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HomeMy WebLinkAboutZOA-08-08CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 08-2009 Ordinance No. 1434 Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 113 OF CHAPTER 26 CONCERNING CITY INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) 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 City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment as outlined in the adopted Neighborhood Revitalization Strategy and adopted subarea plans. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-113 of the Code is amended to read: Sec. 26-113. City-initiated rezoning. A. Applicability. This rezoning procedure a_lies to nre»ert~t rezoninQS initiated by city council. Te be eligible for v, l fi le r-o rmilti d L ea i t t l bi 5 ett rezonm 4 er at east ve ( p p ne area. arge af , ) aefes ft o a com p y g f l O f G i b eategefy; er- l T1 i id ne ( ) rom emffiefe a Y , ti,.l O e R /D 3 t D id in r aii 1 suit, r,al zone dist6 et ent a Res n ( ezeii ) o es en y l / B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26- 109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning c. INN , r b., ....,u, ..Y...Y..,Y.,..y...z.,....b.;, large area, multipi rezoning shall, in addition to the newspaper notice required by a. E)Athis ph, be noticed by certified mail notice sent to all owners of subsection's record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26-112(d). 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first the required map, shall meet the newspaper publication requirement. reading, together with lip The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112.D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths (3/4) of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04) Section 2: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of 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 4: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd 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, March 9, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`x' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 9th day of March 1 2009. SIGNED by the Mayor on this 9th day of d~ ATTEST: Michael Snow, City Clerk First Publication: February 26, 2009 Second Publication: March 12, 2009 Wheat Ridge Transcript: Effective Date: March 27, 2009 2009. orm Ap d s To Gerald E. Dahl, City Attorney CITY COUNCIL MINUTES: March 09, 2009 D. Approval of Award RFP-05-14 Final Maintenance Services to American amount of $59,698. Page -2- Renewal Agreement Right-of-Way Civil Constructors, Inc., in the E. Approval of Award RFP-09-10 Forestry Maintenance Services to various vendors in the total amount of $66,500.00. F. Motion to cancel March 16, 2009 City Council Study Session. Consent Agenda was introduced and read by Council Member Sang. Motion by Mrs. Sang for approval of Consent Agenda Items A through F; seconded by Mrs. Adams; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 07-2009 - An Ordinance amending Section 26-311 of Chapter 26 of the Wheat Ridge Code of Laws concerning amendments to Development Plans in Planned Zoning Districts. (Case No. ZOA-08-07) Mayor DiTullio opened the public hearing. Council Bill 07-2009 was introduced by Council Member Gokey. City Clerk Michael Snow read the Executive Summary and assigned Ordinance No. 1433. Jeff Hirt presented the staff report. No citizens were present to speak on this item. Mayor DiTullio closed the Public Hearing. Motion by Mr. Womble to approve Council Bill 07-2009 (Ordinance 1433) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 7-1 with Mr. Gokey voting No. Item 3. Council Bill 08-2009 - An Ordinance amending Section 113 of Chapter 26 of the Wheat Ridge Code of Laws concerning City initiated Zone Changes. (Case No. ZOA-08-08) Mayor DiTullio opened the public hearing. Council Bill 08-2009 was introduced by Council Member Gokey. City Clerk Michael Snow read the Executive Summary and assigned Ordinance No. 1434. Jeff Hirt presented the staff report. CITY COUNCIL MINUTES: March 09, 2009 Page -3- Louise Turner spoke in opposition to the proposed Ordinance, citing that the Ordinance allows the City to initiate these rezonings with or without any approval from the residents or owners affected. Mrs. Turner contends that this infringes on individuals' property rights and violates a most-basic principle of our representative government. Mayor DiTullio closed the Public Hearing. Motion by Mr. Gokey to approve Council Bill 08-2009 (Ordinance 1434) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 7-1 with Mr. Womble voting No. Item 4. Council Bill 09-2009 - An Ordinance directing disposal by demolition of a City-owned building located at 3388 Swadley Street. Mayor DiTullio opened the public hearing. Council Bill 09-2009 was introduced by Council Member Adams who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1435 Mr. Paranto presented the staff report. No citizens were present to speak. Mayor DiTullio closed the Public Hearing. Motion by Mrs. Adams to approve Council Bill 09-2009 (Ordinance 1435) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 8-0. ORDINANCES ON FIRST READING Item 5. Council Bill 10-2009 - An Ordinance providing for the approval of a change of zoning from Commercial One (C-1) and Residential Two (R-2) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan for property located at 10403 West 44th Avenue. (Case No. WZ-08-07/Irpinia) Council Bill 10-2008 was introduced on first reading by Mrs. Rotola. Motion by Mrs. Rotola to approve Council Bill 10-2008 on first reading, order it published, public hearing set for Monday, April 13, 2009 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Langworthy; carried 8-0. ilY Ol♦~ Case No. ZOA-08-08 t., wheat Iza" g, Case No. ZOA-08-08 W heat R Z~ge ll~ Clty Ot ZoPoor eatI idge 103, ITEM NO: V1, REQUEST FOR CITY COUNCIL ACTION ~fI ~c s~,1 n COUNCIL MEETING DATE: March 9, 2009 TITLE: COUNCIL BILL NO. 08-2009 - AN ORDINANCE AMENDING SECTION 26-113 OF CHAPTER 26 CONCERNING CITY- INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) ❑ ORDINANCES FOR 1sT READING (02/23/2009) ® ORDINANCES FOR 2ND READING (03/9/2009) ® NO E~q City ManagaV (3 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. The attached ordinance proposes amendments to the procedures for city-initiated zone changes as set forth in Section 26-113 of the Code of Laws. Specifically, the applicability of the procedure relative to the current size limitations and restrictions on what type of zone change the process may be used for. The changes can be briefly summarized as follows: Removing the restriction that in order to be eligible for this process, the subject property(s) must be at least 5 separate parcels or 5 acres in area. Removing the restriction that the process may only be used for a zone change to a less intensive zone district. The Planning Commission reviewed this code amendment at a public hearing held on January 15, 2009 and gave a recommendation of approval. ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS 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, January 15, 2009. Planning Commission recommended approval of the attached ordinance. STATEMENT OF THE ISSUES: In order to understand the scope of the proposed changes, it is important to explain the two different types of zone changes in the current Code of Laws as it relates to a city-initiated zone change. Private Rezonings (Section 26-112) This is the most common rezoning request handled by the Community Development Department. This procedure may be initiated by any applicant with consent from the property owner. The main difference between this procedure and the city-initiated rezoning procedure is with regards to the applicability - private rezonings for property over 1 acre or to any nonresidential zone district must be to a planned development. With this are the requirements for an outline and final development plan, along with the corresponding documents and public hearings. City-Initiated Rezonings (Section 26-113) This procedure is not commonly used, due in large part because of the size limitations and restrictions on what zone district(s) may be utilized. The process is very similar to that of a private rezoning, including utilizing the same review criteria in the decision-making process, a required neighborhood meeting, and the legal protest provision. The main difference is that under the current code, the process may only be used for large area, multiple property rezonings and only to less intensive zone districts. Specifically, properties that are either at least 5 acres in total size or 5 separate parcels. The rezoning process may only be used for "downzonings", such as from industrial to commercial, or commercial to residential. Legal Protests The Code of Laws provides for legal protests for both private rezonings and city-initiated zone changes, also consistent with Section 5.10 of the charter. This process basically states that if the owners of 20 percent or more of property on one side within 100 feet of the subject property file a written protest, a super majority (3/4) vote of city council is required to pass the zone change, as opposed to a simple majority. History This section of the Code of Laws was adopted in 1996 with the general intent to restrict the allowance for "upzonings" to higher density residential zone districts on a citywide basis as part of any city- initiated rezoning process. A city-initiated "downzoning" was approved in 1996. The Panorama Park neighborhood (33rd and Fenton vicinity) was subject to a mass rezoning that rezoned properties with existing single family homes from R-3 to R-1C and duplex properties from R-3 to R-2. Vacant R-3 properties and existing properties with multi-family dwellings were not included. Roughly 330 properties were involved. Property owners were able to "opt out" of this process if they wished. Another mass rezoning was undertaken in 1998 which impacted properties generally bounded by Parfet and Miller and W. 38th and W. 41st Avenues. 115 properties were rezoned from R-3 to R-113 and R-lC based on lot size. Again, property owners were able to "opt out" of the process. Both of these mass rezoning efforts were initiated by the Council representatives from those districts with concurrence from City Council. Related to the intent of this regulation as adopted in 1996, in 2001 Section 26-117.C was adopted with regards to the assembly of land for multi-family development. Specifically, this section restricts the ability for an applicant to consolidate two or more lots that are zoned R-3 or R-3A for the purposes of multifamily development, unless the predominant adjacent land uses are existing multifamily. Staff is currently evaluating this provision for a potential amendment but has not arrived at any specific recommendation at this time. Rationale for Amendment City-initiated rezonings can be a proactive way to encourage private sector redevelopment and implement subarea plans. There are many properties, particularly along the city's commercial corridors (e.g., Wadsworth, Kipling, 38th Ave, 44th Ave) and within adopted subarea plans that do not have zoning in place to accommodate desirable redevelopment as recommended in those plans. A private rezoning process typically takes a minimum of 6 months with little certainty as to the outcome of the process. The prospect of an applicant having to go through this process presents substantial challenges for the city to implement this redevelopment as set forth in the adopted Neighborhood Revitalization Strategy (NRS) and other subarea plans. As the city is trying to encourage both nonresidential and residential investment, removing the restriction that a city-initiated zone change may only be to a less intensive zone district will provide a tool for the nonresidential element if the city wished to utilize it. The proposed amendment would allow the city to initiate a rezoning to any zone district with this process. Additionally, removing the size restriction would allow the city to focus not just on large areas and multiple properties - but on smaller scale sites in need of redevelopment. The current city-initiated zone change provisions do not require property owner consent for the application, or for approval of the request. For example, the two rezoning examples above did not require property owner consent. Section 26-113.B.1.c requires that all property owners in the proposed zone change area must be notified at least 15 days prior to the hearing. It is important to note however that there is a legal protest provision where if more than 20 percent of the property owners in the proposed zone change area file a written objection, the approval requires a'/a vote by city council to be approved, rather than a simple majority. Additionally, if more than 20 percent of the property owners adjacent to the proposed change (within 100 feet) file a written objection, the same '/a vote is required. Staff is not proposing to change the current property owner consent for this process. We have however suggested adding language clarifying that property owner consent on the application is not required with a city-initiated rezoning. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2009, Case #ZOA-08-08, an ordinance amending Section 26-113 of Chapter 26 of the Code of Laws concerning city-initiated zone changes on second reading and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill No. 08-2009, Case #ZOA-08-08, an ordinance amending Section 26-113 of Chapter 26 of the Code of Laws concerning city-initiated zone changes, for the following reasons: " Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: 1. Council Bill No. 08-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 08-2009 Ordinance No. Series of 2009 TITLE AN ORDINANCE AMENDING CODE OF LAWS SECTION 113 OF CHAPTER 26 CONCERNING CITY INITIATED ZONE CHANGES (CASE NO. ZOA-08- 08) 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 City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment as outlined in the adopted Neighborhood Revitalization Strategy and adopted subarea plans. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-113 of the Code is amended to read: Sec. 26-113. City-initiated rezoning. A. Applicability. This rezoning procedure applies to property rezonings initiated by city council. Applicat excluding,thereq>ured authorizatton prs~ To be eligible for this pfeeedur-e, large area; ffiulfiple prepeFty Fezofgag miist inelade at least five (5) separate evoaffs* pafeels at least five (5) e in total mbi ed area. Large multiple «,..ey ryzen ng4s penrAtted tmder this seetion erAy in or-der to re~oae property te a less iRtensive (lower) imfte from any other zone distriet shall not be eonsidered a mzeiiing to a less intensive zone eategoFf. B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26- 109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning. c. All other, city-initiated rezonings : A city-initiated lasso area, ffmItiple rezoning shall, in addition to the newspaper notice required by subsection b & above of this par-agraplt, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26-112D(d). 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first reading, together with any the required map, shall meet the newspaper publication requirement. The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112.D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths (3/4) of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04) Section 2: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3: Severability: Conflicting Ordinances Revealed. If any section, subsection or clause of 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 4: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd 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, March 9, 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 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: February 26, 2009 Second Publication: Wheat Ridge Transcript: Effective Date: 14 City of "eatRiidge I 0'J q ITEM NO: REQUEST FOR CITY COUNCIL ACTION G s.++ fir= t~~ nn r. COUNCIL MEETING DATE: February 23, 2009 TITLE: COUNCIL BILL NO. 08-2009 - AN ORDINANCE AMENDING SECTION 26-113 OF CHAPTER 26 CONCERNING CITY- INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (02/23/2009) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (03/9/2009) ❑ RESOLUTIONS W'-U (f (ova irk Awut W { yo` Quasi-judicial: I LL-1 YES ® NO C4~_6 ~ City ManqAJ (J 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. The attached ordinance proposes amendments to the procedures for city-initiated zone changes as set forth in Section 26-113 of the Code of Laws. Specifically, the applicability of the procedure relative to the current size limitations and restrictions on what type of zone change the process may be used for. The changes can be briefly summarized as follows: • Removing the restriction that in order to be eligible for this process, the subject property(s) must be at least 5 separate parcels or 5 acres in area. • Removing the restriction that the process may only be used for a zone change to a less intensive zone district. The Planning Commission reviewed this code amendment at a public hearing held on January 15, 2009 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, January 15, 2009. Planning Commission recommended approval of the attached ordinance. STATEMENT OF THE ISSUES: In order to understand the scope of the proposed changes, it is important to explain the two different types of zone changes in the current Code of Laws as it relates to a city-initiated zone change. Private Rezonings (Section 26-112) This is the most common rezoning request handled by the Community Development Department. This procedure may be initiated by any applicant with consent from the property owner. The main difference between this procedure and the city-initiated rezoning procedure is with regards to the applicability - private rezonings for property over 1 acre or to any nonresidential zone district must be to a planned development. With this are the requirements for an outline and final development plan, along with the corresponding documents and public hearings. City-Initiated Rezonings (Section 26-113) This procedure is not commonly used, due in large part because of the size limitations and restrictions on what zone district(s) may be utilized. The process is very similar to that of a private rezoning, including utilizing the same review criteria in the decision-making process, a required neighborhood meeting, and the legal protest provision. The main difference is that under the current code, the process may only be used for large area, multiple property rezonings and only to less intensive zone districts. Specifically, properties that are either at least 5 acres in total size or 5 separate parcels. The rezoning process may only be used for "downzonings", such as from industrial to commercial, or commercial to residential. Legal Protests The Code of Laws provides for legal protests for both private rezonings and city-initiated zone changes, also consistent with Section 5.10 of the charter. This process basically states that if the owners of 20 percent or more of property on one side within 100 feet of the subject property file a written protest, a super majority (3/4) vote of city council is required to pass the zone change, as opposed to a simple majority. History This section of the Code of Laws was adopted in 1996 with the general intent to restrict the allowance for "upzonings" to higher density residential zone districts on a citywide basis as part of any city- initiated rezoning process. A city-initiated "downzoning" was approved in 1996. The Panorama Park neighborhood (33rd and Fenton vicinity) was subject to a mass rezoning that rezoned properties with existing single family homes from R-3 to R-1C and duplex properties from R-3 to R-2. Vacant R-3 properties and existing properties with multi-family dwellings were not included. Roughly 330 properties were involved. Property owners were able to "opt out" of this process if they wished. Another mass rezoning was undertaken in 1998 which impacted properties generally bounded by Parfet and Miller and W. 38th and W. 41st Avenues. 115 properties were rezoned from R-3 to R-113 and R-IC based on lot size. Again, property owners were able to "opt out" of the process. Both of these mass rezoning efforts were initiated by the Council representatives from those districts with concurrence from City Council. Related to the intent of this regulation as adopted in 1996, in 2001 Section 26-117.C was adopted with regards to the assembly of land for multi-family development. Specifically, this section restricts the ability for an applicant to consolidate two or more lots that are zoned R-3 or R-3A for the purposes of multifamily development, unless the predominant adjacent land. uses are existing multifamily. Staff is currently evaluating this provision for a potential amendment but has not arrived at any specific recommendation at this time. Rationale for Amendment City-initiated rezonings can be a proactive way to encourage private sector redevelopment and implement subarea plans. There are many properties, particularly along the city's commercial corridors (e.g., Wadsworth, Kipling, 38th Ave, 44th Ave) and within adopted subarea plans that do not have zoning in place to accommodate desirable redevelopment. A private rezoning process typically takes a minimum of 6 months with little certainty as to the outcome of the process. The prospect of an applicant having to go through this process presents substantial challenges for the city to implement this redevelopment as set forth in the adopted Neighborhood Revitalization Strategy (NRS) and other subarea plans. As the city is trying to encourage both nonresidential and residential investment, removing the restriction that a city-initiated zone change may only be to a less intensive zone district will provide a tool for the nonresidential element if the city wished to utilize it. The proposed amendment would allow the city to initiate a rezoning to any zone district with this process. Additionally, removing the size restriction would allow the city to focus not just on large areas and multiple properties - but on smaller scale sites in need of redevelopment. The current city-initiated zone change provisions do not require property owner consent for the application, or for approval of the request. For example, the two rezoning examples above did not require property owner consent. Section 26-113.B.1.c requires that all property owners in the proposed zone change area must be notified at least 15 days prior to the hearing. It is important to note however that there is a legal protest provision where if more than 20 percent of the property owners in the proposed zone change area file a written objection, the approval requires a % vote by city council to be approved, rather than a simple majority. Additionally, if more than 20 percent of the property owners adjacent to the proposed change (within 100 feet) file a written objection, the same'/4 vote is required. Staff is not proposing to change the current property owner consent for this process. We have however suggested adding language clarifying that property owner consent on the application is not required with a city-initiated rezoning. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. "I move to adopt Council Bill No. 08-2009 Case #ZOA-08-08, an ordinance amending Section 26- 113 of Chapter 26 of the Code of Laws concerning city-initiated zone changes on first reading, order it published, public hearing set for Monday, March 9, 2009 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 08-2009, Case #ZOA-08-08, an ordinance amending Section 26-113 of Chapter 26 of the Code of Laws concerning city-initiated zone changes, for the following reason(s): " Report Initiated by: Jeff Hirt Report Prepared by: Jeff Hirt Report Reviewed by: Meredith Reckert & Kenneth Johnstone ATTACHMENTS: 1. Council Bill No. 08-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 113 OF CHAPTER 26 CONCERNING CITY INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) 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 City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment as outlined in the adopted Neighborhood Revitalization Strategy and adopted subarea plans. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-113 of the Code is amended to read: Sec. 26-113. City-initiated rezoning. A. Applicability. This rezoning procedure applies to eity °°a° and large area multiple preperEy rezonings initiated by city council. Applications for city-initiated,rezonings may be made with or without consent from affected property owners. City-initiated rezonings may be to any zone district. In the event of a city-initiated zone change to a planned development district, the procedures in Section 26-308 shall be followed for the outline and final development plan, excluding the required authorization from.property owners. In the event of an amendment to a planned development district, the procedures set forth in Section 26-311 shall be followed, excluding therequired authorization from property: owners. To be eligible f ° h-wge arec4 aiialtiple prepeity rezoning must inelude at least five (5) separate ewne~~ paFeels or- at 1°°°t ti°° (5) aer-es in total bitted a Large td-tip ° petty r°"°«: Reside ti..l Three (R 3) to Residential One (R 1). Rezoning to a °..14ur-al z ° distfiet from any other- zene distfiet shall not be eensider-ed a Y-ezoiiing to a less intensWe zone eategefy-. B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26- 109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning. c. All other city-initiated rezonings Large area, niultiple prepeAy : A city-initiated rezoning shall, in addition to the newspaper notice required by subsection b a-. above paragraph, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26-112.13(d). 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first reading, together with any the required map, shall meet the newspaper publication requirement. The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112.D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths (3/4) of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04) Section 2: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3: Severability: Conflicting Ordinances Revealed. If any section, subsection or clause of 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 4: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this 23rd 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, March 9, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291i Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12009. 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: There was no one to address the Commission at this time. PUBLIC HEARING A. Case No. ZOA-08-07 (continued from December 18.2008): An ordinance amending Chapter 26 concerning amendments to development plans. The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. The amendments would affect the consent required from property owners in planned developments to submit an application for any type of amendment. Commissioner DWYER questioned the language in Section 26-311, paragraph A (only the property owner for the property where the amendment is being requested...) and asked what would happen in the case of multiple owners of a property who did not agree. He expressed concern that one person could make the decision even though all owners are not in agreement. Mr. Hirt stated that he would follow-up on this matter and possibly seek the city attorney's opinion. It was moved by Commissioner REINHART and seconded by Commissioner CHILVERS to recommend approval of the proposed ordinance amending Chapter 26 concerning amendments to development plans. The motion carried 5-1 with Commissioner DWYER voting no and Commissioners BRINKMAN and SCEZNEY absent. B. Case No. ZOA-08-08: An ordinance amending Chapter 26 concerning city-initiated rezonings. VF The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. The amendments relate to current minimum acreage limitations and restrictions on what type of zone change the process may be used for City-initiated rezonings. Currently, the subject property must be at least five separate parcels or five acres in area and the City- initiated rezoning process may only be used for a zone change to a less intensive zone district. In response to a question from Commissioner STEWART, Mr. Hirt explained that while the property owner wouldn't have to consent to making the application, the application would still have to go through the public process. This is the same as the current code. Planning Commission Minutes 2 January 15, 2009 Commissioner STEWART expressed concern about possible misuse of this type of ordinance. She would like to see more safeguards for property owners. Mr. Hirt commented that one of the biggest criteria to be used would be the future land use map and the comprehensive plan. Mr. Johnstone commented that the intent of the ordinance is to help the city do a good job of adopting land use plans and, when appropriate, rezoning properties to be consistent with those plans. It was moved by Commissioner DWYER and seconded by Commissioner TIMMS to recommend approval of the proposed ordinance amending Chapter 26 concerning city-initiated zone changes. The motion passed 5-1 with Commissioner STEWART voting no and Commissioners BRINKMAN and SCEZNEY absent. 8. OTHER ITEMS A. Resolution designating a public place for posting of notices of public meetings. This resolution identifies *h° hi- lletin 1)aar" the lobby of the municipal building as the designated place for posting meeting notices. It was moved by Commissioner TIMMS and seconded by Commissioner STEWART to pass Resolution 01-2009 designating a public place for posting of notices of public meetings. The motion passed 6-0 with Commissioners BRINKMAN and SCEZNEY absent. B. Postponement of Case No. WPA-08-02 - A resolution adopting an amendment to the City of Wheat Ridge Comprehensive Plan. This case will not be presented at the January 15, 2009 Planning Commission meeting as published in the Wheat Ridge Transcript on January 8, 2009. Once rescheduled, it will be republished. It was moved by Commissioner REINHART and seconded by Commissioner CHILVERS to postpone Case No. WPA-08-02 to a date to be determined in the future. The motion passed 6-0 with Commissioners BRINKMAN and SCEZNEY absent. C. Comprehensive Plan Open House Ken Johnstone reported on the Comprehensive Plan Open House held on Tuesday of this week. The open house was well attended and valuable input was received from the public. The Citizen's Advisory Committee will be meeting again next week to discuss results of consultant interviews and the joint study session. Planning Commission Minutes 3 January 15, 2009 City of WheatRddge PLANNING COMMISSION COMMUNRYDMLOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: January 15, 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING CITY-INITIATED ZONE CHANGES CASE NO. ZOA-08-08 ® PUBLIC HEARING ❑ RESOLUTION Case Manager: Jeff Hirt Date of Preparation: January 8, 2009 ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM SUMMARY: The attached ordinance proposes amendments to the procedures for city-initiated zone changes as set forth in Section 26-113 of the Code of Laws. Specifically, the applicability of the procedure relative to the current size limitations and restrictions on what type of zone change the process may be used for. The changes can be briefly summarized as follows: Removing the restriction that in order to be eligible for this process, the subject property(s) must be at least 5 separate parcels or 5 acres in area. Removing the restriction that the process may only be used for a zone change to a less intensive zone district. Notice for this public hearing was provided as required by the Code of Laws. ZOA-08-08/City-Initiated Zone Changes BACKGROUND: In order to understand the scope of the proposed changes, it is important to explain the two different types of zone changes in the current Code of Laws as it relates to a city-initiated zone change. Private Rezonings (Section 26-112) This is the most common rezoning request handled by the Community Development Department. This procedure may be initiated by any applicant with consent from the property owner. The main difference between this procedure and the city-initiated rezoning procedure is with regards to the applicability -private rezonings for property over 1 acre or to any nonresidential zone district must be to a planned development. With this are the requirements for an outline and final development plan, along with the corresponding documents and public hearings. City-Initiated Rezonings (Section 26-113) This procedure is not commonly used, due in large part because of the large size limitations and restrictions on what zone district(s) may be utilized. The process is very similar to that of a private rezoning, including utilizing the same review criteria in the decision-making process, a required neighborhood meeting, and the legal protest provision. The main difference is that under the current code, the process may only be used for large area, multiple property rezonings and only to less intensive zone districts. Specifically, properties that are either at least 5 acres in total size or 5 separate parcels. The rezoning process may only be used for "downzonings", such as from industrial to commercial, or commercial to residential. Legal Protests The Code of Laws provides for legal protests for both private rezonings and city-initiated zone changes. This process basically states that if the owners of 20 percent or more of property on one side within 100 feet of the subject property file a written protest, a super majority (3/4) vote of city council is required to pass the zone change, as opposed to a simple majority. Staff is not proposing to eliminate any of these provisions. History This section of the Code of Laws was adopted in 1996 with the general intent to restrict the allowance for "upzonings" to higher density residential zone districts on a citywide basis as part of any city- initiated rezoning process. A city-initiated "downzoning" was approved in 1996. The Panorama Park neighborhood (33`d and Fenton vicinity) was subject to a mass rezoning that rezoned properties with existing single family homes from R-3 to R-1C and duplex properties from R-3 to R-2. Vacant R-3 properties and existing properties with multi-family dwellings were not included. Roughly 330 properties were involved. Property owners were able to "opt out" of this process if they wished. Another mass rezoning was undertaken in 1998 which impacted properties generally bounded by Parfet and Miller and W. 38th and W. 41st Avenues. 115 properties were rezoned from R-3 to R- 1B and R-1 C based on lot size. Again, property owners were able to "opt out" of the process. Both of these mass rezoning efforts were initiated by the Council representatives from those districts with concurrence from City Council. ZOA-08-08/City-Initiated Zone Changes 2 Related to the intent of this regulation as adopted in 1996, in 2001 Section 26-117.C was adopted with regards to the assembly of land for multi-family development. Specifically, this section restricts the ability for an applicant to consolidate two or more lots that are zoned R-3 or R-3A for the purposes of multifamily development, unless the predominant adjacent land uses are existing multifamily. Staff is currently evaluating this provision for a potential amendment but has not arrived at any specific recommendation at this time. RATIONALE FOR AMENDMENT City-initiated rezonings can be a proactive way to encourage private sector redevelopment and implement subarea plans. There are many properties, particularly along the city's commercial corridors (e.g., Wadsworth, Kipling, 38a' Ave, 44`s Ave) and within adopted subarea plans that do not have zoning in place to accommodate desirable redevelopment. A private rezoning process typically takes a minimum of 6 months with little certainty as to the outcome of the process. The prospect of an applicant having to go this process presents substantial challenges for the city to implement this redevelopment as set forth in the adopted Neighborhood Revitalization Strategy (NRS) and other subarea plans. As the city is trying to encourage both nonresidential and residential investment, removing the restriction that a city-initiated zone change may only be to a less intensive zone district will provide a tool for the nonresidential element if the city wished to utilize it. The proposed amendment would allow the city to initiate a rezoning to any zone district with this process. Additionally, removing the size restriction would allow the city to focus not just on large areas and multiple properties - but on smaller scale sites in need of redevelopment. The current city-initiated zone change provisions do not require property owner consent for the application, or for approval of the request. For example, the two rezoning examples above did not require property owner consent. Section 26-113.B.1.c requires that all property owners in the proposed zone change area must be notified at least 15 days prior to the hearing. It is important to note however that there is a legal protest provision where if more than 20 percent of the property owners in the proposed zone change area file a written objection, the approval requires a'/4 vote by city council to be approved, rather than a simple majority. Additionally, if more than 20 percent of the property owners adjacent to the proposed change (within 100 feet) file a written objection, the same 1/4 vote is required. Staff is not proposing to change either the current property owner consent or legal protest provisions for this process. We have however suggested adding language clarifying that property owner consent on the application is not required with a city-initiated rezoning. ZOA-08-08/City-Initiated Zone Changes 3 "I move to recommend approval of the proposed ordinance amending Chapter 26 concerning city- initiated zone changes." Exhibits: I. Proposed Ordinance ZOA-08-08/City-Initiated Zone Changes 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 SECTION 113 OF CHAPTER 26 CONCERNING CITY INITIATED ZONE CHANGES (CASE NO. ZOA-08-08) 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 City Council of the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment as outlined in the adopted Neighborhood Revitalization Strategy and adopted subarea plans; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-113 of the Code is amended to read: Sec. 26-113. City-initiated rezoning. A. Applicability. This rezoning procedure ap lies to rezonines initiated by city council. in E I NOTE: This statement clarifies the current code provisions for property owner consent with city-initiated zone changes, as this is not clearly spelled out but implied with Section 26-113.B. Lc below. ZOA-08-08/City-Initiated Zone Changes 5 B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26-109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning. c.Large area, multiple prepe :Ae,: large area, multiple pr °t° rezoning shall, in addition to the newspaper notice required by subsection a. bo - of this paragraph, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26- 112M(d). 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the plannin commission hearing; however, publication of the ordinance on first reading, together with j the required map, shall meet the newspaper publication requirement. The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112.D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths (3/4) of the entire city council. Where land within the area ZOA-08-08/City-Initiated Zone Changes proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04) ZOA-08-08/City-Initiated Zone Changes 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 the limits of a minor administrative adjustment. Chair BRINKMAN asked if there were members of the public who wished to address this matter. Hearing no response, she closed the public hearing It was moved by Commissioner DWYER and seconded by Commissioner MATTHEWS to recommend approval of the proposed ordinance amending Chapter 26 of the Code of Laws concerning zoning district boundary discrepancies and interpretations. The motion passed 8-0. D. Case NO. ZOA-08-07 (to be continued to January 15,2009): An ordinance amending Chapter 26 concerning amendments to development plans. It was moved by Commissioner MATTHEWS and seconded by STEWART to continue Case No. ZOA-08-07, an ordinance amending Chapter 26 concerning amendments to development plans to the January 15, 2009 Planning Commission public hearing. The motion passed 8-0. E. Case No. ZOA-08-08 (to be continued to January 15,2009): An ordinance amending Chapter 26 concerning City-initiated rezonings. It was moved by Commissioner DWYER and seconded by Commissioner REINHART to continue Case No. ZOA-08-08, an ordinance amending Chapter 26 concerning City-initiated zone changes to the January 15, 2009 Planning Commission public hearing. The motion passed 8-0. 8. 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. Planning Commission Minutes 4 December 18, 2008 City of Wheatljdge MUNL y DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Jeff Hirt, Planner II DATE: December 12, 2008 (for December 18 meeting) SUBJECT: Case Number ZOA-08-08 Staff is recommending continuance of Case Number ZOA-08-08, and ordinance amending Chapter 26 concerning City-initiated zone changes to the January 15, 2009 Planning Commission public hearing. The purpose of the continuance is to allow adequate time for input from the city attorney before bringing it forward in ordinance form. Staff suggests the following motion: "I move to continue Case No. ZOA-08-08, and ordinance amending Chapter 26 concerning City-initiated zone changes to the January 15, 2009 Planning Commission public hearing". 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 29th 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 Summa ry of Research Rezonings Jurisdiction Arvada • Sec. 3.6.2 - "rezonings may be initiated by the property owner, city council, planning commission, or staff' • No limitation on upzoning vs. downzoning Denver • Article X, Sec. 59-648 - rezonings may be initiated by city council on its own motion, all of the owners of the subject property (s), or 51% of the owners of the subject property(s) by petition. • No limitation on upzoning vs. downzoning Englewood • Sec. 16-2-3 - the city may initiate rezonings without an application from affected property owners • No limitation on upzoning vs. downzoning Golden • Sec. 18.48.010 - rezonings may be initiated by the owner, any person with consent of the owner, the planning commission, or the city manager. • City-initiated rezonings to PUD require consent from property owner • No limitation on u zoning vs. downzoning Lakewood • Sec. 17-17.1 - rezonings may be initiated by the owner, any person with consent of the owner, the planning commission, or the city manager. • Sec. 17-17-8 - Comprehensive city initiated rezonings "affecting large numbers of properties" (50+ properties) • Notice to individual property owners for large area rezonings not required • No limitation on u zonin vs. downzoning Westminster • Sec. 11-5-3 - city may initiate rezonings without consent of property owner as long as rezoning criteria are met • No limitation on upzoning vs. downzoning Wheat Ridge (as of • Sec. 26-113 - City may only initiate rezonings for large areas February 2009) 5 properties or 5 acres), only to "downzone" • Property owner consent not required, but notice must be sent to affected property owners 15 days in advance Case No.: OA0808 Quarter Section Map No.: App: Last Name: Citywide Related Cases: C App: First Name: J Case History: F nance amending pter 26 concerning Owner: Last Name: initiated rezo it Owner: First Name: App Address: J Review Body: PC:_12I18/08.._______ City, State Zip: App: Phone: _ APN: _ Owner Address: 2nd Review Body: City/StatelZip: _ 2nd Review Date: _ Owner Phone: Decision-making Body: CC Project Address: Approval/Denial Date: _J Street Name: City/State, Zip: _ ResolOrdinance No.: Case Disposition: Conditions of Approval: District: Project Planner: Hirt File Location: ctwe Date Received: 121212008 Notes: Follow-Up: Pro-App Date: t rm a ` ~Y•~ X60 ogp ge 1' City of Wheatdge COMM:UNITy DEVELOPMENT Memorandum TO: Planning Division FROM: Jeff Hirt, Planner DATE: October 16, 2008 SUBJECT: City-Initiated Rezonings Code Amendment One of the short term code amendments is the issue of city-initiated zone changes, specifically the restriction on allowing the city to initiate a zone change to a more "intensive" zone district per Section 26-113.A of the code. Below is a summary of the current code as it relates to this issue, some preliminary research on adjacent jurisdictions, and the suggested new code language. Current Code: The current code has two types of rezonings, private (Sec. 26-112), and city-initiated (Sec. 26-113). City-initiated rezonings may only be for large areas - defined as at least 5 separate properties or 5 acres. City-initiated rezonings may only be to a less intensive zone district (e.g., C-1 to R-2, not R-2 to C-1). Comparable Jurisdictions: The three comparable jurisdictions looked at were Arvada, Golden, and Lakewood with the following conclusions: • All three allow for city-initiated rezonings on an individual property basis or on larger scales. • None of the three have restrictions on allowing " upzoning" vs. "downzoning "for city- initiated rezonings. • Only one (Lakewood) has an additional process for large scale, city-initiated rezonings. These are rezonings that involve 50 or more properties and are classified as "comprehensive city initiated legislative rezonings affecting a large number of properties". Sec. 26-113. City-initiated rezoning.t A. Applicability. This rezoning procedure applies to city-wide and large-area, multiple property rezoning initiated by the city council. To be eligible for this procedure, large-area! multiple-property rezoning must include at least five (5) separate ownership parcels or at least five (5) acres in total combined area.2 Large multiple n pet4y rezening is °fmi"°a ...,,t° this section only in ordef te rezene prepet4y te a less intensive (lower) zone category; fe ^exan+ple, ffem Genimereial One it 1) to Restricted r°"""°rei^' (RG) r ffem Residential zone district shall net be eensidefed a fezening te a less intensive zone category. B. Procedure and notice: 1. General. The city council may, at a regular or special meeting, initiate this rezoning procedure by adoption of a resolution setting forth the general area of the proposed rezoning, stating the intended purpose and objectives to be achieved by the rezoning, and referring the matter to the planning commission for a public hearing and recommendation. a. Prior to any public hearing before the planning commission, the city shall be required to hold a neighborhood meeting according to the requirements of section 26-109A. (See section 26- 109A. for requirements). b. City-wide rezoning: Where a city-wide or comprehensive rezoning has been initiated by the council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning. c. Large-area, multiple property rezoning: A large area, multiple property rezoning shall, in addition to the newspaper notice required by subsection a. of this paragraph, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2. Planning commission action. The planning commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The planning commission shall make a recommendation to city council to approve, approve with modifications or deny the rezoning proposal. The commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in section 26-112(d). 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first reading, together with the required map, shall meet the newspaper publication requirement. ' NOTE: The current code does not allow for the city to initiate a rezoning to any nonresidential district (in most cases) as a strategy to encourage redevelopment. Based on some anecdotal research done by staff on adjacent jurisdictions, Wheat Ridge is the only city with such restrictions. In fact, each of the three cities looked at (Arvada, Golden, and Lakewood) allow for city-initiated zone changes to any zone district on an individual property basis. We have suggested removing the restriction that the city cannot initiate a zone change to a more intensive district simply by eliminating the last two sentences from this paragraph. 2 QUESTION: Is this too large? Should we suggest a lower threshold for allowing city-initiated rezonings? The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under section 26-112D. In the event of a protest against such change of zone, signed by the owners of twenty (20) percent or more of the area: 1. Of the property included within the proposed change; or 2. Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or 3. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property, such change shall not become effective except by the favorable vote of three-fourths ( 3/4) of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non-city land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1316, § 2, 1-12-04)