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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 2 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 3 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 4 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 5 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 6 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 7