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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: GED\53027\338543.01 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 GED\53027\33854301 -2- 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: I I / ,e~ <<J1~ Gerald E. Dahl, City Attorney First Publication: February 18, 2000 Second Publication: March 24, 2000 Wheat Ridge Transcript Effective Date: April 7, 2000 GED\53027\33854301 -3-