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HomeMy WebLinkAboutOrdinance-1996-1025 -- - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 16 Ordinance No. 1025 Series of 1996 TITLE: AN ORDINANCE ESTABLISHING A PROCEDURE FOR CITY INITIATED REZONING WHEREAS, the Wheat Ridge Code of Laws does not expressly provide for City-initiated rezoning of real property; and WHEREAS, in and the desires adopted and made order to further implement the Comprehensive Plan of the residents, such a procedure should be available to the Council BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT KIDGE, COLORADO, AS FOLLOWS: Section 1. Section 26-3 of the Wheat Ridge Code of Laws lS amended by the addition of a new subsection G, to read: (G) Procedure for City-Initiated Rezoning: The City shall have authority to initiate rezoning of the entire City or portions of the City, in accordance with this subsection G. (1) Applicability. This rezoning procedure applies to city-wide and large area, multiple-property rezoning initi- ated by the Wheat Ridge City Council, To be eligible for this procedure, large-area, multiple property rezoning must include at least ten (10) separate Ownership parcels, and at least ten (10) acres in total combined area. Large-area, multiple property rezoning is permitted under this subsection G only in order to rezone property to a less intensive (lower) zone category; for example, from Commercial-One (C-1) to Restricted-Commercial (R-C), or from Residential-Three (R 3) to Residential-One (R-1) . Rezoning to any Agricultural zone district from any other zone district shall not be considered a rezoning to a less intensive zone category, (2) Procedure and Notice, (a) General: or special meeting, The Council may, at a regular initiate this rezoning proce- GED\530:;:7' H_8)1'': 4 dure 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 Wheat Ridge Planning Commission for a public hearing and recommendation. (b) Planninq Commission Action: 1, Notice Requirements a City-Wide Rezoning: Where a city-wide or comprehensive rezoning has been initiated by the Council, notice shall include publication of a public hearing notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the public hearing, which notice shall include a description of the proposed rezoning and a map which illustrates the geographic extent of the proposed rezoning, b. Large-Area, Multiple Property Rezoning: A large-area, multiple prop- erty rezoning shall, in addition to the newspaper notice required by subsection (a) of this paragraph, be noticed by certified mail notice sent to all owners of record of real property included within the area to be rezoned at least fifteen (15) days prior to the date of public hearing. 2 Planning Commission Review. The Planning Commission shall hear and consider any evidence or statement presented by city staff or by any person in attendance at the hearing. The Planning Commission shall make a recommendation to City Council to approve, approve with modifications or deny the rezon- ing proposal, The Commission's recommendation shall be based upon the facts presented in the public hearing in consideration of the criteria for review specified in Section 26- 6 (C) (3) (b) . (c) Citv Council Action. Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezonlng ordinance shall s3Lisfj this requirement Notice of the hearlng shall be GED'S3U27"1"..80024 -2- the same as for the Planning Commission hearing, however publication of the ordinance on first reading, together with the required map, shall meet the newspaper publication requirement. The City Council, in addition to consideration of the Planning Commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance, The City Council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under section 26-6 (C) (3) (b) Section 2. Safe tv 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 3, Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of compe- tent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4, Effective Date. This Ordinance shall take effect on June 11, 1996. Ridge and May 13 7500 West INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of April, 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Public Hearing and consideration on final passage set for , 1996, at 7 00 o'clock pm., in the Council Chambers, 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED reading by a vote of AND 8 ORDERED PUBLISHED on second to 0 , this 13th day of May and final 1996 GED'53027\14R"iU24 -3- SIGNED by the Mayor on this ATTEST: I j) , ..' ' I "_~-7 '" \.... L.:" WANDA SANG, \ , , .1.~, " .,~, !.- ~<- C CITY CLERK 1st Publication April 26, 1996 2nd Publication: May 24, 1996 Wheat Ridge Transcript Effective Date' June 11, 1996 GEO\5311271148'}02 4 20th day of May , 1996 ~~ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY A~~$~d&J GERALD E, DAHL, CITY ATTORNEY -4-