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HomeMy WebLinkAboutZOA-03-10CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 28-2003 Ordinance No. 1299 Series of 2003 TITLE. AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS WHEREAS, The Code of Laws provides that application for site development approval may only be made by the record title owner (or agent) of the subject property, and WHEREAS, the Council wishes to provide for limited circumstances in which site development applications may be made by governmental or quasi-governmental agencies prior to their being in title to the subject property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Code of Laws is amended by the addition of a new subsection D, to read: Sec. 26-103 Site development review process. A.... D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or a power of attorney from the owner(s) where an agent acts on their behalf. In the case of application for special use permits, both the owner of the property and proposed special use must join in the application. A governmental or quasi- governmental agency may apply for site development approval prior to becoming the owner of the subject property only if all of the following conditions are met. GED\53027\442126 01 1 . The agency has formally expressed, in writing, its intent to develop or facilitate the development of the subject property in accordance with the site development approval being sought. 2. The agency has given written notice to the record title owner of its intent to make the site development application. 3. Any final site development approval shall expire sixty (60) days after its being granted unless the agency provides satisfactory evidence that it has acquired ownership of the subject property prior to the expiration of that period. Section 2. Conflicting code section repealed. The following subsections of the Code of Laws are repealed and their subsection numbers or letters held as "reserved:" Sec. 26-112. C.2 Sec. 26-114.C.2 Sec 26-308.C.1 d & e Sec. 26-308.D.1.b & e 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; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses 2 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon adoption, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to 2 on this 23rd day of June , 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 July 14 , 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 6 to 2 , this 14th day of July 2003. SIGNED by the Mayor on this 16th day of July 2003. i ATTEST retchen Cerveny, Mayor Wanda Sang, City-Clerk Approved To Form Gerald E. Dahl, City Attorney First Publication: June 26, 2003 Second Publication: July 24, 2003 Wheat Ridge Transcript Effective Date: July 14, 2003 3 CITY COUNCIL MINUTES: July 14, 2003 Page -3- Item 2. COUNCIL BILL 28-2003 -AN ORDINANCE AMENDING SECTION 26- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS. (CASE NO. ZOA-03-10) Council Bill 28-2003 was introduced on second reading by Mr. Edwards, who read the title and summary; Clerk assigned Ordinance No. 1299. Alan White presented the staff report. Mr. DiTullio asked Mr. White why this was brought forward. Mr. White replied there was no specific reason, other than looking forward to speed up the process. Mr. DiTullio asked if it would be beneficial to get approval from the owner. Mr. White replied that if that were the case, this Ordinance would not be necessary. Motion by Mr. Edwards to approve Council Bill 28-2003 (Ordinance 1299), Case No. ZOA-03-10, on second reading and it take effect upon adoption; seconded by Mr. DiTullio. Motion for an amendment by Ms. Figlus under 2. to add ...and has received the property owner's approval; seconded by Mr. Hanley; failed 2-6 with Councilmembers Figlus and Hanley voting yes. Original Motion carried 6-2 with Mr. Hanley and Ms. Figlus voting no. Item 3. COUNCIL BILL 25-2003 - AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE LICENSING OF SEXUALLY-ORIENTED BUSINESSES. Council Bill 25-2003 was introduced on second reading by Mr. DiTullio, who read the title and summary; Clerk assigned Ordinance No. 1300. Mr. Dahl explained that this ordinance brings us current with case law. Motion by Mr. DTullio that Council Bill 25-2003 (Ordinance 1300) be approved on second reading, and that it take effect 15 days after adoption; seconded by Mrs. Rotola; Carried 8-0. OF WNEgT ITEM NO: ~ o U m REQUEST FOR CITY COUNCIL ACTION ~~IORP~O COUNCIL MEETING DATE: r~~^l'~ TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (CASE NO. ZOA 03-10) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: June 23, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No UV Community Development Director City Manager EXECUTIVE SUMMARY: This ordinance amends a section of the Zoning and Development Code which deals with applications subject to the site development review process. The change enables governmental or quasi- governmental agencies to submit land use applications even though the site in question is not yet owned by the agency. An application may be submitted under the following conditions: 1. The agency has formally expressed, in writing, its intent to develop or facilitate development of the subject property. 2. The agency has given written notice to the owner of its intent to make the site development application. 3. Any final approval shall expire 60 days unless the agency provides evidence that it has acquired ownership of the subject property. COMMISSION/BOARD RECOMMENDATION: The Planning Commission recommended approval of this ordinance at its meeting on June 5, 2003 without amendments. STATEMENT OF THE ISSUES: Many times governmental agencies need to have land use approvals in place prior to acquiring a property. It is a common practice in the real estate industry to have a contract to purchase property contingent upon receiving land use approvals. This ordinance enables governmental entities to have the same approval contingency as private sector real estate transactions. ALTERNATIVES CONSIDERED: Do not amend the Code. FINANCIAL IMPACT: There is no direct financial impact as a result of this ordinance. "I move to approve Council Bill No. , an ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process, Case No. ZOA 03-10, on first reading, ordered published, public hearing set for July 14, 2003 at 7:00 p.m. in the City Council Chambers, and if approved on second reading take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. , an ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process, Case No. ZOA 03-10, for the following reasons: 1. 2....,, Initiated by: Community Development Department Report Prepared by: Alan White 303-235-2844 Attachments: 1. Planning Commission memorandum 2. Council Bill No. City of Wheat Ridge OF WHEgT P' Community Development Department Memorandum ~o~oRAO~ TO: Planning Commission FROM: Alan White, Community Development Director ryt~~ SUBJECT: Case No. ZOA 03-10, Code Amendment Pertaining to Development Applications DATE: May 30, 2003 Attached is an ordinance which makes changes to the requirements for the development review process, specifically a change to the requirement for an applicant. With this amendment, an applicant for any site development process may be a public or quasi-public agency which does not yet own the property under consideration. Many times it is imperative that an agency receive the assurance of land use approvals prior to closing on a property. This amendment allows the public or quasi-public entity to apply for a development review process prior to ownership only under the following conditions: 1. The agency has expressed in writing its intent to develop or facilitate the development of the property, 2. The agency has given written notice to the landowner of its intent to submit the site development application, and 3. The site development approval shall expire 60 days after being granted unless the agency provides proof that it has acquired ownership of the property. Recommended Motion: "I move to recommend approval of Case No. ZOA 03-10, an ordinance amending requirements for applications subject to the site development review process." ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS WHEREAS, The Code of Laws provides that application for site development approval may only be made by the record title owner (or agent) of the subject property; and WHEREAS, the Council wishes to provide for limited circumstances in which site development applications may be made by governmental or quasi-governmental agencies prior to their being in title to the subject property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Code of Laws is amended by the addition of a new subsection D, to read: Sec. 26-103 Site development review process. A.... D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or a power of attorney from the owner(s) where an agent acts on their behalf. In the case of application for special use permits, both the owner of the property and proposed special use must join in the application. A governmental or quasi- governmental agency may apply for site development approval prior to becoming the owner of the subject property only if all of the following conditions are met: 1. The agency has formally expressed, in writing, its intent to develop or facilitate GED\53027442126.01 ATTACHMENT 2 the development of the subject property in accordance with the site development approval being sought. 2. The agency has given written notice to the record title owner of its intent to make the site development application. 3. Any final site development approval shall expire sixty (60) days after its being granted unless the agency provides satisfactory evidence that it has acquired ownership of the subject property prior to the expiration of that period. Section 2. Conflicting code section repealed. The following subsections of the Code of Laws are repealed and their subsection numbers or letters held as "reserved:" Sec. 26-112. C.2 Sec. 26-114.C.2 Sec. 26-308.C.1.d & e Sec. 26-308.D.1.b & e 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: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. 2 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 First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney 3 CITY COUNCIL MINUTES June 23, 2003 Page -4- Item 3. Council Bill 24-2003 - An Ordinance adopting by reference the 2003 Edition of the Model Traffic Code for Colorado and the Model Traffic Code amendments previously adopted by the City; providing penalties for Model Traffic Code Violations, and making conforming amendments to the Wheat Ridge Code of Laws Council Bill 24-2003 was introduced by Mr Mancinelli on second reading, who also read the title and summary Clerk assigned Ordinance No 1297 Motion by Mr Mancinelli for the approval of Council Bill 24-2003 (Ordinance 1297) on second reading, seconded by Mr Edwards, carried 7-0 ORDINANCES ON FIRST READING Item 5. Council Bill 28-2003 - An Ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the Site Development Review Process (Case No ZOA-03-10) Council Bill 28-2003 was introduced on first reading by Mr Edwards, who read the title and summary Motion by Mr Edwards to approve Council Bill 28-2003 on first reading, order it published, public hearing set for July 14, 2003 at 7 00 p m in Council Chambers, and if approved on second reading, take effect 15 days after final publication, seconded by Mr DiTullio Motion by Ms Figlus to refer this Ordinance to the City Affairs Committee for the following reasons 1 It needs to be clarified what kind of agencies could make use of this and 2 This would allow a governmental or quasi governmental agency to bring forth a proposal for a site development without the property owner's consent; seconded by Mr Hanley; failed 3-4 with Councilmembers Hanley DiTullio, and Figlus voting yes Original Motion carried 5-2 with Councilmembers Hanley and Figlus voting no Ms Figlus is voting no for the reasons she has stated above DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Dudley Street Speed Bump Proposal Motion by Mrs Rotola that the Dudley Street Neighborhood traffic proposal be approved as crafted and voted on by neighborhood residents, seconded by Mr Mancinelli It was moved by Commissioner PLUMMER to continue Case No. ZOA-03-09 to a date uncertain and request staff to prepare an ordinance with the following recommendations for changes: 1. Change the side setbacks in the R-2A, R-3 and R-3A to 5 feet per story for one and two family structures. Maintain the existing interpretation of "building in line" so that the new setback requirements don't apply to pop-tops. 2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5 feet per story for structures above 2 stories. 3. Keep the setback exceptions in Section 26-611 as currently written, except add the following language to (b): "provided, however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2 or I zone districts when adjacent to a residentially zoned property." 4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15 feet. Increase the side and rear setback such that if the shed or detached garage/carport is less than X feet in height, the setback is 5 feet; between X and Y feet in height, the setback is 10 feet; and over Y feet up to the maximum height, the setback is 15 feet. The height and setback requirements should be the same in all residential zone districts. 5. Limit the combined square footage of sheds and detached garages/carports to a percentage of the lot. The building coverage percentages should be similar to those of the City of Aurora. 6. Prohibit the use of metal buildings in excess of 120 square feet in residential zone districts. Commissioner McMILLIN seconded the motion with the understanding that the "X's" and "Y's" in No. 4 and the definition of garages and other accessory structures will be determined at a later date. The motion passed 8-0. D. Case No. ZOA-03-10: An ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process. This cased was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and reviewed the staff report. Commissioner McMILLIN commented that this amendment would give the city the same rights as a private real estate purchaser in regard to placing contingencies based upon approved zoning. Chair McNAMEE asked if there were individuals present who wished to address this case. There was no response. Planning Commission Page 5 June 5, 2003 It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER to recommend approval of Case No. ZOA-03-10, an ordinance amending requirements for applications subject to the site development review process. The motion passed 8-0. 8. OLD BUSINESS Alan White reported the following City Council actions: The city has settled the lawsuit with John Elway AutoNation and the final development plan was approved with modifications to lighting and clarification regarding groundwater pumping. The SUP process was approved by City Council at its last meeting. Staff will present a comparison of the old code and new code concerning special uses in the NC zone district for consideration by the Commission at a later date. The Conservation Zone District located at 4650 Parfet was approved without the right-of-way vacation. 2. Commissioner McMILLIN asked for a status report on the replacement of trees on the Phillips 66 property at 38`h and Kipling. Alan White will look into this and report back to the Commission. Commissioner PLUMMER commented that the same situation exists at the kitchen shop at 4151 and Kipling. Commissioner DAVIS commented that the minutes were improved in relation to outlining reasons for the Commission's decisions. 4. Commissioner WITT asked advice as to whether or not a Planning Commission member should participate in a neighborhood meeting in his or her district regarding rezonings. Alan White explained that the city attorney rendered an opinion that a Commissioner could attend a neighborhood meeting because, technically, the application is not yet in process. However, Mr. White advised against Commissioners attending the meeting because it could raise concerns with the neighbors and/or the applicant if and when the matter is heard before Planning Commission. 9. NEW BUSINESS Alan White informed the Commission that nothing is scheduled for the July 3`d meeting. It was moved by Commissioner PLUMMER and seconded by Commissioner DAVIS that the July 3, 2003 Planning Commission meeting be canceled. The motion passed 8-0. 10. COMMISSION REPORTS There were no Commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 6 June 5, 2003 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on June 5, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-03-05: An ordinance amending portions of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning "Family Foster Homes" and "Residential Group Homes". Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to heights and setbacks for residential accessory structures and exceptions thereto. Case No. ZOA-03-10: An ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: May 29, 2003 Case No.: OA0310. Quarter Section Map N App: Last Name: Citywide Related Cases: App: First N ame: r - Case Histor y Owne r: Last Name: Owner: First Nam e App Addre ss: Review Body City, State Z ip: App: Pho ne: APN: Owner Address: r 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: Decision-making Body Project Address: r Appro vallDenial Date: - Street Name : ~ City/State, Zip: r~ Reso/Ordinance No.: Case Disposition: Project Planner: [White File Lo cation: ctive Notes: Follow- Up: o.: mend code concerning he submittal of pplications subject to the its development review PC: 6/5103._ C: 6123103. CC: 7/14/03 Conditions of Approval: District: Date Rec eived: 120/2002 Pre-App Date: