HomeMy WebLinkAboutZOA-03-03INTRODUCED BY COUNCIL MEMBER
Council Bill No. 12-2()03
Ordinance No. 1286
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
VARIANCES/WAIVERS/TEMPORARY
PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures
for variances, waivers, temporary permits and interpretations, and,
WHEREAS, Section 26-1 15 C provides regulations for administrative approval of
variances and waivers by the Community Development Director: and
WHEREAS, Section 26-1 15 D.2. provides regulations for administrative approval of a
one month temporary permit by the Community Development Director;
WHEREAS, the procedures recognize opportunities for complaints to be filed against
administrative requests, and
WHEREAS, often times complaints are not legitimate or of substance pertaining to a
request,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1.
Section 26-115 C 1 c is hereby modified with the following language
c The director of planning and de ent community development has notified
adjacent property owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no protests objections have been received during such ten-day
period. Any objections must be received in writing and be directly related to concerns
regarding the request. General objections regarding existing land use conditions or issues
not related to the request will not be considered grounds for objection.
Section 26-115.D.2.d. is hereby modified with the following language
d. The director of planing and developmen! community development has notified
adjacent property owners in a form and manner as required for minor variances and waivers as
set forth in section 26-109, and has received no objections. Any objections must be received in
writing and be directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request will not be
considered grounds for objections; and
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 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o m this 14th day of-April , 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 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
vote of _q to 9 , this 9Rrb day of ADit , 2003
SIGNED by the Mayor on this 2
ATTEST
Sang, City
\O pRp
WHEgr\
SEAL m
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
I ST publication: April 17, 2003
2"6 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 WHEgT ITEM NO:
PQ
U m REQUEST FOR CITY COUNCIL ACTION
OIORA~O
COUNCIL MEETING DATE: April 28, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
VARIANCES/WAIVERS/TEMPORARY PERMITSANTERPRETATIONS
OF THE WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-03-03)
® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: April 14, 2003)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director City Manager
EXECUTIVE SUMMARY:
Section 26-115 of the Code of Laws relates to the administrative review of variances and temporary
permits. The existing legislation recognizes opportunities for objections to be filed regarding these
applications. However, many times the objections are not legitimate or of substance pertaining to the
specific request. The proposed changes require that the objections be put in writing and that they be
directly related to the request.
On the attached council bill, new language is shown in bold type and existing language being deleted
is shown with strike taroug"hs.
Planning Commission recommended approval of this amendment at their public hearing held on
March 20, 2003.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission reviewed this case at a public hearing held on March 20, 2003. A
recommendation of approval was made for the following reasons:
1. The proposed legislation requires objections to administrative variances and temporary
permits be put in writing.
2. The proposed legislation specifies that the objection be directly related to the request.
STATEMENT OF THE ISSUES:
There are no outstanding issues.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
There will be no financial impact as a result of the new legislation.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 12-2003, Case No. ZOA-03-03, an Ordinance amending Section
26-115, Variances/Waivers/Temporary Permits/ Interpretations, of the Wheat Ridge Code of Laws be
approved on second reading."
Or,
"I move to table indefinitely Council Bill No. 12-2003, Case No. ZOA-03-03, an Ordinance amending
Section 26-115, Variances/Waivers/Temporary Permits/ Interpretations, 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
mr/aw
Attachments:
1. Planning Commission report
2. Council Bill No. 12-2003
zoa03031st
City of Wheat midge of WHEAT
Community Development Department
v m
Memorandum ORADO
TO: Planning Commission
FROM: Meredith Reckert
SUBJECT: ZOA-03-03/Variances/Temporary permits
DATE: March 13, 2003
Attached are staff s recommended changes to Section 26-115 of the Code of Laws. This section of
the code of laws relates to administrative review of variances and temporary permits. The existing
legislation recognizes opportunities for objections to be filed regarding the application. However,
many times the objections are not legitimate or of substance pertaining to the specific request.
The proposed changes require that the objections be put in writing and that they be directly related to
the request.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-03, a proposed amendment to
Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of
Laws, be forwarded to City Council with a recommendation of APPROVAL for the following
reasons:
1. The proposed legislation requires objections to administrative variances and temporary
permits be put in writing.
2. The proposed legislation specifies that the objection be directly related to the request."
ATTACHMENT 1
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 12-2003
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
VARIANCESIWAIVERS/TEMPORARY
PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures
for variances, waivers, temporary permits and interpretations; and,
WHEREAS, Section 26-115.C. provides regulations for administrative approval of
variances and waivers by the Community Development Director; and
WHEREAS, Section 26-115.D.2. provides regulations for administrative approval of a
one month temporary permit by the Community Development Director;
WHEREAS, the procedures recognize opportunities for complaints to be filed against
administrative requests; and
WHEREAS, often times complaints are not legitimate or of substance pertaining to a
request,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1.
Section 26-115.C. l.c. is hereby modified with the following language:
c. The director of planning and devriepment community development has notified
adjacent property owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no pretests objections have been received during such ten-day
period. Any objections must be received in writing and be directly related to concerns
regarding the request. General objections regarding existing land use conditions or issues
not related to the request will not be considered grounds for objection.
Section 26-115.D.2.d. is hereby modified with the following language:
d. The director of community development has notified
adjacent property owners in a form and manner as required for minor variances and waivers as
ATTACHMENT 2
set forth in section 26-109, and has received no objections. Any objections must be received in
writing and be directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request will not be
considered grounds for objections; and
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 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:
the property. Alan White stated that no street improvements are planned and therefore ditch
access would not be affected.
Commissioner PLUMMER stated that, while he could sympathize with the neighbors, the area
is surrounded with commercial property and a portion of the subject property will remain as an
agricultural use.
It was moved by Commissioner PLUMMER and seconded by Commissioner DAVIS to
recommend approval of Case No. WZ-02-12, a request for approval of a rezoning from
Agriculture-One to Planned Industrial Development for property located at 5130 Parfet
Street, for the following reasons:
1. The area is transitioning toward more commercialization.
2. The desirability of the property to be used for residential purposes is questionable.
3. The proposal is consistent with adjacent commercial uses.
4. There will be economic benefits derived from the zone change.
5. Staff concludes that requirements for an outline development plan have been met.
6. That item no. 45 regarding recreational vehicle storage, be removed from the
permitted list of uses.
7. Buildings on lots one and two shall not exceed 10,000 square feet in size, and shall
not exceed one story in height.
Chair WEISZ re-opened the public hearing to hear comments from Mr. Durham.
Mr. Durham requested that the mezzanine level, which is planned to be approximately twenty-
four feet in height, be allowed. He indicated that a height limit of twenty-five feet would be
acceptable.
Commissioner DAVIS offered a friendly amendment to change reason numbers 6 and 7
to conditions 1 and 2 and that "one story" be changed to "twenty-five feet" in condition
no. 2. The amendment was accepted by Commissioner PLUMMER.
Commissioner BERRY offered a friendly amendment to exclude item no. 1 regarding
veterinary hospitals with outside kennels from the permitted list of uses. This amendment
was accepted by Commissioners PLUMMER and DAVIS.
The motion passed 6-0 with Commissioners McMILLIN and WITT absent.
C. Case No. ZOA-03-03: An ordinance amending Section 26-115 of the Wheat Ridge
Code of Laws concerning objections to variances, temporary use permits, etc.
IC This case was presented by Alan White. Staff has recommended changes to this section of the
code of laws as it relates to administrative review of variances and temporary permits. The
existing legislation recognizes opportunities for objections to be filed regarding the application.
When objections are stated, it puts the public hearing process into effect. However, many times
the objections are not legitimate or of substance pertaining to the specific request. The
proposed changes require that objections be put in writing and be directly related to the request.
March 20, 2003
rage
Brief discussion followed.
It was moved by Commissioner McNAMEE and seconded by Commissioner PLUMMER
that Case No. ZOA-03-03, a proposed amendment to Section 26-115
Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of
Laws, be forwarded to City Council with a recommendation of approval for the following
reasons:
1. The proposed legislation requires objections to administrative variances and
temporary permits be put in writing.
2. The proposed legislation specifies that the objection be directly related to the
L request.
The motion passed 6-0 with Commissioners McMILLIN and WITT absent.
8. OLD BUSINESS
There was no old business to come before the Commission.
9. NEW BUSINESS
There was no new business to come before the Commission.
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 8:30 p.m. The motion passed unanimously.
Paula Weisz, Chair
Ann Lazzeri, Recording Secretary
Planning Commission Page 5
March 20, 2003
City of Wheat Ridge of WHEgT
Planning and Development Department o
Memorandum (4
~o~oRAO~
TO: Planning Commission
. t-1
FROM: rMeredith Reckert
SUBJECT: ZOA-03-03/Variances/Temporary permits
DATE: March 13, 2003
Attached are staff's recommended changes to Section 26-115 of the Code of Laws. This section of
the code of laws relates to administrative review of variances and temporary permits. The existing
legislation recognizes opportunities for objections to be filed regarding the application. However,
many times the objections are not legitimate or of substance pertaining to the specific request.
The proposed changes require that the objections be put in writing and that they be directly related to
the request.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-03, a proposed amendment to
Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of
Laws, be forwarded to City Council with a recommendation of APPROVAL for the following
reasons:
1. The proposed legislation requires objections to administrative variances and temporary
permits be put in writing.
2. The proposed legislation specifies that the objection be directly related to the request."
hlo ov mt,
2~- P[u~~~
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
VARIANCES/WAIVERS/TEMPORARY
PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures
for variances, waivers, temporary permits and interpretations; and,
WHEREAS, Section 26-115.C. provides regulations for administrative approval of
variances and waivers by the Community Development Director; and
WHEREAS, Section 26-115.D.2. provides regulations for administrative approval of a
one month temporary permit by the Community Development Director;
WHEREAS, the procedures recognize opportunities for complaints to be filed against
administrative requests; and
WHEREAS, often times complaints are not legitimate or of substance pertaining to a
request,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1.
Section 26-115.C. I.e. is hereby modified with the following language:
c. The director of community development has notified
adjacent property owners by letter notice and posting of the site at least ten (10) days prior to
rendering his decision, and that no pretests objections have been received during such ten-day
period. Any objections must be received in writing and be directly related to concerns
regarding the request. General objections regarding existing land use conditions or issues
not related to the request will not be considered grounds for objection.
Section 26-115.D.2.d. is hereby modified with the following language:
d. The director of community development has notified
adjacent property owners in a form and manner as required for minor variances and waivers as
set forth in section 26-109, and has received no objections. Any objections must be received in
writing and be directly related to concerns regarding the request. General objections
regarding existing land use conditions or issues not related to the request will not be
considered grounds for objections; and
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 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 27Avenue, 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 Cluck
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST 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 March 20, 2003, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 291h 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:
Case No. ZOA-03-03: An ordinance amending Section 26-115 of the Wheat
Ridge Code of Laws concerning objections to variances, temporary use permits,
etc.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: March 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 :
Ci ty/State, Zip:
Case Disposition:
OA0303 _ Quarter Section Map N o.:
City Related Cases:
Case Histor y: Vregarding d Section 26-115
objections to WA,,
, etc....
I Review Body:
APN:
2nd Revie w Body:
2nd Review Date
I Decision-making Body
Appro val/Denial Date:
Reso/Ordinance No.:
PC
I
CC
FC
Conditions of Approval:
Project Planner: Reckert District: I
File Lo cation: ctive Date Rec eived: 2/3/2003
Notes: I..........
Follow- Up: Pre-App Date: I-
Cioto:p:a$e 1 rv