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HomeMy WebLinkAboutOrdinance-1979-0358INTRODUCED BY COUNCILMEMBER Donaldson ORDINANCE NO. 358 Series of 1979 TITLE AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2, SECTION 2-24 OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article IV of Chapter 2, Section 2-24 of the Co e o the City of Wheat Ridge, Colorado, is hereby amended to read as follows. Sec. 2-24. Planning Commission Duties and Responsibilities (a) The Planning Commission shall develop and prepare a Master Plan for the physical, economic and social development and continuance of the municipality. The Planning Commission shall hold a public hearing on said plan and make its recommenda- tions to the City Council. The City Council shall adopt and approve said Master Plan after holding public hearings and shall authorize the City Clerk to have the Master Plan recorded at the County. The Master Plan shall be called the Compre- hensive Plan for the City of Wheat Ridge and shall be hereafter in this Ordinance referred to as The Comprehensive Plan. It shall include but not be limited to the following established character, goals and objectives, population land use, economic base, public facilities, parks and open space, transportation, prevention of pollution, and resource conservation. Amendments to the adopted chapters of The Comprehensive Plan or new proposed chapters to The Comprehensive Plan shall be initiated by the Planning Commission or referred to the Planning Commission by the City Council for the Planning Commission recommendation. No such amendment shall be final until acted upon by the City Council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The Planning Commission shall approve or disapprove amendments to the Master Plan or Comprehensive Plan submitted to it by City Council within thirty (30) days after such submission. The date of submission shall be the date City Council makes its decision to submit the matter to the Planning Commission. The approval or disapproval shall be in the form of recommenda- tions to City Council after all necessary public hearings have been held. Failure to make said written recommendations to City Council within thirty (30) days shall be deemed a recommendation for approval without comment to City Council and a certificate to that effect shall be issued by the Planning Commission upon demand. The Planning Commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the City Council within thirty (30) days from the date of the decision to submit the matter to the Planning Commission. Failure to approve or disapprove or to undertake the requested activity within the thirty (30) day time period shall be deemed a recommendation for approval without comment or a referral back to City Council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings The City Council may extend the thirty (30) day period based upon a finding that such extension would serve the best interests of the City. ORDINANCE NO. 358 PAGE TWO If the Planning Commission makes a recommendation for approval of a change to a zoning district which differs significantly from the Comprehensive Plan, the Planning Commission shall also make a recommendation for amendment of the Comprehensive Plan so the proposed zoning change shall fit compatibly into the overall planning concept of the City. (b) The City Council and the governing bodies of all other governmental agencies, and public or privately owned public utilities shall refer all matters of capital construction except for City street maintenance to the Planning Commission to determine if they conform to the Comprehensive Plan in location, character and extent. In the case of disapproval, the Commission shall communicate its reasons to the appropriate governing body, which has the power to overrule such disapproval by a recorded vote of a majority of its entire membership. (c) Any ordinances which will amend the zoning provisions of the Code of The City of Wheat Ridge may be referred to the Planning Commission by City Council at its discretion or may be acted upon by City Council without such recommenda- tion. This provision does not apply to any rezoning of land. (d) The Planning Commission shall hold a public hearing on all zoning cases. The staff shall provide a written staff report to the Planning Commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted Comprehensive Plan. The Planning Commission shall pass a resolution which makes a recommendation to the City Council. A negative decision of the Planning Commission may be appealed to the City Council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the City Clerk for inclusion and placement on the Agenda of the City Council, or City Council may by motion place it upon a Council Agenda for hearing and decision When a rezoning is denied, amendment of the Comprehensive Plan shall be considered. (e) Public hearings for development plans for planned develop- ment zoning shall be conducted using the same procedures as for approval of subdivision plats. (f) Preliminary subdivision plats shall be heard and approved by the Planning Commission through a public hearing with noti- fication based on the requirements of the subdivision regulations. (g) After holding a public hearing on final subdivision plats, the Planning Commission shall make a recommendation to City Council with final action taking place at the City Council. Public hearings shall be conducted following procedures out- lined in the subdivision regulations. (h) Public hearings shall be held for special use permits, which approve specific land uses following the procedures for changes of the zoning map The Planning Commission shall make a recommendation to the City Council and the final action shall be taken by the City Council following the procedures for changes to the zoning map (i) Special use permits for curb cut modification, parking lot buffering and parking in front of multi-family developments shall be decided by the Planning Commission ORDINANCE NO. 358 PAGE THREE (j) Amendments to the Subdivision Regulations shall be initiated by the Planning Commission or referred to it by the City Council The Commission recommendation shall be forwarded to the City Council for amendment and/or approval within thirty (30) days of referral of a proposed amendment by City Council. The date of referral shall be the date on which Council makes its decision to refer the proposed amendment to the Planning Commission Failure to make any recommendation to City Council within the thirty (30) days time period shall be deemed a recommendation for approval of the proposed regulation without comment and a referral of the proposed amendment back to City Council for necessary action. The City Council may extend the thirty (30) day period based upon a finding that such extension would serve the best interests of the city Section 2. Severability. If any clause, sentence, paragraph, or part oT-Thiis ordinance or the application thereof to any person or circum- stances shall for any reason be adjudged by a court of competent juris- diction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 3. This Ordinance shall take effect 1 day after final publi- cation. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 27th day of August , 1979; 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 September 17th , 1979, at 7:30 o'clock p.m., at Council Chambers, 7500 W. 29th Ave., Wheat Ridge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 , this 17th day of September-, 1979. SIGNED by the Mayor on this 19th day of September 1979. 0 iver_V. Phi ips, May 6r ATTEST aro F. -,'r9ml3f-1 Cit ` erk lst Publication. August 30, 1979 2nd Publication- September 27, 1979 Effective Date: September 28, 1979 Wheat Ridge Sentinel APPROVED BY OFFICE OF CITY ATTORNEY: cu. 0 C-0 cr