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Home My WebLink AboutZOA-08-06CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 02-2009 Ordinance No. 1430 Series of 2009 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning district boundary discrepancies and interpretations; and WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making improvements to property; and WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient parameters and public involvement to deal with zoning district boundary discrepancies and interpretations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-119 of the Code is repealed and reenacted to read: Section 26-119 Zoning arrd-1\2 $ e ~ a Y 'xer r~" ane A. Zon ng Disti.et Bou..daraes Uncertain Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines ndaries B li ou nes. shall be construed to follow such shore indicated as approximately following the centerlines of Example 1: Three options are " streams, rivers, canals, lakes, or other bodies of water shall split available to resolve this zoning" subject to Section 26- be construed to follow such centerlines. In the event of a 119.D. 1) The entire lot may be natural change in the shoreline or centerline, the district oconsidered f the lot may be used as R-2 or boundary shall be construed as moving with the actual C-1 within the respective shoreline or centerline. In the event of a change directly or boundades,or3)an administrative adjustment to the indirectly the result of human actions, the district boundary map may be requested. ll not be construed as following the new shoreline or h a s centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by the city council, or, if the zoning pre-dates the adoption of e i Ordinance No. 98, adopted on May 2, 1972, shall be ons ar Example 2: Two opt available to resolve this "split determined by measurement of the Official Zoning Map zoning". C-1 is considered a "higher intensity' zone district; currently in effect. therefore it may not be utilized for Where physical or cultural features existing on the ground 7 the entire lot even though it . are different than those shown on the Official Zoning Map, lot. 1) Each portion of the lot may - or 111 Other CIICUIDStariCCS not covered by be used respective as R-2 or C-1 boundaries, or 2) within the an subs,. > g F , the v administrative adjustment to the Sllall Trite Iet 7e 'o ri In r IP map may be requested. rocedures set ith d p ance w the dtstnct boundaries in accor forth iri?+~z6-11'. Figure 26-119.1: Interpretation of zoning district boundaries section in ll f l g ow o y Boundaries mdicated as approximate 8 . lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. (Ord. No. 2001-1215, § 1, 2-26-01) Figure 26-119.2: Zone district levels of intensity. 3. a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of plarmed developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the official Zoning Map, or as represented in a rezoning ordinance, the Community Development Director shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The Director shall also notify City Council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of the date of notice to the property owner, he or she fails to submit a written protest to the correction, the Director may correct the error and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) Section 2: Section 26-203 of the Code is repealed to read: Sec. 26-203. Rules for interpretation of district boundaries [Repealed] Section 3: Section 26-115 of the Code is amended to read: Sec. 26-115. Variance/waivers/temporary permits/interpretations 1. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: a. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. b. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. c. , 1 1 7- ~iStc ixt • ,:41~ +1.., FF: ,...1 maps F&e Gity xilie R4dg., Section 4: Section 26-106 of the Code is amended to read: Sec. 26-106. Review process chart. TABLE INSET: Pre-Application Final Approval Requested URPC Notes Staff Neighborhood Staff PC CC BOA Site Plan 4 A A § 26-111 X Major Subdivision X H H URA § 26-404.C Minor Subdivision X H H URA § 26-404.13 (w/dedications) Appeal to Minor Subdivision X H URA CC § 26- (w/o dedications) 404.13 Minor Plat Correction, Amendment, X A § 26-409 Revision Lot Line Adjustment X A § 26-410 Consolidation Plat X H H URA I § 26- (w/dedication) 404.1) Consolidation Plat 4 A URA § 26-117 (w/o dedication) X Planned Development: Outline x X H H URA 2 ART III Development Plan (ODP) Planned Development: Final X A URA ART III Development Plan (FDP) Planned x X H H URA 2 ART III Development: Outline Pre-Application Final Approval Requested URPC Notes Staff Neighborhood Staff PC CC BOA Development Plan Amendment Planned Development: Final X A URA ART III Development Plan Amendment 2 § 26-112 Rezoning, Private x r H URA I 2 § 26-113 Rezoning, City X H H URA § 26-114 Special Use x X A H URA Appeal to CC Appeal to Variance-- A A BOA § 26- Administrative 115.C Variance--Non- H URA § 26-115.C administrative Temporary Permit H A § 26-115.1) Appeal to Interpretation A BOA § 26- 115.E ME V 0011 M Historic Designation H URA ART IX Planned Bldg. Group 4 A H A 3§ 26-116 X Floodplain Permit-- A § 26-806 Class I Floodplain Permit-- 4 H § 26-806 Class Ir X Right-of-way X H H URA § 26-118 Vacation Section 5: 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 6: Severability• Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: 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 8 to 0 on this 9th day of February, 2009, 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 Monday, February 23, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29tt' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 23rd day of February 1 2009. SIGNED by the Mayor on this 23rd day of February 1 2009. Jerry'iT lio, Mayor ATTEST: I Michael Snow, City ~u Ap ov s To rm Geral . Dahl, City ttonrey First Publication: February 12, 2009 Second Publication: February 26, 2009 Wheat Ridge Transcript: Effective Date: March 13, 2009 CITY COUNCIL MINUTES: February23, 2009 Page -2- Item 1. CONSENT AGENDA A. Resolution 13-2009 - Adopting the Policy and Procedure for naming Parks and Recreation Department Parks and Facilities. B. Resolution 14-2009 - Amending the Fiscal Year 2009 Budget to reflect the approval of a supplemental budget appropriation for the reappropriation and reencumbrance of 2008 Fiscal Year encumbered funds in the amount of $1,489,340.89. C. Resolution 15-2009 - In support of the full build-out of the Regional Transportation Districts Fastracks System. D. Resolution 16-2009 - In support of Senator Mark Udall's proposed legislation to fund Worker's Compensation claims for workers of Rocky Flats. E. Resolution 17-2009 - Approving an Intergovernmental Agreement with the City of Edgewater concerning Municipal Court Video Equipment. Consent Agenda was introduced and read by Mrs. Sang. Item 1.D. was removed from the Agenda. Motion by Mrs. Sang for approval of the Consent Agenda Items A, B, C & E; seconded by Mrs. Langworthy; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 02-2009 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning Zoning District Boundary discrepancies and interpretations. (Case No. ZOA-08-06) Mayor DiTullio opened the public hearing. Council Bill 02-2009 was introduced on second reading by Council Member Gokey. City Clerk Michael Snow assigned Ordinance Number 1430. Jeff Hirt presented the staff report. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr. Gokey to approve Council Bill 02-2009 (Ordinance 1430) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang. CITY COUNCIL MINUTES: February23, 2009 Page -3- Motion by Ms. Berry to amend Ordinance 1430, Section D, line 2 as follows: of the passage of Section 26-119 of this Code...; seconded by Mrs. Adams; carried 8-0. 1, Original motion as amended carried 8-0. Item 3. Council Bill 03-2009 - An Ordinance amending Article VIII of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning Floodplain Administrator decision-making authority & Floodplain Development Standards. (Case No. ZOA-08-09) Mayor DiTullio opened the public hearing. Council Bill 03-2009 was introduced on second reading by Council Member Berry. City Clerk Michael Snow assigned Ordinance Number 1431. Jeff Hirt presented the staff report. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 03-2009 (Ordinance 1431) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. Item 4. Council Bill 04-2009 - An Ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning Urban Renewal. Mayor DiTullio opened the public hearing. Council Bill 04-2009 was introduced on second reading by Council Member Stites. City Clerk Michael Snow assigned Ordinance Number 1432. No staff report was presented. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 04-2009 (Ordinance 1432) on second reading, and that it take effect upon adoption; seconded by Mrs. Sang. ~W}iat it3~e Case No. ZOA-08-06 rcesuit Is nurneruus Spur cvneu Pruuerue5 I ~~Whiatl ice Zoning Map rx v, i:~ASA4C+ S e e£ 29 1F e Examples of Split Zoned Lots l ic3 4:. " Wk eat Case No. ZOA-08-06 cat Case No. ZOA-08-06 Case No. ZOA-08-06 This area could be used as C-1 This area may be . used as R-3 e rty Wheaoftlidge ITEM NO: REQUEST FOR CITY COUNCIL ACTION IK251) COUNCIL MEETING DATE: February 23, 2009 TITLE: COUNCIL BILL NO.02-2009 - AN ORDINANCE AMENDING CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS (CASE NO. ZOA-08-06) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ ORDINANCES FOR 1sT READING (02/09/09) ® ORDINANCES FOR 2ND READING (02/23/09) YES ® NO City Maner EXECUTIVE SUMMARY: At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of proposed short, mid, and long term zoning code amendments. The attached ordinance represents one amendment from that list. Staff has proposed the attached amendment that addresses properties with multiple zone district boundaries or zone district boundary discrepancies. There are numerous properties in the city with this issue. This presents substantial challenges to developing or redeveloping these properties. The recommended changes can be summarized briefly as follows: • Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203 • Provide limited "by right" options for property owners to use their property if it is "split zoned" • Create administrative adjustment procedure available to property owners with split zoned lots The Planning Commission reviewed this code amendment at a public hearing held on December 18, 2008 and gave a recommendation of approval. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, December 18, 2008. Planning Commission recommended approval of the attached ordinance. STATEMENT OF THE ISSUES: The city adopted the official Jefferson County zoning map when it was incorporated in 1969. The methods for how precisely the zone district boundaries were drawn relative to streets and property boundaries at this time is not certain. How these boundaries were drawn has resulted in a substantial number of properties with zone district boundaries that are not consistent with property boundaries and existing improvements on the property. An example of two properties with this issue is provided to the right. Current Code Currently, there are multiple sections of the Code that address these situations: • 26-203 "Rules for Interpretation of Zone District Boundaries", • 26-119 "Zoning and Mapping Corrections", and • 26-115.E "Interpretations". None of the above sections have historically provided adequate direction for staff to rectify these situations. The options for applicants in the current code can be summarized as zoning. follows: 1. The Board of Adjustment may interpret and adjust the district boundaries by a decision at a public hearing "where physical or cultural features existing on the ground are at variance with those shown on the official zoning map" per Section 26- 203.G. 2. Where there is a "verifiable error" in the Official Zoning Map, the Director of Community Development may make an administrative correction to the map per Section 26-119. This has been difficult to achieve given that the city adopted the Jefferson County zoning map when it was incorporated in 1969. Issue Summary There are two main issues with "split zoned" properties and the current code: 1. Each zone district contains its own unique set of development standards and allowed uses. For instance, a property with residential and commercial zoning (see above graphic example) contains two completely different sets of standards. Any type of improvements proposed on these properties presents a significant challenge for the property owner and staff to accommodate under current regulations. 2. The current regulations typically require an applicant to undertake a process with a public hearing to correct a zone district boundary issue they were not responsible for, unless a 2 2 recent examples of properties with split "verifiable error" can be found in how the district boundary was drawn. If this verifiable error can be found, the process may be administrative. As the district boundaries were drawn in 1969 at the time the City incorporated, finding any verifiable error has been extremely difficult. It has been staffs observation that the combined effect of a substantial number of properties with this issue and the lack of a clear process for dealing with them has contributed to many of these properties sitting in disrepair and/or being difficult to make improvements to. Staff Recommendations Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203. Provide limited administrative "by right" options for property owners to use their property if it is "split zoned". o These options include - 1) using the portions of the property with their respective zoning classifications, 2) using the entire lot for the zone district that encompasses the majority of the land area, provided that it is not to a "higher intensity" zone district; or 3) request an "administrative adjustment" to the Official Zoning Map to adjust the zoning district boundary. The administrative adjustment procedure proposed is generally as follows: o The Community Development Director may approve the adjustment if it meets certain criteria; o The adjustment cannot extend the boundary by more than 50 feet; o The property cannot exceed 1 acre in size; and o The adjacent property owners are notified and given the opportunity to object - similar to the administrative variance process. ALTERNATIVES CONSIDERED: Keep current code provisions dealing with these properties For split zoned lots, allow the entire lot to be used with the zoning that encompasses more than 50% of the lot area, regardless of the zone district Create improved non-administrative or administrative adjustment procedure applicable to all split zoned lots, not allowing "by right" adjustments FINANCIAL IMPACT: There is no direct financial impact to the city; however, improved flexibility for split zoned lots may result in opportunities to improve and occupy vacant commercial property. RECOMMENDED MOTION: "I move to approve Council Bill No. 2-2009, Case #ZOA-08-06, an ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 2-2009, Case #ZOA-08-06, an ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations, for the following reason(s): Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: Council Bill No. 2-2009 4 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 02-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning district boundary discrepancies and interpretations; and WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making improvements to property; and WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient parameters and public involvement to deal with zoning district boundary discrepancies and interpretations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-119 of the Code is repealed and reenacted to read: Section 26-119 Zoning and Alapping rite to a o n` Ttrtcj Bindarie A. B. Zoning District Boundaries Uncertain Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of Example 1: Three options are streams, rivers, canals, lakes, or other bodies of water shall available to resolve this "split be construed to follow such centerlines. In the event of a zoning" subject to Section 26- 119.D. 1) The entire lot may ay be natural change in the shoreline or centerline, the district considered R-2, 2) each portion boundary shall be construed as moving with the actual Y g of the lot may used as R-2 or C-1 within the re spective shoreline or centerline. In the event of a change directly or boundaries, or 3) an indirectly the result of human actions the district boundary Y administrative adjustment to the map may be requested. shall not be construed as following the new shoreline or centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal, description as contained in a rezoning ordinance or resolution adopted by th it il if th i d t th d ti f e c y counc , or, e zon ng pre- a es e a op on o Ordinance No. 98, adopted on May 2, 1972, shall be Example 2: Two options are " determined by measurement of the Official Zoning Map available to resolve this split zoning". C-1 is considered a currently in effect. "higher intensity" zone district; 7. Where physical or cultural features existing on the ground therefore it may not be utilized for the entire lot even though it are different than those shown on the Official Zoning Map, encompasses n or in other circumstances not covered by this S tipu of the lot may Each be used as R-2 or C-1 vdthin the subsections A thfeiiA F. above, the ( ? respective boundaries, or 2) an ~~,YylOpTnent, DD ~`tt2 b9 ffd -ef adjustfxeet Shall lriterpret administrative adjustment to the map may be requested. the district boundaries in accordance with procedures set ~z 115. J forth in W, P 7 ~ Figure 26-119.1: Interpretation of , r2.-_. R, 8. Boundaries indicated as approximately following section zoning district boundaries lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. (Ord. No. 2001-1215, § 1, 2-26-01) the zoning is consistent with the goals, A-1 Lower A-2 R-1 R-1 A R-18 R- 1C R-2 t a i r Higher Figure 26-119.2: Zone district levels of intensity. 3. Minor corrections a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the Community Development Director shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The Director shall also notify City Council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of the date of notice to the property owner, he or she fails to submit a written protest to the correction, the Director may correct the error and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) Section 2: Section 26-203 of the Code is repealed to read: Sec. 26-203. Rules for interpretation of district boundaries [Repealed] Section 3: Section 26-115 of the Code is amended to read: Sec. 26-115. Variance/waivers/temporary permits/interpretations 1. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: a. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. b. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 7)eletio ship efph al «t.. street, g is of` stfemns, eft boundaries, ete., where sueh varies or ai-7e ineensistefft with the effleial zoning maps of the nit y efWhe,.t Ride Section 4: Section 26-106 of the Code is amended to read: Sec. 26-106. Review process chart. TABLEINSET: Pre Application Final Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan X A A § 26-111 Major Subdivision X H H URA § 26-404.C Minor Subdivision X H H URA § 26-404.13 (w/dedications) Minor Subdivision Appeal to (w/o dedications) X H URA CC § 26- 404.13 Minor Plat Correction, Amendment, X A § 26-409 Revision Lot Line Adjustment X A § 26-410 Consolidation Plat X H H URA 1 § 26- (w/dedication) 404.1) Consolidation Plat 4 A URA § 26-117 (w/o dedication) X Planned Development: Outline x X H H URA 2 ART III Development Plan (ODP) Planned Development: Final X A URA ART III Development Plan (FDP) Planned x X H H URA 2 ART III Development: Outline Pre-Application Final Approval Requested Staff Neighborhood Staff PC CC BOA URPC Notes Development Plan Amendment Planned Development: Final Development Plan X A URA ART III Amendment Rezoning, Private x X H H URA 2§ 26-112 Rezoning, City X H H URA 2 § 26-113 § 26-114 Special Use x X A H URA Appeal to CC Variance-- Appeal to Administrative A A BOA § 26- 115.C Variance--Non- H URA § 26-115.C administrative Temporary Permit H A § 26-115.13 Appeal to Interpretation A BOA § 26- 115.E IN t1 e ~ A'„ 0 lm ~ a s 90A ap :1 Ix Historic Designation H URA ART IX Planned Bldg. Group 4 3§ 26-116 X A H A Floodplain Permit-- Class I A § 26-806 Floodplain Permit-- 4 H § 26-806 Class II X Right-of-way X H H URA § 26-118 Vacation Section 5: 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 6: Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: 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 8 to 0 on this 9th day of February, 2009, 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 Monday, February 23, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 12009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: February 12, 2009 Second Publication: Wheat Ridge Transcript: Effective Date: City of ~7~Iheat~dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION ~ . s c l ~ fJ Cdr` COUNCIL MEETING DATE: February 9, 2009 TITLE: COUNCIL BILL 02-2009 - AN ORDINANCE AMENDING CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS (CASE NO. ZOA-08-06) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: YES ® ORDINANCES FOR 1sT READING (02/09/09) ❑ ORDINANCES FOR 2ND READING (02/23/09) ® NO City Manae EXECUTIVE SUMMARY: At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of proposed short, mid, and long term zoning code amendments. The attached ordinance represents one amendment from that list. Staff has proposed the attached amendment that addresses properties with multiple zone district boundaries or zone district boundary discrepancies. There are numerous properties in the city with this issue. This presents substantial challenges to developing or redeveloping these properties. The recommended changes can be summarized briefly as follows: Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203 Provide limited "by right" options for property owners to use their property if it is "split zoned" Create administrative adjustment procedure available to property owners with split zoned lots The Planning Commission reviewed this code amendment at a public hearing held on December 18, 2008 and gave a recommendation of approval. COMMISSIONBOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, December 18, 2008. Planning Commission recommended approval of the attached ordinance by a unanimous vote. STATEMENT OF THE ISSUES: The city adopted the official Jefferson County zoning map when it was incorporated in 1969. The methods for how precisely the zone district boundaries were drawn relative to streets and property boundaries at this time is not certain. How these boundaries were drawn has resulted in a substantial number of properties with zone district boundaries that are not consistent with property boundaries and existing improvements on the property. An example of two properties with this issue is provided to the right. Current Code Currently, there are multiple sections of the Code that address these situations: • 26-203 "Rules for Interpretation of Zone District Boundaries", • 26-119 "Zoning and Mapping Corrections", and • 26-115.E "Interpretations". None of the above sections have historically provided adequate direction for staff to rectify these situations. There has not historically been a widely used or effective manner of dealing with these properties. The options for applicants in the current code can be summarized as follows: 1. The Board of Adjustment may interpret and adjust the district boundaries by a decision at a public hearing "where physical or cultural features existing on the ground are at variance with those shown on the official zoning map" per Section 26- 203.G. 2. Where there is a "verifiable error" in the Official Zoning Map, the Director of Community Development may make and administrative correction to the map per Section 26-119. This has been difficult to achieve given that the city adopted the Jefferson County zoning map when it was incorporated in 1969. Issue Summary There are two main issues with "split zoned" properties and the current code: 1. Each zone district contains its own unique set of development standards and allowed uses. For instance, a property with residential and commercial zoning (see above graphic example) contains two completely different sets of standards. Any type of improvements proposed on these properties presents a significant challenge for the property owner and staff to accommodate under current regulations. 2 recent examples of properties with split zoning. 2. The current regulations typically require an applicant to undertake a process with a public hearing to correct a zone district boundary issue they were not responsible for, unless a "verifiable error" can be found in how the district boundary was drawn. If this verifiable error can be found, the process may be administrative. As the distrit boundaries were error has been drawn in 1969 at the time the City incorporated, finding any extremely difficult. It has been staff s observation that the combined effect of a substantial number of properties with this issue and the lack of a clear process for dealing with them has contributed to many of these properties sitting in disrepair and/or being difficult to make improvements to. Staff Recommendations • Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203. • Provide limited administrative "by right" options for property owners to use their property if it is "split zoned". o These options include - 1) using the portions of the property with their respective zoning classifications, 2) using the entire lot for the zone district that encompasses the majority of the land area, provided that it is not to a "higher intensity" zone district; or 3) request an "administrative adjustment" to the official Zoning Map to adjust the zoning district boundary. • The administrative ity DeveopmentrDire for may approve follows: adjustment if it meets o The Community Development certain criteria; o The adjustment cannot extend the boundary by more than 50 feet; o The property cannot exceed 1 acre in size; and o The adjacent property owners are notified and given the opportunity to object - similar to the administrative variance process. ALTERNATIVES CONSIDERED: • Keep current code provisions dealing with these properties • For split zoned lots, allow the entire lot to be used with the zoning that encompasses more than 50% of the lot area, regardless of the zone district • Create improved non-administrative or administrative adjustment procedure applicable to all split zoned lots, not allowing "by right" adjustments FINANCLAL IMPACT: There is no direct financial impact to the city; however, improved flexibility for split zoned lots may result in opportunities to improve and occupy vacant commercial property. RECOMMENDED MOTION: "I move to approve Council Bill No. 2-2009, Case #ZOA-08-06, an ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations on first reading, order it published, public hearing set for Monday, February 23, 2009 at 7:00 p.m. in City Council Chambers and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill No. 2-2009 Case #ZOA-08-06, an ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations, for the following reason(s): .f) Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: 1. Council Bill No. 2-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No.02-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning district boundary discrepancies and interpretations; and WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making improvements to property; and WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient parameters and public involvement to deal with zoning district boundary discrepancies and interpretations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO: Section 1: Section 26-119 of the Code is repealed and reenacted to read: Section 26-119 Zoning and Mapping CoFFepAnns A. J,1, "7A j FGr~ 47;- / t4+ 4e Pt'A- B. Zoning District Boundaries Uncertain Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. In the event of a natural change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indirectly the result of human actions, the district boundary shall not be construed as following the new shoreline or centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by the city council, or, if the zoning pre-dates the adoption of Ordinance No. 98, adopted on May 2, 1972, shall be determined by measurement of the Official Zoning Map currently in effect. 7. Where physical or cultural features existing on the ground are different than those shown on the Official Zoning Map, or in other circumstances not covered by this' sr'el<fojf sw c: c t ub ,the fX4~#72~veis5p,}nc.~t~ ie~iR beard ofadjuskeeat shall interpret the district boundaries in accordance with procedures set forth in 8. Boundaries indicated as approximately following section lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. (Ord. No. 2001-1215, § 1, 2-26-01) Example 1: Three options are available to resolve this "split zoning" subject to Section 26- 119.D. 1) The entire lot may be considered R-2, 2) each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 3) an administrative adjustment to the map may be requested. Example 2: Two options are available to resolve this "split zoning". C-1 is considered a "higher intensity" zone district; therefore it may not be utilized for the entire lot even though it encompasses the majority of the lot. 1) Each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 2) an administrative adjustment to the map may be requested. on of 3. Minor corrections a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the Community Development Director shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The Director shall also notify City Council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of the date of notice to the property owner, he or she fails to submit a written protest to the correction, the Director may correct the error and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) Section 2: Section 26-203 of the Code is repealed to read: Sec. 26-203. Rules for interpretation of district boundaries [Repealed] Section 3: Section 26-115 of the Code is amended to read: Sec. 26-115. Variance/waivers/temporary permits/interpretations 1. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: a. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. b. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. c. Relatienship of physical impfevenieffts, streets, rights ef way; stFeams, preperty boundaries, , ,A4ere such varies of afe ineensistent with the effieial Eeiiiag maps of the City of-Wlwat-~. Section 4: Section 26-106 of the Code is amended to read: Sec. 26-106. Review process chart. TABLE INSET: Approval Requested Pre-Application Final Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan 4 X A A § 26-111 Major Subdivision X H H URA §26-404.C Minor Subdivision X H H URA § 26-404.13 (w/dedications) Minor Subdivision X H URA Appeal to CC § (w/o dedications) 26-404.13 Minor Plat Correction, X A § 26-409 Amendment, Revision Lot Line Adjustment X A § 26-410 Consolidation Plat X H H URA 1 § 26-404.1) (w/dedication) Consolidation Plat 4 X A URA § 26-117 (w/o dedication) Planned Development: Outline Development Plan X X H H URA 2 ART III (ODP) Planned Development: Final Development Plan X A URA ART III (FDP) Planned Development: Outline Development Plan X X H H URA 2 ART III Amendment Planned Development: Final Development Plan X A URA ART III Amendment Rezoning, Private x X H H URA 2§ 26-112 Rezoning, City X H H URA 2 § 26-113 § 26-114 Special Use x X A H URA Appeal to CC Variance--Administrative A A Appeal to BOA § 26-115.C Variance--Non- H URA § 26-115.C administrative Temporary Permit H A § 26-115.D Interpretation A Appeal to BOA § 26-115.E W-. Pre-Application Final Approval Requested Staff Neighborhood Staff PC BOA Notes CC URPC Historic Designation H URA ART IX Planned Bldg. Group 4 X A H A 3§ 26-116 Floodplain Permit--Class I A § 26-806 Floodplain Permit--Class 4 X H § 26-806 II Right-of-way Vacation X H H URA § 26-118 Section 5: 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 6: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7: 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 , 2009, 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 2009, 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 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: Current regulations lack flexibility with regard to fences in the floodplain. Additionally, the title of city engineer would be removed and replaced with the current title of director of Public Works and Floodplain Administrator. There was discussion about breakaway fences. Mr. Hirt stated that his understanding was the fences would be anchored and then lay flat if hit by debris. The fences would not add to flood debris. Staff recommended that any fence in the floodplain must still obtain a Class I exception permit, b t it would be at the Floodplain Administrator's discretion as to whether or nifust be elevated one foot above base flood elevation or of breakaway desgl Chair BRINKMAN asked if there were members Of the pualic.who wished to address this matter. Hearing no response, sh krl spd the publ 61.ng. It was moved by Commissioner MATT SEWS and seconded by e`' Commissioner REINHART to recommen~pp v I .of the propp d ordinance amending Article VIII of Chapee concerning floodplain administrator decision-makikigag authority and4?dplain development standards. The motion passe- S 0. C. Case No ZOA 08-06: An or din ce nendi Chapter 26 concerning zoning distuc,t boundary drscr paricres an d"ferpretations. WWW The case was~esented'F Jeff Hrrt H entered~all pertinent documents into the NAM record and advispPdythe Comrnissron theewas jurisdiction to hear the case. He reviewed the staff~re orandital presentation. Staff recommended approval for r~olithne--he staff3 pp The ordinance proposes amendments to 116w the Cdd- i%- esse roperties with multiple zone district boundaries or zone strict boun ~crepane;s There are numerous properties in the city that dams certain multiple zcfng dis~rct boundaries or have zone district boundary VMS cies The__ situations present substantial challenges to developing or redevenine the nrtlerties. In -iffiestion from Commissioner DWYER concerning the rationale for removingRese decisions from the Board of Adjustment, Mr. Hirt stated that the administrative option would take less time than going through the Board of Adjustment process and there would still be adequate oversight. If a neighbor wants to appeal an administrative decision, the appeal would go before the City Council. Commissioner DWYER commented that he is familiar with the problems caused by split zoning and expressed appreciation to the staff for drafting an ordinance to better address these situations. Planning Commission Minutes 3 December 18, 2008 There was discussion about the proposed provision for the Community Development Director to administratively amend the zoning map if the adjustment does not extend the zone district boundary more than 50 feet. Mr. Hirt stated that staff could take a closer look at some of the split zone lots in the city to see how the 50 foot limit would apply. There was also discussion about how staff arrived at the 50 foot maximum for an administrative zone district boundary adjustment. The Commission concluded that 50 feet was an appropriate number to stay within theliiiuts of a minor administrative adjustment. Chair BRINKMAN asked if there were m address this matter. Hearing no response, It was moved by Commissioner DW MATTHEWS to recommend approval Chapter 26 of the Code of Laws concer discrepancies and interpret:010ps. The D. ordinance amending plans. 2009): An to development It was movediy CommYSsioner MATHEWS and seconded by STEWART to continue' Case No. ZOA 08 07, an aIi trance amending Chapter 26 concerning amea~mentMo dev lopnu t plans to the January 15, 2009 Plan-' - X-- missi"ubhc°°bea The motion passed 8-0. ntinued to January 15, 2009): An 26 concerning City-initiated rezonings. 8. It was n[oved by Commissioner DWYER and seconded by Commissioner REINH~A T- to cd inue Case No. ZOA-08-08, an ordinance amending Chapter 26ganeeruing City-initiated zone changes to the January 15, 2009 Planning Commission public hearing. The motion passed 8-0. ADJOURNMENT OF REGULAR MEETING It was moved by Commissioner REINHART and seconded by Commissioner STEWART to adjourn the regular meeting to study session at 7:58 p.m. The motion passed 8-0. Because the next scheduled meeting of the Planning Commission falls on New Year's Day, the next meeting will be held on January 15, 2009. the by wished to district boundary ;ed 8-0. Planning Commission Minutes 4 December 18, 2008 Case No. ZOA-08-06 Iv. Examples of Split Zoned Lots Case No. ZOA-08-06 --uieee.>[Wduune Case No. ZOA-08-06 Case No. ZOA-08-06 Proposed 0r-3tn`ance Qpkions Qr= . Ca of seem ItasGt nher this op0o .apoop 2. _ 5 Use enttre~lot , ~ ~ ~ . for zone h : district wit majority area ! Must be ! !Z "lower o . intensity zone It the majority fth urea district is R-3. then the whole lot may be R-3 as this is "lower tV than C-t I t . n ers Case No. ZOA-08-06 Cannot extend boundary more than 50 feet OF WHEAT P PLANNING COMMISSION V c LEGISLATIVE ITEM STAFF REPORT ~~(ORA00 MEETING DATE: December 18, 2008 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS CASE NO. ZOA-08-06 ® PUBLIC HEARING ❑ RESOLUTION ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM Case Manager: Jeff Hirt Date of Preparation: December 18, 2008 SUMMARY: The attached ordinance proposes amendments to how the Code addresses properties with multiple zone district boundaries or zone district boundary discrepancies. There are numerous properties in the city that contain multiple zoning district boundaries or have zone district boundary discrepancies. This presents substantial challenges to developing or redeveloping these properties. Current Code Currently, there are multiple sections of the Code that address these situations: • 26-203 "Rules for Interpretation of Zone District Boundaries", • 26-119 "Zoning and Mapping Corrections", and • 26-115.E "Interpretations". None of the above sections have historically provided adequate direction for staff to rectify these situations. There is limited language in Sections 26-115.E and 26-203 that give some relief for zoning map errors, either administratively or at a public hearing before the Board of Adjustment. In order to qualify for an administrative correction it must be shown that there is a "verifiable error" in the zoning map, which has been difficult to achieve given that the city adopted the Jefferson County zoning map when it was incorporated in 1969. There has not historically been a widely used or effective manner of dealing with these properties. Recommendations Consolidate Sections 26-119 and 26-203 into one section, repealing 26-203. Provide limited administrative options for property owners to use their property if it is "split zoned". ZOA-08-06/Zoning Boundaries • These options include - 1) using the portions of the property with their respective zoning classifications, 2) using the entire lot for the zone district that encompasses the majority of the land area, provided that it is not to a "higher intensity" zone district; or 3) request an "administrative adjustment" to the Official Zoning Map to adjust the zoning district boundary. • The administrative adjustment procedure proposed is generally as follows: o The Community Development Director may approve the adjustment if it meets certain criteria; o The adjustment cannot extend the boundary by more than 50 feet; o The property cannot exceed 1 acre in size; and o The adjacent property owners are notified and given the opportunity to object - similar to the administrative variance process. The city adopted the official Jefferson County zoning map when it was incorporated in 1969. The methods for how precisely the zone district boundaries were drawn relative to streets and property boundaries at this time is not certain. How these boundaries were drawn has resulted in a substantial number of properties with zone district boundaries that are not consistent with property boundaries and existing improvements on the property. An example of two properties with this issue is provided to the right. The current code provides limited ability to rectify these situations. Essentially there are two options for dealing with these properties: 1. The Board of Adjustment may interpret and adjust the district boundaries by a decision at a public hearing "where physical or cultural features existing on the ground are at variance with those shown on the official zoning map" per Section 26-203.G. 2. Where there is a "verifiable error" in the Official Zoning Map, the Director of Community Development may make and administrative correction to the map per Section 26-119. STATEMENT OF THE ISSUES: There are two main issues with "split zoned" properties and the current code: 1. Each zone district contains its own unique set of development standards and allowed uses. For instance, a property with residential and commercial zoning (see above graphic example) contains two completely different sets of standards. Any type of improvements proposed on these properties presents a significant challenge for the property owner and staff to accommodate under current regulations. 2. The current regulations typically require an applicant to undertake a process with a public hearing to correct a zone district boundary issue they were not responsible for, unless a "verifiable error" can be found in how the district boundary was drawn. If this verifiable error can be found, the process may be administrative. As the district boundaries were drawn in 1969 at the time the City incorporated, finding any verifiable error has been extremely ZOA-08-06/Zoning Boundaries 2 2 recent examples of properties with split zoning. difficult. It has been staff's observation that the combined effect of a substantial number of properties with this issue and the lack of a clear process for dealing with them has contributed to many of these properties sitting in disrepair and/or being difficult to make improvements to. An exhibit is attached to this staff report for a recent land use case involving a "split zoned" lot for a specific example of a property owner dealing with this situation and attempting to make improvements to a property in relative disrepair. Please note that footnotes have been inserted into the proposed ordinance to explain specific changes proposed, deletions, and where language has been moved and consolidated. "I move to recommend approval of the proposed ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations." Exhibits: 1. Proposed Ordinance 2. Case No. WA-08-04, Interpretation of the Official Zoning Map ZOA-08-06/Zoning Boundaries EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING CODE OF LAWS CHAPTER 26 CONCERNING ZONING DISTRICT BOUNDARY DISCREPANCIES AND INTERPRETATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the Council of the City of Wheat Ridge finds that more flexibility is desirable with regards to zoning district boundary discrepancies and interpretations; and WHEREAS, the Council of the City of Wheat Ridge finds that providing flexibility, options, and a clear procedure for dealing with zoning district boundary discrepancies and interpretations creates an incentive for making improvements to property; and WHEREAS, the Council of the City of Wheat Ridge finds that this amended ordinance provides sufficient parameters and public involvement to deal with zoning district boundary discrepancies and interpretations; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-119 of the Code is repealed and reenacted to read: Section 26-119 Zoning and Mapping Cor-reetions Interpretation of Zoning District Boundaries i A. PurvoSe 1 NOTE: The following new section is intended to consolidate the current Sections 26-119 and 26-203 that both address zoning and mapping discrepancies. Language has been carried forward as noted, but much of the language proposed is new (shaded). 2 NOTE: Proposed new purpose statement. ZOA-08-06/Zoning Boundaries 4 B. Zoning District Boundaries Uncertain 3 Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. In the event of a natural change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indirectly the result of human actions, the district boundary shall not be construed as following the new shoreline or centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by the city council, or, if the zoning pre-dates the adoption of Ordinance No. 98, adopted on May 2, 1972, shall be determined by measurement of the Official Zoning Map currently in effect. 7. Where physical or cultural features existing on the ground are different than those shown on the Official Zoning Map, or in other circumstances not covered by this section sc oscetions A. through F. -above, the Cori inunrty Development Director beard of admen shall interpret the district boundaries in accordance with procedures set forth in Section 26=119.E seetion 26 4-13. 8. Boundaries indicated as approximately following section lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. (Ord. No. 2001-1215, § 1, 2-26-01) 3 NOTE: Taken from Section 26-203 of the current code (all of B.) 4 NOTE: The following (all of subsection C.) is proposed new language to clarify how zoning district boundaries relate to platting where lot lines are adjusted. We anticipate that this provision will not be used often, but there may be situations where this language would be helpful. For instance, where a portion of right-of-way is vacated along a zoning district boundary we would want the zoning district boundary adjusted accordingly. ZOA-08-06/Zoning Boundaries be construed as moving simultaneously with the property, line if the Community Development Director determines that each of the following apply: A. The property line adjustment is minor in nature, b. The corresponding adjustment in the zoning is consistent with the goals, objectives, and intent of the Comprehensive Plan; and c.. The adjustment is consistent with the general zoning pattern in the area. requisite conditions are satisfied, the unity Development Director may direct that the ( Zoning Map be adjusted. pursuant to Subsection E If any of these conditions are not satisfied, the district boundary may only be moved pursuant to the; tg process set forth in Section 26-112. Two or More Zoning Districts 5 toning district boundary line divides a lot that has nership at the time of the passage of this Code, zoning "the lot shall be governed by one of the following as elected by the Community Development Director re 26-119.1): ~t shall be considered to be in the zoning district in the majority of the land area of the lot falls, provided e lower intensity zone district is utilized in accordance 'igure 26-119.2 and the zone district to be utilized is tent with the Comprehensive Plan at the sole tion of the Community Development Director, or unt~,t ime as a rezoning is sought pursuant to Section 26 112 Code; or M-2 Example 1: Three options are available to resolve this "split zoning" subject to Section 26- 119.13. 1) The entire lot maybe considered R-2, 2) each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 3) an administrative adjustment to the map may be requested. 94 Example 2: Two options are available to resolve this "split zoning". C-1 is considered a "higher intensity" zone district; therefore it may not be utilized for the entire lot even though it encompasses the majority of the lot. 1) Each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 2) an administrative adjustment to the map may be requested. Figure 26-119.1: Interpretation of zoning district boundaries Development Director may make an admuustrat ve ad. ustment tke Map in accordance with the proceduresset forth, itr Section 26 119,E one ownership that exceed 1 acre in size may only be used m accordance_ above.b 'NOTE: The following (all of subsection D.) is proposed new language to address split zoned lots. e NOTE: This provision has been inserted to place a maximum size a split zoned lot can be to be eligible for the administrative process. Further discussion is needed as to the exact size. ZOA-08-06/Zoning Boundaries adiustmentin accordance with this Subsection E. 1. Procedure for Administrative Adjustments An application for an adjustment to the Official Zoning Map may be made to or initiated by the Community Development Director. The Community Development Director may administratively amend the Official Zoning Map under the a. The adjustment does not extend the zone district boundary more than 50 feet; b. The property subject to the adjustment does not exceed 1 acre in size;8 c. The,adjustment is consistent with and does not violate this Code, the City Charter, the Comprehensive Plan, or any other applicable rules arid' regulations' of the City; and d. The ,Community Development Director has notifie adjacent property owners by letter notice and posti of the site at least ten (10) days prior to rendering:] decision, and that no objections have been receive during such ten-day period. Any objections must b received in writing and be directly related to the proposed boundary adjustment. General objection: regarding existing land use conditions or issues unrelated to the boundary adjustment will,not be considered valid objections for purposes of this Fwithin 30 days of sai o the adjustment, the l ccordance with subse Figure 26-119.2: Zone district levels of intensity. 'NOTE: This section, as proposed, replaces Section 26-119.A.1. that sets forth administrative corrections to the zoning map. This process has been set up to be comparable to the administrative variance process in Section 26-115, where there is a 10 day public notification window for comment. The language requiring a "verifiable error" to be found has been placed into subsection E.3 below. 'NOTE: The one acre and 50 foot provisions here have been suggested by staff to establish a size threshold for these cases. Further discussion may be needed as to the exact number. 9 NOTE: Subsections i-ii below are generally taken from Section 26-119.A.1.a of the current code relating to zoning map discrepancies. ZOA-08-06/Zoning Boundaries f. Fees for administrative adjustments shall be equal to those for administrative variances as set forth in the City's fee schedule. 2. Appeals 3. Minor corrections 10 The Community,Development Director may, from time to time, make minor corrections to the Official Zoning Map as set forth below. a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors 11 Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the Community Development Director shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The Director shall also notify City Council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of the date of notice to the property owner, he or she fails to submit a written protest to the correction, the Director may correct the error and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. '0 NOTE: The following is taken from Section 26-119.A.2 of the current code, with the introductory statement being new (there is not one currently). n NOTE: The following language in d-e is taken from 26-119.A.1 of the current code. This language sets forth the procedures for correcting the zoning map where a "verifiable error" has been found and some other minor corrections. ZOA-08-06/Zoning Boundaries e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) Section 2: Section 26-203 of the Code is repealed to read: Sec. 26-203. Rules for interpretation of district boundaries 12 [Repealed] Section 3: Section 26-115 of the Code is amended to read: Sec. 26-115. Variance/waivers/temporary permits/interpretations 13 1. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 3. Relationship of physiea a erAs stree4s rights of way, streams °..r.> whefe siieh varies or afe ineonSiste-n-t ivith *-he. offleial zoning maps- boundaries, of the City of Wheat Ridge, Section 4: Section 26-106 of the Code is amended to read: Sec. 26-106. Review process chart. 14 12 NOTE: As noted above, we propose consolidating this section with Section 26-119. With this, this section would be eliminated. 13 NOTE: The only change proposed in this section is shown below in Section 25-115.E.3 (shown as a strikethrough) to remain consistent with the new language proposed. 14 NOTE: The administrative adjustment procedure has been added to the review process chart below. ZOA-08-06/Zoning Boundaries TABLE INSET: Pre-Application Final Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC Site Plan X A A § 26-111 Major Subdivision X H H URA § 26-404.C Minor Subdivision X H H URA § 26-404.B (w/dedications) Appeal to Minor Subdivision X H URA CC § 26- (w/o dedications) 404.B Minor Plat Correction, Amendment, X A § 26-409 Revision Lot Line Adjustment X A § 26-410 Consolidation Plat X H H URA 1 § 26- (w/dedication) 404.1) Consolidation Plat 4 A URA § 26-117 (w/o dedication) X Planned Development: Outline Development X X H H URA 2 ART III Plan (ODP) Planned Development: Final Development X A URA ART III Plan (FDP) Planned Development: Outline Development X X H H URA 2 ART III Plan Amendment Planned Development: Final Development X A URA ART III Plan Amendment Rezoning, Private x X H H URA 2§ 26-112 Rezoning, City X H H URA 2 § 26-113 ZOA-08-06/Zoning Boundaries Pre-Application Final Approval Requested Notes Staff Neighborhood Staff PC CC BOA URPC § 26-114 Special Use x X A H URA Appeal to CC Variance-- Appeal to Administrative A A BOA § 26- 115.C Variance--Non- H URA § 26-115.C administrative Temporary Permit H A § 26-115.1) Appeal to Interpretation A BOA § 26- 115.E Administrative Appeal to Adjustments to the A CC § 26- Official Zoning.Map 119.E Historic Designation H URA ART IX Planned Bldg. Group 4 A H A 3§ 26-116 X Floodplain Permit-- A § 26-806 Class I Floodplain Permit-- 4 H § 26-806 Class H X Right-of-way X H H URA § 26-118 Vacation ZOA-08-06/Zoning Boundaries EXHIBIT 2: WA-08-04 STAFF REPORT E A . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CASE NO. & NAME: Board of Adjustment WA-08-04/Adams City of l Wheat~idge COMMUNITY DEVELOPMENT Case Manager: Jeff Hirt DATE OF MEETING: June 26, 2008 ACTION REQUESTED: Interpretation of the Official Zoning Map in accordance with Section 26-203 of the Code of Laws LOCATION OF REQUEST: 4390 Hoyt Court APPLICANT (S): Stuart Adams, GIA LLC OWNER (S): The Rock Trust LLC APPOXIMATE AREA: 7,266 square feet PRESENT ZONING: Residential Three (R-3) and Commercial One (C-1) PRESENT LAND USE: Vacant residential structure ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION ZOA-08-06/Zoning Boundaries The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant, Stuart Adams of GIA LLC, is making this request on behalf of The Rock Trust (owner) (Exhibit 1, Letter of Request). The request is for an interpretation to the Official Zoning Map in accordance with Section 26-203 of the Code. The property in question is located at 4390 Hoyt Court and currently contains a vacant residential structure. The property has two zoning classifications - Commercial One (C-1) to the north and Residential Three (R-3) to the south (Exhibit 2, Zoning Map). The Board of Adjustment is empowered to decide on requests for interpretations to the Official Zoning Map in accordance with Section 26-203 of the Code where physical or cultural features conflict with zoning district boundaries. The procedure referred to in that section is set forth in 26-115.E, "Interpretations". In this instance, there is a zoning district boundary running through the subject property, and in fact through an existing building constructed prior to the city's incorporation in 1969. The intent of the request is to gain approval from the Board to modify the zoning district boundary so that the entire property may contain C-1 zoning, whereas only the northern portion currently has this zoning classification. If approved, the Official Zoning Map will be modified to reflect this and the entire property will be subject to the regulations set forth in the C-1 district. fl. CASE ANALYSIS The applicant wishes to make improvements to the structure and the property to convert the house to a professional office. Having both residential and commercial zoning has presented significant challenges to having a viable use of the subject property. Regulations are substantially different between the two districts -from the allowed uses to development standards such as parking and landscaping. On the R-3 portion of the subject lot, the allowed uses are primarily residential although is could be used for parking and landscaping for the commercial use. On the C-1 portion of the subject lot, the only allowed uses are nonresidential with some allowance for residential uses subordinate to the commercial use. The following summarizes this zoning district boundary issue based on the information available to staff. Existing Property and Original Subdivision Plat In accordance with the Improvement Location Certificate (ILC) submitted by the applicant ~Exh~bif3; ]4 C); the subject property is 69' wide by 105.3' deep. There is a portion of land included as part of this property that was conveyed by deed that includes the southern 19 feet. There is an existing structure constructed in 1940 per the Jefferson County Assessor's Office that sits on this property. The property boundaries reflected on this ILC and on the city's Official Zoning Map have changed significantly since the -jy f f 4Phil llps Subdivision). This can be explained by various original subdivision plat for this area in 1960 (_x conveyances of land by deed that have taken place over time. Based on staff and the applicant's research on ownership, platting, and land conveyances on this property, it appears that land was conveyed in 1969 and 1973 to create the current subject property (Exhrbit 5`Propeity History"). There is no indication that any kind of plat was filed or any city approval given to formally establish this parcel. They are however lots of record as the land conveyance and legal descriptions were recorded with Jefferson County and they currently recognize the lot as it stands today, as does the city on its Official Zoning Map. Relationship to Official Zoning Map Staff has concluded that the most logical explanation as to why the zone district boundary does not follow any property boundary is because these lots were created in 1969 and 1973 only through Jefferson County, not the city. With this, ZOA-08-06/Zoning Boundaries there was likely not any consideration of the zone district boundary as it related to the existing structure and/or the new property boundaries. In creating the Official Zoning Map, staff uses the Jefferson County parcels electronic database to display property boundaries in relation to zone district boundaries. It is important to note that subsequent to when the city incorporated in 1969, the existing Jefferson County Official Zoning Map was adopted by the City of Wheat Ridge. As a result, the records prior to this as to why district boundaries were created as they were are not attainable. Other Options Considered for the Applicant In order to accommodate the desired use on the property, or any single use for the entire property there are essentially four options for the applicant in the Code. Each option was discussed with the applicant and the most viable alternative is the case as it is being heard. The implications of each are discussed below: 1. Request a zone change to Planned Commercial Development Involves typically a minimum 6-9 month process with multiple public hearings and submittal of an Outline Development Plan (ODP) and a Final Development Plan (FDP) 2. Use only the C-1 portion of the lot and the structure for a commercial use, and use the R-3 portion only for parking and noncommercial/residential uses. This alternative was discussed with the applicant; however it became problematic to provide adequate parking and use of the existing structure for the business. 3. Per Section 26-119.A.1 ofthe Code, request an administrative correction to the zoning map where a "verifiable error" exists. Staff was unable to find a "verifiable error" as it relates to the Official Zoning Map. While clearly there should not be a zone district boundary running through a property and/or a building, there is no documentation that has been found to verify that an error was made directly related to this zone district boundary. The information related to land conveyances by deed (per Exhibit 5, Property History) were not deemed to be a "verifiable error" in this context by the Director of Community Development. 4. Per 26-203 ofthe Code, request an interpretation to the Official Zoning Map before the Board ofAdjustment to allow one zone district to exist on this property. Surrounding Land Uses The surrounding land uses consist of nonresidential and multi-family uses (Exhibit 6, Surrounding Land Uses). • North: Auto repair (zoned C-1) • South: Parking lot (zoned R-3) • East: Car wash and multi-family (zoned C-1) • West: Office (zoned C-1) and multi-family (zoned R-3) "Split Zoning" as a Disincentive for Development/Improvements to Property Following the publication and mailings for this case, multiple calls were received regarding the property's state of disrepair over the last several years. Property owners in the area stated that the property has been vacant for much of the time, and has suffered from a lack of maintenance (Exhibit,7, Property hnagesJ. The zone district boundaries on the subject lot can be described as "split zoning". Having "split zoning" is unfortunately not that uncommon among properties in the city. Staff occasionally has conversations with those who own or are interested in properties with "split zoning". It presents a substantial obstacle to development, redevelopment, and often renovations on these properties; thus in many cases these properties may remain vacant or in disrepair. Outcome of the Interpretation if Approved If this request is approved, the Board would essentially conclude that the Official Zoning Map should have been revised appropriately when these new property boundaries were created in 1969 and 1973. Whether or not the boundaries would ZOA-08-06/Zoning Boundaries have been revised to reflect an entirely R-3 zoned or C-1 zoned property is unclear given the timing of the land conveyance. Although the current structure is considered a single-family structure per the Jefferson County Assessors Office and the city's records, it is surrounded by nonresidential and multi-family uses. Staff has concluded that given this, extending the C-1 zoning is more viable than extending the R-3 zoning relative to the property and existing structure. Additionally, the applicant would not be able to conduct his business if the entire property were zoned R-3. Impacts of R-3 vs. C-1 Zoning Staff has concluded that extending the C-1 zone district boundary is more appropriate than extending the R-3 boundary on this property based on surrounding land uses and the viability of the two districts on this property. It is important to note again that the north portion of the property with the C-1 zoning contains most of the existing structure and may already be used within the regulations of the C-1 district. C-1 Zone District Allowances Some phone calls were received by surrounding residents and business owners, primarily for clarification as to what the case entailed, but also to discuss the implications of having the entire property zoned commercially in the future. Having the entire property zoned commercially will allow a variety of uses on the southern portion of the property in addition to the northern portion. Uses allowed in the C-1 district are set forth in Section 26-204 (table of allowed uses) of the Code for commercial and industrial districts. A variety of uses are allowed that include many types of retail and office. Auto uses for example (repair and sales) generally require a special use permit. R-3 Zone District Allowances Uses allowed in the R-3 district are set forth in Section 26-204 (table of allowed uses) of the Code for residential districts. The subject property would only be allowed to have a single family dwelling however based on its lot size. The R-3 district allows primarily residential uses with some allowance for nonresidential uses such as government buildings, day cares, and group homes. However per Section 26-211 (R-3 district standards), most nonresidential uses require 1 acre of land, and the subject parcel is well short of this. Single-family dwellings require at least 7,500 square feet of lot area, more than the current 7,265 square feet of the existing property. Any use other than a single-family dwelling requires at least 9,000 square feet of lot area. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Based on the analysis of the property, its history, and the surrounding neighborhood staff concludes that the Official Zoning Map should be modified to include Commercial One (C-1) zoning for the entirety of the subject property as shown on the Improvement Location Certificate. The Official Zoning Map should subsequently be modified to reflect the new zone district boundary. The Board of Adjustment is empowered to make this interpretation per Section 26-203 of the Wheat Ridge Code of Laws. Approval of this request does not constitute approval of a specific land use or development plan, it only relates to the zoning district boundary on the subject property. Therefore, staff recommends APPROVAL of Case Number WA-08-04 for the following reasons: 1. A substantial portion of the existing property, including most ofthe existing structure, is currently zoned Commercial One (C-1). 2. Based on surrounding land uses and the location of the property, staff has determined that Commercial One (C-1) zoning is appropriate for the southern portion of the subject property in addition to the northern portion. 3. Making improvements to the property has been, and will continue to be difficult if both Commercial One (C-1) and Residential Three (R-3) zoning district boundaries remain in their current state on the property. ZOA-08-06/Zoning Boundaries 4. Interpreting the zoning map to include Commercial One (C-1) zoning for the entire property will ensure a more viable use of the property in the future. 5. Interpreting the zoning map to include Commercial One (C-1) zoning for the entire property will provide an incentive to make improvements to a property that has been in disrepair for a significant period of time. ZOA-08-06/Zoning Boundaries NOTICE OF PUBLIC HEARINGS Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on December 18, 2008, 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. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case No. WZ-08-08 (rescheduled from December 4, 2008 due to lack of a quorum): An application filed by Coors Brewing Company to establish zoning of Agricultural-One (A-1) for land recently annexed into the City of Wheat Ridge generally located west of Lot 9 of Cabela's/Coors Subdivision, north of Clear Creek and south of State Highway 58 at Indiana Street extended. Case No. ZOA-08-06: An ordinance amending Chapter 26 concerning zoning district boundary discrepancies and interpretations. Case No. ZOA-08-07: An ordinance amending Chapter 26 concerning amendments to development plans. Case No. ZOA-08-08: An ordinance amending Chapter 26 concerning City-initiated rezonings. Case No. ZOA-08-09: An ordinance amending Chapter 26, Article VII concerning floodplain administrator decision-making authority & floodplain development standards. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: December 11, 2008 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: OA0806 _i i J Quarter Section Map No.: 777 Related Cases: _ J Case History: Ordinance amending Chapter 26 concerning oning district boundary discrepancies and _ _ i Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: ApprovallDenial Date: ResolOrdinance No. J Hirt r~ctive~ PC: 12/18108 J Conditions of Approval: it District: Date Received: 121212008___, Pre-App Date: City of ~Pr Wheat -Midge COMMUNITY DEVELOPMENT Memorandum TO: Gerald Dahl, City Attorney THROUGH: Ken Johnstone, Director of Community Development, Meredith Reckert, Senior Planner FROM: Jeff Hirt, Planner DATE: October 6, 2008 SUBJECT: Zoning Boundary Discrepancies Code Amendment One of the short term code amendment items is the issue of zoning boundary discrepancies. This is the section of code that deals with "split zoned" lots, and where zoning boundaries are uncertain. The explanations for the proposed amendments and where existing language has been carried forward and eliminated is provided in footnotes below. Please review and provide comment. Recommended New Code Laneua2e L. L Ullllls "Al LIKL Dllllllllal IVN VIIUCI-LUHI Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply: 1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as approximately following city limits shall be construed as following city limits. 4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of NOTE: The following new section is intended to consolidate the current Sections 26-119 and 26-203 that both address zoning and (napping discrepancies. Language has been carried forward as noted, but much of the language proposed is new (shaded). 2 NOTE: Taken from Section 26-203 of the current code (all of B.) Sec. 26-119. Interpretation of Zoning District Boundaries I streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. In the event of a natural change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indirectly the result of human actions, the district boundary shall not be construed as following the new shoreline or centerline. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by the city council, or, if the zoning pre-dates the adoption of Ordinance No. 98, adopted on May 2, 1972, shall be determined by measurement of the Official Zoning Map currently in effect. 7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by tl}ts se subsections n .t above, the Cciia~ttiunaty ::Development T~trectos beard- e€ adjustment shall interpret the district boundaries in accordance with procedures set forth in Section 26 11J I2 section 26 115. 8. Boundaries indicated as approximately following section lines or division lines of sections (i.e. quarter-section lines) shall be construed to follow such land lines. 'NOTE: The following (all of subsection C.) is proposed new language to clarify how zoning district boundaries relate to platting where lot lines are adjusted. We anticipate that this provision will not be used often, but there may be situations where this language would be helpful. For instance, where a portion of right-of-way is vacated along a zoning district boundary we would want the zoning district boundary adjusted accordingly. 2 (Ord. No. 2001-1215, § 1, 2-26-01) Example 1: Three options are available to resolve this "split zoning" subject to Section 26- 119.D. 1) The entire lot may be considered R-2, 2) each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 3) an administrative adjustment to the map may be requested. Example 2: Two options are available to resolve this "split zoning". C-1 is considered a "higher intensity" zone district; therefore it may not be utilized for the entire lot even though it encompasses the majority of the lot. 1) Each portion of the lot may be used as R-2 or C-1 within the respective boundaries, or 2) an administrative adjustment to the map may be requested. Figure 26-119.1: Interpretation of zoning district boundaries a NOTE: The following (all of subsection D.) is proposed new language to address split zoned lots. 'NOTE: This provision has been inserted to place a maximum size a split zoned lot can be to be eligible for the administrative process. Further discussion is needed as to the exact size. JERRY: Are you A having this procedure falling under the "interpretation" procedure under Section 26-106 (review process chart), as a "WA" case? NOTE: This section, as proposed, replaces Section 26-119.A.1. that sets forth administrative corrections to the zoning map. This process has been set up to be comparable to the administrative variance process in Section 26- 115, where there is a 10 day public notification window for cotmnent. The language requiring a "verifiable error" to be found has been placed into subsection E.3 below. by] lle` agp tlSe! hea s NOTE: The one acre and 50 foot provisions here have been suggested by staff to establish a size threshold for these cases. Further discussion may be needed as to the exact number. NOTE: Subsections i-ii below are generally taken from Section 26-119.A.1.a of the current code relating to zoning map discrepancies. 4 3. Minor corrections 10 a. Subdivisions Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. b. Base map Corrections to watercourse locations or names, location or names of lakes, names or location of street or railroads. c. Zoning information Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two (2) different zone districts. d. Verifiable Errors I Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the Official Zoning Map, or as represented in a rezoning ordinance, the director of community development shall notify the current property owner by certified mail of the error and shall inform the owner of the intent to correct the error based upon the record of the last rezoning action. The director shall also notify city council of the proposed correction by memorandum, including documentation which supports the corrective action. If within thirty (30) days of said notice the owner fails to submit a written protest to the correction, the director is authorized to cause the error(s) to be corrected and shall publish a legal notice of the correction. However, if the owner does file a written protest, a rezoning action shall be initiated. The rezoning action shall be subject to the provisions of section 26-112 except that no fee shall be assessed. e. Miscellaneous Corrections At any time minor corrections to the Official Zoning Map which do not affect the zoning of any parcel may be made with the approval of the Community Development Director and with a note added under the "revisions" box on said map, indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) 10 NOTE: The following is taken from Section 26-119.A.2 of the current code, with the introductory statement being new (there is not one currently). u NOTE: The following language in d-e is taken from 26-119.A.1 of the current code. This language sets forth the procedures for correcting the zoning map where a "verifiable error" has been found and some other minor corrections. Sec. 26-203. Rules for interpretation of district boundaries 12 [Repealed] See. 26-115. Variance/waivers/temporary permits/interpretations 13 A. Interpretations The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 3. Relationship of playsical improvements, stFeets, rights of streams, prep boundaries, ete., whe-resuel; varies or afe ineensistent wil-11 fl;P. official zoning maps of the City ..fWheat Ridg t4 12 NOTE: As noted above, we propose consolidating this section with Section 26-119. With this, this section would be eliminated. " NOTE: The only change proposed in this section is shown below in Section 25-115.E.3 (shown as a strikethrough) to remain consistent with the new language proposed. 14 NOTE: Staff is proposing to make interpretations to the zoning map an administrative process.