HomeMy WebLinkAboutZOA-99-02INTRODUCED BY COUNCIL MEMBER SILER
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Council BillNo. OS
Ordinance No'. 1183
Series of 2000
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF
AMENDMENTS AND ADDITIONS TO SECTION 26-30 (N) OF
ZONING ORDINANCE FOR THE CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO (ZOA-99-02)
WHEREAS, Section 26-30 (N) of the Wheat Ridge Code of Laws contains regulations for the
Access to Public Streets; and
WHEREAS, the Council wishes to amend the section as a result of recommendations of the
Wheat Ridge Planning Commission.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 26-30(N) of the Wheat Ridge Code of Laws is hereby amended as
follows:
Section 26-30(N)' Access to Public Streets:
(N) Access to Public Streets: No building permit or certificate of occupancy shall be issued- or
approved for any structure nat adjaee.-A to a G .11 width dedicated street as required itt the s4divisio
which
does not have access to a public street as provided below:
(1) When the lot upon which a structure is built or to be built is adjacent to a full
width public street, vehicular access to the street shall be provided according to the
requirements of Section 26-31 (c)(6).
(2) When the lot upon which the structure is built or to be built is not adjacent to a
full width public street as required in the subdivision regulations of the City of
Wheat Ridge or in a situation where such requirement cannot be met, easement(s)
or private roadway(s) of record having a minimum width of twenty-five (25) feet
shall be provided.
For residential uses, no more than four (4) dwelling units may use the same recorded easement or
private roadway of record. For nonresidential uses in residential zone districts, no more than ten
thousand (10,000) square feet of gross floor area, either individually or in combination, will be
permitted to use the same easement or private roadway. Commercial and industrial uses will be
permitted such private easements or roadways only after review and approval by the public works
director, planning and development director and fire district. All private easements or roadways shall
be designed to permit either an adequate vehicle turnaround, if a dead end, or through circulation. For
nonresidential uses, such private access shall have a paved, unobstructed driving surface for the entire
twenty-five (25) feet of width. For residential uses, the first twenty-five (25) feet from edge of
pavement of a public street into the property shall be paved to a width of no less than twenty (20) feet
and the remaining access road shall be developed to at least twenty (20) feet of width, either a paved
surface or other all-weather surface including a gravel base.
Section 2. Safety Clause The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 3. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the
application thereof to any person or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect application to other persons or
circumstances.
Section 4. Effective Date This ordinance shall take effect one day after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of February 2000, 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
March 13 2000, 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 13th day of March '2000.
SIGNED by the Mayor on th' 1 thday of March 2000.
L
TCHEN CE VENY, R
ATTEST:
Wanda Sang, City Clerk
APP AS TO O Y C Y TT
GE D DAHL, CITY A ORNEY
1st Publication: February 18, 2000
2nd Publication: March 17, 2000
Wheat Ridge Transcript
Effective Date: March 18, 2000 C9Barhara\CCRPTS\RES0-0RD\ 1999\zoa9902ord.wpd
Ordinance No. 1183 Page 2
CITY COUNCIL MINUTES: March 13, 2000 Page - 2 -
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 03-2000 - An Ordinance providing for the approval of amendments
and additions to Section 26-30 (N) of the Code of Laws of the City of Wheat
Ridge, County of Jefferson, State of Colorado.
(Case No. ZOA-99-02)
Council Bill 03-2000 was introduced on second reading by Mr. Edwards; title read by the
Clerk; Ordinance No. 1183 assigned.
Alan White, Planning Director, was sworn in by the Mayor pro tem and explained that this was
an amendment that the Planning Commission brought forward; there had been some
discussion on a couple of applications last year concerning what the existing provisions and
Code were concerning access to structures and when the requirements were or were not met.
This language was suggested and provided by Planning Commission so it's more clearly
interpreted when cases come before us.
Motion by Mr. Edwards for the approval of Council Bill 03-2000 (Ordinance 1183); seconded
by Mr. DiTullio.
Motion by Ms. Figlus for an amendment to strike the term "full width" from subparagraphs (1)
and (2); seconded by Mrs. Shaver; failed 4-3 with Councilmembers Shaver, DiTullio, and
Figlus voting yes.
Motion carried 7-0.
Motion by Mrs. Shaver that the issue of "full width" in this section be referred to Planning
Commission for review and recommendation; seconded by Mr. Edwards; carried 7-0.
Item 2. Council Bill 04-2000 - An Ordinance concerning Park hours and amending
Section 17.26 (a) of the Wheat Ridge Code of Laws.
Council Bill 04-2000 was introduced on second reading by Mr. DiTullio, who also read the title;
Clerk assigned Ordinance No. 1184.
Motion by Mr. DiTullio to approve Council Bill 04-2000 (Ordinance 1184); seconded by Ms.
Figlus; carried 7-0.
City of Wheat Ridge
Planning and Development Department
Memorandum
TO:
LANNING COMMISSION
FROM:
P
VMEREDITH RECKERT, SENIOR PLANNER
SUBJECT: CASE NO. ZOA-99-02: ACCESS TO PUBLIC STREETS
DATE: October 7, 1999
During the Planning Commission meeting of July 1, 1999, staff was directed by the Commission
to initiate a zoning code amendment to Section 26-30 (N): Access to Public Streets. During that
meeting, proposed changes in the wording were offered.
In the past, some confusion existed with the timing in applying the existing code. In an attempt
to correct the confusion, the Commission offered proposed language changes to this particular
section of the zoning ordinance to clarify the requirements and interpretations affecting sharing
of driveways.
After reviewing the proposed language changes and the existing Ordinance staff recommends
that the Planning Commission recommend approval to the City Council of the proposed
Ordinance amending Section 26-30 (N): Access to Public Streets of the Zoning Ordinance.
/bd
ATTACHMENT 1
The motion carried by a vote of 4 to 2 with Commissioners DOYLE and THOMPSON
voting no and Commissioner MACDOUGALL absent.
Chair BRINKMAN advised the applicant that his request for rezoning will go to City
Council before Planning Commission will decide on the subdivision.
There was discussion regarding timing of the hearings. Mr. White stated it would be
possible to have first reading of the ordinance at the last July meeting of City Council with
second reading on August 23. Planning Commission could then consider the subdivision
matter on September 2.
9. OLD BUSINESS
There was no old business to discuss.
10. NEW BUSINESS
A. Proposed Code Amendments - Commissioner SNOW referred to Section 26-30 (N) of the
code regarding access to public streets and interpretations that have indicated residences may
not share driveways. She proposed the following changes for matter of clarification:
26-30(N) Access to Public Streets: No building permit or certificate of occupancy shall
be issued for any structure which does not have access to a public street as provided
below:
When the lot upon which a structure is built or to be built is adjacent to a full
width public street, vehicular access to the street shall be provided according to
the requirements of Section 26-31(C)(6).
2.
st~ When the lot upon which the structure is built or to be built is not
adjacent to a full width public street as required in the subdivision regulations of the
City of wheat Ridge or, in a situation where such requirement cannot be met,-an
easement(s) or private roadway(s) of record having a minimum width of twenty-five
(25) feet shall be provided.
Commissioner SNOW moved and Commissioner THOMPSON seconded that staff make
any changes they feel are necessary to the above wording in order to clarify the meaning of
paragraph 26-30(N). The motion passed by a vote of 6-0 with Commissioner
MACDOUGALL absent.
B. Counting Land Twice - Commissioner SNOW referred to the case heard this evening. She
stated that the ordinance is being read to mean that although the front half already contains a
Planning Commission Page 6
July 1, 1999
EXHIBIT A
Mr. Butler responded to questions from the Commission and informed that SBA had already
researched other locations for a monopole and spoke with five other property owners. He
informed that four decided they did not want antennas on their property or buildings and that
Sprint would more than likely request a new monopole across the street. He also informed that
the additional antenna would not add to the height of the existing monopole.
It was moved by Commissioner THOMPSON, seconded by Commissioner SNOW that
Case No. SUP-99-02, a request for approval of a Special Use Permit to allow co-location of
CMRS antennas on an existing monopole located at 3900 Wadsworth Blvd., be
recommended to the City Council for APPROVAL for the following reasons:
1. A special use permit is required to allow the co-location of CMRS panel antennas
on an existing monopole.
2. The co-location could alleviate the need for an additional freestanding facility.
3. The evaluation criteria support approval of this request.
With the following conditions:
1. That the service lights be directed away from areas to the east.
2. No additional height be added to the monopole.
The motion unanimously carried by a vote of 5-0 with Commissioner COLLINS and Vice
Chair GOKEY absent.
Commissioner THOMPSON noted that she was purposely not including the need for a 6' fence
as originally recommended by staff in her motion.
B. Case No. ZOA-99-02: The City of Wheat Ridge is proposing to amend Section 26-30 (N):
Access to Public Streets: of the Wheat Ridge Code of Laws regarding vehicle access to a new
structure or lot.
Planning and Development Director Alan White presented the staff report. All pertinent
documents were entered into the record and Mr. White advised that there was jurisdiction to
hear the case.
Commissioner SNOW noted that the recommended changes to Section 26-30(N): Access to
Public Streets were being offered to clarify existing interpretation.
It was moved by Commissioner SNOW and seconded by Commissioner DOYLE to
recommend to the City Council approval of Case No. ZOA-99-02. The motion
unanimously carried by a vote of 5-0 with Commissioner COLLINS and Vice Chair
GOKEY absent.
The meeting was declared in recess by Chair BRINKMAN at 8:20 p.m. and reconvened at 8:30
p.m.
7.1999
ATTACHMENT 2
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: City Council
FROM: Meredith Reckert, Senior Planner
SUBJECT: ZOA-99-02
DATE: March 1, 2000
Attached is staff s and Planning Commission's suggested changes to Section 26-30(N): Access to
Public Streets.
Planning Commission held a public hearing on this case on October 7, 1999 where they made a
recommendation of Approval. There were no conditions attached.
At the City Council first reading Councilperson Shaver brought up several questions, as follows:
Why are private drives required to have access to full width public streets and
what is full width?
The provision of the Zoning Code being amended is used primarily when
someone owns a piece of residential property that is very deep. The owner will
submit an application to subdivide to create flag lots (lots that stack upon each
other as you move deeper into the parcel). The access to the public street is the
"pole" that is a shared driveway accessing each of these flag lots.
The City has adopted street width standards that vary according to the
classification of the street. Class 7 streets (local) are required to have a minimum
right-of-way width of 50', however, there are many streets in Wheat Ridge do not
meet this standard.
If the property which is being subdivided into a flag lot situation has direct
frontage to the public street and the public street has a substandard right-of-way, it
makes sense to have additional right-of-way dedicated to bring it up to the current
standard. If the property adjacent to the public street from which access is gained
is not included in the subdivision, it would be impossible to require this
dedication.
In light of this, City Council should consider striking the words "full width" from
paragraph #1 to read: "When the lot upon which a structure is built or to be built
is adjacent to a public street, vehicular access to the street shall be provided
according to the requirements of Section 26-31(c)(6)".
2. If the easement width is 25', how wide does the pavement have to be?
The second paragraph of Section 26-30(N) addresses this situation:
"For nonresidential uses, such private access shall have a paved, unobstructed
driving surface for the entire twenty-five (25) feet from edge of width. For
residential uses, the first twenty-five (25) feet from the edge of pavement of a
public street into the property shall be paved to a width of no less than twenty (20)
feet and the remaining access road shall be developed to at least twenty (20) feet
of width, either a paved surface or other all-weather surface including a gravel
base."
These provisions are consistent with the fire districts' requirements and will not be
modified as a result of the proposed amendment.
-k~
26-30 (N) Access to Public Streets: NO BUILDING PERMIT OR
CERTIFICATE OF OCCUPANCY SHALL BE ISSUED FOR ANY
STRUCTURE WHICH DOES NOT HAVE ACCESS TO A PUBLIC STREET
AS PROVIDED BELOW:
1. WHEN THE LOT UPON WHICH A STRUCTURE IS BUILT OR TO BE
BUILT IS ADJACENT TO A FULL WIDTH PUBLIC STREET, VEHICULAR
ACCESS TO THE STREET SHALL BE PROVIDED ACCORDING TO THE
REQUIREMENTS OF SECTION 26-31(C) (6)
2. No- iuilding-permit-or ser-tifica-te o oceupa-Rcy-shall be iesued•er approved
feany-struetuTe WHEN THE LOT UPON WHICH THE STRUCTURE IS
BUILT OR TO BUILT IS not adjacent to a full width public street as
required in the subdivision regulations of the City of Wheat Ridge or, in a
situation where such requirement cannot be met, o easement(s) or private
roadways(s) of record having a minimum width of twenty-five (25) feet
SHALL BE PROVIDED.
No change for next paragraph.
vl Is,
/
PC
qLs
48"'
Mr. Butler responded to questions from the Commission and informed that SBA had already
researched other locations for a monopole and spoke with five other property owners. He
informed that four decided they did not want antennas on their property or buildings and that
Sprint would more than likely request a new monopole across the street. He also informed that
the additional antenna would not add to the height of the existing monopole.
It was moved by Commissioner THOMPSON, seconded by Commissioner SNOW that
Case No. SUP-99-02, a request for approval of a Special Use Permit to allow co-location of
CMRS antennas on an existing monopole located at 3900 Wadsworth Blvd., be
recommended to the City Council for APPROVAL for the following reasons:
1. A special use permit is required to allow the co-location of CMRS panel antennas'
on an existing monopole.
2. The co-location could alleviate the need for an additional freestanding facility.
3. The evaluation criteria support approval of this request.
With the following conditions:
1. That the service lights be directed away from areas to the east.
2. No additional height be added to the monopole.
The motion unanimously carried by a vote of 5-0 with Commissioner COLLINS and Vice
Chair GOKEY absent.
Commissioner THOMPSON noted that she was purposely not including the need for a 6' fence
as originally recommended by staff in her motion.
B. Case No. ZOA-99-02: The City of Wheat Ridge is proposing to amend Section 26-30 (N):
Access to Public Streets: of the Wheat Ridge Code of Laws regarding vehicle access to a new
V*s structure or lot.
Planning and Development Director Alan White presented the staff report. All pertinent
documents were entered into the record and Mr. White advised that there was jurisdiction to
hear the case.
Commissioner SNOW noted that the recommended changes to Section 26-30(N): Access to
Public Streets were being offered to clarify existing interpretation.
It was moved by Commissioner SNOW and seconded by Commissioner DOYLE to
recommend to the City Council approval of Case No. ZOA-99-02. The motion
unanimously carried by a vote of 5-0 with Commissioner COLLINS and Vice Chair
GOKEY absent.
The meeting was declared in recess by Chair BRINKMAN at 8:20 p.m. and reconvened at 8:30
p.m.
7. 1999
Page
ATTACHMENT 2
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
FROM: Chris Cramer, Planning Intern
SUBJECT: ZOA-99-02: Access to Public Streets
DATE: August 12, 1999
At the request of the Planning Commission, staff has reviewed the zoning ordinance regarding
access to public streets, Section 26-30 (N).
In the past, some confusion existed with the timing in applying the existing code. The proposed
code attempts to address these concerns. The recommended changes are attached and submitted
for the Commission's discussion and direction. The words in upper case indicate proposed new
language, while the words struck out are recommended for deletion.
/cc
Section 26-30(N): Access to Public Streets:
(N) Access to Public Streets: NO BUILDING PERMIT OR CERTIFICATE OF
OCCUPANCY SHALL BE ISSUED FOR ANY STRUCTURE WHICH DOES NOT
HAVE ACCESS TO A PUBLIC STREET AS PROVIDED BELOW:
1. WHEN THE LOT UPON WHICH A STRUCTURE IS BUILT OR TO BE BUILT
IS ADJACENT TO A FULL WIDTH PUBLIC STREET, VEHICULAR ACCESS
TO THE STREET SHALL BE PROVIDED ACCORDING TO THE
REQUIREMENTS OF SECTION 26-31 (C)(6).
2. No bttilding permit or eertifleate of oeetipaney shall be issued or approved for
struetcire WHEN THE LOT UPON WHICH THE STRUCTURE IS BUILT OR TO
BE BUILT IS not adjacent to a full width public street as required in the subdivision
regulations of the City of Wheat Ridge or in a situation where such requirement cannot be
met, en easement(s) or private roadway(s) of record having a minimum width of twenty-
five (25) feet SHALL BE PROVIDED.
For residential uses, no more than four (4) dwelling units may use the same recorded easement or
private roadway of record. For nonresidential uses in residential zone districts, no more than ten
thousand (10,000) square feet of gross floor area, either individually or in combination, will be
permitted to use the same easement or private roadway. Commercial and industrial uses will be
permitted such private easements or roadways only after review and approval by the public
works director, planning and development director and fire district. All private easements or
roadways shall be designed to permit either an adequate vehicle turnaround, if a dead end, or
through circulation. For nonresidential uses, such private access shall have a paved,
unobstructed driving surface for the entire twenty-five (25) feet of width. For residential uses,
the first twenty-five (25) feet from edge of pavement of a public street into the property shall be
paved to a width of no less than twenty (20) feet and the remaining access road shall be
developed to at least twenty (20) feet of width, either a paved surface or other all-weather surface
including a gravel base.
NOTICE OF PUBLIC HEARING D /
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on October 7, at 7:30 p.m. at 7500 West 29th Avenue, Wheat
Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit
written comments. The, following petitions shall be heard:
~J9 A2 The City of Wheat Ridge is proposing to amend Section 26-30
(N): Access to Public Streets: of the Wheat Ridge Code of Laws regarding vehicle access
to a new structure or lot.
2. Case No. SUP-99-02: Application by SBA Communications Corp. for a Special Use
Permit to place a commercial mobile radio antenna on an existing monopole located
behind the Wheat Ridge Market Place shopping center located at 3900 Wadsworth
Boulevard and legally described as follows:
Lots 4 and 5, Block 1, Wheat Ridge Market Place Subdivision, I" filing, re-subdivision
of park and shop subdivision 1" amendment and subdivision of se/4 of Section 23,
Township 3 South, Range 69 West, 6' PM as recorded in Plat Book 127 at pages 10 and
11 as reception number 1701562707 on December 8, 1995, State of Colorado
Barbara Delgadillo, Pl ng Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: September 17, 1999
Wheat Ridge Transcript
III/`
l
The motion carried by a vote of 4 to 2 with Commissioners DOYLE and THOMPSON
voting no and Commissioner MACDOUGALL absent.
Chair BRINKMAN advised the applicant that his request for rezoning will go to City
Council before Planning Commission will decide on the subdivision.
There was discussion regarding timing of the hearings. Mr. White stated it would be
possible to have first reading of the ordinance at the last July meeting of City Council with
second reading on August 23. Planning Commission could then consider the subdivision
matter on September 2.
9. OLD BUSINESS
There was no old business to discuss.
10. NEW BUSINESS
A. Proposed Code Amendments - Commissioner SNOW referred to Section 26-30 (N) of the
code regarding access to public streets and interpretations that have indicated residences may
not share driveways. She proposed the following changes for matter of clarification:
26-30(N) Access to Public Streets: No building permit or certificate of occupancy shall
be issued for any structure which does not have access to a public street as provided
below:
1. When the lot upon which a structure is built or to be built is adjacent to a full
width public street, vehicular access to the street shall be provided according to
the requirements of Section 26-31(C)(6).
2. -ttpane shall be isstied o,
strueture when the lot upon which the structure is built or to be built is not
adjacent to a full width public street as required in the subdivision regulations of the
City of wheat Ridge or, in a situation where such requirement cannot be met,-on
easement(s) or private roadway(s) of record having a minimum width of twenty-five
(25) feet shall be provided.
Commissioner SNOW moved and Commissioner THOMPSON seconded that staff make
any changes they feel are necessary to the above wording in order to clarify the meaning of
paragraph 26-30(N). The motion passed by a vote of 6-0 with Commissioner
MACDOUGALL absent.
B. Counting Land Twice - Commissioner SNOW referred to the case heard this evening. She
stated that the ordinance is being read to mean that although the front half already contains a
Planning Commission Page 6
July 1, 1999
EXHIBIT A
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