Loading...
HomeMy WebLinkAboutZOA-02-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 04-2002 Ordinance No. 1244 Series of 2002 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO IMPLEMENT ADOPTED URBAN RENEWAL PLANS WHEREAS, the City has established an urban renewal authority, pursuant to Section 31-25-101 et seq., C.R.S (the "Urban Renewal Law"); and WHEREAS, the Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the authority delegated by the Urban Renewal Law: 1. 44`h Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 38`h Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"); and WHEREAS, the Urban Renewal Law, at Section 31-25-107(8), C.R.S. provides that upon approval by the governing body [here, the City Council] of an urban renewal plan or substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing and procedure applicable to the property covered by the plan shall be controlling with respect thereto; and WHEREAS, it is necessary to amend the Chapter 26 of the Wheat Ridge Code of Laws ("Zoning and Development") to make the Urban Renewal Plans controlling with respect to land use and development as required by the Urban Renewal Law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-106 of the Wheat Ridge Code of Laws, entitled "Review Process Chart," is amended by the addition of a vertical column under Preliminary and Final to read "URPC," the columns to read as follows: GED\53027\374805.01 Preliminary Final Notes Approval Requested URPC URPC Site Plan A. Major Subdivision URA URA Minor Subdivision (with dedications) URA Minor Subdivision (without dedications) URA Minor. Plat Correction, Amendment, Revisions Lot Line Adjustment Consolidation Plat with dedication URA Consolidation Plat without dedication URA Planned Development URA URA Rezoning, Private URA Rezoning, City URA Zoning Correction Special Use URA Variance - Administrative A Variance - Regular URA Temporary Permit A Interpretation Historic Designation URA Planned Building Group A a Floodplain Permit - Class I Floodplain Permit - Class 11 3 If four or more buildings are proposed, then Urban Renewal Authority review is required. GED\53027\374805.01 2 with a corresponding entry in the "key" at the bottom of the chart, to read: "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. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of.a new section 26-226, to read: Sec. 26-226 Urban Renewal Plan Compliance The City has established an urban renewal authority pursuant to Section 31- 25-101 et seq., C.R.S (the "Urban Renewal Law). The Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the Urban Renewal Law: West 44`h Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 381h Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"). For the Purposes of this Section, the Urban Renewal Plans, copies of which are available for inspection and copying in the office of Planning and Development, are hereby incorporated by this reference. This Section makes the provisions of the Urban Renewal Plans, and any substantial modifications thereof, applicable to the property covered by such plans, as required by Section 31-25-107(8), C.R.S. The mechanism for such compliance is described in this Section and shown on the Review Process Chart, Section 26-106. If the property for which one of the approvals listed in Section 26-106 is located within one or more of the Urban Renewal Plan areas, as shown by the duly adopted maps of such areas contained within the Plans, the requirements of this Section (and the applicable Plan) shall apply to that property. If"'A" is noted under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the 'Executive Director of the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section. If "URA" is noted GED\53027\374805.01 3 under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval. Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the WRURA has reviewed the. application and made a written recommendation to the final decision making person or body indicated in that Section. In making their recommendations, the Executive Director and WRURA shall review the application against the provisions of the applicable Urban Renewal Plan with respect to the land area, land use, design, building requirements, timing and procedure. The provisions of this Section shall not alter the final decision making authority of the person or body listed in Section 26-106, other than requiring that such person or body may not make a final decision with respect to the application until such recommendation has been received. Section 3. SafetV Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. SeverabilitV; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon passage, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to 0 on this 14th day of January , 2002, 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 February 11 ; 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. GED\53027\374805.01 4 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 , this 11th day of February 2002. SIGNED by the Mayor on this 14th day of February , 2002. ATTEST-Wanda Sang, City rk First Publication: January 17, 2002 Second Publication: February 21, 2002 Wheat Ridge Transcript Effective Date: February 11, 2002 GED\53027\374805.01 5 CITY COUNCIL MINUTES: February 11, 2002. Page - 5 - Motion by Mr. Edwards to reconsider the last motion; seconded by Ms. Figlus; tied 4-4 with Councilmembers Hanley, Figlus, Edwards, and Rotola voting yes. Mayor broke the tie by voting yes. Motion carried 5-4. Motion by Mr. Edwards to amend Mr. Hanley's motion to authorize a third speed hump.as recommended by the neighborhood and the Planning Commission; seconded by Ms. Figlus; failed 3-5 with Councilmembers Rotola, Edwards, and Figlus voting yes. Original Motion carried 6-2 with Councilmembers Mancinelli and Gokey voting no. Item 2. Council Bill 04-2002 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted Urban Renewal Plans. Council Bill 04-2002 was introduced on second reading by Mr. Edwards, who also read the title, summary and background. Clerk assigned Ordinance No. 1244. Alan White referred to his memorandum of February 11, 2002, which gave Planning.. Commission recommendations for this Council Bill. Motion by Mr. DiTullio to continue this for 2 weeks to study the recommended changes; seconded by Mr. Gokey; failed 3-5 with Councilmembers Schneider, DiTullio, and Gokey voting yes. Motion by Mr. Edwards to approve Council Bill 04-2002 (Ordinance 1244) on second reading to take effect on final adoption with the following changes: 1. In Section 26-106, add "URA" review for the Historic Designation process. 2. Revise the chart to add a UPRC column under both the Preliminary and Final, approval process and insert URA in this column for major subdivisions and planned developments. 3. Add a footnote to the "Notes" column for Planned Building Group requests that states: If four or more buildings are proposed, then Urban Renewal Authority review is required; seconded by Mr. Mancinelli. Mr: Gokey is voting no because he has not been given an opportunity to digest the additional information. Mr. Hanley made a substitute motion to postpone this indefinitely; seconded by Mr. Schneider; failed 2-5 with Mr. Hanley and Mr. Schneider voting yes. Original Motion carried 5-3 with Councilmembers Hanley, Schneider, and Gokey voting no. of WHEAT City of Wheat Ridge o Planning and Development Department m c~C OR POo Memorandum TO: City Council FROM: Alan White, Planning and Development Director aw a-0/ SUBJECT: Case No. ZOADI-06 Pmplementation of Urban Renewal Plans DATE: February 11, 2002 At the Planning Commission hearing on this ordinance amendment on February 7, 2002, the Planning Commission recommended approval with the following changes: 1. In the process chart, Section 26-106, add "URA" to Planned Building Group and Historic Designation approvals, and change the Site Plan review requirement from "A" to "URA." 2. Change references of Section 26-225 to Section 26-226. Staff agrees with the addition of URA review for Historic Designation. The site plan review process should remain "A" administrative review. This process was proposed as administrative because it will involve only a building permit which is also an administrative review. I have spoken with Jerry Dahl about the issuance of building permits in the urban renewal areas and have been advised that unless some land use approval is needed, such as a rezoning or special use permit, the building permit cannot be withheld. I see no reason for the building process to be delayed by requiring Urban Renewal Authority review. A similar argument can be made for the process of a Planned Building Group. The Planned Building Group process allows multiple buildings to be located on a single lot. The review process is administrative unless the R-3 or R-3A zone districts are involved or if more than four (4) buildings are proposed. In these cases, the Planning Commission reviews the request. Review by the Urban Renewal Authority should parallel the established process. Staff recommends that the "A" remain for Planned Building Group requests and that a footnote be added to the "Notes" column that states: If four or more buildings are proposed, then Urban Renewal Authority review is required. Councilor Figlus contacted me today about the chart, saying the inclusion of the UPRC after BOA made it seem like this was the last step in the review process and Council did not have final authority. To remedy this, the chart heading for preliminary and final approvals across the top would need to be revised as follows: Preliminary Final PC CC Staff C PC CC The chart would then be filled in with "URA" for major subdivisions and planned development preliminary reviews, and for final reviews, the chart as is with the changes recommended above. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2002 on second reading to take effect 15 days after final publication, with the following changes: 1. In Section 26-106, add "URA" review for the Historic Designation process. 2. Revise the chart to add a UPRC column under both the Preliminary and Final approval process and insert URA in this column for major subdivisions and planned developments. 1`or flv~( ~ppro~f s - i 7~- . 3. Add a footnote to the "Notes" column for Planned Building Group requests that states: If four or more buildings are proposed, then Urban Renewal Authority review is required." 2Ud . i) 2~2G GUI new ArA4Oo A 5-s 2Na /~tcf l~~((f v45S~ qer OE WHEgT P AGENDA ITEM i m REQUEST FOR COUNCIL ACTION February 11, 2002 ~C OR A00 X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Ordinance Amending Code of Laws to Implement Urban Renewal Plans SUMMARY AND BACKGROUND: C.R.S. Section 31-25-107 requires that approved urban renewal plans be controlling with respect to their land use and development provisions. The ordinance establishes a review procedure whereby WRURA or its Executive Director can provide written recommendations to the City bode or staff with final approval authority when a land use application is submitted for property located in one of the City's Urban Renewal Plan areas. Planning Commission is hearing this amendment to Chapter 26 on February 7, 214112. ATTACHMENTS: 1. Memo from G. Dahl, A. White and M. Force 2. Council Bill No. 4 - 2.00 2 BUDGET IMPACT: Original budgeted amount: $o Actual contracted amount: $i Impact of expenditure an line item: $8 Budget Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: City Council STAFF RESPONSIBLE: Gerald Dahl, Alan White and Marilynn Force SUGGESTED MOTION: "I move to approve Council Bill No. O4- 'IM)_ on second reading to take effect 1 _ publ,cati_n ar,K 14T~DA . UrFk, t RA m, e- Nd.N MEMORANDUM TO: Mayor and City Council FROM: Gerald Dahl, Alan White, Marilyn Force RE: Implementation of Urban Renewal Plans DATE: January 7, 2002 The attached ordinance implements the three recently-adopted urban renewal plans by requiring a written recommendation from the Executive Director of WRURA (for minor developments) and from WRURA itself (for major developments) before the City Council, Planning Commission, BOA or staff makes the final decision on the application. This compliance is mandated by Section 31-25-107(8), C.R.S., a portion of the state urban Renewal Law. It is important to recognize that the final decision on land use applications rests with the same' City body or staff as at present - the attached ordinance only requires that there be a written recommendation from WRURA or its Executive Director, commenting on the compliance of the application with the provisions of the Urban Renewal Plan for the affected area. Finally, if the land use application is for property located outside any Urban Renewal Plan area, the ordinance simply does not apply. Attachment GED\53027\354114.01 REQUEST FOR COUNCIL ACTION AGENDA ITEM PUBLIC HEARINGS X ORDINANCES FOR 1ST READING (Date Jan 14, 2002_) BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Ordinance Amending Code of Laws to Implement Urban Renewal Plans SUMMARY AND BACKGROUND: C.R.S. Section 31-25-107 requires that approved urban renewal plans be controlling with respect to their land use and development provisions. The ordinance establishes a review procedure whereby WRURA or its Executive Director can provide written recommendations to the City body or staff with final approval authority when a land use application is submitted for property located in one of the City's approved Urban Renewal plan areas. ATTACHMENTS: 1. Memorandum from G. Dahl, A. White and M. Force 2. Council Bill BUDGET IMPACT: Original budgeted amount: $ Actual contracted amount $ Impact of expenditure on line item: $ Budget Account No. STAFF RECOMMENDATION: Approval ORIGINATED BY: Council STAFF RESPONSIBLE: Marilyn Force, Alan White, Gerald Dahl SUGGESTED MOTION: "I move that Council Bill No. , an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to Implement Adopted Urban Renewal Plans, be approved on first reading, ordered published, and set for public hearing on second reading at 7:00 p.m. in the City Council Chambers on 2002." GED\53027\350812.01 MEMORANDUM TO: Mayor and City Council FROM: Gerald Dahl, Alan White, Marilyn Force RE: Implementation of Urban Renewal Plans DATE: January 7, 2002 The attached ordinance implements the three recently-adopted urban renewal plans by requiring a written recommendation from the Executive Director of WRURA (for minor developments) and from WRURA itself (for major developments) before the City Council, Planning Commission, BOA or staff makes the final decision on the application. This compliance is mandated by Section 31-25-107(8), C.R.S., a portion of the state urban Renewal Law. It is important to recognize that the final decision on land use applications rests with the same City body or staff as at present - the attached ordinance only requires that there be a written recommendation from WRURA or its Executive Director, commenting on the compliance of the application with the provisions of the Urban Renewal Plan for the affected area. Finally, if the land use application is for property located outside any Urban Renewal Plan area, the ordinance simply does not apply. Attachment GED\53027\354114.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO IMPLEMENT ADOPTED URBAN RENEWAL PLANS WHEREAS, the City has established an urban renewal authority, pursuant to Section 31-25-101 et seq., C.R.S (the "Urban Renewal Law"); and WHEREAS, the Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the authority delegated by the Urban Renewal Law: 1. 44`h Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 38th Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"); and WHEREAS, the Urban Renewal Law, at Section 31-25-107(8), C.R.S. provides that upon approval by the governing body [here, the City Council] of an urban renewal plan or substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing and procedure applicable to the property covered by the plan shall be controlling with respect thereto; and WHEREAS, it is necessary to amend the Chapter 26 of the Wheat Ridge Code of Laws ('Zoning and Development") to make the Urban Renewal Plans controlling with respect to land use and development as required by the Urban Renewal Law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\374805.01 Section 1. Section 26-106 of the Wheat Ridge Code of Laws, entitled "Review Process Chart" is amended by the addition of a vertical column following the existing column entitled "BOA," to read "URPC,", the column to read as follows: Approval Requested URPC Site Plan A Major Subdivision URA Minor Subdivision (with dedications) URA Minor Subdivision (without dedications) URA Minor Plat Correction, Amendment, Revisions Lot Line Adjustment Consolidation Plat with dedication URA Consolidation Plat without dedication URA Planned Development URA Rezoning, Private URA Rezoning, City URA Zoning Correction Special Use URA Variance - Administrative A Variance - Regular URA Temporary Permit A Interpretation Historic Designation Planned Building Group A Floodplain Permit - Class I Floodplain Permit - Class II with a corresponding entry in the "key" at the bottom of the chart, to read: "URPC: Urban Renewal Plan Compliance Required: if "A" is noted, administrative review; if GED\53027\374805.01 2 "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - see Section 26-225." Section 2. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of a new section 26-225, to read: Sec. 26-225 Urban Renewal Plan Compliance The City has established an urban renewal authority pursuant to Section 31- 25-101 et seq., C.R.S (the "Urban Renewal Law). The.Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the Urban Renewal Law: 1 . West 44th Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 38`h Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"). For the Purposes of this Section, the Urban Renewal Plans, copies of which are available for inspection and copying in the office of Planning and Development, are hereby incorporated by this reference. This Section makes the provisions of the Urban Renewal Plans, and any substantial modifications thereof, applicable to the property covered by such plans, as required by Section 31-25-107(8), C.R.S. The mechanism for such compliance is described in this Section and shown on the Review Process Chart, Section 26-106. If the property for which one of the approvals. listed in Section 26-106 is located within one or more of the Urban Renewal Plan areas, as shown by the duly adopted maps of such areas contained within the Plans, the requirements of this Section (and the applicable Plan) shall apply to that property. If "A" is noted under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the Executive Director of the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section. If "URA" is noted under the column "URPC" in Section 26-106, and the property is located GED\53027\374805.01 3 within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section. In making their recommendations, the Executive Director and WRURA shall review the application against the provisions of the applicable Urban Renewal Plan with respect to the land area, land use, design; building requirements, timing and procedure. The provisions of this Section shall not alter the final decision making authority of the person or body listed in Section 26-106, other than requiring that such person or body may not make a final decision with respect to the application until such recommendation has been received. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of. the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2002, 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 , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2002. GED\53027\374805.01 4 SIGNED by the Mayor on this day of 2002. ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney GED\53027\374805.01 5 at'~41 D. Case No. ZOA-02-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted urban renewal plans. III Alan White presented this case. City Council directed staff to prepare this ordinance which requires land use cases to be reviewed by the Urban Renewal Authority for conformance with the respective urban renewal plan. It was moved by Commissioner McNAMEE and seconded by Commissioner COLLINS to recommend approval of Case No. ZOA-02-01 with an amendment to attach URA to Historic Designation and change all references from 26-225 to 26-226. Commissioner SNOW offered an amendment to add URA to Planned Building Groups and that Site Plan and Planned Building Group be changed from A to URA. The amendment was accepted by Commissioners McNAMEE and COLLINS. The motion passed 7-0 with Commissioner COOPER absent. Because there was a member of the audience who wished to address the matter, it was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to reopen the public hearing. The motion passed 7-0 with Commissioner COOPER absent. Louise Turner 11256 West 38`h Avenue Ms. Turner expressed her opinion that the Urban Renewal Plan should come before the Planning Commission to see if they are consistent with the zoning laws of the city. She expressed concern that the streetscape program on 38 h Avenue did not come before the Planning Commission for a public hearing. Alan White explained that if there should be a specific proposal for redevelopment under urban renewal, an amendment to the urban renewal plan would have to be accomplished and Planning Commission would hear land use cases. He further explained that the streetscape project was a capital improvement project, not an urban renewal project. After hearing public comments, it was moved by Commissioner McNAMEE and seconded by Commissioner COLLINS that the motion, as previously stated, stands. The motion passed 7-0 with Commissioner COOPER absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Distribution of the Streetscape Manual - Alan White presented a brief overview of the streetscape manual. He mentioned that THK, the consultant who prepared the Planning Comm February 7, 2002 aF wHEar City of Wheat Ridge ~o Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director V SUBJECT: Case NO. ZOA 02-01, Review of Land Use Cases by Urban Renewal Authority DATE: January 31, 2002 Council directed staff to prepare an ordinance which requires land use cases to be reviewed by the Urban Renewal Authority for conformance with the respective urban renewal plan. The attached ordinance accomplishes this. The ordinance will amend the process chart to add the column URPC which means Urban Renewal Plan Compliance review is required. An "A" in the column means administrative review; "URA" means review by the Authority. Section 26-225 enables the Authority to review cases for the limited purpose of compliance with the Urban Renewal Plans, and requires findings to be provided in writing. The Authority recommendation is forwarded to Council or the Planning Director, as applicable, for final approval. Staff recommends forwarding to Council a recommendation of approval with the following change: 1. Add URA approval in the process chart for historic designation. C.V\4yFiles\WPFiles\Projects\zoning amendments\URP review.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO IMPLEMENT ADOPTED URBAN RENEWAL PLANS WHEREAS, the City has established an urban renewal authority, pursuant to Section 31-25-101 et seq., C.R.S (the "Urban Renewal Law"); and WHEREAS, the Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the authority delegated by the Urban Renewal Law: 1. 44`h Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 38`h Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"); and WHEREAS, the Urban Renewal Law, at Section 31-25-107(8), C.R.S. provides that upon approval by the governing body [here, the City Council] of an urban renewal plan or substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing and procedure applicable to the property covered by the plan shall be controlling with respect thereto; and WHEREAS, it is necessary to amend the Chapter 26 of the Wheat Ridge Code of Laws ("Zoning and Development") to make the Urban Renewal Plans controlling with respect to land use and development as required by the Urban Renewal Law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-106 of the Wheat Ridge Code of Laws, entitled "Review Process Chart" is amended by the addition of a vertical column following GED\53027\374805.01 the existing column entitled "BOA," to read "URPC,", the column to read as follows: Approval Requested URPC Site Plan A Major Subdivision URA Minor Subdivision (with dedications) URA Minor Subdivision (without dedications) URA Minor Plat Correction, Amendment, Revisions Lot Line Adjustment Consolidation Plat with dedication URA Consolidation Plat without dedication URA Planned Development URA Rezoning, Private URA Rezoning, City URA Zoning Correction Special Use URA Variance - Administrative A Variance - Regular URA Temporary Permit A Interpretation Historic Designation Planned Building Group A Floodplain Permit - Class I Floodplain Permit - Class II with a corresponding entry in the "key" at the bottom of the chart, to read: "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 26-225." GED\53027\374805.01 2 Section 2. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of a new section 26-225, to read: Sec. 26-225 Urban Renewal Plan Compliance The City has established an urban renewal authority pursuant to Section 31- 25-101 et seq., C.R.S (the "Urban Renewal Law). The Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the Urban Renewal Law: 1. West 44th Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3. 38th Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"). For the Purposes of this Section, the Urban Renewal Plans, copies of which are available for inspection and copying in the office of Planning and Development, are hereby incorporated by this reference. This Section makes the provisions of the Urban Renewal Plans, and any substantial modifications thereof, applicable to the property covered by such plans, as required by Section 31-25-107(8), C.R.S.. The mechanism for such compliance is described in this Section and shown on the Review Process Chart, Section 26-106. If the property for which one of the approvals listed in Section 26-106 is located within one or more of the Urban Renewal Plan areas, as shown by the duly adopted maps of such areas contained within the Plans, the requirements of this Section (and the applicable Plan) shall apply to that property. If "A" is noted under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the Executive Director of the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section. If "URA" is noted under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that.approval, as shown in Section 26-106, until the WRURA has reviewed the application and made a written GED\53027\374805.01 3 recommendation to the final decision making person or body indicated in that Section. In making their recommendations, the Executive Director and WRURA shall review the application against the provisions of the applicable Urban Renewal Plan with respect to the land area, land use, design, building requirements, timing and procedure. The provisions of this Section shall not alter the final decision making authority of the person or body listed in Section 26-106, other than requiring that such person or body may not make a final decision with respect to the application until such recommendation has been received. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability' Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon passage, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2002, 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 , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2002. SIGNED by the Mayor on this day of , 2002. Gretchen Cerveny, Mayor GED\53027\374805.01 4 ATTEST: Wanda Sang, City Clerk Approved As To Form First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Gerald E. Dahl, City Attorney GED\53027\374805.01 5 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 February 7, 2002, at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-01-02: An ordinance amending Sections 26-123, 26-211 and 26-212 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and the definition of a "story." Case No. ZOA-01-06: An ordinance amending Section 26-628.1) of the Wheat Ridge Code of Laws pertaining to the fifteen hundred (1500) feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. Case No. ZOA-02-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted urban renewal plans. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: January 31, 2002 Wheat Ridge Transcript Ct\Kathy\PCRPTS\PLANGCOM\PUBHRG\020207B.wpd Case No.: OA0201 Quarter Section Map No App: Last Name: Citywide Related Cases: App: First Name: j Case History Owner: Last Name: Owner: First Name: App Address: Review Body: City, State Zip: App:Phone: APN: Owner Address: 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: Decision-making Body: Project Address: I - - - Approval/Denial Date: Street Name:. ~ City/State, Zip: Reso/Ordinance No.: Case Disposition: Project Planner: hite File Location: ctive Notes: Follow-Up: mend code to implement Urban Renewal Plans PC 1 CC CC Conditions of Approval: District: Date Received: 1110/2002 Pre-App Date: I