HomeMy WebLinkAboutOrdinance-1996-1025
--
-
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
Council Bill No. 16
Ordinance No. 1025
Series of 1996
TITLE:
AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY
INITIATED REZONING
WHEREAS, the Wheat Ridge Code of Laws does not expressly
provide for City-initiated rezoning of real property; and
WHEREAS, in
and the desires
adopted and made
order to further implement the Comprehensive Plan
of the residents, such a procedure should be
available to the Council
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT KIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 26-3 of the Wheat Ridge Code of Laws lS
amended by the addition of a new subsection G, to read:
(G) Procedure for City-Initiated Rezoning:
The City shall have authority to initiate rezoning
of the entire City or portions of the City, in accordance
with this subsection G.
(1) Applicability.
This rezoning procedure applies to city-wide
and large area, multiple-property rezoning initi-
ated by the Wheat Ridge City Council, To be
eligible for this procedure, large-area, multiple
property rezoning must include at least ten (10)
separate Ownership parcels, and at least ten (10)
acres in total combined area. Large-area, multiple
property rezoning is permitted under this
subsection G only in order to rezone property to a
less intensive (lower) zone category; for example,
from Commercial-One (C-1) to Restricted-Commercial
(R-C), or from Residential-Three (R 3) to
Residential-One (R-1) . Rezoning to any
Agricultural zone district from any other zone
district shall not be considered a rezoning to a
less intensive zone category,
(2) Procedure and Notice,
(a) General:
or special meeting,
The Council may, at a regular
initiate this rezoning proce-
GED\530:;:7' H_8)1'': 4
dure by adoption of a resolution setting forth the
general area of the proposed rezoning, stating the
intended purpose and objectives to be achieved by
the rezoning, and referring the matter to the Wheat
Ridge Planning Commission for a public hearing and
recommendation.
(b) Planninq Commission Action:
1, Notice Requirements
a City-Wide Rezoning: Where a
city-wide or comprehensive rezoning has
been initiated by the Council, notice
shall include publication of a public
hearing notice in a newspaper of general
circulation at least fifteen (15) days
prior to the date of the public hearing,
which notice shall include a description
of the proposed rezoning and a map which
illustrates the geographic extent of the
proposed rezoning,
b. Large-Area, Multiple Property
Rezoning: A large-area, multiple prop-
erty rezoning shall, in addition to the
newspaper notice required by subsection
(a) of this paragraph, be noticed by
certified mail notice sent to all owners
of record of real property included
within the area to be rezoned at least
fifteen (15) days prior to the date of
public hearing.
2 Planning Commission Review. The
Planning Commission shall hear and consider
any evidence or statement presented by city
staff or by any person in attendance at the
hearing. The Planning Commission shall make a
recommendation to City Council to approve,
approve with modifications or deny the rezon-
ing proposal, The Commission's recommendation
shall be based upon the facts presented in the
public hearing in consideration of the
criteria for review specified in Section 26-
6 (C) (3) (b) .
(c) Citv Council Action. Upon receipt of the
Planning Commission's recommendation, the City
Council shall hold a public hearing on the
proposal. The hearing conducted on second reading
of the proposed rezonlng ordinance shall s3Lisfj
this requirement Notice of the hearlng shall be
GED'S3U27"1"..80024
-2-
the same as for the Planning Commission hearing,
however publication of the ordinance on first
reading, together with the required map, shall meet
the newspaper publication requirement.
The 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
reject the ordinance, The City Council shall base
its decision upon all evidence presented, with due
consideration of the criteria for review as set
forth under section 26-6 (C) (3) (b)
Section 2. Safe tv 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 Application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4, Effective Date. This Ordinance shall take effect
on June 11, 1996.
Ridge and
May 13
7500 West
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 22nd day of April, 1996, ordered published in
full in a newspaper of general circulation in the City of Wheat
Public Hearing and consideration on final passage set for
, 1996, at 7 00 o'clock pm., in the Council Chambers,
29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED
reading by a vote of
AND
8
ORDERED PUBLISHED on second
to 0 , this 13th day of May
and
final
1996
GED'53027\14R"iU24
-3-
SIGNED by the Mayor on this
ATTEST:
I
j) ,
..' ' I
"_~-7 '" \.... L.:"
WANDA SANG,
\
,
,
.1.~, " .,~, !.- ~<- C
CITY CLERK
1st Publication April 26, 1996
2nd Publication: May 24, 1996
Wheat Ridge Transcript
Effective Date' June 11, 1996
GEO\5311271148'}02 4
20th day of
May
, 1996
~~
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY
A~~$~d&J
GERALD E, DAHL, CITY ATTORNEY
-4-