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Section 26-6.(B) Special Uses is hereby repealed and reenacted as follows: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