HomeMy WebLinkAboutOrdinance 1725CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HUTCHINSON
COUNCIL BILL NO. 20
ORDINANCE NO. 1725
SERIES 2021
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING LETTER NOTICE TO
PROPERTY OWNERS AND OCCUPANTS FOR DEVELOPMENT
APPLICATIONS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, the City Council has exercised these powers by the adoption of
Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and
development; and
WHEREAS, the City places a high value on notifying community members of
development applications that may impact their neighborhoods; and
WHEREAS, the City Council wishes to improve public notice by requiring that
both property owners and occupants receive notification letters for pre-application
neighborhood meetings, public hearings, and certain public comment periods for
development applications.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-109.A of the Code of Laws, regarding letter notice
procedures for pre-application neighborhood meetings, is amended to read:
A.Pre-application neighborhood meeting. Prior to submitting any application, for
approval which requires a neighborhood meeting under the provisions of section 26-
106, Review process chart, an applicant shall be required to do the following:
1.Applicant shall, by regular FIRST CLASS mail or by pamphlet or flyer personally
delivered, notify all PROPERTY OWNERS AND OCCUPANTS residents within
six hundred (600) feet of the area subject to the land use application of a meeting
to be held, at a time and place selected by THE applicant but reasonably
calculated to be convenient both to THE applicant and those PROPERTY
OWNERS AND OCCUPANTS residents notified, for the purpose of allowing the
applicant to present to said PARTIES residents the nature, character and extent
of the action requested by THE applicant, and further to allow SAID PARTIES
the residents to give input to the applicant regarding said proposal.
2.The intent of THE NEIGHBORHOOD MEETING this proposal is to give adequate
opportunity for both applicants, PROPERTY OWNERS, and OCCUPANTS
residents to give and receive input regarding proposed projects prior to their
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formal submission so that the projects are carefully designed and conceived to
be compatible with surrounding neighborhoods. It is not the intent of the city
council to require formal agreements between applicants and PROPERTY
OWNERS OR OCCUPANTS residents prior to submission of applications, nor is
any applicant to be denied the right to proceed to any required or permitted
hearings regarding such application because no agreement is reached. Rather,
the city council by this subsection is encouraging reasonable, honest, good faith
communication between residents PROPERTY OWNERS, OCCUPANTS and
applicants, and vice versa.
Section 2. Section 26-109.D of the Code of Laws, regarding general letter
notice procedures for public hearings, is amended to read:
D. Letter notice. At least fifteen (15) days prior to any public hearing which requires
notification by letter, the director of community development shall cause to be
sent, by first class mail, a letter to adjacent property owners AND OCCUPANTS
within six hundred (600) feet of the property under consideration and to
PROPERTY owners AND OCCUPANTS 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 OR OCCUPANT 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 3. Section 26-113.B of the Code of Laws, regarding letter notice for
City-initiated rezoning public hearings, is amended to read:
B. Procedure and notice:
1. General. The city council may, at a regular or special meeting, initiate this
rezoning procedure by adoption of a resolution setting forth the general area
of the proposed rezoning, stating the intended purpose and objectives to be
achieved by the rezoning, and referring the matter to the planning
commission for a public hearing and recommendation.
[…]
c. All other city-initiated rezonings: A city-initiated rezoning shall, in
addition to the newspaper notice required by subsection b above, be
noticed by FIRST CLASS certified mail notice sent to all PROPERTY
owners of record of real property AND OCCUPANTS included within the
area to be rezoned at least fifteen (15) days prior to the date of public
hearing.
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Section 4. Section 26-114.C of the Code of Laws, regarding letter notice
procedures for special use permits, is amended to read:
C.Application form and review procedures:
[…]
5.Upon receipt of a complete application packet, the community development
department shall proceed with the following process:
[…]
b.After acceptance and review, the community development director shall
notify adjacent property owners AND OCCUPANTS by letter notice and
posting of the site for ten (10) days that a special use is requested for the
property.
Section 5. Section 26-115.C of the Code of Laws, regarding letter notice
procedures for administrative variances, is amended to read:
C.Variances:
1.Administrative variances fifty (50) percent or less: The director of community
development is empowered to decide upon applications for administrative
variances from the strict application of any of the "development standards"
pertaining to zone districts in article II and sections 26-501 (Off-street parking)
and 26-502 (Landscaping requirements), and 26-603 (Fencing) and Article VII
(Signage) of this chapter, which apply throughout the various zone district
regulations and in other situations which may be specifically authorized in the
various sections, without requirement of a public hearing, under the following
conditions:
[…]
c.The director of community development has notified adjacent
property owners AND OCCUPANTS by letter notice and posting of the
site at least ten (10) days prior to rendering his decision, and that no
objections have been received during such ten-day period. Any
objections must be received in writing and be directly related to
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.
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Section 6. Section 26-115.D of the Code of Laws, regarding temporary
permits, is amended to read:
A.Temporary permit for uses, buildings, signs and nonoperative vehicles.
[…]
2.One-month temporary permit: The director of community development is
empowered to decide upon applications for temporary buildings, uses or
signs which would not otherwise be permitted in a particular district, without
requirement of a public hearing, under the following conditions:
[…]
d.The director of community development has notified adjacent property
owners AND OCCUPANTS in a form and manner as required for minor
variances as set forth in section 26-109 and has received no objections.
Any objections must be received in writing and be directly related to
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; […]
Section 7. Section 26-119.E of the Code of Laws, regarding letter notice for
zone district interpretations, is amended to read:
E.Administrative and minor adjustments to the official zoning map. Where the zoning
district boundary cannot be interpreted in accordance with subsections B. through D.
above, the community development director may make an administrative adjustment
in accordance with this subsection E.
1.Procedure for administrative adjustments. An application for an adjustment to
the official zoning map may be made to or initiated by the community
development director. The community development director may
administratively amend the official zoning map under the following conditions:
[…]
d.The community development director has notified adjacent property
owners AND OCCUPANTS by letter notice and posting of the site at
least ten (10) days prior to rendering his decision, and that no
objections have been received during such ten-day period. Any
objections must be received in writing and be directly related to the
proposed boundary adjustment. General objections regarding
existing land use conditions or issues unrelated to the boundary
adjustment will not be considered valid objections for purposes of
this provision.
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Section 8. Section 26-1116.C of the Code of Laws, regarding notice of
neighborhood meetings for large concept plans in mixed use zone districts, is amended
to read:
C.For sites ten (10) acres in size or more, a neighborhood meeting shall be required
prior to submittal of the concept plan application. The applicant shall notify all
property owners within six hundred (600) feet of the development site and follow the
neighborhood meeting requirements per section 26-109.A.1.
Section 9. Section 26-1116.F of the Code of Laws, regarding notice
procedures for public comment periods for large concept plans in mixed use zone
districts, is amended to read:
F.Public comment period. For sites ten (10) acres in size or more, upon submittal of
the concept plan application, the applicant shall notify adjacent property owners
AND OCCUPANTS that the application is available on file at the community
development department for review, in a manner required for neighborhood
meetings, subject to section 26-109.A.1. Public comments related to the proposed
concept plan may be submitted to the community development department within
fifteen (15) days of the original date of notification.
Section 10. 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 11. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter. Any mailing initiated
after the effective date shall comply with this Ordinance.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 25th day of October 2021, 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 November 8, 2021, at 7:00 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in
person on that date per COVID-19 restrictions.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 8th day of November, 2021.
SIGNED by the Mayor on this 15 day of November 2021.
______________________________
Bud Starker, Mayor
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ATTEST:
_________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald Dahl, City Attorney
1st publication: October 28, 2021
2nd publication: November 11, 2021
Jeffco Transcript:
Effective Date: November 26, 2021