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HomeMy WebLinkAboutZOA-93-5M E M O R A N D U M TO: Planning Commission FROM: Glen Gidley, Director of Planning & Development RE: Outside Storage/Semi-trailer & Containers DATE: October 28, 1993 You may recall that last winter you reviewed a request for approval of several semi-trailers for storage purposes related to the Red Barn Furniture store located on West 44th Avenue near Harlan Street. The original request was for a Special Use Permit, however, the outcome was a one-year Temporary Use. After that-case, it was noted that there was a need to address this issue in our commercial zone districts. The use of semi-trailers and shipping containers for outside storage and warehousing, while from a business perspective, provides flexible space, from a community standards point of view, adds undesirable clutter and industrial appearance to our business areas...-.Additionally, because there are no building permits required since these are not structures, they are not required to meet setback requirements and may cause fire access problems if improperly located. There are several options for addressing these concerns: 1. Prohibit the use of semi-trailers, other mobile trailers and large shipping containers for storage and warehousing, except when needed as part of an ongoing construction project with a valid building permit. 2. Conditional Use Permit could be required, which would give Planning Commission a chance to review and approve a site plan. 3. Special Use Permit could be required which would give both Planning Commission and City Council a chance to review a site plan and the use itself. Please take the time to visit the following sites where such storage arrangements are currently in place and make mental notes as to the issues that you believe need to be considered in any legislation regarding this matter. -After discussion'at your November 4 meeting, I am hopeful that staff will have direction toward which option you would like us to set for public hearing.. LOCATIONS' 1.- Red_Barn Furniture, West 44th & Ingalls Street (trailers) 2. Behind 7597 West 44th Ave., viewed from Teller Street (containers) 3. Behind 7650ish (antique store) West 44th Avenue (trailers) 4. Behind 10200 West 44th Avenue (Gash building) (trailers) GEG:slw 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, Coiorado. 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 o£ 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-93-3: 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. 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". 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. = ZOA-_ = -' 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 r 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 $W 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 00° 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. ~_ n_ l< Sandra Wiggins,/,~cretary ATTEST: ~~// Wanda Sang, City Clerk To be Published: November 16, 1993 Wheat Ridge Sentinel <pc>pn12/2/93 M E M O R A N D U M TO: P anning Commission FROM: Glen Gidley, Director of Planning & Development RE: Case No. ZOA-93-5/Outside Storage - Semi-trailers and Containers DATE: November 22, 1993 Based upon previous discussions regarding this topic, staff has prepared the attached proposed Council Bill. In summary, the proposal is to enumerate (list) "Outside Storage within semi- trailers, other trailers, shipping containers or other non- structural enclosures for which a building permit is not required" as a Conditional Use in the C-1 and C-2 zone districts. This would permit such "Outside Storage" only upon approval by Planning Commission after a public hearing. The primary concerns for adopting such additional regulation are as follows: 1. When placed where visible from public streets and/or adjacent properties, such practices can be distracting, blighting and generally undesirable clutter. 2. Placement of such trailers and/or containers is not regulated by the Building Code, therefore since a building permit cannot be required, encroachment into required yards, setbacks, parking and loading areas and fire lanes occurs.. 3. In certain instances, due to specific site location or total surface area of such trailers and containers, drainage . problems may occur that affect adjacent properties. SUGGESTED OTION•. _._ I move that Case No. ZOA-93-5 be Council Bill relating to Outside be referred to City Council with approved and that the proposed Storage Trailers and Containers our recommendation for approval. GEG:slw <pc>ggmemoll/22c M E M O R A N D U M TO: Planning Commission FROM: Glen Gidley, Director of Planning & Development RE: Case No. ZOA-93-5/Outside Storage - Semi-trailers and Containers DATE: January 25, 1994 Please find attached a memo and proposed Council Bill that was originally set for public hearing on December 2, 1993. This case was not heard on that date, but was continued to February 3. I will have a few slides to illustrate some of the existing situations. GEG:slw attachments PUBLIC HEARING SPEAKERS' LIST CASE N0: _ 9,pp_c~q_r,. DATE: December 2. ]993 REQUEST: 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. S position O.n Request; ~ i (Please Gheck) ; SPEAKER'S NAHE ~ ADDRESS (PLEASE PRINT) i IN FAVOR ; OPPOSED ; i ~ i i 1 1 1 I 1 i i PUBLIC HEARING SPEAKERS' LIST CASE NG• ~qA-93-5 DATE: Feb. 3, iaa4 REQUEST: A public hearing wi11_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 = Position O.n Request; ~ warehousing. ~ (Please Cheok) SPEAKER'S NAHE ~_ADDRESS (PLEASE PRINT} ; IN FAVOR OPPOSED ~ ~ ~ ~ ~ ~ _ ~ ' i i ~ ~ ~ ~ , ' i i ~ ' ' ~ -- ~ ~ ~ ~ ~ i i i ' ~ i i ~ ~ i i i ~ ~ ~ = I i _ ~ i I i 1 ~ -- 1 1 M E M O R A N D U M TO: Planning Commission FROM` Glen Gidley, Director of Planning & Development RE: Case No. ZOA-93-5 - Outside Storage/Semi-trailers DATE: February 23, 1994 When this matter came before you for a continued public hearing on February 3, you asked staff to cleveiop additional language that would provide more administrative discretion in approving use of shipping containers and/or semi-trailers for outdoor storage and warehousing: You continued the case to March 3 for this purpose. For reference, I have attached my original memo of November 22, and a copy of the suggested Council Bill. That Council Bill would amend the C-1 (Sec. 26-22) and C-2 (Sec. 26-23) zone districts regulations to require a Conditional Use Permit (Planning Commission public hearing only) before such storage could occur. The Conditional Use Permit procedures set forth in Sec. 26-6(A) allows Planning Commission to impose'specific site design and operational conditios}s to ensure compatibility and safety concerns are addressed. During your February 3rd hearing, it was inferred that some level of "use by right" should be considered, thus staff could approve as an "accessory use". The following language•would allow as a Permitted Accessory, Use, up to three shipping containers or trailers for storage upon property in the C-1 or C-2 zone districts, provided that they are screened from view from adjacent properties or streets. Sec. 26-22(C) and 26-23(C) 9. Shipping containers and semi-trailers or other trailers may be used for outside storage related to a business conducted upon the premises provided that no more than three (3) such containers and/or trailers in combination shall be allowed, and provided that such containers and/or trailers shall be placed behind buildings and screened by solid fencing so as to achieve maximum screening from view from adjacent properties and streets. The use of more than three containers or trailers could either be treated as a Conditional or Special Use Permit, or could simply be treated as a variance. Please consider these options, and any others that you may develop for the March 3rd continued hearing on this subject. GEG:slw <pc>ggmemo2/23 Planning Commission Minutes Page Z March 3, 1994 1 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner ECKHARDT moved to approve the order of the agenda for the meeting of March 3, 1994 as printed. Commissioner JOHNSON seconded the motion. Motion carried 8-O. 5. APPROVAL OF MINUTES Chairperson RASPLICKA noted in the sixth paragraph, sixth sentence, the word "development" should be "develop". Also, on page 11, seventh paragraph, the word,"asked" (following Mr. Lamkin) should be deleted. With those changes, Commissioner JOHNSON moved that the minutes for the meeting of February 17, 1994 be approved as corrected. Commissioner ECKHARDT seconded the motion. Motion carried 6-O, with Commissioners Owens and Qualteri abstaining. 6. PUBLIC FORUM (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 was present to speak at this time. 7. PUBLIC HEARING 1. 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. Mr. Gidley briefly reviewed his memorandum regarding this issue. Commissioner CERVENY asked to discuss the ramifications of each of the three options. Mr. Gidley explained that the proposed amendment, in bold print, would add as an accessory use in the C-1 and C-2 zone districts the ability to have three shipping containers, semi-trailers or other trailers to be used for outside storage related to a business conducted upon the premises. He added that use of more than three such storage containers could require a variance (through the Board of Adjustment and requiring a greater than majority vote) or a Conditional Use Permit (through Planning Commission and requiring a simple majority). Commissioner City Council ' the verbiage than three s Commissioner CERVENY moved that Case No. ZOA-93-5, in bold print with forage containers r. OWENS seconded the Planning Commission forward to a recommendation of Approval of the provision that use of more 'quire a Conditional Use Permit. motion. Motion carried 8-O. PUBLIC HEARING SPEAKERS' LIST CASE N0: _70A-93-5 DATE: March 3, 1994 REQUEST: 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. ~ position O.n Requestp i ; (Please Check) ; SPEAKER'S NAHE ~ ADDRESS (PLEASE PRINT) ~ IN FAVOR OPPOSEn ; I t i i i 1 i i i ~ I i i ~ I i t i ~, I ,. ~ . ~ ~ . ~ ~ ~ ~ _ , ~ I I ' I ~ ~ 1 ; ~• ~ ~ j ' I - ~ ~ -- , CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO.: ZOA-93-5 APPLICANT(S) NAME: City of Wheat Ridge LOCATION: City-wide REQUEST: Case No. ZOA-93-5. A public hearing was held regarding 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. 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 CERV$NY seconded by Commissioner OWENS that staff's proposed verbiage (bold print) be forwarded to City Council with a recommendation for Approval with the following provision: 1. Use of more than three (3) storage containers would require approval of a Conditional Use Permit. VOTE: .,, Yes: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, Langdon, Crompton and Johnson 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 ~-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 3rd Day of March, 1994. Ja Ra plicka, Chairperson Sandra Wiggins, etary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLAN G COMMISSION ,~ resozoa935 ~ MEMORANDUM TO:n ~I~Y COUNCIL FROM1,~\~1~6/GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: COUNCIL BILL FOR 1ST READING/CASE ZOA-93-5/OUTSIDE STORAGE DATE: JULY 6, 1994 Please find attached a proposed Council Bill for 1st Reading that proposes to amend the Zoning Ordinance to regulate the use o£ semi-trailers and shipping containers as a means o£ achieving outside warehousing and storage. I have attached 3 memoranda from me to Planning Commission in order to provide you legislative history regarding this issue. The Council Bill submitted to you is consistant with that recommended by Planning Commission after they held a public hearing on this topic on-_ March 3, 1994. __ PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC./CEREMONIES CITY ATTY. MATTERS ~- ORDINANCES FOR 1ST READING BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS _ AGENDA ITEM TITLE:. Council Bill on lst_Reading to amend Wheat Ridge flode of Laws, Zoning Ord. regarding-use of Semi-trailers & shipping containers for SIIMMARY/RECOMMENDATION: outside storage. Planning Commission & staff have recommended approval of regulating the use of semi-trailers and storage containers in Commercial areas asomethod of warehousing and outside storage. ATTACHMENTS: 1)3 memos from GG to PC 2) PC minutes and resolution 3) BIIDGETED ITEM: Yes No Fund Dept/Acct ,~ Budgeted Amount S Requested Expend. Requires Transfer/ Supp. Appropriation Yes No SIIGGESTED MOTION: 2 MOVE FOR APPROVAL ON 1ST READING OF COUNCIL BILL N0. , ORDER PUBLISHED, PUBLIC HEARING BE SET FOR MONDAY, AUGUST 8, 1994 AT 7:00 P.M. IN CITY COUNCIL CHAMBERS, MUNICIPAL BLDG., AND IF APPROVED ON SECOND READING, TARE EFFECT ONE DAY AFTER FNAL PUBLICATION. r~ M' ••~ 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 USE OF SEMI-TRAILERS AND SHIPPING CONTAINERS FOR THE PURPOSE OF OUTSIDE STORAGE. BE IT ORDAINED BY THE CITY COUNCIL OF T..~rHr-E~/CITY OF WHEAT RIDGE, COLORADO, THAT: j~,~Ij(~ynvwwyC/,(,C¢~GtsL~~- ~v ~'"'~~ r.2cwcw~ f~ Section 1. Wheat Ridge Code f Laws, Section 26. Zoning Ordinance, Section 26-22(~) -seer is hereby amended by the addition of the following: "(3 Ou 'de Storage utili fie trailers, h tra' rs, s ipp ~n, c t finer oth r n -s ruc ural e c sur s r which a b inq it is no required." Section 2. Wheat Ridge Cod~of Laws, Chapter 26. Zoning --- Ordinance, Section 26-23 03) is hereby amended by the addition of the following: "(3)~Outsi e torage u izing se ailers, oth tr 'lers, hip ing c tain s o er no -st ctural en osures for which a buildin ermit is not required." 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. 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. Section 5. -This- Ordinance shall take effect days after final publication. RtNTRODUCED, 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 Ordinance No.. Series of 1994 Page 2 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. 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 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordoutsidestorage KATHRYN SCHROEDER, CITY ATTORNEY MEMORAlVDVM TO: ty Council FROM: Glen Gidley, Director of Planning 8e Development RE: Continued Council Bill No. 63/Outside Storage DATE: August 10, 1994 Please find attached copies of all materials previously provided to you regarding this topic. As I indicated to you last Monday, the proposed Council Bill would make the use of a~ trailer or storage container subject to a conditional use permit, whereas Planning Commission's recommendation to you is to make "more than three " such storage devices subject to conditional use, with "up to three" being allowed as a permitted accessory use. If you choose to revise the Council Bill to be consistent_with the Planning Commission recommendation, then specific provisions need to be incorporated under the "Permitted Accessory Use" sections to list the use and to provide performance standards. My February 23 memo includes the necessary wording. Regarding the issue of conditional use versus special use permit procedures, I have attached copies of the Code regarding those procedures. In short, conditional uses require one public hearing before Planning Commission and is not subject to legal protest, whereas special use requires an additional hearing by City Council, approval by adoption of an ordinance, is subject to legal protest, and is revokable. The conditional use process assumes that the "use" is appropriate in the zone district, however the specific application of the use needs special site plan review and may be subject to conditions and' limitations beyond those set forth in the zone district regulations. The special use process, on the other hand, does not assume that the use is appropriate and places the . burden on the applicant to prove that the use should be allowed at a specific location. Obviously, the special use process places a greater burden on the applicant, and a greater burden on City resources to process the applications. GEG: slw attachments gg81094.mem INTRODUCED BY COUNCIL MEMBER BERM Council Bill No. 63 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 USE OF SEMI-TRAILERS AND SHIPPING CONTAINERS FOR THE PURPOSE OF OUTSIDE STORAGE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26. Zoning Ordinance, Section 26-22(D) Conditional Uses is hereby amended by the addition of the following: "(3) Outside S-torage utilizing semi-trailers, other trailers, shipping containers or ~/ other non-structural enclosures for which a building permit is not required." Section 2. Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-23(D) Conditional Uses is hereby amended by the addition of the followino: "(3) Outside Storage utilizing semi-trailers, other trailers, shipping containers or other non-structural enclosures for which a building permit is not required." 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 £or 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. 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. Section 5. This Ordinance shall take e££ect 15 days after final publication. INTRODUCED, READ, AND to 0 on this 11th published in full in ADOPTED on first reading by a vote of 8 day of July 1994, ordered a newspaper of general circulation in the Ordinance No. Series of 1994 Page 2 City of Wheat Ridge and Public Hearing and consideration on final passage set for August 8 1994, 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 , 1994. SIGNED by the Mayor on this day of Wanda Sang, City Clerk 1st Publication: July 19, 1994 2nd Publication: Wheat Ridge Sentinel Effective Date:. <pc>ordoutsidestorage . 1994. DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY MEMORANDUM TO: q ~1~Y COUNCIL FROM:_.-.GLEN GIDLEY, DIRECTOR OF PLANNING & DEVELOPMENT RE: COUNCIL BILL FOR 1ST READING/CASE ZOA-93-5/OUTSIDE STORAGE. DATE: JULY 6, 1994 Please find attached a proposed Council Bill for 1st Reading that proposes to amend the Zoning Ordinance to regulate the use of semi-trailers and shipping containers as a means of achieving outside warehousing and storage. I have attached 3 memoranda from me to Planning Commission in order to provide you legislative history regarding this issue. The Council Bill submitted to you is consistant with that recommended by Planning Commission after they held a public hearing on this topic on March 3, 1994. M E M O R A N D U M TO: Planning Commission FROM: Glen Gidley, Director of Planning & Development RE: Outside Storage/Semi-trailer & Containers DATE: October 28, 1993 You may recall that last winter you reviewed a request for approval of several semi-trailers for storage purposes related to the Red Barn Furniture store located on West 44th Avenue near Harlan Street. The original request was for a Special Use Permit, however, the outcome was a one-year Temporary Use. After that case, it was noted that there was a need to address this issue in our commercial zone districts. The use of semi-trailers and shipping containers for outside storage and warehousing, while £rom a business perspective, provides flexible space, from a community standards point of view, adds undesirable clutter and industrial appearance to 'our business areas. Additionally, because there are no building permits required since these are not structures, .they are not required to meet setback requirements and may cause fire access problems if improperly located. There are several options for addressing these concerns: 1. Prohibit the use of semi-trailers, other mobile trailers and large shipping containers for storage and warehousing, except when needed as part of an ongoing construction project with a valid building permit. 2. Condi Tonal Use Permit could be required, which would give Planning Commission a chance to review and approve a site plan. 3. Special Use Permit could be required which would give both Planning Commission and City Council a chance to review a site plan and the use itself. _.. Please take the time to visit the following sites where such storage arrangements are currently in place and make mental notes as to the issues that you believe need to be considered in any legislation regarding this matter:,-After discussion at your November 4 meeting, I am hopeful that staff will have direction toward which option you would like us to set for public hearing. LOCATIONS' 1. Red Barn Furniture, West 44th & Ingalls Street (trailers) 2. Behind 7597 West 44th Ave., viewed from Teller Street (containers) 3. Behind 7650ish (antique store) West 44th Avenue (trailers) 4. Behind 10200 west 44th Avenue (Gash building) (trailers) GEG:slw M E M O R A N D U'M TO: ~ Planning Commission FROM:!_;{1 Glen Gidley, Director of Planning & Development RE: Case No. ZOA-93-5 - Outside Storage/Semi-trailers DATE: February 23, 1994 When this matter came before you for a Continued public hearing on February 3, you asked staff to develop additional language that would provide more administrative discretion in approving use of shipping containers and/or semi-trailers for outdoor storage and warehousing. You continued the case to March 3 for this purpose. For reference, I have attached my original memo of November 22, and a copy 6f the suggested•Council Bill. That Council Bili would amend the C-1 (Sec. 26-22) and C-2 (Sec. 26-23) zone district regulations to require a Conditional Use Permit (Planning Commission public hearing only) before such storage could occur. The Conditional Use Permit procedures set forth in Sec. 26-6(A) allows Planning Commission to impose specific site design and operational conditions to ensure compatibility and safety concerns are addressed. During .your February 3rd hearing, it was inferred that some level of "use by right" should be considered, thus staff could approve as .an "accessory use". The following language would allow as a Permitted Accessory Use, up to three shipping containers or trailers for storage upon property in the C-1 or C-2 zone districts, provided that they are screened from view from adjacent properties or streets. Sec_ ~r j~r"S ,~~~s i, ~,~y" ~i 26-22(C) and 26-23(C) 9. Shipping containers and semi-trailers or other trailers may be used for outside ,storage related to a business conducted upon the premises provided that no more than three (3) such containers and/or trailers in combination shall be allowed, and provided that such containers and/or trailers shall be placed behind buildings and screened by solid fencing so as to achieve maximum screening from view from adjacent properties and streets. The use of more than three containers or trailers could either be treated as a Conditional or Special Use Permit, or could simply be treated as a variance. Please consider these options, and any others that you may develop for the March 3rd continued hearing on this subject. GEG:slw <pc>ggmemo2/23 M E M O R A N D U M TO: P anning Commission FROM: Glen Gidley, Director of Planning & Development RE: Case No. ZOA-93-5/Outside Storage - Semi-trailers and Containers DATE: November 22, 1993 Based upon previous discussions regarding .this topic, staff has prepared the attached proposed Council Bill. In summary, the proposal is to enumerate (list) "Outside Storage within semi- trailers, other trailers, shipping containers or other non- structural enclosures for which a building permit is not required" as a Conditional Use in the C-1 and C-2 zone districts. This would permit such "Outside Storage" only upon approval by Planning Commission after a public hearing. The primary concerns for adopting such additional regulation are as follows: - 1. When placed where visible from public streets and/or adjacent properties, such practices can be distracting, blighting and generally undesirable clutter. 2. Placement of such trailers and/or containers is not regulated by the Building Code, therefore since a building permit cannot be required, encroachment into required yards, setbacks, parking and loading areas and fire lanes occurs. 3. In certain instances, due to specific site location or total surface area of such trailers and containers, drainage problems may occur that affect adjacent properties. SUGGESTED MOTION: I-move that Case No. ZOA-93-5 be approved and that the proposed Council Bill relating to Outside Storage Trailers and Containers be referred to City Council with our recommendation for approval. GEG:slw <pc>ggmemoll/22c Planning Commission Minutes March 3, 1994 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner ECKHARDT moved to approve £or the meeting of March 3, 1994 as pr JOHNSON seconded the motion. Motion 5. APPROVAL OF MINUTES Page Z order of the agenda Commissioner a s-o. Chairperson RASPLICKA noted n the sixth paragraph, sixth sentence, the word "devel ment" should be "develop". Also, on page 11, seventh paragr h, the word "asked" (following Mr. Lamkin) should be del ed. With those changes, Commissioner JOHNSON moved that e, minutes for the meeting of February 17, 1994- be approved ~s corrected. Commissioner ECKHARDT seconded the motion. Mot~~on carried 6-O, with Commissioners Owens and Qualteri abst ning. 6. No 7. V Mr FORUM (This is not appearing of the agenda the time for anyone to speak on any under Item 7, of the Public Hearing was present to speak at this time. PUBLIC HEARING 1.. Case No ZOA-93- _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. Gidley briefly reviewed his memorandum regarding this issue. Commissioner CERVENY asked to discuss the ramifications of each of the three options. Mr. Gidley explained that the proposed amendment, in bold print, would add as an accessory use in the C-1 and C-2 zone districts the ability to have three shipping containers, semi-trailers or other trailers to be used for outside storage related to a business conducted upon the premises. He added that use of more than three such storage containers could require a variance (through the Board of Adjustment and requiring a greater than majority vote) or a Conditional Use Permit (through Planning Commission and requiring a simple majority). Commissioner CERVENY moved that Planning Commission forward to City Council Case No. ZOA-93-5, a recommendation of Approval of the verbiage in bold print with the provision that use of more than three storage containers require a Conditional Use Permit. Commissioner OWENS seconded the motion. Motion carried 8-O. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO.: ZOA-93-5 APPLICANT(S) NAME: City o£ Wheat Ridge REQUEST: (`aca Nt~_ ZOA-93-5: A public proposed amendments to Wheat Ridge Code Zoning Ordinance, Subsections 26-22(D) the use of semi-trailers, other mobile LOCATION: City-wide hearing was held regarding of Laws, Chapter 26. and 26-23(D) relating to trailers and shipping containers £or the purpose of outside storage and warehousing. 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 OWENS that staff's proposed verbiage (bold print) be forwarded to City Council with a recommendation for Approval with the following provision: 1. Use o£ more than three (3) storage containers would require approval of a Conditional Use Permit. VOTE: Yes: Eckhardt, Qualteri, Owens, Rasplicka, Cerveny, Langdon, Crompton and Johnson 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 8~( vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 3rd Day of March, 1994. ~~ ~~~~~~ Jay Ra plicka, Chairperson Sandra Wiggins, etary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLAN G COMMISSION resozoa935 § 26.6 WFIEAT EIDGE CITY CODE Sec. 26.6. Legislative aad administrative pro• teas and procedures. This section sets forth the procedural and sub- stantative requirements which apply to the vaz- ious administrative and legislative processes es- tablished by this code, and as may be required by other city ordinances and/or state law, where ap- plicable. (A) Conditional Uses: Conditional uses are per- mitteduses which are subject to review to ensure that they are properly designed. developed, oper- ated and maintained so as to be appropriate for specific locations within a zone district wherein the conditional use is specitirally enumerated. The primary issues which the planning commission shall address are thdse special design consider- ations which mitigate potential detrimental im- pacts of a conditional use on surrounding land uses, the street systems. or public services or fa- cilities. Inorder to achieve compatibility, the plan- ning commission, and city council upon appeal, shall have the right to approve, approve with mod- ificatiahs, or deny a conditional use request. (1) Applicability. The requirements of this sub- sectionshall apply to all uses listed as "Con• ditional Uses" within any particular zone district. (2) Application (orm and revieru procedures: !al Prior to submitting any application for a conditional use permit, the applicant shall be required tc hold a neighbor- hood input meeting. iSee subsection (F)(1) for requirements.l (b) Conditional use applications may be originated only by the fee owners of the property or by his attorney or le- gally designated agent by power-of- attorney. (c) Application shall be submitted on forms provided by the department of plan- ningand development. and shall be ac- companied by a copy of the property deed, a certified boundary or improve- ment survey, and a fee of one hundred dolIazs x$100.001. (d) All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficienc detail to convey the full intent of the applicant in developing, oper- sting and maintaining the conditional use. The site plan shall meet the re- quirements of aTYPE ISITE PLAN as set forth in subsection (E)(1). (e) Upon receipt of a complete application packet, as described above, the plan- ning and development department shall proceed as follows: 1. Refer the application to affected public agencies for review and com- ment. 2. Within thirty (30) days of accep- tance of a completed application packet, give notice ot" a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection l F)(1). 3. Prepaze a written report and rec• ommendations to the planning commission, which evaluates the proposal and makes findings using the review criteria established in the following subsection (A)(3). f3) Criteria jor review. Before a conditional use is approved, the applicant shall show, and the planningcommission shall end. the pro- posed conditional use: (a) Will not have a detrimental effect upon the general health, welfaze, safety and convenience of persons residing or working in the neighborhood of the pro- posed use. (b) Will not adversely affect the adequate light and air, nor cause signil7canc air, water or noise pollution. (c) Is consistent with the comprehensive plan. (d) Will not result in undue traf[ic canges• tion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of per- sons whether on or off the site. (e) Wi11 be appropriately designed. in• cluding setbacks, heights, parking, Supp. 'No. 12 1690 ZONDIG AND DEVELOPMENT bulls, buffering, screening and land- scaping, so as to be in harmony and compatible with character of the sur- rounding areas and neighborhood, es- pecially with adjacent properties. (fl Will not overburden the capacities of the eaiatiag streets, utilities, parks, schools and other public facilities and services. (4) PLanningcommissioareuiem.Plann*rgcom- mission shall hear and consider any evi- dence or statement presented by the appli- cant, city staff, or by any person in attendance at the hearing. The planning commission shall then deride to approve, approve with conditions. or deny the appli• cation, basing its decision upon the facts presented in the public hearing in consid- eratian of the criteria for review as speci- tied in subsection ~3) above. PIanning com- mission may impose conditions or stipulations, which may include physical de• sign as well as operational and mainte- nance considerations, upon the conditional use in addition to standard development and use regulations which apply within a par• titular zone district or for a similar "per- milted use." Such conditions or stipula• tions may be imposed in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the conaitional use. (5) Appeal. An applicant. or any aggrieved property owner tivithin six hundred (600) feet of the subject property, may appeal the decision of the planning commission to city council by filing such appeal, along with an explanation far the appeal. with the Wheat Ridge City Clerk within ten 1101 working days after the date of,the planning commis• sion hearing. Upon such appeal, a public hearing shall be scheduled before the city council, following the same public notice requirements and procedures set forth for the planning commission hearing. City council, in addition to consideration of the planning commission record. shall hearad- ditional evidence and testimony presented, $ 268 and shall decide to ausr~ amend or reject the planning commission decision, with its decision being based upon aIl evidence pre- sentedand the planning comatia~on record, with due consideration of the criteria far review. ~ ~ (6) Enforcement. All Condit' and atipula- tiona imposed by the wmmiasioa or city councils taiaed ~ pm,. petuity with th s If at any time the stipulations o ono are not ad- hered to or are found to have been materi- ally altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the vi- olation~sl and the code enforcement officer shall initiate stanaarri enforcement proceed- ings. Suop. No. 13 1691 (B) Special Uses: Special uses are discretionary uses which aze clearly shown to be void or defi- dent in an azea and which, if properly designed, developed, operated and maintained, may be ap- proved for any specific location within a zone dis- trict wherein the special use is enumerated. Spe- cial uses are highly dependent upon proper design, management and operational aspects; therefore, such uses must be considered as a personal grant of use granted to the owner of the special use and not as a grant of a vested property right which transfers with the land or lease. The only time a special use permit may be transferred to a new owner without reapplying far approval is through inheritance by an heir. The primary issues which the oianning commission and city ccuncil shall address aze those related to justification of need and those special design and operational consid- erations which mitigate potential detrimental im• pacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, the plan• ning commission and city council shall have the right to approve, approve with modifications or deny a special use requesi and to revoke previ- ously approved special use permits pursuant to subsection (6) hereof. (1) applicability. The requirements of this sub- . section shall apply to all uses listed as "spe- cial uses" within the provisions set forth for any particulaz zone district. Supp. No. 12 1691 § 2&6 WfD;.4T RIDGE CITY CODE (2) Application form arzd review procedures: commission, which evaluates the (a) Prior to submitting any application for Proposal and makes findings using a s use the a hcant shall ~~ Perauk PP the following review criteria set be required to hold a neighborhood forth in subsection (3) below. input meeting (see subsection lF)(1) for (3) Criteria for review. Before a special use 1s requirements.) approved, the applicant shall show, and the (b) Special use applications shall be origi- planning commission and city council shall noted only by the prospective owner of find, the proposed special uses: the proposed special use, with written (a) Will meet a proven public need in that approval. of the fen owner of the prop- it will FiII a void in necessary services erty in cases where the owner of the , products or facilities especially appro. roe is different than the owner of P P ~ priate at the location proposed conaid- the proposed special use. Both the spe• , Bring available alternatives cial use owner and the land owner, or . (b) Will not have a detrimental effect u n their legal representatives. must be the general health, weiCaze. safet and y present at aII public heanngs. (c) Applicationsilallbesubzruttedoniorms convenience of persons residing or provided by the department of plan- workingin the neighborhood of the pro- ping and development and shall be ac- posed use. companied by a copy of the property (c) Will not create or contribute to bli ht deed, acertified survey and a fee of one in the neighborhood by virtue of phys- hundred dollars 1$100.00). ical or operational chazacteristirs otthe (d) All applications shall also be accpmpa• proposed use. Hied by a site development plan and (d) Will not adversely affect the ode vote additional written information in suf- light and air, nor cause significant air, (icient detail to convey the full intent water or noise pollution. of the applicant in developing, oper- (e) Is consistent with the comprehensive ating and maintaining the special use. plan. The site development plan shall meet (fl Will not result in undue traffic conges- the requirements of a Tvpe I site plan lion or traffic hazards, or unsafe as sec forth in subsectton 1E)(1) below. pazking, loading, service or internal ~e) Upon receipt of a complete application crafFc contlicts to the detriment of per• packet as described above, the plan- sons whether on or off the site. ping and development department (g) Will be appropriately designed, in• shall proceed with the following pro- cIuding setbacks, heights, parking, teas: bulk, buffering, screening and land- 1. Refer the application to affected scaping, so as to be in harmony and compatible with the chazacter of the public agencies for review and tom- surrounding azeas and neighborhood,. inept. 2. Within thirty (30) days of accep- especially with adjacent properties. lance of a cpmpleted application (h) Will not overburden the capacities of ' packet. give notice of a scheduled the existing streets, utilities, parks, public hearing on the application schools and other public facilities and by newspaper publication, letter services. notification and posting in the (41 Planning commission review: The planning manner as prpvided in subsectton commission shall hear and consider anv ev- i F)(1). idence or statement presented by the appli- 3. Prepare a written report and rec- cant, city staff, or by any person in atten- ommendations to the planning dance at the hearing. The planning Supp. No. 12 1692 ZONING AND § 26•B commission shall then make a recommen- of the violation(s) and the code enforcement dollop to city council to approve, approve officer shall investigate and, if appropriate, with conditions, or deny the application, initiate revocation proceedings which shall basing its recommendation upon the facts include the following. presented in the public hearing in consid- (a) Notaceofviolationfollowingpra:adores eration of the criteria for review as speci• as set forht for nuisances pursuant to bed in subsection t3) above. Planning cam- Wheat Ridge Code, Chapter 15. mission may recommend conditions or ni) Upon a fording of noncompliance by a stipulations, which may include physical de• code enforcement officer after the pre- sign as well as operational and mainte- scribed correction date, the zoning ad- nance rnnsiderations, upon the special use ministrator shall schedule a revoca- in addition to standard development and Lion heazing before the city council. use regulations wttich apply within a paz- " Such revocation hearing date shall be per- ticuiaz zone district or For a similaz set by city council after first reading of _ milted use." Such conditions or stipula- an ordinance therefor. The purpose of lions may be recommended in order to the revocation heazing sahll be Cor the ensure compliance with the criteria for re- city council to hear evidence concerning view, which. if not complied with, shall be the nature and extent of the alleged grounds for revocation of the special use. A noncompliance with the conditions of recommendation for denial shall be consid- the special use permit. The council ered final, unless the applicant files an ap- shall have the power, upon goad cause peal to city council. being shown, to cancel or revoke the (5) City council review. City council shall re- previously issued special use permit, view and decide upon all requests for spa- to require certain corrective measures cial uses upon recommendation of the plan- to be taken, andlor to direct the city's ping commission for approval or upon agents to enter upon the premises and appeal by an applicant of a recommenda- take corrective measures required by Lion for denial by the planning commission. the city council, and to modify the con- Special uses may only be approved by pas- ditions which apply to the special use sage of an ordinance, following the city's permit. Any revocation action shall be- .standard ordinance adoption procedures. come effective fifteen t151 days after Notice of public heazing shall be in the final publication of the ordinance. Any manner provided in subsection 26.6(F)(1). ocher action shall require a continu- City council, in addition to consideration of once of the public hearing to a specific the planning commission record, shall hear future date and a motion stipulating additional evidence and testimony pre- the specific corrective measures that sented, and either pass. pass with modifi- aze to be accomplished either by the cations, or deny the ordinance. its decision special use owner or by an agent of the being based upon all evidence presented, city within that time period. Upon the with due consideration of the criteria for date of the continued hearing, should review. the council find that the conditions and (6) Enforcement. All conditions and stipula- stipulations have not. been satisfacte- tidns imposed by city council shall bemain- rily met, council shall adopt the revo- tained in perpetuity with the special use. If cation ordinance. at any time the stipulations or conditions (7) Norzcorzformirzg special uses: Notwith- arenot adhered to or are found to have been standing the provisions of this section 26.7, materially altered in scope, application or any special use which is nonconforming to design, the zoning administrator shall no- the provisions of this subsection26.6(B) by tiCy a code enforcement officer of the nature way of not having received approval of a Supp. No. 1'l 1693 § 268 WHEAT RIDGE CITY CODE special use permit under prior rules and procedures shall +••~••,;,,A+~ or ahail other wise beceme conforming to these provisions within five (S) years of the date that such nonconforming statue became effed:ive. In addition, within this five~year amortiza- tion period no nonconforming special use shall changeownershipwithout WIIILo into conformance with this subsection 26.6iB). All other provisions of section 26.7 shall apply. Supp. Na. 12 1694 / F~,. CITY COUNCIL STUDY SESSION ML.., . ~~ CITY OF WHEAT RIDGE, COLORADO AUGUST 15. 1994 The City Council Study Session was called to order by Mayor Dan Wilde at 7:00 p.m. Councilmembers present: Vance Edwards, Jean D. Fields,,Ken Siler, Dennis Hall, Claudia Worth, and Donald Eafanti; Rae Jean Behm, absent. Also present: City Clerk, Wanda Sang; City Administrator, Robert Middaugh; City Attorney, Kathryn Schroeder; Director of Planning, Glen Gidley; staff; and interested citizens. Item 1. Discussion of Council Bill No. 63. TITLE: 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. Mr. Middaugh reviewed the Zoning Ordinance relating to the use of semi-trailers and shipping containers for the purpose of outside storage. Mrs. Worth stated they need to be regulated. The City has always taken pride in its commercial areas, and in looking around the city there are same that are not on the list. As it is now there be no automatic time limit under the Special Use Permit or Conditional Use Permit, both are revocable. When a person applies they should first have to go to the Board of Adjustment for a Temporary Use Permit, then at least there would be some incentive for people to do something else for storage. Council discussed the Conditional Use Permit, use by right, and agreed that semi- trailers should be used only temporarily. Construction trailers are exempt while a building permit is in effect. Consensus was 7-0 that Council Bill No. 63 be revised from a Conditional Use Permit to a Temporary Use Permit and the application would be considered by the Board of Adjustment, and that Council Bill No. 63 be brought back to City Council under first reading. Item No. 2. Discussion of Campaign Reform. Mrs. Schroeder presented background on the law relative to campaign reform as it now exists in the Code of Laws and made suggestions for amending the City Code, Section 7-23 and Section 7-26. AUGUST 15, 1994 7.00 p.m. Item 1. Discussion of Council Bill No. 63,. TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO TJSE OF SEMI-TRAILERS AND SHIPPING_CONTAINERS FOR THE PURPOSE OF OUTSIDE STORAGE. Item 2._ Discussion of_Campaign Reform. TENTATIVE AGENDA FOR AUGUST 22. 1994 P.H. Council 3i11 No. 66, an application by R & J Associates for approval of rezoning, at 11200 West 44th Avenue, Wheat Ridge, Case_ NO. TAZ-9a-5. CITY OF WHEAT RIDGE, COLORADO M E M O RAND U M TO: City Council FROM: Glen Gidley, Director of Planning & Development RE: Council Bill on 1st Reading - Zoning Ordinance Amendment regarding Outside Storage DATE: February 22, 1995 The attached Council Bill is submitted for 1st Reading on February 27, with a suggested 2nd Reading and public hearing March 27. This item was discussed by Council at a study session held August 15,1994 and is consistent with the consensus that came from that discussion. It was not scheduled immediately due to-full meeting schedules and higher priorities. In summary, the proposed revisions would amend both the C-1 and C-2 zone districts, under Accessory Uses & Structures, to specifically require a Temporary Use Permit for-such storage methods. GEG:slw attachment c:\wp60\cc\gg22295.mem 4 INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 9 ORDINANCE NO. 9Qq _ . Series of 1995 .. TITLE: 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26. Zoning Ordinance, Section 26-22 (C) Permitted Accessory Uses and Accessory Buildings is hereby amended by the addition of the following: '~ (9) TEMPORARY OUTSIDE STORAGE UTILIZING SEMI-TRAILERS, OTHER TRAILERS, SHIPPING CONTAINERS OR OTHER NON-STRUCTURAL ENCLOSURES FOR WHICH A BUILDING PERMIT IS NOT REQUIRED SHALL ONLY BE ALLOWED AS A TEMPORARY IISE, APPROVED PURSUANT TO SECTION 26-6(D) ANY TEMPORARY USE PERMITS GRANTED BY THE BOARD OF ADJUSTMENT FOR SIICH OUTSIDE STORAGE METHODS, SHALL REQUIRE A SIX (6) FOOT HIGH VIEW OBSCURING SCREEN OR FENCE AROUND THE TRAILERS OR CONTAINERS SO AS TO MINIMIZE VISUAL IMPACTS TO SURROUNDING PROPERTIES AND STREETS. ANY EXISTING OUTSIDE STORAGE TRAILERS OR CONTAINERS SHALL BE REMOVED OR OTHERWISE COME INTO CONFORMANCE WITH THESE PROVISIONS BY JULY 1,'1996." Section 2. Wheat Ridge Code of Laws,. Chapter 26. Zoning Ordinance, Section 26-23 (C) Permitted Accessory Uses and Accessory Buildings is hereby amended by the addition of the following: " (7) TEMPORARY OUTSIDE STORAGE UTILIZING SEMI-TRAILERS, OTHER TRAILERS, SHIPPING CONTAINERS OR OTHER NON-STRUCTURAL ENCLOSURES FOR WHICH A BUILDING PERMIT IS NOT REQUIRED SHALL ONLY BE ALLOWED AS A TEMPORARY USE, APPROVED PURSUANT TO SECTION 26-6(D). ANY TEMPORARY IISE PERMITS GRANTED BY THE BOARD OF ADJUSTMENT FOR SIICH OUTSIDE STORAGE METHODS, SHALL REQUIRE A SIX (6) FOOT HIGH VIEW OBSCURING SCREEN OR FENCE AROUND THE TRAILERS OR CONTAINERS SO AS TO MINIMIZE VISIIAL IMPACTS TO SURROUNDING PROPERTIES AND STREETS. ANY EXISTING OUTSIDE STORAGE TRAILERS OR CONTAINERS SHALL BE REMOVED OR OTHERWISE COME INTO CONFORMANCE WITH THESE PROVISIONS BY JULY 1, 1996." Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordihance 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. 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. Ordinance No. 943 - _ _ Page 2 Series of 1995 _ -___ Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is-found Eo 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 6 to 0 on this 27th day of February 1995, 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 Monday, March 27 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. -_ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 this 27th day of March 1995._ SIGNED by the Mayor on this 28th day of March 1995. ~i{ / ~ DAN WILDE~MP.Y R ~ _- ~ ILN~-,~~ ,+~_ ~ Wanda Sang, City Clr r APPROVED AS T FORM BY CITY ATTORNEY KATHRY SC ROED R, CITY ATTORNEY 1st Publication: March 9, 1995 2nd Publication: April 6, 1995 Jefferson Sentinel Effective Date: April 21, 1995 <ord>outsidst.ord /~ INTRODUCED BY COUNCIL MEMBER tY`/ Council Bill No. ORDINANCE NO. Series of 1995 TITLE: 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat„Ridge Code of Laws, Section 26. Zoning Ordinance, Section 26-22 (C) Permitted Accessory Uses and Accessory Buildings is hereby amended by the addition of the following: " (9) TEMPORARY OUTSIDE STORAGE UTILIZING SEMI-TRAILERS, OTHER TRAILERS, SHIPPING CONTAINERS OR OTHER NON-STRIICTIIRAL BNCLOSIIRES FOR WHICH A BUILDING PERMIT IS NOT REQUIRED SHALL ONLY BE ALLOWED AS A TEMPORARY IISE, APPROVED PURSUANT TO SECTION 26-6(D). ANY TEMPORARY IISE PERMITS GRANTED BY TH8 BOARD OF ADJUSTMENT FOR SUCH OUTSIDE STORAGE METHODS, SHALL REQIIIRE A SIX (6) FOOT HIGH VIEW OBSCURING SCREEN OR FENCE AROUND THE TRAILERS OR CONTAINERS SO AS TO MINIMIZE VISIIAL IMPACTS TO SURROUNDING PROPERTIES AND STREETS. ANY EXISTING OIITSIDE STORAGE TRAILERS OR CONTAINERS SHALL BE REMOVED OR OTHERWISE COME INTO CONFORMANCE WITH THESE PROVISIONS BY JULY 1, 1996.° Section 2. Wheat Ridge Code of Laws, Chapter 26. Zoning Ordinance, Section 26-23 (C) Permitted Accessory Uses and Accessory Buildings is hereby amended by the addition of the following: "~ (7) TEMPORARY OUTSIDE STORAGE UTILIZING SEMI-TRAILERS, OTHER TRAILERS, SHIPPING CONTAINERS OR OTHER NON-STRIICTURAL ENCLOSURES FOR WHICH A BUILDING PERMIT IS NOT REQUIRED SHALL ONLY BE ALLOWED AS A TEMPORARY IISE, APPROVED PURSUANT TO SECTION 26-6(D). ANY TEMPORARY USE PERMITS GRANTED BY THE BOARD OF ADJUSTMENT FOR SIICH OIITSIDS STORAGE METHODS, SHALL REQIIIRE A SIX (6) FOOT HIGH VIEW OBSCURING.SGREEN•OR FENCE AROUND THE TRAILERS OR CONTAINERS SO AS TO MINIMIZE VISIIAL IMPACTS TO SURROUNDING PROPERTIES AND STREETS. ANY EXISTING OUTSIDE STORAGE TRAILERS OR CONTAINERS SHALL B8 REMOVED OR OTHERWISE COME INTO CONFORMANCE WITH THESE PROVISIONS BY JULY 1, 1996." 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. 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. Ordinance No. Page 2 Series of 1995 _ Section 5. 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 1995, 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- , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,-Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a. vote of to this day of ,_1995_. SIGNED by the Mayor on this Wanda Sang, City Clerk 1st Publication: 2nd Publication: Jeffers6n~Sentinel Effective Date: <ord>outsidst.ord day of 1995. __ DAN WILDE, MAYOR APPROVED AS. TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY