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HomeMy WebLinkAboutOrdinance-1994-0978 INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 72 ORDINANCE NO. 978 Series of 1994 TITLE: AN EMERGENCY ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PAWN SHOPS. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOllOWS: WHEREAS, the City of Wheat Ridge had duly adopted zoning regulations governing the use and location of Pawn Shops through Ordinance 945, Series of 1993; and WHEREAS, District Court has found the adoption process or Ordinance 945 may have been flawed; and WHEREAS, the Wheat Ridge City Council desires to insure that sufficient and adequate zoning regulations that govern the use and location of Pawn Shops continue to be in effect whether or not Ordinance 945 is ultimately found to be valid; and WHEREAS, it is in the interest of the public health, safety and welfare that new Pawn Shops continue to be reasonably regulated, as such reasonable regulations had been adopted pursuant to Ordinance 945. NOW, THEREFORE, the City Council, by a majority vote and within the powers granted by Section 5.13 of the City Charter, does hereby temporarily amend the Code of the City of Wheat Ridge in all applicable sections to accomplish the following: Section 1. Wheat Ridge Code of laws, Chapter 26, Article 1. Zoning code, Section 26-6.(B) Special Uses is hereby repealed and reenacted as follows: "(B) Special Uses: Special uses are discretionary uses which are clearly shown to be void or deficient in an area, and which if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 approved for any specific location within a zone district wherein the special use is enumerated. Special Uses are highly dependent upon proper design, management and operational aspects, therefore such uses must be considered as a personal grant of use, granted to the owner of the special use and not as a grant of a vested property right which transfers with the land or lease. The only time a Special Use Ordinance No. 978 Series of 1994 Page 2 Permit may be transferred to a new owner without re-applying for approval is through inheritance by an heir. The primary issues which planning commission and city council shall address are those related to justification of need and those special design and operational considerations which mitigate potential detrimental impacts of a special use conditional use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest achie',e Gompatibility, planning commission and city council shall have the right to approve, approve with modifications or deny a special use request, and to revoke previously approved special use permits pursuant to subsection (6) hereof. (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 subsection (F)(l) for requirements.) (b) Special use applications shall may originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the land owner, or their legal representatives, must be present at all public hearings. 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 survey, and a fee of one hundred dollars ($100.00). (d) All applications shall 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 special use. The site development plan shall meet the requirements of a Type I site plan as set forth in subsection (E)(l) below. (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the following process: Ordinance No. ~ Series of 1994 Page 3 1. Refer the application to affected public agencies for review and comment. 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 (F)(1). 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 subsection (3) below. 2. 3. (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, considering 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 create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. (f) 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. (g) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. Ordinance No. ~ Series of 1994 Page 4 (4) Planning commission review: The 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 recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. 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 stipulations may be recommended in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special conditional use. A recommendation 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 commission. 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 26-6(f)(1). 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 special 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 investigate, and if appropriate, initiate revocation standard enforcement proceedings which shall include the following: (a) Notice of violation following procedures as set forth for Nuisances pursuant to Wheat Ridge Code, Chapter 15. Ordinance No. ~ Series of 1994 (b) '- Page 5 Upon a finding of noncompliance by a Code Enforcement Office after the prescribed correction date, the Zoning Administrator shall schedule a revocation hearing before the City Council. Such revocation hearing shall be set by City Council after 1 st reading of an ordinance therefore. The purpose of the revocation hearing shall be for the City Council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the Special Use Permit. The Council shall have the power, upon good cause being shown, to cancel or revoke the previously issued Special Use Permit, to require certain corrective measures to be taken, and/or to direct the City's agents to enter upon the premises and take corrective measures required by the City Council, and to modify the conditions which apply to the Special Use Permit. Any revocation action shall become effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continuance of the public hearing to a specific future date, and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the City within that time period. Upon the date of the continued hearing, should the Council find that the conditions and stipulations have not been satisfactorily met, Council shall adopt the revocation ordinance." (7) Nonconforming Special Uses: Notwithstanding the provisions of this zoning Code Section 26-7. Nonconforming lots, uses and structures, any special use which is nonconforming to the provisions of this Section 26-6(B) by way of not having received approval of a Special Use Permit under prior rules and procedures shall terminate, or shall otherwise become conforming to these provisions, within five (5) years of the date that such nonconforming status became effective. In addition, within this five (5) year amortization period, no nonconforming special use shall change ownership without coming into conformance with this Section 26-6(B). All other provisions of Section 26-7 shall apply. Section 2. Wheat Ridge Code of Laws, Section 26-23. Commercial-Two District (C-2) subsection (E) Special Uses, is hereby amended by the addition of an additional special use as follows: "(d) Pawn Shops." -- Ordinance No. 978 Series of 1994 Page 6 Section 3. Wheat Ridge Code of Laws, Section 26-5. Definitions subsection (a) is hereby amended by the inclusion of an additional definition, in the appropriate alphabetical order, as follows: "Pawn Shop. A commercial establishment where a pawnbroker, as defined by Colorado Revised Statutes, regularly conducts the business of making contracts for purchase or purchase transactions." Section 4. 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 5. 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 judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as one of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This ordinance shall take effect immediately upon passage. INTRODUCED, READ, AND ADOPTED by a vote of ~ to --1- on this ..J..Q.1b day of October , 1994, ordered published retroactively in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this Jl1hday of October ,1994. ~;;..ecL.J DAN WILDE, MAYOR Ordinance No. ~ Series of 1994 Page 7 APPROVED AS TO FORM BY CITY ATTORNEY ~.' 1-1 ~ Ig' 7 /'![tft~- LU /~, :IA~' KATHRY~SCHROE ER, CITY ATTORNEY 1st Publication: October 18, 1994 Wheat Ridge Sentinel Effective Date: October 10, 1994 c:\wp60\emer.ord