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HomeMy WebLinkAboutOrdinance-2003-1291 INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 16-2~03 Ordinance No. ....li~ 1 Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Section 26-114 of the Wheat RIdge Code of Laws is hereby amended as follows Section 26-114. Special Uses. A, ?wpose Special uses are discretIOnary uses whIch are clearly shown to be vOId or deficient in an area and which, if properly deSIgned, deyeloped, operated and maintallled, may be approyed for any specific location wIthin a zone dIstrict wherein the speclal use IS enumerated. The primary Issues whleh thc plalHllf1g commlssiofl and city councJl shall to be addressed are those related to justification of need and special design and operatlOnal consideratlOns which mItigate potential detrimental impacts of a special use on surrounding land uses, the street system, or publIc seryices or facilItIes, In order to protect the publIc interest, a special use may be thc planning commission and elt)' council shall haH; thc nght to approyed, approyed wIth modificatlOns or denied. dcny a speelUl use requcst and to rcvoke PreYlously approyed special use permIts may be revoked pursuant to subsection F B Applicability The requIrements of this subsection shall apply to all uses lIsted as "specIal uses" within the provisions set forth for any particular zone district. C Application form and review procedures Prior to submitting an) application for a special usc pcrmit, the applieant shall bc rcqUlrcd to hold a ncighborhood mccting (sce scction 26 109(/1.) for requircmcnts) 2 Special use appl1eations shall be originated only by the prospectlye owner of the proposed special use, with written approyal of the fee owner of the property III cases where the owner of the property IS different than the owner of the proposed special use, Both thc spccial usc o\vncr and thc propcrty 0" ftCI', or thClf legal rcprcscntati ,'cs, must be prescnt at all public hChrings, 3 ApplicatlOn shall be submitted on forms proYided by the departmcnt ef plann',ng anu community development department and shall be accompanied by a copy of the property deed, a certified suryey and the appropriate fee 4 All apphcatlOns shall also be accompanied by a sIte plan and addItIOnal written IIlformation III sufficIent detail to conyey the full intent of the applicant in deyeloping, operating and mamtainlllg the special use, The site deyelopment plan shall meet the minimum requIrements outlined m section 26,111 C. 5 Upon receipt of a complete applIcatIOn packet, the platU1Ing and community deyelopment department shall proceed WIth the following process, a, Refer the applIcation to affected public agencIes for reyiew and comment, if applicable, b After acceptance and reyiew, the community development director shall notify adjacent property owners by letter notice and posting of the site for ten (10) days that a special use is requested for the property. staff will gIve notice of a schedulcd public hcaring on the applIcation by nn'i3papcr publicatIOn, letter notificatIon and postIng il1 thc mal1l1er as providcd in seetion 26 109 c If no written objection to the proposed special use is received and the community development director finds that the proposed special use meets the criteria set forth in subsection D below, the community development director is authorized to approve the special use. Any objections must be directly related to the concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection. Prepare a written rcport and rccomfficl1datlOl1s to thc plal1l1il1g eOlllmisgion, which evaluates the proposal and makes findmgs usmg the following review criteria set forth below, The community development director is further authorized to impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, 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 imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to the procedures outlined in section F. d, The community development director shall decide whether the particular special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and 2 not a grant which transfers with the affected property, and, in that connection, the community development director shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and mayor may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. e, If a written objection is received, or if the community development director finds that one or more of the criteria set forth in subsection D below for a special use are not met, or if the applicant objects to conditions of approval by the community development director, the community development director shall forward the request to the city council at a public hearing. Notice of said hearing shall be as provided in section 26-109. D Criteria for review Before a special use is approved, the applicant shall show, and the community development director or city councIl shall find, the proposed special use 1 Will mClCt a proVlCft publIc f]ccd 1ft that It WIll fill a VOId if] ftcccssary scrVICCS, products or facilitics cspecially appropnut-c at the location proposcd, cOf]slderiftg a','ailablc altcrnatives, 2, Will not have a detnmental effect upon the general health, welfare, safety and conyenience of persons residing or working m the neighborhood of the proposed use, 3 Will not create or contnbute to blIght in the neighborhood by vIrtue of phYSIcal or operational charaeteristlcs of the proposed use 4 Will not adyersely affect the adequate light and aIr, nor cause significant air, water or noise pollution 5 Is consistent ',vith thc Comprchcftsivc Plan. 6 Will not result in undue traffic congestIOn or traffic hazards, or unsafe parking, loading, seryice or internal traffic conflicts to the detriment of persons whether on or off the site 7 Will be appropriately designed, includmg setbacks, heights, parkmg, bulk, buffenng, screening and landscaping, so as to be in harmony 3 and compatible wIth the character of the surrounding areas and neIghborhood, especially wIth adjacent properties, 8 Will not oyerburden the capacities of the existing streets, utilities, parks, schools and other public facihtles and seryices, 9 History of compliance by the apphcant with Code reqUIrements and prior conditIons, if any, regarding the subject property 10 AbIlity of the applicant or any permitted successor,in-interest to continuously meet the condJtions of the proposed permit. 11 Other factors releyant to the specific application. E. City council rcvic',j' City counCIl shall reYlew and decide upon all requests for special uses upon rccommcfldatiofl of thc plaflniflg commIssion for appro ,al or upon receipt of an objection by adjacent property owners or upon appeal by an applicant of a decision of recommcfldatJOfl f-or denial by the plaflfling commission community development director or of the conditions of approval by the community development director Notice of public hearing shall be in the manner proyided in section 26-109 1. Council may impose conditions or stipulations upon the special use, which may include physical design as well as operational and maintenance considerations, 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 imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the special use pursuant to procedures outlined in section F. 2, City council, III additJOfl to cOflsidcration of the plannmg commissiofl rccord, shall hear additIOnal eyidence and testimony presented, and either approve, approve with conditions, or deny the special use adopt, adopt WIth modIfications, or reject the ordinance, its decision being based upon all eYldence presented, with due consideratIOn of the critena for reyiew 3. Grant of Use The city council shall also decide if the special use is dependent upon design, management or operational aspects such that it be a personal grant of use to the owner of the special use and not a grant which transfers with the affected property, and, in that connection, the city council shall decide whether the special use: (1) runs with the land in perpetuity; or (2) is personal to the applicant and mayor may not be inherited; and/or 4 (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. In thc event of a protest against such spee1l:l1 me pcrmlt, sIgned by the owners of twenty percent (201){) or more of thc area: 2. Of those Immediately adjacent to the rear or any sick of the property, extendmg onc hundred (100) fect from the property; or 3 Of those dircetly OppOSIte aeross the street from the pmperty, extendmg one hundrcd (lOa) fcet from the str-cet frontage of sueh opposite propcrty Such speCIal use permits shall not become cffectlve cxcept by the favorable vote of three fourths of the cnUre city council. Where lar;d ,,,hich IS adjaccnt or opposite, as defincd abovc, is ov,ncd by the city, such property shall be cxcIuded in computing the reqUIred t ,v cnty perccnt (20%), and 0.,," ncrs of non eity land WIthin the one hundrcd foot limit, as defined above, shall be conSidered adjacent or OppOSltC despite such intcrvenmg cIty land, The writtefl protest to such speeial use shall be 8Ubmitted to thc eit) council no later than thc hearing on thc proposed special usc permit. F Enforcement All conditions and stipulatlOns imposed by the community development director or city council shall be maintained during the entire term of the special use If at any time the stipulations or conditions are not adhered to or are found to haye been matenally altered m scope, appheation or design, the director of community planflmg and deyelopment shall notify a codc cnforccmcnt officer of the nature of the violatIons afld the code enforecment officcr shall myestigate and, If appropriate, initIate reyoeatlon proeeedmgs which shall include the following: 1 NotIce of yiolation following procedures as set forth for nuisanees pursuant to Whcat Ridge Code, Chapter 15 in sections 26-1005 or 26-1006 ofthis code. 2, Upon a finding of noncomphanee by a code cnforecment offieer after the prescribed correction date, the community development dlfeetor of planning and development shall schedule a reyoeation hearing before the city council. The purpose of the revocation hearing shall be for the cIty eouneil to hear eyidenee concerning the nature and extent of the alleged noncompliance with the conditions of the speCIal use permIt. The counCIl shall haye the power, upon good cause being shown, to eancel or revoke the previously issued special use permit, to reqUIre certain correctiye measures to be taken, and/or to direct the city's agents to enter upon the premises and take correetiye measures required by the city council, and to modify the condItIons whIch apply to the special use permIt. 5 Q, Term, 1 A special use pennit 1S yalid so long as the conditlOns of approyal are maintained by the applicant, unless a specIfic tIme limit for the use or deyelopment is set forth as part of the pennlt approyal by the community development director or city council. If an approyed speeial use ceases operation for any reason for a period of one (I) year, the special use perm1t shall be deemed expired, unless otherwise proYided in the permIt itself '1 If the condltlOns of a special use pennit become the responsibihty of a person or entity other than the applicant, the community planning ftflt! deyelopment department shall be notified in writmg, identifying the new person or entIty responsible for mamtaimng the conditIons of the pennlt. UntIl such notice is receiyed, the applicant shall remain responsible for maintaimng those conditlOns. The notIce shall be attached to the pennit on file with the community phmning ftflt! deyelopment department. H. NOl1confonning special uses Notwlthstandmg the proYISlOnS of section 26-120, any special use which is nonconformmg to the prOyiSlOnS of this seetion by way of not haymg receiyed approyal of a special use pennit under pnor rules and procedures shall be allowed to continue, Any expansion, additIOn, or site modification shall require a specIal use reyiew All other proyisions of section 26-120 shall apply Section 2. Section 26-106 Review process chart, is hereby amended as follows Pre-A 'plication Outline Final Appra\'(/l Requested Stllff Neighbor Pc CC UR Stllff Pc CC BOA URPC Notes hood PC Special Use X '" A H H URA 926-114 Appeal to CC 2 RIght of protest applies: Section 26,112.F Key PC Planning commission CC City council BOA. Board of adjustment X. Meeting required H. Hearing required A. Administrative revie" URPC. Urban Renewal ptan compliance required: If "A is noted. administrative review; if "URA" is noted, review by Wheat Ridge Urban Renewat Authority is required - See Section 26-226. Section 3. Safety Clause, The City Counell 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 ordinanee is neeessary for the preseryation of health and safety and for the protectIOn of public conyemenee and welfare The Clty Councll further determines that the ordinance bears a ratIOnal relation to the proper legislatiye object sought to be attamed. 6 Section 4. Seyerablllty, If any clause, sentence, paragraph, or part of this Zoning Code or the applicatIOn thereof to any person or Clreumstances shall for any reason be adjusted by a court of competent jUnsdlCtlOn inyal1d, sueh judgment shall not affect applIcation to other persons or Circumstances, Section 5. Supersession Clause, If any proyision, requirement or standard establIshed by thIS Ordmance IS found to conflict with sImilar proYisions, 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 prOYISIOnS, requirements and standards herein shall supersede and preyail Section 6, This ordinance shall take effect immediately. INTRODUCED, READ, AND ADOPTED on first readIng by a yote of ~ to -L on this 28th day of April, 2003, 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 May 27 ,2003, at 7'00 o'clock p.m" In the CouncIl Chambers, 7500 West 29th A yenue, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a yote of ~ to~, this 27th day of May ,2003 SIGNED by the Mayor on this ...2.8..t.h day of M"y , 2003 /\/~~~ ATTEST. J " /' .~ui~ >t?f~' War.da Sang, Cltyetetk GRLrCHE1'\J LtK V tl''l Y , MA Y UK ... / MA~'\Gw\ "",C)!, ~~ 1st PublIcation May 1, 2003 2nd Publ1catlon, June 5, 2003 Wheat Ridge Transcript Effectiye Date May 27, 2003 7