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HomeMy WebLinkAboutOrdinance-1989-0791INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 791 Series of 1989 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26 OF APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO THE LEGISLATIVE AND ADMINISTRATIVE PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SECTION 1. Section 26 of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: SECTION 26 LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES PURPOSE: This section sets forth the procedural and substantive requirements which apply to the various administrative and legis- lative processes established by this ordinance, and as may be required by other City ordinances and/or State law, where appli- cable. A. CONDITIONAL USES Conditional uses are permitted uses, which are subject to review to ensure that they are properly designed, developed, operated and maintained, so as to be appropriate for specific locations within a zone district wherein the Conditional Use is specifically enumerated. The primary issues which Planning Commission shall address are those special design considerations which mitigate potential detrimental impacts of a Conditional Use on surrounding land uses, the street systems, or public services or facilities. In order to achieve compatibility, Planning Commission, and City Council upon appeal, shall have the right to approve, approve with modifications or deny a Conditional Use re- quest. 1. APPLICABILITY: The requirements of this subsection shall apply to all uses listed as "Conditional Uses" within any particular zone district. 2. APPLICATION FORM AND REVIEW PROCEDURES: a. Prior to submitting any application for a Conditional Use Permit, the applicant shall be required to hold a Neighborhood Input meeting. (See Section 26.F.1. for requirements. b. Conditional Use applications may be originated only by the Sec. 26 Page 1 fee owners of the property, or by his attorney or legally designated agent by power-of-attorney. c. Application shall be submitted on forms provided by the Department of Planning and Development, and shall be accompanied by a copy of the property deed, a certified boundary or improvement survey, and a fee of $100.00. d. All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing,operating and maintaining the Conditional Use. The site plan shall meet the requirements of a TYPE I SITE PLAN as set forth in subsection 26.E.1., of this Appendix A. Zoning Ordinance. e. Upon receipt of a complete application packet as described above, the Planning and Development department shall proceed as follows: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection 26.1.F., of this Appendix A., Zoning Ordinance. 3. Prepare a written report and recommendations to the Planning Commission which evaluates the proposal and makes findings using the review criteria established in the following Section 3. 3. CRITERIA FOR REVIEW: Before a Conditional Use is approved, the applicant shall show, and the Planning Commission shall find that the pro- posed Conditional Use: a. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution; c. Is consistent with the Comprehensive Plan; d. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or inter- Sec. 26 Page 2 nal traffic conflicts to the detriment of persons whether on or off the site. e. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and land- scaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. f. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 4. PLANNING COMMISSION REVIEW: Planning Commission shall hear and consider any evidence or statement presented by the applicant, City Staff, or by any person in attendance at the hearing. The Planning Commission shall then decide to approve, approve with conditions or deny the application, basing its decision upon the facts presented in the public hearing in consideration of the Criteria for Review as specified in subsection 3. hereof. Planning Commission may impose conditions or stipulations, which may include physi- cal design as well as operational and maintenance considera- tions, upon the Conditional use, in addition to standard development and use regulations which apply within a partic- ular zone district or for a similar "Permitted use". Such conditions or stipulations may be imposed in order to insure compliance with the Criteria for Review, which, if not complied with, shall be grounds for revocation of the condi- tional use. 5. APPEAL: An applicant, or any aggrieved property owner within 600 feet of the subject property, may appeal the decision of the Planning Commission to City Council, by filing such appeal, along with an explanation for the appeal, with the Wheat Ridge City Clerk, with ten (10) working days after the date of the Planning Commission hearing. Upon such appeal, a public hearing shall be scheduled before the City Council, following the same public notice requirements and procedures set forth for the Planning Commission hearing. City Council, in addition to consideration of the Planning Commission record, shall hear additional evidence and testimony presented, and shall decide to sustain, amend, or reject Planning Commission decision,with its decision being based upon all evidence presented and the Planning Commission record, with due consideration of the Criteria for Review. 6. ENFORCEMENT: All conditions and stipulations imposed by Planning Commission or City Council shall be maintained in perpetuity with the Conditional Use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the Zoning Administrator shall notify a Code Sec. 26 Page 3 Enforcement Officer of the nature of the violation(s) and the Code Enforcement Officer shall initiate standard enforcement proceedings. B. SPECIAL USES Special Uses are discretionary uses which are clearly shown to be void or deficient in an area, and which if properly designed, developed, operated and maintained, may be ap- proved for any specific location with a zone district where- in the Special Use is enumerated. The primary issues which Planning Commission and City Council shall address are those related to justification of need, and those special design considerations which mitigate potential detrimental impacts of a conditional use on surrounding land uses, the street system, or public services or facilities. In order to achieve compatibility, Planning Commission, and City Council, shall have the right to approve, approve with modifications or deny a special Use request. 1. APPLICABILITY: The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. 2. APPLICATION FORM AND REVIEW PROCEDURES: a. Prior to submitting any application for a Special Use Permit, the applicant shall be required to hold a Neighborhood Input Meeting. (See Section 26.F.1. for requirements) b. Special Use applications may be originated only by the fee owners of the property, or by his attorney or legally desig- nated agent by power-of-attorney. c. Application shall be submitted on forms provided by the Department of Planning and Development, and shall be accompanied by a copy of the property deed, a certified survey, and a fee of $100.00. d. All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the Conditional Use. The site development plan shall meet the requirements of a TYPE I SITE PLAN as set forth in subsection 26.E.1. of this Appendix A. Zoning Ordinance. e. Upon receipt of a complete application packet as described above, the Planning and Development department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. Sec. 26 Page 4 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection 26.F., of this Appendix A., Zoning Ordinance. 3. Prepare a written report and recommendations to the Planning Commission which evaluates the proposal and makes findings using the following review criteria set forth in Section 3 below. 3. CRITERIA FOR REVIEW: Before a Special Use is approved, the applicant shall show, and the Planning Commission and City Council shall find the proposed Special Uses: a. Will meet a proven public need in that it will fill a void in necessary services, products, or facilities especially appropriate at the location proposed, con- sidering available alternatives. b. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; c. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution; d. Is consistent with the Comprehensive Plan; e. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or inter- nal traffic conflicts to the detriment of persons wither on or off the site. f. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and land- scaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. g. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 4. PLANNING COMMISSION REVIEW: Planning Commission shall hear and consider any evidence or statement presented by the applicant, City Staff, or by any person in attendance at the hearing. The Planning Commission shall then make a recom- mendation to City Council to approve, approve with condi- tions or deny the application, basing its recommendation upon the facts presented in the public hearing in considera- Sec. 26 Page 5 tion of the Criteria for Review as specified in subsection 3., hereof. Planning Commission may recommend conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the Special use, in addition to standard development and use regulations which apply within a particular zone district or for a similar "Permitted use". Such conditions or stipula- tions may be recommended in order to insure compliance with the Criteria for Review, which, if not complied with, shall be grounds for revocation of the conditional use. A recom- mendation for denial shall be considered final, unless the applicant files an appeal to City Council. 5. CITY COUNCIL REVIEW: City Council shall review and decide upon all requests for Special Uses, upon recommendation of Planning Commission for approval, or upon appeal by an applicant of a recommendation for denial by Planning Commis- sion. Special Uses may only be approved by passage of an ordinance, following the City's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26.F. City Council, in addition to consideration of the Planning Commission record, shall hear additional evidence and testimony presented and either pass, pass with modifications, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for Review. 6. ENFORCEMENT: All conditions and stipulations imposed by City Council shall be maintained in perpetuity with the Conditional Use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, The Zoning Administrator shall notify a Code Enforcement Officer of the nature of the violation(s) and the Code Enforcement Officer shall initiate standard enforcement proceedings. C. CHANGE OF ZONE (REZONING) A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehensive Plan, and promotes the general welfare of the community. If a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area, or in the City in general; or the rezone is necessary to correct a manifest error in the existing zone classification. A manifest error may include include, but may not be limited to, one or more of the following: 1) Mapping errors, including incorrect boundary location or incorrect zone designation; or 2) Ordinance errors, including incorrect zone designation, legal description error, or typographical errors. Sec. 26 Page 6 The final determination as to a change of zone expressly rests in the exercise of the discretion of the City Council, and all applicants are hereby advised and informed that there is no right to a change of zone of property. 1. APPLICABILITY: The requirements of this subsection shall be applicable throughout the boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the City where one of the following is proposed: a. Change of Zone of a parcel of land from one zone district classification to another zone district. b. Changing of the conditions of an existing zone district where those conditions were specifically established by a previous rezoning ordinance. C. Changes to a Planned Development Outline Plan, including density (units per acre), intensity (floor area ratio), an increase or change of uses, or other changes which constitute a substantial change in character of development as determined by the Director of Planning and Development. 2. APPLICATION FORM AND REVIEW PROCEDURES: a. Prior to submitting any application for a change of zone of property to a higher use than is currently permitted, that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a Neighborhood Input meeting. (See Section 26.F.1 for requirements) b. Rezoning applications may be originated only by the fee owners of the property, or by his attorney or legally desig- nated agent by power-of-attorney. C. Application for Change of Zone shall be submitted on notarized forms provided by Department of Planning and Development, and shall be accompanied by: (1) Proof of ownership of land (copy of the property deed) (2) A certified boundary and improvement survey, at a scale of no less than 1"=100' (3) A legal description of property under considera- tion (exact description of area to be rezoned, described in bearings and distances, tied to a Section corner) (4) Fee. $200 for rezoning to districts other than Planned Development Districts. $300 for rezoning to a Planned Development District. Sec. 26 Page 7 d. All applications shall also be accompanied by written infor- mation in sufficient detail to convey the full intent of the applicant and justifications of why a change of zone is appropriate in the area and shall include: 1. Need for the change of zone. 2. Present and future effect on the existing zone dis- tricts, development, and physical character of the surrounding area. 3. Access to the area, traffic patterns and impact of the requested zone on these factors. 4. Availability of utilities. 5. Present and future effect on public facilities and services such as fire, police, water, sanitation, roadways, parks, schools, etc. 6. A discussion of the relationship between the proposal and adopted plans and/or policies of the City. 7. Any additional materials necessary to adequately review the proposal. e. A TYPE I site plan shall be required if the proposed change of zone is located in an area designated as a "Multiple Use" or "Activity Center" within or upon the City of the Wheat Ridge Comprehensive Plan. See section 26.E.1. for site plan requirements. f. Upon receipt of a complete application packet as described above, the Planning and Development Department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application with notice by publication, letter and site posting in the manner as provided in subsection 26.F. of this Appendix A. Zoning Ordinance. 3. Prepare a written report and recommendations to the Planning Commission which evaluates the proposal, makes findings, and makes recommendations using the following review criteria set forth in Section 4. below. 4. CRITERIA FOR REVIEW: Before a change of zone is approved, the applicant shall show, and the Planning Commission and City Council shall find: a. That the existing zone classification currently re- corded on the Official Zoning Maps of the City of Wheat Ridge is an error, or b. That a change in character in the area has occurred due to installation of public facilities, other zone chang- es, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following: Sec. 26 Page 8 (1) That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives, and policies, Comprehensive Land Use Plan and other related policies or plans for the area; and (2) That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and (3) That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; and (4) That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and (5) That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties; and (6) That the property cannot reasonably be developed under the existing zoning conditions; and (7) That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas; and (8) That there is a void in an area or community need that the change of zone will fill by providing for neces- sary services, products, or facilities especially appropriate at the location, considering available alternatives. 5. PLANNING COMMISSION REVIEW: Planning Commission shall hear and consider any evidence or statement presented by the applicant, City Staff, or by any person in attendance at the hearing. The Planning Commission shall then make a recom- mendation to City Council to approve, approve with condi- tions or deny the application, basing its recommendation upon the facts presented in the public hearing in considera- tion of the Criteria for Review as specified in subsection C.3., hereof. Planning Commission may recommend conditions or stipulations, which may include site plan review, use limitations, or specific design or operational stipula- tions, in addition to standard development and use regula- tions which apply. A recommendation for denial shall be considered final, unless the applicant files an appeal to Sec. 26 Page 9 City Council, with the City Clerk within ten (10) working days of the Planning Commission decision. 6. CITY COUNCIL REVIEW: City Council shall review and decide upon all requests for Change of Zone, upon recommendation of Planning Commission for approval, or upon appeal by an applicant of a recommendation for denial by Planning Commis- sion. Change of Zone may only be approved by passage of an ordinance, following the City's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection 26.F., hereof. 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 deny the ordinance. City Council shall base its decision upon all evidence presented, with due consideration of the Criteria for Review as set forth under subsection 3, hereof. In the event of a protest against such changes signed by the owners of twenty percent (20%) or more of the area: a. of the property included within the proposed change; or b. of those immediately adjacent to the rear or any side of the property, extending one hundred feet (100') from the property; or, c. of those directly opposite across the street from the property, extending one hundred feet (100') from the street frontage of such opposite property, such changes shall not become effective except by the favorable vote of three-fourths 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 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 changes shall be submitted to the City Council no later than the hearing on the proposed rezoning. 7. RECORDATION: All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the City Clerk within 30 days of the effective date of such ordinance. D. VARIANCE/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS Where it is desired to gain relief from the strict application of any provision of this ordinance,or to seek an interpretation of the provisions or associated Official Maps, appeal to the appropriate authority as described below Sec. 26 Page 10 shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification of such hearing shall occur by newspaper publication, posting, and certified letter as prescribed in Section 26.F. hereof. 1. APPLICATION REQUIREMENTS All requests for a variance, waiver, Temporary Permit, or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. a. Fee Requirement: $50, except where a request covered within this subsection D. is made a part of another administrative process, then the higher fee shall be imposed. b. Documentation Required: 1) Copy of the deed for the property; 2) Power of Attorney if the applicant is not the owner of the property. 3) Property survey will be required if the request involves relationship of structure(s) to lot lines or lot area. 4) Posting Certification (to be submitted at the hearing to the clerk). 5) Other information which the applicant, the Zoning Administrator, or the hearing Authority determines is necessary in order to adequately evaluate the application. 2. VARIANCES AND WAIVERS: a. Minor Variance or waivers (10$ or less) The Zoning Administrator is empowered to decide upon applications for minor variances or waivers from the strict application of any of the "Development and Use Regulations" of this Appendix A., Zoning Ordinance, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: (1) The variance or waiver does not exceed ten (10) percent of the minimum or maximum standard; and (2) That the Zoning Administrator finds that the "Findings of Fact" as set forth in subsection c. hereof, are substantially complied with and support the request; and (3) The Zoning Administrator has notified adjacent property owners by letter notice and posting of Sec. 26 Page 11 the site at least ten (10) days prior to rendering his decision, and that no protests have been received during such ten (10) day period. (4) That no additional dwelling units would result from approval of such variance or waiver. b. Variances and Waivers of more than 10%. The Board of Adjustment is empowered to hold public hearings to hear and decide upon appeals for variances and waivers from the strict application of any of the "Development and Use Regulations" which apply throughout the various zone district regulations of this Appendix A. Zoning Ordinance, unless otherwise specifically provided. Where a variance or waiver is made a part of another administrative process, such as a change of zone, subdivision, or a formal site plan or development plan review which requires a public hearing before Planning Commission and/or City Council, then Planning Commission and/or City Council shall be empowered to decide upon such variance or waiver request concurrent with such other process, however in deciding such variance or waiver, shall be subject to the voting ratio as applies to the Board of Adjustment, set forth in Wheat Ridge Code of Laws Section 2-25. C. Review Criteria and Findings of Fact. Where the Board of Adjustment, Planning Commission or City Council shall hear and decide upon a request for a variance or waiver, that authority shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: (1) Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? (2) is the plight of the owner due to unique circumstances? (3) If the variation were granted, would it alter the essential character of the locality? (4) Would the particular physical surrounding, shape or typographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? Sec. 26 Page 12 (5) Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? (6) Is the purpose of the variation based exclusively upon a desire to make money out of the property? (7) Has the alleged difficulty or hardship been created by any person presently having an interest in the property? (8) Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? (9) Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? 3. TEMPORARY PERMIT FOR USES. BUILDINGS AND SIGNS. a. One (1) Month Temporary Permit The Zoning Administrator is empowered to decide upon applications for temporary buildings, uses, or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: (1) The duration of the building, use or sign shall not exceed one (1) month; (2) No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises; (3) The Zoning Administrator shall determine that the "Findings of Fact" as set forth in Subsection b. below are substantially complied with. (4) The Zoning Administrator has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in subsection D.2.a. of this Section 26., and has received no objections. (5) The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions stated above are met, the zoning administrator may issue a one (1) month temporary permit, Sec. 26 Page 13 however if they are not met, he must deny the permit. The applicant may appeal denial to the Board of Adjustment. b. One (1) Year Temporary Permit The Board of Adjustment is empowered to hold a public hearing to decide upon requests for temporary uses, buildings or signs which would not otherwise be permitted in a particular zone district. The Board may approve a Temporary Permit for no longer than one year per application. When hearing and deciding requests for Temporary Permits, The Board shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary Use, Building or Sign: a. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution or cause drainage problems for the general area; and c. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and d. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and e. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. 4. INTERPRETATIONS The Board of Adjustment is empowered to hold public hearings to decide upon requests for interpretation of the provisions of the Zoning Ordinance (Appendix A), Flood Plain Regulations (Appendix B), Subdivision Regulations (Appendix C), and/or the Sign Regulations (Appendix D), of the Code of Laws of the City of Wheat Ridge, in such a way as to carry Sec. 26 Page 14 out the intent and purpose of such laws. Such authority to interpret shall extend to include the following: a. The basic intent and purpose of Words, phrases or paragraphs as applied to a specific proposal or instance. b. Use of property as an "Other Similar Use", however in no instance shall the Board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher, that is more intensive, zone district. C. Relationship of physical improvements, streets, right- of-way, streams, property boundaries, etc., where such varies or are inconsistent with the Official Zoning Maps of the City of Wheat Ridge. 5. APPEALS Appeal of any decision of the Board of Adjustment or City Council which either grants or denies applications for variances, waivers, temporary permits, or interpretations, may be made by the applicant, the City Council, or any aggrieved party to District Court, within thirty (30) days of the decision. Appeal of any such decision of the Planning Commission may be made by the applicant, the Mayor, or any aggrieved party to the City Council within ten (10) working days of the decision. E. SITE DEVELOPMENT PLANS There are a variety of land use review processes which require submittal of a SITE PLAN as part of the documentation to be considered when deciding a particular request. Based upon the specific type of request, the detail and reliability of a SITE PLAN will vary. The requirements for Outline, Preliminary and Final Development Plans required in Planned Development Zone District (PRD, PCD, PID, PMHP, PRVP, and PHD) are found in those district regulations. (See Section 20). This section establishes the purpose, graphic and informational requirements for two types of SITE DEVELOPMENT PLANS required in instances other than Planned Development Districts. 1. TYPE I SITE PLAN a. Purpose: This is a sketch plan which indicates general development intent, building envelopes, parking areas, landscape/open space areas, storage or outside work areas, and approximate location of street access. It is not intended to provide detailed design elements or engineering or architectural details. It does, Sec. 26 Page 15 however, provide a general indication of the potential character and possible impacts of a proposed development and may be used as a basis for future zoning review and zoning enforcement. As such, it becomes a part of the case file and record, and if the request involves adoption of an ordinance to approve, the site plan will be attached to the ordinance as an exhibit, and shall be filed with the Jefferson County Clerk and Recorder. b. Plan Requirements: 1) Sheet Size: 8.5 X 11 inches minimum 2) Scale and north arrow 3) Property boundaries and lot lines with dimensions 4) Existing and proposed public streets rights-of- way, public easements, irrigation ditches, drainage ways and other easements affecting the site 5) Existing and proposed public improvements within and adjacent to the site including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. 6) Existing and proposed street access points or curb cuts and dimensions thereof 7) Proposed site development elements including general building envelopes, landscape/open space buffers, parking and loading areas, and outside work, storage or display areas 8) Site data table including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc. 2. TYPE II SITE PLAN a. Purpose: This is a moderately detailed plan, which provides a greater amount of site relationship and architectural information for decision makes to consider in deciding upon applications for use and development. It is intended to illustrate preliminary site design elements, preliminary architectural character and consideration of engineering issues to the extent that the potential character and possible impacts are more clearly definable. It can provide the basis for building permit review, certificate of occupancy review, and future zoning enforcement. The plan will be part of the case file and record, and will be recorded with Sec. 26 Page 16 the Jefferson County Clerk and Recorder. b. Plan Requirements: 1) Sheet Size: a) Small Format In cases where the required information can be displayed in an easily read, simple and uncomplicated manner at a small scale, the site plan may be submitted in the form of an 11X17 inch or 8.5 X 11 inch format. Multiple sheets will be permitted for written and tabular information if necessary. b) Large Format In cases where, because of the complexity of information or the size of the site, the required information cannot be displayed in an easily read, small format site plan, the applicant may, or the Director of Planning and Development may require that the site plan be prepared at a 24" X 36" format. (This large format site plan must meet the Jefferson County Recorder's minimum requirements for recordation, as upon final approval, a reproducible mylar will be recorded). 2) Vicinity Map 3) the boundary of the site described in bearings and distances and existing and proposed lot lines; 4) legal description of the site matching the certified survey; 5) signed Surveyor's Certification, (applies only to Large Format Site Plans); 6) scale and north arrow; 7) date of map preparation and name and address of person who prepared map; 8) location of 100 year flood plain, if applicable; 9) existing and proposed contours at 2 ft. intervals; 10) location of all existing and proposed: (a) fences, walls, or screen plantings and their type and height; (b) exterior lighting, location, height and type; (c) signs, including type, height and size; (d) landscaping and special buffers including type and coverage (e) parking and loading areas, handicap parking areas; Sec. 26 Page 17 (f) easements and rights-of-way; (g) drainage ways, pond areas, ditches, irrigation canals, lakes, and streams if applicable; (h) buildings to be developed or retained on the site including possible use, height, size, floor area, setback dimensions, and type of construction; (i) existing and proposed streets, both adjacent and within the site, including names, widths, location of center lines, accel/decel lanes; (j) curbs, gutters, sidewalks, bike paths; (k) location of trash containers and method of screening, if any; (1) areas to be used for outside work areas, storage or display and method of screening, if any; (m) name of the Site Plan with the words "Official Development Plan of the City of Wheat Ridge" thereunder;(please note, since the plan will be recorded, the name cannot duplicate an existing recorded Official Development Plan.) 11) Adjoining property lot lines, buildings, access, parking, so as development compatibility can be determined. 12) other information which shall be in written or tabular form including: (a) statement of proposed zoning and any conditions; (b) statement of proposed uses; (c) state data (numeric and percentage) in tabular form including: i) total area of property, gross and net; ii) building coverage; iii) landscape coverage; iv) total lot coverage by all structures and paving; v) number of parking spaces; vi) gross floor area; and vii) number of residential units and density (if applicable). 13) signature blocks for: (large format plans only) i) Planning Commission Certificate ii) Mayor's Certificate iii) Clerk & Recorder's Certificate iv) Director of Planning and Development 14) In addition to the information included on the site plan document, the following supportive information may be required: i) Drainage Plan Sec. 26 Page 18 ii) Elevations and perspective drawings iii) Traffic impact report F. PUBLIC HEARING NOTICE AND PROCEDURE 1. PRE-APPLICATION NEIGHBORHOOD INPUT MEETING: Prior to submitting any application for a rezoning of property to a higher use than is currently permitted, or for a special use permit, conditional use permit or mineral extraction or solid waste disposal permit, an applicant shall be required to do the following: a. Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within 600 feet of the area proposed to be rezoned or for which a use permit as specified above is sought, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. b. The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that (the projects) are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the City Council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied a right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the City Council by this action is encouraging reasonable, honest, good faith communication between residents and applicants, and visa versa. C. No rezoning application or use permit as defined above shall be accepted by the City's staff until applicant has certified by affidavit, that he has complied with the provisions of this Section 26.F.1. 2. NEWSPAPER PUBLICATION: At least fifteen (15) days prior to any public hearing for a specific land use or development approval process which requires approval by Planning Commission, Board of Adjustment or City Council, the Zoning Administrator shall cause to be published, in the legal section of a Sec. 26 Page 19 newspaper of general circulation within the City, a NOTICE OF PUBLIC HEARING. Said notice shall specify the kind of action requested, the hearing authority, the time, date, and location of hearing and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by City Council, shall be subject to regular ordinance approval process, which includes a 1st reading of the ordinance by City Council at a regular meeting, where no testimony is allowed. Then, if passed upon 1st Reading, Council establishes the time and date of the public hearing and the City Clerk shall cause the proposed ordinance to be published in a form and manner as described above. 3. POSTING NOTICE: At least fifteen (15) days prior to any public hearing for a specific land use or development approval process which requires approval by Planning Commission, Board of Adjustment or City Council, the Zoning Administrator shall cause to be prepared, and the applicant shall post, a sign (one per street frontage) upon the parcel under consideration for approval, which provides notice of the kind of action requested, the hearing authority, the time, date and location of hearing, and the location of the parcel under consideration by both address and legal description. Such sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall be elevated a minimum of thirty inches from the ground, however not more than six feet above ground, shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The fact that a parcel was not continuously posted the full 15 days may not, at the full discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. 4. LETTER NOTICE: At least fifteen (15) days prior to any public hearing which requires notification by letter, the Zoning Administrator shall cause to be sent, by certified mail, a letter to adjacent property owners, and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested, the hearing authority, the time, date and location of hearing, and the location of the parcel under consideration by address or approximate address. Sec. 26 Page 20 5. PUBLIC HEARING RULES: a. Postponements: After a public hearing has been legally noticed, only one postponement by the applicant may be allowed by Planning Commission, Board of Adjustment or City Council. Upon the second request for postponement, the Planning Commission, Board of Adjustment, or City Council shall have the authority, which they may exercise at their discretion, to dismiss the application. b. Rehearing Requests: No application shall be submitted to or accepted by the Planning Commission Board of Adjustment, or City Council (the final hearing authority) if any previous application for the same, or substantially similar request, for the same property or portion of property has been denied during the preceding 12 months. The 12-month time limitation contained herein shall commence on the date of any final determination of denial by the Planning Commission, Board of Adjustment, City Council or a court of record, whichever is later. The 12-month time limitation specified in this section shall be strictly adhered to except upon a finding by the final hearing authority after evidence presented by the applicant, that a major change in physical conditions and circumstances warrants an earlier hearing. "Major change in physical conditions and circumstances" shall, for the purposes of this section, mean a significant modification in the character and nature of the proposed development or use, and shall be reflected in the intensity of the use, the density of the use, the external effects on adjacent properties,or such other factors as may be determined by the Planning Commission, Board of Adjustment and/or the City Council. An exception to the above stated 12-month rehearing period may be allowed where the applicant, or a member of the final hearing authority who voted with the prevailing side, requests a rehearing on the same application no later than at the next regular or special meeting. The granting of a rehearing shall be by majority vote,if requested by the applicant and shall be based upon the submittal of new evidence which could not have been, with due diligence, presented at the previous hearing on the application. C. Quasi-Judicial Matters: Any application which involves the use and/or development of a specific parcel of land, as opposed to a City-initiated large area or City-wide proposal, is considered a Quasi-Judicial Matter. Therefore, applicants, opponents and Sec. 26 Page 21 proponents are prohibited from making ex parte contact (that is contact outside of the public hearing forum) with any member of the decision making authority. 6. Unless otherwise specifically stated to the contrary in the Wheat Ridge Code of Laws, public notice time requirements include the day the notice is posted, appears in the newspaper, or is received by a recipient, and shall also include the day of the public hearing. By way of example, a public hearing advertised in a Thursday newspaper, which requires a 15-day notice, is eligible for hearing no sooner than the second subsequent Thursday. G. VESTED PROPERTY RIGHTS 1. PURPOSE. Pursuant to the provisions of Article XX, Section 6, of the Constitution of the State of Colorado, the electors of the City of Wheat Ridge, Colorado, have adopted a Home Rule Charter. The law is, and has for many years been, clear and certain that adoption of a Home Rule Charter vests the citizens of a home rule city, and the legislative body thereof, with the power and authority to enact legislation on matters of purely local concern which legislation preempts and supersedes state legislation as to those matters of purely local concern. Zoning is, and has on numerous occasions been declared and confirmed by the Colorado Supreme Court as being, a matter of purely local concern. The purpose of this Section 26 is to state the intent of the City of Wheat Ridge to guard jealously its rights and powers as a home rule city to enact local zoning regulations which supersede and preempt state legislation in the area of zoning. 2. VESTED RIGHTS. The City of Wheat Ridge is aware of passage of Senate Bill 219, codified in C.R.S. 24-68- 101. The City of Wheat Ridge rejects the assertion that the subject matter of said Senate Bill 219 is "a matter of statewide concern", and therefore determines that the provisions of Senate Bill 219 are expressly superseded and preempted within the City of Wheat Ridge by the provisions of this Section 26.G. of Appendix A of the Code of Laws of the City of Wheat Ridge. 3. CREATION OF VESTED RIGHTS. No vested right is created within the City of Wheat Ridge by the approval of any application for zoning or rezoning, site plan, consolidation plan, subdivision plan or plat, planned building group, or an outline, preliminary or final development plan. Rather, a vested property right shall be created if after a building, grading or fill permit has been lawfully issued, the successful applicant, owner, or permit holder (expressly provided Sec. 26 Page 22 that approval has been granted and/or a permit has been issued in compliance with all applicable laws, rules and regulations, and not based upon a "misrepresentation of fact or a mutual mistake of fact) has taken lawful, reasonable, and substantial steps, and has incurred lawful, reasonable, and substantial expenses, in justifiable reliance upon the approval or permit. The intent of this provision is to adopt the common law of estoppel in Pais as that doctrine existed on June 30, 1987, as the law of vested property rights within the City of Wheat Ridge. 4. NOTICE RE VESTED RIGHTS. Ordinances approving requests for zoning/rezoning of property, and ordinances, resolutions or motions approving plans, plats, site plans or any other required submission, shall contain the following statement: "Approval of this (ordinance, plan, plat, etc.,) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26.G. of Appendix A of the Code of Laws of the City of Wheat Ridge." H. ZONING ORDINANCE AMENDMENTS 1. Requests or proposals to amend this Appendix A. Zoning Ordinance, may be initiated by City Council, the Mayor, Planning Commission, Board of Adjustment, the City Attorney, the City Administrator, or the Director of Planning and Development. Any proposal to amend the Zoning Ordinance referred to the Planning Commission shall be scheduled for hearing within thirty (30) days of such referral and a recommendation to approve, to modify, or to deny the proposal shall be rendered by the Planning Commission within sixty (60) days of such referral. Failure to make a recommendation to City Council within sixty (60) days shall be deemed a recommendation for approval without comments. Any other party requesting or suggesting amendments shall make application to the Planning Commission for consideration on a future agenda as a study matter. 2. PROCESS a. Planning Commission Hearing A public hearing shall be scheduled before the Plann- ing Commission and the Planning Commission shall hear and make recommendation to City Council upon all proposals to amend the Zoning Ordinance. Notice of said public hearing shall be by a notice published in Sec. 26 Page 23 a newspaper of general circulation at least seven (7) days prior to said hearing. b. City Council Hearing All amendments to this Appendix A. Zoning Ordinance shall be approved only by the passage of an ordinance. Said ordinance shall specify those provisions which are being enacted, repealed, modified otherwise changed. After passage upon first reading, a notice of Public Hearing, together with the Council Bill shall be published in a newspaper of general circulation, no less than seven (7) days prior to a Public Hearing before City Council. Council shall hold a public hearing on all requests and proposals recommended to it by Planning Commission, and shall approve, approve with modifications, or deny the Council Bill. Ordinances approved on second reading which amend this Appendix A. Zoning Ordinance, shall take affect fifteen (15) days after final publication, unless otherwise specifically modified by a motion of City Council. SECTION 2. Safety Clause. The City Council hereby finds, deter- mines, 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. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. SECTION 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. SECTION 5. This ordinance shall take effect June 1, 1989. Sec. 26 Page 24 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of April , 1989, 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 may 8 , 1989, at 7:30 o'clock p.m., 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 7 to 1 this Sth day of May 1989. SIGNED by the Mayor on this 9th day of May 1989. ATTEST: tj Wanda Sang, City 1st Publication: 2nd Publication: Wheat Ridge Sent Effective Date: pc/ordsec26 C1 rk i April 13, 1989 May 11, 1989 inel: June 1, 1989 DAN WILDE, MAYOR APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: C / John E. Hayes f Sec. 26 Page 25