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HomeMy WebLinkAboutZOA-96-2 Planning Commission Minutes December 21, 1995. Motion carried 5-1, with Chairperson LANGDON voting no. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS Page 9 1. Mr. Gidley passed out copies of the State Law regarding. annexation, Three-Mile Plan. 2. Mr. Gidley passed out copies of a draft resolution _.. requesting City Council participate with Planning __ Commission in-a joint study session in order to d~.scuss updating the Population Housing Report. By consensus, it was decided this item be further discussed at-_ .- the-end of January, 1996. - 3. The Joint Resolution with Board of Adjustment regarding -. -- Alternate Members was adopted by Board of Adjustment and will be forwarded to City Council for their Review., 4. Commissioner RASPLICKA asked Mr. Gidley if City Council had instructed him not to proceed with updating the Comprehensive Plan. Mr. Gidley stated that Council had not directed him not to do anything, rather those-items referred to Council previously have not been acted upon... Those items include the Planned Development. - -- Regulations, Nonconforming Use Regulations, The Population and Housing Section, etc. Council will be reminded of those items,- informed of the status, and specific recommendations will be made = regarding scheduling. Discussion was heard regarding Wadsworth Corridor status. 10. NEW BUSINESS 1. Commissioner OWENS asked why persons testifying at Planning Commission are sworn in, however those testifying at City Council meetings are not. 2. Commissioner OWENS asked if applicants could refrain - from bringing information to Commission that is not pertinent to the request being deliberated._ - Discussion followed. Mr. Gidley suggested a study session be scheduled regarding the,. definition-of "story". Planning Commission Minutes Page 10 December 21, 1995... Discussion followed. Consensus was that a study session be scheduled for the second Thursday in February, February 8,_1996. . Other topics that could be discussed were pot-bellied pigs and group homes. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTM73NT REPORTS 13. ADJOIIRNMENT There being no further business, meeting adjourned at 9:47 p.m. by consensus. ' Sandra Wiggins, retary MEMORANDUM To: Planning Commission From: Glen Gidley, Director of Planning & Development Re: Definition of the term "STORY" Date: February 29, 1996 OF WHEAT ~ Pi _ O U m c~L OR ADO The Planning Commission has requested a discussion of the term "STORY" as it is used in various zone districts to determine minimum setback requirements. The term "STORY" is defined in the Zoning Code, Section 5. Definitions, as: "That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (ti) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1." The term "STORY" is used in all of the zone districts to determine side yard setbacks and is also used in Commercial zones to determine rear yard setbacks. The old definition of story (pre 1988) was: "STORY: A story shall constitute a height of ten. (10) feet." If it is decided that we need to go back to this type of definition, I would suggest using 12 feet as most commercial floor to deck line (flat roofs) is 12 feet. GEGSIw 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 May 16, 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 petition shall be heard: - 1. Case No. ZOA-96-2: Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-5. Definitions, regarding the definition of the term "STORY" relating to building setback requirements. 2. Case No. ZOA-96-3: Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-33. Excavation and Deposit Control. c San ra Wiggins, S etary ATTEST: Wanda Sang, City Clerk ~~ To be Published: April 19, 1996 Wheat Ridge Transcript b:\51696.phn MEMORANDUM °F w"E.yr ~ PQ ~ m To: Planning Commission From: Glen Gidley, Director of Planning & Development Re: Case No. ZOA-96-2: Amendment to Zoning Ordinance, Sec. 5. cOt0Rp0° Definitions Regarding the Term "STORY" Date: May 9, 1996 At your March 7, 1996 meeting, Planning commission discussed the possibility of revising the term "Story" as it is used to determine setbacks in the various zone districts. Based upon that discussion, I would propose that the term STORY be revised by the addition of the following phrase: "NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY." SUGGESTED MOTION: I move that Case No. ZOA-96-2, a proposal to amend the Zoning Ordinance, Sec. 5. Definitions regarding the term STORY, be forwarded to City Council with a recommendation for approval, as per staff memo dated May 9, 1996 regarding this case. GEGaIw PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-2 DATE: May 16, 1996 REQUEST: Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-5. Definitions, regarding the definition of the term "STORY" relating to building setback requirements. .J~ 4 MEMORANDUM To: Planning Commission _ From: Glen Gidley, Director of Planning & Development Re: Case No. ZOA-96-2 Date: August 1, 1996 of w"Eq r ~o U m ~~L OR PLO Case No. ZOA-96-2 relates to the definition of "story" in the City's Zoning Code. The term "STORY" is defined in the Zoning Code, Section 5. Definitions, as: "That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1." The term "STORY" is used in all of the zone districts to determine side yard setbacks and is also used in Commercial zones to determine rear yard setbacks. Staff is suggesting a provision be made to clarify what constitutes a "story" for establishing setbacks. As most commercial buildings have 12 feet between floor and deck line (flat roof), staff recommends 12 feet be used and this be incorporated into our current definition. Staff recommends Case No. ZOA-96-2 be set for public hearing on September 9, 1996. SUGGESTED MOTION: I move that Council Bill _ _ be approved on first reading, ordered published, public hearing be set for Monday, September 9, 199b, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. GEGsIw ., INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1996 - TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article-1, Section 26-5 Definitions is hereby amended as follows: Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space sha).1 be considered as a story. (See Figure-26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOIIS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY. Section 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 season 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. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede .r a Ordinance. No. Series of 1996 and prevail. - Section 5. This ordinance shall take effect final publication. Page 2 days after 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 7:30 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 , 1996. SIGNED by the Mayor on this day of Wanda Sang, City Clerk 1996. DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GERALD DAHL, CITY ATTORNEY c:\wp60\ord\defstory.ord CITY COUNCIL MINUTES: SEPTEMBER 23, 1996 Page -3- Item 4. Council Bill 43 - An Ordinance amending Section 26.33 of the Code of Laws of the City of Wheat Ridge, related to excavation and deposit control. Council Bill 43 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Bob Goebel was sworn in by the Mayor and answered questions. Motion by Mr. Solano for approval of Council Bill 43 as amended to include a revision to the last sentence of subsection (B) {4) (a} 4 to read, "In addition, the City Engineer may require a ground cover plant material or other rneans of controlling water and wind eros;on and weed growth' ;seconded by Mr. Eafanti; failed 2-5 with Councilmembers Solano and Eafanti voting yes. Motion by Mrs. Dalbec to suspend the Rules and hear Item 7 next because there are people present to speak; seconded by Mr. Eafanti; failed 5-2 with Mr. Solano and Mr. DiTullio voting no. (This needed a 6 vote majority to pass). Item 5_. Council Bill 38 - An Ordinance amending the Code of Laws, Zoning Code, relating to the definition of Story. ` " Council Bill 38 was introduced by Mr. Solano; title read by the Clerk; Ordinance No. 1046 assigned. Mr. Gidley presented the staff report. Motion by Mr. Solano for approval of Council Bill 38 (Ordinance 1046) with the Addition that building height shall be measured from the tallest point of the building to average grade; seconded by Mr. DiTullio; carried 6-1 with Mrs. Dalbec voting no. Item 6. Council Bill 44 - An Ordinance adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of mortuaries and crematories within a specified area of the City, and declaring an emergency. Council Bill 44 was introduced by Mrs. Dalbec, who also read the title. Motion by Mrs. Dalbec for approval of Council Bill 44 (Ordinance 1047); seconded by Mr. DiTullio; carried 7-0. AGENDA ITEM RECAP -QUASI-JUDICIAL X - _ Yes No . _ PUBLIC HEARINGS - _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS X ORDINANCES FOR 1ST READING _ BIDS/MOTIONS - LIQIIOR HEARINGS _ ORDINANCES FOR 2ND.READING _ INFORMATION ONLY PUBLIC COMMENT _ - RESOLUTIONS. -. -- AGENDA ITEM TITLE: Case No. ZOA-96-2/Definition of Story SUMMARY/RECOMMENDATION: To consider a zoning ordinance amendment relating to the definition of story. Staff recommends approval on first reading. ATTACEiMENTS 1) memo ~ ~ ~ -~ ~` 2) proposed ordinance.. 3) BUDGETED ~~ r1 J• Yes No Fund Dept/Acct # Budgeted Amount S Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Council Bill No. be approved on first .reading, ordered published, public hearing be set for Monday, September 23, 1996,_at 7:00 p.m. in City Council chambers, Municipl Bldg., and if approved on second reading to take effect 15 days after final publication." - OF WHEAT MEMORANDUM ~ Po ~ m To: Planning Commission From: Glen Gidley, Director of Planning & Development cotoRPO° Re: Case No. ZOA-96-2 Date: August 1, 1996 Case No. ZOA-96-2 relates to the definition of "story" in the City's Zoning Code. The term "STORY" is defined in the Zoning Code, Section 5. Definitions, as: "That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1." The term "STORY" is used in all of the zone districts to determine side yard setbacks and is also used in Commercial zones to determine rear yard setbacks. Staff is suggesting a provision be made to clarify what constitutes a "story" for establishing setbacks. As most commercial buildings have 12 feet between floor and deck line (flat roofl, staff recommends 12 feet be used and this be incorporated into our current definition. Staff recommends Case No. ZOA-96-2 be set for public hearing on September 9, 1996. SUGGESTED MOTION: I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, September 9, 1996, at 7:00 p:m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. GEGsIw ;D BY COUNCIL MEMBER Council Bi11 No. Ordinance No. Series of-1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. r' BE IT ORDAINED BY THE CITY COUNCIL OF .THE CITY OF WHEAT --- RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article 1, Section 26-5 Definitions is hereby amended as follows: Story. That portion of a building included between the upper surf ace. of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of-the topmost floor and ceiling or roof above. If the finished floor. level directly above a usable or unused underfloor space is more than six (6) feet- above: grade, as defined herein, for more than fifty (50) percent of the total ,perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY. Section 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. 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 relatia_n-to the proper. legislative. object sought to be attained. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the_City of-Wheat Ridge, which are_in-existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede Ordinance No. _ _ Page 2 Series of 1996 and prevail. Section 5. This ordinance sha_11 take effect.. days after 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--ahe_. City of Wheat Ridge and Public Hearing and consideration on final passage set for 1996, at 7:30 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 , 1996_ SIGNED by the Mayor on this day of , 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: - GERALD DAHL, CITY ATTORNEY c:\wp60\ord\defstory.ord ~~v~~d ~~ ~~~~~~~ INTRODUCED BY_COUNCIL MEMBER Council Bi11 No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article 1, Section 26-5 Definitions is hereby amended as follows: Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor bevel directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) NOTWITHSTANDING THE A$OVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACR FROM PERIMETER LOT LINES FOR NON-RESIDENTIAL BUILDINGS, EACH TWELVE (12) FEET OF BIIILDING HEIGHT SHALL BE CONSIDERED A STORY, AND FOR RESIDENTIAL BUILDINGS, EACH TEN (10) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A. STORY. FOR THE PURPOSE OF DETERMINING SETBACR REQUIREMENTS BASED UPON THIS DEFINITION OF "STORY", BUILDING HEIGHT SHALL BE MEASURED FROM AVERAGE GRADE OF A BUILDING TO THE HIGHEST POINT OF THE BUILDING. Section 2. Severability. If an_y 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. Ordinance No. Page 2 Series of 1996 Section 4, Supersession Clause. If any provision, requirement or_standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect -.days after 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 7:30 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 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR ~. _ Wanda Sang,- City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY lst Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\defstory.ord INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY... BE IT ORDAINED BY THE CITY COUNCIL OF TI3E CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1._ Wheat Ridge Code of Laws Article 1, Section 26-5 Definitions is hereby amended as follows: Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR :PHE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES FOR NON-RESIDENTIAL BUILDINGS, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY, AND FOR RESIDENTIAL BUILDIN(>S, EACH TEN (10) FEET OF BIIILDING HEIGHT SHALL BE CONSIDERED A STORY. Section 2. Severability. Tf 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. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which Ordinance No. Page 2 Series of 1996 are in existence as of the date of adoption of this Ordinance, . the provisions, requirements and standards herein shall supersede and prevail. Section 5, This ordinance shall take effect days after 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 7:30 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 , 1996. SIGNED by the Mayor on this day of Wanda Sang, City Clerk ~~ 1996. DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GERALD-DARE, CITY ATTORNEY c:\wp60\ord\defstory.ord INTRODUCED BY COLINCIL MEMBER Solano Council Bi11 No. 38 Ordinance No. 1046 Series of 1996 TITLE: AN ORDIN?~VCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article I, Section 26-5_ Definitions is hereby amended as follows: Story. That portion of a building included between the upper surface of any floor and the upper sur~ace of the floor next above, except that the topmost story shall be that portion o~ a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story- (See Figure 26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOIIS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES FOR NON-RESIDENTIAL BUILDINGS, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY, AND FOR RESIDENTIAL BUILDINGS, EACH TEN (10) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY. FOR THE PURPOSE OF DETERMINING SETBACX REQUIREMENTS BASED UPON THIS DEFINITION OF "STORY", BUILDING HEIGHT SHALL BE MEASURED FROM AVERAGE GRADE OF A BUILDING TO THE HIGHEST POINT OF THE BUILDING. Section 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. Section 3. Safety Clause. Th_e City Council herebomulnated under determines, and declares-that this ordinance is p g the general police power of the City of wheat Ridge, thaublicis promulgated for the health, safety, and welfare of_ the p_ 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. ~,, ~, Ordinance No. 1046 Series of 1996 Page 2 Section 4. Supersession-Clause. If any provision, requirement or standard established by this Ordinance is found to`conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of. the City of wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ,-AND ADOPTED on first reading by a vote of 8 to 0 on this 12thday of August 1996, ordered - - - published in full in a newspaper of general circulation ih the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 23 1996, at 7:30 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 6 to 1 this 23rd day of September 1996. SIGNED by the Mayor on this 1st day of ~Ocrobe~r ~ 1996. ~! ~ DAN WILDS, MAYOR , i Wanda Sang, CiEy Check APPRO TO F CI Y T .NEY i 1 G D DAHL, CITY ATTORNEY 1st Publication: August 16, 1996 2nd Publication: October 4, 1996 Wheat Ridge Transcript Effective Date: October 19, 1996 c:\wp60\ord\defstory.ord , WFIEAT RIDGE CODE § 26-5 Accessory building. 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. Accessory use. A subordinate use, clearly inci- dental and related to the principal structure, building or use of land, and located on the same lot as that of the principal structure, building or use. Automobile and light-duty truck sales and rental lots. Use of a parcel of land, either with or without structures, for the purpose of offering for sale, rent or lease, more than one (1) automobile or light- duty truck pazked upon a parcel of land at any time [sic], or where more than three i3) such ve- hicles aze offered for sale, rent or lease within a twelve-month period. Automobile storage yard- Any lot, plot, parcel of land or contiguous parcels of land used for the purpose of storing damaged, wrecked, inoperable or impounded automobiles. The aforesaid use shall not include sc: ap metals, processing yazds, auto- mobile dismantling yazds or junk yards. Bed-N-Breahfast rooms. A subordinate use of a one-family dwelling which offers slWhereinrthere Cor overnight transient occupancy, aze no cooking facilities located withinbe Pr gazed rooms; where, however, meals may by the resident owner in the dwelling kitchen and taken in a common dining room (see section 26- 30(M). Building. A structure having a roof supported by columns or walls. Building code. The uniform Building Code iliBCl, as adopted by the City of Wheat Ridge, and as amended from time to time. Building coverage. The portion of percentage oC the total lot area which is covered by the main or accessory. buildings. Building height. The vertical distance measured from the average elevation of the finished grade of the building tA_ the'nig"hest point of the roof surface if a flat roof, or to the deckline of a man- sard roof, or to the mean hltgh a~btel or other eaves and ridge for a ga P, g roof (See Figure 26-5.1). The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established shall not apply to the fallowing. Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or indus- trial use, nor to windmills, chimneys, ventila- tions, transmission towers, solar heating and cooling devices, or necessary mechanical appurte- nances normally carried above the roof line. Building, main. The building(s) housing the principal (primary and most important) use(s) per- mitted 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 contin- uous roof. Change of use. Any use which substantially dif- fers from the previous use of a building or land. Church. An establishment for the conduct of religious activities, including accessory housing. This term includes the terms, temple, seminary, retreat, monastery and similar terms. Club or lodge, private. An association of persons far the promotion of some nonprofit common ob- ject, such as literature, science, politics or good fellowship, meeting periodically, limited to mem- bers, within a building having not more than one- third of the `gross floor area' used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Commercial use. An activity which is carried out for monetary gain, or the use of real or per- sonal property, including vehicles, in such ac- tivity. Condominium. A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis. Conjeaement facility. A publicly or privately awned or operated facility or building utilized For the short-term or long-term confinement, incaz- ceration or holding of persons upon order of any law enforcement entity, court of competent juris- diction or the Colorado Department of Correc- tions. Confinement facilities shall include, without Sung, Vo.. 14 1680 y § 265 WHEAT RIDGE CITY CODE purpose of providing domiciliary care for a group of persons who are unable to provide such raze for themselves and who aze not in need of medical or nursing treatment except in the case of tempo- rary illness. Rooming/boarding. An accessory~defined dwelling, where in addition to a family, herein, not more than two (2) persons not related to the family aze provided lodging and meals for compensation, either paid directly or indirectly, and on a contract basis for not less than seven (7) days. Roominghouse and boardinghouse. A building containing a single dwelling unit and thre s(3) too fifteen (15) guest rooms, where lodging P vided, with or without meals, for compensation. Compensation may include money, services or other things of value. ' Sanitary landf ll. Any property used for perma- nent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means, and for whatever purpose, of gaz- bage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. The deposition of earth materials such as soil, rock, sand, broken asphalt or concrete, and similar clean fill materials is not considered under this definition; however, it is regulated undandfill Lion 26-33 of this Zoning Code. A sanitary is not a use allowed within the city. School, public, private and parochial. Any public, parochial or private school For any grades be- tween kindergarten and twelfth that is either ac- credited by the Colorado Department of Edulctari Lion or recognized by and in good standing the Colorado Department of Education for pur- poses ofcompulsory education requirements. This term shall not include "trade or business schools" or "day camps." Setback line, front. A line parallel with a front lot line of a lot, tangent to that part of a building situated on such lot (other than an open fire es- cape or stairway, a chimney or a one-story unen- closed porch) which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line~ls~n~~ffl=ae-sac. A line concentri- call}~ paral]el to the right-oC-way line of the street Supp. No. 15 on the cul-de-sac (bulb) and a line pazallel to and a minimum as required from the right•of--way line o£ the remainder of the cul-de-sac. On cul-de-sac lots, the board of ac>:justment may not issue a vari- ance on the land between the cul-de-sac front set- back line and the cul-de-sac right-of-way line de- picted. Setback line, rear. A line pazallel o t a bulldrng line of a lot, tangent to that part situated on such lot whic~'os (2 °other lot lines of lot line and intersecting such lot. Setback line, side. A line pazaIlel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Sight distance triangle. The corner area within a corner lot that is adjacent to both right•of-way frontages, or the area where a driveway inter- sects astreet, where it is required that obstruc- tion to view be minimized. No fence, divisional wall, hedge or other obstruction to view' in excess of forty-two (42) inches high, except for permitted landscaping, signs or public utility poles, shall be established or maintained on a corner lot within a triangulaz azea bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local streets or fifty-five (55) feet from the intersection of such lot lines for collector or arterial streets. The same shall apply to the in- tersection of driveways and public be reduced Po that the sight distance triangle may fifteen (15) feet. One- and two-family dwellings shall be exempt from application of the fifteen- footdriveway sight distance triangle requirement. (See figure 26-31.1.1 - 3fory.-That portion of a building included be- tween the upper surface oC any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the tap- most~rioor and ceiling or roof above. If the finished Floor level directly above a usable or unusedade, derfloor space is more than six (6) feet above'cent as defined herein, for more than fifty (50) p of the total perimeter or is more than twelve C12) 1686 ¢ 26.5 Wf~AT RIDGE CITY CODE (c) Any word or term used in this Zoning Ordi- nance not specifically defined above shall be in- terpreted asthat word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined else- where in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the Statutes, as defined in Webster's Dictionary. (d) The attached figures are supplemental to the above defmitiona. 7hlyd Story with Vauttetl __ .~ Building Height cvtld~lot -ir Slor Average Grade...... .... Actual Grade _ .............:....: Computing Average Grade -+tt-. +J) , ..2,_~a a:e-:~ a>•~' ~ •. 129 /)1 Ut +29 +~fTIS•+laAverage Grade Figure 265.1. Building height, story and grade. Supp. No. 5 1688 ~~ ~ ~_.___~.T._. ---r.~.~...~..~,.-_.. ~._~...~-r _---.___._..,A,.r.-.r..~.,..~.. -