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HomeMy WebLinkAboutOrdinance 2012-1524CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 22 ORDINANCE NO. 152'4 Series of 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE REVIEW PROCESS FOR PUBLIC SCHOOLS 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, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the City's current requirement for public schools to complete a Special Use Permit does not comply with the Colorado Revised Statutes, Title 22; and WHEREAS, the City wishes to amend Chapter 26 so that the review process for public schools complies with state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: SCHOOL, PRIVATE. ANY PRIVATE OR PAROCHIAL SCHOOL FOR ANY GRADES BETWEEN KINDERGARTEN AND TWELFTH THAT IS NOT A PUBLIC SCHOOL AND THAT IS EITHER ACCREDITED BY THE COLORADO DEPARTMENT OF EDUCATION OR RECOGNIZED BY AND IN GOOD STANDING WITH THE COLORADO DEPARTMENT OF EDUCATION. THIS TERM SHALL NOT INCLUDE DAY CAMPS OR TRADE OR BUSINESS SCHOOLS. SCHOOL, PUBLIC. ANY SCHOOL THAT DERIVES ITS SUPPORT, IN WHOLE OR PART, FROM MONEYS RAISED BY A GENERAL STATE, COUNTY, OR DISTRICT TAX AND THAT IS ACCREDITED BY THE COLORADO DEPARTMENT OF EDUCATION. A PUBLIC SCHOOL SHALL ALSO INCLUDE A SCHOOL THAT OPERATES UNDER A CHARTER CONTRACT ENTERED INTO PURSUANT TO THE PROVISIONS OF ARTICLE 30.5 OF TITLE 22. C.R.S. 1 Section 2: Section 26-123 of the Code is amended to delete the following definitions : Ssheel, publis, pFivate aAd paFeshial. ARy fUibli&, pare&hial er private s&heel fer aRy grades bet\tJeeR kiRdergarteR aRd t\tJelfth that is either a&&redited by the Celerade DepartmeRt ef &du&atieR er re&egRized by aRd iR geed staRdiRg with the Celerade DepartmeRt ef &du&atieR fer purpeses ef &empulsery edu&atieR requiremeRts. This term shall Ret iR&Iude "trade er busiRess s&heels" er "day &amps." Section 3: The Tables of Uses in Section 26-204 of the Code are amended to read: Section 26-204. Zone district use schedule Table of Uses-Residential Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A One-family p p p p p p dwelling Two-family p p dwelling Three-family p dwelling Four-family p dwelling Multifamily dwelling Bed and breakfast See§ 26-608 s s s s s s Church, parish s s s s s s house Day care home, s s s s s s large Electric s s s s s s transmission substation Farmers' markets Not permitted as an p p p p p p accessory use on properties where the 2 R-3 R-3A p p p p p p p p p p s s s s p p s s p p Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A primary use is a single-or two-family home. Submittal to community development department required . See§ 26-635 Foster care home p p p p p p p p Governmental and No outside storage p p p p p p p p quasi- governmental buildings , fire stations and public utility buildings Governmental and Outside storage s s s s s s s s quasi- governmental buildings , fire stations and public utility buildings Parking of Shall be allowed only on p p p p p p p p automobiles of lots containing clients , patients or nonresidential or quasi- patrons of public uses , subject to § adjacent 26-501C.4 commercial or nonresidential uses Parking of Shall be allowed on lots s s s s s s s s automobiles of adjacent to business only clients , patients or if the business owner also patrons of owns the adjacent lot adjacent commercial uses Parks Includes: Noncommercial p p p p p p p p playgrounds or other public recreation uses Produce stands See§ 26-636 . Where p p p p p p p p located on a lot with a 3 Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A residential dwelling unit, must meet home occupation regulations per§ 26-613 Public or private Restaurants , lounges and s s s s s s s s golf courses , bars permitted as country clubs or accessory to a public or clubs operated for private golf course the benefit of members only and not for gain PuiJiis aRct s s s s s s s s pFi,~ate ssheels, sellagas aRct uRi¥aFSi,ias. Residential group See§ 26-612 s s s s s s s s home for children Residential group See§ 26-612 p p p p p p p p homes , nursing homes, and congregate care facilities for 8 or fewer elderly persons Residential group See§ 26-612 s s s s s s s s homes , nursing homes , or congregate care facility for 9 or more elderly persons SCHOOLS FOR CONDUCTED ENTIRELY ~ ~ ~ ~ ~ ~ ~ ~ INDUSTRIAL OR WITHIN AN ENCLOSED BUSINESS BUILDING TRAINING 1 INCLUDING VOCATIONAL 4 Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A TRADE OR PROFESSIONAL SCHOOLS AND COLLEGES AND UNIVERSITIES SCHOO LSi MUST COMPLETE SITE f f f f f f f f PUBLIC PLAN REVIEW (KINDERGARTEN PROCESS PER § 26-111 THROUGH TWELFTH INCLUDES THOSE GRADE) ACCESSORY USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES. SCHOOLS: INCLUDES: THOSE § § § § § § § § PRIVATEj ACCESSORY USES (KINDERGARTEN COMMONLY THROUGH ACCEPTED AS TWELFTH NECESSARY THERETO GRADE) WHEN LOCATED ON THE SAME PREMISES SCHOO LSi INCLUDES: THOSE § § § § s § § § COLLEGES AND ACCESSORY USES UNIVERSITIES COMMONLY WITH OUTDOOR ACCEPTED AS CAMPUS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES Urban gardens See§ 26-637 p p p p p p p p Wind powered Not in excess of 35 feet s s s s s s s s electric generators 5 Table of Uses-Agricultural and Public Facilities Uses Notes A-1 A-2 PF Bed-and-breakfast Subject to requirements set forth in § s s 26-608 Cemeteries and Not including funeral homes s s crematories Churches parish s s houses Day care home, large s s Day care center, large s s Day care center, small s s Dog kennels , Provided that outside runs which are s s catteries , veterinary adjacent to residentially zoned or used hospitals property are no closer than 25 feet to a side or rear lot line Electric transmission s s substations Farmers' markets Submittal to community development p p p department required. See § 26-635 General farming and PROHIBITED in A-1 : The raising or p p raising or keeping of keeping of swine stock, bee keeping , INCLUDED in A-2 : The keeping of poultry or small animals such as swine and/or potbellied pigs, Sus rabbits or chinchillas Scrota Vittatus , except such animals shall not be fed garbage Foster care home p p Fish hatcheries p p Governmental and No outside storage p p p quasi-governmental buildings , fire stations and public utility buildings 6 Uses Notes A-1 A-2 PF Governmental and Outside storage s s p quasi-governmental buildings, fire stations and public utility buildings Greenhouses and See§ 26-624 p p landscape nurseries, including both wholesale and retail sales of related products One-family dwelling p p Parks Includes noncommercial playgrounds p p p or other public recreation uses Produce stands See § 26-636. Where located on a lot p p p with a residential dwelling unit, must meet home occupation regulations per § 26-613 Pu~li& aA~ pFi¥ate lA pu~lis fasility ~istFi&t eAiy pu~li& $ $ p ss~eels 1 selleges, ss~eels aA~ uAi¥eF&ities Public or private golf Not including a private club which s s courses, country clubs provides service customarily carried on or clubs operated for as a business the benefit of members only and not for gain Race track, fair s s grounds, amusement resorts, heliports, radio towers and stations Residential group See§ 26-612 p p homes for 8 or fewer elderly persons 7 Uses Notes A-1 A-2 PF Residential group or See§ 26-612 s nursing homes, or congregate care facilities for 9 or more elderly persons SCHOOLS FOR CONDUCTED ENTIRELY WITHIN AN § § § INDUSTRIAL OR ENCLOSED BUILDING BUSINESS TRAINING. INCLUDING VOCATIONAL TRADE OR PROFESSIONAL SCHOOLS AND COLLEGES AND UNIVERSITIES SCHOOLSj PUBLIC MUST COMPLETE SITE PLAN f f f fKINDERGARTEN REVIEW PROCESS PER § 26-111 THROUGH TWELFTH GRADE) INCLUDES THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES. SCHOOLSj PRIVATE INCLUDES: THOSE ACCESSORY § § § (KINDERGARTEN USES COMMONLY ACCEPTED AS THROUGH NECESSARY THERETO WHEN TWELFTH) LOCATED ON THE SAME PREMISES SCHOOLSj INCLUDES: THOSE USES § § s COLLEGES AND COMMONLY ACCEPTED AS UNIVERSITIES WITH NECESSARY THERETO WHEN OUTDOOR CAMPUS LOCATED ON THE SAME PREMISES Residential group See§ 26-612 s homes for children Riding academies and Provided that any structure housing p p animals which is adjacent to a 8 Uses Notes A-1 A-2 PF public stables residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Urban gardens See§ 26-637 p p p Wind-powered electric s s generators not in excess of 35 feet. Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1-E Schools for Conducted entirely within an enclosed f s s industrial or building f f business tra ining , including vocational trade or professional schools,-AND COLLEGES AND UNIVERSITIES SCHOOLS; MUST COMPLETE SITE PLAN p f f p p PUBLIC REVIEW PROCESS PER § 26-111 (KINDERGARTEN THROUGH TWELFTH GRADE) INCLUDES: THOSE USES COMMONLY ACCEPTED AS NECESSARY THERETO WHEN LOCATED ON THE SAME PREMISES Schools : Publis; INCLUDES: Those uses commonly s s s p p PRIVATE accepted as necessary thereto when (KINDERGARTEN located on the same premises THROUGH TWELFTH GRADE) SCHOOLS; INCLUDES: THOSE USES §. §. §. f f COLLEGES AND COMMONLY ACCEPTED AS UNIVERSITIES NECESSARY THERETO WHEN WITH OUTDOOR LOCATED ON THE SAME PREMISES CAMPUS Section 4: Safety Clause . T he City Council here by f inds , determines, and declares that this Ord inance is promulgated under the general pol ice power of the City of Wheat Ridge , that it is promulgated for the health , safety and welfare of the public and that this 9 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 5: 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 6: 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 24th day of September, 2012, 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, October 8, 2012 at 7:00p.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_8_ to _0_, this 8th day of October , 2012. ATTEST: October 26, 20 12 10