HomeMy WebLinkAboutOrdinance-2005-1352
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 15-2005
Ordinance No. 1352
Series of 2005
TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING
COMMISSION'S ROLES IN VARIOUS LAND USE PROCESSES AND
APPEALS OF CERTAIN PLANNING COMMISSION DECISIONS
WHEREAS, the City of Wheat Ridge has adopted legislatIOn pertaming to the
regulatory processes for various land use applicatIOns;
WHEREAS, the land use processes vary in the event of a denial recommendatIOn
by PlannIng CommiSSion,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Section 2-60 of the Wheat Ridge Code of Laws is hereby amended as follows.
Sec 2-60 Plannmg commission.
(a) The plannmg commiSSIOn shall develop and prepare a master plan for the phYSical, economic and
SOCial development and contmuance of the city. The plannmg commission shall hold a pubhc heanng on
the plan and make ItS recommendatIOns to the city council. The city council shall adopt and approve the
master plan after holdmg public heanngs and shall authonze the city clerk to have the master plan
recorded at the county The master plan shall be called the "ComprehenSive Plan for the City of Wheat
Ridge" and shall be hereafter m this article referred to as "the comprehensive plan." It shall mclude, but
not be limited to, the following established character, goals and objectives; populatIOn, land use;
economic base; public facilitIes, parks and open space, transportation, prevention of pollutIOn, and
resource conservatIOn.
(b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the
comprehenSive plan shall be lllitIated by the planning commission or referred to the plannIng
commISSIOn by the city council for the planning commission's recommendatIon. No such amendment
shall be final until acted upon by the city counCil, which may approve, amend or deny such
recommendation in whole or in part following public heanng. The plannIng commiSSIOn shall approve
or disapprove amendments to the master plan or comprehensive plan submitted to it by city counCil
with III sixty (60) days after such submiSSion. The date of submiSSion shall be the date the city counCil
makes ItS decision to submit the matter to the planning commission. The approval or disapproval shall
he m the form of recommendatIOns to the city council after all necessary public hearings have been held.
Failure to make saId wntten recommendations to cIty council within sixty (60) days shall be deemed a
recommendation for approval without comment to the city council, and a resolutIOn to that effect shall
be Issued by the planning commissIOn.
(c) The planning commiSSIOn shall approve or disapprove or perform any necessary action upon any
other matter properly referred to It by the city council within sixty (60) days from the date of the
decisIOn to submit the matter to the planmng commissIOn. Failure to approve or dIsapprove or to
undertak.e the requested activity within the sixty (60) day time penod shall be deemed a
recommendatIOn for approval Without comment or a referral back to the city council for performance of
the requested activity m accordance with established procedures concerning notice to the general pubhc
and pubhc heanngs.
(d) The city council may extend the sixty (60) day penod based upon a findmg that such extensIon
would serve the best mterests of the city.
(e) The planning commiSSIOn shall hold a public hearing on all land use cases as prescribed by Chapter
26 The staff shall provide a written staff report to the planning commission prior to the meeting, which
shall contam a staff recommendatIOn on the case which will be based in part on how the requested
change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution
which makes a recommendatIOn to the city council.
(f) Amendments to the zoning and development regulations may be initiated by the planning
commission or referred to it by the city council. The commission's recommendatIon shall be forwarded
to the city council for amendment and/or approval.
Section 2. Section 26-112. Private Rezoning. of Chapter 26 of the Wheat Ridge Code of Laws IS
hereby amended as follows.
E. Planning ('ummissiun 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 plannmg commission shall then make a recommendation to city council to approve or
deny the application, basing ItS recommendation upon the facts presented in the pubhc heanng in
consideratIOn of the cntena for review as specified above
F City council review City council shall review and decide upon all requests for change of
zone, upon recommendation of the planmng commiSSIOn for approval, or for denial by the planning
commiSSIOn. Change of zone may only be approved by passage of an ordinance following the city's
standard ordmance adoption procedures. Notice of public hearing shall be by publicatIOn, letter and site
postmg m the manner provided in section 26-109 hereof City council, in addition to conslderatlon of the
planning commiSSIOn record. shall hear additIOnal eVidence and testImony presented and either approve
or deny the ordmance. City council shall base ItS deciSIOn upon all evidence presented. With due
conSideration of the cntena for review
In the event ofa protest against such change of zone, Signed by the owners of twenty (20) percent or
more of the area.
I Of the property mcluded wlthm 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
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3 Of those directly opposite across the street from the property, extendmg one hundred (100) feet
from the street frontage of such opposite property.
Such change shall not become effectIve except by the favorable vote of three-fourths ofthe
entIre city council Where land Within the area proposed for change, or adjacent or opposite land, as
defined, above IS owned by the City of Wheat Ridge, such property shall be excluded in computmg the
required twenty (20) percent, and owners of non-city land withm the one-hundred-foot limit, as defined
above, shall be conSidered adjacent or opposite despite such intervemng city land. The wntten protest to
such change shall be submitted to the city council no later than the hearing on the proposed rezonll1g.
G Recordatio/J. All approved reZOnIng ordlllances shall be recorded With the Jefferson County Clerk.
and Recorder by the city clerk within thirty (30) days of the effective date of such ordlllance
H. Assessment of Comprehensive Plan. Planning CommiSSIOn and City Counctl shall perform a
yearly assessment of zomng decIsIOns to consider modificatIOn of the Comprehensive Plan Future Land
Use Map If zone changes are made which differ significantly from the designation on the map If zone
changes are denIed when m conformance With the designation on the Future Land Use map,
modifications to the map shall also be considered.
Section 3. Sec 26-116 Planned building groups (PBG) of Chapter 26 of the Wheat Ridge Code
of Laws IS hereby amended as follows
C Applicatiun prucedures. All applicatIOns for planned bmldlllg groups shall be filed With the
department of communIty development by the owner of the entire land area to be mcluded and shall be
accompanIed by the fee set forth in AppendiX A [on file in the office of the city clerk], adequate proof of
ownership, a certItied survey of the parcel, and a site plan under section 26-111 All applicatIOns shall be
reViewed by the department of communIty development for completeness and, if found to be complete,
shall be transmitted to any other agency which might be affected. Any such agency may transmit
comments and recommendatIOns to the department of community development. The director of
communIty development and/or the planning commiSSIOn shall conSider such agency comments and
recommendations when establishing necessary conditions and limitations when actlllg upon
applicatIOns.
D Revievv prucedures
1 Administrative review The director of communIty development shall have the authonty to revle\\-
and approve, approve With modifications, or deny applications for planned building groups for no more
than four (4) main structures on a single lot or parcel, except in the R-l series, R-2 series and A-I zone
distncts. ApplicatIOns for more than four (4) malll structures or more than one (I) main structure m the
R- I senes, R-2 senes and A-I zone districts, and appeals by the applicant of the director of communIty
development's decision, shall be forwarded to the planning commiSSIOn for revIew In revlewmg such
applicatIOns, the director of communIty development shall conSider the standards for approval set forth
belo\\- and shall have the authOrIty to establish necessary conditions and limitations to carry out the
mtent of this sectIOn.
"1 Planning cummission review The planmng commission shall review all applications for planned
bUlldlllg groups which exceed admmlstrative review authonty or upon applicant appeal of an
administrative decision. Such applicatIOn shall be heard at public hearings, with notification by
neighborhood meetmg, newspaper, letter and postmg set forth in sectIon 26- I 09 The deCISIOn by the
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Planmng Commission shall be considered final. Appeal from a decIsion of the Planning Commission
shall be to the Jefferson County District Court as specified in the Colorado Rules of Civil Procedures.
3 Standards for revie,l' The director of community development and/or planmng commiSSion shall
have the nght t~ approve, estabhsh necessary conditions and limitatIons In approvmg, or deny an
applicatIOn for a planned buildmg group, provided, that the followmg standards shall be applied m such
approval, demal or m establishmg such conditions and limitatIOns. In reviewing the planned buildIng
group application, the following shall be considered.
a. Whether the proposed plan IS consistent wIth the spint and intent of the zonIng code and of
the comprehensIve plan and that it would not be contrary to the general welfare and economic
prospenty of the cIty or the Immediate neighborhood and that the plan has been prepared to
achieve the benefit of improved design,
F Amendment or withdrawal of recorded planned huilding groups. Pursuant to the same procedurc
and subject to the same limItatIOns and reqUirements by which such plans were ongmally approved amI
recorded, planned bUlldmg group plans may be amended or withdrawn, either partially or completely. If
all land and structures remaining under such plans can be made to comply with all conditIons and
limItatIOns of such plans and all land and structures Withdrawn from such plans can be made to comply
with all regulations and ordmances of the City of Wheat Ridge unrelated to any special plan hereunder
Planned bUlldmg group plans which have been approved by the planmng commiSSIOn may have mmor
admmlstratlve adjustments or changes approved by the director of commumty development, prOVided
that such adjustments or changes will not cause any of the following to occur
1 A change m the character of the development;
') An increase m the mtensity of use;
3 A reduction in the ongmally approved separations or distances between bUlldmgs,
4 Any change which would create problems for circulation, safety or with utilities;
5 An mcrease of the external effects on adjacent property;
6 A reduction m the onginally approved setbacks from property lines which would violate the
mmlmum setback requirements of the underlYlllg zone;
7 An mcrease m total floor area or of the ground covered by structures;
8 A reductIon m the ratio of off-street parkmg and loading space to gross floor area in
structures; or
9 An mcrease m approved residential densities.
Any amendments to recorded planned building group plans, whether amended administratively or by
actIOn of the planning commiSSIOn, shall be recorded With the Jefferson County Clerk. and Recorder m
the same manner as the originally approved and recorded plan. Any withdrawal or partial Withdrawal of
an approved and recorded plan shall be certified by the recordation of a "declaration of withdrawal" of a
planned bUlldmg group
G Subdivision of land suhjec/ to planned huilding group plan. Where It IS deSired to subdiVide a
parcel of land, exclUSive of condommlUm subdivision, which IS either currently subject to, or is
proposed to be subject to, the proVISIOns of a planned building group plan, all reqUirements of the
underlying zone dlstnct shall apply, except that setback from interior lot lines (that is lot lines not
abuttmg publIc streets or abuttmg adjacent separately owned property) may be less than normally
reqUired If approved by the planning commission at the time of subdivision approval. In addition, any
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land or facilitIes used m common, such as, but not limited to dram age facilities and areas, common
parkmg areas, mgress/egress drives, and landscaping or open space areas, shall be reserved by easement,
or other acceptable mstrument, for the contmued nght of common use of these areas or facilities.
Mamtenance of any such areas or facilities shall be the responsibility of the owner of each mdlvldual lot
wherein such common area or facility lies, except that other property maintenance agreements may be
acceptable if approved by the city attorney
H. It IS the mtent of this section that subdivision review may be camed out simultaneously With the
review of planned bUIlding group plans permitted herein. All requirements of the subdiviSIOn regulatIons
for either mmor (four (4) or fewer lots) or for major (five (5) or more lots) subdiviSIOns, m addition to
those of a planned buildlllg group plan, must be satIsfied If there are any parcel divisions created, or If
there are any dedicatIOns for streets or other public purposes. In cases where subdiVISIOn requirements
are to be met as described herein, the applicant must submit separate sheet(s) m addition to the planned
bUlldlllg group plan.
Section 4. SectIOn 26-118 Right-of-way vacatIOns. of Chapter 26 of the Wheat Ridge Code of
Laws IS hereby amended as follows.
E. Planning commission review Plannmg 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
plannmg commISSion shall then make a recommendatIOn to city council to approve, approve With
conditIOns or deny the applicatIOn, basing ItS recommendatiOns on the facts presented m the public
hearing as applied to the criteria for review as specified in subsection D., hereof Planmng commission
may recommend conditIons or stipulatiOns, which may include use limitatIOns or operatIOnal stIpulatIOns
such as reservation of utility easements or access easements.
f ('ity council review City council shall review and deCide upon all requests for right-of-way
vacatIOns, upon recommendation of planning commiSSIOn for approval, approval with conditions or
demal, Vacations shall be approved by passage of an ordmance, followmg the city's standard ordmance
adoption procedures, or by final plat approval in which case a separate ordinance is not reqUired. Notice
of public hearing shall be by publicatIOn, letter and site posting III the manner proVided m subsectIOn C ,
hereof City council III additIOn to consideratIOn of the planmng commission record shall hear additIOnal
eVidence and testimony presented and either approve, approve With modifications, or deny the
orctmance City counctl shall base ItS deCIsIOn upon all evidence presented, with due consideration of the
cnteria for review as set forth under subsection D., hereof. A three-fourths (super-maJonty) vote of
City CounCIl IS reqUIred to vacate nght-of-way
G Recordation. All approved vacatIOn ordinances or plats With street vacatIOns shall be recorded With
the JetTerson County Clerk and Recorder by the city wlthlll sixty (60) days of the effective date of such
ordinance or plat approval
H. r'esting o/title When a nght-of-way is vacated, title to the vacated right-of-way shall vest with
adjacent property owners or the onglllal grantor or ItS successors-m-mterest as proVided by C.R.S ~ 43-
23-01, et seq
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Section 5. SectIOn 26-106 Review process chart. of Chapter 26 of the Wheat Ridge Code of
Laws is hereby amended as follows
\Planned Bldg Group
mlll~S26'116
I If five or fewer parcels, mInor subdivisIOn process applies. If more than five parcels, maJor
subdivIsion process applies.
2 Right of protest applies SectIOn 26-112.F
3 If four or more bUildings are proposed. then PlannIng CommiSSIOn review IS reqUired.
4 A pre-applicatIOn may not be reqUired based on the complexity of the project.
KeY'
PC Planmng commission
CC City council
BOA Board of adJustment
X. Meetmg reqUired
H Public hearing reqUired
A. Admlmstrattve review
URPC Urban Renewal Plan compliance required If "A" IS noted, administrative reVlev., If
"URA" IS noted. review by Wheat Ridge Urban Renewal Authority IS required -- see sectIOn 26-
226
Section 6. Safcty Clause. The City of Wheat Ridge 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 thc
preservatIOn of health and safety and for the protection of public convenience and welfare. The City
Council further determmes that the ordinance bears a rations relatIOn to the proper legislative obJect
sought to be attained.
Section 7. Severability. If any clause, sentence, paragraph, or part of this ZonIng code or
the applicatIOn thereof to any person or circumstances shall for any reason be adjusted by a court of
competent JUrISdiction lllvalId, such Judgment shall not affect application to other persons or
circumstances.
Section 8. SupersessIOn Clause. If any proVIsion. requirements or standard established by
thiS Ordlllance IS found to conflict with similar provisions, reqUirements or standards found elsewherc III
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 here shall supersede and prevail.
Section 9. Effective Date. This ordinance shall take etfect 15 days after final publicatIOn.
INTRODUCED, READ, AND ADOPTED on first readlllg by a vote of 8 to 0 III
tillS 12th day of September ,2005, ordered published m full in a newspaper of general
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circulatIOn m the City of Wheat Ridge and Public Heanng and consideratIOn on tinal passage set for
September 26 ,2005, 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 readmg by a vote of
~ to 0 ' thiS 26th day of September ,2005
SIGNED by the Mayor on thiS 27th ~:mber ,_~005
(,'I '~\ /,/ <<: . . /
~~~~~E~~ENY ~}y~~ L~ .~J
i
APPROVED AS TO FORM BY CITY ATTORNEY
~jf/J;'rdIt'
GERAL DAHL, CITY ATTORNEY
Sf
I publicatIOn. September 15, 2005
2'''1 publication September 29, 2005
Wheat Ridge Transcript
Effective Date October 14, 2005
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