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HomeMy WebLinkAboutZOA-96-11 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on September 18, 1996 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Gases°N`o. ZOA-96-1I:° A proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS. Case No. SUP-96-2: An application by Bruhns Auction Gallery for approval of a Special Use Permit to allow quarterly outside auctions in a C-1 zone district. Said property is located at 7685 West 44th Avenue and is legally described as follows: A 1.39 ACRE PARCEL OF LAND LOCATED SE1/4 NW 1/4 SECTION 23, T3S, R69W OF 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 23 THENCE NORTHERLY N00°10'12"W ALONG THE NORTH- SOUTH CENTER LINE OF SAID SECTION 23 30.00 FEET; THENCE WESTERLY S89°41'37"W ALONG THE NORTHERLY R.O.W. OF WEST 44TH AVENUE 140.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG S89°41'37"W THE NORTHERLY R.O.W. LINE OF WEST 44TH AVENUE 200.00 FEET TO THE WESTERLY PROPERTY LINE OF SAID PARCEL; THENCE N00°10'12"W PARALLEL TO THE NORTH-SOUTH CENTER LINE OF SAID SECTION 250.00 FEET; THENCE EASTERLY N89°41'37"E ALONG THE NORTHERLY PROPERTY LINE OF SAID PARCEL AND PARALLEL TO THE EAST-WEST CENTER LINE OF SAID SECTION 23 285.00 FEET TO A POINT ON THE WESTERLY R.O.W. OF WADSWORTH BLVD.; THENCE SOUTHERLY S00°10'12"W ALONG SAID R.O.W. LINE 130.00 FEET; THENCE WESTERLY 90.00 FEET; THENCE SOUTHERLY 120.00 FEET TO THE TRUE POINT OF BEGINNING ~SA~ PARCEL CONTAINING 1.388 ACRES. Sandra Wiggins, retary ATTEST: Wanda Sang, City Clerk To be Published: August 30, 1996 Wheat Ridge Transcript b:\d91896.phn Memorandum To: Planning Commission From: Sean McCartney, Planner Date: September 18, 1996 Subject: Case No. ZOA-96-11 /Large Trash Dumpsters This case was initiated by a City Council motion, asking staff to amend the language set forth in the Trash Dumpster ordinance of the Wheat Ridge Code of Laws (section 26-30(R)). Currently, the dumpster ordinance states that large trash dumpsters are allowed in the Commercial, Industrial and multi-family Residential zone districts. As proven in past Board of Adjustment cases we have seen a desire of residents, who own large animals (i.e. horses) and live in Agricultural zone districts, to acquire the use of a large, two-cubic trash dumpster. The owners of the animals believe this is a more sanitary way to clean their yard and dispose of the waste. To allow for the use of large trash dumpsters in the Agricultural Zone district, staff has proposed amended language to the existing Trash Dumpster ordinance and has attached a copy of the amendment. Approval of this amendment would allow for individual residents, who have large animals in the Agricultural zone districts, to utilize two-cubic trash dumpsters for the disposal of fecal matter and other refuse that relates to the keeping of large animals. Suggested motion: "I move that Case No. ZOA-96-11, an amendment to Section 26-30 (R) regarding Trash Dumpsters, be forwarded to City Council with Planning Commission's recommendation for approval". Memorandum To: City Council From: Sean McCareney, Planner Re: Council Bill 48 /Large Trash Dumpster Date: November 15, 1996 As you already may know, this case was initiated by a City Council motion, asking staff to amend the language set forth in the Trash Dumpster ordinance of the Wheat Ridge Code of Laws (section 26-30 (R)). Currently, the dumpster ordinance states that large trash dumpsters are allowed in the Commercial, Industrial and multi-family Residential zone districts. Past Board of Adjustment cases have seen a desire of residents, who own large animals (i.e. horses) an live in Agricultural zone districts, to acquire the use of a large dumpsters The owners of large animals believe this is more sanitary way to clean their yard and dispose of the waste. To allow for the use of large trash dumpsters in the Agricultural zone district, staff has proposed amended language to the existing Trash Dumpster ordinance and has attached a copy of the amendment. Approval of this amendment would allow for individual residents, who have large animals in the Agricultural zone districts, to utilize large trash dumpsters for the disposal of fecal matter and other refuse that relates to the keeping of large animals, or for any other trash needs. Planning Commission heard this case on September 18, and recommended DENIAL of he amendment. They believed that requests for a large trash dumpster in the Agriculturally zoned district should continue to be handled by the Board of Adjustment, and considered on a site by site basis. The Board of Adjustment handles about 2-3 large trash dumpster requests a year. If Council believes that large dumpsters should be permitted in Agricultural zones as a matter of right, rather than a variance by the Board of Adjustment, then legislation should be approved allowing for such an amendment. . Planning Commission Minutes pa~e_1 September 18, 1996 Commissioner THOMPSON suggested *_he motion(s) be clarified. That was done. Motion carried 8-0. Commissioner ECKIi'-LT2DT moved that references made requiring 1500 square feet per bed be deleted. Commissioner THOMPSON seconded the motion. Discussion followed. Motion carried 8-0. Commissioner CBRVENY discussed the Dossibilitv of large group homes changing the character of a neighborhood. He elaborated. Commissioner CERVENY moved that a family of ten or more be required to have 300 square foot liveable space per person. Discussion followed. Mr. Dahl spoke of the Fair Housing Act and how it deals with • "protected classes" of people. He suggested that if Commission does recommend a minimal square footage of liveable space, a separate ordinanc=_ be-prepared. Commissioner CERVENY stated that his previous motion b=_ made into a separate ordinance. Ther=_ was no second for Commissioner CERVENY's motion and it therefore died for lack of a second. There was further discussion. 1. Case No. WZ-96-10: An application by Dwaine R. Richter for approval of a Planned Commercial Development combined final development plan with sign variances and subdivision plat. Said property is located at 12851 West 32nd Avenue. Commissioner ECKHARDT moved that Case No. WZ-95-10, at staff's recommendation, be continued to October 3, 1996. Commissioner CERVENY seconded the motion. -Motion carried 8-0. 4. Case No. ZOA-96-11: A_proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DIIMPSTERS. i4eredith Reckert presented the staff report. • Planning Commission Minutes September 16, 1995 Page 5 Commissioner THOMPSON noted that the proposed ordinance did not specify the' he large trash dumpst=_rs mus't b=_ from neighboring properties. She added that would be important. Co ~s,;ksq~er THOMPSON thought that these dumpsters should be re'~ne~d°;°as other trash dumpsters are. She elaborated. Ms. Reckert answered that a provision currently exists for screening dumpsters, however, nothing current regulates the placement distance from neighboring properties. _ Discussion followed. Commissioner ECKSiARDT asked the number of Board of Adjustment cases regarding this problem had been heard the past year. Ms. Reckert answered two or three. Commissioner ECKH_1RDT stated his inclination would be to leave things as they are. That way, he added, cases could be consider=_d individually_ He.elaborated_ Commissioner :~ILLIAbt$ asked about a two-cubic-yard trash dumpster. h?s.4eck=_rt answered that a commercial property normally has a three-cubic-yard dumpster. The two-cubic yard size is .smaller. Commissioner ~SCKHA.;moued_that Case No. ZOA-9'-11, a propose amendment to the whgat Ridge Code o_f Laws, Zoning Cod=_, Section 25-3-0 (R) pertaining to LA.1ZGE TRASH DUMPSTERS ffieen.e~i. He -added that requests for-large trash _dumpsters in Agriculturally zon=_d districts be handled by the Board of Adjustment, where they can '+~~~~ be considered on a case-by-case basis. Commissioner JOHNSON seconded the motion. *o"~i`~:c~"f°'~''e~`~8'8 ~~=u - 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10._ NEW BUSINESS _ _ 11. DISCUSSION AND DECISION ITEMS __. 12. COMMITTEE AND DEPARTMENT REPORTS -AGENDA ITEM RECAP AGENDA ITEM Meeting Date QUA9I_-JUDICIAL __ x Yes No _ PUBLIC HEARINGS CITY AL7M. MATTERS ELEG OFFICIALS MATTERS _ PROC./CEREMONIES CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING _ BIDS/MOTIONS - LIQUOR HEARINGS - ORDINANCES FOR-2ND READING INFORMATION ONLY - PUBLIC COPM'IENT RESOLUTIONS AGENDA STEM TITLE: Council Bill No. a proposal to amend the Zoning Ordinance, Section 26-30(R) regarding Large Trash Dumpsters. SUMMARY/RECOMMENDATION: Planning Commission held a public hearing on September 18, 1996 recommending amendment to the language_set forth in the Trash Dumpster ordinance. Staff recommends approval on first reading. ATTACHMENTS 1) Memo 2) Council Bill No. __ 3) PC Minutes 9/18/96 BUDGETED ITEM Yes No Fund Dept/Acct # __ Budgeted Amount S Requested Expend.5 Requires Transfer/ Supp. Appropriation Yes No --- ' _ SUGGESTED MOTION: I move that Council Bill _ be approved on first reading, ordered published, public hearing be set for Monday, November 11, 1596, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. w Memorandum To: Planning Commission From: Sean McCartney, Planner Date: September 18, 1996 Subject: Case No. ZOA-96-11 /Large Trash Dumpsters This case was initiated by a City Council motion, asking staff to amend the language set forth in the Trash Dumpster ordinance of the Wheat Ridge Code of Laws (section 26-30(R)). Currently, the dumpster ordinance states that large trash dumpsters are allowed in the Commercial, Industrial and multi-family Residential zone districts. As proven in past Board of Adjustment cases we have seen a desire of residents, who own large animals (i.e. horses) and live in Agricultural zone districts, to acquire the use of a large, two-cubic trash dumpster. The owners of the animals believe this is a more sanitary way to clean their yard and dispose of the waste. To allow for the use of large trash dumpsters in the Agricultural Zone district, staff has proposed amended language to the existing Trash Dumpster ordinance and has attached a copy of the amendment. Approval of this amendment would allow for individual residents, who have large animals in the Agricultural zone districts, to utilize two-cubic trash dumpsters for the disposal of fecal matter and other refuse that relates to the keeping of large animals. Suggested motion: "I move that Case No. ZOA-96-11, an amendment to Section 26-30 (R) regarding Trash Dumpsters, be forwarded to City Council with Planning Commission's recommendation for approval". MINIITES OF MEETING September 18, 1996 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:30 p.m., on September 18, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt Harry Williams Carolyn Griffith Jay Rasplicka Carl A. Cerveny George Langdon Janice Thompson Warren Johnson STAFF PRESENT: SandratWigginsrtSecretary PIIBLIC HEARING The following is the official copy of Planning Commissofnthesetes for the Public Hearing of September 18, 1996. A copy minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. r.4, .R r Planning Commission Minutes Page 3 September 18, 1996 - Mr. Dahl pointed out the changes Council made to the proposed amendment. Commissioner JOHNSON moved that Case No. ZOA-96-9, an amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(P), pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children, be forwarded to City Council with a recommendation for approval as written. Commissioner CERVENY offered a friendly amendment to Commissioner JOHNSON's motion as follows: 1. Any mention of 2,000 feet separation between group homes should be changed to 750 feet; and 2. Require that any group home be registered with the City Planning and Development Department. Commissioner JQHNSON stated it was his understanding that those two suggested changes were going to be made. Mr. Dahl stated the two proposed changes were not in the existing draft. Commissioner ECKI-L~RDT mentioned the requirement for 1500 square feet per bed. He added he would propose that requirem=_nt be eliminated, unless it was a state requirement. Mr. Dahl explained that effectively it does get eliminated because families are not subject to that restriction. Commissioner ECKHARDT stated he would still eliminate it. Ms. Reckert asked if it should be retained for the elderly and children? Mr. Dahl stated that was why it was still there. He elaborated. Ms. Reckert suggested it be retained for administrative purposes in order to provide a "standard". Commissioner ECKHARDT stated he felt that would be discriminatory. He elaborated. Discussion followed. Commissioner CERVENY seconded Commissioner JOHNSON's motion. Commissioner ECKHARDT seconded Commissioner CERVENY's friendly amendment. Planning Commissior_ Minutes September 18, 1996 Page 5 Commissioner THOMPSON noted that the proposed ordinance did not specify the distance the large trash dumpsters must be from neighboring properties. She added that would be important. Commissioner THOMPSON thought that these dumpsters should be screer_ed, as other trash dumpsters are. She elaborated. Ms. Reckert answered that a provision currently exists for screening dumpsters, however, nothing current regulates the placement distance from neighboring properties. Discussion followed. Commissioner ECKHA.RDT asked the number of Board of Adjustment cases regarding this problem had been heard the past year. Ms. Reckert answered two or three Commissioner ECKH.ARDT stated his inclination would be to leave things as they are. That way, he added, cases could be considered individually. He elaborated.. Commissioner WILLIAMS asked about a two-cubic-yard trash dumpster. Ms.Reckert answered that a commercial property normally has a three-cubic-yard dumpster. The two-cubic-yard size is smaller. Commissioner ECKH.~RDT moved that Case No. ZOA-96-11, a proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30 (R) pertaining to LA.t2GE TRASH DUMPSTERS be denied. He added that requests for large trash dumpsters in Agriculturally zoned districts be handled by the Board of Adjustment, where they can be considered on a case-by-case basis. Commissioner JOHNSON seconded the motion. Motion carried 8-0_ 8. CLOSE THE PIIBLIC HEARING 9. OLD BIISINESS 10. NEW BIISINESS 11. DISCIISSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS MINIITES OF MEETING September 18, 1996 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:30 p.m., on September 18, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt Harry Williams Carolyn Griffith Jay RaSplicka Carl A. Cerveny George Langdon Janice Thompson Warren Johnson STAFF PRESENT: Meredith Reckert, Planner Sandra Wiggins, Secretary PIIBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of September 18, 1996. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. ~~~~ Planning Commission Minutes Page 2 September 18, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner JOHNSON moved to approve the agenda as printed. Commissioner RASPLICKA seconded the motion. Motion carried 7-0. 5. APPROVAL OF MINIITES Commissioner WILLIAMS moved to approve the minutes for the meeting of September 5, 1996. Commissioner CERVENY moved that item 3. (Case No. ZOA-96-9) under Public Hearing be heard first. (Gerald Dahl, the City Attorney, was present that evening specifically to provide information and answer questions for that case.) Commissioner WILLIAMS seconded Commissioner CERVENY's motion. Motion carried 8-0. Commissioner ECKHARDT entered the meeting at that time. Commissioner RASPLICKA seconded Commissioner WILLIAMS' motion to approve the minutes. Motion carried 6-0 with Commissioners ECKHARDT and JOHNSON abstaining. 6. PD'BLIC FORIIM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one had signed the roster, nor did anyone come forward at that time. 7. PIIBLIC HEARING 3. Case No. ZOA-96-9• An amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(P) pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children. This case was continued from 09-OS-96. Mr. Dahl gave an overview of the proposed amendment, explaining the current ordinance, proposed changes, and why the changes needed to be made. Mr. Dahl offered to answer any questions Commission might have. Discussion followed regarding possible standards/regulations for square footage per person and number of bathrooms required per number of persons. Discussion was heard regarding different disabilities included in the term "Developmentally Disabled". State standards were discussed and Commission talked about the possibility of including state requirements in Wheat Ridge Code. Page 3 Planning Commission Minutes September 18, 1996 Mr. Dahl pointed out the changes Council made to the proposed amendment. Commissioner JOHNSON moved that Case No. ZOA-96-9, an amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(P), pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children, be forwarded to City Council with a recommendation for approval as written. Commissioner CERVENY offered a friendly amendment to Commissioner JOHNSON'S motion as follows: 1. Any mention of 2,000 feet separation between group homes should be changed to 750 feet; and 2. Require that any group home be registered with the City Planning and Development Department. Commissioner JOHNSON stated it was his understanding that those two suggested changes were going to be made. Mr. Dahl stated the two proposed changes were not in the existing draft. Commissioner ECKHARDT mentioned the requirement for 1500 square feet per bed. He added he would propose that requirement be eliminated, unless it was a state requirement. Mr. Dahl explained that effectively it does get eliminated because families are not subject to that restriction.- Commissioner ECKHARDT stated he would still eliminate it. Ms. Reckert asked if it should be retained for the elderly and children? Mr. Dahl stated that was why it was still there.- He elaborated. Ms. Reckert suggested it be retained for administrative purposes in order to provide a "standard". Commissioner ECKHARDT stated he felt that would be discriminatory. He elaborated. Discussion followed. Commissioner CERVENY seconded Commissioner JOFiNSON's motion. Commissioner ECKHARDT seconded Commissioner CERVENY's friendly amendment. Planning Commission Minutes September 18, 1996 Commissioner THOMPSON suggested the motion(s) be clarified. was done. Motion carried 8-0. Page 4 That Commissioner ECKHARDT moved that references made requiring 1500 square feet per bed be deleted. Commissioner THOMPSON seconded the motion. Discussion followed. Motion carried 8-0. Commissioner CERVENY discussed the possibility of large group homes changing the character of a neighborhood. He elaborated. Commissioner CERVENY moved that a family of ten or more be required to have 300 square foot liveable space per person. Discussion followed. Mr. Dahl spoke of the Fair Housing Act and how it deals with "protected classes" of people. He suggested that if Commission does recommend a minimal square footage of liveable space, a separate ordinance be prepared. Commissioner CERVENY stated that his previous motion be made into a separate ordinance. There was no second for Commissioner CERVENY's motion and it therefore died for lack of a second. There was further discussion. 1. Case No. WZ-96-10• An application by Dwaine R. Richter for approval of a Planned Commercial Development combined final development plan with sign variances and subdivision plat. Said property is located at 12851 West 32nd Avenue. Commissioner ECKHARDT moved that Case No. WZ-96-10, at staff's recommendation, be continued to October 3, 1996. Commissioner CERVENY seconded the motion. Motion carried S-0. 4. Case No. ZOA-96-11• A proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS. Meredith Reckert presented the staff report. Planning Commission Minutes September 18, 1996 Page 5 Commissioner THOMPSON noted that the proposed ordinance did not specify-the distance the large trash dumpsters must be from neighboring properties. She added that would be important. Commissioner THOMPSON thought that these dumpsters should be screened, as other trash dumpsters are. She elaborated. Ms. Reckert answered that a provision currently exists for screening dumpsters, however, nothing current regulates the placement distance from neighboring properties. Discussion followed. Commissioner ECKHARDT asked the number of Board of Adjustment cases regarding this problem had been heard the past year. Ms. Reckert answered two or three.. Commissioner ECKHARDT stated his inclination would be to leave things as they are. That way, he added, cases could be considered individually. He elaborated. Commissioner WILLIAMS asked about a two-cubic-yard trash dumpster. Ms.Reckert answered that a commercial property normally has a three-cubic-yard dumpster. The two-cubic-yard size is smaller. Commissioner ECKHARDT moved that Case No. ZOA-96-11, a proposed amendment to the wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS be denied. He added that requests for large trash dumpsters in Agriculturally zoned districts be handled by the Board of Adjustment, where they can be--considered on a case-by-case basis. Commissioner JOHNSON seconded the motion. Motion carried 8-0. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS Planning Commission Minutes September 18, 1996 13. ADJOIIRNMENT Page 6 There being no further business, by consensus, meeting adjourned at 9:15 p.m. Sandra Wiggins, Secretary CERTIFICATION OF RESOLUTION - CITY OF.WHEAT RIDGE PLANNING COMMISSION CASE NO: ZOA-96-11 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge OWNERS} NAME: Same. REQUEST: Amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS APPROXIMATE AREA: Entire City WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts_ NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner ECKHARDT, -seconded by Commissioner JOHNSON, that Case No. ZOA-96-11, an amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS be denied. VOTE: YES: Eckhardt, Williams, Griffith, Rasplicka, Cerveny, Langdon, Thompson and Johnson N0: None. I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 8 - o vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 18th day of September, 1996. George J. Langdon, Chairperson Sandra Wiggins, Secretary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION B:\zoa9611.res PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-11 DATE: September 18, 1996 REQUEST: A proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-30(R) pertaining to LARGE TRASH DUMPSTERS. G~wt~ tae. e~,~~ 1 b~-e- U^- Zoo DUMPSTER ENCLOSURES ~. ~ ~:~~- The intent and purpose of the trash storage azea screening or dumpster enclosure is to ensure that large (1 cubic yazd or greater) containers aze maintained in a safe location, a clean and attractive manner and to help prevent illegal or abusive use of these containers. Dumpster enclosures are subject to the following regulations: 1. Dumpsters or trash storage containers 1 cubic yazd or larger are not permitted on one or two-family dwelling properties except for temporary construction purposes. 2. A buildin~ermit is required to build such a structure. All permits will be reviewed on a i ~ ~'p fight y si~ basis. A site plan must be included when the permit is submitted. c~~. see.: dia~am A for an example of a site plan) 3. Trash storage screening for multiunit dwellings, institutional buildings, and all business and industrial buildings or uses R1~,H-h, -a---~;; • - if located outside, shall be located or screened so as not to be visible from adjacent public streets or from adjacent low-density dwellings within one-hundred (100) feet of the trash storage area 4. sueii~creening shall be by a decorative wall oi' fence not to exceed six (6) feet in height. d. The enclosuresh~i'f be constructed such that the enclosure will be protected from damage by normal removal and replacement of the dumpster by a trash truck and other vehicles by incorporation of protective pipe bollards or concrete curbs inside and outside of the enclosure. (see diagram B for an example of a pipe bollard) ~ ~ ~~~ 6. In no instance shall a trash enclosure be permitted to encroach int t's~ght~ d~sta ce for driveways or street corners. 7. No such enclosure shalll displace required parking spaces or fire lanes. 8. The enclosure shall be ,hoyc~a~ted within the public right-of_way._ a , OZJ~~ t'-. C~'~'~ti>~ti.~z,~ ,~~ v~~ ~n-k.~`-~~/f~~c%>.rU/~~ If you need any further information, please call the Code Enforcement ivision at 235-2851. of 1996 INTRODUCED BY COUNCI Council Bill Ordinance Series LMEMBER No . 0 6 ~~ ~ No. ~ TITLE: AN ORDINANCE_REPEALING ARTICLE I 26-30(R) AND RE-ENACTING ARTICLE SECTION 26-30(R), OF THE CODE OF WHEAT RIDGE, COLORADO, CONCERNING STORAGE SCREENING. OF CHAPTER 26, SECTION I OF CHAPTER 26, LAWS OF THE CITY OF PROVISIONS FOR TRASH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Sege t~ _Chapter 26 of the Code of Laws of the City of Wheat Ridge is hereby amended by repealing Article I, Section 26-30(R) inclusive, and re-enact as follows: (R) Trash Storage Area Screening: Trash storage for all existing and new multi-unit dwellings, institutional buildings, and all business and industrial buildings or uses shall be accommodated_within the_ structure, or if located outside, shall be located or screened so as not to be visible from adjacent public streets or from adjacent low-density, residential dwellings within one hundred (100} feet of the trash storage area. If screened by a fence of well, a fence-permit shall be required and such screening. shall be by a decorative wall or fence six (6) feet in height. The enclosure or screen wall or fence should be constructed so as to protect from damage by normal removal and replacement of the_dumpster by a trash truck. Maintenance will be required if enclosure is damaged andJor dilapidated, or in need of repair, and the area around the closure shall be kept clean. In no instance shall trash enclosures be permitted to encroach into sight distance triangles for driveways or street corners. No such enclosure shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Planning and Development as an administrative variance after considering all reasonable alternatives. An administrative variance shall follow the procedures set forth in Section 26= 6(D)(2)(a) minor variances, except shall not be limited to the ten (10) percent provisions thereof. l f 1 Ordinance No. Series of 1996 Page.-2 One- and two-family dwellings and accessory uses, except for temporary construction purposes, shall not be permitted to maintain large trash dumpsters one (1) cubic-yard or larger, as such dumpsters are of a size and type normally associated with commercial uses. Section 2 Severahilit~ If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other. persons or circumstances. _ __ Section 3 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 4. This ordinance shall take effect days aft_e_r final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of _____,__ 1996, 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 1996, at 7:DO o°clock p.m.., in, the - Council Chambers, 950D West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PIISLISHED on second and final reading by a vote of to_ this day of 1996. -- SIGNED by the Mayor on this day of 1996 DAN WILDE, MAYOR Ordinance Nb. Series of 1996 Wanda Sang, City Clerk Page 3. APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: c:\wp60\ord\trashsto:ord s INTRODUCED BY COiTNCILMEMBER ~- Council Bill No. 1056 Ordinance No. _ Series of 1996 TITLE: AN ORDINANCE REPEALING ARTICLE I OF CHAPTER 26, SECTION 26-30 (R) AND RE-ENACTING ARTICLE I OF CHAPTER 26, SECTION 26-30(R), OF THE CODE 'OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, CONCERNING PROVISIONS FOR TRASH STORAGE SCREENING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: ~~~*ion 1. Chapter 26 of the Code of Laws of the City of Wheat Ridge is hereby amended by repealing Article I, Section 26-30 (R) inclusive, and re-enact as follows: (R) Trash Storage Area Screening: Trash storage for all existing and new multi-unit dwellings, institutional buildings, and all business and industrial buildings or uses shall be accommodated within the structure, or if located outside, shall be located or screened so as not to be visible from adjacent public streets or from adjacent low-density residential dwellings within one hundred (100) feet of the trash storage area. If screened by a fence of well, a fence. permit shall be required and such screening shall be by a decorative wall or fence six (6) feet_in height. The enclosure or screen wall or fence should be constructed so as to protect from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if enclosure is damaged and/or dilapidated, or in need of repair, and the area around the closure shall be kept clean. _ - In no instance shall trash enclosures be permitted to encroach into sight distance triangles for driveways or street corners. No such enclosure shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Planning and Development as an administrative variance after considering all reasonable alternatives. An administrative variance shall follow"the procedures set forth in Section 26- 6(D)(2)(a) minor variances, except shall not be limited to the ten (10) percent provisions thereof. Ordinance No. Page 2 Series of 1996 One- and two-family dwellings_and accessory uses, except for temporary construction purposes, shall not be permitted to maintain large trash_dumpsters_one (1) cubic yard or larger, as such dumpsters are of a size and type normally associated with commercial uses. ~ ction 2 Severability If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to_any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other, persons or circumstances. ~P~+-~on 3 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 4. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND to on this day in full in a newspaper Wheat Ridge .and Public set for Council Chambers, 7500 ADOPTED on first reading by a vote of of 1996, ordered published of general circulation in the City of Hearing and consideration on final passage 1996, at 7:00 o'clock p.m..; in the West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _ this day of 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR M Ordinance No. Series of 1996 Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: __, Page 3 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY c:\wp60\ord\trashsto.ord