HomeMy WebLinkAboutOrdinance-2000-1185
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Rn""mis
Council Bill No. 0';-2000
Ordinance No. 1185
Series of 2000
TITLE:
AN ORDINANCE
AMENDMENTS
REGULA TIONS
CONCERNING THE RIGHT TO PROTEST
TO CHANGES IN ZONE DISTRICT
WHEREAS, Wheat Ridge Home Rule Charter Section 5.10 authorizes the City
Council to amend, supplement, change or repeal the regulation, restrictions and
boundaries of zoning districts within the City; and
WHEREAS, said Charter Section requires such changes to be adopted by
ordinance after a public hearing at which parties in interest and citizens shall have
an opportunity to be heard; and
WHEREAS, said Charter Section provides that in the event of a protest
against such changes signed by the owners of twenty (20%) percent or more of
the area'
(1) of the property included within the proposed change; or
(2) of those immediately adjacent to the rear or any side of the property,
extending one hundred (100) feet from the property; or
(3) of those directly opposite across the street from the property,
extending one hundred (100) feet from the street frontage of such
opposite property,
such changes shall not become effective except by the favorable vote of three-
fourths of the entire City Council; and
WHEREAS, said Charter Section requires such written protest be submitted
to the City Council no later than the hearing on the proposed amendment; and
WHEREAS, the Wheat Ridge Code of Laws, at Section 26-6(C)(5), codifies
this Charter provision; and
WHEREAS, the City Council wishes to make such protest rights easily
available to the property owners entitled thereto;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
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Section 1. Wheat Ridge Code of Laws, Section 26-6(F)(4) IS hereby
amended as follows:
(4) Letter notice. At least fifteen (15) days prior to any
public hearing which requires notification by letter, the
zoning administrator shall cause to be sent, by certified
mail, a letter to odjoeent property owners WITHIN
600 FEET OF THE EXTERIOR BOUNDARIES OF THE
PROPERTY WHICH IS THE SUBJECT OF THE
APPLICATION and to owners of property included within
the area under consideration. Such letters shall specify
the kind of action requested; the hearing authority; the
time, date and location of hearing; and the location of the
parcel under consideration by address or approximate
address. THE NOTICE SHALL ALSO ADVISE PROPERTY
OWNERS WITHIN APPROXIMATELY 100 FEET OF THE
SUBJECT PROPERTY OF THEIR RIGHTS OF PROTEST
PURSUANT TO CHARTER SECTION 5.10, AND SHALL
INCLUDE AS AN ATTACHMENT TO THE NOTICE A
COPY OF SAID CHARTER SECTION.
Section 2. Section 26-6(C) is hereby amended by the addition of a new
subparagraph (7) to read as follows:
(7) THE FOREGOING RIGHT OF PROTEST, AS
PROVIDED BY CHARTER SECTION 5.10, SHALL BE
APPLICABLE TO APPLICATIONS FOR WHICH A PUBLIC
HEARING BEFORE THE CITY COUNCIL IS REQUIRED,
FOR: (1) APPROVAL OF A CHANGE OF ZONE, (2) THE
ESTABLISHMENT OF A PLANNED DEVELOPMENT
DISTRICT PURSUANT TO CODE OF LAWS SECTION 26-
25, AND (3) APPROVAL OR AMENDMENT OF OUTLINE,
PRELIMINARY OR FINAL PLANNED DEVELOPMENT
PLANS PURSUANT TO CODE OF LAWS SECTION 26-25.
Section 3. 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 4. Severabilitv; Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
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shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1
on this 14th day of February , 2000, 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 March 13 , 2000, at 7:00 o'clock
p.m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 7 to 0 ,this 13th day of March , 2000.
SIGNED by the Mayor on this 13th
da of
March
,2000.
ATTEST:
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Gerald E. Dahl, City Attorney
First Publication: February 18, 2000
Second Publication: March 24, 2000
Wheat Ridge Transcript
Effective Date: April 7, 2000
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