HomeMy WebLinkAboutOrdinance-1994-0985
INTRODUCED BY COUNCil MEMBER BEHM
Council Bill No. 78 ORDINANCE NO. 985
Series of 1994
TITLE:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Wheat Code of Laws, Chapter 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repealed and reenacted as follows: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
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 on surrounding land uses, the street
system, or public services or facilities. In order to protect the public
interest, 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) Applicabilitv. The requirements of this subsection shall apply to all
uses listed as "Special Uses" within the provisions set forth for any
particular zone district.
Ordinance No. ~
Series of 1994
Page 2
(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)(1) for requirements.)
(b) Special use applications shall be 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.
(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 following minimum 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.
Ordinance No. 985
Series of 1994
Page 3
(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.
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 (F)(1).
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 subsection (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, 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) PlanninQ 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 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 off 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.
In the event of a protest against such special use permit, signed by
the owners of twenty (20) percent or more of the area:
(A) Of those immediately adjacent to the rear or any side of the
property, extending one hundred (100) feet from the property;
or
(B) Of those directly opposite across the street from the property,
extending one hundred (100) feet from the street frontage of
such opposite property.
Ordinance No. ~
Series of 1994
Page 5
Such special use permits shall not become effective except by the
favorable vote of three-fourths of the entire city council. Where land
which is adjacent or opposite, as defined above, is owned by the
City of Wheat Ridge, such property shall be excluded in computing
the required twenty (20) percent, and owners of noncity 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 special use shall be submitted to the city council no
later than the hearing on the proposed special use permit.
(6) Enforcement. all conditions and stipulations imposed by city
council shall be maintained in perpetuity with the special 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
proceedings which shall include the following:
(a) Notice of violation following procedures as set forth for
Nuisances pursuant to Wheat Ridge Code, Chapter 15.
(b) 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
Ordinance No. 985
Series of 1994
Page 6
and stipulations have not been satisfactorily met, Council
shall adopt the revocation ordinance."
(1) Nonconforminq 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. 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 3. Severabilitv. 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 4. 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 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 upon passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ...L- to ~
on this ...l4.tb day of Novf'mber , 1994, 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 [)prembpr 1? , 1994, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Ordinance No. ~
Series of 1994
Page 7
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of --L to~, this -1llrday of November , 1994.
SIGNED by the Mayor on this 13th day of December
,1994.
I
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Wanda Sang, City Cler1(~
~~
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
",:' " <(,'\" / rtJ. thJ.{A/
KATHRYN SCHROEDER, CITY ATTORNEY
1st Publication: November 24, 1994
2nd Publication: December 22, 1994
Wheat Ridge Sentinel
Effective Date: December 12, 1994
c:\wp60\ord\specuses.ord
I -
Section 5.20. Str ,t width Designation.
The city council shall have the sole authority and
responsibility to determine the width of all city streets within
the boundaries of the City of Wheat Ridge. Such authority
and responsibility cannot be delegated to any other body or
individual(s), the only exception being the election procedure
specifically set forth in this Charter Dection. Street width
shall be determined by the flowli~e cf the street. Flowline is
defined as the measurement from the inside edge of one curb to
the inside edge of the opposite curb. Where no curb is planned
to be constructed, flowline shall be defined as the measurement
from the outside edge of one side of the driving surtace of the
street, to the outside edge of the opposite side of the driving
surface of the street.
~
Within one (1) year prior to construction or reconstruction
of a streee, the ciey council shall hold a public hearing
to d~termine the f~owline of such street. Following the pUblic
hearlng, the councll shall adopt such flowline as the street's
official Street Width Designation.
In the event of a protest against such proposed Street
Width Designation signed by the owners of:
(1) Twenty (20) percent of the property immediately
adjacent or contiguous to either side of such street; or
(2) Ten (IO) percent of the property lying within three
hundred (300) feet of either side of such street,
such proposed Street Width Designation shall not become
effective except by the favorable vote of three-fourths
(3/4) of the entire city council. Property does not need to
be entirely contained within the three hundred (300) foot
area to be used in the computation of the ten (10) percent
necessary to file a protest. Only the portion of the
property that actually lies within the three hundred (300)
foot area is used to compute the ten (10) percent required
to file a protest. Where the City of Wheat Ridge owns property
or has right-of-way within three hundred (300) feet ot either
side of the street, then such city-owned land or right-ot-way
shall be excluded from the computat:on of the required percentage
of properties needed to file a protest to the proposed Street
Width Designation. Owners of non-c:ty land shall be considered
immediately adjacent or cont:guous ~o the street, or within
three hundred (300) feet of either side of such street, despite
such intervening city-owned land or right-of-way.
The written protest to such proposed Street Width
Designation shall be submitted to the city council no later
than the conclusion of the public hearing on the proposed
Street Width ~signation. At least fif 'en (15) days' notice
of the time ~d place of the hearlng sh~l be published in the
newspaper used by the city to publish legal notices, and notice
of such public hearing shall be mailed by certified letter to
all property owners within three hundred (300) feet of both
sides of such street. .
Said notice shall contain:
(1) A description of the proposed street Width
Designation. and a statement that the specific
plans for the proposed Street Width Designation
are available for inspection at the Wheat Ridge
Municipal Building; and
(2) An explanation of the right of the property owhers
to protest such proposed Street Width Designation.
and how to exercise such right7 and
(3) The full and complete text of this Charter section.
All publication and notification requirements set forth in
this Charter section shall be performed by the city clerK.
4
If at any time within forty five (45) days after a
favorable vote by city council of such proposed Street Width
Designation, a petition signed by at least five (5) percent
of the registered electors of the city council district(s)
immediately adjacent or contiguous to such street be presented
to the council against the going into effect of such proposed
Street Width Designation: the same shall thereupon be
immediately suspended and the council shall publish notice
of and call an election upon the ~roposed Street Width
Designation. Said election shall =e held not less than
thirty (30) days nor more than one hundred eighty (lBO) days
after publication of the notice t~ereof.
1
Only registered electors in the city council district(s)
immediately adjacent or contiguous to such street shall be
eligible to vote on the proposed Street Width Designation.
If a majority of the registered electors in the city council
district(s) immediately adjacent or contiguous to such street
voting thereon vote for such proposed Street Width Designation,
the proposed Street Width Designation shall be deemed
approved. For purposes of ballot ~abulation, the total
votes of all electors who cast ballots from one or more city
council district(s) shall be counted together.
If any provision of this Charter section or the application
in any particular case, is held invalid, the remainder of
this Charter section and its apPlication in all other cases
shall remain unimpaired. Anythin=:n the Charter or
ordinances ot~he City of Wheat Ridge i~conf11ct or
inconsistent with the provisions of this Charter section is
hereby declared to be inapplicable to the matters and things
covered and provided for by this Charter section. This
Charter section shall take effect immediately upon passage.