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HomeMy WebLinkAbout08/07/2003AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION August 7 203 Commission Members Absent: Kimberly Davis (excused) Jahn McMillin (excused) ' ! It was moved # Commissioner and seconded by i t t w # to approve t of presented. motion passed 6-0 with Commissioners t McMILLIN absent. t PUBLIC There were none present to address the Commission during this portion of the meeting. Planning Commission Page 1 July 17, 2003 A. Case No., WZ-02-13. An application filed by Melody Homes, Inc. for approval of a rezoning from Agricultural-One (A-1) to Planned Residential Development (PRD) and Planned Industrial Development (PID) and approval of an outline and final development plan for property located at 10285 Ridge Road. It was moved by Commissioner WEISZ and seconded by Commissioner STITES to continue the final development plan portion of the application until the meeting of August 7, 2003. The motion passed 6-0 with Commissioners DAVIS and McMILLIN absent. request and suggested that neighborhood commercial might be a better designation. Commissioner BERRY inquired about noise impact on the proposed development from passi trains. Mr. Wilson stated that a noise study was performed and the proposed residential areas meet FHA noise limits. 1 1 Commissioner BERRY suggested that landscaping be drought tolerant. She also expressed vm situe of the allowed uses listed in the PID. Planning Commission Page 2 July 17, 2003 With the following conditions: Planning Commission Page 3 July 17, 2003 The motion passed 6-0 with Commissioners DAVIS and McMILLIN absent. 1.1 11 q � I � I � I q I M= s 0=1 MW= • I Planning Commission Page 4 July 17, 2003 9. 10. 11. 12, NEW BUSINESS COMMISSION REPORTS 11111111 ON Nlif IRB 11 Vflk It was moved by Commissioner WITT and seconded by Commissioner STITES to adjourn the meeting at 8:12 p.m. The motion passed 6-0. Marian MeNAMEE, Chair Planning Commission Page 5 July 17, 2003 COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission MEMM 411 MHEMMummm CC: Case File A request is being made for continuance of the Final Development Plan (WZ-02-13) and Final Plat (WS-02-01) to the next Planning Commission meeting, An effort is being made • the applicant to resolve outstanding issues prior to public hearing. Staff recommends that Case # WZ-02-13 and Case # WS-02-01 be continued to the Planning Commission meeting on August 21, 2003. 00=1MMEM "I move that Case No, WZ-02-13, a request for approval • a final development plan, and Case No. WS-02-01, a request for approval of a 38-lot major subdivision plat, for property located at 10285 Ridge Road, be CONTINUED to August 21, 2003." - 1 0 k, lllvll V4, Wheat Ridge, CO 80033 PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two lot minor subdivision for property located at 4470 Wadsworth Blvd. The property is zoned C-1, Commercial-One (Exhibit 1, Zoning Map) and is currently vacant. M5 luiluing of the sign-in sheet (Exhibit 3). Attached is also a letter submitted after the neighborhood meeting from Cassandra Rushing of 4530 Vance St. (Exhibit 4). This minor subdivision creates two lots. The property is currently vacant and has frontage on both Wadsworth Blvd. and W. 45' Avenue. This plat is a re-subdivision of lot 2 from the Ace Hardware Lot Line Adjustment Plat (Exhibit 5). The lots in this subdivision are being platted as lot 3 and lot 4 to differentiate from the lot 2 of the original plat. This numbering sequence utilizes logical subdivision numbering progression and is less ambiguous than labeling the lots as 2A and 2B. Lot I is not being re-platted with this plat. Since the time of the neighborhood meeting, staff has received no objection to or public comment regarding this minor subdivision application. IV. AGENCY REFERRALS M Zlk Tie 11 7 IT . " eyor nd=ielvea em Yor completeness an icatea7ffa is in compliance with the City's Subdivision Regulations. All service agencies can serve the property when developed. Any necessary system improvements, taps and meters will be at the developer's expense. The Public Works Department will require a drainage report for the site, prepared by a Colorado licensed professional engineer, prior to any development. Public improvements of curb, gutter and sidewalk are currently in place along W 45' Ave. Any improvements associated with the widening of Wadsworth Blvd. will be constructed at the time of that project. The property is located within the Wadsworth Boulevard Corridor Redevelopment Area. At th meeting on July 23, 2003, the Wheat Ridge Urban Renewal Authority reviewed the proposed subdivision (Exhibit • and found minimal impact to any plans for urban renewal projects. I Xcel Energy can serve the property with requested utility easements adjacent to the front and rear 'I lines for the installation and maintenance of utilities, These easements are discussed in plat note #7 and are depicted graphically • the plat document. Wheat Ridge Water District will provide water service to the property. Per the district's response, lot 3 will receive service from W 45 Avenue and lot 4 from Wadsworth Blvd. Upon review of the above request, staff concludes that the applicant is subdividing a single parcel with frontage on Wadsworth Blvd and W. 45' Avenue into two parcels, one fronting Wadsworth Blvd. and one fronting W 45' Avenue. The existing C-1, Commercial-One zoning will not change. The requirements of the Subdivision Regulations have been met. Staff recommends APPROVAL the following reasons: I I . All requirements of the City's Subdivision Regulations have been met. 1 The lots are of sufficient size to allow for development with the C-1 zoning district requirements, 3. All required utility easements are being provided. 4. The lots will have access from existing drives with cross access easements. Planning Commission Page 3 MS-03-04/Youngblood V1. RECOMMENDED MOTIONS Option A: "I move that Case No. MS-03-04, a request for a two lot minor subdivision for property located at 4470 Wadsworth Blvd. be APPROVED for the following reasons: I . All requirements of the City's Subdivision Regulations have been met. 2. The lots are • sufficient size to allow for development with the C-1 zoning district requirements. 3. All required utility easements are being provided. 4. The lots will have access from existing drives with cross access easements." Option B: "I move that Case No. MS-03-04, a request for a two lot minor subdivision for property located at 4470 Wadsworth Blvd. be DENIED for the following reasons: 1. 2. 3." Planning Commission Page 4 MS -03 -0 (Youngblood 5E 14 �l -l !I °1 .ir Fax (303) 235-2857 Neighborhood Meeting Summary MUEM City Staff Present: Mary Austin, Planner Location of Meeting: Wheat Ridge Municipal Building, 2"' floor conference room I V17T l ip Applicant: Todd Youngblood Property Owner Present? Yes Todd Youngblood Applicant Present? Yes Existing Zoning: C- I Comp Plan Designation: CC Community Commercial Existing use/site conditions: Vacant land Applicants proposal: A 2-lot minor subdivision of Lot 2 Ace Hardware Lot Line Adjustment Plat, Issues discussed: Questions were posed regarding plans for the proposed use of the property. Prospective uses of retail and an office for Jefferson County Housing Authority were discussed. However, any uses permitted under the C- I zoning district are possible. F v *A4 n o I I e �. I m \\ �� � •�� � n \ � � Cassandra J. Rushing 4530 Vance St. Wheat °F It CO 80033 MEM City of Wheat Ridge orn unity Development Department 7500 West"29th Avenue Wheat Ridge, CO 80033 RE. Sub-Division Proposal of Todd C. and Cynthia L. Youngblood - 4470 Wadsworth Blvd, I received the attached Notice • Neighborhood Input Meeting on Monday, May 26th. It was delivered by hand that afternoon. I was unable to attend the meeting with such short notice (2 days advance notice). I did NMI qlM��—a-resident-thatwffl-be-aff�cted by this proposal. mv! •. We have too much traffic on Vance Street already. Plans are underway for a speed bump near my home. How will the city accommodate the increase in traffic for residential taxM. yers and commercial interests? What exactly does, "future retail space" mean? I am already very concerned that I live precariously close to a propane gas supplier (W. 44th and Vancr). Not sure wholhad the idea that this was acceptable but it seems way too close to My residential area in my opinion. F have no objection to a "residential styled office building." I believe the City of Wheat Ridge is remiss in fang to attract businesses to this area when one considers the tax revenues, etc. that must be lacking from empty lots and buildings in the W. 44th and Wadsworth Blvd. location. The beautification of W. 38th Ave. is wonderful. Gee, even Harlan Street was targeted. I wonder why my area of Wheat Ridge is left fallow? In sum, I welcome the idea of new businesses, in the commercially zoned areas. What types • businesses is the city trying to attract? That is my great concern. My children joke about the City of Wheat Ridge being home to liquor stores and auto body shops. I V A a r . EIN- l"01114r11 4 i t e +au aw�ra s aw. a �r ..2 S 46th AVENUE aarafw�+ Wheat Ridge Urban Renewal Authority '7500 W, 29th Avenue Wheat Ridge, Colorado 80033 303-Z35-2846 303-Z35-ZS57 (F] TO: Mary Austin, Case Manager FROM: Alan White, Executive Director 0* F."40, DATE: July 24, 2003 The VI'RUFAA reviewed this proposed subdivision at their meeting on July 23, 2003 and concluded that the subdivision would have a minimal impact on urban renewal activities. Although included in the Wadsworlh Redevelopment Area, there are no plans for redevelopment of this area at this time, 14"&V4 we I lim NW CORNER NORTHEAST QUARTER SEC, 23, T39, R69W I A I C FOUND AND ACCEPTED 1/2' STEEL PIN (NO CAP) 0.5' BELOW SURFACE I 21.00' ', - -- cli •0 1 N i r V 1 Z I LU I I w I Q I d O O c I I I I WEST 45th AVENUE 50' RIGHI OF WAY I N89 0 40 '44 "E 51 i 1 LL � O� zw5 I -ZC ILAU i cu qco q �S cN a I I — POINT OF BEGINNING FOUND AND ACCEPTED 5 /8' SL, PIN FLUSH TO SURFACE. ZR YE Jt i, M 5 UTILITY EAEMENT 5' UTILITY EA SEMENT N89 °44' 11 CV ,A ® �� DV ARE LL e P`L 1 IN " z Y s, DRESS- EGRESS EASEMENT I cq LOT 4 cq 6 ` 0 O Z — N �a C41 � N o LU c Z � � O W d ° z r w � N CENTERLINE OF 10.0' UTILITY EASEMENT, RECEPTION NO. 89026158 I N89 0 40 '44 "E 51 i 1 LL � O� zw5 I -ZC ILAU i cu qco q �S cN a I I — POINT OF BEGINNING FOUND AND ACCEPTED 5 /8' SL, PIN FLUSH TO SURFACE. ZR YE Jt i, M 5 UTILITY EAEMENT 5' UTILITY EA SEMENT N89 °44' 11 °E 172,7 ,A ® �� DV ARE P`L 1 IN " z Y s, DRESS- EGRESS EASEMENT I cq LOT 4 cq 6 ` 0 O Z — I N89 0 40 '44 "E 51 i 1 LL � O� zw5 I -ZC ILAU i cu qco q �S cN a I I — POINT OF BEGINNING FOUND AND ACCEPTED 5 /8' SL, PIN FLUSH TO SURFACE. ZR YE Jt i, M 5 m FOUN AND ACC EPTED 518 STIEEL AN PLASTIC PLAT NOTES T. THE AREAS SHOWN HEREIN AS TRACT A AND TRACT B ARE HEREBY RESERVED FOR THE FUTURE REALIGNMENT OF WADSWORTH BOULEVARD, NO BUILDING OR PERMANENT STRUCTURE SHALL BE ALLOWED WITHIN THE BOUNDARIES OF TRACT A OR TRACT B. THE OWNER OF LOT 1 SHALL RETAIN THE RIGHT TO USE SAID TRACT A AND THE OWNER OF LOT 2 SHALL RETAIN THE RIGHT TO USE SAID TRACT 8, UNTIL AT SUCH TIME AS THE WADSWORTH BOULEVARD REALIGNMENT COMMENCES, AT THE TIME OF THE COMMENCEMENT OF SAID WADSWORTH REALIGNMENT, TRACT A AND TRACT B SHALL BE DEDICATED AS RIGHT-OF -WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION UPON REQUEST BY THE CITY OF WHEAT RIDGE. THE BOUNDARIES OF SAID TRACT A AND SAID TRACT B SHALL EXACTLY CORRESPOND TO THE LEGAL DESCRIPTIONS AS SHOWN ON EXHIBITS A AND B OF THE ACE HARDWARE DEVELOPMENT COVENANT DOCUMENT AS RECORDED AT RECEPTION NUMBER F1659614 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. 2. CROSS ACCESS EASEMENT; THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS UMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS'CROSS ACCESS /INGRESS- EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND /OR FROM ABUTTING PUBLIC STREETS. 3. UPON THE TIME OF RECORDING OF TRACT A AS RIGHT -OF -WAY AT THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE, THE AREA OF CROSS- ACCESS EASEMENT LYING WITHIN THE BOUNDARIES OF SAD TRACT A AS SHOWN HEREIN 314A LL BE VACATED. 4. THE BEAFBNGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF WADSWORTH BOULEVARD AS SHOWN ON THE RIGHT -OF -WAY MAP AND MONUMENT DRAWING FOR THE NORTH ONE HALF OF SECTION 23, T3S, R69W OF THE 6TH P.M., DEPARTMENT OF PUBLIC WORKS, CITY OF WHEAT RIDGE, COLORADO, SHEET 15 OF 27. 5. NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY THE FLOOD INSURANCE RATE MAP (FIRM). CITY OF WHEAT RIDGE, COLORADO, JEFFERSON COUNTY, COMMUNITY PANEL NO.OSM79 00050, MAP DATED 2-04 -1988, 6, FOR THE PURPOSES OF DETERMINING SETBACK FOR DEVELOPMENT OF LOT 4, THE SETBACK UNE ON WADSWORTH BOULEVARD SHAD_ BE THE EAST LINE OF TRACT 8. 7. TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. RVE-FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHAD. ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALE. NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. WEST 4M AVENUE COULEHAN GRANGE ZONED C -1 G RAPHIC t � t f •t SOUTH LINE NEI SEC, 23 T3S, R69W - - - - - - N89 0 41'37 0 E 2627.81" SE CORNER NORTHEAST QUARTER SEC. 23, T3S, R69W FOUND 31 /2' BRASS CAP IN RANGE BOX STAMPED CITY OF WHEAT RIDGE LS 13212 Y 1 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEAR FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4-508, COLORADO REVISED STATUTES, OWNER'S CERTIFICATE LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, COUNTY OF JEFFERSON, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.; THENCE N 00'10'12'W ALONG THE WEST UNE OF BAD NORTHEAST QUARTER, 350.32 FEET; THENCE N 89" 40' 44' E, 51.96 FEET TO A POINT ON THE EASTERLY LINE OF WADSWORTH BOULEVARD SAID POINT BEING THE POINT OF BEGINNING; THENCE N W 26'3(Y W ALONG SAID EASTERLY LINE, 80.12 FEET: THENCE LEAVING SAD EASTERLY LINE N89 28' 48'E,189.93 FEET; THENCE Nom 10' 00'W, 203.82 FEET TO A POINT ON THE SOUTHERLY UNE OF 457H AVENUE; THENCE N89' 28' 48'E ALONG SAID SOUTHERLY LINE, 172.53 FEET, THENCE LEAVING SAID SOUTHERLY LINE SW 15' MYE, 285.20 FEET; THENCE SB 40' 44'W, 362.55 FEET TO THE POINT OF BEGINNING, HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONlSTUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. �i�t i L i. � • •R' ) Ss COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE M£ THIS DAY OF A.D. 20 —BY WITNESS MY HAND OFFICIAL SEAL.. MY COMMISSION EXPIRES: 101 PLANNING COMMISSION CERTIFICATION APPROVED THIS DAY OF 20 —, BY THE WHEAT RIDGE PLANNING COMMISSION. sr i CITY CERTIFICATION APPROVED THE DAY OF BY THE CITY OF WHEAT RIDGE. ATTEST CITY CLERK MAYOR DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS SURVEY CE PAUL A, ZI r • :.• • F ACE HARDWARE AD JUSTMENT ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRES r PAULA. LENZINI P.L,S. NO. 11636 COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK e . M. ON THE DAY OF A.D., IN BOOK , PAGE RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY �Mffl IN 2 t 2002' a AND ASSO CIATES, Professional BOX 21457 DENVER, • • s• :t 303-428-6735 FAX 303-428- PREPARE i >I REVISED: JULY t-t F I LOT 3 25,100.54 SQ. FT. 0.5762 ACRES MORE OR LESS ZONED C -1 5' UTILITY EAEMENT 5' UTILITY EA SEMENT N89 °44' 11 °E 172,7 ,A ® �� DV ARE P`L 1 IN " z Y s, DRESS- EGRESS EASEMENT I LOT 4 CD �a C41 � N LU c � � O W d r Q LU m FOUN AND ACC EPTED 518 STIEEL AN PLASTIC PLAT NOTES T. THE AREAS SHOWN HEREIN AS TRACT A AND TRACT B ARE HEREBY RESERVED FOR THE FUTURE REALIGNMENT OF WADSWORTH BOULEVARD, NO BUILDING OR PERMANENT STRUCTURE SHALL BE ALLOWED WITHIN THE BOUNDARIES OF TRACT A OR TRACT B. THE OWNER OF LOT 1 SHALL RETAIN THE RIGHT TO USE SAID TRACT A AND THE OWNER OF LOT 2 SHALL RETAIN THE RIGHT TO USE SAID TRACT 8, UNTIL AT SUCH TIME AS THE WADSWORTH BOULEVARD REALIGNMENT COMMENCES, AT THE TIME OF THE COMMENCEMENT OF SAID WADSWORTH REALIGNMENT, TRACT A AND TRACT B SHALL BE DEDICATED AS RIGHT-OF -WAY TO THE COLORADO DEPARTMENT OF TRANSPORTATION UPON REQUEST BY THE CITY OF WHEAT RIDGE. THE BOUNDARIES OF SAID TRACT A AND SAID TRACT B SHALL EXACTLY CORRESPOND TO THE LEGAL DESCRIPTIONS AS SHOWN ON EXHIBITS A AND B OF THE ACE HARDWARE DEVELOPMENT COVENANT DOCUMENT AS RECORDED AT RECEPTION NUMBER F1659614 IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. 2. CROSS ACCESS EASEMENT; THE OWNER, HIS SUCCESSORS AND ASSIGNS GRANTS UMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS'CROSS ACCESS /INGRESS- EGRESS EASEMENTS', AS ILLUSTRATED UPON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS, AND GUESTS OF THE OWNERS, AND SHALL FURTHERMORE GRANT ACCESS TO AND FREE MOVEMENT THROUGH SAID EASEMENTS TO THOSE ENTERING SAID EASEMENTS FROM SIMILARLY RECORDED EASEMENTS FROM ADJACENT PROPERTIES AND /OR FROM ABUTTING PUBLIC STREETS. 3. UPON THE TIME OF RECORDING OF TRACT A AS RIGHT -OF -WAY AT THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE, THE AREA OF CROSS- ACCESS EASEMENT LYING WITHIN THE BOUNDARIES OF SAD TRACT A AS SHOWN HEREIN 314A LL BE VACATED. 4. THE BEAFBNGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF WADSWORTH BOULEVARD AS SHOWN ON THE RIGHT -OF -WAY MAP AND MONUMENT DRAWING FOR THE NORTH ONE HALF OF SECTION 23, T3S, R69W OF THE 6TH P.M., DEPARTMENT OF PUBLIC WORKS, CITY OF WHEAT RIDGE, COLORADO, SHEET 15 OF 27. 5. NO PORTION OF THIS SITE IS WITHIN THE 100 YEAR FLOOD PLAIN AS INDICATED BY THE FLOOD INSURANCE RATE MAP (FIRM). CITY OF WHEAT RIDGE, COLORADO, JEFFERSON COUNTY, COMMUNITY PANEL NO.OSM79 00050, MAP DATED 2-04 -1988, 6, FOR THE PURPOSES OF DETERMINING SETBACK FOR DEVELOPMENT OF LOT 4, THE SETBACK UNE ON WADSWORTH BOULEVARD SHAD_ BE THE EAST LINE OF TRACT 8. 7. TEN -FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. RVE-FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHAD. ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALE. NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. WEST 4M AVENUE COULEHAN GRANGE ZONED C -1 G RAPHIC t � t f •t SOUTH LINE NEI SEC, 23 T3S, R69W - - - - - - N89 0 41'37 0 E 2627.81" SE CORNER NORTHEAST QUARTER SEC. 23, T3S, R69W FOUND 31 /2' BRASS CAP IN RANGE BOX STAMPED CITY OF WHEAT RIDGE LS 13212 Y 1 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEAR FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18 -4-508, COLORADO REVISED STATUTES, OWNER'S CERTIFICATE LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, COUNTY OF JEFFERSON, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.; THENCE N 00'10'12'W ALONG THE WEST UNE OF BAD NORTHEAST QUARTER, 350.32 FEET; THENCE N 89" 40' 44' E, 51.96 FEET TO A POINT ON THE EASTERLY LINE OF WADSWORTH BOULEVARD SAID POINT BEING THE POINT OF BEGINNING; THENCE N W 26'3(Y W ALONG SAID EASTERLY LINE, 80.12 FEET: THENCE LEAVING SAD EASTERLY LINE N89 28' 48'E,189.93 FEET; THENCE Nom 10' 00'W, 203.82 FEET TO A POINT ON THE SOUTHERLY UNE OF 457H AVENUE; THENCE N89' 28' 48'E ALONG SAID SOUTHERLY LINE, 172.53 FEET, THENCE LEAVING SAID SOUTHERLY LINE SW 15' MYE, 285.20 FEET; THENCE SB 40' 44'W, 362.55 FEET TO THE POINT OF BEGINNING, HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONlSTUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. �i�t i L i. � • •R' ) Ss COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE M£ THIS DAY OF A.D. 20 —BY WITNESS MY HAND OFFICIAL SEAL.. MY COMMISSION EXPIRES: 101 PLANNING COMMISSION CERTIFICATION APPROVED THIS DAY OF 20 —, BY THE WHEAT RIDGE PLANNING COMMISSION. sr i CITY CERTIFICATION APPROVED THE DAY OF BY THE CITY OF WHEAT RIDGE. ATTEST CITY CLERK MAYOR DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS SURVEY CE PAUL A, ZI r • :.• • F ACE HARDWARE AD JUSTMENT ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRES r PAULA. LENZINI P.L,S. NO. 11636 COUNTY CLERK AND RECORDERS CERTIFICATE STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK e . M. ON THE DAY OF A.D., IN BOOK , PAGE RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY: DEPUTY �Mffl IN 2 t 2002' a AND ASSO CIATES, Professional BOX 21457 DENVER, • • s• :t 303-428-6735 FAX 303-428- PREPARE i >I REVISED: JULY t-t F I LOT 3 25,100.54 SQ. FT. 0.5762 ACRES MORE OR LESS ZONED C -1 5' UTILITY EAEMENT 5' UTILITY EA SEMENT N89 °44' 11 °E 172,7 ,A ® �� DV ARE P`L 1 IN " z Y s, DRESS- EGRESS EASEMENT I LOT 4 WW( . AND PLASTIC CAP 0,M ACRES MORE OR LESS AAJ MD'LEN2]N t' Z ONE D FOUND AND ACCEPTED 5/8' STEEL PIN AND PLASTIC CAP (CAP NOT LEGIBLE) i� n City of Wheat Ridge Community Development Depaftment emorandum OR xf TO: Planning Commission FROM: Alan White, Community Development Director MIA SUBJECT: Case No. ZOA 03 -09, Residential Setbacks DATE: August 1, 20103 public The • for this case was continued on # an indefinite re-noticed been for a public setback At the June 5 hearing, Planning Commission recommended that staff prepare an ordinance to address the following # changes. See attached minutes of setback 1. Change the side setbacks in the R-2A, R-3 and R-3A to 5 feet per story for one and two family structures. Maintain the existing interpretation of "building in line" so that the new -# don't ! # pop-tops. Ism MMS= MEEMM The attached ordinance contains the changes. Deleted language or requirements are shown with a strikethrottt+ and new language or requirements are shown in bold. There were a few other suggestions by Planning Commission that were not included in the motion and these are discussed in the following paragraphs. Setbacks for Main Buildings The changes to R-3 and R-3A to require 5 feet per story for single and two-family structures have been made. (R-2A already contains this requirement.) The footnotes and charts for R-3 and R-3A have been reconciled to require for both the side and rear yard setbacks 15 feet for the first two stories, plus five feet for each story thereafter. Staff is recommending reconsideration of the side yard setback for the R-IA district. The original recommendation was to change it to 10 feet. This change would provide a consistent setback scheme where setbacks decrease as lot sizes decrease. Setback Exceptions The motion passed 8 -0. C. Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code of pertaining to heights and setbacks for resident E exce re port This case was presented by Alan White. He advised the Commission they had jurisdiction to hear the case, He reviewed the staff • di gital presentation which included . survey of regulations in effect E t ♦ p ublic staff requested E and direc ♦ E E �E Planning Co mmission at the June 1 9 t h or points included Chair McNAMEE asked if there were individuals present who wished to address this case. The f ollowing 4 E responded Planning Commission Page 4 June S, 2003 It was moved by Commissioner PLUMMER to continue Case No. ZOA-03-09 to a date uncertain and request staff to prepare an ordinance with the following recommendations for changes: I I a OT-111#11 ifla I fail I '..e Teselw TIT I s ss is case. There was no response. Planning Commission Page 5 June 5, 2003 rA 7E �3 W A 'G „ r. > EM as c� v c c tea c� v n r�8 Ul) c` n n c d x � nb° Cl) c was r ev me <a r cv cv +rr iso ra ce€ cv Cn s r� i ra 'v c� u� in + Ccr ra rs rs 4v cv in 'r r s i i v cv 08 ca c` V) CY c` A n n 000 Lo � - - in in c �n �n Ul) Ul) cv Cv V 40 s o c� CV cu co B a to to o in +0 to u) Ul) 47 in u> to in in in ua ua .- to 47 in in 4, in ZZ LL i"4) 0 X � CA ♦ _� may. .may sh /' r te . ^ dry , ♦tY� (D o m ��,yr' p ' 1,. eYt � y /�� ♦�P Li vI Y.at V..T }y w� 4.i y �y yyr r Vf. twil ��r�ww iJ uI yr. VJ C) 4.F 0 l...i v/ �� j V3 ii MG v! � �Iyw M# b.i vw Mir Y© ate. �ppyys� MM.. Mi. Mi ipr iYs iL „ r. > EM CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE DISTRICTS. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend the development standards in individual zone districts pertaining to setbacks; WHEREAS, there are certain inconsistencies in the development standards; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Section 26 -206 Residential -One A District (R -1 A) is hereby amended to read as follows: Sec. 26 -206 Residential One District (R -1). A. Intent and Purpose: This district is established to provide high quality, safe, quiet, and stable low density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. B. Development Standards: One - family dwelling Group home Accessory Buildings (e) Detached garage or carport Private storage shed G E D\53027 \384393.01 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback Setback Setbac0 35' 25% 12.500 sf 100' 30'(`) (b) 15' 15' 35' 25% 12,500 sf 100' 30'(G) (b) 15' 15' 2-GL15' 1,000 sf 12,500 sf 100' 30'(') (b) 5' if < 7' in 5' if < 7' in height; height; 10' 10' if 5 15' if 5 15' in in height height 28 10' « 400 sf 12,500 sf 100' 30' 5 4d) " if < 5 1 ` ) if < 7' 7' in in height; height; 10' if 15 15' 10' if 5 15' in height in height G E D\53027 \384393.01 Maximum Minimum Minimum Maximum Building Lot Lot Height Coverage Area Width Minimum Front Minimum Minimum Yard Side Yard Rear Yard Setback Setback (a) Setback" Churches, schools, government and quasi - government build- ings, golf courses, small day 35' 25% 1 acre 200' 30"' 15' �� (d) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 25% 12,500 sf 100' 30' ( °) 5' )`) 15' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY Fear yaFd WhiGh abuts a PUb'iG street shall hav ?tbarak of thiFty (39) feet feF all 6truGtwFes. (s) (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (d} (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) (d) Fifteen -foot setback for the first story and five (5) feet for each additional story. (f) Row#y hou6es and rp I rnited to a aximum height of twelve (12) feet. ._ .•:_: �... -.. a....... a,. A..-. ., ...,.....+ r7 Col 1- ,.,.4--f.,., (e) Metal accessory buildings over 120 square feet in size are not permitted. Sec. 26 -206 Residential -One A District (R -1A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. B. Development Standards: One - family dwelling Group home Accessory Buildings (f) Detached garage or carport Private storage shed Churches, schools, government and quasi - government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes GED\53027 \384393.01 24 15' 1,000 sf 9,000 sf 28 10' (g) 400 sf 9,000 sf 75' 30' 5' if < 7' in height; 10' if 5 15' in height 30' 5'(a) (c) if < 7' in height; 10' if < 15' in height 5' if < 7' in height; 10' if <15'in height 5' (c) if < 7' in height; 10' if < 15' in height 75' 35' 30% 1 acre 200' 2 30' 15' (f) (d) 20' Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area (°) Width (a) Setback Setback (a) Setback(b) (a) 35' 30% 9.000 sf 75' 30 " (b) 10' !41) 15' 35' 30% 9.000 sf 75' 30' (b) 10' 5' -) 15' 24 15' 1,000 sf 9,000 sf 28 10' (g) 400 sf 9,000 sf 75' 30' 5' if < 7' in height; 10' if 5 15' in height 30' 5'(a) (c) if < 7' in height; 10' if < 15' in height 5' if < 7' in height; 10' if <15'in height 5' (c) if < 7' in height; 10' if < 15' in height 75' 35' 30% 1 acre 200' 2 30' 15' (f) (d) 20' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY Fear yaFd whiGh abuts a PUbl G stFeet shall hay ?tbaGk of th Fty (30) feet foF all 6tFuGtuFe5. (c) (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (d) A total Of fifteeR (15) feet side yaFd setbaGk feF eveFy Rd v dual lot w th a FR n mum ef five (5) feet OR ene (1) l°- (0 (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (#) (d) Fifteen -foot setback for the first story and five (5) feet for each additional story. streets. (See seGt 26 502.4 (}} (e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. (f) Metal accessory buildings over 120 square feet in size are not permitted. Section 2. Wheat Ridge Code of Laws, Section 26 -207 Residential -One B District (R -1 B) is hereby amended to read as follows: Sec. 26 -207 Residential -One B District (R -1 B). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. B. Development Standards: Maximum Height One - family dwelling Group home Accessory Buildings (g) Detached garage or carport Private storage shed 35' 35' 15' 5' if < 7' in height; Minimum 10' if 5 15' 10' if 5 15' Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area (0) Width" 10) Setback Setback (a) Setback(b4 (a) All other uses 35' 30% 9,000 sf 75' 30' 10' S' 15' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY Fear yaFd whiGh abuts a PUbl G stFeet shall hay ?tbaGk of th Fty (30) feet foF all 6tFuGtuFe5. (c) (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (d) A total Of fifteeR (15) feet side yaFd setbaGk feF eveFy Rd v dual lot w th a FR n mum ef five (5) feet OR ene (1) l°- (0 (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (#) (d) Fifteen -foot setback for the first story and five (5) feet for each additional story. streets. (See seGt 26 502.4 (}} (e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. (f) Metal accessory buildings over 120 square feet in size are not permitted. Section 2. Wheat Ridge Code of Laws, Section 26 -207 Residential -One B District (R -1 B) is hereby amended to read as follows: Sec. 26 -207 Residential -One B District (R -1 B). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. B. Development Standards: Maximum Height One - family dwelling Group home Accessory Buildings (g) Detached garage or carport Private storage shed 35' 35' 15' 600 sf 7,500 sf 60' 30' ( b ) 28' 10' ' 488 300 sf 7,500 sf 60' 30' 5' if < 7' in 5' if < 7' in height; Minimum 10' if 5 15' 10' if 5 15' Maximum Minimum Minimum Front Minimum Minimum Building Lot Lot Yard Side Yard Rear Yard Coverage Area Width ('( Setback Setback (a) Setback (a) 40% 7,500 sf 60' 30'(') (b) 5'(4) (c) 10' 40% 7.500 sf 60' 30' (b) 5' (d) (C) 10' 600 sf 7,500 sf 60' 30' ( b ) 28' 10' ' 488 300 sf 7,500 sf 60' 30' 5' if < 7' in 5' if < 7' in height; height; 10' if 5 15' 10' if 5 15' in height in height 5 .(e) (a) if < 5.fe' (d) if < 7' in 7' in height; height; 10'if <_15' 10 if <15' in height in height GED\53027 \384393.01 3 (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARy FeaF yaFd Wh Gh abuts. a PUN G stFeet shall hay ?tbaGk Gf th Fty (39) feet fGF all StFUGtWeS. (�(b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (-Eq (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (e) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (.€) (e) Fifteen -foot setback for the first story and five (5) feet for each additional story. re 1-m-ted- to -a maximum he ght of twelve (12) feet. (g) PGultFy houses and ' - III RA:- :..,..... -, ti.,....a.. F... .. ...........4 !'7S0%\ Inn.4 --inn -- iro<-{_no_c i /C nn4inn ')L: rn) \ (f) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (g) Metal accessory buildings over 120 square feet in size are not permitted. Section 3. Wheat Ridge Code of Laws, Section 26 -208 Residential -One C District (R -1 C) is hereby amended to read as follows: Sec. 26 -208 Residential -One C District (R -1 C). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium - density single - family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium - density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Maximum Height Coverage Area WidtO� t Setback Setback Setback Height Coverage Area Width Setback Setback Setback (a) Churches, schools, government (a) One- family dwelling and quasi - government build- 40% 5,000 sf 50' 30' 5' W 10' 5 Group home ings, golf courses, small day 35' 40% 1 acre 200' 30' 15' 20' care center, and nursing, 600 sf 5,000 sf 50' 3&' -) (b) 5' if < 7' in 4-0' 5' if < elderly and congregate care height; 10' 7' in Detached garage or carport homes if < 15' in height; All other uses 35' 40% 9, 000 sf 60' 30' ( °) 5' (`) 10' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARy FeaF yaFd Wh Gh abuts. a PUN G stFeet shall hay ?tbaGk Gf th Fty (39) feet fGF all StFUGtWeS. (�(b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (-Eq (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (e) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (.€) (e) Fifteen -foot setback for the first story and five (5) feet for each additional story. re 1-m-ted- to -a maximum he ght of twelve (12) feet. (g) PGultFy houses and ' - III RA:- :..,..... -, ti.,....a.. F... .. ...........4 !'7S0%\ Inn.4 --inn -- iro<-{_no_c i /C nn4inn ')L: rn) \ (f) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (g) Metal accessory buildings over 120 square feet in size are not permitted. Section 3. Wheat Ridge Code of Laws, Section 26 -208 Residential -One C District (R -1 C) is hereby amended to read as follows: Sec. 26 -208 Residential -One C District (R -1 C). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium - density single - family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium - density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback Setback Setback (a) One- family dwelling 35' 40% 5,000 sf 50' 30' 5' W 10' 5 Group home 35' 40% 5,000 sf 50' 30'(-) (b) 5'(Q) 10' 5'? Accessory Buildings (e) 20' 15' 600 sf 5,000 sf 50' 3&' -) (b) 5' if < 7' in 4-0' 5' if < height; 10' 7' in Detached garage or carport if < 15' in height; height 10' if 5 15' in height Private storage shed 2-9 10' 400 200 sf 5,000 sf 50' 30' 5' "' (`) if < 5' (`) if < 7' in 7' in height; 10' height; if <_15'in 10'if 15 15' height in height GED\53027 \384393.01 4 (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY Fear yaFd WhiGh abUtr. a PUbliG StFA_64 shall ln;av ?tbaGk of thiFty (39) feet foF all rtFuGtuFes. (s) (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26- 123.3.) (44 (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. �.. a i)coi X 1­4 4 — . +o /coo +i, oa_sn­i i (+) (d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (e) Metal accessory buildings over 120 square feet in size are not permitted. Section 4. Wheat Ridge Code of Laws, Section 26 -209 Residential -Two District (R -2) is hereby amended to read as follows: Sec. 26 -209 Residential -Two District (R -2). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: One - family dwelling Two - family dwelling Group home Accessory Buildings (g) Detached garage or carport Maximum Minimum Minimum Maximum Minimum Lot Lot Height Coverage Maximum Minimum Minimum Front Minimum Minimum 35' Maximum Building Lot Lot Yard Side Yard Rear Yard 20L15' Height Coverage Area Width Setback Setback Setback (a) Churches, schools, government and quasi - government build- ings, golf courses, small day 35' 40% 1 acre 200' 30' 15' 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 5,000 sf 50' 30' (6)(b) 5' (d)( ` ) 10' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY Fear yaFd WhiGh abUtr. a PUbliG StFA_64 shall ln;av ?tbaGk of thiFty (39) feet foF all rtFuGtuFes. (s) (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26- 123.3.) (44 (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. �.. a i)coi X 1­4 4 — . +o /coo +i, oa_sn­i i (+) (d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (e) Metal accessory buildings over 120 square feet in size are not permitted. Section 4. Wheat Ridge Code of Laws, Section 26 -209 Residential -Two District (R -2) is hereby amended to read as follows: Sec. 26 -209 Residential -Two District (R -2). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: One - family dwelling Two - family dwelling Group home Accessory Buildings (g) Detached garage or carport Minimum Maximum Minimum Minimum Maximum Building Lot Lot Height Coverage Area Width" If) 35' 40% 9,000 sf 75' 35' 40% 12,500 sf 100' 35' 40% 9,000 sf 75' 20L15' 1,000 sf 9,000 sf 75' per unit Minimum Front Minimum Yard Side Yard Setback Setback 30'(6) (b) &(d) (c) 304`) (b) &(d) (c) 30463 (b) &(a) M 30' (6) (b) 5' If < 7' in height; 10' if 15 15' in height Minimum Rear Yard Setbac0 (a) 10' 10' 10' 5' if < 7' in height; 10' if 5 15' in height GE D\53027 \384393.015 Churches, schools, government and quasi - government build- ings, golf courses, small day 35' 40% 1 acre 200' 30 "' 15' (e) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 75' 30' (0(bl 5' (d)( ` ) 10' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY rear yaFd wh Gh abUtS a P6119IG stFeet shall have a FniR'FnUFR SetbaGk of th Fty (30) feet fGF all struGtuFes. (� (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (d) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (e) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (4) (e) Fifteen -foot setback for the first story and five (5) feet for each additional story. (g) PGU'tFy hGuses and p a 1 m ted to a maximum height Gf twelve (1 2) f ,I, ..._.— .....,. ti —..a.. a­ 1.,.,,4­­i. gym., ,L �. +e icon + _a (-j) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (g) Metal accessory buildings over 120 square feet in size are not permitted. Section 5. Wheat Ridge Code of Laws, Section 26 -210 Residential -Two A District (R -2A) is hereby amended to read as follows: Sec. 26 -210 Residential -Two A District (R -2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium - density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage' Area Width Setback Setback Setback' Lot Width Yard Setback Side Yard Setback Rear Yard Setback (a) one- family dwelling 35' (a) Private storage shed 24 10' (g) 400 sf 9,000 sf 75' 30' 5' (d) if < 5' (,94(d) if < 40% 9,000 sf 75' 3&' -)(b) 7' in 7' in height; height; 10' if 5 15' 10' if 5 15' in height in height Churches, schools, government and quasi - government build- ings, golf courses, small day 35' 40% 1 acre 200' 30 "' 15' (e) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 75' 30' (0(bl 5' (d)( ` ) 10' (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) ARY rear yaFd wh Gh abUtS a P6119IG stFeet shall have a FniR'FnUFR SetbaGk of th Fty (30) feet fGF all struGtuFes. (� (b) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26-123.3.) (d) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (e) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (4) (e) Fifteen -foot setback for the first story and five (5) feet for each additional story. (g) PGU'tFy hGuses and p a 1 m ted to a maximum height Gf twelve (1 2) f ,I, ..._.— .....,. ti —..a.. a­ 1.,.,,4­­i. gym., ,L �. +e icon + _a (-j) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages (g) Metal accessory buildings over 120 square feet in size are not permitted. Section 5. Wheat Ridge Code of Laws, Section 26 -210 Residential -Two A District (R -2A) is hereby amended to read as follows: Sec. 26 -210 Residential -Two A District (R -2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium - density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Height Building Coverage Lot Area Lot Width Yard Setback Side Yard Setback Rear Yard Setback (a) one- family dwelling 35' 40% 7.500 sf 60' (9) 30' (b) 5 'per story �) 10' Two - family dwelling 35' 40% 9,000 sf 75' 3&' -)(b) 5' per story (a) 10' G E D\53027 \384393.01 6 Detached garage or carport 2-9 15' 600 sf 9,000 sf 75' 30' " )b) 5' if < 7' in 5' if < 7' in (per unit) height; Minimum 10' if < 15' 10' if S 15' Maximum Minimum Minimum Front Minimum Minimum 7' in Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback Setback a, Setback (8) Multifamily (3 /more dwelling 35' 40% 13,050 s& 100' 30' 5' per 10' for units) (`) story )a) one or two story buildings; 15' for three story buildings FJ) Group home 35' 40% 9,000 sf 75' 30' 5' per fa) 10' story Accessory Buildings (i) Detached garage or carport 2-9 15' 600 sf 9,000 sf 75' 30' " )b) 5' if < 7' in 5' if < 7' in (per unit) height; height; 10' if < 15' 10' if S 15' in height in height Private storage shed 28'-10' 400 sf/ 9,000 sf 75' 30' 5' )d) if < 5' (d) if < 4 d.u. 7' in 7' in height; height; 10' if < 15' 10' if s 15' in height in height Churches, schools, government and quasi - government build- ings, golf courses, small day 35' 40% 1 acre 200' 30' 15'� 20' care center, and nursing, elderly and congregate care homes fk) (s) All other uses 35' 40% 9,000 sf 75' 30' 5' 10' (a) Side yard setbaGk shall be fiye (5) — p- - _)(Gept. ARy si yard whiGh abuts a pub StFeet shal (b4 (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (4(b) Front setbacks for one- or two- family dwelling structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de -sac bulb. (See Figure 26- 123.3.) 4y(c) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. ( -c-H d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. 4He) Fifteen -foot setback for the first story and five (5) feet for each additional story. (g) Rewlti:y houses and p . Kjean—.00ps-afe 1 PR ted to a max he ght of twe (11 2) feet. M nimbim teR (10) feet Of 'and6G@RiRg is requ Fed .A;6thin the fFORt and s yaFd 6etbaGks adjaGeRt tG pub G + + is seGt on 26 502 0) ReaF yaFds fai: bu Rg wh Ah expeed tAon (2) StGFe6 Sha -he MrFeased five (5) feet for earh add N (g) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (4) (h) Reserved. (1) Metal accessory buildings over 120 square feet in size are not permitted. NOTE: The requirements of section 26 -120 (9) (C) (2) shall not apply to require compliance with minimum lot area and /or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R -2A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of GED\53027 \384393.01 7 the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Section 6. Wheat Ridge Code of Laws, Section 26 -211 Residential -Three District (R -3) is hereby amended to read as follows: Sec. 26 -211 Residential -Three District (R -3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high- density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (iJ4 Area Width Setback Setback Setback (b) One - family dwelling 35' 40% 7,500 sf 60' (4(f) 30' 5' per 10' story Two - family dwelling 35' 40% 9,000 sf 75 30' 5' per 10' story Multifamily (3 or more dwelling 35' 40% 12,500 sf (d) 100' 30' 15' (a ' 15'_14 units) Group home 35' 40% 9,000 sf 75' 30' 5' per 10' story Accessory Buildings (g) Detached garage or carport 24 15' 600 sf 9,000 sf 75' 30' 5' if < 7' in 5' if < 7' in per unit height; height; 10' if 5 15' 10' if 5 15' In height in height Private storage shed 24)! 10' 400 sf/ 9,000 sf 75' 30' 5 ,(e ' if < 7' 5'' if < 7' 4 d.u. in height; in height; 10' if 5 15' 10' if 5 15' in hei ht in height Churches, schools, government 35' 40% 1 acre 200' 30' h) 15' (a)) 20' and quasi - government build- ings, golf courses, small day care center, and nursing, elderly and congregate care h omes All other uses 35' 40% 7,500 sf 60' (f) 30' 5' per 10' story (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories (aa-) (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any Fe@F yaFd WhiGh abuts a pub! G stFeet shall have a rR n4num setba* of th (30) feet -a4l - _ * FUGtUFe6. (c) Front setbacks for one- or two- family dwelling structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26- 123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. 0 GED\53027 \384393.01 8 (h) MiRimum ten (10) feet of !andsGap!Rg is FequiFed withIR the fFeRt and s de yard setbaGks adjaGeRt tG P61113 G + et (See seG tiOR 26 502 (i) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (g) Metal accessory buildings over 120 square Beet in size are not permitted. NOTE: The requirements of section 26- 120.9. (C) (2) shall not apply to require compliance with minimum lot area and /or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A3 district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Section 7. Wheat Ridge Code of Laws, Section 26 -212 Residential -Three A District (R -3A) is hereby amended to read as follows: Sec. 26 -212 Residential -Three A District (R -3A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium - density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback Setback Setback "' (b) One - family dwelling 35' 40% 7,500 sf 60 -4) (f) 30' 5' per 10' story Two - family dwelling 35' 40% 9,000 sf 75' 30' 5' per 10' stor � Multifamily (3+ dwelling units) 35' 40% 12,500 sf d) 100' 30' 15' 15'49' (a) Group home 35' 40% 9,000 sf 75' 30' 5' per 10' story Accessory Buildings (g) Detached garage or carport 29'-15' 600 sf 9,000 sf 75' 30' 5' if < 7' in 5' if < 7' in per unit height; height; 10' if 515' 10' if 5 15' in height in height Private storage shed 2-9 10' (A 400 sf/ 9,000 sf 75' 30' 5' if < 7' 5' if < 7' 4 d.u. in height; in height; 10' if 15' 10' if !!g 15' in hei ht in height Churches, schools, government 35' 40% 1 acre 200' 30' 15' 20' and quasi - government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60' 30' 15' 10' (a) Side and rear yard setback shall be ten 04) 15 feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) ARY 6 de yaFd Wh Gh abuts a PUbliG stFeet shall have a miwnum setbaGk of thiFty (30) feet feF all stFwGtuFes. GED\53027 \384393.01 9 (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two- family dwelling structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de -sac bulb. (See Figure 26- 123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (g) Min mum thiFty peirGeRt (309A) landEiGap R9 FequiFed GR site. (See seE;t*oR 26 592-4 st (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (g) Metal accessory buildings over 120 square feet in size are not permitted. NOTE: The requirements of section 26 -120 (94 (C) (2) shall not apply to require compliance with minimum lot area and /or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-23A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Section 8. Wheat Ridge Code of Laws, Section 26 -611 "Building Setbacks" is amended by the addition of a new subsection; the entire section, as amended, to read as follows: Sec. 26 -611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In Residential Zone Districts Only, encroachments into required setback areas shall not be permitted except as follows, provided, however, that no encroachment into a side or rear yard is allowed in the NC, RC, C -1, C -2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one -third the distance to the closest property line. 2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys. Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4. Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. B. If fifty percent (50 %) or more of the main buildings within a built -up area in any district have more or less than the required front yard, each new main building shall have a front G E D1530271384393.01 10 yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built -up" if fifty percent (50 %) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. Section 9. Wheat Ridge Code of Laws, Section 26 -123 "Definitions" is amended, to read as follows: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. An accessory building must be clearly subordinate to a main use located on the same lot. Additionally, an accessory structure shall not be located on a vacant lot devoid of a main building. Building, main. The building housing the principal (primary and most important) use(s) permitted for the lot upon which it is located, and provided that to be classified as one (1) main building the total structure shall have a continuous roof and must share a common wall of at least five (5) feet in length. Section 10. Wheat Ridge Code of Laws, Section 26 -204 "Zone District Use Schedule" is amended, to read as follows: Accessory Uses For Residential Uses Notes Bee Keeping See § 26 -603 and 607 Ancillary uses operating within a e.g.: Day care centers, scout meetings church's primary structure Home occupations See § 26 -613 Accessory buildings See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot devoid of any primary or main building. Household Pets, limited to no more Plus their unweaned offspring than 3 dogs and 4 cats Private swimming pools, tennis courts, See § 26 -603 and other recreational facilities Public and private communications i For satellite earth receiving stations, see § 26 -616 G E D\53027 \384393.01 11 towers, television or radio antennae and § 26-617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and/or boarding of not more On a contract basis for not less than 7 days than 2 persons Water Towers and above ground Not in excess of 35 feet reservoirs Section 11. 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 12. 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 13. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2003, 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 , 2003, 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 reading by a vote of to , this day of , 2003. SIGNED by the Mayor on this day of ' 2003, Gretchen Cerveny, Mayor ATTEST: GED\53027 \384393.01 12 Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney GED\53027 \384393.01 13