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HomeMy WebLinkAboutZOA-01-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 23-2001 Ordinance No. 1233 Series of 2001 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State- of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027\373368.02 -1- or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. A. Permitted Uses: Public Property Permitted primary uses for properties owned by the City, the State of Colorado, the United States or by any agency of the same, or any park or recreation district: a. Open space b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. hard or soft surface pedestrian or equestrian trails b. parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces and in no event closer than 3,000 feet from any other such parking lot c. public restrooms d. signs and information kiosks e. benches, picnic tables and shelters f. wildlife observation decks and platforms, not including boat docks B. Permitted Uses: Private Property a. Open space CNB\53027\373368.02 -2- b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for private properties governed by this subsection B must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. benches, picnic tables and shelters b. wildlife observation decks and platforms, not including boat docks C. Prohibited Uses: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: a. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located Within a Conservation District, except for noxious weeds as defined in state statutes. Section 2. Section 26-201 of the Wheat Ridge Code of Laws. is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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 CNB\53027\373368.02 -3- 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' Conflicting Ordinances Repealed., If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 8th day of October , 2001, 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 November 26 2001, 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 5 to 4 , this 26th day of November 2001. SIGNED by the Mayor on this 27th day of November , 2001. ATTEST , VJ1~A c OCerveny, -RA Wanda Sang, City A To Form pm d td E. Dahl, City Attorney First Publication: October 11,2001 Second Publication: November 29, 2001 Wheat Ridge Transcript Effective Date: December 14, 2001 CNB\53027\373368.02 -4- CITY COUNCIL MINUTES: November 26, 2001 Page - 2 - Item 2. Council Bill 23-2001 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, by the addition of Section 26-221.5, establishing a New Zone District, the Conservation Zone District, and in connection therewith amending Section 26-201 to add said District to the list of Zone Districts. (Case No. ZOA-01-01) Council Bill 23-2001 was introduced on second reading by Mr. Hanley, who also read the title and summary. Clerk assigned Ordinance 1233. Mr. White presented the staff report. Ron Selstad, real estate broker, 2009 Wadsworth Blvd., spoke in favor of the Ordinance. He stated that this Ordinance allows private landowners to contribute to the natural resources of the City at no expense to the City. A lot of people want to buy homes next to natural areas. Motion by Mr. Hanley to approve Council Bill 23-2001 (Ordinance 1233), Case No. ZOA-01-01, on second reading; seconded by Mr. Edwards. Mr. Gokey will vote against this Ordinance; after extensive research on the Internet and finding many habitats, none of them were privately owned. If the word "private" would be struck out of this, he would support it. Mr.,Mancinelli will vote against this Ordinance; there is a limited amount of property that this will encompass; seems like we are passing a bill for special interest, he finds that very troublesome. Mr. Schneider will vote against this Ordinance because as written, there isn't adequate protection for the neighboring properties. Motion by Mr. Schneider for an amendment that Section 15-23 will be applicable, seconded by Mr. Mancinelli; tied 4-4 with Councilmembers Gokey, Mancinelli, Rotola, and Schneider voting yes. Mayor broke the tie by voting no. Motion failed 5-4. Vote on original motion tied 4-4 with Councilmembers Edwards, DiTullio, Hanley, and Figlus voting yes. Mayor broke the tie by voting yes. Motion carried 5-4. Of aiHEgT - REQUEST FOR COUNCIL ACTION X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Chapter 26 by the addition of Section 26-221.5, establishing a new zone district, the Conservation Zone District. SUMMARY AND BACKGROUND: Council requested the creation of this zone district. Planning Commission recommended approval at its hearing on July 19, 2001. Several changes were suggested by Planning Commission and these were incorporated into the ordinance. ATTACHMENTS: 1. Council Bill No. 2. Alan White memo's of 5/29/01 & 6/14/01 STAFF RECOMMENDATION: Approval ORIGINATED BY: City Council Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RESPONSIBLE: Alan White, Planning And Development Director SUGGESTED MOTION: "I move to approve Council Bill No. 01, on second reading." Case No. ZOA 01- C:\MyFiles\WPFOe \Projects\zoning amendments cons dirt cc action 2nd.wpd OF WHEgl City of Wheat Ridge Po Planning and Development Department m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Conservation Zone District DATE: May 29, 2001 At the hearing to consider this new zone district on May 17s`, the Commission requested a comparison of the Public Facilities and Conservation zone districts. The Public Facilities district is established to provide a zoning classification for property devoted to public or quasi public buildings and facilities, recognizing that such uses are unique, but should still be subject to land use regulation. Permitted uses in the district include parks, schools and governmental and quasi-governmental buildings, fire stations and public utility buildings with no outdoor storage; special uses include governmental and quasi-governmental buildings, fire stations and public utility buildings with outdoor storage. The Conservation district is established to provide a zoning classification for natural areas held in an undeveloped state by individuals, corporations or governments for natural resource and conservation purposes. Permitted uses are established for public and private property and include open space, wildlife habitat, scenic view corridors, and riparian habitat. Accessory uses are allowed only in publicly held conservation areas and these include trails, parking lots, restrooms, signs and information kiosks, and benches and picnic tables. The difference in the districts is in the intent. The Conservation district is intended for areas that are to remain relatively undeveloped and used for passive recreation, with only minimal improvements such as trails and benches. Any areas proposed for active recreation with major improvements or facilities, such as ball fields or recreation centers, are properly located in the Public Facilities district. Such improvements are not permitted in the Conservation district. C:\MyFiles\WPFiles\CODE\cons & pf distwpd OE WHEAT City of Wheat Ridge Po Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director lpv i i SUBJECT: Conservation Zone District ~M1 DATE: June 14, 2001 At the hearing to consider this new zone district on May 17', the Commission requested a comparison of the Public Facilities and Conservation zone districts. The Public Facilities district is established to provide a zoning classification for property devoted to public or quasi public buildings and facilities, recognizing that such uses are unique, but should still be subject to land use regulation. Permitted uses in the district include parks, schools and governmental and quasi-governmental buildings, fire stations and public utility buildings with no outdoor storage; special uses include governmental and quasi-governrental buildings, fire stations and public utility buildings with outdoor storage. The Conservation district is established to provide a zoning classification for natural areas held in an undeveloped state by individuals, corporations or governments for natural resource and conservation purposes. Permitted uses are established for public and private property and include open space, wildlife habitat, scenic view corridors, and riparian habitat. Accessory uses are allowed only in publicly held conservation areas and these include trails, parking lots, restrooms, signs and information kiosks, and benches and picnic tables. The difference in the districts is in the intent. The Conservation district is intended for areas that are to remain relatively undeveloped and used for passive recreation, with only minimal improvements such as trails and benches. Any areas proposed for active recreation with major improvements or facilities, such as ball fields or recreation centers, are properly located in the Public Facilities district. Such improvements are not permitted in the Conservation district. C:WyFiles\WPFiles\CODE\cons & pf distwpd CITY COUNCIL MINUTES: October 8, 2001 Page - 4 - Motion by Mrs. Shaver that Council Bill 21-2001 be approved on first reading, ordered published, public hearing be set for Monday, November 26, 2001 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. DiTullio; carried 8-0. Item 6. Council Bill 22-2001 - An Ordinance amending Chapter 16 of the Wheat Ridge Code of Laws by amending Article X concerning Massage Parlors and by the addition of Article XI concerning Massage Therapy Practice. Council Bill 22-2001 was introduced on first reading by Mr. DiTullio, who also read the title, summary and background. Motion by Mr. DiTullio.that Council Bill 22-2001 be approved on first reading, ordered published, public hearing be set for Monday, October 22, 2001 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. Item 7. Council Bill 23-2001 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, by the addition of Section 26-221.5, establishing a New Zone District, the Conservation Zone District, and in connection therewith amending Section 26-201 to add said District to the list of Zone Districts. Council Bill 23-2001 was introduced on first reading by Mrs. Worth, who also read the title, summary and background. Motion by Mrs. Worth that Council Bill 23-2001 be approved on first reading, ordered published, public hearing be set for Monday, November 26, 2001 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Shaver; carried 6-2 with Mr. Gokey and Mr. Mancinelli voting no. M�• • A,, F6 0 e A * v O REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Chapter 26 by the addition of Section 26-221.5, establishing anew zone district, the Conservation Zone District. SUMMARY AND BACKGROUND: Council requested the creation of this zone district. Planning Commission recommended approval at its hearing on July 19, 2001. ATTACHMENTS: i 1. Council Bill No. Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: Alan White, Planning And Development Director STAFF RESPONSIBLE: Alan White, Planning And Development Director SUGGESTED MOTION: "I move to approve Council Bill No. , Case No. ZOA 01- 01, on first reading, ordered published, public hearing set for Monday, November 26, 2001 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C:\MyFiles\WPFiles\Pmjects\zoning amendments\cons disc cc istwpd DRAFT 07/20/01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027\373368.02 -1- or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. A. Permitted Uses: Public Property Permitted primary uses for properties owned by the City, the State of Colorado, the United States or by any agency of the same, or any park or recreation district: a. Open space b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. hard or soft surface pedestrian or equestrian trails b. parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces and in no event closer than 3,000 feet from any other such parking lot c. public restrooms d. signs and information kiosks e. benches, picnic tables and shelters f. wildlife observation decks and platforms, not including boat docks B. Permitted Uses: Private Property a. Open space CNB\53027\373368.02 -2- b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for private properties governed by this subsection B must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. benches, picnic tables and shelters b. wildlife observation decks and platforms, not including boat docks C. Prohibited Uses: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: a. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District, except for noxious weeds as defined in state statutes. Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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 CNB\53027\373368.02 -3- 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' Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2001, 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 2001, 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 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Approved As To Form Gerald E. Dahl, City Attorney CW53027\373368.02 -4- Wheat Ridge Transcript Effective Date: CNB\53027\373368.02 -5- City of Wheat Ridge Planning and Development Department Memorandum TO: Scott D. Staples, City Manager FROM: Alan White, Planning and Development Director SUBJECT: Conservation Zone District DATE: August 14, 2001 4() At the hearing adopting the revised Chapter 26, under elected Officials Matters, Council by consensus directed staff to develop regulations creating a new zone district to be called the Conservation zone district. No other direction or description of what was to be included in the district was discussed. Jerry Dahl and I prepared an ordinance. The district has been discussed with Planning Commission and changes have been recommended. On July 19`s the Planning Commission recommended adoption of the ordinance creating the district. Several additions were recommended and these are included in the attached ordinance. Also attached are the various memoranda prepared for the Planning Commission. There were questions at the hearing recommending the adoption about the intent of the district and if the Planning Commission addressed what Council wanted. I am not sure that they have. I need clarification from Council as to the intent and purpose of the Conservation zone district prior to scheduling any ordinance before Council. Please advise. C:\MyFiles%WPFiles\Pmjects\zoning amendme=kcons list cm.wpd 6. PUBLIC FORUM There was no one to appear before the Commission PUBLIC HEARING A. Case No. ZOA-01-01: (continued from July 5, 2001) - An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. Alan White reviewed the staff report comparing the public facilities and conservation zone districts. Commissioner BRINKMAN inquired as to the intent of the ordinance Alan White explained that when Chapter 26 was adopted, Council gave direction to staff to come up with regulations for a conservation zone district. No other direction was given. Since it is a change to Chapter 26, the Planning Commission is to review it and forward recommendations to City Council. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District be recommended to City Council for approval. Commissioner SNOW offered a friendly amendment to item "e" under Permitted Accessory Uses to read "benches, picnic tables, and shelters. The amendment was accepted by Commissioner COLLINS. Commissioner SNOW offered a friendly amendment to add item "F" under Permitted Accessory Uses to read: f. Wildlife observation decks and platforms not to include boat docks. The amendment was accepted by Commissioner COLLINS. Commissioner SNOW offered a friendly amendment to item "b" under Permitted Accessory Uses to read: parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces and, in no event closer than 3000linearfeetfrom any other parking lot. The amendment was accepted by Commissioner COLLINS. Commissioner BRINKMAN expressed concern that this ordinance is too limited to be applied to private property. The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the following language be added to B. Permitted Uses: Private Property: Permitted accessory uses for private properties governed by this subsection B must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: The following uses should be listed under this Planning Commission Page 2 July 19, 2001 section: benches, picnic tables and shelters; and wildlife observation decks and platforms not to include boat docks. Further, under C. Prohibited Uses: Change the language to read: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. The motion passed 6-0 with Commissioner THOMPSON and MILLER absent. Commissioner COOPER offered a friendly amendment to the original motion by Commissioner COLLINS that language be added under G. Additional Requirements, (a) as follows: within a Conservation District except for noxious weeds as defined in state statutes. The amendment was accepted by Commissioners COLLINS and SNOW. The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Discussion of Residential Setback Standards (ZOA-01-02) Alan White presented this matter and reviewed the staff report of June 14, 2001, regarding changes recommended by the Wheat Ridge United Neighborhoods to revise the required minimum side and rear yard setbacks in the residential zone districts; and to eliminate the exceptions to setbacks in Section 26-611. It was the recommendation of staff that the residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be consistent among the same uses in different zone districts; that the five-feet per story additional setback should be used sparingly; and that the setback exceptions should remain. Commissioner SNOW stated that she did not believe any side yard setbacks should ever be less than five feet. Chair McNAMEE stated her opinion that front porches which are not enclosed should be allowed to encroach into a setback. She expressed concern that the R-1 C zone district has smaller lots and severe setback restrictions would make it impossible for homeowners to expand their houses. Commissioner BRINKMAN stated she would not have a problem with more restrictive setbacks for new construction and less restrictive setbacks for a "pop-top" to an existing structure. Alan White commented that he would interpret the provision allowing an addition to be built in-line with the existing wall to mean vertically as well as horizontally. Planning Commission Page 3 July 19, 2001 Chair MCNAMEE asked if there were others present who wished to address this matter. There was no response. It was moved by Commissioner THOMPSON and seconded by Commissioner WEISZ to approve Case No. SUP-01-01, a request for approval of a special use permit by Karl Koch to allow a congregate care facility on R-C zoned property at 4415 Jay Street, for the following reasons: 1. The proposed SUP will fill a demand for housing alternatives for the elderly. 2. The request is consistent with the comprehensive plan. 3. The proposed special use is a better alternative for the neighborhood than commercial uses. With the following conditions: 1. The permit run with the land in perpetuity. 2. The management of the facility shall remain in accordance with the applicant's Exhibit `C'. Any deviation from Exhibit `C' shall require renewal of the special use permit. 3. The site plan shall be modified to reduce the curb cut from 57 feet to no more than 35 feet with the remaining 22 feet in mountable curb with appropriate painting and striping. 4. This facility will be a 14-room facility with a maximum of 16 residents plus a live- in manager. The motion passed 5-0 with Commissioners COOPER, MILLER and SNOW absent. B. Case No. ZOA-01-01: (continued from June 21, 2001) An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. It was moved by Commissioner COLLINS and seconded by Commissioner WEISZ that Case No. ZOA-01-01 be continued to the Planning Commission meeting of July 19, 2001. The motion passed 5-0 with Commissioners COOPER, MILLER and SNOW absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Discussion of Residential Setback Standards (ZOA-01-02). (This item was postponed to the next meeting of the Planning Commission on July 19, 2001 by an earlier motion.) Planning Commission Page 4 July 5, 2001 ~ OF WHEgr City of Wheat Ridge Po U t`1 Planning and Development Department COCORN OO Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Conservation Zone District ~Ml DATE: June 14, 2001 At the hearing to consider this new zone district on May 17', the Commission requested a comparison of the Public Facilities and Conservation zone districts. The Public Facilities district is established to provide a zoning classification for property devoted to public or quasi public buildings and facilities, recognizing that such uses are unique, but should still be subject to land use regulation. Permitted uses in the district include parks, schools and governmental and quasi-governmental buildings, fire stations and public utility buildings with no outdoor storage; special uses include governmental and quasi-governmental buildings, fire stations and public utility buildings with outdoor storage. The Conservation district is established to provide a zoning classification for natural areas held in an undeveloped state by individuals, corporations or governments for natural resource and conservation purposes. Permitted uses are established for public and private property and include open space, wildlife habitat, scenic view corridors, and riparian habitat. Accessory uses are allowed only in publicly held conservation areas and these include trails, parking lots, restrooms, signs and information kiosks, and benches and picnic tables. The difference in the districts is in the intent. The Conservation district is intended for areas that are to remain relatively undeveloped and used for passive recreation, with only minimal improvements such as trails and benches. Any areas proposed for active recreation with major improvements or facilities, such as ball fields or recreation centers, are properly located in the Public Facilities district. Such improvements are not permitted in the Conservation district. CAMyFiles\WPFiles\CODE\cons &pfdist.wpd 1 ,1 OF WHEgT City of Wheat Ridge Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Conservation Zone District DATE: May 29, 2001 At the hearing to consider this new zone district on May 171, the Commission requested a comparison of the Public Facilities and Conservation zone districts. The Public Facilities district is established to provide a zoning classification for property devoted to public or quasi public buildings and facilities, recognizing that such uses are unique, but should still be subject to land use regulation. Permitted uses in the district include parks, schools and governmental and quasi-governmental buildings, fire stations and public utility buildings with no outdoor storage; special uses include governmental and quasi-governmental buildings, fire stations and public utility buildings with outdoor storage. The Conservation district is established to provide a zoning classification for natural areas held in an undeveloped state by individuals, corporations or governments for natural resource and conservation purposes. Permitted uses are established for public and private property and include open space, wildlife habitat, scenic view corridors, and riparian habitat. Accessory uses are allowed only in publicly held conservation areas and these include trails, parking lots, restrooms, signs and information kiosks, and benches and picnic tables. The difference in the districts is in the intent. The Conservation district is intended for areas that are to remain relatively undeveloped and used for passive recreation, with only minimal improvements such as trails and benches. Any areas proposed for active recreation with major improvements or facilities, such as ball fields or recreation centers, are properly located in the Public Facilities district. Such improvements are not permitted in the Conservation district. C: MyFi WWPFiles\CODMcons & pf disLwpd With the following condition: The total square footage for the proposed sign shall not exceed 189 square feet. In response to a question from Commissioner COLLINS, Alan White stated that the sign would be lighted. Commissioner THOMPSON stated that she would vote in favor of the motion because the sign should attract desirable tenants to Wheat Ridge. Chair McNAMEE asked for clarification as to whether a super-majority vote would be required on this matter. Alan White stated that it would not, since it is an amendment to a final development plan. Commissioner COLLINS indicated he would vote against the motion because the condition which required removal of the sign if Bolle was no longer located on the premises was not adhered to. The motion passed 5-1 with Commissioner COLLINS voting no and Commissioner MILLER absent. Case No. ZOA-01-01: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. IF This case was presented by Alan White. He reviewed the staff report and asked for Commission's discussion which included: • Should nesting boxes be included in natural habitat areas under primary uses. • Should bridges be included along with equestrian/pedestrian trails under accessory uses. • Should bike racks be included under accessory uses. • Should pavilions be included with benches and picnic tables. • Criteria should be developed for determining the amount of parking spaces. Commissioner THOMPSON made a request that the city address a noxious weed ordinance at some time in the future. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that this matter be continued to the meeting on June 7, 2001, in order for staff to clarify the difference between what belongs in the public facilities district, what belongs in the conservation district, and whether all kinds of activities and structures have been covered pp that would be properly included in a conservation district; and further that the section on weeds not exempt noxious weeds as defined in state statutes. The motion passed 6-0 with Commissioner MILLER absent. 8. OLD BUSINESS There was no old business to come before the Commission. Planning Commission Page 9 May 17, 2001 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION May 17, 2001 Case No. ZOA-01-01: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. (Please Print) Name Address In Favor/Opposed nr 0 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 17, 2001, at 7:30 p.m. in the City Council Chambers of the Municipal Building 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: Case No. ZOA-01-01: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: May 11, 2001 Wheat Ridge Transcript Q\Kadiy\PCRPTS\PLANGCOMPUBHRGkO i 0517pnb2.wpd OF WHEATP City of Wheat Ridge o Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director opo~ SUBJECT: Conservation Zone District vw~ DATE: May 8, 2001 Attached is the ordinance establishing the Conservation Zone District. The district may be designated in one of two ways, as either public or private conservation zone district, as requested by the Planning Commission. Publicly owned land zoned conservation district allows a slightly higher level of improvements than the privately owned land. This provision is intended to encompass the potential zoning of the greenbelt in this zone district. Because the City has not adopted regulations pertaining to noxious weeds, no reference to noxious weeds is contained in the weed exception section. Q\MyFiles\WPFiies\Pmjects\zoning amendments\cons distwpd DRAFT 05/03/01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027\373368.02 -1- or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. A. Permitted Uses: Public Property Permitted primary uses for properties owned by the City, the State of Colorado, the United States or by any agency of the same, or any park or recreation district: a. Open space b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly assessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. hard or soft surface pedestrian or equestrian trails b. parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces c. public restrooms d. signs and information kiosks e. benches and picnic tables B. Permitted Uses: Private Property a. Open space b. Wildlife habitat c. Scenic view corridors CNB\53027\373368.02 -2- d. Riparian habitat e. Underground utility lines f. Perimeter fencing C. Prohibited Uses: All uses not classified as Permitted Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: a. Section 15-23 of the Wheat "Weed Control" shall not be within a Conservation District. Ridge Code of Laws, entitled applicable to properties located Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. CNB\53027\373368.02 -3- INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2001, 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 , 2001, 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 , 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: CNB\53027\373368.02 -4- DRAFT 04/24/01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027\373368.02 -1- or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. A. Permitted Uses: Public Property Permitted primary uses for properties owned by the City, the State of Colorado, the United States or by any agency of the same, or any park or recreation district: a. Open space b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly assessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. hard or soft surface pedestrian or equestrian trails b. parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces c. public restrooms d. signs and information kiosks e. benches and picnic tables B. Permitted Uses: Private Property a. Open space b. Wildlife habitat c. Scenic view corridors CNB\53027\373368.02 -2- d. Riparian habitat e. Underground utility lines f. Perimeter fencing C. Prohibited Uses:. All uses not classified as Permitted Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: a. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District. [provided, however, that section entitled "Noxious Weeds," shall continue to apply] Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. CNB\53027\373368.02 -3- Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2001, 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 , 2001, 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 , 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: CNB\53027\373368.02 -4- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State • Colorado organized s • as a home rule municipality pursuant to Article XX of,the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant • section 1.3 of the Charter, the City has all the power • local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals • general welfare of the community; and I WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: A=tapPasnd Purpose: This district is established to provide mc zoning classification for natural areas held by individuals, CNB1530271373368.02 -1- corporations or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. Permitted primary uses for properties owned by the City, the State • Colorado, the United States or ♦ any agency of the same, or any it • recreation district: IP it C. Scenic view corridors d. Riparian habitat e. Underground utility .lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly assessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: • signs and information kiosks f1w (C. 'tab B. Permit red UsZsMrivate Pr�� g--y I 10IMENOWWWWOM CNB\53027\373368.02 -2- e. Underground utility lines f. Perimeter fencing a. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District, [erovided, however, that section entitled "Noxious Weeds," shall continue to apply). Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amendelo �*y the addition of the following, which shall be listed directly after "Architectu% Vesign Overlay District (ADO)": Section 4. Severability; Conflictinq Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. CNBX530271373368.02 -3- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to , this day of ,2001. SIGNED by the Mayor on this day of Wanda Sang, City Clerk 13 Gerald E. Dahl, City Attorney First Publication: Second Publication: 1 Wheat Ridge Transcript Effective Date: CN8\53027\3733W02 -4- 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 April 5, 2001, at 7:30 p.m. in the City Council Chambers of the Municipal Building 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: Case No. ZOA-01-01: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: March 30, 2001 Wheat Ridge Transcript Q\Kathy\PCRPTS\PLANGCOM\PUBHRG\010405pub2.wpd MEMORANDUM TO: Mayor and City Council Planning Commission City Affairs Committee FROM: Gerald E. Dahl, City Attorney Alan White, Director of Planning and Development DATE: March 20, 2001 RE: Proposed Conservation Zone District City Council has requested a draft proposed Conservation District as a new zone district within Chapter 26. The attached ordinance is that draft. The proposed new district regulations are quit short in view of the purpose of the district. The district is proposed to be available to any private or public owner of a parcel of property of one acre or more. Permitted uses are open space, wildlife habitat, scenic view corridors, riparian habitat, underground utility lines and perimeter fencing. All other uses are prohibited. The ordinance provides that the City's weed control ordinance does not apply within the Conservation District. GED/mmw GED\53027\283435.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows: Section 26-221.5 Conservation District. A. Intent and Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. B. Permitted Uses: CNB\53027\373368.01 -1- DRAFT 3/20/2001 1. Open space. 2. Wildlife habitat. 3. Scenic view corridors. 4. Riparian habitat. 5. Underground utility lines. 6. Perimeter fencing. C. Prohibited Uses: All uses not classified as Permitted Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: 1. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District. Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. CNB\53027\373368.01 -2- DRAFT 3/20/2001 Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2001, 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 , 2001, 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 , 2001. SIGNED by the Mayor on this day of , 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: CNB\53027\373368.01 -3- DRAFT 3/20/2001