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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 Wheat Code of Laws, Chapter 26-6.(B) Special Uses is hereby repealed and reenacted as follows: "(B) Special Uses: Special uses are discretionary uses which are clearly shown to be void or deficient in an area, and which if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 I '-, 'I ,\11 ._/ ";-./} {(, ,-,cd.<"", '...../ .;, t L.-;V\r., 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.