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HomeMy WebLinkAboutZOA-02-05CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Mancinelli Council Bill No 30-2002 Ordinance No 1266 Series of 2002 TITLE AN ORDINANCE ADOPTING BY REFERENCE THE WADSWORTH BOULEVARD CORRIDOR PLAN WHEREAS, the City of Wheat Ridge has caused the preparation of the "Wadsworth Boulevard Corridor Plan" to guide development and infrastructure construction in and along Wadsworth Boulevard through the City; and WHEREAS, the City Council wishes to adopt the Wadsworth Boulevard Corridor Plan and authorized implementing regulations as binding regulations and as part of the Wheat Ridge Code of Laws; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Public dedications and improvements; security. Section 26-110 of the Wheat Ridge Code of laws is hereby amended as follows A. The requirements of Sec 26-412, Section 26-413 and Sec 26-421, pertaining to subdivision review, shall apply to public dedications and improvements and security therefore required in connection with any site development not requiring subdivision review. Section 2. Wadsworth Corridor Boulevard Plan Adopted The Wheat Ridge Code of Laws is amended by the addition of a new Section 26- 110 B, to read as follows B Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this Section, the "Plan"), dated May 12, 1999, and prepared by RNL Design, is hereby adopted as a regulation All ..site development, as that term is defined at Section 26-123 of this Code, shall, if proposed to be located within the area covered by the Plan, comply with the requirements of the Plan and of this Section and their included and referenced appendices and regulations. Such compliance shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation Section 5-45 (public improvements), 26-222 (Streetscape Overlay District) and 26-224 (Streetscape and Architectural Design GED\53027\417977.01 Manual) In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations, the more stringent requirement shall control. 2. Regulations Authorized. The planning and development and public works directors are hereby authorized to promulgate regulations for the further implementation of the elements of the Plan, as appropriate. All such regulations shall be guided by and consistent with the purposes, goals and requirements of the Plan. Such regulations, when so promulgated, shall be fully enforceable as permitted by this section. 3 Copies on File. The director of planning and development shall maintain copies of the Plan on file in his or her office for public inspection, copying and/or purchase. Section 3. Compliance with CRS Section 31-16-201 et seg. The City Council hereby finds, determines, and declares that the requirements of CRS Section 31-16-201 et sec were followed in the adoption of the Wadsworth Boulevard Corridor Plan as a code adopted by reference, including notice of the public hearing on this ordinance having been published twice in a newspaper of general circulation within the City, once at least fifteen days preceding the hearing, and once at least eight days preceding the hearing. Copies of the Wadsworth Boulevard Corridor Plan have been on file and open for public inspection in the offices of the City Clerk and Director of Planning and Development as required by law. 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 7 to t on this 26th day of August 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 September 23 , 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 7 to 1 this 23rd day of September , 2002. GED153027T417977.01 SIGNED by the Mayor on this 24th day of Se tember 2002. G*chen Cerveny, ATTEST- Wanda Sang, City Clerk Appro To Form Gerald E. Dahl, City Attorney First Publication: August 29, 2002 Second Publication: September 26, 2002 Wheat Ridge Transcript Effective Date: October 11, 2002 Notice of Hearing Published- August 29 2002 September 12 .2002 Wheat Ridge Transcript GED\53027\417977.01 CITY COUNCIL MINUTEST September 23, 2002 Page -5- Vote on main motion as amended carried 7-1 with Ms Figlus voting no Ms Figlus asked when this would take effect and how people would be notified of this law Mr Dahl stated it would take effect 15 days after final publication and people would be notified by this ordinance being published in the newspaper Ms Figlus feels all of us are in favor of cleaning up the City, however 15 days is a very short time to allow people to make other arrangements She doesn't know how many people read the fine print of public notices and she would be more comfortable if this would be enforced after the next publication of the Wheat Ridge Connection and give people an opportunity to find out about this other than getting a warning from the City Item 2 Council Bill 30-2002 -An Ordinance adopting by reference the ~j Wadsworth Boulevard Corridor Plan (Case No ZOA-02-05) Council Bill 30-2002 was introduced on second reading by Mr Mancinelli who read the title, summary and background Clerk assigned Ordinance No 1266 Alan White presented the staff report and answered Councils' questions Motion by Mr Mancinelli to adopt Council Bill 30-2002 (Ordinance 1266) (Case No IL ZOA-02-5) on second reading and that it take effect immediately; seconded by Mr Edwards, carried 7-1 with Mr Gokey voting no Item 3 Consideration of an application for a Special Use Permit to allow a gasoline fueling facility on C-1 zoned property located at 5201 West 38th Avenue and 3817 Sheridan Blvd (Case No SUP-02-01) (King Soopers) Vance Edwards stated that, based upon a discussion with Mr Dahl, he will abstain from this Agenda Item Charter Section 5 9 requires every Councilmember to vote on all matters unless he/or she has a personal or private interest in the matter In the past, when items related to this matter were discussed, the party was 38th & Sheridan Ltd Partnership, which owns the Shopping Center He was then required to vote The applicant this evening is King Soopers, who is his employer If he voted, it would be considered a conflict of interest. He will leave Council Chambers for the entire agenda item and abstain from voting Mr Edwards left Council Chambers Item 3 was introduced by Mr DiTullio, who read the title, summary and background Meredith Reckert, Planning Department, was sworn in by the Mayor and presented the staff report. She stated that Planning Commission had denied this request and an appeal was filed to City Council, that is why we are hearing this case tonight. She recommended an additional condition regarding the design of the canopy that would meet the streetscape manual requirements OF WHE;gr _ o AGENDA ITEM REQUEST FOR COUNCIL ACTION September 23, 2002 ~OCORADO X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING (August 26, 2002) _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No 7 SUBJECT: Case No. ZOA 02-05, Adoption of the Wadsworth Boulevard Corn or b Ordinance SUMMARY AND BACKGROUND: The Wadsworth Corridor Plan was prepared in May 1999. It establishes a vision for the two miles of Wadsworth Boulevard in the City of Wheat Ridge. It contains specific recommendations for roadway improvements, future land uses, and design guidelines. These recommendations need to be implemented in order to achieve the objectives of the Plan. Current regulations for public improvements require that they be tied to the impacts created by new development. Many times the impacts of a development are minimal, requiring no public improvements. Adopting the Wadsworth Corridor Plan by ordinance will make the Plan legislation, which will then give the City the ability to require public improvements along Wadsworth based upon the Plan recommendations, not the impacts of a particular development. At a public hearing on August 15, 2002, the Planning Commission recommended adoption of the ordinance. 1. Council Bill No. 30-2002 2. Alan White Memo STAFF RECOMMENDATION: Approval BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A ORIGINATED BY: Alan White, Planning and Development Director STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to adopt Council Bill No. 30-2002, Case No. ZOA 02-05, on second reading and for the ordinance to take effect immediately." C1Documents and SettingAkathyflL.ocal Settings\Temporary Intemet Flles\OLMAZOA 02-05 Wads Plan.wpd CADoc==ts and SetlingsWathyALocal Settings\Temporary Internet Files\OLK54~ZOA 02-05 Wads Plan.wpd OF WHEAT City of Wheat Ridge P~ Planning and Development Department CO~ORA00 Memorandum TO: City Council FROM: Alan White, Planning and Development Director QM SUBJECT: Case No. ZOA 02-05, Adoption of Wadsworth Corridor Plan DATE: September 11, 2002 Attached is an ordinance adopting the Wadsworth Corridor Plan as part of Chapter 26. In doing so, the Plan becomes legislation. This means that any development along Wadsworth would be subject to the requirements of the Plan for public improvements or right-of-way dedication regardless of the impacts associated with the development. The requirements can be imposed at zoning, subdivision, or building permit stages of development. Currently we are limited to requiring dedications and improvements only when they are needed to mitigate the impacts of a development. This will remain true for all other developments along all other corridors in the City. You should have a copy of the Wadsworth Plan. If you do not, please contact us and we will deliver one to you. There will be a short presentation of the Plan at the hearing. CADocumenrs and SettingsW&My Documents\WPFII sTrojuts\aoniug amendments\wads cort = memo.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE WADSWORTH BOULEVARD CORRIDOR PLAN WHEREAS, the City of Wheat Ridge has caused the preparation of the "Wadsworth Boulevard Corridor Plan" to guide development and infrastructure construction in and along Wadsworth Boulevard through the City; and WHEREAS, the City Council wishes to adopt the Wadsworth Boulevard Corridor Plan and authorized implementing regulations as binding regulations and as part of the Wheat Ridge Code of Laws; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Public dedications and improvements: security Section 26-110 of the Wheat Ridge Code of laws is hereby amended as follows: A. The requirements of Sec. 26-412, Section 26-413 and Sec. 26- 421, pertaining to subdivision review, shall apply to public dedications and improvements and security therefore required in connection with any site development not requiring subdivision review. Section 2. Wadsworth Corridor Boulevard Plan Adopted The Wheat Ridge Code of Laws is amended by the addition of a new Section 26-110 B, to read as follows: B. Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this Section, the "Plan"), dated May 12, 1999, and prepared by RNL Design, is hereby adopted as a regulation. All "site development," as that term is defined at Section 26-123 of this Code, shall, if proposed to be located within the area covered by the Plan, comply with the requirements of the Plan and of this Section and their GED\53027417977.01 included and referenced appendices and regulations. Such compliance shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation Section 5-45 (public improvements), 26-222 (Streetscape Overlay District) and 26-224 (Streetscape and Architectural Design Manual). In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations, the more stringent requirement shall control. 2. Regulations Authorized. The planning and development and public works directors are hereby authorized to promulgate regulations for the further implementation of the elements of the Plan, as appropriate. All such regulations shall be guided by and consistent with the purposes, goals and requirements of the Plan. Such regulations, when so promulgated, shall be fully enforceable as permitted by this section. 3. Copies on File. The director of planning and development shall maintain copies of the Plan on file in his or her office for public inspection, copying and/or purchase Section 3. Compliance with CRS Section 31-16-201 et seg. The City Council hereby finds, determines, and declares that the requirements of CRS Section 31-16-201 et sec. were followed in the adoption of the Wadsworth Boulevard Corridor Plan as a code adopted by reference, including notice of the public hearing on this ordinance having been published twice in a newspaper of general circulation within the City, once at least fifteen days preceding the hearing, and once at least eight days preceding the hearing. Copies of the Wadsworth Boulevard Corridor Plan have been on file and open for public inspection in the offices of the City Clerk and Director of Planning and Development as required by law. 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. GED\53027\417977.01 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 ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Notice of Hearing Published: , 2002 2002 Wheat Ridge Transcript GEM53027\417977.01 of w I r ~ o c> v m REQUEST FOR COUNCIL ACTION COG OR p00 _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 02-05, Adoption of the Wadsworth Boulevard Corridor Plan by Ordinance SUMMARY AND BACKGROUND: The Wadsworth Corridor Plan was prepared in May 1999. It establishes a vision for the two miles of Wadsworth Boulevard in the City of Wheat Ridge. It contains specific recommendations for roadway improvements, future land uses, and design guidelines. These recommendations need be implemented in order to achieve the objectives of the Plan. Current regulations for public improvements require that they be tied to the impacts created by new development. Many times the impacts of a development are minimal, requiring no public improvements. Adopting the Wadsworth Corridor Plan by ordinance will make the Plan legislation, which will then give the City the ability to require public improvements along Wadsworth based upon the Plan recommendations, not the impacts of a particular development. At a public hearing on August 15, 2002, the Planning Commission recommended adoption of the ordinance. 1. Council Bill No. STAFF RECOMMENDATION: Approval Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A. ORIGINATED BY: Alan White, Planning and Development Director STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to adopt Council Bill No. Case No. ZOA 02-05, on first reading, ordered published, public hearing set for September 23, 2002 at 7:00 p.m. in the City Council Chambers, and if approved on second reading, take effect immediately upon adoption." C. Dm=euts and Setdngs\alau\My Documents\WPFiles\Proje U\ZOA 0205 Wads Plan.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE WADSWORTH BOULEVARD CORRIDOR PLAN WHEREAS, the City of Wheat Ridge has caused the preparation of the "Wadsworth Boulevard Corridor Plan" to guide development and infrastructure construction in and along Wadsworth Boulevard through the City; and WHEREAS, the City Council wishes to adopt the Wadsworth Boulevard Corridor Plan and authorized implementing regulations as binding regulations and as part of the Wheat Ridge Code of Laws; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Public dedications and improvements; security. Section 26-110 of the Wheat Ridge Code of laws is hereby amended as follows: A. The requirements of Sec. 26-412, Section 26-413 and Sec. 26-421, pertaining to subdivision review, shall apply to public dedications and improvements and security therefore required in connection with any site development not requiring subdivision review. Section 2. Wadsworth Corridor Boulevard Plan Adopted The Wheat Ridge Code of Laws is amended by the addition of a new Section 26- 110 B, to read as follows: B. Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this Section, the "Plan"), dated May 12, 1999, and prepared by RNL Design, is hereby adopted as a regulation. All "site development," as that term is defined at Section 26-123 of this Code, shall, if proposed to be located within the area covered by the Plan, comply with the requirements of the Plan and of this Section and their included and referenced appendices and regulations. Such compliance shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation Section 5-45 (public improvements), 26-222 (Streetscape Overlay District) and 26-224 (Streetscape and Architectural Design GED\53027\417977.01 Manual). In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations, the more stringent requirement shall control. 2. Regulations Authorized. The planning and development and public works directors are hereby authorized to promulgate regulations for the further implementation of the elements of the Plan, as appropriate. All such regulations shall be guided by and consistent with the purposes, goals and requirements of the Plan. Such regulations, when so promulgated, shall be fully enforceable as permitted by this section. 3. Copies on File. The director of planning and development shall maintain copies of the Plan on file in his or her office for public inspection, copying and/or purchase. Section 3. Compliance with CRS Section 31-16-201 et seq. The City Council hereby finds, determines, and declares that the requirements of CRS Section 31-16-201 et sec. were followed in the adoption of the Wadsworth Boulevard Corridor Plan as a code adopted by reference, including notice of the public hearing on this ordinance having been published twice in a newspaper of general circulation within the City, once at least fifteen days preceding the hearing, and once at least eight days preceding the hearing. Copies of the Wadsworth Boulevard Corridor Plan have been on file and open for public inspection in the offices of the City Clerk and Director of Planning and Development as required by law. 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. Alt-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\417977.01 SIGNED by the Mayor on this day of 2002. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form . Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Notice of Hearing Published: 2002 2002 Wheat Ridge Transcript GED\53027\417977.01 C. Case No. ZOA-02-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. Alan White presented a condensed overview of the Wadsworth Boulevard Corridor Plan. He explained that adoption of the Plan as legislation would mean that any development along Wadsworth would be subject to the requirements of the Plan for public improvements or right- of-way dedication regardless of impacts associated with the development. The requirements can be imposed at zoning, subdivision, or building permit stages of development. Commissioner McMILLIN asked if the TCBY property is included in this plan. Alan White replied that relocation of the traffic signal to 41" Avenue would require acquisition of a portion of the TCBY property. The remainder of the TCBY property would then be utilized as an expansion of the Town Center Park. In response to a question from Chair WEISZ, Alan White stated that CDOT has approved the plan. However, there has been a change in personnel at CDOT and staff is working to reaffirm this approval. It was moved by Commissioner McNAMEE and seconded by Commissioner SNOW to recommend approval of Case No. ZOA-02-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. The motion passed 8-0. 8. OLD BUSINESS A. Case ZOA 02-04 - Commissioner SNOW asked if the ordinance regarding parking in residential areas had indeed gone to City Council on first reading. Alan White stated that first reading had taken place on August 12 and that Planning Commission would see the ordinance again on September 5. B. Applewood Shoppint Center -Commissioner SNOW asked if city staff has contacted the owner of the Applewood Shopping center regarding signage and other matters discussed during the August 1 hearing. Alan White stated that Meredith Reckert met with Old Chicago representatives after the hearing to discuss noise, lights, and excess signage. Old Chicago may modify their request before the city council hearing. Alan White and Marilynn Force (City's Economic Development Director) will also arrange a meeting with owners of the center. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 9 August 15,2002 OE WHEAT City of Wheat Ridge Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director am SUBJECT: Case No. ZOA 02-05, Adoption of Wadsworth Corridor Plan DATE: August 9, 2002 Attached is an ordinance adopting the Wadsworth Corridor Plan as part of Chapter 26. In doing so, the Plan becomes legislation. This means that any development along Wadsworth would be subject to the requirements of the Plan for public improvements or right-of-way dedication regardless of the impacts associated with the development. The requirements can be imposed at zoning, subdivision, or building permit stages of development. Currently we are limited to requiring dedications and improvements only when they are needed to mitigate the impacts of a development. This will remain true for all other developments along all other corridors in the City. You should have a copy of the Wadsworth Plan. If you do not, please contact us and we will deliver one to you. There will be a short presentation of the Plan on Thursday. This case has been noticed as a public hearing. Staff recommends approval. A motion recommending approval of the ordinance is needed. C Mmument and SeningsW an\My DooumenM%WPRes\Projec[s@oning amendmenmkwads corr pc memo.wpd 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 August 15, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-02-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement the Wadsworth Boulevard Corridor Plan. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: August 8, 2002 Case No.: App: Last Name: App: First N ame: Owner: Last Name: Owner: First Nam e: App Addre as: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : Ci ty/State, Zip: Case Disposition: Project Planner: File Lo cation: Notes: Follow- Up: OA0206 Quarter Section Map N itywide Related Cases: Case Histor y: Review Body: APN: 2nd Revie w Body: 2nd Review Date Decision-making Body Appro val/Denial Date: Re so/Ordinance No.: hite etive o.: F code to implement orth Blvd. Corridor . PC-8/15/02_ _ ]cc C Conditions of Approval: 7- District: Date Rec eived: /30/2002.. Pre-App Date: I ~h#4 Rl9E ~