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HomeMy WebLinkAboutZOA-93-4M E M O RAN D U M TO: P anning Commission FROM: Glen Gidley, Director o£ Planning & Development RE: Auto Sales Lots DATE: ..October 29, 1993 Our Code Enforcement Division is having trouble dealing with used car sales. occurring in locations that are not truly car sales lots. There are two -types of problems: 1. People selling cars from land which they do not own or lease. Examples of this are: a. Near Perkins on West 44th Avenue b. Time Square along Wadsworth c. Old Safeway at Kipling & West 38th Avenue Legally, it is the property owner's problem. We deal with property owners through zoning enforcement, not auto owners. Therefore, we cite the land owner. 2. People selling cars from land which they do own or lease, however they claim that they are not operating a used car lot because they don'-t sell enough cars each year to require a State Auto Dealer's license. They may-not have the correct zoning (C-1 or C-2) or may not meet the development and use standards. However, they continue to sell, or offer to sell autos on an irregular basis. Examples of this are: a. Battery shop at West 44th & Zephyr Street- b. Auto repair shop at West-44th Avenue & Yukon Street, north side c. Auto repair shop at West 38th Avenue & Harlan Street, northwest corner We believe we have the first problem resolved by asking property owners to place NO PARKING - TOW ZONE signs on their property. However, the second problem requires a change in our ordinance. "Auto and light duty truck sales and rental" is a use specifically permitted in the C-1 and C-2 zones, under certain conditions. We need to define the use "Auto and light duty truck sales and rental" under Section 25-5 Definitions, so that we can more easily enforce the provisions: We would suggest the following definition: Memo to Planning Commission October 29, 1993 "Automobile & Light Duty Sales & Rental Lot: Use of a parcel of land, structures, for the purp rent or lease, more than light duty truck parked at a time, or where more vehicles are offered within a twelve (12) Page 2 either with or without se of offering for sale, one (1) automobile or pon a parcel of land than three (3) such riod." rent or lease 0 u for sale, month pe GEG:slw 'r ""'7 e 5C: _ -. ''+' ,- F ~}.. NOTICE OF PUBLIC HEARING /..--w:;. Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on December 2, 1993 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. Case No WZ-93-9• An application by Heinz Silz for approval of a rezoning from Agricultural-One .to Commercial-One and for approval of a site plan for development within the Fruitdale Master Plan area. Said property is located at 4425 Tabor Street and is legally described as follows: That part of Lots 9 and 10, Lee's Subdivision described as follows: Beginning at a point on the east line of lot ten (10), 198 feet north of the southeast Corner, thence 210 feet west, thence 132• feet north, thence 210 feet east, thence 132 feet south to the point of beginning; except that part of Lot 10 described in deed recorded under reception No. 89042285. And beginning at the southeast corner of Lot nine (9), thence 210 west, thence 66 feet north, thence 210 feet east, thence 66 feet south to the point of beginning, County of Jefferson, State of Colorado. 2. Case No. ZOA-9 -3• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-6(B) relating to Special Use Permits, and Sections 26-5 and 26-23 relating to Pawn Shops. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 3• - ~ti~~ g';=a~ A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5. Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO 80033. 4. Case No. ZOA-93-5• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Subsections 26-22(D) and 26-23(D) relating to the use of semi-trailers, other mobile trailers and shipping :. containers for the purpose of outside storage and warehousing. Copies of the proposed amendments may be obtained from the City of Wheat Ridge, Department of Planning and Development, 7500 West 29th Avenue, Wheat Ridge CO - -- 80033. -' 5. Case No. WZ-93-10: An application by Drake Contractors, Inc., for approval of an amended final development plan for property located at 5190 Parfet Street, originally approved as Case No. WZ-92-5. Said property is legally described as follows: THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORAD, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 000 00' 00" EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 740 48' 48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 740 48' 40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526..73 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET; AND PARALLEL TO THE SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET; THENCE N 740.48' 40" E, PARALLEL TO SAID SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N 000 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION 16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING. e i Sandra iggins, retary ATTEST: Wanda Sang, City Clerk To be Published: November 16, 1993 Wheat Ridge Sentinel <pc>pn12/2/93 Planning Commission Minutes Pagerl2 December 2, 1993 1 Commissioner CERVENY seconded the motion. He added he ould like to see existing special use permits "grandfathered i '. He also voiced concern with the five-year amortization. Fi een years amortization was better he felt. COMMISSIONER CE ENY requested an amendment to Commissioner ECKHARDT's motion at existing special use permits be grandfathered. Commissioner ECKHARDT accepted that Commissioner CERVENY clarified his am special use permits continue with the individual". Mr. Gidley stated that "grandfa in the same. if the existing s grandfathered, they would be no year amortization schedule. Discussion followed. to his motion. t that "existing and not with the and nonconforming" are one use permits were ming, and subject to a 15- The following wording o Commissioner CERVENY'S amendment was approved by him: "If a proved prior to the adoption of this ordinance, the speci use permit-would be vested with the land and therefore is no nonconforming, and future special use permits shall not a vested with the land and shall be vested with ownership." A vote for t amendment to the motion was taken. Motion carried 4-2, with C issioners ECKHARDT and RASPLICKA voting against. A.vote w s then taken on Commissioner ECKHARDT's motion. Motion Carrie 4-2, with Commissioners QUALTERI and OWENS voting agai t. A short recess was called at 9:30 p.m. Meeting reconvened at 40 p.m. 4. Case No. ZOA-93-~: A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5. Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". Mr. Gidley stated that this item had been discussed at-a previous study session. He added that the code enforcement division had experienced difficulty in court due to the lack of a definition for an auto sales lot in the code of laws. He read the proposed definition. Discussion followed. Commissioner CERVENY moved that Case No. ZOA-93-4 be forwarded to City Council with a recommendation for. approval. ~~ Planning Commission Minutes December 2, 1993 Page 13 Motion seconded by Commissioner ECKHARDT. Motion carried 6-O. Case No. ZOA-93-5: A_public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chap 26. Zoning Ordinance, Subsections 26-22(D) and 26-23( rating to the use of semi-trailers, other mobile t ailers and shipping containers for the purpose of ou side storage and warehousing. By consensus, Case No. ZOA-93-5 was continued to the second meeting in Feb uary, February 17, 1994. ter D) 8. CLOSE THE ~BLIC HEARING 9. OLD BUSINESS 1. Election Ballots were distribut d. After three unsuccessful votes and no one gaining a majority, r. Gidley postponed this item to our next meeting, which will e January 6, 1993. 2. Code of Ethics Commissioner QUALTERI read hi recommendation for Enforcement of Ethical Principles. Discussion followed. Commissioner QUALTERI moved that T e Code of Ethics as an addendum to our present Bylaws as i has been modified and corrected and let the Enforcement o Ethical Principles be added to it as read previously as Article 1 . Commissioner ECKHARDT seconded the mote n. Vice Chairperson RASPLICKA requested tha Commissioner QUALTERI's Enforcement of Ethical Principles be avai able in written form. Commissioner OWENS seconded Vice Chairperso RASPLICKA's request to table the item until such time as the in rmation could be typewritten, copied and distributed and plac on a future agenda. Motion carried 6-O. 10. NEW BUSINESS 1. Sidewalk on Independence Street Commissioner ECKHARDT asked when this sidewalk would installed. PUBLIC HEARING SPEAKERS' LIST CASE N0: ZOA-93-4: DATE: December 2, 1993 REQUEST: A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5, Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". ~ Position On Request; { (Please Gheok) ; R'S NAHE ~ ADDRESS (PLEASE 'PRINT) ~ IN FAYOR ~ OPPOSED ; i i i ~ ; s s ' ~ ' i i i s , ~ ~ s ; _ _ _ , t s s ,. _ : -- . ~ : ~ s s ~ ~ e i ~ i ~ ~ i i i i i i ~ S ~ = i i ~ i ,. ~ ~ i - ~ CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO.: ZOA-93-4 APPLICANT(S) NAME: City of Wheat Ridge LOCATION: City-wide REQUEST: Case No. ZOA-93-4: A public hearing was held regarding proposed amendments to Wheat Ridge Code of Laws, Chapter, 26. Zoning Ordinance, Section 25-5 Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots".' 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 heard 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 CERVENY seconded by Commissioner ECKHARDT that staff's proposal for amendments to the Zoning Ordinance (Case No. ZOA-93-4) be forwarded to City Council with a recommendation for Approval. VOTE: Yes: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, and Crumpton No: 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 66=0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 2nd Day of December, 1993. Jay asplicka, Vice Chairperson Sandra Wiggins, e etary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLAN COMMISSION resozoa934 MEMORANDUM TO IT COUNCIL FRO GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: ORDINANCE OF 1ST READING/ CASE ZOA-93-4/AUTO SALES LOTS DATE: JULY 6, 1994 --_ _ - Our Code Enforcement Division is having trouble dealing with used car sales occuring in locations that aro not legitimate sales lots. The issue is further detailed in the, attached memo to Planning Commission. Planning Commission reviewed this case at a public hearing held on December 2, 1993 and recommended .approval of the attached Council Bi11. This Council Bill is placed on your July 11 agenda for 1st reading. I would recommend the public hearing be set for August 8th. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO AUTOMOBILE AND LIGHT DUTY TRUCK SALES AND RENTAL LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26., Article I. Zoning Code, Section 26-5. Definitions is hereby amended by the inclusion of the following definition~~K "Automobile & Licht Dutv~iSales & Rental Lot: 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 parked upon a parcel of land n„~,y~. ~"' a`~''~( time, or where more than three ( 3 ) such lJ"_l/!t vehicles are offered for sale, rent or lease within a twelve (12) month period." San+_ion 2. 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 o£ health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons. or circumstances. 4ention 4. This Ordina_nce'shall_ take effect days after :- final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1994, 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 1994, at 7:30 o'clock p.m., in the Council Chambers, 7500 west 29th Avenue,'Wheat Ridge, Colorado. Ordinance No. Page 2 Series of 1994 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1994. SIGNED by the Mayor on this day of 1994. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Eff-active Date: <pc>ordautolightdutytrucks M E M O R A N D U M TO: ~~~VNP anning Commission FROM:~J//Glen Gidley, Director of Planning & Development RE: Auto Sales Lots DATE: October 29, 1993 Our Code Enforcement Division is having trouble dealing with used car sales occurring in locations that are not truly car sales lots. There are two types of problems: 1. People selling cars from land which they do not own or lease. Examples of this are: a. Near Perkins on West 44th Avenue b. Time Square along Wadsworth c. Old Safeway at Kipling & West 38th Avenue Legally, it is the property owner's problem. We deal with property owners-through zoning enforcement, not auto owners. Therefore, we cite the land owner.. 2. People selling cars from land which they do own or lease, however they claim that they are not operating a used car lot because they don't sell enough cars each year to require a State-Auto Dealer's license. They may not have the correct zoning (C-1 or C-2) or may not meet the development and use standards. However, they continue to sell, or offer to sell autos on an irregular basis. Examples of this are: a. Battery shop at West 44th & Zephyr Street b. Auto repair shop at West 44th Avenue & Yukon Street, north side c. Auto repair shop at West 38th Avenue & Harlan Street, northwest corner We believe we have the first problem resolved by asking property owners to place NO PARKSNG - TOW ZONE signs on their property. However, the second problem requires a change in our ordinance. "Auto and light duty truck sales and rental" is a use specifically permitted in the C-1 and C-2 zones, under. certain conditions. We need to define the use "Auto and light duty truck sales and rental" under Section 25-5 Definitions, so that we can more easily enforce the provisions. We would suggest the following definition: Memo to Planning Commission October 29, 1993 Page 2 "Automobile & Light Duty Sales & Rental Lot: __, 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 parked upon a parcel of land at a time, or where more than three (3) such vehicles are offered for sale, rent or lease within a twelve (12) month period." GEG:slw CERTIFICATION OF RESOLUTION -, CITY OF WHEAT RIDGE PLANNING, COMMISSION CASE NO.: ZOA-93-4 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge REQUEST: ~-sa No ZOA-93-4: A public hearing was held regarding proposed amendments to Wheat Ridge Code of Laws, Chapter, 26. Zoning. Ordinance, Section 25-5 Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots".' 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 heard 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 CERVENY seconded by Commissioner ECKHARDT that staff's proposal for amendments to the Zoning Ordinance (Case No. ZOA-93-4) be forwarded to City Council with a recommendation for Approval. VOTE: Yes: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, and Crumpton No: 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 6~ vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 2nd Day of December, 1993. / , ~~p dra Wiggins, a etary ~~ ~~p ce Chair ersoii San Jay asplicka, WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLAN COMMISSION resozoa934 .. :~: Planning Commission Minutes December 2, 1993 12 Commissioner CERVENY seconded the motion. He added he ould like to see existing special use permits "grandfathered i He also voiced concern with the five-year amortization. Fi een years amortization was better he felt. COMMISSIONER CE ENY requested an amendment to Commissioner ECKHARDT's motion at existing special use permits be grandfathered. Commissioner ECKHARDT accepted that Commissioner CERVENY clarified his am special use permits continue with the individual". / Mr. Gidley stated that "grand in the same. If the existing grandfathered, they would be year amortization schedule. Discussion followed. The following wordin< approved by him: "If ordinance, the specie and therefore is no permits shall not e ~~ with ownership. to his motion. t that "existing and not with the and nonconforming" are one use permits were ming, and subject to a 15- ~ o Commissioner CERVENY'S amendment was a proved prior to the adoption of this use permit would be vested with the land nonconforming, and future special use vested with the land and. shall be vested 4-2,twithrCt issionerstECKHARDTmand RASPLICKAevotingtagainstried A.vote w s then taken on Commissioner ECKHARDT's motion. Motion Carrie 4-2, with Commissioners QUALTERI and OWENS voting A short recess was called at 9:30 p.m. Meeting reconvened at 90 p.m. 4. Case No ZOA-93-4• A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 25-5. Definitions, relating to "Automobile and Light Duty Truck Sales and Rental Lots". Mr. Gidley stated that this item had been discussed at a previous study session. He added that the code enforcement division had experienced difficulty in court due to the lack of a definition for an auto sales lot in the code of laws. He read the proposed definition. Discussion followed. Commissioner CERVENY moved that Case No. ZOA-93-4 be forwarded to City Council with a recommendation for approval. ' Y ~:.~ ~_. ;'~„n Planning Commission Minutes Page 13 December 2, 1993 ,) Motion seconded by Commissioner ECKHARDT. Motion carried 6-O. race No. ZOA-93-5: A public hearing will be held on proposed amendments to Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Subsections 26-22(D) and 26-23(D) lating to the use of semi-trailers, other mobile t ailers.and shipping containers for the purpose of ou side storage and warehousing. By consensus,~ase No. ZOA-93-5 was continued to the second meeting in Feb uary, February 17, 1994. 8. CLOSE THE BLIC HEARING 9. OLD BUSINESS 1. Election Ballots were distribut d. After three unsuccessful votes and no one gaining a majority, r. Gidley postponed this item to our next meeting, which will a January 6, 1993. 2. Code of Ethics Commissioner QUALTERI read hi recommendation for Enforcement of Ethical Principles. Discussion followed. Commissioner QUALTERI moved that T e Code of Ethics as an addendum to our present Bylaws as i has been modified and corrected and let the Enforcement o Ethical Principles be added to it as read previously as Article 1 . Commissioner ECKHAE2DT seconded the mote n. Vice Chairperson RASPLICKA requested tha Commissioner QUALTERI's Enforcement of Ethical Principles be avai able in written form. Commissioner OWENS seconded Vice Chairperso RASPLICKA's request to table the item until such time as the in rmation could be typewritten, copied and distributed and plac on a future agenda. Motion carried 6-0. 10. NEW BUSINESS 1. Sidewalk on Independence Street Commissioner ECKHARDT asked when this sidewalk would installed. ,:. .:. CITY COUNCIL MINUTES: August 8, 1994 Page -2- Motion by Mrs. Worth for the adoption of Ordinance 974;.seconded by Mr. Eafanti; carried 7-0. Item 2. Council Bill 63 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to use of semi-trailers and shipping containers for the purpose of outside storage. Council Bill 63 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance No. 975 assigned. Mr. Gidley gave the staff report and answered Council's questions. He corrected his memo to City Council by adding that Planning Commission had recommended that this conditional use be for more than 3semi-trailers, trailers, etc. The way it is currently written, it would be for any amount of trailers, etc. Motion by Mrs. Behm for the approval of Council Bill 63 on second reading as it is written; seconded by Mr. Eafanti. Motion by Mr. Edwards to postpone this until we can discuss it at the next available Study Session; seconded by Mrs. Worth; carried 7-0. (This will be the August 15 Study Session). Item 3. _.Council Bill 64 =An Ordinance amending the„Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Automobile and Light Duty Truck Sales and Rental Lots. Council Bill 64 was introduced by Mr. Siler on second reading; title read by the Clerk; Ordinance No. 975 assigned. - ~ Mr. Gidley gave the staff report and made corrections to the wording.- In Section 1. the word "truck" should be added after ..light duty; and also in Section 1. the word "any" should be used instead of "a" time. Motion by Mr. filer for approval of Council Bill 64 (Ordinance 975) on second reading with Mr. Gidley's suggested corrections; seconded by Mr. Edwards; carried 7-0. Motion by Mr. Eafanti to bring in an Ordinance that addresses boats and motorcycles; under the Zoning Ordinance; seconded by Mr. Edwards; carried 7-Q. .~ AGENDA ITEM RECAP QUASI-JUDICIAL _~_ Yes No _ PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS X~ ORDINANCES FOR 15T READING BIDSJMOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE:. Council Bi11 for lst reading to amend .Wheat Ridge Code, Zoning Ordinance, regarding Auto Sales Lots. SDMMARY/RECOMMENDATION: Staff and Planning Commission have recommended approval of a definition of Auto Sales Lots to be added to the Zoning Ordinance to improve Code Encorcement effectiveness. ATTACHMENTS: i) GG memo to 2) GG memo to 3)PC minutes CC PC & resolution BIIDGETED ITEM: 0 0 Yes No Fund Dept/Acct ,~ Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SIIGGESTED MOTION: I MOVE FOR APPROVAL ON 1st READING OF COUNCIL BILL NO. , ORDER PUBLISHED, PUBLIC HEARING BESET FOR MONDAY, AUGUST 8, 1994 AT 7:00 P.M. IN CITY COUNCIL CHAMBERS, MUNICIPAL BLDG., AND IF APPROVED ON SECOND READING, TAKE EFFECT ONE DAY AFTER FINAL PUBLICATION. .. ~ -. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. _ Series of 1994 TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF LAWS OF THE CITY OF .WHEAT RIDGE RELATING TO AUTOMOBILE AND LIGHT DUTY TRUCK SALES AND RENTAL LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26., Article i. Zoning Code, Section 26-5. Definitions is hereby amended by the inclusion of the following definition: "Automobile & Light Duty Truck Sales & Rental Lot: 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 parked upon a parcel of 1'and at any time, or where more than three (3) such vehicles are offered for sale, rent or lease within a twelve (12) month period." section 2. 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 3. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. 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 _ 1994, 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 _ 1994,_ at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ~y ~ ~ 1st Publication: 2nd Publication: _- Wheat Ridge Sentinel Effective Date: <pc>ordautolightdutytrucks Ordinance No. Series of 1994 Page 2 READ, ADOPTED AND ORDERED PUBLISHED on second and Final reading by a vote of ~ to this day of , 1994. - - SIGNED by the Mayor on this day of 1994. Wanda-Sang, City Clerk DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY