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HomeMy WebLinkAboutOrdinance 1845 - BOA Transfer of DutiesCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON Council Bill No. 12 Ordinance No. 1845 Series of 2026 TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO TRANSFER THE DUTIES OF THE BOARD OF ADJUSTMENT TO THE PLANNING COMMISSION WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce ordinances and to create, modify, or dissolve boards and commissions; and WHEREAS, Section 2-61 of the Wheat Ridge Code of Laws establishes the Board of Adjustment to hear and decide requests for variances, waivers, and interpretations related to the City’s zoning ordinance, sign code, and subdivision regulations; and WHEREAS, the volume of variance requests has dropped significantly over the last 20 years resulting in a significant reduction in the number of cases requiring Board of Adjustment review; and WHEREAS, the Board of Adjustment now meets infrequently, and appointed members have limited opportunities to actively participate in quasi-judicial proceedings and public service; and WHEREAS, the Planning Commission already serves in a quasi-judicial role and currently hears certain variance requests associated with other land use applications; and WHEREAS, the City Council finds that consolidating Board of Adjustment duties with the Planning Commission will promote administrative efficiency, provide more consistent land use decision-making, and create greater opportunities for appointed officials to participate in public hearings and land use matters; and WHEREAS, the City Council further finds that maintaining the Board of Adjustment as a legally distinct body while assigning its duties to the members of the Planning Commission is in the best interests of the City; and WHEREAS, the City Council desires to allow current Board of Adjustment members to complete their current terms through March 2027 in order to provide an orderly transition of duties. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-61(a) of the Wheat Ridge Code of Laws, regarding the Board of Adjustment, is hereby amended as follows: (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in section 26-115, and as approved by the city council in the form of official rules and regulations for the board of adjustment. The members of the board of adjustment shall be those individuals appointed to serve as the planning commission, as described in Section 2-60(h). Terms of office for the planning commission and board of adjustment shall run concurrently. Section 2. Section 2-60 of the Wheat Ridge Code of Laws, regarding the Planning Commission, is hereby amended by the addition of a new subsection (h) as follows: (h) The members appointed to serve as the planning commission shall also serve as and perform the duties of the board of adjustment as described in Section 2-61. Terms of office for the planning commission and board of adjustment shall run concurrently. Section 3. Section 2-53(a) of the Wheat Ridge Code of Laws, regarding board and commission members, is hereby amended as follows: (a) Members of all boards and commissions shall be residents of the city and registered voters. Members of all boards and commissions shall be at least eighteen (18) years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall hold elective governmental office for the city or be employed by the city during tenure as a member of a board or commission. Except for members of the election commission, no board or commission member shall simultaneously serve on more than one (1) city board or commission. No board or commission member shall simultaneously serve on more than one (1) city board or commission, except as follows: i. Members of the election commission shall be eligible to serve on one (1) other city board or commission ii. Members of the planning commission shall also serve as the board of adjustment as described in Sections 2-60 and 2-61. Section 4. Term of Current BOA Members. Effective immediately, the terms of all current board of adjustment members shall be modified to expire in March 2027. Section 5. Transition Period. Effective immediately and in recognition of the transfer of duties of the board of adjustment, current members of the board shall not be subject to the single-board limit established by Section 2-53(a) and are eligible to apply for and serve on one (1) other city board or commission until their board of adjustment term expires in March 2027. Section 6. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained. Section 7. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect immediately 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 8th day of June 2026, ordered published by title in the newspaper and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for July 13, 2026 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 13th day of July 2026. SIGNED by the Mayor on this 16th day of July 2026. _______________________________ Korey Stites, Mayor ATTEST: _______________________________ Janeece Hoppe, City Clerk Approved as to Form _______________________________ Gerald E. Dahl, City Attorney First Publication: June 9, 2026 Second Publication: July 14, 2026 Effective Date: July 13, 2026 Jeffco Transcript and https://www.wheatridge.gov