HomeMy WebLinkAboutOrdinance-1993-0945
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 30 Ordinance No. 945
Series of 1993
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PAWN SHOPS
AND SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26, Article 1.
Zoning Code, Section 26-6.(B) Special Uses is hereby repealed and
reenacted as follows:
"(B) Special Uses: Special uses are discretionary uses
which are clearly shown to be void or deficient in an
area, and which if properly designed, developed,
operated and maintained, may be approved for any
specific location within a zone district wherein the
special use is enumerated. Special Uses are highly
dependent upon proper design, management and
operational aspects, therefore such uses must be
considered as a personal grant of use, granted to the
owner of the special use and not as a grant of a vested
property right which transfers with the land or lease.
The only time a Special Use Permit may be transferred
to a new owner without re-applying for approval is
through inheritance by an heir. The primary issues
which planning commission and city council shall
address are those related to justification of need and
those special design and operational considerations
which mitigate potential detrimental impacts of a
special use conditionul uso on surrounding land uses,
the street system, or public services or facilities. In
order to protect the public interest achie~e
compatibility, planning commission and city council
shall have the right to approve, approve with
modifications or deny a special use request, and to
revoke previously approved special use permits pursuant
to subsection (6) hereof.
(1) 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.
(2) Application form and review procedures:
(a) Prior to submitting any application for a special
use permit, the applicant shall be required to
hold a neighborhood input meeting. (See subsection
(F)(l) for requirements.)
Ordinance No. ~
Series of 1993
Page 2
(b) Special use applications shall may be originated
only by the prospective owner of the proposed
special use, with written approval of the fee
owner of the property in cases where the owner of
the property is different than the owner of the
proposed special use. Both the special use owner
and the land owner, or their legal
representatives, must be present at all public
hearings. or by his attorney or legall~ desig
nated agent by power of attorney.
(c) Application shall be submitted on forms provided
by the department of planning and development, and
shall be accompanied by a copy of the property
deed, a certified survey, and a fee of one hundred
dollars ($100.00).
(d) All applications shall also be accompanied by a
site development plan and additional written
information in sufficient detail to convey the
full intent of the applicant in developing,
operating and maintaining the special use. The
site development plan shall meet the requirements
of a Type I site plan as set forth in subsection
(E)(l) below.
(e) Upon receipt of a complete application packet as
described above, the planning and development
department shall proceed with the following
process:
1. Refer the application to affected public
agencies for review and comment.
2. Within thirty (30) days of acceptance of a
completed application packet, give notice of a
scheduled public hearing on the application by
newspaper publication, letter notification and
posting in the manner as provided in
subsection (F)(l).
3. Prepare a written report and recommendations
to the planning commission which evaluates the
proposal and makes findings using the
fOllowing review criteria set forth in
subsection (3) below.
(3) Criteria for review. Before a special use is approved,
the applicant shall show, and the planning commission
and city council shall find, the proposed special uses:
(a) Will meet a proven public need in that it will
fill a void in necessary services, products or
facilities especially appropriate at the location
proposed, considering available alternatives.
(b) Will not have a detrimental effect upon the
general health, welfare, safety and convenience of
Ordinance No. 945
Series of 1993----
Page 3
(c)
(d)
(e)
( f)
(g)
( h)
persons residing or working in the neighborhood of
the proposed use.
Will not create or contribute to blight in the
neighborhood by virtue of physical or operational
characteristics of the proposed use.
Will not adversely affect the adequate light and
air, nor cause significant air, water or noise
pollution.
Is consistent with the comprehensive plan.
Will not result in undue traffic congestion or
traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the
detriment of persons whether on or off the site.
Will be appropriately designed, including
setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony
and compatible with character of the surrounding
areas and neighborhood, especially with adjacent
properties.
Will not over burden the capacities of the
existing streets, utilities, parks, schools and
other public facilities and services.
(4) Planning commission 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 planning
commission shall then make a recommendation to city
council to approve, approve with conditions or deny
the application, basing its recommendation upon the
facts presented in the public hearing in consideration
of the criteria for review as specified in subsection
(3) above. Planning commission may recommend condi-
tions or stipulations, which may include physical
design as well as operational and maintenance
considerations, upon the special use 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 recommended in order to ensure compliance with the
criteria for review, which, if not complied with, shall
be grounds for revocation of the special conditionol
use. A recommendation for denial shall be considered
final, unless the applicant files an appeal to city
council.
(5) Citv council review. City Council shall review and
decide upon all requests for special uses upon
recommendation of planning commission for approval or
upon appeal by an applicant of a recommendation for
denial by planning commission. Special uses may only
be approved by passage of an ordinance, following the
Ordinance No. 945
Series of 1993
Page 4
city's standard ordinance adoption procedures. Notice
of public hearing shall be in the manner provided in
subsection 26-6(F)(1). City council, in addition to
consideration of the planning commission record, shall
hear additional evidence and testimony presented, and
either pass, pass with modifications, or deny the
ordinance, its decision being based upon all evidence
presented, with due consideration of the criteria for
review.
(6) Enforcement. All conditions and stipulations imposed
by city council shall be maintained in perpetuity with
the special conditional use. If at any time the
stipulations or conditions are not adhered to or are
found to have been materially altered in scope,
application or design, the zoning administrator shall
notify a code enforcement officer of the nature of the
violation(s) and the code enforcement officer shall
investigate, and if appropriate, initiate revocation
standard enforcement proceedings which shall include
the following:
(a) Notice of violation following procedures as set
forth for Nuisances pursuant to Wheat Ridge Code,
Chapter 15.
(b) Upon a finding of noncompliance by a Code
Enforcement Officer after the prescribed
correction date, the Zoning Administrator shall
schedule a revocation hearing before the City
Council. Such revocation hearing date shall be
set by City Council after 1st reading of an
ordinance therefore. The purpose of the revocation
hearing shall be for the City Council to hear
evidence concerning the nature and extent of the
alleged noncompliance with the conditions of the
Special Use Permit. The Council shall have the
power, upon good cause being shown, to cancel or
revoke the previously issued Special Use Permit,
to require certain corrective measures to be
taken, and/or to direct the City's agents to enter
upon the premises and take corrective measures
required by the City Council, and to modify the
conditions which apply to the Special Use Permit.
Any revocation action shall become effective
fifteen (15) days after final publication of the
ordinance. Any other action shall require a
continuance of the public hearing to a specific
future date, and a motion stipulating the specific
corrective measures that are to be accomplished
either by the special use owner or by an agent of
the City within that time period. Upon the date
of the continued hearing, should the Council find
that the conditions and stipulations have not been
Ordinance No. 945
Series of 1993
Page 5
satisfactorily met, Council shall adopt the
revocation ordinance."
(7) Nonconforming Special Uses:
Notwithstanding the provisions of this Zoning
Code Section 26-7. Nonconforming lots, uses
and structures, any special use which is
nonconforming to the provisions of this
Section 26-6.(B) by way of not having
received approval of a Special Use Permit
under prior rules and procedures shall
terminate, or shall otherwise become
conforming to these provisions, within
five (5) years of the date that such
nonconforming status became effective.
In addition, within this five (5) year
amortization period, no nonconforming
special use shall change ownership without
coming into conformance with this Section
26-6.(8). All other provisions of Section
26-7 shall apply.
Section 2. Wheat Ridge Code of Laws, Section 26-23. Commercial-
Two District (C-2), subsection (E) Special Uses, is hereby
amended by the addition of an additional special use as follow:
"(d) Pawn Shops."
Section 3.
subsection
additional
follows:
Wheat Ridge Code of Laws, Section 26-5. Definitions
(a) is hereby amended by the inclusion of an
definition, in the appropriate alphabetical order, as
"Pawn Shop. A commercial establishment where a
pawnbroker, as defined by Colorado Revised Statutes,
regularly conducts the business of making contracts
for purchase or purchase transactions."
Section 4. Wheat Ridge Code of Laws, Section 26-10 through
Section 26-15, and Sections 26-18 and 19, subsections (E) Special
Uses, are hereby amended by addition of the following new special
uses:
"Small Day Care Center, Day Care Center."
Section 5. Wheat Ridge Code of Laws, Sections 26-16 and 26-17,
subsections (E) Special Uses, are hereby amended by addition of
the following new special use:
Ordinance No. 945
Series of 1993
Page 6
"Day Care Center."
Section 6. 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 Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 7. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 8. Supersession Clause. If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, 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 provisions, requirements and standards herein shall supersede
and prevail.
Section 9. This ordinance shall take effect upon approval by
City Council.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 22nd day of November , 1993, ordered -
published in fu~in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for December 13 ,1993, at 7: 30 0' clock 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 6 to 2 ,this 13th day of December
1993.
SIGNED by the Mayor on this 14th day of December
~~
DAN WILDE, MAYOR
, 1993.
Ordinance No. ~
Series of 1993
Page 7
APPROVED AS TO FORM BY CITY ATTORNEY
Kfi1v~doitlA2ftv~TORNEY
1st Publication: November 30, 1993
2nd Publication: December 21, 1993
Wheat Ridge Sentinel
Effective Date: December 13, 1993
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