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Home My WebLink AboutZOA-03-06INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 16-2003 Ordinance No. 1291 Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses are discretionary uses which _ void or deli lent in an are and t' h, if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues eeuneil shall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be 3 4 have the rigl to approved, approved with modifications or denied. deny--speeial--use request and to rev Previously approved special use permits may be revoked pursuant to subsection F. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application form and review procedures: 1. 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the speeie4 use owner and '.'e proper~y owner, or' .'eir kisgffll representatives, must be Present at al~~ - 3. Application shall be submitted on forms provided by the depattunent of plwming-and community development department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the plamtieg-rind community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staf€-wi}lgive c. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the 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. b b belerw: The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section F. d. The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (i) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. e. If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval bythe-community-development-directoYrthe community development director shall forward the request to the city council at a public hearing. Notice of said hearing shall be as provided in section 26-109. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director or city council shall find, the proposed special use: i. W411 fneet it proven publie need in that it will fill a void in neeess-Oly 2. 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. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 5. is eensistent with the Gernpfebensive Plan. 6. 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. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony 3 and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. E. City council review. City council shall review and decide upon all requests for special uses upon receipt of an objection by adjacent property owners or upon appeal by an applicant of a decision of Feearmnendation denial by the planning eamunission community development-director-or-of-the-conditions-0€approvalby becommunity-development director. Notice of public hearing shall be in the manner provided in section 26-109. 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section F. 2. City council, in addition to eansiderwion of the planning eenh-ffission reeord, shall hear additional evidence and testimony presented; and either approve, approve with conditions, or deny the special use adopt, adept , its decision being based upon with medifleatiens, or- FeJeef the all evidence presented, with due consideration of the criteria for review. 3. Grant of Use The city council shall also decide if the special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the city council shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or 4 (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. in the event of a protest against sueh veeietl~ ownen o. Lwenty Pereent (20 ) or more of the ma! Gf these iniAnediat 4y adjeeent to the extending onehundre (1()()) feet from the pfoNt-ty; or extending one hun d (109) feet fiona the street fro~~ op1osite propert)~. Vote of thfee foufth s of the -entire d - e h ets efined above, is owned by O e eifY-,-s~~ shall be ex eltided .-fi. ee-M-Feting required twenty pefe ent (2 0%), and owners of Tian eity land wit mn the one hundred feet 44ie wr . city land n ~rat est to s h i l h ll . later than the hea i th uc spee a use s a be stibmi d tted to the eivf-e~ r n g on e propose speeial use perinit. F. Enforcement. All conditions and stipulations imposed by the community development director or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planning-and development shall notify ° ee.'- e'foi«m offieer of ti -iialations and the eade .._r_ offieer shall investigate and, if appropriate, initiate revocation proceedings which shall include the following: 1. Notice of violation following procedures as set forth for nuisanees pursuant to 3Aqteat Ridge . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance by &ee4 . c. ,f:,r..cr a.~ after the prescribed correction date, the community development director of planning-and-develepmew shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. 5 G. Term. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director or city council. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning and development department. H. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-A lication Outline Final Approval Requested Staff Neighbor PC CC UR Staff PC CC BOA URPC Notes hood PC Special Use X X A H H URA §26-114, APPea I to CC ' 2 Right of protest applies: Section 26-112.17 Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Hearing required - A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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 4. 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 5. 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 6. This ordinance shall take effect immediately-. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of April , 2003, ordered published in full in a newspaper o~$eneral_cizculationiri-the City_of-Aleat-Ridge and Public Hearing and-consideration-on- final passage set for May 27 , 2003, 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 7 to 0 , this 27th day of May 2003 SIGNED by the Mayor on this 7Arh dayyoof l May , 2003 MA~IO(~. PRi-T~wt ATTEST: Wanda Sang, Cit k =e~'s TO FORM BY Y ATTORNEY GER DAHL, CITY ATTORNEY 1st Publication: May 1, 2003 2nd Publication: June 5, 2003 Wheat Ridge Transcript Effective Date: May 27, 2003 CITY COUNCIL MINUTES: May 27, 2003 Page -3- Item 3. Council Bill 16-2003 - An Ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses. IF (Case No. ZOA-03-6) Council Bill 16-2003 was introduced on second reading by Mr. DiTullio, who also read the summary. Clerk assigned Ordinance No. 1291. Alan White, Director of Community Development, presented the staff report. Don Peterson read a letter from Wheat Ridge United Neighborhoods in opposition to the Ordinance. Motion by Mr. DiTullio to approve Council Bill 16-2003 (Ordinance 1291) on second reading and that it take effect immediately upon passage; seconded by Mr. Mancinelli. Motion by Ms. Figlus for an amendment that the neighborhood meeting be reinstituted; L-- seconded by Mr. Hanley; failed 2-5 with Mr. Hanley and Ms. Figlus voting yes. Original Motion carried 7-0. Item 4. 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 second reading by Mr. Hanley, who also read the summary. Clerk assigned Ordinance No. 1292. Michael Pesicka, Community Development, was sworn in by the Chair and presented the staff report. John Durham, was sworn in by the Chair. He is with the Norris Dullea Company. They are representing the ownership on this application. He clarified some points and was present for questions. Charles Steismeyer, 4996 Parfet Street, was sworn in by the Chair and spoke in support of the application, provided that some trees are planted as promised by the applicant. of wNear ITEM NO: P'o V ~O~ORP00 m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 27, 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-114 SPECIAL USE PERMITS OF THE WHEAT RIDGE CODE OF LAWS (CASE NO. ZOA-03-06) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: April 28, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Av", dik, Community Development Director City Manager EXECUTIVE SUMMARY: This Ordinance will amend the special use process. Under the current Code, approval of a special use permit consists of a series of meetings and public hearings. An applicant must have a pre-application meeting with staff, a neighborhood meeting, a hearing before Planning Commission and a hearing before City Council. This process will typically take approximately 4 to 6 months. This Ordinance will streamline the process by removing the required neighborhood meeting, and making the initial review an administrative process. The Community Development Director will approve, approve with conditions or deny a special use permit. The notification process will resemble the process used for administrative variances; certified mailings will be sent to adjacent property owners and the property will be posted for a period of ten days. If any reasonable objection is received, the request for special use permit will automatically be forwarded for review by City Council. If the Director of Community Development denies the request, or if the applicant wishes to appeal a condition imposed by the Director, the application is forwarded to City Council. The notification process for the City Council hearing will follow current requirements for public hearings as specified in Section 26-109 of the Code of Laws. COMMISSION/BOARD RECOMMENDATION: Planning Commission held a public on May 15, 2003 and recommended approval of the proposed ordinance. STATEMENT OF THE ISSUES: The current special use process can be somewhat cumbersome and lengthy. The proposed ordinance will shorten the review process for special uses, even if a hearing before Council occurs. Special uses under the current code may run with the land or be a personal grant of use. The decision about the status of the special use was left as a case by case decision to be made by the Community Development Director or City Council. ALTERNATIVES CONSIDERED: Several alternative processes were considered, ranging from strictly administrative review with no appeal process to only City Council review. Alternatives to deciding to grant the special use in perpetuity or to the applicant were to make all special uses run with the land or all special uses personal grants of use. FINANCIAL IMPACT: Because the review process is shorter, the fee for processing a special use should be decreased. The current fee is $800, $300 of which covers public noticing costs. If the fee is decreased, there may be a slight decrease in the Department's total case processing revenue as a result. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2003, Case Number ZOA-03-6, an ordinance amending Chapter 26 of the Code of Laws pertaining to Special Use Permits on second reading, to take effect 15 days after final publication." Initiated by: City Council Report Prepared by: Alan White (303)-235-2844 Attachments: 1. Planning Commission Memorandum 2. Council Bill No. 16-2003. City of Wheat Ridge OF ""EqT P Community Development Department m Memorandum OR A00 TO: Planning Commission FROM: Alan White, Community Development Director aW SUBJECT: Special Use Permit Process DATE: May 7, 2003 Council directed staff to develop options for their consideration for streamlining the Special Use Permit process. The current process consists of the following steps: • Pre-application meeting with staff • Neighborhood meeting • 15-day public notice • Planning Commission hearing • 15-day public notice • City Council hearing The SUP process was shortened during the re-write of Chapter 26 two years ago. SUP's previously were approved by ordinance, requiring a first and second reading. This is no longer the case. However, the two hearings each require a 15-day public notice period which in practice results in a month between the Planning Commission and Council hearings. Total processing time is four to five months. The approval of an SUP is currently subject to the legal protest process. If owners comprising 20% or more of the ownership along any boundary of the site of the SUP file a legal protest, the SUP requires a 3/ majority vote to approve. Special uses also require the determination of whether the use runs with the land or is a personal grant of use to the applicant. The SUP process applies to a number of uses in the various zone districts. Any change in the process applies to all special uses. The Proposed Process From three options presented to Council, one was selected for further consideration. Options within this process were presented to Council on April 2151. The consensus of Council was to modify the current process as follows: Pre-application meeting with staff 10-day public notice (posting of property and letters to adacent landowners) ATTACHMENT 1 CAProjectsVoning amendments\SUrsxpc heanng memo.aoc Administrative approval may be given if there are no objections received from neighbors and the criteria for approval are met. If denied by the Community Development Director, or if the applicant wishes to appeal conditions of approval, or there are objections received, a hearing is scheduled before City Council. The process then proceeds as follows: • 15-day public notice period • City Council hearing The neighborhood meeting has been eliminated. Council requested that the legal protest provision be eliminated. Whether the special use runs with the land or is a personal grant of use will remain a decision to be made on a case by case basis by the Community Development Director or City Council. The attached ordinance amends the current section of the Code. New language is shown in bold with deleted language in stt4kethrough. The current $800 fee for an SUP is based on the amount of staff time it takes to review the application and prepare for two public hearings, and the cost of providing public notice twice. The public notice cost is $300. The fee should be reduced if the new process is approved by Council. Recommended Motion: "I move to recommend approval of the proposed ordinance modifying Chapter 26 of the Code of Laws pertaining to special uses." CAProjectsVoning amendments\SUP's\pc hearing memo.doc INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses.are discretionary uses which are elear4y shown t veil er defieient an area and which if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues eaaneil mall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be shall have the fig approved, approved with modifications or denied. deny aspeeial-use request and to fev Previously approved special use permits may be revoked pursuant to subsection F. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application form and review procedures: appheant shall be required to hold a neighborhood fneeting (see seetion 26 109(A) for requirements). 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the speeial use owner and the property awnef, or theif legal representatives, fntist be present at all publie hewings. 3. Application shall be submitted on forms provided by the department of planning -and community development department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. ATTACHMENT 2 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the planning and community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staff will give manner as provided in seetion 26 109. C. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the 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. planning eenbrnission, whieh evaluates the pfoposal an make" Andings using the fell...:.g feyie.......1t"'e set fefth below. The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section F. d. The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. e. If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval by the community development director, the community development director shall forward the request to the city council at a public hearing. Notice of said hearing shall be as provided in section 26-109. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director or city council shall find, the proposed special use: i. Will meet a proven publie need in that it will fill a vaid in neeessafy 2. 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. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 6. 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. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. E. City council review. City council shall review and decide upon all requests for of upon special uses upon Feeommendation of tile PlaruliflT r__ receipt of an objection by adjacent property owners or upon appeal by an applicant of a decision of - ---lotion denial by the planning eammission community development director or of the conditions of approval by the community development director. Notice of public hearing shall be in the manner provided in section 26-109. 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section F. 2. City council, ' reeerd, shall hear additional evidence and testimony presented, and either approve, approve with conditions, or deny the special use adept adepE with -iedifi°°•iens or eet the atdin t°° its decision being based upon all evidence presented, with due consideration of the criteria for review. 3. Grant of Use The city council shall also decide if the special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the city council shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or 4 (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. in the event of a protest ag iinst sueh special use pefffiit, signed by4he owners of twenty pereent (20%) at: more of the area! Of these iffimediately adjaeent to the fear or any side of the pwperty-, extending one hundred (100) feet ftern the propefty; or Of those direetly opposite aerass the street from the pmpefty, extending one hendred (100) feet frafn the street frontage of stieh efe opposite prop s` Wh l d hi i il adjae h i vote of thfee fatitihs of the entire e ere an w ty eaunc . s c required twenty pef e-ent (20 an d n d wit hin the one hundred foo - h ri ~ b i d to the eW tt effdfte4-" eity land. T ew t e su m e f F. Enforcement. All conditions and stipulations imposed by the community development director or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planning and development shall and ' a nforee-- -fi--- shall investigate and, if appropriate, initiate violations revocation proceedings which shall include the following: Notice of violation following procedures as set forth fornoisanees . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance after the prescribed correction date, the community development director of planning and develepfneii shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. G. Term. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director or city council. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning and development department. H. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-A lication Outline Final Approval Requested Staff Neighbor PC CC UR Staff PC CC BOA URPC Notes " hood PC Special Use X X A fi H URA 126-114, Appeal to CC 2 Right of protest applies: Section 26-112.P Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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 4. 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 5. 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 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on 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 29th 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 GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: Commissioner PLUMMER commented that he would not like to live next door to someone who had several non-operative vehicles in their yard. Chair McNAMEE asked if there were individuals present who wished to address this ordinance. There was no response. It was moved by Commissioner PLUMMER and seconded by Commissioner STITES that Case No. ZOA-03-08, an ordinance amending 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. It was moved by Commissioner McMILLIN and seconded by Commissioner DAVIS that active restoration as defined in Section 3, subsection (k) shall include parts cars being used for other vehicles that are under restoration. In response to a question from Commissioner WEISZ, Commissioner McMILLIN stated that he would prefer to see the Board of Adjustment decide on the number of parts cars to be allowed. The motion for amendment passed 6-1 with Commissioner PLUMMER voting no and Commissioner BERRY absent. A vote was taken on the amended motion. It passed 7-0 with Commissioner BERRY absent. C. Case No. ZOA-03-06: An ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses This case was presented by Alan White. The major changes under the proposed amendment would shorten the Special Use Permit process by eliminating the neighborhood meeting and the legal protest provision. Whether the special use runs with the land or is a personal grant of use will remain a decision to be made on a case-by-case basis by the Community Development Director or City Council. Commissioner PLUMMER questioned the elimination of the legal protest provision. Alan White explained that under the current code, any adjacent land owner could file a legal protest to the City Council which would then require six affirmative votes out of eight possible votes to be approved. It is City Council's desire to remove this provision. If a case should go to City Council, public input would still be allowed under the public hearing process. In answer to a question from Commissioner WEISZ, Alan White stated that the legal protest provision is not required under law. Commissioner McMILLIN asked how many SUP cases in the past ten years involved a legal protest. Alan White stated that he could not recall any SUP cases where the legal protest was involved. Planning Commission Page 5 May 15, 2003 Commissioner DAVIS asked for clarification regarding the Planning Commission's role in the new process. Alan White explained that the proposed amendment would eliminate the Planning Commission's involvement in the process. He also stated that a special use permit handled under the administrative process could take approximately ten days as opposed to four to six months under the current process. If the application proceeded to City Council, it should take approximately two months to process. Commissioner McMILLIN asked about the impact of eliminating neighborhood meetings. Alan White stated there has been very little response to neighborhood meeting notices which are sent out within a 600-foot radius of the subject property. Commissioner McMILLIN stated that he would like to see the Planning Commission involved if any protests are registered at a neighborhood meeting. If no protests are registered at the meeting, an administrative approval could be granted. He expressed concern about the Planning Commission being removed from the special use process. Commissioner STITES stated that he was in favor of the proposed ordinance because it will streamline the process without hurting anyone. Individuals would still have opportunity for input at the City Council hearing. There were no individuals present in the audience to address this matter. It was moved by Commissioner STITES and seconded by Commissioner PLUMMER to recommend approval of the proposed ordinance modifying Chapter 26 of the Code of Laws pertaining to special uses. It was moved by Commissioner McMILLIN and seconded by Commissioner DAVIS to amend the motion to keep the legal process in place which requires a super majority vote of Council if a protest is filed. The motion failed 4-3 with Commissioners PLUMMER, MCNAMEE, WEISZ and STITES voting no and Commissioner BERRY absent. I A vote was taken on the original motion which passed 6-1 with Commissioner J~ McMILLIN voting no and Commissioner BERRY 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. Planning Commission Page 6 May 15, 2003 City of Wheat Ridge OE WHEgr P Community Development Department Memorandum c~~OR TO: Planning Commission FROM: Alan White, Community Development Director @ ,Yo SUBJECT: Special Use Permit Process DATE: May 7, 2003 Council directed staff to develop options for their consideration for streamlining the Special Use Permit process. The current process consists of the following steps: • Pre-application meeting with staff • Neighborhood meeting • 15-day public notice • Planning Commission hearing • 15-day public notice • City Council hearing The SUP process was shortened during the re-write of Chapter 26 two years ago. SUP's previously were approved by ordinance, requiring a first and second reading. This is no longer the case. However, the two hearings each require a 15-day public notice period which in practice results in a month between the Planning Commission and Council hearings. Total processing time is four to five months. The approval of an SUP is currently subject to the legal protest process. If owners comprising 20% or more of the ownership along any boundary of the site of the SUP file a legal protest, the SUP requires a 3/a majority vote to approve. Special uses also require the determination of whether the use runs with the land or is a personal grant of use to the applicant. The SUP process applies to a number of uses in the various zone districts. Any change in the process applies to all special uses. The Proposed Process From three options presented to Council, one was selected for further consideration. Options within this process were presented to Council on April 21'a. The consensus of Council was to modify the current process as follows: Pre-application meeting with staff 10-day public notice (posting of property and letters to adjacent landowners) 'i CAProjects\zoning amendments\SUP's\pc hearing memo.doc Administrative approval may be given if there are no objections received from neighbors and the criteria for approval are met. If denied by the Community Development Director, or if the applicant wishes to appeal conditions of approval, or there are objections received, a hearing is scheduled before City Council. The process then proceeds as follows: • 15-day public notice period • City Council hearing The neighborhood meeting has been eliminated. Council requested that the legal protest provision be eliminated. Whether the special use runs with the land or is a personal grant of use will remain a decision to be made on a case by case basis by the Community Development Director or City Council. The attached ordinance amends the current section of the Code. New language is shown in bold with deleted language in kethfaugh. The current $800 fee for an SUP is based on the amount of staff time it takes to review the application and prepare for two public hearings, and the cost of providing public notice twice. The public notice cost is $300. The fee should be reduced if the new process is approved by Council. Recommended Motion: " I move to recommend approval of the proposed ordinance modifying Chapter 26 of the Code of Laws pertaining to special uses." CAProjectsVoning amendments\SUP's\pc hearing memo.doc INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses are discretionary uses which void defieient in °ii afea an whieh, if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues cotineil shall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be shall have the fig approved, approved with modifications or denied. deny -a speeial-use request and to rev Previously approved special use permits may be revoked pursuant to subsection F. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application form and review procedures: applieant shall be fequired to hold a neighbo+aod meeting (se seetion 26 109(A) for fequifements). 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both-the speeial use ownef and the property owner, or their lega4 representatives, must be present at 41TUbfte-4~- 3. Application shall be submitted on forms provided by the department of planning-and community development department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the planning anFl community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. sta4will give .1.1: ..tio letteriietifieafieii n posting l... u... , in manner as provided in seetion 26 109. C. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the 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. Prepare a written fe~~~~ planning eanwMssian, whieh evaluates the pr-epesal and makes fhidings using the fellewing review eriteria set below: The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section F. d. The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. e. If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval by the community development director, the community development director shall forward the request to the city council at a public hearing. Notice of said hearing shall be as provided in section 26-109. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director or city council shall find, the proposed special use: i. Will meet a proven publie need in that it will fill a void in neeessary 2. 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. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 5. is eonsistent with the Tlll3lJiLJ1 YL Plan. 6. 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. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. E. City council review. City council shall review and decide upon all requests for special uses upon receipt of an objection by adjacent property owners or upon appeal by an applicant of a decision of recommendation denial by the planning conunission community development director or of the conditions of approval by the community development director. Notice of public hearing shall be in the manner provided in section 26-109. 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section F. 2. City council, in addition to eonsi-j-Pation of the Pla reeord, shall hear additional evidence and testimony presented, and either approve, approve with conditions, or deny the special use adept adept with medifieatiens, er Beet the ef: inenee its decision being based upon all evidence presented, with due consideration of the criteria for review. 3. Grant of Use The city council shall also decide if the special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the city council shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or 4 (3) shall be granted only for. a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. owners of twerity pereent (20%) or raere of the area: 9f those irnmediate1y adjaeent to the rear or any side of the property-, extending one httndred (100) feet fmm the property; of 3. Of those direetly ap - - - --ass the street frorn the property, extending one hund;;;i(i"et from the street frontage of stieh apposite property. i Wh l d hi i il h is adjaeent er- o osite vote of three fourths of the ent re e ere an w ty eartne . pp ; e as defined above, is owned by the eity, stieh propeerty su-M! be ex cluded in computing the required twenty pere ' ent (20 an d owners of non eity land wit : 1 1 1: hin the one hundred foo . ..w :..t..«~ : a - J abo 1lintit, as - a F ve, sha ll be . ........t o e pposit i h ll h b i l , N pil 1~ p Run tted to the eit eity land. The writt h h i h en prot h est to su m use s a e su spee a e ' - o "al e y e - an t e ear n later t g on t e propo se 'n - s F' F. Enforcement. All conditions and stipulations imposed by the community development director or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planning an development shall notify a eode enfoFeentent officer of the nature of the and a F _ nt a ffleer shall investigate and, if appropriate, initiate violatiarts revocation proceedings which shall include the following: Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Gode, Ghapter . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance after the prescribed correction date, the community development director of planning and develepmen shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. 5 G. Term. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director or city council. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning and development department. H. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-A I' tion Outline Final Approval Requested Staff Neighbor PC CC UR Staff PC CC BOA URPC Notes hood PC Special Use X X A H H URA §26-114, Appeal to CC 2 Right of protest applies: Section 26-112.17 Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required If Hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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 4. 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 5. 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 6. 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 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 29th 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 GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd 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 May 15, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`s 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-03-06: An ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses. Case No. ZOA-03-08: An ordinance amending Section 26-115 Variances/ Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: May 8, 2003 of w eqr ITEM NO: o V m REQUEST FOR CITY COUNCIL ACTION °ocoRno° COUNCIL MEETING DATE: April 28, 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES (CASE NO. ZOA-03-06) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: April 28, 2003) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager This Ordinance will amend the special use process. Under the current Code, approval of a special use permit consists of a series of meetings and public hearings before Planning Commission and City Council. This process will typically take approximately 4 to 6 months. The proposed Ordinance will streamline the process by removing the required neighborhood meeting,. and making the initial review an administrative process. The Community Development Director will approve, approve with conditions or deny a special use permit. The notification process will resemble the process used for administrative variances; certified mailings will be sent to adjacent property owners and the property will be posted for a period of ten days. If any written objection related to the request is received, the request for special use permit will automatically be forwarded to City Council for review. If the Director of Community Development denies the request, or if the applicant wishes to appeal a condition imposed by the Director, the application can be forwarded to City Council. The notification process for the City Council hearing will follow current notification requirements for a public hearing. COMMISSION/BOARD RECOMMENDATION: Planning Commission will hear this case on May 1, 2003. STATEMENT OF THE ISSUES: The current special use process can be somewhat cumbersome and lengthy. The proposed process has the potential to expedite the review of special uses. Special uses under the current code may run with the land or be a personal grant of use. The decision about the status of the special use was left as a case by case decision to be made by the Community Development Director or City Council. ALTERNATIVES CONSIDERED: Several alternatives were considered, ranging from strictly administrative review with no appeal process to only City Council review. Alternatives to deciding to grant the special use in perpetuity or to the applicant were to make all special uses run with the land or all special uses personal grants of use. FINANCIAL IMPACT: Because the review process is shorter, the fee for processing a special use should be decreased. There may be a slight decrease in the Department's total case processing revenue as a result. RECOMMENDED MOTION: "I move to approve Council Bill No. , Case Number ZOA-03- 06, an ordinance amending Chapter 26 of the Code of Laws pertaining to Special Uses, ordered published, public hearing set for May 27, 2003 at 7:00 in the City Council Chambers." Initiated by: City Council Report Prepared by: Alan White (303)-235-2844 Attachments: 1. Council Bill No INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses are discretionary uses which are eleady shown t vain or a°fieient in afi area and whie' if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues whieh the planning eammission and city eouneil shall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be shall have the rig approved, approved with modifications or denied. deny -a-speeial-use request and to fev Previously approved special use permits may be revoked pursuant to subsection F. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application form and review procedures: applicant shall be r-equifed to hold a neighborhood meeting (see- seet4on 26 109(A) for fequirements). 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Belli-the special use owner and the prope~ny owner, or their legal representatives, must be present at all publie hearings. 3. Application shall be submitted on forms provided by the department of planning and community development department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. ATTACHMENT 1 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the plannaig and community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staff will give manner as provided in seetion 26 109. c. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the 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. planning eawn-nission, whieh evaluates the pfoposal an makes find-ings using the fallowing review eriteria set foAh below. The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section F. d. The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and 2 not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. e. If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval by the community development director, the community development director shall forward the request to the city council at a public hearing. Notice of said hearing shall be as provided in section 26-109. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director or city council shall find, the proposed special use: i. Will meet a proven publie need in that it will fill a void in neeessary proposed, eonsidering available alternatives. 2. 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. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 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. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony OF and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. it. Other factors relevant to the specific application. E. City council review. City council shall review and decide upon all requests for special uses upon receipt of an objection by adjacent property owners or upon appeal by an applicant of a decision of recommendation denial by the planning eammission community development director or of the conditions of approval by the community development director. Notice of public hearing shall be in the manner provided in section 26-109. 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section F. 2. City council, in addition to eonsi-deration of the p! i I reeerd, shall hear additional evidence and testimony presented, and either approve, approve with conditions, or deny the special use adept adept , its decision being based upon all evidence presented, with due consideration of the criteria for review. 3. Grant of Use The city council shall also decide if the special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the city council shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and may or may not be inherited; and/or 4 (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. in the event of a protest against such speeial use pem-fit, signed by thee owiters of twenty pereent (-20%) of: more of the ex-ea! -2. Of those inunediately adjaeent to the rear or any side of the propertr, extending one hundred (100) feet from the ppoperty; or 3. Gf those direetly opposite aeress the street fT-ofn the property, extending one httn&ed (100) feet from the street frontage of stteh opposite property. f h i Wh l d hi i il d t it h i vote of three fourths o t e ent re e ere an w ty eatme . s a jueen or oppos e, c as defified above, is owned by the eity, sueh property shall be e xeltided in eamputing the required twenty pere ent (20%), an d owners of non city land wit hin the one handred fee ll b b i i l h l il d t th it eity land. The writt h h i l h en protest to su h e su m l. spee a use s a e d i l At y eotifte n-a tte o e e an t e ear n atef t e propo g oft t se spee a use penr 7 F. Enforcement. All conditions and stipulations imposed by the community development director or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planningan development shall violations and the eerie enforeement o"ie-- shall " investigate and, if appropriate, initiate revocation proceedings which shall include the following: 1. Notice of violation following procedures as set forth gees . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance by a code enforcement offie after the prescribed correction date, the community development director of planning and ddevelepffieiit shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. G. Terns. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director or city council. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning and development department. H. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-A lication Outline Final Approval Requested Staff Neighbor PC CC UR staff PC CC BOA URPC Notes hood PC Special Use X X A 14 H URA §26-114, Appeal to CC 2 Right of protest applies: Section 26-112.F Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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. 6 Section 4. 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 5. 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 6. 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 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 29th 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 GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7 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 May 1, 2003, at 7:00 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 petition shall be heard: Case No. ZOA-03-06: An ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: April 24, 2003 Item 4. City of Wheat Ridge of WHEAT Community Development Department U ~ Memorandum cOr ~Rpp~ TO: Randy Young, City Manager City Council FROM: Alan White, Community Development Director SUBJECT: Special Use Permit Process DATE: April 8, 2003 At the February 18th Study Session, Council considered three options for changing the current special use process. Council directed staff to create an ordinance which would implement Option 1. Option 1 is an administrative process modeled after the administrative variance and 30-day temporary use processes. Approval is administrative, unless objections are received from neighbors or the Community Development Director does not approve the use. In such cases, the request would then proceed to a public hearing. Council further directed staff to develop options for Option 1. Attached is a draft ordinance implementing Option 1. New language is shown in bold with deleted language in striketitfaugh. Optional sections, corresponding to variations in the process, are identified with the label Optional and are shaded in the attached ordinance. In some cases the choice is between several options, in other cases the choice is to include or eliminate a step or not. Boxes are included to indicate where decisions need to be made on the various options. The options are outlined below: 1. Neighborhood meeting. The SUP process currently starts with a pre-application meeting followed by a neighborhood meeting. Council could consider eliminating the neighborhood meeting. 2. Noticing of Administrative Approval Request. In noticing for the administrative approval, council could require the same noticing as other administrative processes (10 days notice to adjacent landowners only and posting of the property) or could require the same noticing as full public hearings (15 days notice to owners within 100 feet, newspaper, and posting of the property). Grant of use. As part of the approval of the SUP, it must be determined if the SUP is a personal grant of use to the applicant, or if the SUP runs with the land, and if the latter, whether it runs in perpetuity or for a defined length of time. Within the administrative review process, Council has the following options: a. Leave the determination discretionary and decide on a case by case basis as is currently done. Authorize the community development director to decide whether the use is a personal grant of use or runs with the land and for how long. b. Make all SUPS run with the land in perpetuity. The community development director has no decision to make. c. Make all SUPS a personal grant of use. The community development director has no decision to make. 4. Criteria for review. Staff is recommending, and council could consider the deleting #1 and #5 in the list of criteria for review. The first one speaks to the "public need" for the use. This is rarely the case and is difficult to prove or refute. The second is consistency with the Comprehensive Plan. A special use is not a rezoning (zoning already exists) and the issues of impacts and compatibility are covered by the remaining criteria. Tannin Commission review. If objections to the SUP are received, or if the co i dev went director does not approve the SUP based upon the review criteri , r if the applicant w' s to appeal conditions of approval, a public hearing befo e planning commission coin eld. As an alternative, the hearing could b eld before the council. If the hearing is h the planning commission, a rth the administrative process, the planning commissr would need to det ne the status of the SUP upon approval. Council has the same three tions ove to consider in this regard: a. Leave the determination di etionary an cide on a case by case basis as is currently done. Aut~ze the planning commi ' n to decide whether the use is a personal grant o se or runs with the land and for ho ong. b. Make all S s run with the land in perpetuity. The planet commission has ft e to make. C. e all SUPs a personal grant of use. The planning commission ha o decision to make. 6. Council Review. Council review could happen in one of two ways: appeal of an administrative decision (no planning commission review), or appeal of a planning commission decision. If council is a review body, council has the following options regarding the grant of use: a. Leave the determination discretionary and decide on a case by case basis as is currently done. Authorize the council to decide whether the use is a personal grant of use or runs with the land and for how long. b. Make all SUPS run with the land in perpetuity. The council has no decision to make. c. Make all SUPS a personal grant of use. The council has no decision to make. The consensus of Council at the study session was to eliminate the legal protest right from the SUP process. This provision has been deleted. The goal of council was to streamline the process. The process is currently at three steps with a neighborhood meeting followed by planning commission and council hearings. Elimination of the neighborhood meeting, the administrative review step and an appeal process to either planning commission or council would make the new process two steps. If planning commission is the review body for an administrative appeal, and the planning commission decision can be appealed to council, the process would entail three steps and could actually be longer than the current process. (.2 z y Staff Recommendation: ct COl~V1~~ I OJ4 Staff recommends eliminatin e neighborhood meeting and instituting the administrative process, with an appeal to- fifilkrz, The process would stop at this step. Appeal of a decision would be in court, like the appeal of a BOA decision. ~ coU~ul The initial notification of the administrative review should be to adjacent landowners. This will make the process the same as administrative variances and 30-day temporary uses, reducing the potential for errors. If a hearing is required, notification should be as for any other hearing. One of the more difficult decisions to make is whether the special use should run with the land or be a personal grant of use. In the old code, all special uses were personal grants of use. Staff recommends retaining the current practice of deciding on a case by case basis whether the use runs with the land or is a personal grant of use. INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses are discretionary uses which arc cleaAy shown t vela er deficient iii an afea and which if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues which the planning eommission and eity eouneil shall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be shall have the fig approved, approved with modifications or denied. deny a speeial-use request and to fey Previously approved special use permits may be revoked pursuant to subsection G. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application farm and review procedures: The options are to require a neighborhood meeting or not. One is currently required. 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the propeffy owner, or their legal fepfesentatives, must be present at all publie hearings. 3. Application shall be submitted on forms provided by the department of planning and community development department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the plying anel community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. Note: The following noticing procedure is the same as the administrative variance and 30-day temporary use notification: posting of the property and notice to adjacent landowners only. This is different than other noticing requirements which require notice to owners within 100 feet, plus posting, plus a newspaper notice. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staff will giv manner as provided in seetion 26 109. C. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the 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. planning eanunission, whieh evaluates the pfoposal an below. The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section G.2. I Choose one of the following options. Choose one of the following options. #1 requires a hearing before planning commission; #2 requires a hearing before city council. e. Or Note: The preceding noticing procedures for either the planning commission or city council hearings, or both, are those required for any other land use process: notice to owners within 100 feet, posting of the property, and notice in the newspaper. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director, planning commission, or city council shall find, the proposed special use: 2. 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. 4 I Staff recommends #1 and #5 be deleted. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 6. 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. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. E. Planning commission review: This section will be included only if an administrative decision is appealed to planning commission. 1. If required as a result of the determinations made under section C.5.e. above, the planning commission shall conduct a public hearing on the special use request. Notice of the public hearing shall be given as provided in section 26-109. The commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall coua eil to approve, approve with conditions, or deny the application, basing its =ecaffunecndation decision upon the facts presented in the public hearing in consideration of the criteria for review above. Planning commission may reeenunend impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, upon the speeial use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be reeonffnende imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section G.2. 2. Grant of Use. I Choose one of the following options. If planning commission is designated as the body to hear an appeal or objection to a SUP request, council needs to decide if an appeal of a denial or the conditions of approval by planning commission may be appealed to council. Choose to include the following provision or not. 3. 6 One of the following options will have already been chosen. If an administrative decision is appealed to planning commission, and the planning commission decision is appealed, the first option will be included. If the administrative decision is appealed to city council, the second option will be included. or 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section G.2. 2. City council, in addition to consideration of the planning commission record, [this reference will be deleted if a planning commission hearing is not required] shall hear additional evidence and testimony presented, and either approve, approve with conditions, or deny the special use adept, adept with difieal4 _ _ et the fdinane , its decision being based upon all evidence presented, with due consideration of the criteria for review. 3. Grant of Use I Choose one of the following options. In the event of a protest against sueh speeial ttse permit, signed by th-e owners Of twepty pereent (20%) or more of the area! 2. Of those inmnediately adjaeent to the rear or any side of the property-, extending one hundred (109) feet From the property; or 3. E)f those direetly opposite aeross the street frafn the property, extending one hundred (100) feet train the street frontage of suelt opposite property. S h i l ff t it h ll t b i t b th f ble t f h1 r tic f th Spee a use Pe f th ti eeorne e ee rm s s a no it il Wh l d hi ve exeep y e avora h i d t it vo e o h e e our s o e en re e y eoune . ere an w e s a jaeen or oppos e, as defined . , above, is owned by the eity, such property shall be ex cluded in eornputing the -1 1 I I . 'f 'eflt (29%), an d owners of non eity lanel wit hin the one hundred feet li.At, de it l d fined abo Th itt ve, shall be eo t t t nsidefed adjacent or opposite l i l h ll b b i despite such intervenin tt d t th it il e y an . l t th t e wr h h i en pro es o su th e l. spee a use s a e su m d i l 4t- e o e e y eounc n-o a er an e ear n g on e propo se spee a use perri . G. Enforcement. All conditions and stipulations imposed by the community development director, planning commission, or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planning and development shall of the nature of the violations and the eode "-`"-""meet officer shall investigate and, if appropriate, initiate revocation proceedings which shall include the following: 1. Notice of violation following procedures as set forthfat: es . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance after the prescribed correction date, the community development director of planning and develepffien shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. H. Tenn. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director, planning commission, or city council. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning tmd development department. 1. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-Application Outline Final Approval Requested Staff Neighbor PC CC UR Staff PC CC BOA URPC Notes hood PC Special Use X X A 14 14 URA § 26- 114 Appeal to PC, CC The table above will be modified according to the process approved by council. 2 Right of protest applies: Section 26-112.F Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A° is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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 4. 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 5. 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 6. 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 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 29th 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 10 ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 11 City of Wheat Ridge of "HEATS Community Development Department Memorandum c~<ORADO TO: Planning Staff FROM: Alan White, Community Development Director 0 SUBJECT: New Process for SUP's DATE: February 20, 2003 Attached is a draft of the revised SUP process. It is basically Option 1 that we talked about with Dahl. Please review and provide comments. I think it's too long, but I couldn't figure out how to shorten it without completely redoing it in the manner of the admin variance process. Any suggestions? Council wanted options shown in the ordinance. The options were to deal with deciding whether the SUP ran with the land or with the applicant and whether there should be an appeal to Council. The sections that begin with (Optional) are intended to address the options they have at that point in the ordinance. Is it clear what their options are? The legal protest provision has been removed per Council's direction. I removed the first review criterion concerning "meeting a need" since we usually respond "who knows?" I made some minor changes to the enforcement section. CAProjects\zoning amendments\SUP's\cover memo staff.doc INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAIN TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-114 of the Wheat Ridge Code of Laws is hereby amended as follows: Section 26-114. Special Uses. A. Purpose. Special uses are discretionary uses which or a°"eient in °ii afe and whie , if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues mil shall to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, a special use may be the planning commission and eity couneil shall have the rig approved, approved with modifications or denied deny -a-speeial use request and to Fev Previously approved special use permits may be revoked pursuant to subsection G. B. Applicability. The requirements of this subsection shall apply to all uses listed as "special uses" within the provisions set forth for any particular zone district. C. Application form and review procedures: O tional Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood meeting (see section 26-109(A) for requirements). 2. Special use applications shall be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the property owner, or their legal representatives, must be present at all public hearings. Application shall be submitted on forms provided by the department of planning and community development and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee. 4. All applications shall also be accompanied by a site plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the minimum requirements outlined in section 26-111 C. 5. Upon receipt of a complete application packet, the planning-and community development department shall proceed with the following process: a. Refer the application to affected public agencies for review and comment, if applicable. b. After acceptance and review, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staff will give ..t:e.. F 1.,..1..1..,1 ..ubli.. hearing an V ([ClOll then Iteatieft by JCL- j.. -Op manner as provided in seetion 26 109. C. If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Prepare hi h e l..nten the p nnl E ffid makes c~ ll The community development director is further Vyly authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use. d. (Optional) The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (1) runs with the land in perpetuity; (2) is personal to the applicant and may or may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. (Optional) Special uses shall be grants of use that run in perpetuity with the land. (Optional) Special uses shall be a personal grant of use to the applicant and shall not be inherited or transferred. e. If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval by the community development director, the community development director shall forward the request to the planning commission at a public hearing. Notice of said hearing shall be as provided in section 26- 109. D. Criteria for review. Before a special use is approved, the applicant shall show, and the community development director, planning commission, or city council shall find, the proposed special use: i. Will meet a proven ptiblie need in that it will fill a void in neeessary pfoposed, eonsidering available alternatives. 2. 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. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 5. Is consistent with the Comprehensive Plan. 6. 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. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 9. History of compliance by the applicant with Code requirements and prior conditions, if any, regarding the subject property. 10. Ability of the applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. E. Planning commission review: If required as a result of the determinations made under section C.S.e. above, the planning commission shall conduct a public hearing on the special use request. The commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall eouneil to approve, approve with conditions, or deny the application, basing its motion decision upon the facts presented in the public hearing in consideration of the criteria for review above. Planning commission may reeormnend impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, upon the speeial use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be reeemmended imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use. ( ti nal) The planning commission shall decide speei€ieally reeommen$, , whether the particular special use shall be a grant of use to run in perpetuity with the land or a personal grant of use to the applicant that cannot be inherited or transferred and shall also decide if the special use shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. is Fafit ef use te the ewiier of the sp eeial use and net -a - II. runs with the land in , b. is per-senal te the appheant and may of may not be f anEVE) e. f the special use shall expire unless fe..ewed subject te all a the requifements of this seetieen. (Optional) Special uses shall be a grant of use that runs in perpetuity with the land. (Optional) Special uses shall be a personal grant of use that may not be inherited or transferred. (Optional) The decision to deny or the conditions imposed by the planning commission may be appealed to city council at a public hearing. Notice of the hearing shall be given as provided in section 26-109. F. (Optional) City council review. City council shall review and decide upon all requests for special uses upon reeonunendation of the planning eaffffnission for approval o upon appeal by an applicant of a decision of reeon - nd tion ` - denial by the planning commission or of the conditions of approval by the planning commission. Notiee a publie heafing shall be in the manner provided in section 26 109. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented, and either approve, approve with conditions, or deny the special use adopt, adopt with modifieations, or rejeet the , its decision being based upon all evidence presented, with due consideration of the criteria for review. The city council shall also decide if the special use shall be a grant of use to run in perpetuity with the land or a personal grant of use to the applicant that cannot be inherited or transferred and shall also decide if the special use shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. In the event of a protest against sueh speeial use pefntit, signed by th-e owners of twenty pereent (20%) or mom of the area: i. Of those inhmediately adjaeent to the fear or any side of the pfopertr, extending One hundfed (100) feet f~offl the property; or 2. 9F those directly opposite aer-ass the street fr-ofn the PFOPerty, extending one hundred (100) feet ffom the street ffontage of such opposite property-. f h f th f h ti i il Wh l d hi h i d t it vote o t ree our s o t e en re e ty eoune . ere an w c s a jaeen or oppos e, as defined above, is owned by the eity, sueh propefty shall be ex eluded in eomptaing the fequired twenty pere ent (20%), an d owners of non eity land wit hin the one hundred foo limit, as defined abo i l d Th i ve, shall be eo nsidered adjacent or opposite h ll b b i h i l despite stich intervening tt d t th i il c ty an . e wr tt l t th th h i en protest to su th use s a e su m c . spec a d i l d~ e o e e ty eatme n-o a er an e ear n g on e propo se spee a use peny G. Enforcement. All conditions and stipulations imposed by the community development director, planning commission, or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the director of community planning-and development shall of the n of the violations an the eode enforeement investigate and, if appropriate, initiate revocation proceedings which shall include the following: Notice of violation following procedures as set forth for nuisanees . in sections 26-1005 or 26-1006 of this code. 2. Upon a finding of noncompliance after the prescribed correction date, the director of community planning an development shall schedule a revocation hearing before the city council. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. H. Term. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the community planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community planning and development department. 1. Nonconforming special uses: Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. Section 2. Section 26-106 Review process chart, is hereby amended as follows: Pre-A lication Outline Final Approval Requested Staff Neighbor PC CC UR Staff PC CC BOA URPC Notes hood PC Special Use X X A I-I I-I URA § 26- 114 Appeal to PC, CC 2 Right of protest applies: Section 26-112.P Key: PC: Planning commission CC: City council BOA: Board of adjustment X: Meeting required H: Hearing required A: Administrative review URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - See Section 26-226. Section 3. 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 4. 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 5. 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 6. 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 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 29th 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 GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: City of Wheat Ridge OF WHEgT~ Community Development Department Memorandum ~~C pR pD~ TO: Randy Young, City Manager FROM: Alan White, Community Development Director OW SUBJECT: Special Use Permits DATE: January 24, 2003 At the end of the psychic advisor/tattoo parlor Council meeting, Council directed staff to explore options for streamlining the Special Use Permit (SUP) process. Staff and I met with Jerry Dahl and developed three options for Council to consider. Council's involvement in the various options ranges from no involvement to being the decision-making authority. Descriptions of the options follow an explanation of the current process. The Current SUP Process • Pre-application meeting with staff • Neighborhood meeting • 15-day public notice • Planning Commission hearing • 15-day public notice • City Council hearing The SUP process was shortened during the re-write of Chapter 26. SUP's previously were approved by ordinance, requiring a first and second reading. This is no longer the case. However, the two hearings each require a 15-day public notice period which in practice results in a month between the Planning Commission and Council hearings. The SUP process applies to a number of uses in the various zone districts and any change in the process would apply to all special uses. The current $800 fee for an SUP is based on the amount of staff time it takes to review the application and prepare for two public hearings, and the cost of providing public notice twice. The public notice cost is $300. The fee can and should be reduced if fewer hearings are required. The approval of an SUP is currently subject to the legal protest process. If owners comprising 20% or more of the ownership along any boundary of the site of the SUP file a legal protest, the SUP requires a 3/a majority vote to approve. Special uses also require the determination of whether the use runs with the land or is a personal grant of use to the landowner. Any change to the process would place the authority to make this determination with the decision-maker. CADocuments and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\SUP Options.doc Option 1 This option is similar to the administrative variance and similar use in a planned development processes: • Pre-Application meeting with staff • 10-day notice (posting of property and certified mail to adjacent property owners) • If no objection is received from neighbors, the SUP may be approved by the Community Development Director if SUP criteria are met. • A Planning Commission hearing can occur after a 15-day public notice period under the following circumstances: 1. Objections are received from neighbors. 2. A denial of the SUP by the Community Development Director is appealed. 3. The conditions of approval by the Community Development Director are appealed. Under this option, the right of legal protest would need to be eliminated or revised to apply to the Planning Commission hearing. Option 2 This option eliminates the City Council hearing, unless an appeal of the Planning Commission decision is made. The legal protest provision would need to be eliminated or revised as in the option above. • Pre-application meeting with staff • Neighborhood meeting • 15-day public notice • Planning Commission hearing • City Council hearing if Planning Commission decision is appealed (15-day public notice) Option 3 This option eliminates the Planning Commission hearing. The legal protest provisions would not need to be revised. • Pre-application meeting with staff • Neighborhood meeting • 15-day public notice • City Council hearing CADocuments and Settings\alanNy Documents\WPFiles\Projects\zoning amendments\SUP Options.doc Case No.: OA0306 Quarter Section Map N o.: App: Last Name: itywide Related Cases: App: First N ame: Case Histor y: Owns r: Last Name: Owner: First Nam e: App Addre ss y Review Body: City, State Z ip: ~ App: Pho ne: APN: Owner Address: 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: Decision-making Body Project Address: Appro vallDenial Date: Street Name : City/State, Zip: Re so/Ordinance No.: Case Disposition: I Project Planner: hike File Lo cation: ctive Notes: Follow- Up: mend code regarding treamlining the SUP process... PC CC CC Conditions of Approval: District: Date Rec eived: 2/2012003 Pre-App Date: I Goto; P~9e~ _ I