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HomeMy WebLinkAboutZOA-03-17INTRODUCED BY COUNCIL MEMBER Stites Council Bill No. 06-2004 -Ordinance No. 1321 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, action, WHEREAS, the special use permit procedures have been modified by City Council BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A. Any pr-eliminaiy or- final approval of a site development shall expire and become null and void if: one (1) year of sueh appfeval, or- approvals, (1). For pr-elimiaafy approvals, an appliea4iaii for final appr-eval is not f~led_ 0.44hin a..Trnc~ ffefn the date of final . or 7FH'° y °-1.: sed £ - ;w4hin ee /l n........,............... e......, ..y(. ....yo ......vas at auay time after weA&~s ee need. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. Fer- i:ezening, plapaed development and speeial use final site development approvals, For special uses approved through a public hearing process, a public hearing before the city council in the mannef -°'0 fiqff ""°1- ° shall be held to confirm whether the zoning and fer permitted use of the property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 in this 22nd day of March 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 12 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to 0 this 12th day ofApr; t 2004. SIGNED by the Mayor on this 13th day of April '2004. ,MAYOR A T. L \Pzmdfa Y. A: d rron, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY v GE DAHL, CITY ATTORNEY lsTpublication: March 25, 2004 2nd publication: April 15, 2004 Wheat Ridge Transcript Effective Date: April 30, 2004 3 CITY COUNCIL MINUTES: April 12, 2004 Page -3- Motion by Mr. DiTullio to amend the main motion to add the following language to Sections 26-309 E. F. and G. Add the following to paragraph E. This provision does not apply to requirements listed under Article IV Subdivision Regulations; seconded by Mrs. Rotola; carried 8-0. Original Motion as amended carried 8-0. Item 3. COUNCIL BILL 06-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO EXPIRATION IF OF DEVELOPMENT PLANS. (Case No. ZOA-03-17) Council Bill 06-2004 was introduced on second reading by Mr. Stites; title and executive summary read by Pam Anderson. Ms. Anderson assigned Ordinance No. 1321. Meredith Reckert, Community Development, present8d the staff report. Motion by Mr. Stites that Council Bill 06-2004 (Ordinance 1321) be approved on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES. (Case No. ZOA-04-01) Council Bill 07-2004 was introduced on first reading by Ms. Berry. Motion by Ms. Berry to approve Council Bill 07-2004, Case No. ZOA-04-01, on first reading, ordered published, public hearing set for April 26, 2004, at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Item 5. Chief Edward Pinson Memorial. Item 5 was introduced by Mr. Stites. The executive summary was read by Pam Anderson. f WHEAL P° ITEM NO: I HOC ORPOO REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: COUNCIL BILL NO. 06-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (CASE NO. ZOA-03-17) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date- March 22, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director V City Man*r EXECUTIVE SUMMARY: Section 26-107 of Chapter 26 is intended to address the expiration for different types of development approvals. However, some of the land development approvals have different terms of expiration which is codified elsewhere in the code of laws. For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the tern of expiration for variances is specified in Section 26-115 (vanance/waivers/ temporary permits/interpretations), it is not included in Section 26-107 Other expiration periods addressed include the revised special use procedures adopted by City Council in 2003 and the expiration for building permits after construction has commenced. Both preliminary and final development plan approvals are specified to expire within one year. Staff is recommending this expiration date be removed for both types of approval. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. Planning Commission reviewed this case at public hearings held on December 4, 2003, and February 5, 2004 A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on December 4, 2003. The item was continued until February 5, 2004, when a recommendation of approval was made for the following reasons. 1 The proposed language distinguishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity. 3 The proposed language reflects changes to the special use permit procedures. 4 The proposed language allows staff flexibility in dealing with final development plans. There were no conditions attached to the approval recommendation. STATEMENT OF THE ISSUES: The most significant changes proposed by staff are the expiration periods for planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders office, but the existing provision in section 26-107 provides a one-year expiration period for both documents. The outline development plan is the rezoning step Staff believes that it is unrealistic for this zoning approval to expire. We are recommending that this provision be removed so that outline development plans remain in effect in perpetuity Staff is also recommending that there be no specific expiration dates for final development plans. All final development plans are required to have a construction schedule which specifies approximate dates for project commencement and completion. If a building permit is submitted for an approved development plan after the construction schedule has expired, staff can require amendment to the plan to extend the schedule through a public hearing process. ALTERNATIVES CONSIDERED: Staff's original recommendation to Planning Commission included a three-year expiration for planned development final development plan approvals. After considerable discussion, we concluded that it is impossible to write a regulation that is "one size fits all". Removal of a specific, codified period for expiration will allow staff more flexibility to deal with expired final development plans. The expiration for final development plans will be tied to the construction schedule specified on the fdp. FINANCIAL IMPACT: None. 2 RECOMMENDED MOTION: "I move to approve Council Bill. No 06-2004, Case No. ZOA-03-17, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development plans, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 06-2004, Case No ZOA-03-17, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development plans, on second reading with the following findings. 2" Report Prepared by Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments. 1 February 5, 2004, Planning Commission report 2. Council Bill No 06-2004 zoa0317CouncilActI streading 3 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: 1"Meredith Reckert SUBJECT: Case No ZOA- 03-17/Expiration of Development Plans DATE: January 29, 2004 This Case is Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is an ordinance amending Section 26-107 of the Zoning and Development Code relating to the expiration of development approvals and reapplications. On December 4, 2003, Staff discussed this proposed amendment with Planning Commission Attached is staff's original memo and recommended language provided to the Commission Attached also are the minutes from the December meeting. Please note that in reviewing the minutes, there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. The second issue will be discussed at a future public hearing dealing specifically with the planned development district regulations. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in sHi1tethfough. This case was continued to February 5, 2004 Summary of Ordinance Changes The current regulations have been amended as follows. 1 The expiration term of one year for a preliminary development plan (now called outline development plan) approval has been removed. These documents will remain in effect in ATTACHMENT I perpetuity 2 The expiration term of one year for a final development plan approval has been removed. These documents will also remain in effect to perpetuity See discussion under "Staff comments" 3 The expiration period for variances as specified in Section 26-115 4 has been included. 4 The terms for expiration of special use approvals have been modified to be consistent with the changes to the special use procedures approved by City Council in 2003 5 The section addressing budding permits has been expanded to address cessation of construction activity Staff Comments The outline development stage is the rezoning approval As with any zoning, it remains in effect until such time as the landowner requests a change or the City initiates a citywide rezoning. Outline development plans should not have an expiration timeframe Staff's original language to Planning Commission included a three-year expiration for planned development final development plan approvals After considerable discussion at the staff level, we concluded that it is impossible to write a regulation that is "one size fits all" We think that instead of establishing yet another process, it is easier to deal with expired development plans on _ a case-by-case basis. Remember too, that all final development plans are required to have a construction schedule which specifies approximate dates for project commencement and completion If a building permit is submitted for an approved development plan after the construction schedule has expired, staff can require amendment to the plan to extend the schedule. Recommended Motion " I move that Case No ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plans, be forwarded to City Council with a recommendation of APPROVAL for the following reasons- 1 The proposed language distinguishes between different types of development plan approvals 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity 3 The proposed language reflects changes to the special use permit procedures. 4 The proposed language allows staff flexibility in dealing with final development plans." Exhibits: 1 Original memo to Planning Commission with suggested language dated 11/28/03 2. Minutes of Planning Commission meeting dated 12/04/03 3 Proposed Ordinance City of Wheat Ridge of '""EAT Community Development Department v m Memorandum cO~~RpO~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-17/expiration of development plan approvals DATE: November 28, 2003 Attached is proposed legislation amending Section 26-107 of the zoning and development code relating to the expiration of development approvals. As always, new language is shown in bold typeface and deletions are shown with strike thfoughs. Many of the land development approvals have different terms of expiration. For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the term of expiration for variances is specified in Section 26-115 (Van ance/w ai vers/temporary permits/interpretations), it is not included in Section 26-107. Section 3 of the proposed legislation has been expanded to address the revised special use procedures adopted by City Council earlier this year The term of expiration for building permits after construction has commenced has been included in Section 4. The most significant changes address the expiration of planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders Office, but the existing provision in section 26-107 provides a one-year expiration period for both documents. The outline development plan is the rezoning step Staff believes that is unrealistic for this zoning approval to expire. We are recommending that this provision be removed so that outline development plans remain in effect in perpetuity Staff has recommended that approved final development plans expire within three years of approval if no building permit activity commences. The City has numerous final development plans that were approved over 20 years ago but never constructed. These old final development plans are typically substandard to today's development standards for lighting, landscaping and signage. In many instances none of these development standards are addressed at all The burden then falls back on staff to deternune how or whether today's standards should be applied. Many times the circumstances surrounding the original fdp approval have changed, It would therefore make sense to have outdated final plan approvals expire. However, many times once a final development plan public hearing process is completed, the market for the approved development has changed and financing is not available. Is it reasonable to require that a developer reapply to get the original final development approved again? Should this approval be through a public hearing process or should it be an administrative approval? Finally, should final development expirations be retroactive to old projects or should it apply to new approvals only? EXHIBIT 1 I Staff acknowledges that there should more discussion and consideration on the proposed changes to final development plan expirations. For these reasons we are recommending discussion be continued until the first available public hearing date in January RECOMMENDED MOTION: "I move that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plan approvals, be continued until January 15, 2004 " 2 CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A. Any pr-eliminar-y or approval of a site development plan shall expire and become null and void if. (1). For pfelifninary appFevals, an appheation for- final approval is no! filed W one (1) year- of sueh approval, of (2) (1) For planned development district final development plan approvals, a building permit is not issued for the work authorized within one ('~~~)-yeaF three (3) years from the date of final development plan approval of if the °-'i is eeased -r- mefe at an), tifne after work is fOF a period of ofie hundred twenty (1211 A-- 0 lilt. (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. For- rezening, planned development an a4 use fitia a pment apple as,; For special uses approved through a public hearing process, a public hearing before the city council : the inanner - ed r^r- F""' reviebv shall be held to confirm whether the zoning arm io permitted use of the property shall revert to that in place prior to the expired 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. (4) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter C. A new application for substantially the same development process may not be refiled for one (1) year after denial. B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans She didn't check to see what Planning Commission December 4, 2003 Page 3 EXHIBIT 2 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS • Alan White reported that AutoNation is in the rocess of installing a wetlands/detention pond and storm sewer improvements out to 38` Avenue A building permit for their new budding is anticipated in the spring. They have indicated they want to be open by January, 2005. • In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS • Alan White reported that the December 18`h Planning Commission agenda will include RV regulations. _ • Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. ~n11 ~C'R ~tvzQ~ Marian McNamee, Chair Ann Lazzeri, Rccordin06&etary Planning Commission December 4, 2003 Page 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. -2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT CODE PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A Any pfelinitnary or-al approval of a site development shall expire and become null and void if (1) Fof pfeliffl!"ary flppfovals, an application fof final approval is not filed W one (1) year of sue's appfovftl, of (2) For final appfoya4s, a building permitis no- , issued for the work authoFize within 6Re (44-y23r from the date of ftnal appfoyal. or if rl 1 d F pefied of one htifidFed twenty (120) days of fn iftef war-k is eeffifneneed. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. EXHIBIT 3 1 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. Faf fezenifig, planned development an speetal use final site develepfn approvals, For special uses approved through a public hearing process, a public hearing before the city council the ma ,;,er required for- final F shall be held to confirm whether the zoning and /er permitted use of the property shall revert to that in place prior to the expired approval (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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 to in this day of , 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`h Avenue, Wheat Ridge, Colorado 2 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 1ST publication 2°a publication Wheat Ridge Transcript Effective Date 3 INTRODUCED BY COUNCIL MEMBER Stites Council Bill No. 06-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A. Any preliminary or- approval of a site development shall expire and become null and void if- (1). For- pr-eliminar-5, + approval, one (1) yeaf of sueh e For- final appfovals, a building permit is not issued fef the work atAer-ize ~l of o e hundred twef4y (1 20) days o "r any ti"'e .,Fier . edc period end (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. ATTACHMENT 2 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. Fef rezening, planned development and speeial use final site developm approvals, For special uses approved through a public hearing process, a public hearing before the city council i the mannef f°a f f final r iew shall be held to confirm whether the zoning and /o permitted use of the property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of s to 0 in this 22nd day of March , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 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 Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY I ST publication: March 25, 2004 2nd publication. Wheat Ridge Transcript Effective Date 3 F WHEAT o ,p ~ o V ~1 ~~COHPDo ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 22, 2004 TITLE: COUNCIL BILL NO. 06-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (CASE NO. ZOA-03-17) ❑ PUBLIC HEARING ® ORDINANCES FOR I ST READING (Date: March 22, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 4 4V Community Development Director EXECUTIVE SUMMARY: City Manager Section 26-107 of Chapter 26 is intended to address the expiration for different types of development approvals. However, some of the land development approvals have different terms of expiration which is codified elsewhere in the code of laws. For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the term of expiration for variances is specified in Section 26-115 (Variance/waivers/ temporary permits/interpretations), it is not included in Section 26-107. Other expiration periods addressed include the revised special use procedures adopted by City Council in 2003 and the expiration for building permits after construction has commenced. Both preliminary and final development plan approvals are specified to expire within one year. Staff is recommending this expiration date be removed for both types of approval. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. Planning Commission reviewed this case at public hearings held on December 4, 2003, and February 5, 2004. A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on December 4, 2003. The item was continued until February 5, 2004, when a recommendation of approval was made for the following reasons: 1. The proposed language distinguishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity. 3. The proposed language reflects changes to the special use permit procedures. 4. The proposed language allows staff flexibility in dealing with final development plans. There were no conditions attached to the approval recommendation. STATEMENT OF THE ISSUES: The most significant changes proposed by staff are the expiration periods for planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders office, but the existing provision in section 26-107 provides a one-year expiration period for both documents. The outline development plan is the rezoning step. Staff believes that is unrealistic for this zoning approval to expire. We are recommending that this provision be removed so that outline development plans remain in effect in perpetuity. Staff is also recommending that there be no specific expiration dates for final development plans. All final development plans are required to have a construction schedule which specifies approximate dates for project commencement and completion. If a building permit is submitted for an approved development plan after the construction schedule has expired, staff can require amendment to the plan to extend the schedule through a public hearing process. ALTERNATIVES CONSIDERED: Staffs original recommendation to Planning Commission included a three-year expiration for planned development final development plan approvals. After considerable discussion, we concluded that it is impossible to write a regulation that is "one size fits all". Removal of a specific, codified period for expiration will allow staff more flexibility to deal with expired final development plans. The expiration for final development plans will be tied to the construction schedule specified on the fdp. FINANCIAL IMPACT: None. "I move to approve Council Bill. No. 06-2004, Case No. ZOA-03-17, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development plans, ordered published, public hearing set for April 12, 2004, at 7:00 PM in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 06-2004, Case No ZOA-03-17, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to expiration of development plans." Report Prepared by: Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments: 1. February 5, 2004, Planning Commission report 2. Council Bill No. 06-2004 CouncilActionform City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: 1~Meredith Reckert SUBJECT: Case No. ZOA- 03-17/Expiration of Development Plans DATE: January 29, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is an ordinance amending Section 26-107 of the Zoning and Development Code relating to the expiration of development approvals and reapplications. On December 4, 2003, Staff discussed this proposed amendment with Planning Commission. Attached is staff's original memo and recommended language provided to the Commission. Attached also are the minutes from the December meeting. Please note that in reviewing the minutes, there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. The second issue will be discussed at a future public hearing dealing specifically with the planned development district regulations. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in ugh. This case was continued to February 5, 2004. Summary of Ordinance Changes The current regulations have been amended as follows: 1. The expiration term of one year for a preliminary development plan (now called outline development plan) approval has been removed. These documents will remain in effect in ATTACHMENT I perpetuity. 2. The expiration term of one year for a final development plan approval has been removed. These documents will also remain in effect in perpetuity. See discussion under "Staff comments". 3. The expiration period for variances as specified in Section 26-115.4. has been included. 4. The terms for expiration of special use approvals have been modified to be consistent with the changes to the special use procedures approved by City Council in 2003. The section addressing building permits has been expanded to address cessation of construction activity. Staff Comments The outline development stage is the rezoning approval. As with any zoning, it remains in effect until such time as the landowner requests a change or the City initiates a citywide rezoning. Outline development plans should not have an expiration timeframe. Staff's original language to Planning Commission included a three-year expiration for planned development final development plan approvals. After considerable discussion at the staff level, we concluded that it is impossible to write a regulation that is "one size fits all". We think that instead of establishing yet another process, it is easier to deal with expired development plans on a case-by-case basis. Remember too, that all final development plans are required to have a construction schedule which specifies approximate dates for project commencement and completion. If a building permit is submitted for an approved development plan after the construction schedule has expired, staff can require amendment to the plan to extend the schedule. Recommended Motion I move that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plans, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed language distinguishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity. 3. The proposed language reflects changes to the special use permit procedures. 4. The proposed language allows staff flexibility in dealing with final development plans." Exhibits: 1. Original memo to Planning Commission with suggested language dated 11/28/03 2. Minutes of Planning Commission meeting dated 12/04/03 3. Proposed Ordinance City of Wheat Ridge ~pF WHEAT Community Development Department Memorandum CO~QRpO~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-17/expiration of development plan approvals DATE: November 28, 2003 Attached is proposed legislation amending Section 26-107 of the zoning and development code relating to the expiration of development approvals. As always, new language is shown in bold typeface and deletions are shown with strike throug)s. Many of the land development approvals have different terms of expiration. For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the term of expiration for variances is specified in Section 26-115 (Variance/waivers/temporary permits/interpretations), it is not included in Section 26-107. Section 3 of the proposed legislation has been expanded to address the revised special use procedures adopted by City Council earlier this year. The term of expiration for building permits after construction has commenced has been included in Section 4. The most significant changes address the expiration of planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders Office, but the existing provision in section 26-107 provides a one-year expiration period for both documents. The outline development plan is the rezoning step. Staff believes that is unrealistic for this zoning approval to expire. We are recommending that this provision be removed so that outline development plans remain in effect in perpetuity. Staff has recommended that approved final development plans expire within three years of approval if no building permit activity commences. The City has numerous final development plans that were approved over 20 years ago but never constructed. These old final development plans are typically substandard to today's development standards for lighting, landscaping and signage. In many instances none of these development standards are addressed at all. The burden then falls back on staff to determine how or whether today's standards should be applied. Many times the circumstances surrounding the original fdp approval have changed. It would therefore make sense to have outdated final plan approvals expire. However, many times once a final development plan public hearing process is completed, the market for the approved development has changed and financing is not available. Is it reasonable to require that a developer reapply to get the original final development approved again? Should this approval be through a public hearing process or should it be an administrative approval? Finally, should final development expirations be retroactive to old projects or should it apply to new approvals only? EXHIBIT 1 Staff acknowledges that there should more discussion and consideration on the proposed changes to final development plan expirations. For these reasons we are recommending discussion be continued until the first available public hearing date in January. RECOMMENDED MOTION: "I move that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plan approvals, be continued until January 15, 2004." CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A. Any preliminary E)r- al approval of a site development plan shall expire and become null and void if. (1). Fey- preiiminai~y approvals, an applieation for final Yappreval is net filed Withi ,v (?4 (1) For planned development district final development plan approvals, a building permit is not issued for the work authorized within ^n°'~ 1r three (3) years from the date of final development plan approval or if the ...,._l. :s far- a per-ied of ene hundred twenty (120) days or mere at any fiffie aRer work is eeffffnenoed-. (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. Fey rezoning, ed de elo r :d spesial tise fin l site a,.. elep- epA appr,.,..,1. For special uses approved through a public hearing process, a public hearing before the city council in the mannef: required for final review shall be held to confirm whether the zening and or permitted use of the property shall revert to that in place prior to the expired 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. (4) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the fmal development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is, 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission Page 3 December 4, 2003 EXHIBIT 2 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS Alan White reported that AutoNation is in the rocess of installing a wetlands/detention pond and storm sewer improvements out to 38` Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by January, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS Alan White reported that the December 18`h Planning Commission agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. Marian McNamee, Chair ri, Ann Lazzeri Recordin retazy Planning Commission December 4, 2003 Page 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. -2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT CODE PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A. Any preliminary of final approval of a site development shall expire and become null and void if: (1). For prelimin&y approvals, an applieation for final approval is not filed within one (1) yeaf of sueh approval,--of Q) For final approvals, a building peffitit is not issued for the woric atithorize within one (1) year from the date of final appfe-val. of if the were.:.. e eased Fe- peiied of one handfed twenty (120) days of ffiefe at afiy tiffie aftef weflE is ed (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. EXHIBIT 3 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. L''"'. zeni..,. -planed `e elopment and- speeial use final site develepment apprevals, For special uses approved through a public hearing process, a public hearing before the city council ' shall be held to confirm whether the aeaieg and /er permitted use of the property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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 to in this day of 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2 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 1sT publication: 2"d publication: Wheat Ridge Transcript Effective Date: 3 INTRODUCED BY COUNCIL MEMBER Council Bill No. 06-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A. Any prelifninaFy or final approval of a site development shall expire and become null and void i£ pli ...tier fe f final a ...1 : not filed yAthi (1). For 1' y rr 1 > eprr one (1) . of ....eh a ..i•i•'T°ciavx-ocao.. •...1 Czl For finel , a building pefmit is not issued for the work authorized wA"n one (1) ye fFem the date of ~ . er-if--the l yr E is ceased for a 13 e6e d e f a ne hundr-e d twenty ( 120'. days e r- m e f e at any fime aftef work i s mod. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. ATTACHMENT 2 For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. For- b, planned di r appfeval, For special uses approved through a public hearing process, a public hearing before the city council ' the marmer fired for final -ei4ew shall be held to confirm whether the zoning and /ef permitted use of the property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2004, 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 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 12004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 Sr publication: 2nd publication: Wheat Ridge Transcript Effective Date: City of Wheat Ridge Planning and Development Department Memorandum TO: ~/Planning Commission FROM: ilaMeredith Reckert SUBJECT: Case No. ZOA- 03-17/Expiration of Development Plans DATE: January 29, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is an ordinance amending Section 26-107 of the Zoning and Development Code relating to the expiration of development approvals and reapplications. On December 4, 2003, Staff discussed this proposed amendment with Planning Commission. Attached is staff's original memo and recommended language provided to the Commission. Attached also are the minutes from the December meeting. Please note that in reviewing the minutes, there was intermingled discussion regarding both the expiration of plan approvals and the issue of old development plans inconsistent with today's development standards. The second issue will be discussed at a future public hearing dealing specifically with the planned development district regulations. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in ougk. This case was continued to February 5, 2004. Summary of Ordinance Changes The current regulations have been amended as follows: 1. The expiration term of one year for a preliminary development plan (now called outline development plan) approval has been removed. These documents will remain in effect in 1 perpetuity. 2. The expiration term of one year for a final development plan approval has been removed. These documents will also remain in effect in perpetuity. See discussion under "Staff comments". 3. The expiration period for variances as specified in Section 26-115.4. has been included. 4. The terms for expiration of special use approvals have been modified to be consistent with the changes to the special use procedures approved by City Council in 2003. 5. The section addressing building permits has been expanded to address cessation of construction activity. Staff Comments The outline development stage is the rezoning approval. As with any zoning, it remains in effect until such time as the landowner requests a change or the City initiates a citywide rezoning. Outline development plans should not have an expiration timeframe. Staff's original language to Planning Commission included a three-year expiration for planned development final development plan approvals. After considerable discussion at the staff level, we concluded that it is impossible to write a regulation that is "one size fits all". We think that instead of establishing yet another process, it is easier to deal with expired development plans on a case-by-case basis. Remember too, that all final development plans are required to have a construction schedule which specifies approximate dates for project commencement and completion. If a building permit is submitted for an approved development plan after the construction schedule has expired, staff can require amendment to the plan to extend the schedule. Recommended Motion "I move that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plans, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed language distinguishes between different types of development plan approvals. 2. The proposed language recognizes the planned development outline development plan as the zoning document which should remain in effect in perpetuity. 3. The proposed language reflects changes to the special use permit procedures. 4. The proposed language allows staff flexibility in dealing with final development plans." Exhibits: 1. Original memo to Planning Commission with suggested language dated 11/28/03 2. Minutes of Planning Commission meeting dated 12/04/03 3. Proposed Ordinance City of Wheat Ridge ~oF WHEgT~/ Community Development Department Memorandum ~o<oRa~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-17/expiration of development plan approvals DATE: November 28, 2003 Attached is proposed legislation amending Section 26-107 of the zoning and development code relating to the expiration of development approvals. As always, new language is shown in bold typeface and deletions are shown with strike-tkreaghs: Many of the land development approvals have different terms of expiration. For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the term of expiration for variances is specified in Section 26-115 (Variance/waivers/temporary permits/interpretations), it is not included in Section 26-107. Section 3 of the proposed legislation has been expanded to address the revised special use procedures adopted by City Council earlier this year. The term of expiration for building permits after construction has commenced has been included in Section 4. The most significant changes address the expiration of planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders Office, but the existing provision in section 26-107 provides a one-year expiration period for both documents. The outline development plan is the rezoning step. Staff believes that is unrealistic for this zoning approval to expire. We are recommending that this provision be removed so that outline development plans remain in effect in perpetuity. Staff has recommended that approved final development plans expire within three years of approval if no building permit activity commences. The City has numerous final development plans that were approved over 20 years ago but never constructed. These old final development plans are typically substandard to today's development standards for lighting, landscaping and signage. In many instances none of these development standards are addressed at all. The burden then falls back on staff to determine how or whether today's standards should be applied. Many times the circumstances surrounding the original fdp approval have changed. It would therefore make sense to have outdated final plan approvals expire. However, many times once a final development plan public hearing process is completed, the market for the approved development has changed and financing is not available. Is it reasonable to require that a developer reapply to get the original final development approved again? Should this approval be through a public hearing process or should it be an administrative approval? Finally, should final development expirations be retroactive to old projects or should it apply to new approvals only? EXHIBIT 1 Staff acknowledges that there should more discussion and consideration on the proposed changes to final development plan expirations. For these reasons we are recommending discussion be continued until the first available public hearing date in January. RECOMMENDED MOTION: "I move that Case No. ZOA-03-17, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding the expiration of development plan approvals, be continued until January 15, 2004." 2 CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A. Any preliminary final approval of a site development plan shall expire and become null and void if: approvals, (1). For preliminary an applieatien fer final Yapproval is not filed within efte (1) year of side approval, (2) (1) For planned development district final development plan approvals, a building permit is not issued for the work authorized within one (1) yea= three (3) years from the date of final development plan approval. r if tilt-, viork is ceased for a peried of one litifidred twenty (1-20) days or- more at any time after wME is d (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. n planned devel oilmen special . e final site de- elop--.,,,,t approva4s For special uses approved through a public hearing process, a public hearing before the city council i the -main` required ` - final revie~ shall be held to confirm whether the zoning aiad /e permitted use of the property shall revert to that in place prior to the expired 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. (4) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. B. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approvals. Meredith Reckert presented this matter. She reviewed the staff report and noted that staff recommended removal of time limits on outline development plans so they remain in perpetuity. However, staff acknowledges there should be more discussion and consideration on the proposed changes to the final development plan expirations and recommended continuation of that discussion to a later time. Alan White explained that there are final development plans that are 30 years old where the outline plan sets the standard for landscaping at 8% to 10%. The current requirement for landscaping is 20%. Commissioner McNAMEE asked how many old planned developments exist that have never been developed. Alan White explained that most situations deal with the last one or two buildings within an old planned development. He estimated there are probably two dozen of these situations. Commissioner PLUMMER suggested a requirement that, if not developed within a certain number of years, the plan must be reviewed which would involve new application fees. Commissioner STITES suggested a requirement that the application must be brought up to current code requirements after a certain time limit has passed. Commissioner McMILLIN asked about an applicant's vested rights with prior development approval. Alan White explained that the statutory limit for vested rights is three years. However, a developer could come in and request a vested rights agreement but such agreement would have to be reviewed and approved by City Council. Commissioner PLUMMER expressed concern that large projects sometimes take longer than three years to prepare for construction and drainage, roadway and other conditions could change during that time. Alan White explained that notices of any such changes in Planned Developments are given to the owners or developers of surrounding properties. Commissioner McMILLIN suggested a provision to shift amenities such as landscaping according to changes that have taken place since the initial approval. Commissioner McNAMEE asked if there were time restrictions for a developer to begin or complete his project. Alan White stated that there is the one-year restriction to begin building. He noted that a provision in the code adopted two years ago stated that building needed to begin within one year of adopting the code or their approval would expire. No notice to owners was given of this requirement. No one responded to this action. Commissioner McMILLIN suggested a survey of other municipalities regarding their regulations. Meredith Reckert stated that she checked with other municipalities and found that most have a three-year limitation on final development plans. She didn't check to see what Planning Commission Page 3 December 4, 2003 EXHIBIT 2 procedures were in place when the time limitation is up and indicated that she would contact neighboring municipalities regarding this matter. It was moved by Commissioner PLUMMER and seconded by Commissioner McMILLIN that Case No. ZOA-03-17, an ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval, be continued to February 5, 2004. The motion passed unanimously. 8. OLD BUSINESS Alan White reported that AutoNation is in the rocess of installing a wetlands/detention pond and storm sewer improvements out to 38` Avenue. A building permit for their new building is anticipated in the spring. They have indicated they want to be open by January, 2005. In response to a question from Commissioner McNAMEE regarding the temporary lot at Lutheran Hospital, Meredith Reckert explained this will accommodate construction and employee parking that is being displaced by the new medical building construction. This is being processed as an administrative amendment and staff is attempting to stay cognizant of neighborhood concerns. Alan White reported that there is a 5-year time limit on the temporary lot. 9. NEW BUSINESS Alan White reported that the December 18`h Planning Commission agenda will include RV regulations. Meredith Reckert reported that the interview process has begun to fill the planner technician vacancy. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner STITES to adjourn the meeting at 7:55p.m. The motion passed unanimously. Marian McNamee, Chair f Ann Lazzeri, Recordin SS r~ etary Planning Commiss December 4, 2003. Page 4 INTRODUCED BY COUNCIL MEMBER Council Bill No. -2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT CODE PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the existing language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remain in effect in perpetuity, WHEREAS, the special use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Section 26-107. Expiration of development approval; reapplications. A. Any preliminafy or final approval of a site development shall expire and become null and void if: roval is not filed within t-i 1- : fi l l li (1). For preli minary appro on 11 na up e-a va s, an app one (1) yeex Of sue' appro val, or (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) 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. EXHIBIT For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. r appfevals, For special uses approved through a public hearing process, a public hearing before the city council ' the mannef fired fcr final review shall be held to confirm whether the zeniiig and /E) permitted use of the property shall revert to that in place prior to the expired approval. (3) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. 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 to in this day of 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 4h 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 12004. 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: 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 December 4, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-03-16: An ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing notice and procedure. Case No. ZOA-03-17: An ordinance amending Section 26-107 of the Wheat Ridge Code of Laws concerning expiration of development approval. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: November 27, 2003 City of Wheat Ridge ~oF WHEgT~ Community Development Department Memorandum ORA~~ TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-03-17/expiration of development plan approvals DATE: November 28, 2003 Attached is proposed legislation amending Section 26-107 of the zoning and development code relating to the expiration of development approvals. As always, new language is shown in bold typeface and deletions are shown with stril(e throeghs. Many of the li~dop"' t approvals have d ffjjpteof eXilra% For example, a variance approval becomes null and void if a building permit is not issued within 180 days. While the term of expiration for variances is specified in Section 26-115 (Variance/waivers/temporary permits/interpretations), it is not included in Section 26-107. Section 3 of the proposed legislation has been expanded to address the re.d~ ptures adopted by City Council earlier this year. The t included in has been 'I`fie most significant changes address the expiration of planned development preliminary development plan (now called outline development plan) and final development plan approvals. Both outline and final development plans are recorded with the Jefferson County Clerk and Recorders Office, but the e 's d for both documents. The ne evelopment p an is the rezoning step. Staff believes that is Kwe tte otaCzigRZ. pire. We are recommending that this provision be removed so that outline development pladjL6P athw Staff has recommended that approved~~ t plans expire wars gfapr~o fotuldrrp~mt aettvziycoeaes. The City has numerous final development plans that were approved over 20 years ago but never constructed. These " t plans are typically su3aszl~~gnit lighting, andscaping and signage. In many instances none of these development standards are addressed at all. The burden then falls back on staff to determine how or whether today's standards should be applied. Many times the circumstances surrounding the original fdp approval have changed. It would thereforea3eesense Yge•I have outdated final plan approvals expire. However, many times once a final development plan public hearing process is completed, the market for the approved development has changed and financing is not available 4, MM na$leati xeq iM ~}aper-rappkYq~"the e e e `TM p a ,_,_°g%ain? Should this approval be through a J~gr" oz should itlttinstratrve appro oTddlio shcaad it applye~ Finally, should final development expirations bAjNp$gVffl approvals only? CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A Any preli iiiaf of final approval of a site development plan shall expire and become null and void if: (1). For J approvals, aapplieatien for- final appreval is net filed withi - one (1) yeaF of such appre~,,al, of (2-) (1) For planned development district final development plan approvals, a building permit is not issued for the work authorized within ^~°year- three (3) years from the date of final development plan approval. if the week is for a period of one h ~a'°a twenty (120) days or- mere at an), time after- wefk is eemmeneed, (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. :al use final site For- rei~aning, planned develepmei4 an development approvals For special uses approved through a public hearing process, a public hearing before the city council ired fer final re;ie: shall be held to confirm whether the zoning and-/er permitted use of the property shall revert to that in place prior to the expired 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. (4) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. City of Wheat Ridge of ""Eqr~ Community Development Department Memorandum ORA~~ TO: Alan, Travis, Mike FROM: Meredith SUBJECT: Zoning Code amendments DATE: October 6, 2003 Attached are two proposed zoning code amendments for review by Planning Commission on October 16, 2003. Please review so we can discuss Tuesday at division meeting. Both ordinances clean up language revised by the previous code amendments dealing with special use procedures, planned development changes and modifications to the land use process chart. CASE NO. ZOA-03-17/expiration of development approval Section 26-107. Expiration of development approval; reapplications. A. Any p-eliminaf final approval of a site development plan shall expire and become null and void if: (1). Fer pr-eliminafy appr-evals, an applieatieii f9r final approval is not filed OMhifl. one (1) year of sueh approval, or (2) (1) For planned development district final development plan approvals, a building permit is not issued for the work authorized within one (1) yeaz three (3) years from the date of final development plan approval. or if the werk is fey a period of one hundr-ed twefAy(120) days or fnere a+ any time after wer4~ is eommeiieed. (2) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (3) For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. Fe r- ..1°fifi°a develepm°..t mid r ial use final site develapmerA approvals, For special uses approved through a public hearing process, a public hearing before the city council in the mannef required for- final review shall be held to confirm whether the zoning and /or permitted use of the property shall revert to that in place prior to the expired 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. (4) Any issued building permit shall expire if the work authorized is not commenced within sixty (60) days from the date of issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. Case No.: App: Last Name: App: First N ame: Owns r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Notes: Follow- Up: OA0317 Quarter Section Map N o.: I'ditywide Related Cases: OA0314 1 Case Histor y: mend Section 26-107 regarding expiration of evelopment approval . Review Body: rC - 10/16103. 1. APN: 2nd Revie w Body: 2nd Review Date Decision-making Body Appro vat/Denial Date: Re so/Ordinance No.: CC F Conditions of Approval: Reckert dive I-- District: Date Rec eived: r101312003 Pre-App Date: F_