zone change or final development plan review which
requires a public hearing before the Planning Commission and/or City Council, then the
Planning Commission and/or City Council shall be empowered to decide upon such waiver
or variance concurrent with the other process.
Section 2. Safety Clause. The City of Wheat Ridge 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 rations
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, requirements 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
here shall supersede and prevail.
Section 5. This ordinance shall take effect immediately upon passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
in this day of 2003, 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 2003, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29t Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of '12003.
SIGNED by the Mayor on this day of 12003.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Cluck
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1sT publication:
2"d publication:
Wheat Ridge Transcript
Effective Date:
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 February 20, 2003, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29`h 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-03-01: An ordinance amending Section 26-614 of the Wheat
Ridge Code of Laws concerning trash storage area screening.
Case No. ZOA-03-02: An ordinance amending Section 26-223 of the Wheat
Ridge Code of Laws concerning Architectural Overlay District (ADO).
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: February 13, 2003
Case No.:
App: Last Name:
App: First N ame:
Owne r: Last Name:
Owner: First Nam e:
App Addre ss:
City, State Z ip:
App: Pho ne:
Owner Address:
City/St ate/Zip:,
Owner Phone:
Project Address:
Street Name :
City/State, Zip:
Case Disposition:
OA0302_ Quarter Section Map N o.:~
Citywide Related Cases:
Case Histor y: rchitectural Overlay
District
Review Body:
APN:
2nd Revie w Body:
2nd Review Date
Decision-making Body
- J Appro val/Denial Date:
Reso/Ordinance No.:
PC_
CC
CC
Conditions of Approval:
District: F_
Project Planner: Reckert File Lo cation: ctive Date Rec eived: 1/22/2003
Notes: r
- Pre-App Date:
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