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HomeMy WebLinkAboutZOA-04-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES; Council Bill No. 08-2004 Ordinance No. 1323 Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS WHEREAS, the Code of Laws provides that application for site development approval may be made by the record title owner (or agent) of the subject property as well as governmental and quasi-governmental agencies; WHEREAS, the Council wishes to limit the circumstances in which site development applications may be made to only the owner of the property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 Subsection D of the Code of Laws is amended to read: Sec. 26-103. Site development review process. A... D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or written permission from the owner(s) where an agent acts on their behalf. In the case of application for special use permit, both the owner of the property and proposed special use must join in the application. intent te develop 9F faeilitate the develepment of the Su)feet-prapeFty-in-aeeeFdanee with the site develepmen! appFeval being sought, Section 2.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 3. Severability: Conflicting Ordinances Revealed. 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 All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 4. 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 0 on this 26th day of April 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 May 10 , 2004, 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 10th day of May 2004. SIGNED by the Mayor on this 11th day of -may_ 2004. Cerveny, Mayor A ST: Pamela Y. rson, City Clerk 2 Appro As To Form Gerald E. Dahl, ity Attorney First Publication: April 29, 2004 Second Publication: May 13, 2004 Wheat Ridge Transcript Effective Date: May 28, 2004 3 CITY COUNCIL MINUTES May 10, 2004 Page -3- Item 3. COUNCIL BILL 08-2004 -AN ORDINANCE AMENDING SECTION 26- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (Case No ZOA-04-3) Council Bill 08-2004 was introduced on second reading by Mr Stites Ordinance No 1323 was assigned Pam Anderson read the executive summary Alan White presented the staff report. Charles Durbin, 3703 Ames Street, is all for going back to where we were The approval of the plating and the Special Use shall be deemed granted on the date that the Colorado Department of Transportation provides written approval of the access permit for the proposed access on Sheridan Blvd He wanted to know if this is passed tonight if it negates both the Special Use and Consolidation Plat from that time Mr Dahl answered no, it doesn't. Mr DiTullio asked Mr White for the record if it is his recommendation from the staff level that this part of the Code be stricken and we go back to the original section of the Code Mr White replied, yes, it is. Motion by Mr Stites to approve Council Bill 08-2004 (Ordinance No 1323) on second reading and that it take effect 15 days after final publication, seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no 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) (Ordinance 1322) PUBLIC HEARING CONTINUED FROM APRIL 26, 2004 Alan White, Director of Community Development, presented a brief staff report and answered Councilmembers' questions Motion by Ms Berry to approve Council Bill 07-2004 (Ordinance No 1322) on second reading, and that it take effect 15 days after final publication, seconded by Mr DiTullio Motion by Mr DiTullio to amend to allow Medical and dental clinics and laboratories be kept as permitted uses in the NC zone district; seconded by Mrs Sang, carried 8-0 Motion by Mr DiTullio to amend to allow banks, loan and finance offices be kept as permitted uses in the NC zone district; seconded by Mr Gokey; carried 7-1 with Mrs Sang voting no ITEM NO: of wRear { PQ m REQUEST FOR CITY COUNCIL ACTION CORAaCOUNCIL MEETING DATE: May 10, 2004 TITLE: COUNCIL BILL NO. 08-20049 AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (CASE NO. ZOA 04-03) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: April 26, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No City Attorney City Manager EXECUTIVE SUMMARY: This ordinance was presented to City Council at a study session on March 15, 2004. The consensus of Council was to direct staff to prepare an ordinance amending the language adopted last year. This ordinance repeals language in the Code of Laws which allows certain quasi-governmental entities to apply for development review of a property prior to becoming an Owner. Planning Commission recommended approval. COMMISSION/BOARD RECOMMENDATION: At apublic hearing on April 15, 2004 Planning Commission recommended approval ofthe ordinance. STATEMENT OF THE ISSUES: Until 2003, applicants for development review were required to own the subj ect property. The Code was changed at that time to permit, among others, the Urban Renewal Authority to make such application. The attached ordinance would restore the original rule: that only the Owner can make application. ALTERNATIVES CONSIDERED: 1. Do not amend the ordinance. 2. Permit only the City the ability to apply prior to ownership. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 08-2004 on second reading, and that it take effect 15 days after publication." Or, "l move to table indefinitely Council Bill 08-2004." Report Prepared by: Jerry Dahl, City Attorney Attachments: 1. Council Bill No. 08-2004. CAProjects\zoning amendments\Non-owner Applications\non owner applications repeal 2nd CAF.doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS WHEREAS, the Code of Laws provides that application for site development approval may be made by the record title owner (or agent) of the subject property as well as governmental and quasi-governmental agencies; WHEREAS, the Council wishes to limit the circumstances in which site development applications may be made to only the owner of the property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 Subsection D of the Code of Laws is amended to read: Sec. 26-103. Site development review process. A... D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or written permission from the owner(s) where an agent acts on their behalf. In the case of application for special use permit, both the owner of the property and proposed special use must join in the application. may apply f0F site development appFbval PFiGF tO becoming Section 2.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 3. 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 4. 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 , 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 29th 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 2 Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 ITEM NO: of WHEgj V Pc REQUEST FOR CITY COUNCIL ACTION ~~LORA~O COUNCIL MEETING DATE: April 26, 2004 TITLE: COUNCIL BILL NO. 08-2004, AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (CASE NO. ZOA 04-03) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: April 26, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No City Attorney City Manager EXECUTIVE SUMMARY: This ordinance was presented to City Council at a study session on March 15, 2004. The consensus of Council was to direct staff to prepare an ordinance amending the language adopted last year. This ordinance repeals language in the Code of Laws which allows certain quasi-governmental entities to apply for development review of a property prior to becoming an Owner. Planning Commission recommended approval. COMMISSIONBOARD RECOMMENDATION: At a public hearing on April 15, 2004 Planning Commission recommended approval of the ordinance. STATEMENT OF THE ISSUES: Until 2003, applicants for development review were required to own the subject property. The Code was changed at that time to permit, among others, the Urban Renewal Authority to make such application. The attached ordinance would restore the original rule: that only the Owner can make application. ALTERNATIVES CONSIDERED: 1. Do not amend the ordinance. 2. Permit only the City the ability to apply prior to ownership. FINANCIAL IMPACT: There is no direct financial impact to the City as a result of adopting the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill on first reading, order it published, public hearing set for Monday, May 10, 2004at 7:00 p.m. in City Council Chambers and that it take effect 15 day: after final publication." Or, "I move to table indefinitely Council Bill Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019 Attachments: 1. Memorandum from Alan White 2. Council Bill GED\53027\470151.1 City of Wheat Ridge WHEgTP a Community Development Department m Memorandum ~~~oRPO° TO: Randy Young, City Manager FROM: Alan White, Community Development Director SUBJECT: Ordinance 1299 DATE: March 4, 2003 This ordinance was adopted by Council in July 2003. As originally envisioned by staff, the ordinance was proposed to potentially allow the City to process any site development plan requests for public projects prior to obtaining ownership of the property. Application could only be made if the governmental agency formally expressed, in writing, its intent to develop the property and has given written notice to the owner of its intent to make application. The intent was to move public improvement projects through the site development plan approval process in a timely manner to improve service delivery, public safety, or to save money. While it was being drafted and reviewed, it occurred to staff that there were other agencies that might have similar time-sensitive needs to respond to public health and safety concerns. Fire district and water district projects are examples. In consideration of these circumstances, the language was proposed to include "governmental and quasi-governmental" agencies. There are two options in dealing with this ordinance. 1. Repeal the ordinance. 2. Amend the ordinance to allow application onl by the City. ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS WHEREAS, the Code of Laws provides that application for site development approval may be made by the record title owner (or agent) of the subject property as well as governmental and quasi-governmental agencies; WHEREAS, the Council wishes to limit the circumstances in which site development applications may be made to only the owner of the property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 Subsection D of the Code of Laws is amended to read: Sec. 26-103. Site development review process A... D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or written permission from the owner(s) where an agent acts on their behalf. In the case of application for special use permit, both the owner of the property and proposed special use must join in the application. site deg ATTACHMENT Section 2.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 3. 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 4. 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 , 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 29th 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 2 Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting April 15, 2004 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Planning Commission was called to order by Chair PLUMMER at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Jim Chilvers John McMillin Phil Plummer Jerry Scezney Kim Stewart Kevin Witt Marian McNamee (excused) Scott Wesley (excused) Alan White, Community Development Director Kathy Field, Administrative Assistant Following is the official set of Planning Commission minutes for the public hearing of April 15, 2004. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner SCEZNEY and seconded by Commissioner STEWART to approve the agenda as presented. The motion passed 6-0. 5. APPROVE MINUTES - April 1, 2004 It was moved by Commissioner McMILLIN and seconded by Commissioner WITT to approve the minutes of April 1, 2004 as presented. 6. PUBLIC FORUM No one indicated a desire to speak at this time. 7. PUBLIC HEARINGS A. Case No. ZOA-04-03: An ordinance amending Section 26-103 of the Wheat Ridge Planning Commission Page 1 April 15, 2004 Code of Laws concerning the submittal of applications subject to the site development review process. Alan White reviewed the staff report. Commissioner McMILLIN asked if this piece of legislation was unusual. Mr. White replied that only two other jurisdictions in the metro area have some form of what the city adopted last year. Commissioner McMILLIN asked what was the purpose of this ordinance and how was it used. Mr. White explained that it was used on one project-Walgreens. Commissioner CHILVERS asked if there was any incident that prompted a change back or was the purpose just to use it once then change it back. Mr. White responded that there wasn't an incident prompting the change back and that Council wanted to change it. It was only used on one occasion. Chair PLUMMER noted there was no one present who wished to address this matter. It was moved by Commissioner STEWART and seconded by Commissioner McMILLIN that Case No. ZOA-04-03, a proposed amendment to Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process, be forwarded to City Council with a recommendation of approval. IL The motion passed 6-0. 8. COMMISSION REPORTS A. Lighting Standards Study Session Commissioner McMILLIN made a digital presentation and presented materials for the Commission's review. It was moved by Commissioner McMILLIN and seconded by Commissioner STEWART to direct staff to draft an ordinance adapted from the International Dark Skies Association's model lighting code with the purpose of cutting light trespass, light pollution to the night sky, and harmful glare to motorists and others and to bring back in three months. The motion passed 5-1 with Commissioner SCEZNEY voting NO. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS Alan White talked about taking proposed code amendments either staff proposed or Planning Commission Page 2 April 15, 2004 City of Wheat Ridge of ""Eqr~ Community Development Department Memorandum ~~LORP~~ TO: Planning Commission FROM: Alan White, Community Development Director SUBJECT: Case No. ZOA 04-03, Site Development Applications DATE: April 7, 2004 This Case is: Quasi-judicial Proper notice was given for this public hearing. X Legislative Background Until 2003, applicants for development review were required to own the subject property or have written permission from the owner to submit an application. Council adopted an ordinance in 2003 to permit quasi-governmental agencies to make such application prior to ownership and without landowner consent. Council requested discussion of this ordinance at its March 15, 2004 study session. The consensus of Council was to direct staff to prepare an ordinance amending the language adopted last year. The amended ordinance repeals language in the Code of Laws which allows certain quasi-governmental entities to apply for development review of a property prior to becoming an Owner. The attached ordinance would restore the original rule: that only the Owner can make application, another party can make application with written permission of the owner. Recommended Motion "I move to recommend approval of Case No. ZOA 04-03, an ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process." Attachments: 1. Memorandum to City Council 2. Proposed Ordinance CAProjects\zoning amendments\Non-owner Applications\nono"er applications repeal PC memo.doc 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 April 15, 2004, 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 case shall be heard: Case No. ZOA-04-03: An ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: April 8, 2004 City of Wheat Ridge of ""Eqr Community Development Department Memorandum CMG OR P~~ TO: Randy Young, City Manager FROM: Alan White, Community Development Director 6TV SUBJECT: Ordinance 1299 DATE: March 4, 2003 This ordinance was adopted by Council in July 2003. As originally envisioned by staff, the ordinance was proposed to potentially allow the City to process any site development plan requests for public projects prior to obtaining ownership of the property. Application could only be made if the governmental agency formally expressed, in writing, its intent to develop the property and has given written notice to the owner of its intent to make application. The intent was to move public improvement projects through the site development plan approval process in a timely manner to improve service delivery, public safety, or to save money. While it was being drafted and reviewed, it occurred to staff that there were other agencies that might have similar time-sensitive needs to respond to public health and safety concerns. Fire district and water district projects are examples. In consideration of these circumstances, the language was proposed to include "governmental and quasi-governmental" agencies. There are two options in dealing with this ordinance. 1. Repeal the ordinance. 2. Amend the ordinance to allow application only by the City. & 00 nef- c~)V 1/V%:A or I cJ~ ITEM ##1 Case No.: ZOA 0403 Quarter Section Map N Related Cases: App: Last Name: ity App: First N ame: r Case Histor y: - Owns r: Last Name: ~ Owner: First Nam e: App Addre ss: Review Body: - - City, State Z ip: ~ APN: App: Pho ne: ~ Owner Address: 2nd Revie w Body: City/St ate/Zip: ~ - 2nd Review Date - Owner Phone: ~ ~ Decision-making Body Project Address: Appro val/Denial Date: Street Name - Re so/Ordinance No.: ~ City/State, Zip: Case Disposition: Project Planner: White File Lo cation: ctive _ Not as: Follow- Up:-~- o.: OA0310 emend code concerning he submittal of pplications subject to the its development review. PC-4115104_ C-4112104list) I C - 5110/04 (2nd) r- Conditions of Approval: 7- District: Date Rec eived: /6/2004 Pre-App Date: