HomeMy WebLinkAboutOrdinance 1548CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 03
ORDINANCE NO. 154 8
Series 2014
TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PUBLIC
NOTICING REQUIREMENTS (CASE NO. ZOA-14-02)
WHEREAS, the City Counci l of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health , safety and welfare; and
WHEREAS , in the exercise of that authority , the City Council of the City of
Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code ") perta ining to zoning , land use , and development ; and
WHEREAS , the Wheat Ridge City Council ("Council ") has previously enacted
regulations concerning the noticing requirements associated with publ ic hearings for
land use applications ; and
WHEREAS , the City has identified a need to update these requirements for the
purposes of clarity , cost savings , susta inability , efficiency ; and
WHEREAS , the City believes that this update does not diminish the quality,
duration , or extent of public notification ;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Subsection 26-109.8 of the Code , concerning published notice , is
hereby amended as follows :
B. Newspaperpl:lblioation PUBLISHED NOTICE. At least ten (10) days prior to
any public hearing for a specific site or development which requires approval by the
planning commission , board of adjustment or city council , the director of community
development shall cause to be published , ON THE CITY'S WEBSITE AND in the legal
section of a newspaper of general circulation within the city , a notice of public hearing.
The notice 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 9etR
STREET address and legal description. A LEGAL DESCRIPTION OF THE PARCEL
UNDER CONSIDERATION SHALL ALSO BE SPECIFIED IN THE NOTICE
PUBLISHED ON THE CITY'S WEBSITE.
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Section 2. Subsection 26-109.C of the Code , concerning posted notice , is
hereby amended as follows :
C. Posted notice. At least ten (10) FIFTEEN (15) days prior to any public hearing
for a specific site development which requires approval by the planning commission,
board of adjustment or city council, the director of community development shall cause
to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon
the parcel under consideration for approval which provides notice of 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 sign shall be
posted within the property boundaries, shall be affixed to a flat surface, shall measure
twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a
minimum of thirty (30) inches from the ground (however, not more than six (6) feet
above ground), shall be visible from the street without any obstructions, shall be legible
and displayed for fifteen (15) days prior to the public hearing . The sign shall be
maintained in good condition by the applicant throughout the ten (1 0) FIFTEEN (15) day
posting period . The sign shall be removed within seventy-two (72) hours from the date
the public hearing is concluded. The fact that a parcel was not continuously posted the
full ten (1 0) FIFTEEN (15) days may not, at the discretion of the hearing authority,
constitute grounds for continuance where the applicant can show that a good faith effort
to meet this posting requirement was made .
Section 3. Subsection 26-109 .0 of the Code, concerning letter notice, is hereby
amended as follows:
D. Letter notice. At least ten (1 0) FIFTEEN (15) days prior to any public hearing
which requires notification by letter, the director of community development shall cause
to be sent, by certified FIRST CLASS mail, a letter to adjacent property owners within
three hundred (300) feet of the property under consideration and to owners of property
included within the area under consideration. The 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. Failure of a
property owner to receive a mailed notice will not necessitate the delay of a hearing by
the hearing authority and shall not be regarded as constituting inadequate notice .
Section 4. Subsection 26-115.A of the Code, concerning variances, is hereby
amended as follows :
A. Purpose. Where it is desired to gain relief from the strict application of any
provision of this chapter or to seek an interpretation of the provisions or associated
official maps, appeal to the appropriate authority as described below shall be made in
accordance with the requirements relating to the specific type of appeal. Where a public
hearing is required, notification shall occur by newspaper publication, posting, and
certified letter as prescribed in section 26-109.
Section 5. 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
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Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained .
Section 6. Severability, Conflicting Ordinances Repealed. 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
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed .
Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of April, 2014, ordered published with Public Hearing and consideration on
final passage set for Monday, April 28, 2014 at 7:00 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 _o_, this 28th day of April , 2014 .
SIGNED by the Mayor on this 28 th day of April 12014.
ATTEST:
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First Publication : April 17 , 2014
Second Publication: May 1' 2014
Wheat Ridge Transcript
Effective Date: May 16, 2014
77/J sto:~:?J /l/1 ~{{£JM&
Gerald E. Dahl, City Attorney
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