HomeMy WebLinkAboutZOA-03-15INTRODUCED BY COUNCIL MEMBER DITULLIO
Council Bill No. 46-2003
Ordinance No. 1316
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE
ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED
LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15)
WHEREAS, the city is interested in expediting review of land use cases,
WHEREAS, there are occasions when pre-application meetings and neighborhood
meetings are not necessary,
WHEREAS, existing review process chart does not differentiate between the different
types of planned development applications,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 26-106 Review Process Chart of the Zoning and Development
Code is hereby amended with addition of the following chart:
Sec. 26-106. Review process chart.
Approval Requested
Pre-Application
Final
Notes
Staff _
Neighborhood
Stall
PC
CC
BOA
URPC
Site Plan
Major Subdivision
Minor Subdivision ~
(wldedications)
4 X
I^-
X
X
(X
A
H
H
H
H
A
URA
URA
§ 26-111
§ 26-404 C
§26-004.B
Minor Subdivision
(w/o dedications)
X
J
H
URA W
Appeal to
CC § 26-
404.8
Minor Plat Correction,
Amendment, Revision
X
A
J
21-009
Lot Line Adjustment
X
A
§ 26-410
Consolidation Plat
(w/dedication)
4 X
H
H
URA
i§ 26404.D
Consolidation Plat
(wlo dedication)
' X
A
URA
§ 26-117
Planned-Development
X
X
H
H
URA
xARI-IN
t
Outline Development
Plan (ODP)
~
F
H
H
URA
2 ART III
Planned Development
Final Development
Plan (FDP)
X
H
H
URA
ART III
Planned Development
Outline Development
Plan Amendment
X
H
H
URA
2 ART III
Planned Development
Final Development
Plan Amendment
X
H
H
URA
ART III
Rezoning, Private
X
X
H
H
URA
2§ 26-112
Rezoning. City
H
H
URA
2 § 26-113
2snin9 -Serrectiea
X
H
K
26 11
Special Use
X
X
A
H
URA
2-Appeal to
CC § 26-114
Variance--Administrative
X
A
A
Appeal to
BOA § 26-
115 CE
Variance-Regular
X
H
URA
§ 26-115.C
Non-administrative
Temporary Permit
H
A
§ 26-115.1)
Interpretation
X
A
Appeal to
BOA § 26-
115.E
Historic Designation
X
r-
H
URA
ART IX
Planned Bldg. Group
`X
A
A
i§ 26-116
Ftoodplain Permit-
X
A
§ 26806
Class I
Floodplain Permit-
' X
H
k
§ 26-806
Class II
Right-of-Way Vacation
X
I
I J
_
H
H
URA
-
26-118
1
If five few-or fewer parcels, minor subdivision process applies. If Gve eF-more than five
parcels, major subdivision process applies
2 Right of protest applies: Section 26-112.F
a If four or more buildings are proposed, then Urban Renewal Authority review is required.
a A pre-application may not be required based on the complexity of the project.
Key,
PC Planning commission
CC City council
BOA. Board of adjustment
X. Meeting required
H. Public 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 2. Section 26-113, City-initiated Rezoning, be amended with the addition of the
following language as paragraph B La., with subparagraphs a. and b relettered as subparagraphs
b and c
B Proceeture cmd notice
General
a. Prior to any public hearing before the planning commission, the
city shall be required to hold a neighborhood meeting according to
the requirements of Section 26-109 A. (See Section 26-109 A. for
requirements.)
Section 3. Section 26-114, Special Uses, be amended with the addition of the following
language as paragraph C 2, with paragraphs 2, 3, and 4 renumbered as paragraphs 3, 4, and 5
C .9pp(ica[ionformandreview procedurer
Prior to submittal of an application for a special use, the applicant shall be
required to hold a neighborhood input meeting according to the
requirements of Section 26-109 A. (See Section 26-109 A. for
requirements.)
Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
Section 5. Severabilitr. 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 6. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail
Section 7. This ordinance shall take effect upon adoption, as permitted by the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this
24th day of November, 2003, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on finaliassagc set for January
12, 2004, at 7 00 o'clock p.m., in the Council Chambers. 7500 West 29" Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 8 to 0 , this 12th day of January 2004.
SIGNED by the Mayor on this 21st day of January 2004
G fT HEN CEMA OR
ATTEST
\~ifla
iela d son, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
-4 (
Gerald Dahl CITY ATTORNEY
is[ publication. November 27, 2003: December 11, 2003
2°d publication January 29, 2004
Wheat Ridge Transcript
Effective Date January 12, 2004
CITY COUNCIL MINUTES: January 12. 2004 Page -3-
$ 10,000 to the Senior Resource Center.
• $ 10,935 to Stride.
• $ 10,000 to Family Tree.
• $ 75,000 to in HOME Program funds to the Wheat Ridge Housing Authority.
• $300,000 for preparation of a Neighborhood Revitalization Strategy; .
seconded by Mrs. Sang and Mrs. Rotola; carried 8-0.
Item 2. COUNCIL BILL 46-2003 -AN ORDINANCE AMENDING SECTION 26-
106 OF THE ZONING AND DEVELOPMENT CODE ADOPTING AN
AMENDED LAND USE REVIEW PROCESS CHART.
(CASE NO. ZOA-03-15)
Council Bill 46-2003 was introduced on second reading by Mr. DiTullio. Pamela
Anderson read the executive summary and assigned Ordinance No. 1316.
Alan White presented the staff report and asked for amendments to the Ordinance as
outlined in the proposed motion submitted to Council during the pre-meeting.
Roger Loecher read excerpts from an article in the Rocky Mountain News to illustrate
his position that the process should be as efficient as possible. He supports this process
chart;change, and believes that it should be stream-lined.
Motion by Mr. DiTullio to approve Council Bill 46-2003 (Ordinance No. 1316), Case No.
ZOA-03-15, on second reading, and that it take effect upon adoption, with the following
amendments:
The chart be amended to require a neighborhood meeting for City initiated
rezonings and further that Section 26-113, City-initiated Rezoning, be amended
with the addition of the following language as paragraph B.1.a., with
subparagraphs a. and b. relettered as subparagraphs b. and c.:
B. Procedure and notice:
1. General....
a. Prior to any public hearing before the Planning Commission, the
City shall be required to hold a neighborhood meeting according to
the requirements of Section 26-109 A. (See Section 26-109 A. for
requirements)
CITY COUNCIL MINUTES: January 12, 2004 Page -4-
2. The chart be amended to require neighborhood meetings for Special Use
Permits, and further that Section 26-114, Special Uses, be amended with
the addition of the following language as Paragraph C.2., with paragraphs
2, 3, and 4 renumbered as paragraphs 3, 4, and 5:
C. Application form and review procedures:
2. Prior to submittal of an application for a Special Use, the applicant shall be
required to hold a neighborhood input meeting according to the requirements of
IL Section 26-109 A. (See Section 26-109 A. for requirements).
Seconded by Mrs. Sang; carried 8-0.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 3. RESOLUTION 01-2004 - ENDORSING THE CITY'S INVOLVEMENT IN
THE JEFFERSON COUNTY TRANSPORTATION ADVISORY AND
ADVOCACY GROUP (JEFFTAAG)
Resolution 01-2004 was introduced by Mr. Schulz. Ms. Anderson read the executive
summary.
Tim Paranto presented the staff report.
Motion by Mr. Schulz to adopt Resolution 01-2004; seconded by Mrs. Rotola;
carried 8-0.
Item 4. CONSENT AGENDA:
A. Award SOQ-04-001 Annual Surveying on-call services to various firms.
B. Motion to approve the revised Garage Sale Permit as written and that it
be instituted on approval.
C. Revision to the Council Rules of Order and Procedure regarding order
of business and the Agenda.
D. Motion to reschedule City Council Study Session scheduled for
January 19, 2004, which falls on Martin Luther King Day, to Tuesday,
January 20, 2004.
Consent Agenda was introduced and read by Mrs. Sang. Mr. Gokey pulled Item B.
of WHEgT ITEM NO:
o
V m REQUEST FOR CITY COUNCIL ACTION
~~~OftP~O
COUNCIL MEETING DATE: January 12, 2004
TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE
ZONING AND DEVELOPMENT CODE BY ADOPTION OF AN
AMENDED LAND USE REVIEW PROCESS CHART (CASE NO.
ZOA-03-15)
® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: November 24, 2003)
❑ BIDSIMOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
~YYess No
Community Development Director
EXECUTIVE SUMMARY:
City Manager
When Chapter 26 was repealed and reenacted in February 2001, it included a land use review process
chart as Section 26-106. The chart addresses all of the possible land use processes utilized by the
Community Development Department. The land use process chart indicates the process required and
review bodies (public hearings versus administrative review). It also specifies when pre-application
meetings and neighborhood meetings are required.
The proposed modifications should expedite review time for processing certain types of land use
applications. The mandatory pre-application meetings with staff will become optional based on the
complexity of the review required. Staff is also recommending that the required neighborhood
meetings for subdivision reviews be eliminated.
The existing chart does not distinguish between different types of planned development applications.
The proposed legislation breaks out zone changes and outline development plan approvals from final
development plan approvals and amendments to existing final development plans. The changes to the
chart address right-of-way vacations, which were not included in the existing chart.
Planning Commission reviewed this request on September 4, 2003, and recommended approval.
BOARD/COMMISSION RECOMMENDATION:
Planning Commission recommended approval of this ordinance with the following condition:
That wording in footnote #1 of the proposed review process chart is changed to read, " If
five or fewer parcels, minor subdivision process applies. If more than five parcels, major
subdivision process applies."
This change has been incorporated into page two of the chart in the proposed council bill.
STATEMENT OF THE ISSUES:
None.
ALTERNATIVES CONSIDERED:
Do not approve legislation.
FINANCIAL IMPACT:
The elimination of pre-application meetings and neighborhood meetings will result in a slight decrease
in revenue. However, this will be offset by a reduction in staff time spent on a project.
RECOMMENDED MOTION:
"I move to approve Council Bill. No. 46-2003, Case No. ZOA-03-15, an ordinance amending Section
26-106 of the zoning and development code by adoption of an amended land use review process chart,
on second reading, and that it take effect 15 days after adoption."
Or,
"I move to table indefinitely Council Bill No. 46-2003, Case No. ZOA-03-15, an ordinance amending
Section 26-106 of the zoning and development code by adoption of an amended land use review
process chart, on second reading with the following findings:
1."
Report Prepared by: Meredith Reckert, 303-235-2848
Reviewed by: Alan White, 303-235-2844
Attachments:
1. September 4, 2003, Planning Commission report
2. Council Bill No.
City of Wheat Ridge of "HEATP
Community Development Department
Memorandum ~O~pRpO~
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Case No. ZOA-03-15/Review Process Chart
DATE:
August 29, 2003
Attached for the Planning Commission's consideration is the land use application review process
chart. The chart was incorporated into the Zoning and Development code when Chapter 26 was
rewritten in 2001. For comparison purposes, both the existing process chart (Exhibit 1) and the
proposed revisions (Exhibit 2) have been included. The format of the document uses strike threughs
for deleted language and bolding for additions. All changes have been designated with shadowing;
Staff has incorporated the following recommendations:
Pre-application meetings: Currently, all land use processes require a formal pre-application
meeting with city staff. This includes large-scale subdivision and planned development
applications as well as less complex cases such as site plan approval with a building permit
and variances. Staff feels that in certain situations, the pre-application meeting requirement
creates a burden for the potential applicant in regards to time (about three weeks) and cost
(fee of $200). Therefore, staff is recommending the requirement be removed for city-
initiated rezonings, variances, temporary permits, zoning code interpretations, historic
designations and class I floodplain exceptions. Footnote "4" has been added which allows
discretionary pre-application review based on a project's complexity. Those land use cases
affected would include site plan approvals, consolidation plats, planned building group
approvals and class II floodplain exception permits.
• Neighborhood meeting requirement: On the existing chart, pre-application neighborhood
meetings are required for all zone changes and subdivisions. Staff is recommending this
requirement be removed for all subdivision approvals which will help expedite the review
process.
Planned development approvals: The category for planned development approvals does
not distinguish between the different categories of planned developments reflected in the
zoning code. The proposed chart distinguishes between outline development plans, final
development plans and amendments to both types of documents. Staff is recommending the
neighborhood meeting requirement apply to outline plan approvals and amendments to
outline plans as this is the true zoning step in the process. Staff is recommending this
requirement be removed from both final development plan approvals and final development
plan amendments. The category "outline" has been removed from the top of the chart as it
relates only to planned developments. The changes specified above eliminate the need for
this category at the top of the chart.
ATTACHMENT 1
• Special use reviews: Ordinance No. 1291, special use approvals, removed the requirement
for neighborhood meetings and Planning Commission review. Exhibit 2 has been amended
to reflect that legislation.
• Zoning correction process: The zoning correction process (Section 26-119) has been
removed.
• Right-of-way vacations: Right-of-way vacation approvals have been added.
• Footnote "I": Footnote"1" has been modified to accurately reflect the difference between
major and minor subdivisions in Article IV. of the Zoning and Development Code.
The chart will be put into ordinance form prior to City Council first reading.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-15, a proposed amendment to
Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons:
1. It will streamline the review process by simplifying the pre-application meeting
requirement.
2. It expedites the subdivision approval process by elimination of the neighborhood
meeting requirement.
3. It distinguishes between the different categories of planned development approvals.
4. It reflects recent legislation regarding the special use process."
ZONING AND DEVELOPMENT
Sec. 26-106. Review process chart.
§ 26-106
Pre-Application
Outline
Final
Neigh-
bor-
Approval Requested
Staff
hood
PC
CC
URPC
Staff
PC
CC
BOA
URPC
Notes
Site Plan
X
A
A
§ 26-
Major Subdivision
x
X
H
H
URA
H
H
URA
§ 26-
404.C
Minor Subdivision
x
X
H
H
URA
§ 26-
(w/dedications)
404.B
Minor Subdivision
x
X
H
URA
Appeal
(w/o dedications)
to CC
§ 26-
404.B
Minor Plat Correction, Amend-
X
A
§ 26-
ment, Revision
409
Lot Line Adjustment
X
A
§ 26-
410
Consolidation Plat
X
H
H
URA
1 § 26-
Wdedication)
404.1)
Consolidation Plat
X
A
URA
§ 26-
(w/o dedication)
117
Planned Development
x
X
H
H
URA
H
H
URA
z ART
III
Rezoning, Private
x
X
H
H
URA
z§ 26-
112
Rezoning, City
X
H
H
URA
z § 26-
113
Zoning Correction
X
H
H
§ 26-
119
Special Use
x
X
H
H
URA
z§ 26-
114
Variance-Administrative
x
A
-
A
Appeal
to
BOA
§ 26-
115.E
Variance-Regular
X
H
URA
§ 26-
115.C
Temporary Permit
X
H
A
§ 26-
115.1)
Interpretation
x
A
Appeal
to
BOA
§ 26-
115.E
Historic Designation
X
H
URA
ART
IX
Planned Bldg. Group
X
A
A
a§ 26-
116
Floodplain Permit-Class I
X
A
§ 26-
806
Floodplain Permit-Class II
X
H
§ 26-
1 1
1 If four or fewer parcels, minor subdivision process applies. If five or more parcels, major subdivision
process applies.
2 Right of protest applies: Section 26-112Y
s If four or more buildings are proposed, then Urban Renewal Authority review is required.
Key:
PC: Planning commission
r -
Supp. No. 29 EXHIBIT 1
§ 26-106
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public hearing required
A: Administrative review
WHEAT RIDGE CITY CODE
URPC: Urban Renweal 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
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1244, § 1, 2-11-02; Ord. No. 1251, § 1, 6-10-02)
Sec. 26-106. Review process chart.
Approval Requested Pre-Application
Final
Notes
Staff Neighborhood
Staff
PC
CC
BOA
URPC
Site Plan 4 X
A
A
§ 26-111
Major Subdivision x
H
H
URA
§ 26-404.C
Minor Subdivision X
H
H
URA
§ 26404.1
(w/dedications)
Minor Subdivision X
H
URA
Appeal to
(w/o dedications)
CC § 26-
404.13
Minor Plat Correction X
A
§ 26-409
Amendment, Revision
Lot Line Adjustment X
A
§ 26-410
Consolidation Plat °X
H
H
URA
§ 26404.D
(w/dedication)
Consolidation Plat ° X
A
URA
§ 26-117
(w/o dedication)
Rlaeasd=9evele~l ~ X
l~
k~
1'!~4
?-AR~I
pEannedDerreE`oun[eiif
Oatlirte Developmei#
plafl(ODP.--.) X $
H
44A
zARTIi
Planned Deueiopm'e`o`f
FinalcQevelopmeit
Plap.(f;QPj X
H
H
URA
pRFlll
Plannetl Development
O~rtlme Devetopm~nl
PlanAmend'menf X X
H
H
ORA
~AkT~ll
Planned Develonmmenf
FrnaEbevelopmerrf
Plan Amendmeitit X
li
H
L7R%S
Will
Rezoning, Private x X
H
H
URA
2§ 26-112
Rezoning, City X
_
H
H
URA
2 § 26-113
;?eaxN~Ser[esNen ~
kY '
k
§9
Special Use X _
A
kl
H
URA
rpealao
CC § 26-114
Variance--Administrative X
A
A
Appeal to
BOA § 26-
115.C€
Variance--~_ €
H
URA
§26-115.C
Hon=arTmmrstra6u
Temporary Permit X
H
A
§ 26-115.D
Interpretation X
A
Appeal to
BOA § 26-
115.E
Historic Designation ;>F
H
URA
ART IX
Planned Bldg. Group X
A
A
3§ 26-116
Floodplain Permit-
A
-
§ 26-606
Class I
Floodplain Permit- ° X
H
11
§ 26-806
Class II
6hL~9tWay5aeaTun X
H
H
l1RA
gds 1s
EXHIBIT 2
If ftue ~ o parcels, minor subdivision process applies. If 04-00;ffi§ #ftan fijr parcels, major
subdivision process applies.
2 Right of protest applies: Section 26-1121
3 If four or more buildings are proposed, then Urban Renewal Authority review is required.
`A;jie. app6aationmay not be required based on_the`complex~fy of <he project:
Key:
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public 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
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 46-2003
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE
ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED
LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15)
WHEREAS, the city is interested in expediting review of land use cases,
WHEREAS, there are occasions when pre-application meetings and neighborhood
meetings are not necessary,
WHEREAS, existing review process chart does not differentiate between the different
types of planned development applications,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 26-106. Review Process Chart of the Zoning and Development
Code is hereby amended with addition of the following chart:
Sec. 26-106. Review process chart.
Approval Requested
Pre-Application
Final
Notes
staff
Neighborhood
Staff
PC
CC
BOA URPC
Site Plan
4 X
A
A
§ 26-111
Major Subdivision
X
H
H
URA
§ 26-404.C
Minor Subdivision
(vi/dedications)
X
H
H
URA
§ 26-404.13
Minor Subdivision
(w/o dedications)
X
X
H
URA
Appeal to
CC § 26-
404.B
Minor Plat Correction,
Amendment, Revision
X
A
§ 26-409
Lot Line Adjustment
X
A
§ 26-410
Consolidation Plat
(vi/dedication)
4 X
H
H
URA
§ 26-004.1)
Consolidation Plat
(w/o dedication)
4 X
A
URA
§ 26-117
Waaaed gevelepmeni
X
X
k
k
l1RA
ARF III
Planned Development
Outline Development
Plan (ODP)
X
Ix
H
H
URA
2ART III
ATTACHMENT 2
Planned Development
Final Development
Plan (FDP)
X
H
H
URA
ART III
Planned Development
Outline Development
Plan Amendment
X
X
H
H
URA
2ART III
Planned Development
Final Development
Plan Amendment
X
H
H
URA
ART III
Rezoning,
X
X
H
H
URA
2§ 26-112
X
H
H
URA
2 § 26-113
H
X
H
§26149
X
A
H
URA
2-Appeal to
CC § 26-114
trative
X
A
A
'
Appeal to
BOA § 26-
115.GF
F
Varia nce-Regulw
Non-administrative
X
H
URA
§ 26-115.C
Temporary Permit
X
H
A
§ 26-1157
Interpretation
X
A
Appeal to
BOA § 26-
1151
Historic Designation
X
H
URA
ART IX
Planned Bldg. Group
4 X
A
A
3§ 26-116
Floodplam Permit-
Class I
X
A
06
Floodplain Permit-
Class II
4 X
H
4
06
Right-of-Way Vacation
X
H
H
URA
18
§
r If five fe uFOr fewer parcels, minor subdivision process applies. If five -eFmore than five
parcels, major subdivision process applies.
2 Right of protest applies: Section 26-112.F
s If four or more buildings are proposed, then Urban Renewal Authority review is required
4 A pre-application may not be required based on the complexity of the project.
Key:
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public 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 2. Safety Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 5. This ordinance shall take effect upon adoption, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this
24th day of November, 2003, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final Rassage set for January
12, 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 2004.
SIGNED by the Mayor on this day of 2004.
GRETCHEN CERVENY, MAYOR
ATTEST:
Pamela Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
1 ST publication
2nd publication
Wheat Ridge Transcript
Effective Date:
of wHenr ITEM NO:
Po
m REQUEST FOR CITY COUNCIL ACTION
~~ORAO~
COUNCIL MEETING DATE: November 24, 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE
ZONING AND DEVELOPMENT CODE BY ADOPTION OF AN
AMENDED LAND USE REVIEW PROCESS CHART (CASE NO.
ZOA-03-15)
❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: Nov. 24, 2003)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director
EXECUTIVE SUMMARY:
City Manager
When Chapter 26 was repealed and reenacted in February 2001, it included a land use review process
chart as section 26-106. The chart addresses all of the possible land use processes utilized by the
Community Development Department. The land use process chart indicates the process required and
review bodies (public hearings versus administrative review). It also specifies when pre-application
meetings and neighborhood meetings are required.
The proposed modifications should expedite review time for processing certain types of land use
applications. The mandatory pre-application meetings with staff will become optional based on the
complexity of the review required. Staff is also recommending that the required neighborhood
meetings for subdivision reviews be eliminated.
The existing chart does not distinguish between different types of planned development applications.
The proposed legislation breaks out zone changes and outline development plan approvals from final
development plan approvals and amendments to existing final development plans. The changes to the
chart address right-of-way vacations, which were not included in the existing chart.
Planning Commission reviewed this request on September 4, 2003, and recommended approval.
BOARD/COMMISSION RECOMMENDATION:
Planning Commission recommended approval of this ordinance with the following condition:
That wording in footnote #1 of the proposed review process chart is changed to read, " If
five or fewer parcels, minor subdivision process applies. If more than five parcels, major
subdivision process applies."
This change has been incorporated into page two of the chart in the proposed council bill.
STATEMENT OF THE ISSUES:
None.
ALTERNATIVES CONSIDERED:
Do not approve legislation.
FINANCIAL IMPACT:
The elimination of pre-application meetings and neighborhood meetings will result in a slight decrease
in revenue. However, this will be offset by a reduction of staff time spent on a project.
RECOMMENDED MOTION:
"I move to approve Council Bill. No. , Case No. ZOA-03-15, an ordinance amending
Section 26-106 of the zoning and development code by adoption of an amended land use review
process chart, ordered published, public hearing set for December 8, 2003, at 7:00 PM in the City
Council Chambers."
Or,
"I move to table indefinitely Council Bill No. Case No ZOA-03-15, an ordinance
amending Section 26-106 of the zoning and development code by adoption of an amended land use
review process chart."
Report Prepared by: Meredith Reckert, 303-235-2848
Reviewed by: Alan White
Attachments:
1. September 4, 2003, Planning Commission report
2. Council Bill No.
It was moved by Commissioner BERRY and seconded by Commissioner McMILLIN that
Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Zoning and
Development Code regarding planned development district regulations, be forwarded to
City Council with a recommendation of approval for the following reasons:
1. It alleviates redundant language.
2. It extends the time limit for mylar submittal.
3. It extends the time limit for final development plan expiration.
4. It allows more flexibility for approval of administrative final development plan.
With the following conditions:
1. Regarding Section 26-311.B.9, there be a limitation of gross floor area not to
exceed 10,000 square feet.
2. Following paragraph A of Section 26-311, the following words be added: and all
property owners who may be impacted by the proposed amendment to the final
development plan.
The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent.
E. Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat Ridge
Code of Laws concerning the review process chart.
This case was presented by Meredith Reckert. She reviewed the staff report and reviewed the
existing process chart comparing it with the proposed revisions.
It was moved by Commissioner McMILLIN and seconded by Commissioner STITES that
Case No. ZOA-03-15, a proposed amendment to Chapter 26 of the Zoning and
Development Code regarding the land use review process chart, be forwarded to City
Council with a recommendation of approval for the following reasons:
1. It will streamline the review process by simplifying the pre-application meeting
requirement.
2. It expedites the subdivision approval process by elimination of the neighborhood
meeting requirement.
3. It distinguishes between the different categories of planned development
approvals.
4. It reflects recent legislation regarding the special use process.
With the following condition:
1. That wording in footnote #1 of the proposed review process chart be changed to
read: Iffive orfewer parcels, minor subdivision process applies. If more than five
parcels, major subdivision process applies.
The motion passed 6-0 with Commissioners DAVIS and PLUMMER absent.
ning Commission Page 3
ember 4, 2003
City of Wheat Ridge ~F WHEgT~
Community Development Department
Memorandum c~<ORA~~
TO:
Planning Commission
FROM:
Meredith Reckert
SUBJECT:
Case No. ZOA-03-15/Review Process Chart
DATE:
August 29, 2003
Attached for the Planning Commission's consideration is the land use application review process
chart. The chart was incorporated into the Zoning and Development code when Chapter 26 was
rewritten in 2001. For comparison purposes, both the existing process chart (Exhibit 1) and the
proposed revisions (Exhibit 2) have been included. The format of the document uses ~~ke thfoughs
for deleted language and bolding for additions. All changes have been designated with shadowing;
Staff has incorporated the following recommendations:
Pre-application meetings: Currently, all land use processes require a formal pre-application
meeting with city staff. This includes large-scale subdivision and planned development
applications as well as less complex cases such as site plan approval with a building permit
and variances. Staff feels that in certain situations, the pre-application meeting requirement
creates a burden for the potential applicant in regards to time (about three weeks) and cost
(fee of $200). Therefore, staff is recommending the requirement be removed for city-
initiated rezonings, variances, temporary permits, zoning code interpretations, historic
designations and class I floodplain exceptions. Footnote "4" has been added which allows
discretionary pre-application review based on a project's complexity. Those land use cases
affected would include site plan approvals, consolidation plats, planned building group
approvals and class H floodplain exception permits.
• Neighborhood meeting requirement: On the existing chart, pre-application neighborhood
meetings are required for all zone changes and subdivisions. Staff is recommending this
requirement be removed for all subdivision approvals which will help expedite the review
process.
Planned development approvals: The category for planned development approvals does
not distinguish between the different categories of planned developments reflected in the
zoning code. The proposed chart distinguishes between outline development plans, final
development plans and amendments to both types of documents. Staff is recommending the
neighborhood meeting requirement apply to outline plan approvals and amendments to
outline plans as this is the true zoning step in the process. Staff is recommending this
requirement be removed from both final development plan approvals and final development
plan amendments. The category "outline" has been removed from the top of the chart as it
relates only to planned developments. The changes specified above eliminate the need for
this category at the top of the chart.
• Special use reviews: Ordinance No. 1291, special use approvals, removed the requirement
for neighborhood meetings and Planning Commission review. Exhibit 2 has been amended
to reflect that legislation.
• Zoning correction process: The zoning correction process (Section 26-119) has been
removed.
• Right-of-way vacations: Right-of-way vacation approvals have been added.
• Footnote "1": Footnote" 1" has been modified to accurately reflect the difference between
major and minor subdivisions in Article IV. of the Zoning and Development Code.
The chart will be put into ordinance form prior to City Council first reading.
RECOMMENDED MOTION: "I move that Case No. ZOA-03-15, a proposed amendment to
Chapter 26 of the Zoning and Development Code regarding the land use review process chart, be
forwarded to City Council with a recommendation of APPROVAL for the following reasons:
1. It will streamline the review process by simplifying the pre-application meeting
requirement.
2. It expedites the subdivision approval process by elimination of the neighborhood
meeting requirement.
3. It distinguishes between the different categories of planned development approvals.
4. It reflects recent legislation regarding the special use process."
INTRODUCED BY COUNCIL MEMBER DITULLIO
Council Bill No. 46-2003
Ordinance No. 1316
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-106 OF THE
ZONING AND DEVELOPMENT CODE ADOPTING AN AMENDED
LAND USE REVIEW PROCESS CHART (CASE NO. ZOA-03-15)
WHEREAS, the city is interested in expediting review of land use cases,
WHEREAS, there are occasions when pre-application meetings and neighborhood
meetings are not necessary,
WHEREAS, existing review process chart does not differentiate between the different
types of planned development applications,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 26-106. Review Process Chart of the Zoning and Development
Code is hereby amended with addition of the following chart:
Sec. 26-106. Review process chart.
Approval Requested
Pre-Application
Final
Notes
Staff
Neighborhood
Staff
PC
CC
BOA
URPC
Site Plan
<X
A
A
§ 26-111
Major Subdivision
X
X
H
H
URA
§ 26-404.C
Minor Subdivision
(w/dedications)
X
H
H
URA
§ 26-404.13
Minor Subdivision
(w/o dedications)
X
X
H
URA
Appeal to
CC § 26-
404.6
Minor Plat Correction,
Amendment, Revision
X
A
§ 26409
Lot Line Adjustment
X
A
§ 26-410
Consolidation Plat
w/dedication
^ X
H
H
URA
§ 26404.D
Consolidation Plat
(w/o dedication)
^X
A
URA
§ 26-117
Planned VeePF"e^t
X
X
Id
kl
UM
MARTIN
Planned Development
Outline Development
Plan (ODP)
X
X
H
H
URA
EIART111
Planned Development
Final Development
Plan (FDP)
X
H
H
URA
ART III
Planned Development
Outline Development
Plan Amendment
X
X
H
H
URA
2ART III
Planned Development
Final Development
Plan Amendment
X
H
H
URA
ART III
Rezoning, Private
X
X
H
H
URA
2§ 26-112
Rezoning, City
X
X
H
H
URA
2§ 26-113
'^^:~o gGaFFeG^ilon,
X
H
H
§26118
Special Use
X
X
A
H
URA
Appeal to
CC § 26-114
Variance--Administrative
X
A
A
ppeal to
BOA § 26-
115 C€
Variance-Regular
Non-administrative
X
H
URA
§ 26-115.C
Temporary Permit
X
H
A
§ 26-115.D
Interpretation
X
A
Appeal to
BOA § 26-
115.E
Historic Designation
X
H
URA
ART IX
Planned Bldg. Group
a X
A
A
3§ 26-116
Floodplain Permit-
Class I
X
A
§ 26-806
Floodplain Permit-
Class II
° X
H
H
§ 26-806
Right-of-Way Vacation
X
H
H
URA
§ 26-118
If five fetJFOr fewer parcels, minor subdivision process applies. If five AF more than five
parcels, major subdivision process applies.
2 Right of protest applies: Section 26-1121
3 If four or more buildings are proposed, then Urban Renewal Authority review is required.
4 A pre-application may not be required based on the complexity of the project.
Key
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public 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 2. Section 26-113, City-initiated Rezoning, be amended with the addition of the
following language as paragraph B.I.a., with subparagraphs a. and b. relettered as subparagraphs
b. and c.:
B. Procedure and notice:
General....
a. Prior to any public hearing before the planning commission, the
city shall be required to hold a neighborhood meeting according to
the requirements of Section 26-109 A. (See Section 26-109 A. for
requirements.)
Section 3. Section 26-114, Special Uses, be amended with the addition of the following
language as paragraph C. 2, with paragraphs 2, 3, and 4 renumbered as paragraphs 3, 4, and 5:
C. Application form and review procedures:
Prior to submittal of an application for a special use, the applicant shall be
required to hold a neighborhood input meeting according to the
requirements of Section 26-109 A. (See Section 26-109 A. for
requirements.)
Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained.
Section 5. 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 6. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 7. This ordinance shall take effect upon adoption, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this
24th day of November, 2003, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final assage set for January
12, 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of '12004.
SIGNED by the Mayor on this day of 2004.
GRETCHEN CERVENY, MAYOR
ATTEST:
Pamela Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL 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 September 4, 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 petitions shall be heard:
Case No. ZOA-03-13: An ordinance amending Section 26-110 of the Wheat
Ridge Code of Laws concerning cost recovery for construction of certain public
improvements.
Case No. ZOA-03-14: An ordinance amending Article III of Chapter 26 of the
Wheat Ridge Code of Laws pertaining to planned developments.
'v'Case No. ZOA-03-15: An ordinance amending Section 26-106 of the Wheat
Ridge Code of Laws concerning the review process chart.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: August 28, 2003
Case No.: OA0315 Quarter Section Map N o.: I -
App: Last Name: Pity Related Cases: I _
App: First N ame: Case Histor y: rconerning
iew process chart
r: Last Name: ~
Owne Owner: First Nam e: r~ - - -
App Addre ss: I Review Body: PC - 9/4/03
City, State Z ip: r
App: Pho ne: 1 APN:
Owner Address: 2nd Revie wBody: CC
City/St ate/Zip: 2nd Review Date : I
Owner Phone: Decision-making Body CC
ProjectAddress: r- Approval/Denial Date: I
Street Name : r-
City/State, Zip: Re so/Ordinance No.:
Case Disposition: Conditions of Approval:
District:
Project Planner: Reckert File Lo cation: [Active Date Rec eived: /19/2003..
Not es: I
Pre-App Date: I
Follow- Up: ~
GOtO'p~98"~4