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HomeMy WebLinkAboutZOA-97-1WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -3- Motion by Mrs Dalbec that Case No WS-97-2, a request for approval of a 6-lot subdivision on R-1 zoned property, located at 12355 West 38th Avenue, be approved for the following reasons All the lots meet or exceed the R-1 zoned district regulations All of the requirements of the subdivision regulations have been met. With the following conditions 1 Existing mature trees on the property be saved through consultation by the City Arborist. 2. An 8-foot wide walking path and landscaping be installed along 38th Avenue consistent with property development adjacent and to the east. 3 Staff recommends approval. 4 That the $75 00 per lot be given to the City; seconded by Mr DiTullio, carried 8-0 Motion by Mrs. Dalbec for approval of Resolution 1621, which is the 34 feet street width designation, seconded by Mr DiTullio, carried 8-0 ORDINANCES ON FIRST READING Item 3. A. Council Bill 40 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailes upon property located within Commercial and Industrial Zone Districts. B Council Bill 41 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial Zone Districts. C Council Bill 42 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (1) Zone Districts D Council Bill 43 - An Ordinance amending the Zoning Code of the Code of Laws of the City of Wheat Ridge, regarding Special Uses Mrs Worth stated that she and Mrs Dalbec had worked on these Council Bills with Mr Gidley; most of the affected properties are in District IV Since this is the first time they have had a chance to study these Council Bills, she moved to postpone this and bring it to the September 15, 1997 Study Session, she would also like the new Planning Director to have a look at them and see what he thinks, this could come back after September 22, 1997, seconded by Mr DiTullio, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -4- Mrs Dalbec had concerns about Council Bill 40 and asked that this not be postponed. Mrs Worth amended her motion to postpone Council Bills 41, 42, and 43, carried 8-0 Motion by Mrs Dalbec to postpone Council Bill 40 until the first item after the break and allow Mr Dahl to work on a revision regarding an exemption for existing property owners, motion died for lack of second Motion by Mrs Worth to postpone Council Bill 40 to the same Study Session as Council Bills - 41, 42, and 43, seconded by Mr Solano, carried 8-0 Item 4. Council Bill 44 - An Ordinance amending the Code of Laws relating to Commercial Mobile Radio Facilities in the City of Wheat Ridge Council Bill 44 was introduced on first reading by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio that Council Bill 44 be approved on first reading, ordered published, public hearing be set for Monday, September 22, 1997 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 Solano, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Resolution 1619 - referring a ballot question to the voters of the City at the November 4, 1997 General Municipal election, concerning an increase in the sales and use tax rate for purposes of construction and operation of a Recreation Center Resolution 1619 was introduced by Mr Siler; title and summary read by the Clerk. John Jerman spoke on behalf of Wheat Ridge United Neighborhoods, they are concerned about the wording of the ballot title They recommend that the actual full cost of the project be in the ballot title to fully inform the voters Motion by Mr Siler for adoption of Resolution 1619; the total amount to be $12,350 00; seconded by Mrs. Worth, carried 7-1 with Mrs Fields voting no Mrs Fields is not against the recreation center, but she feels people need to know the exact cost, which is over 17 million dollars The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 WHEAT heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRidge August 18, 1997 7R TUC TE V AUG 2 7EZ 1 TO: TY COUNCIL FROM: MEREDITH RECKERT 1 RE: CASE NO. )W-97- VINDUSTRIAL DISTRICT REGULATIONS 'y Attached please find for first reading on August 25, 1997, a series of ordinance8relating to industrial land uses as follows: Ordinance A: Amends the commercial and industrial district regulations to limit the "regular parking or storage " of semi-trucks and trailers. Ordinance B: Amends the C-1, C-2 and I district regulations to allow taller fences for outdoor storage areas. Ordinance C: Amends the I zone district regulations to require more landscaping. Ordinance D: Amends Section 26-6 to eliminate the special use nonconforming provisions and amends the same to allow either "property vested" or "owner/applicant vested" at the discretion of City Council. Attached are copies of the minutes from the Planning Commission public hearing. Staff recommends approval on first reading with a suggested public hearing date of September 22, 1997. ,a RECYCLED PAPER Planning Commission Minutes June 5, 1997 Page 6 6. In the two western buildings, any use in excess of 40 HP will not be allowed without Staff's discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc. to outside walls or roof will be permitted. 8. Eliminate uses listed on the plan under #8. 9. No woodworking businesses will be allowed." Motion carried 5-3. (Commissioners Snow, Thompson, Shockley: denied). Variance Commissioner THOMPSON motioned, Commissioner CERVENY seconded, "that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be APPROVED for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. With the following conditions: 1. Landscaping be installed around the base of the sign. 2. No other freestanding signs be allowed on the property." Motion carried 8-0. C. Case No. ZOA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado (Continued from April 3, 1997.) Director GIDLEY presented an overview of case history. He stated that he has rewritten the ordinances which were attached to the packet for review. There are four separate issues being addressed in order to meet State Constitutional requirements. The Council Bills address Semi- Trucks and Trailers, Outside Storage, Landscaping, and Special Use Permits. It does not rezone any property or retro-apply to any existing use. The only way it would apply to any existing use is if the owner started a new business, built a substantial addition or redeveloped property, and is Planning Commission Minutes June 5, 1997 Page 7 not intended to apply to any existing businesses that are currently operating. Director GIDLEY reviewed each Council Bill. Discussion was held regarding grandfathering, defining or deleting non-commercial uses, parking areas, specific definitions which are provided in the Bill, number of trucks allowed to park in every commercial district, concern regarding three semi's being allowed to park in every commercial districtlbusiness, the rewording of Section 1 of the Ordinance or deletion, and Section 2, (7)(a), verification of "any noncommercial use of such truck-tractors...", outside storage, increasing fence height to provide aesthetics, architectural embellishment to the walls, lot coverage/landscaping, future review of landscaping requirements, definition of special uses, vesting of land or ownership in industrial zones, and affect on current owners. Director GIDLEY stated that these changes will not affect the current business/land owners with the exception of semi truck/trailers, vacant land development, and substantial expansion. Chairperson WILLIAMS swore in the following meeting attendants: Evan Asby, 8414 W. 87th Way, Arvada. He felt that dealing with a City that is consistently undergoing change is very difficult. However, those that are in an industrial area, know they are r in such an area. He believes that in these areas that storage is necessary. However, he questions l the need to screen everything in these areas and objects to a 10 foot high wall. He feels there is nothing to be ashamed about regarding visual impact of industrial areas and used his dislike of the train's boxcars as his comparison for the need of screening. He likes landscaping between zones. However, he disagrees with an industrial area that requires so much landscaping. John Silveson, 12300 W. 49th Place. Mr. Silveson stated he felt the ordinances were appropriate and 4o, longer felt there was a threat to his business even though there may be some things yet to be resolved such as the time limit trucks could be parked. Deliveries were questioned and Director GIDLEY stated that it was directed at drivers who come in later and sleep vs length of time it takes to make a delivery. He questioned special uses and how they applied to his properties. Director GIDLEY stated that planned industrial zoned property does not apply. Sharon Peterson, 12360 W. 49th Avenue. She felt that the truck parking restriction should be reconsidered. She also felt that the outside storage areas in an industrial area, which is not visible from the street, should not have to be screened. Jim Oglevie, P.O. Box 2808511, Wheat Ridge. He stated that notifications should be sent out any time this subject is going to be discussed. He also questioned the fencing requirements which Director GIDLEY clarified for him as well as permitted uses. He questioned the fencing requirements which Director GIDLEY clarified for him. Planning Commission Minutes June 5, 1997 Page 8 Jackie Oglevie, P.O. Box 2808511, Wheat Ridge. Her concerns were regarding if any of their tenants would have to secure a new permit should they buy the building and notification requirements. She was advised by Director GIDLEY that the purchasers would not need a new permit and that they would only have to change the business license. Director GIDLEY clarified that there are no guarantees that notifications would be made regarding changes and that all public hearings are published. The following motions were made by Commissioner SNOW, seconded by Commissioner SHOCKLEY: "That Council Bill Exhibit `A' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailers upon property located within Commercial and Industrial zone districts, be forwarded to the City Council with a recommendation of APPROVAL with a request of the Staff to further define the phrase " any noncommercial use" and that Paragraph 8 be deleted." Motioned carried 7-1 with Commissioner CERVENY voting no. "That Council Bill Exhibit `B' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 8-0. "That Council Bill Exhibit `C' regarding: An Ordinance amending the Wheat.Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (I) zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 6-2 with Commissioners THOMPSON and CERVENY voting no. "That Council Bill Exhibit `D' regarding: An Ordinance amending the Zoning Code of the Wheat Ridge Code of Laws, pertaining to Special Uses be forwarded to the City Council with a recommendation of APPROVAL with the following changes: 1. That Item `B' remain as it was with no changes . 2. That Item `B' (1) last sentence be changed to: `Approval of these special use permits shall become a vested property right which may transfer with the land or lease, subject to compliance with the conditions of approval.' 3. That Item `B' (2) first sentence be changed to: `This category of special use is less Planning Commission Minutes June 5, 1997 Page 9 dependent upon unique site and/or building site and/or building improvements to accommodate the use but is highly dependent upon proper management to ensure that operational aspects of the use..." Motion carried 5-3 with Commissioners CERVENY, BRINKMAN, and GRIFFITH voting no. D. Case No. ZOA-97-2: An application by the City of Wheat Ridge for approval of an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. Commissioner SNOW motioned, Commissioner RASPLICKA seconded, "that Case No. ZOA- 97-2 and application by the City of Wheat Ridge for approval of an amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities be forwarded to the,City Council with a recommendation for APPROVAL." Motioned carried 8'=0 8. CLOSE PUBLIC HEARING 9. OLD 10. NEW BUSINESS Commissioner THOMPSON su€ businesses. She felt many may h whether or not these uses should cities to be polled, review of thei dewing the horsepower standards and high tech impact on the area and she would like to know ;d in commercial areas. She stated she would like other and what high tech businesses entail. A motion was made by Commissioner T1 review these items. Motioned carried 8-0. , seconded by Commissioner CERVENY to Commissioner CERVENY requested copies ofCPRC Minutes and Neighborhood Meeting comments. Commissioner SNOW provided Commissioner CERVENY with an update of what has been happening. Minutes are currently being sent to the Commission and City Council, however, there was discussion by the Commission t6take time to discuss them during Commission Study Sessions. In addition, Commissioner CERVENY requested copies of information from the neighborhood meetings and goals and objectives. Commissioner CERVENY stated concerns regarding the CPRC regarding. dissemination of information, and ability to reach consensus on various items. Commissioner SNOW stated that she did not receive the agenda for the week in question and therefore could not approve or change it. She stated that the Committee thought they were going to present the density 'issue and Staff thought they were INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO PARKING AND STORAGE OF TRUCK-TRACTORS AND/OR SEMITRAILERS UPON PROPERTY LOCATED WITHIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations Subsection (C)(8), is hereby amended as follows: (8) Parking of not more than three (3) commercial truck-tractors and/or semitrailers in conjunction with, and accessory to, use, ANY USE PERMITTED IN THIS DISTRICT and when in conformance with the parking design standards set forth in section 26-31(C)(14) of this Zoning Ordinance. It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations. Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations, Subsection (E)(7)(a) and (b) is hereby amended as follows: (7) (a) THE REGULAR STORAGE OR parking of more than three (3) commercial truck- tractors and/or semitrailers on any parcel or lot, where veltieles are not related t15 transporWion needs of the business eoftdueted thereart, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semitrailers used in commercial ventures may be parked, as is not iritended to apply to Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surround street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; Ordinance No. Series of 1997 Page 2 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and, 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (7)(a) above, the following words shall have the following meaning: 1. "Truck tractor" means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of such vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section 3. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2 ) District Regulations, Subsection (C)(6) is hereby amended as follows: (6) THE REGULAR STORAGE OR parking of NOT more than three (3) commercial truck-tractors and/or semitrailers IN CONJUNCTION WITH, AND ACCESSORY TO ANY USE PERMITTED IN THIS DISTRICT AND WHEN IN CONFORMANCE WITH THE PARKING DESIGN STANDARDS SET FORTH IN SECTION 26- 31(C)(14) OF THIS ZONING ORDINANCE. IT IS NOT INTENDED THAT SUCH PARKING LIMITATIONS SHALL APPLY TO PICKUP AND DELIVERY TRUCKS NORMALLY ASSOCIATED WITH BUSINESS OPERATIONS. on my business eondueted therean, sha4l require approval of a speeit4 ttse permit. in arder to evaltiate the proposal, the applieai-A shall submit a site plan whielt adequately illustrates loeation and size of all parking spaees and drive isles and direetion of ftffie fiew and site, to adjaeent streets, and whieh shows point of this provision is to limit these areas in vehieh trttek traetan an&or semitrailers tised eon-ffnereial ventures may be parked, and is itot intended to apply to any noneoffhttereit4 is Ordinance No. Series of 1997 Page 3 Requirements. Section 4. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2 ) District Regulations, Subsection (E)(2)(a) and (b) is hereby amended as follows: (2)(a) THE REGULAR STORAGE OR parking of more than three (3) commercial truck- .L_ tractors and/or semitrailers on any parcel or lot, where _L:_,_s afe not related to transperwion needs of the business eondueted thereon, shall require approval of a special use permit. in order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semitrailers used in commercial ventures may be parked end is not intended to apply to Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in surrounding area. Proposed methods of controlling or reducing air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and, 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (2)(a) above, the following words shall have the following meanings: 1. "Truck tractor" means any motor vehicles which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property o er the public highways. Ordinance No. Series of 1997 Page 4 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section 5. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (I), District Regulations, Subsection (C) is hereby amended by the addition of the following new subsection (6): (6) PARKING OF NOT MORE THAN THREE (3) COMMERCIAL TRUCK- TRAILERS AND/OR SEMITRAILERS IN CONJUNCTION WITH, AND ACCESSORY TO ANY USE PERMITTED IN THIS DISTRICT AND WHEN IN CONFORMANCE WITH THE PARKING DESIGN STANDARDS SET FORTH IN SECTION 26-31(C)(14) OF THIS ZONING ORDINANCE. IT IS NOT INTENDED THAT SUCH PARKING LIMITATIONS SHALL APPLY TO PICKUP AND DELIVERY TRUCKS NORMALLY ASSOCIATED WITH BUSINESS OPERATIONS. Section 7. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24 Light Industrial (I) District Regulations, Subsection (E)(2)(a) and (b) are amended as follows: (2)(a) THE REGULAR STORAGE OR Parking of more than three (3) commercial truck- tractors and/or semitrailers on any parcel or lot, where stielt _._L:_1.....-- ti__lated._. L_ transportation needs of the business eondtieted thereon-, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semitrailers use in commercial ventures may be parked and is not intended to apply to Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing Ordinance No. Series of 1997 Page 5 air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in this section, the following words shall have the following meanings: 1. "Truck-tractor" means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section 8. 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 9. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 10. 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 11. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of . to on this Ordinance No. Series of 1997 Page 6 day of , 1997, 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 , 1997, 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 1997. SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO OUTSIDE STORAGE REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations Subsection (C)(3)(b), is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2) District Regulations, Subsection (C)(3)(b) is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Ordinance No. Page 2 Series of 1997 Section 3. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (I) District Regulations, Subsection (C)(3)(b) is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Section 4. 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 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. 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 6. 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 1997, 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 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Ordinance No. Series of 1997 Page 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO MAXIMUM LOT COVERAGE AND MINIMUM LANDSCAPE REQUIREMENTS WITHIN THE LIGHT INDUSTRIAL (I) ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial District (I), Subsection (1-1)(3), is hereby amended as follows: H.(3) Maximum lot coverage. Ninety (90) EIGHTY-FIVE (85) percent. (See section 26-5 for definition.) Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial District (I), Subsection (1-1)(9), is hereby amended as follows: H.(9) Landscape requirements. See seetion 26 32. NOTWITHSTANDING THE PROVISIONS FOR MINIMUM LANDSCAPE AREAS SET FORTH IN SECTION 26-32(D)(3)(C)(1). LANDSCAPING SHALL NOT BE LESS THAN FIFTEEN (15) PERCENT OF THE GROSS LOT AREA. ALL OTHER PROVISIONS OF SECTION 26-32 APPLY. 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. SeverabilAy. 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 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 Ordinance No. Series of 1997 Page 2 of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. 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 1997, 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 , 1997, 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 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: Ordinance No. Series of 1997 INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 Page 1 TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE REGARDING SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Wheat Ridge Code of Laws Chapter 26. Article 1. Zoning Code, Section 26-6. Special Uses (SUP), Zoning Code, Subsection (B) is hereby amended as follows: Sec. 26-6. Legislative and administrative process and procedures. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be required by other city ordinances and/or state law, where applicable. (B) Special Uses: Special uses are discretionary uses which are clearly shown to be void or deficient in an area, and if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. There are two categories of special use approval: (1) Land Vested. These special uses require substantial investment in site and/or building improvements which are long term capital investments and are unique in design such that adaptation to a principal permitted use in the particular zone is impractical and cost prohibitive. Approval of these special use permits shall become a vested property right which may transfer with the land or lease, subject to compliance with all conditions of approval. (2) Owner Grant of Use: This category of special use is less dependent upon unique site and/or building improvements to accommodate the use but is highly dependent upon proper management to ensure that operational aspects of the use are not detrimental to adjacent properties, the neighborhood, or the general public welfare. Therefore, approval of "Owner Grant-Special Uses" vests only to the owner of the special use approved and shall not be a vested property right and shall not automatically transfer with the land or lease, except through inheritance by an heir. Speeial tisers are highly dependent upott proper design, matiagement, and operational aspeets; therefore, sueh uses must be eonsidered as a persottal grant of use granted to the owner of the speeial use and nat as a grant of a vested property right vAieh transfers with -A" _4 OF I eftse. 44te only tinte a speeift! use permit may be transferred to a new awiter without reapplying for approval is through ittheritanee by an The primary issues which planning commission and Ordinance No. Series of 1997 Page 2 city council shall address are those related to justification of need and those special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, the planning commission and city council shall have the right to approve, approve with modifications or deny a special use request and to revoke previously approved special use permits pursuant to subsection (6) hereof. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood input meeting. (See subsection (F)(1) for requirements.) (b) Special use applications may be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the land owner, or their legal representatives, must be present at all public hearings. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 X 11 inches minimum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public street rights-of-way, public easements, irrigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public improvements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc.. 6. Existing and proposed street access points or curb cuts and dimensions thereof. 7. Proposed site development elements, including general building envelops, landscape/open space buffers, parking and loading areas, and outside work, storage or display areas. 8. Site data table, including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc.. (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the following process: Ordinance No. Page 3 Series of 1997 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. (c) Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. (f) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (g) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission shall make a specific determination specifying the recommended classification of the proposed special use as "Property Vested" or "Owner Grant". Planning commission may recommend conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the special use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use". Such conditions or stimulations may be recommended Ordinance No. Page 4 Series of 1997 in order to ensure compliance with the criteria for review, which, in the case of "Owner Grant" uses, if not complied with, shall be grounds for revocation of the special use. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council. (5) City council review. City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission. Special uses may only be approved by passage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26-6(F)(1). The proposed ordinance shall specify the category of special use being considered as requested by the applicant. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented, and either pass, pass with modifications, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such special use permit, signed by the owners of twenty (20) percent or more of the area: (a) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (b) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. (6) Enforcement. All conditions and stipulations imposed by city council shall be maintained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate normal code enforcement procedures in the case of a "Land Vested" special use, or in the case of "Owner Grant" special uses, initiate revocation proceedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the prescribed correction date, the zoning administrator shall schedule a revocation Ordinance No. Series of 1997 Page 5 hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. Any revocation action shall become effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continuance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the date of the continued hearing, should the council find that the conditions and stipulations have not been satisfactorily met, councils shall adopt the revocation ordinance. reeeived approval of a speeial use permit tinder priar rules and p of not haviti reeedures g ~L--- 4 i- f five (5, o g mm shall terminate or shall otherwise beeotne eai lit addition ff iive i b f within ee . eeante e ortit ng states years of the date that suelt non on i l s~' f i i d , ownershi a u ng spee tie no teon ortn this five year amortizatiatt per o 26 6(B) All ~ at h hi b t i p . - - on . t s su see without eeming into eenformanee w t 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. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Ordinance No. Page 6 Series of 1997 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 1997, 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 1997, 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 1997. SIGNED by the Mayor on this day of 1 1997. DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: Planning Commission Minutes • June 5, 1997 Page 6 6. In the two western buildings, any use in excess of 40 HP will not be allowed without Staff's discretion. 7. No attachment of additional equipment such as special equipment, cranes, lifts, etc. to outside walls or roof will be permitted. 8. Eliminate uses listed on the plan under 48. 9. No woodworking businesses will be allowed." Motion carried 5-3. (Commissioners Snow, Thompson, Shockley: denied). Variance Commissioner THOMPSON motioned, Commissioner CERVENY seconded, "that the request for a five foot sign setback variance for property located at 9500 West 49th Avenue be APPROVED for the following reasons: 1. Approval of the reduced request would not prove a hazard to the public health, safety and welfare. 2. It would not have a negative impact on property values or public welfare. 3. Proposed location is more aesthetically pleasing than other locations meeting setbacks. With the following conditions: 1. Landscaping be installed around the base of the sign. 2. No other freestanding signs be allowed on the property." Motion carried 8-0. C. Case No. ZOA-97-1• An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado (Continued from April 3, 1997.) Director GIDLEY presented an overview of case history. He stated that he has rewritten the ordinances which were attached to the packet for review. There are four separate issues being addressed in order to meet State Constitutional requirements. The Council Bills address Semi- Trucks and Trailers, Outside Storage, Landscaping, and Special Use Permits. It does not rezone • any property or retro-apply to any existing use. The only way it would apply to any existing use is if the owner started a new business, built a substantial addition or redeveloped property, and is Planning Commission Minutes • June 5, 1997 Page 7 . . not intended to apply to any existing businesses that are currently operating. Director GIDLEY reviewed each Council Bill. Discussion was held regarding grandfathering, defining or deleting non-commercial uses, parking areas, specific definitions which are provided in the Bill, number of trucks allowed to park in every commercial district, concern regarding three semi's being allowed to park in every commercial district/business, the rewording of Section I of the Ordinance or deletion, and Section 2, (7)(a), verification of "any noncommercial use of such truck-tractors...", outside storage, increasing fence height to provide aesthetics, architectural embellishment to the walls, lot coverage/landscaping, future review of landscaping requirements, definition of special uses, vesting of land or ownership in industrial zones, and affect on current owners. Director GIDLEY stated that these changes will not affect the current business/land owners with the exception of semi truck/trailers, vacant land development, and substantial expansion. Chairperson WILLIAMS swore in the following meeting attendants: Evan Asby, 8414 W. 87th Way, Arvada. He felt that dealing with a City that is consistently undergoing change is very difficult. However, those that are in an industrial area, know they are • in such an area. He believes that in these areas that storage is necessary. However, he questions the need to screen everything in these areas and objects to a 10 foot high wall. He feels there is nothing to be ashamed about regarding visual impact of industrial areas and used his dislike of the train's boxcars as his comparison for the need of screening. He likes landscaping between zones. However, he disagrees with an industrial area that requires so much landscaping. John Silveson, 12300 W. 49th Place. Mr. Silveson stated he felt the ordinances were appropriate and no longer felt there was a threat to his business even though there may be some things yet to be resolved such as the time limit trucks could be parked. Deliveries were questioned and Director GIDLEY stated that it was directed at drivers who come in later and sleep vs length of time it takes to make a delivery. He questioned special uses and how they applied to his properties. Director GIDLEY stated that planned industrial zoned property does not apply. Sharon Peterson, 12360 W. 49th Avenue. She felt that the truck parking restriction should be reconsidered. She also felt that the outside storage areas in an industrial area, which is not visible from the street, should not have to be screened. Jim Oglevie, P.O. Box 2808511, Wheat Ridge. He stated that notifications should be sent out any time this subject is going to be discussed. He also questioned the fencing requirements which Director GIDLEY clarified for him as well as permitted uses. He questioned the fencing requirements which Director GIDLEY clarified for him. 0 planning Commission Minutes June 5, 1997 Page 8 Jackie Oglevie, P.O. Box 2808511, Wheat Ridge. Her concerns were regarding if any of their tenants would have to secure a new permit should they buy the building and notification requirements. She was advised by Director GIDLEY that the purchasers would not need a new permit and thattthey would only have to change the business license. Director GIDLEY clamed that there are no guarantees that notifications would be made regarding changes and that all public hearings are published. The following motions were made by Commissioner SNOW, seconded by Commissioner SHOCKLEY: "That Council Bill Exhibit `A' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailers upon property located within Commercial and Industrial zone districts, be forwarded to the City Council with a recommendation of APPROVAL with a request of the Staff to further define the phrase " any noncommercial use" and that Paragraph 8 be deleted." Motioned carried 7-1 with Commissioner CERVENY voting no. • "That Council Bill Exhibit `B' regarding:. An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 8-0. _ 'Mat Council Bill Exhibit `C' regarding: An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (1) zone districts be forwarded to the City Council with the recommendation of APPROVAL." Motion carried 6-2 with Commissioners THOMPSON and CERVENY voting no. "That Council Bill Exhibit `D' regarding: An Ordinance amending the Zoning Code of the Wheat Ridge Code of Laws, pertaining to Special Uses be forwarded to the City Council with a recommendation of APPROVAL with the following changes: 1. That Item `B' remain as it was with no changes . 2. That Item `B' (1) last sentence be changed to: `Approval of these special use permits shall become a vested property right which may transfer with the land or lease, subject to compliance with the conditions of approval.' • 3. That Item `B' (2) first sentence be changed to: `This category of special use is less Planning Commission Minutes • June 5, 1997 Page 9 dependent upon unique site and/or building site and/or building improvements to accommodate the use but is highly dependent upon proper management to ensure that operational aspects of the use..." Motion carried 5-3 with Commissioners CERVENY, BRINKMAN, and GRIFFITH voting no. D. Case No ZOA-97-2• An application by the City of Wheat Ridge for approval of an amendment to Section 26-30(T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities. Commissioner SNOW motioned, Commissioner RASPLICKA seconded, "that Case No. ZOA- 97-2 and application by the City of Wheat Ridge for approval of an amendment to Section 26-30 (T)(9) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Facilities be forwarded to the City Council with a recommendation for APPROVAL." Motioned carried 8-0. 8. CLOSE PUBLIC BEARING • 9. OLD BUSINESS 10. NEW BUSINESS Commissioner THOMPSON suggested reviewing the horsepower standards and high tech businesses. She felt many may have a low impact on the area and she would like to know whether or not these uses should be allowed in commercial areas. She stated she would like other cities to be polled, review of their rational, and what high tech businesses entail. A motion was made by Commissioner THOMPSON, seconded by Commissioner CERVENY to review these items. Motioned carried 8-0. Commissioner CERVENY requested copies of CPRC Minutes and Neighborhood Meeting comments. Commissioner SNOW provided Commissioner CERVENY with an update of what has been happening. Minutes are currently being sent to the Commission and City Council, however, there was discussion by the Commission to take time to discuss them during Commission Study Sessions. In addition, Commissioner CERVENY requested copies of information from the neighborhood meetings and goals and objectives. Commissioner CERVENY stated concerns regarding the CPRC regarding dissemination of information, and ability to reach consensus on various items. Commissioner SNOW stated that she did not receive the agenda for the week in question and therefore could not approve or change it. She stated that i the Committee thought they were going to present the density issue and Staff thought they were PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-97-1 DATE: June 5, 1997 REQUEST: A public hearing for consideration of proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses". Position on Please ch equest k a EL i 4. ..Sh. pG ~,F~vls~o~r 5F ca ~ 1-1 MEMORANDUM OF WHEgT To: Planning Commission mm From: yp7° Glen Gidley, Planning & Development Director Re: / Case No. ZOA-97-1: Industrial District Regulations Amendment c~roRaoo Date: May 30, 1997 At yourjoint meeting with City Council on May 15th, there was general consensus as follows: 1. RE: Semi-trucks and Trailers Amend all of the Commercial District Regulations and Industrial (I) Regulations to limit the "regular parking or storage" of more than three (3) semi-trucks and trailers upon a property subject to a Special Use Permit. This would not apply to semi-truck activity making deliveries or pickups. The term "regular" would need to be defined such as "for a time span in excess of four hours": Council Bill "A" accomplishes this. 2. RE: Outside Storage A. Amend the C-1, C-2 and I district regulations to allow (or require) taller solid walls and fences to screen outside storage areas. Maybe up to ten (10) feet high. Council Bill "B" accomplishes this. B. Amend the "I" district to require more landscaping. Council Bill °C" accomplishes this. 3. RE: Special Use Permits A. Amend Section 26-6 to eliminate the Special Use nonconforming provisions hence, Section 26-7, nonconforming provisions would apply. B. Amend same to allow for a specific determination at time of approval by City Council that designates a specific Special Use application as either "Property Vested" or "Owner/Applicant Vested". Council Bill "D" accomplishes this. The public hearing on this case was specifically continued from April 3rd to June 5th by motion allowing for the interim joint study session on May 15. Because the issues have broadened and have been redirected over the course of discussion of this matter, it was necessary to isolate the various topics into separate Council Bills so as to comply with the State Constitutional requirements of single topic legislation. ,,Memorandum May 30, 1997 Recommendations: Page 2 Staff recommends approval of Council Bills "A", "B", and "D". However, we believe that it would be more appropriate, and is necessary, that rather than adopting a piecemeal landscaping amendment that applies only to the "P" district, you consider a comprehensive review and amendment to Section 26-32, Landscaping Requirement of the Zoning Code. This comprehensive review should accomplish multiple objectives including the need to increase landscaping in the Industrial District and associated lot coverage reductions in each affected zone district. INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO PARKING AND STORAGE OF TRUCK-TRACTORS AND/OR SEMITRAILERS UPON PROPERTY LOCATED WITHIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations Subsection (C)(8), is hereby amended as follows: (8) Parking of not more than three (3) commercial truck-tractors and/or semitrailers in conjunction with, and accessory to, , ANY USE PERMITTED IN THIS DISTRICT and when in conformance with the parking design standards set forth in section 26-31(C)(14) of this Zoning Ordinance. It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations. Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations, Subsection (E)(7)(a) and (b) is hereby amended as follows: (7) (a) THE REGULAR STORAGE OR parking of more than three (3) commercial truck- tractors and/or semitrailers on any parcel or lot, where suelt veltieles not ielated to tr8n8P0ftftti011 needs of the business eondueted , shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or' semitrailers used in commercial ventures may be parked,as r °i i'y' Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surround street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; Ordinance No. Series of 1997 Page 2 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and, 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (7)(a) above, the following words shall have the following meaning: 1. "Truck tractor" means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of such vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section . Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2 ) District Regulations, Subsection (C)(6) is hereby amended as follows: (6) THE REGULAR STORAGE OR parking of NOT more than three (3) commercial truck-tractors and/or semitrailers IN CONJUNCTION WITH, AND ACCESSORY TO ANY USE PERMITTED IN THIS DISTRICT AND WHEN IN CONFORMANCE WITH THE PARKING DESIGN STANDARDS SET FORTH IN SECTION 26- 31(C)(14) OF THIS ZONING. ORDINANCE. IT IS NOT INTENDED THAT SUCH PARKING LIMITATIONS SHALL APPLY TO PICKUP AND DELIVERY TRUCKS NORMALLY ASSOCIATED WITH BUSINESS OPERATIONS. an my pareel or let stieh vehieles are not related to the ft~attspartation needs of the business eondtieted thereon, shall teqttite approval efa speeial ttse permit. in ardet to > o this ptovision is to limit these ffeas ift vehieh truek tmeiers and~ar semitrailers ttsed i eomfnereialventures may be park--dA, and is not intended to apply to atty fioneorrAnereial ttse of stieh t L traetors 'i semitrailers. t_t design shall ineet the standards Ordinance No. Series of 1997 Page 3 Reqttirements. Section 4. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2 ) District Regulations, Subsection (E)(2)(a) and (b) is hereby amended as follows: (2)(a) THE REGULAR STORAGE OR parking of more than three (3) commercial truck- tractors and/or semitrailers on any parcel or lot, here _ ehie1__ are not related L_ shall require approval of a special use permit. in order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semitrailers used in commercial ventures may be parked, e.,. ial use ..F..ue' 1376..1. .asta..s °'a/_-..e'-railaH Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in surrounding area. Proposed methods of controlling or reducing air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and, 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (2)(a) above, the following words shall have the following . meanings: 1. "Truck tractor" means any motor vehicles which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property o er the public highways. Ordinance No. Series of 1997 Page 4 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section 5. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (I), District Regulations, Subsection (C) is hereby amended by the addition of the following new subsection (6): (6) PARKING OF NOT MORE THAN THREE (3) COMMERCIAL TRUCK- TRAILERS AND/OR SEMITRAILERS IN CONJUNCTION WITH, AND ACCESSORY TO ANY USE PERMITTED IN THIS DISTRICT AND WHEN IN CONFORMANCE WITH THE PARKING DESIGN STANDARDS SET FORTH IN SECTION 26-31(C)(14) OF THIS ZONING ORDINANCE. IT IS NOT INTENDED THAT SUCH PARKING LIMITATIONS SHALL APPLY TO PICKUP AND DELIVERY TRUCKS NORMALLY ASSOCIATED WITH BUSINESS OPERATIONS. Section 7. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24 Light Industrial (I) District Regulations, Subsection (E)(2)(a) and (b) are amended as follows: (2)(a) THE REGULAR STORAGE OR Parking of more than three (3) commercial truck- tractors and/or semitrailers on any parcel or lot, where _uelt . _hiele_ are not relate ] shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semitrailers use in commercial ventures may be parked, noncomme. . 1 Mf'f ._.__l..-_,..,._.. -_e1__ -__:.__:1__ . Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off- Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses and proposed methods of assuring compatibility, such as screening, landscaping, setback of orientation. (b) When used in this section, the following words shall have the following meanings: 1. "Truck-tractor" means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 4. "REGULAR PARKING-OR STORAGE" MEANS THE PARKING OR STORAGE OF A TRUCK-TRACTOR OR SEMITRAILER UPON A PARCEL OF LAND IN EXCESS OF FOUR (4) CONSECUTIVE HOURS. Section S. 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 9 Severability, If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 10 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 11 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 1997, 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_, 1997, 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 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 5)) INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO OUTSIDE STORAGE REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-22, Commercial- One (C-1) District Regulations Subsection (C)(3)(b), is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-23, Commercial- Two (C-2) District Regulations, Subsection (C)(3)(b) is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. ,-.-Ordinance No. Series of 1997 Page 2 Section 3. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial (I) District Regulations, Subsection (C)(3 ))(b) is hereby amended as follows: (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adjacent properties and streets by a six-foot-high solid wall or fence. THE ZONING ADMINISTRATOR MAY REQUIRE A TALLER SCREENING FENCE OR WALL, UP TO TEN (10) FEET IN HEIGHT, WHERE SUCH OUTSIDE STORAGE IS, OR IS ANTICIPATED TO BE, VISABLE FROM ADJACENT STREETS AND/OR ADJACENT RESIDENTIAL AREAS. WHERE FENCE OR WALLS IN EXCESS OF SIX (6) FEET IN HEIGHT ARE REQUIRED, THE ZONING ADMINISTRATOR SHALL EVALUATE POTENTIAL IMPACTS TO ADJACENT PROPERTIES AND REQUIRE DESIGN MITIGATION TO LESSON OR ELIMINATE SUCH IMPACTS. Merchandise, material and stock shall not be stacked to a height greater than the height of the screening fence. Section 4. 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 5 Severabilit. 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 6 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 6 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 1997, 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 , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. <<Ordinance No. Series of 1997 Page 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1997. SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: al 1) C INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 26, ZONING CODE, PERTAINING TO MAXIMUM LOT COVERAGE AND MINIMUM LANDSCAPE REQUIREMENTS WITHIN THE LIGHT INDUSTRIAL (I) ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial District (I), Subsection (H)(3), is hereby amended as follows: H.(3) Alacimum lot coverage. Ninety (98) EIGHTY-FIVE (85) percent. (See section 26-5 for definition.) Section 2. Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 26-24, Light Industrial District (I), Subsection (H)(9), is hereby amended as follows: H.(9) Landscape requirements. See seetion 26 NOTWITHSTANDING THE PROVISIONS FOR MINIMUM LANDSCAPE AREAS SET FORTH IN SECTION 26-32(D)(3)(C)(1). LANDSCAPING SHALL NOT BE LESS THAN FIFTEEN (15) PERCENT OF THE GROSS LOT AREA. ALL OTHER PROVISIONS OF SECTION 26-32 APPLY. 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 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 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 ,Ordinance No. Series of 1997 Page 2 of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail Section 6. 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 1997, 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 , 1997, 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 1997. SIGNED by the Mayor on this day-of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: lL D" INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE REGARDING SPECIAL USES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Chapter 26. Article 1. Zoning Code, Section 26-6. Special Uses (SUP), Zoning Code, Subsection (B) is hereby amended as follows: Sec. 26-6. Legislative and administrative process and procedures. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be required by other city ordinances and/or stat _ X,ar(B) Special Uses: Special uses are discretionary uses which if properly designed, developed, operate an mamta eni may be approved for any specific location within a zone district wherein the special use is enumerated. There are two categories of special use approval: (1) Land Vested. These special uses require substantial investment in site and/or building improvements which are long term capital investments and are unique in design such that adaptation to a principal permitted use in the particular zone is impractical and cost prohibitive. Approval of these special use permits shall become a vested property right which may transfer with the land or lease, Q'- I" subject{1tto all conditions of approval. / ItZ (2) Owner Grant of Use: This category special use is less dend en/t' upon unique site and/or building improvements to accommodate the use,, is highly dependent upon proper management to ensure that operational aspects of the use are not detrimental to adjacent properties, the neighborhood, or the general public welfare. Therefore, approval of "Owner Grant-Special Uses" vests only to the owner of the special use approved and shall not be a vested property right and shall not automatically transfer with the land or lease, except through inheritance by an heir. Special users ai e h ighly dependent upen proper design, nianagentent, and apertaienttl aspeets; Ordinance No. Series of 1997 Page 2 heir. approval is thretigh inhet itanee by an The primary issues which planning commission and city council shall address are those related to justification of need and those special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, the planning commission and city council shall have the right to approve, approve with modifications or deny a special use request and to revoke previously approved special use permits pursuant to subsection (6) hereof. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (2) Application john and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to ]told a neighborhood input meeting. (See subsection (17)(1) for requirements.) (b) Special use applications may be originated only by the prospective owner of the proposed special use,-with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the land owner, or their legal representatives, must be present at all public hearings. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 X I I inches minimum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public street rights-of-way, public easements, irrigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public improvements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc.. 6. Existing and proposed street access points or curb cuts and dimensions thereof. 7. Proposed site development elements, including general building envelops, landscape/open space buffers, parking and loading areas, and outside work, storage or display areas. 8. Site data table, including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc.. (e) Upon receipt of a complete application packet as described above, the planning Ordinance No. Series of 1997 Page 3 and development department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. (3) Criteria far review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. (c) Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. (f) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (g) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (11) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission shall make a specific determination specifying the recommended classification of the proposed special use as "Property Vested" or "Owner Grant". Planning commission may recommend conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the special use in addition to Ordinance No. Page 4 Series of 1997 standard development and use regulations which apply within a particular zone district or for a similar "permitted use". Such conditions or stimulations maybe recommended in order to ensure compliance with the criteria for review, which, in the case of "Owner Grant" uses, if not complied with, shall be grounds for revocation of the special use. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council. (5) City council review. City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission. Special uses may only be approved by passage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26-6(F)(1). The proposed ordinance shall specify the category of special use being considered as requested by the applicant. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented, and either pass, pass with modifications, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such special use permit, signed by the owners of twenty (20) percent or more of the area: (a) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (b) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. (6) Enforcement. All conditions and stipulations imposed by city council shall be maintained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate normal code enforcement procedures in the case of a "Land Vested" special use, or in the case of "Owner Grant" special uses, initiate revocation proceedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. ,Ordinance No. Page 5 Series of 1997 (b) Upon a finding of noncompliance by a code enforcement officer after the prescribed correction date, the zoning administrator shall schedule a revocation hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. Any revocation action shall become effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continuance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the date of the continued hearing, should the council find that the conditions and stipulations have not been satisfactorily met, councils shall adopt the revocation ordinance. m f h (5) i i ithi Fi shall terminate or shall othe rwise beeente ea i to t ese pr erm 0 ov s ons m n ve years of the date that sttelt a this five )ear anterfization p eiiod no a without a 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. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date Ordinance No. Series of 1997 Page 6 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 1997, 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 , 1997, 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 SIGNED by the Mayor on this ATTEST: WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 1997. day of 1997. DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION May 15, 1997 STUDY SESSION Notice is hereby given of a Study Session to be held before the City of Wheat Ridge Planning Commission and City Council on May 15, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. II 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - May 1, 1997 6. STUDY SESSION ITEM 1. Case No. ZOA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations regarding uses allowed at "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado. (Continued from April 3, 1997.) 7. CLOSE THE STUDY SESSION 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION AND DECISION ITEMS 11. COMMITTEE AND DEPARTMENT REPORTS 12. ADJOURNMENT C7 4 6 Pew" O&m v -97-~ 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-644 Ridge FAX 303/234-5924 MEMORANDUM TO: Industrial (I) Zoned Land Owners FROM: Glen Gidley, Planning & Development Director RE: Status of Proposed Amendments to Light Industrial Zoning Regulations/Case No. ZOA-97-1 DATE: May 5, 1997 As you have recently been informed, the City of Wheat Ridge is considering amendments to the zoning code regarding the Industrial Zoning regulations (Case ZOA-97-1), which may affect the future use of your property. The Planning Commission held a meeting April 3, 1997, at which time many of you testified. The Planning Commission has continued this matter to May 15, 1997, for fiu-ther study. No decision or recommendation, other than continuance, resulted from this April 3rd meeting. City Council had scheduled a joint work session with the Planning Commission to further discuss the issues relating to this proposal on April 24th. However, due to severe weather, the 24th meeting was canceled. Therefore, City Council will meet with the Planning Commission on: May 15,1997 Thursday, at 7:30 p.m. Wheat Ridge City Hall Council Chambers 7500 West 29th Avenue Wheat Ridge Although this is a public meeting, it is not a public hearing, and no final decision will take place. It is intended to allow a more in-depth discussion between City Council and Planning Commission regarding the Industrial areas, the Comprehensive Plan, and zoning regulations. Thanks for your patience, and should you have any questions; please feel free to contact me at 235-2844. MEMORANDUM f WHEgI To: Planning Commission From: Glen Gidley, Planning & Development Director Re: Case ZOA-97- I /Industrial District CAL ORA00 Date: May 9, 1997 The City Council is scheduled to meet with you at your May 15, 1997, meeting to further discuss Industrial District issues. Various changes that have been considered to date by City Council and Planning Commission include: Rezoning from Industrial (I) to Planned Industrial Development (PID). 2. Shifting currently "Permitted Uses" in the "I" zone to "Special Uses". 3. Amending the "Special Uses" general provisions in Code Section 26-6 to: a. Eliminate five year amortization of nonconforming uses. b. Eliminate the "nontransferability" provision of nonconforming uses. C. Create two types of Special Uses. One that would vest with the property and another that would vest only with the owner. 4. Amending the "Conditional Uses" general provisions to be similar to the "Special Uses" provisions. A secondary option to this was the elimination of "Conditional Uses" and shifting them into either or both "Permitted" or "Special" uses. For the purpose of simplifying the issues and focusing on possible solutions, I would like to provide the following summary: A. CONCERNS OF COUNCIL AND RESIDENTS Semi-trucks and trailers are allowed as permitted, accessory uses in the Light Industrial Zone, without special review and public input. 2. Outside storage of industrial types of equipment and materials is permitted with only a six-foot screen fence or wall. Any permitted use in the Industrial District can develop and use property without a public hearing process involving neighborhood input and quasi-judicial approval. Memorandum - Page 2 RE: ZOA-97-1 May 9, 1997 B. CONCERNS OF INDUSTRIAL PROPERTY OWNERS Rezoning to PID unfairly limits their ability to use their property for a wide variety of "Permitted Uses", but rather would require a public hearing, rezoning type process to change uses or make physical modifications. They perceive this as uncompensated takings. 2. Shifting most of the "Permitted Uses" into the "Special Uses" category unfairly limits their ability to use their property for a wide variety of "Permitted Uses", but rather would require a public hearing, rezoning type process to change uses or make physical modifications. They perceive this as uncompensated takings. In addition, it places a five-year amortization schedule on them and a nontransferable limit on them because their new "Special Use" has never received approval. This makes leasing existing space or selling the property extremely difficult and devalues the property. C. CONCERNS OF PLANNING STAFF 1. RE: Rezoning Option a. If the legal protest provision of the City Charter applies, which the City Attorney has advised that it does, then a legal protest is almost guaranteed by the land owners. Before going through this resource intensive, politically charged process, is their a 3/4 majority of Council in favor of rezoning? b. Zoning Code Section 26-25, Planned Development District regulations require an Outline Development Plan to be reviewed and approved with rezoning to a Planned Development District. Obviously this requirement would not be met with this rezoning process. 2. RE: Shifting currently "Permitted Uses" in the "I" zone to "Special Uses" a. This creates nonconforming uses on almost every developed I-zoned property as the Special Use general provisions of Section 26-6 are currently adopted. b. Such nonconforming uses, unless the Special Use provisions of Section 26-6 are amended otherwise in the future, would be vested to the current owner/occupant, and would need to conform in five years. Memorandum - Page 3 RE: ZOA-97-1 May 9, 1997 C. For Council to decide to "exempt" these properties from the nonconforming provisions will create potential administrative errors in the future since the "general" rules would not apply to all similarly situated properties. Every time a unique condition or requirement is placed upon a specific "straight-zoned" parcel, the odds of an administrative error increases. 3. RE: Amending "Special Uses" general provisions. Staff generally agrees with the three suggested revisions. 4. RE: Amending "Conditional Uses" to be processed the same as "Special Uses" Staff believes that there needs to be a site plan review process for certain uses which is fairly simple and quick while allowing for reasonable neighborhood involvement and reasonable public decision discretion. The current Conditional Use process adequately provides for these objectives. D. RECOMMENDED ACTION RE: Semi-trucks and Trailers Amend all of the Commercial District Regulations and Industrial (I) Regulations to limit the 'regular parking or storage" of more than three semi-trucks and trailers upon a property subject to a Special use Permit. This would not apply to semi-truck activity making deliveries or pickups. The term "regular" would need to be defined, such as "for a time span in excess of four hours". 2. RE: Outside Storage Amend the C-1, C-2 and I district regulations to allow (or require) taller solid walls and fences to screen outside storage areas. Maybe up to ten feet high. 3. RE: Special Use Permits a. Amend Section 26-6 to eliminate the Special Use nonconforming provisions hence, Section 26-7, nonconforming provisions would apply. b. Amend same to allow for a specific determination at time of approval by City Council that designates a specific Special Use application as either "Property Vested" or "Owner/Applicant Vested". 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge FAX 303/234-5924 MEMORANDUM TO: Industrial (I) Zoned Land Owners FROM: Glen Gidley, Planning & Development Director RE: Status of Proposed Amendments to Light Industrial Zoning Regulations/Case No. ZOA-97-1 DATE: May 5, 1997 of WHEgT M U fTi C0LOR PLO As you have recently been informed, the City of Wheat Ridge is considering amendments to the zoning code regarding the Industrial Zoning regulations (Case ZOA-97-1), which may affect the future use of your property. The Planning Commission held a meeting April 3, 1997, at which time many of you testified. The Planning Commission has continued this matter to May 15, 1997, for further study. No decision or recommendation, other than continuance, resulted from this April 3rd meeting. City Council had scheduled a joint work session with the Planning Commission to further discuss the issues relating to this proposal on April 24th. However, due to severe weather, the 24th meeting was canceled. Therefore, City Council will meet with the Planning Commission on: May 15,1997 Thursday, at 7:30 p.m. Wheat Ridge City Hall Council Chambers 7500 West 29th Avenue Wheat Ridge Although this is a public meeting, it is not a public hearing, and no final decision will take place. It is intended to allow a more in-depth discussion between City Council and Planning Commission regarding the Industrial areas, the Comprehensive Plan, and zoning regulations. Thanks for your patience, and should you have any questions, please feel free to contact me at 235-2844. Uric Environmental Health John Mayer Tenant 12325 W. 52 Ave. STE. 201 10750 W. 47th Avenue 4980 Tabor Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Linda Dadisman 11771 W. 49 Ave. Wheat Ridge, CO Ron Delman 12000 W. 52 Avenue 80033 Wheat Ridge, CO 80033 Robert Hodges 11990 W. 52 Avenue Wheat Ridge, CO 80033 Apache Steel Corp 12280 W. 50 Place Wheat Ridge, CO Harmson & Sons Development c/o R. Harmson 8035 Newman St. Arvada, CO 80005 Thomas Byer 165 Dudley St. 80033 Lakewood, CO 80226 Hauptman Investment 4704 Harlan St. #245 Denver, CO 80212 Jacqueline Oglevie P.O. Box 280851 Lakewood, CO 80228 June Sanders 13071 W. 20 Avenue Golden, CO 80401 Triad Real Estate 7881 W. 48th Avenue Wheat Ridge, CO 80033 Empire Investments . 10830 W. 44th Avenue Wheat Ridge, CO 80033 Leaf, Inc. 500 N. Field Dr. Lake Forest, IL 60045 Alan McLean P.O. Box 208 Wheat Ridge, CO 80033 Ralph Deorio 12550 W. 44th Avenue Wheat Ridge, CO 80033 Arvex Properties P.O. Box 1234 Arvada, CO 80001 Securities Industry Software 4725 Independence St. Wheat Ridge, CO 80033 Walter Trujillo 11950 W. 52 Avenue Wheat Ridge, CO 80033 Joe DaVilla 5055 Tabor Wheat Ridge, CO 80033 Pester Colorado Corp Box 4372 Houston, TX 77210 Western States Mineral 4975 Van Gordon Wheat Ridge, CO 80033 Bill/Loretta Braning 14125 W. 48 Avenue Golden, CO 80403 Melvin Koeltzow 12385 W. 48 Avenue Wheat Ridge, CO 80033 Jay Levy 8933 E. Union Ave. 4216 Englewood, CO 80111 Ready Mixed Concrete P.O. Box 2290 Denver, CO 80201 George Klunker Muchando Trucking Ken Dalmain 4901 Marshall St. 5040 Tabor 12000 W. 52 Avenue Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Sharon Peterson Lee Jordon Bill Sanders 12360 W. 49 Pl. 5000 Ward Rd. 4805 Van Gordon St. Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Patricia Grossman 11771 W. 49th Avenue Wheat Ridge, CO 80033 George Wyatt 506 High Point Dr. Golden, CO 80403 Lee Jordan 14470 W. 56th Place Arvada, CO 80002 Jolui Cillessen 12300 W. 49 Pl. Wheat Ridge, CO Bob Velten 10670 Ross Street 80033 Westminster CO 80030 Mike Ursetta/Sherry Gerard 10852 W. 44th Avenue Wheat Ridge, CO 80033 Sharon L. Petersen 8192 Kline Arvada, CO 80005 John Moyer 5000 Tabor St. Wheat Ridge, CO 80033 Patricia Grossman 15040 W. 52 Avenue Golden, CO 80403 June/Bill Sanders John Carlson 2960 Braun Court 12300 W. 49th Place Golden, CO 80401 Wheat Ridge, CO 80033 CID 1 POSTAGE RETURN SHOW TO WHOM DATE AND/ RESTRICTED IVERY L RECEIPT IVERY DEL ADDRESS OF DE CERTIFIED FEE I RETURN RECEIPT SERVICE TOTAL POSTAGE AND FEES NOINSUCCOVERAGE PROVIDED - . SENT TO: NOT FOR INTERNATIONAL MAIL 111 1110 AII PIT Bob Velten 10670 Ross St. 5 stminstsr/ 00 80030 Cr v 7J A-97-1 - I POSTAGE SENDER:. RETURN "0' TO WROM, DATE i Complete items 1 aed✓or 2 to RECEIPT ADDRESS OF DELVERY . print your name and addrom CERTIFIED FEE+RETUF to you. O SERVICE TOTAL POSTAGE AND FEI • Attach this form to the front [ N s SENT TO: NO INSURANCE CO' Nor FOR wTEi • The Return Receipt will show , - _ SFF ~1 A Thai. Addressed to 3 a m Pat icia Grosom ~Pz, ricia t v 15040 W. 52 Men ray Ea GD1den/ 03 304 ClI Ir 0 ZOA-97-1 - __2a3- - r SENDER: PS FORM 3800 US = Complete items 1 and/or 2 to ..Print. ycur name and addres. POSTAGE to you. j - ETURN SHOW TO WHOM. DATE • Attach this form to the frontu ' !RECEIPT ADDRESS OF DF DE DeuvERr .The Return Receipt will show ERVICE CERTIFIED FEE+RETUP 3-Article Addressed{0' TOTAL POSTAGE AND FE NO INSURANCE GO Cale SENT TO: NOT FOR mTE [SEE IT John Cille PIT 12300 W. 4!? , M Meat Ridge?, , .n :-.a~57-1 n- 5. Received By: (Print ZOA-97-1 r Of PS FORM 3800 US !ENDER Completeitema l and/or 2 for - . - ' ' . Print your name and address POSTAGE to you' RETURN SHOW TO WHOM. DAT . Attach this form to the front df RECEIPT ADDRESS OF DELIVEF . The Return Receipt will show I 0 SERVICE CERTIFIED FEE +REP 3. Article Addressed to TOTAL POSTAGE AND NO INSURANCE( jbArlti N~ w ar SENT TO; oTFORINI . 311100 Tawx John ttyer M ' 6000 Tabor St. t fiat Ride / C M Z~1 7-1 D" -.--t6i ZCA-97°1 5. Received By: (Print N r,s Nl1 - "-'--PS FORM 3800 US 6. Signature: Addressee x PS FO 381 1, Janli 0 m - _ - - - T - - - U - - - - - - - - - °m DO SO D 2 3 Z ~ _ O Jd x t° m n m C' A y m n a- m K Er ' N CIO W m 3 n f^1' tF3 r; a n F o w d » YJ`t o 13 T • 3 orv R ~ ~ a F P, m 2 3 m O ° a O O a ° -D z ¢ < DO W v O :J1 N zE; g C N m n iv 0.. _ (D c m m m W Q Mnv;o a 0 a m G- ~ cL m T W . 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NOTFO t it the date delivered h it d I' 2. ❑ Restricted Delivery j i I t t to f • The Return Receipt will show to whom t e art a a was a Ivera an Consu t pore mas er r ea. 3. Article Addressed to 4a. Article Number patricic 11773 W. Patricia meat rd 12773. w. 49th srer~<Y ZCAe-97-1 RETURN RECEIPT SERVICE C3 ra a ra -0 m rrt er P 963 361 408 4b. Service -type X CERTIFIED 7. Date of Delivery - 7 ( F o ,.,va a rp,;,,tnfa.NOt z 1~1 I C6 1 1 8. Addressee's Address ...TAGE SENDER: I also wish to receive the SHOW To wr DRESS OF Complete items 1 and/or 2 for additional services. ' following services (for an extra fee): AD . Pont your name and address on the reverse of this form so that we can return this card CERTIFIED GE to You - 1. ❑ Addressees Address • Attach this form to the front of the mailpiece, or on the back it space does not permit. 2 El Restricted Delivery TOTAL Posen . NONgv. N01 • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number George %)liw F~as, U Wyatt P 963 361 409 506 Hi PC , 1.1-,I) "PcAx'3t :X. 4b. Service Type GDldenr 01) CO 04'G CERTIFIED ZOA-97-1 7. Date of Delivery f eceived By: (Print am G/\ 48. ddressee's Address -P$ FORM 3800 ONLY if requested and fee paid.) Po( Signatur : ( ddresseOOr Agent) [RECEIPT URN VICE i d TOTAL F P FORM 811, J ry 1996 SENT TO. N`' $w Yee 0'ca' •.i• 1s3F? a}G3:'iisi" £1 14470 W. ,1?7 t Placey z . ZOA--97-1 7 Domestic Return Receipt I I I . P.. I h J 3ti y Of I U. 4b. Service Type CERTIFIED 7. Date on iry rR I-a a M ~ r1'I o-, 0. j RETURN RECEIPT SERVICE SENDER: I also wish to receive the . Complete items 1 and/or 2 for additional services. following services (for an extra fee): Q - •Print your name and address on the reverse of this form so that we can return this card to you: 1. ❑ Addressee's Address POSTAGE • Attach this form to the front of themailpiece, or on the back if space does not permit, 2. ❑ Restricted Delivery SHOW TO I . The Return Receipt will show to whom the article was delivered antl the date delivered. ADDRESS c Consult postmaster for fee. CERTIFIED 3. Article Addressed to: 4a. Article Number - TOTAL PDS-: ) P 963 3k1 411 .0 No Nil .'iraun, t". S.:r`..;.~"t 4b. Service Type 00',' %041 1 2960 H X CERTIFIED C~3s3erir 97-4-7. Date of Delivery ZW~ -9'' i o. r 6. 'PS FORM 3800 PS FORM By: (Print Name) January 1996 8. Addressee's Address (ONLY if requested and fee paid.) Dwestic Return Receipt ru a S r•a .o rn m o- 2 SENDER: I also wish to receive the POSTAGE . Complete items 1 and/or 2 for additional services. following services for an extra fee): RETURN SHOW TO WHOM. De . Print your name and address on the reverse of this form so that we can return this card ADDRESS OF DELVE t ❑ Addressees Address 1 RECEIPT o you . CERTIFIED FEE+RE' . Attach this form W the front of the mailpiece or on the back if space does not permit: 2 ❑ Restricted Delivery SERVICE , . TOTAL POSTAGE AND .The Return Receipt WIII show to whom the article was delivered and the date delivered. Consult postmaster for fee. rvo lrvs ll 3. Article Addressed to: SENT TO: NOT FOR FOR In 1i~.ha Ja J 4a. Article Number P 963 361 412 orc ~'f rri yap z 7<. 5000 Waft Rd. s +at ar'e t r , 7 ~3 Moat Ridger C ZQ-~i-97-1 4b. Service Type X CERTIFIED 7. Date of 5 r.,. 1 1 a o -,aln 0 U 380 SENDER: I also wish to receive the - . Complete items 1 and/or 2 for additional services. following services (for an extra fee): .print your name and address on the reverse of this form so that we can return this cab 's Address 1 ❑ Add PosTAGE to you. . ressee SHOW TO WNON . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery ADDRESS OF DE' GERTINED FEE+ a The Return Receipt Wtll show to whom the article was delivered and the date delivered. COOSUt postmaster for fee. 3. Article Addressed to: 4a. Article Number TOTAL POSTAGE NOINSDRAt .NOT F( { JJ ~Z 3 i,'..: ZSS P 963 3 61 402 AS/.: RETURN \ RECEIPT RE! SERVICE 0 SENT r-I m m E d m C3 S ra m Rill/Lozeta 134125 W. 4F Csaldarir CO L :x .S.C.). a7.isw 1.112,j W. 16t~" Awn,w J 4b. Service Type X CERTIFIED 7. By: (Print Name) ZOA 97-1 S FORM 3800 POSTAGE RETURN RECEIPT SERVICE esspee or i% 8. Addre: (ONLY / lY CL ~ lob. ADDRESS OF GD°[ PS FORM 38111 u ray, 1996 Domestic Return Hecelpr CERTIFIED FEE1 TOTAL POSTAGE - No INSURP 2 Attach this form to the front or the mailpiece'or on the back rf space Goes n6Cpermit. NOTE . The Return Receipt will show to Whom the article was tleliveretl and the date delivered. 3. Article Addressed t¢ € lvia 8093 -~:Eezrt hc3rALZc 122385 W. 48 ♦ i 4b. Service type - i lteat Ridge I a n at situ, • a) t'Y) > CERTIFIED ZCL -97.1 - SENDER: .Complete items 1 and/or 2 for additional services. also WISh t0 f the r following services If Ilan e4Wee): ~ noa r~ ~ nb . Print your name and address on the reverse of this form so that we can return this card ❑ Addresse 'ss Address nl 1 _ _ _ „~c, r „ to you. . - POSTAGE . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ R IP!t ~yL..~r~p Ee:: • : Y't2~' - _ RETURN SHOW To VJH • The Return Receipt Will show to whom the article was delivered and the date delivered. Consult postmaste orftj RECEIPT ADDRESS OF 3. Article Addressed to: 4a. Article Number SERVICE CERTIFIED Fe TOTAL POSTAL -Jay .aTd;t P 9k3 361 404 - - 3' SENT. TO: NO INSU NOT T> Fly; '~1asa c... aita'5Ave. 4b. Service Type 'Th JWY 1.139y CERTIFIED ITT 8933 E. W mt Ridr t r-1 7. Date of Delivery rn S /3 -~1 ' - 5. Received By: (Print Name) 8. Addressee's Address j - -0. (ONLY if requested and fee paid.) I 6. Signatur ' (Addy ssee or A pent) -PS FORM 3800 X - i PS FORM 3 c: January''. 1996 k - Domestic Return Receipt I 2. 1J -Restricted Delivery Consult postmaster for fee. c963c P 361 403 Complete Items 1 and/or 2 for additional services. I also wish to receive the I POSTAGE a Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): RETURN SHOW TO WHOM to Wk. 1. ❑ Addressee's Address RECEIPT ADDRESS OF DEL' . Attach this form to the front of the mailpieoe, or on the back if space does not permit. 2. ❑ Restricted Delivery SERVICE CERTIFIED FEE .The Return Receipt will show to whom the ad Cie was delivered and the date delivered. Consult postmaster for fee O TOTAL POSTAGE n 3. Article Addressed to: . 4a. Article Number S SENT TO: NO INSUMN NoTFGI - P 963 361 405 • c 4b. Service Type D0~'NT M P .O. Box D§aafMr, CL: C D y~ - Er • 7. Date of Delly y I j SENDER: I also wish to receive the . Complete items 1 and/or 2 for additional services. following services (for an extra fee): - • Pont your name and address on the reverse of this form so that we can return this card ❑ Addressee's Address 1 POSTAGE to you. . Attach this form to the front of the mailpieoe, or on the back if space does not permit. . 2. ❑ Restricted Delivery RETURN ADORE TO WHOA' ADDRESS OF DE • The Return Receipt will show to whom the article was delivered alSd the date delivered. CORSUt postmaster forfee. E CERTIFIED'FEE+ 3, Article Addressed to: 4a. Article Number C3 . TOTAL POSTAGE ' P 961 3131 401, Z11 SENT TO: NO INSUM NOT rf a x31 1`tI 4b. Service Type 3t a 1<: { 4 l'> s I"1 1~ CERTIFIED M r 12000 W. 52 7. Date of Deli er Er ~ ' X97-1 ' . SENDER : als ter iye the . Complete items 1 and/or 2 for additional services. followin vices ( r extra f • Print your name and atltlress on the reverse of this form so that we can return this card - Addr~se's Tess 1 PS FORM 3800 toyou . . Attach this form to the front of the mailpieoe, or on the back if space does not permit. 2. Restricted De iv ry • The Return Receipt will show to whom the article was delivered and the date delivered. Co Ult pUstftgter r fee. POSTAGE 3. Article Addressed to: - 4a. Article I~ rf991 RETURN SHOW TO MON, ADDRESS OF DE ;T, P 963 3[o1 415 C3 RECEIPT SERVICE CERTIFIED FEE `dztroC' i1. ICP~„r' .,€"~.T. G 4b Service Type TOTAL POSTAGE n + a . NO INSUR SENT TO: _ NOT ED FOO A W4+iJ L) f 1+''' '05 ~ CERTIFIED rZi t, M rn ~ A . ~ - -`)7- 7. DAt gf liv_erb ry 1 A i$9 - I at 5. Received By: (Print Name) B. Addressee's Address - E me ° (ONLY if requested and fee paid.) r D- 6. S nature: (A re e or A t) aZOA-197-1 X r PS FORM 3$11,r _ uary 79961 t ? ! " ~ t POrripgti6 Return Receipt POSTAGE j I RETURN SHOW TO WHOM,! RECEIPT ADDRESS OF DELn CERTIFIED FEE +REru. 3. Article Addressed.t° 4a. Article Number M1 SERVICE E TOTAL POSTAGE AND FE M NOINSUMNCE C( SENT TO: NOT FOR INTE a 2aaant m 99$6 Tabor M VJlseat Ridge, CX . Er 5.f o ZOA-97--1 ' PS FORM 3800 US P ~I~.r~a~~ 9 6 3 3 61 3 9 7 4b. Service Type CERTIFIED 7. Date of Deli Jived By: Print N ) - 8. Addressee's Addr s & (ONLY if requested and fee paid.) or PS FORM 381.1,iJanI 1996 ! QOfneStlC Return Receipt u-j CD Q' m EE m m Er 'CL m Complete items Land/or 2 for additional services. following services (for an extra fee): POSTAGE a Print your name and address on the reverse of this form so. that we can return this card El Addressee s Address 1 RETURN RECEIPT TO WHOM, I to YOU. SNOW ADDRESS OF DELI' • Attach this form to the front of the mailpiece, or on the back if space does not permit. . Z. El Restricted Delivery SERVICE CERTIFIED FEE + F a The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. SENT TO: TOTAL POSTAGE At 3. Article Addressed to: rvo lNOT~oa - Wclltar '1,UJ12.1 4a. Article Number P 9[33 3 61 398 M1'tBS :A :tom 5 1 4a.. 11950 W. A at :;i < 3: , c ~ 3. Yet Ri , i P FORM 3800 5. Received By: (Print Name) A 4b. Service Type X CERTIFIED 7. Date of Addressee's Address (ONLY it requested and tee paid.) POSTAGE aow¢n. i GIJV vv ~cwc u RETURN a Complete items 1 and/or 2 for additional services. following services for an extra fee): ADDRESS Of OM t aPriat your name and address on the reverse of this form so that we can return this cartl ( RECEIPT DEU~ mya, 1. ❑ Addressee's Address CERTIFIED FEE +E. SERVICE a Attach this farm to the front of the mailpiece or on the back if space does not permit 2. ❑ Restricted Delivery 117 U- TOTAL POSTAGE AT m The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. m SENT TO: NO INSURArvc NOT FOR 3. Article Addressed to 4a. Article Number ra P 963 361 399 M Ua Vi 4b. Service Type 5055 mBbor m hUat Rita { r+. x3t ; zu;: w „fir}:t CERTIFIED , . 1 Whr-97-1 r> 7. Date of Dellverv_-, _ 0- SENDER: I also wish to receive the - a Complete items 1 and/or 2 for additional services. following services (for an extra fee): PS FORM 3800 L • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee's Address to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RETURN POSTAGE . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. I RECEIPT SNOW TO weOM, [ ADDNESS of GEUV 3. Article Addressed to: 4a. Article Number SERVICE CERTIFIED FEE +Fit " 1 40D L3 31 ~ TOTAL POSTAGE AN 5~ 3i31.ar 'W1C r„({;((J .`,f,J.f". ia.I: ~r( G p 9 , C3 NO INSORANCI s SENT TO: Nor FORS Pal -0 Paster colora m Box 4372 M Houston, TX Ir ZOAo-97-1 5. Received By (Print a I I RETURN RECEIPT rq SERVICE C3 SENT To n-I r erE ~iz ;:1.,a{Nd, f,.w1 3 M 4975 van - 0 %heat Ric: Elf! ZG "97 1 5. Received By: (Print Name) ),vsk 5UN- 1 &I 6. Signature: (Addressee or Agent) FORM 3800 U~ v PS /FORM 3811.; January 1996 . . 51ry1i: _ y f i. . % s7-~ CERTIFIED 7. Date of Delivery - gnature: (Addressee or Agent) 6. S -r ig POSTAGE / SNOW TO WHOM oq PS FORM 3811 January 1996 ADDRESS OF DEUV- f CERTIFIED FEE IRE TOTAL POSTAGE ANC - NOINSURAN F NOT FOR IN rcpt 2 rC xJ irtvz:'F ~''?ur'' 1 .gi~lG - Receipt P 963 361 401 4b. Service Type CERTIFIED 7. Date of Delivery , '7 - 5 -'Y - c/ / Addressee's Address (ONLY if requested and fee paid.) 8. Addressee's Address (ONLY it requested and fee paid.) --rs._ - . Complete items 1 and/or 2 for additional services. arsu wean ro receive uie i PostAGE . Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): l !RIETURN SHOW To MOM. DA to you. 1. ❑ Addressee's Address ECEIPT ADDRESS OF DEUVr ° Attach this form to the front of the mailpiece, or on the back if space does not permit Z❑ Restricted DQIVery CERTIFIED FEE+REm ERVICE . The Return Receipt will show to whom the article was delivered and the date tleliveretl. Consult postmaster for fee TOTAL POSTAGE ATE Q' 3..Article Addressed to: 4a. Article Number m NO INSURANCE - - SENTTO: NOT FOR Ir a ,,,t ria P 963 361 393 -d 171]7h i"IE ,.f. .`x Vrz,l.ri 4b. Service Type m 12550 W. 3' r_ 1 < ! is n>::_< IM Wheat Rf CERTIFIED n - SENDER 9.~m,. I also wish to receive the ~ complete items 1 and/or z for additional services. following services (for an extra feel . Print your name and address on the reverse of this form so that we can return this card t to you. 1. El Addressee's Address . Attach this form to the front of the mailpiece, or on the back if s do" It. 2. ❑ Restricted Delivery . The Return Receipt will show to whom the article was derv d~D r Consult postmaster for fee. T-k i m- 3. Article Addressed to i PosrncE Qe ~1_ 4a. Article Number RETURN SHOW TO MC P 9 in 3 361 394 RECEIPT ADDRESS OFL CERTIFIED FEE 1b'PWY ??S'C7'.en2 y,.x. S 6, C7 SERVICE 6 5Q 4b. Service Type Er TOTAL POSTAGE 12 34 Jch m NO INSURAN V SENT TO: NOTFO „?;`Yado,! C) 3 ~4 1 CERTIFIED r9 r,A ^ i 7. Date of Delivery P.O. BOX - I, SENDER: M • Complete items 1 and/or 2 foratlditional services. 12150 Wish to receive the ~i - . Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee)::. to you 1. ❑ Addressee's Address 7OAr-97-1 . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery J • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.. Article Addressed to: 4a. Article Number P 963 361 395 POSTAGE l 4b. Service T .gt'...t3Wa:;`Yi;6,.. YPe ERETURN i:'a SNOW TO WHOM t ADDRESS OF DEL' `i +,i7!~3 at3C1J cERTIFIEDFEE X CERTIFIED tr TOTAL POSTAGE; frl No iNSUaFo 7. Date of Deliver SENT TO' rvoT FOr Y ra _Lr _p 5. Received By: (Print Name) 8. Addressee's Address M See7lyY3 1 s 4725 (ONLY if requested and fee paid) d1 kt SENDER: • Complete items 1 antl/or 2 for additional services. I also wish to receive the t fee. 9r 4 . oint your name and address on the reverse of this form so that we can return this card following services (for an extra ) j_ • you. 1 ❑ ~dc)ressaAdrssc n • Attach this form to the front of the mailpiece, or on the back if space does not permit 2. ❑.-i3es{'ric)`ed Delker'y ?4, . The Return Receipt will show to Whom the article was delivered and the data delivered. COOSUt postmaster for fee 3. Article Addressed to: .c , - 4a. Article Number f RETURN POSTAGE P 963 361 396 ADDR OF To RECEIPT ADDRESS OF 4b. Service Type SERVICE CERTIFIED FE i'^L`: It! r~J iJ✓ NO INSU. Er TOW ' M SENT TO: "°I CERTIFIED rq 7. Date of Delivery m 5040 Ta~c>r 5. R c Qv d By: (Print Name) 8. Addressee's Address M Q*at aay, (ONLY if requested and fee paid.) j tT' 6. Sign tt e: (Addressee or Agent) _ M-a7-1 y Rs FORM 3811, Jain: u ry lsss Dolnestlc Return Receipt PS FORM 3800 %,Ul u11VU Iv1a1e 0 . SENDER: . Complete items 1 and/or 2 for additional services. also wish to receive the i I RETURN POSTAGE 0 Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): SHOW TO WHOM. D. to you. 1. El Addressee a Address RECEIPT ADDRESS OF DEUV CERTIFIED FEE+Rf 0 Attach this form to the front of the mail iece, or on the back ifs ace does not p p permit 2. ❑ Restricted De livery - SERVICE . The Return Receipt will show to whom the article was delivered and the date delivered. J Consult postmaster for fee m Toml PosTACE ANI 3. Article Addressed to . NOwsuRANCI . 4a. Article Number PIP SENT TO: NOTFOR.~ I Is P 963 361 389 FYTttb'i;tT3 ,y S.aT: 4b. Service Type M c/o P. ZieZ T. {A$J s to 8035 Naww _ A Y'6 CERTIFIED Arvada a l d , , <L ~ Date of Delivery ^7 ~ 4 ZGR 97`1 " ~ 5 Rcc d By: (Pri Name ) .Addressee's Address _ _ aS FORM 3800 LITSENDER: • Com lete items 1 and/or 2 for additional services F 'd[so lfkp e the p . - follo ng s e r v eextra fee) jf ii cc POSTAGE . Print your name and address on the reverse of this form so that we can wian this card 0 YOU ry ~ p F p ~I 1 ❑ lis uress- ) RETURN RECEI PT SHOW TO wnol ADDRESS OF D . • Attach this form to tFe front of the mailpiece, or on [he back if space does no[ permit. . ` CERTIFIED FEE • The Return Receipt will show to whom the article was delivered and the date delivered. tr r fee 11. n SERVICE TOTAL POGTAGF 3. Article Addressed to 4a. Article Number I Q" Pill SENT TO. "°INaORA NOT R P 963 361 390 y47 a r;C jt,. } 4b. Service Type 165 Dudley 1 lo( CERTIFIED ^ M CikffiXN3i C ? ukti"~ `3 Y°1 J l ems" ZCIA-97-1 7. Dateof Delivery A~( t~ 6 1997 P...Abed R, [Print NQmp) 1 8-Addressee's Address SENDER: I l i h Complete items 1 and/or 2 for additional services. a so w s to receive the P FORM 3800 0 Print your name and address on the reverse of this form s0 that we can return this card following services (for an extra fee): to you. 1. ❑ Addressee's Address - - . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery I POSTAGE • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee I RETURN So- WRV ADDR E SS TO OF O DEL ADOR. 3. Article Addressed to: - 4a. Article Number RECEIPT , sERVCE CERTIFIED FEE+ P 9131 3131 391 TOTAL POSTAGE A ITI SENT TO: NOINSORANI NOT FOi !.J x t,!y.,i 4b. Service Type a a~ ua ~3t, Sw~ p j CERTIFIED .M R-1 Inc Doe I . 'l, - 7. Date of Delivery 500 N. P°UL '0 TtlkE3 ForeftI f7' 5. Received By: (Print Name) 8. Addressee's Address (ONLY if requested and fee paid) CL 2t97-1 . - f - ~NDER:ema 1 and/or 2 for additional services. - I also wish to receive the following services (for an extra fee): 0 Print your name and address on the reverse of this form so that we can return this card PS FORM 3800 to you. 1. ❑ Addressee's Address . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery POSTAGE M . The Return Receipt will show to whom the article was delivered and the date delivered. COOSUt postmaster for fee. .RETURN - SHOW TO WHO ADDRESS OF DEI, 3. Article Addressed to: 4a Article Number ( RECEIPT . SERVICE CERTIFIED FEE+ i 0 963 361 392 Ill TOTAL POSTAGEO - P-1 SENT TO: NO INSD NOTED > x, 4b. Service Type 4b. Service Type CERTIFIED m Alan Awn : - ?-i - P*O.BWC 208 7. Date of Delivery M Rie t Q' 5. Received By: (Print Name) 8. Addressee's Address d ZOA-97-1 (ONLY if requested and fee paid.) 6. Si gnature: (Addressee or Agent) ig ^ N PS FORM 3800 rt. . AA, PS FORM 381 ii, January lgssi i Domestic Return.Receipt X L17 C0 m a .n M M x u- RETURN RECEIPT SERVICE PosTACE SENDER: _ SHOW TO WHOM . Complete items 1 and/or 2 for additional services I also wish to receive the ADDRESS OF DEI following services (for for an an extn • Print your name and address on the reverse of this. form so- ihacwe can return this cant cERrlneD FEE«' ro you. , t ❑ Addressee's Addres TorAL PosTAGE q Attach this form to the front of the mellplece, or on the back ifs pace doere wtpermiE 2 Restricted Delivery rvo INSURAN • The Return Receipt will show to whom the article was detivered'arM the'date delivered. ' TO: rvoT FO i Cortsblf poatmasterfor fee 3. Article Addressed to ir@ T2L5Ie7 Live 10830 W. d r1 :l z3) 44 wheat Rid;' _ 4;fc t dc o%* . m ZOA-97-1, . 5. Received By: (Print I POSTAGE RETURN SHOW To WHC SENDER: ADDRESS OF DI . Complete items 1 and/or 2 for addltl RECEIPT SER ICE CERTIFIED FEE . Print your name antl address on th TOTAL POSTAGE 0 you. + ff _ m NO INGU SENT TO; NOT F A • Attash ch this form to the front of the m • The Return Receipt will show to wh who r9 3 Article Addressed to: m Georg ICi 9991 MarSha, c sc , 3 mac rTi .n Wheat Ridge ).i a ZO -97-1 PS`FORM 3800 5. Received Bv: (Print Name P- Cc m 1-1 _0 M M A Ir a. ED m 1_q m m _o it 0. POSTAGE !111E TURN SHOW TO wH 6. Signature: (Addy IPT AODRES50F v CERTIFIED FE[ ^ RVICE rOJAL POSTAL PS FORM,381 t SENT TO: No lNSUI NOT, John }A. r. 10750 W. 97th Avenue Wheat RiR a) 130033 ZOO-97-1 ` SENDER: . complete items 1_and/or 2 to PS FORM 3800 t) • Print your name and address to you. POSTAGE • Al ech this form to the front c RETURN SHOW TO WHOM. o • The Return Receipt will show ADDRESS OF DELIb3 RECEIPT 3. Article Addressed to: CERTIFIED FEE- RC SERVICE TOTAL POSTAGE AN . NO INSURANC[ SENT TO: NOT FORT Fm Debt 12900 W. 7-1 Wheat RA F r 5. Received By: (Print A ' - 6. Sig ture: (Addresse ,,PS FORM 3800 IJ X _ " O rn O> N - co D - . r • to = o y n m I 0 rn x 30 ° m o aO ' LD. am 10 03 W 33 6 «`i y. Cg' 25 3 'd ' n .c „t m m a o PY £ PSI o o o d pr n o m D ( V m 3 do O 4t AL or Cr ~ Y N m m ! „ 7 * { r. { ° fi L` a a n ~ 0] V 6 ❑j n O O n m (n D < k s < y 0 I~ ( l N N O so LD. N 03 i rc p; m N N N:: - - - - - - - - - - Thank you f - - - - - - - - - - or- using. Return Rece - - - - ipt-Service. 38 3H av31 ONV:G 10J 1 . -1 PS FORM ':3t311,),1eln SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. following services (for an extra fee): ~ POSTAGE • Print your name and address on the reverse of this form so that we can return th is card ❑ Addressee's Address 1 RETURN 1 SHOW TO AHO~ ADERFSS OF oEI to you. • Attach this form to the front of the mailpiece, or on the back it space does not permit . . 2. El Restricted Delivery A RECEIPT CEPHRED FEE - • The Return Receipt will show to whom the article was delivered and the date tleliveretl. CORSUIY postmaster for fee. I t` S ERVICE TOIILL PORTAGE. 3. Article Addressed to: 4a. Article Number i ` m SENT TO: "°'Npar P 963 361 377 r « vizc, ~ II t r, ,1`h te 4b. Service Type m .e -:CC , . 123251'. X CERTIFIED { M a Meat I - P. 7. Date of{Dea cry.y. SENDER: I also wish to receive the . Complete items 1 and/or 2 for additional services. following services (for an extra fee): _ _ _ _ . Print your name and address on the reverse of this form so that we can return this ca ml ❑ Addressee's Address 1 1 i POSTAGE to you. . Attach this form to the front of the mailpiece, or on the back if space does not permit. . `f, 2. 13 Restricted Delivery RETURN SHOW TO WHOM 1f . The Return Receipt will show to whom the article was delivered and the date delivered. - Consult postmaster for fee ADDRESS OF DEL RECEIPT CERTIFIED FEE - 3. Article Addressed to: I Qa. Article Number SERVICE TOTAL VOSTAGE TAGS P 963 361 378 R1 NOI SENT TO 4b. Service Type ~1a, m Linda CERTIFIED X 11771 7-1 nh M 9t$ 7. Date of Delivery f 5. Received By: (Print Name) 8. Addressee's Address D' ,(p$og (ONLY it requested and fee paid.) 6. Signatu : (Ad ress or Agent) PS FORM 3800'I PS FORM 3811, January 1996 Domestic Return Receipt POSTAGE RETURN HOA SHOW TO W ADDRESS OF DE RECEIPT Q' CERTIFIED FEE SERVICE P 963 3 61 379 r POSTAGE TOTAL ~ Es~ ~ Z•F3 M NO INSURA - SENT. TO NOT F< 110) 4b. Service Type ,Zl 2t tC t , ~;r#'ih 3 3 ..n Wbeft y CERTIFIED "Mt :e 7 gate of Deliv rry L ZOA-9 7` t 5. Received By: (Print Name). rAdiciFessee's Address SENDER: I also wish to receive the . Complete items 1 and/or 2 for additional services following services (for an extra fee) z- - - • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee's Address POSTAGE to yaD. it t ❑ Restricted Delivery 2 i RETURN SHOW TO WHOM • . Attach this form to the front of the mail piece, or on the back if space does not perm . ADDRESS OF DEL!, RECEIPT The Return Receipt will show to whom the article was delivered and the date delivered. CORSUf postmaster for fee. CERTIFIED FEE 19 SERVICE 3. Article Addressed to: 4a. Article Number y' M m TOTAL POSTAGE At fl P 9133 361 380 m NOINSURANp SENT TO: NOT FOR, S &z y ;,,yqr„1 4b. Service Type m poiChc" 'wCee1 TiJu v CERTIFIED 12280 W. So I - Meat Rid - r-,L r 7. Date of D Over e i Q ty X93-1 5. Received By: (Print Name) 8. Addresgehe'llf Address (ONLY it requested and fee paid.) `PS.FORM 3800 uI 6. Signature: (Addressee or A ent) ' PS FORM 387 6 anuar Domestic PeturR Receipt r7 M r-l -0 - PIP M z Or a ~ PM PosTAGE ER: I also w{st to recerve;the J ND RETURN SHOW TO WHOM LATE /om Items 1 and 'a' 2 for additional services SerVICBS (For an eldra Fee): Ylrl FogO RECEIPT ADDRESS OF DeuvERV,nnt an, name and ad".. on the reverse of this form so that we Gan relutn_thls card g , r - ' Add dd I- CERTIFIEDFEE TRETUOYOU. - , reggee s .1 rA SERVICE ' mro Pncrano o. n Attach this form to the front of the mallpiece or on the back 16spacedoes not permd ;2 P Regtncted Delivery; rvo msuRnrvcr~ ArtlcleVAddressed SENT TO: Nor FOSIto Hawtzan 4704 r Denver, c. x-97-1 T4 4.- Lai 5 Received By:-_(Print N ' PS FORM 3800 ,T------.--- SENDER. • Complete Items 1 and/or 2 for a POSTAGE . Rini your name and address o0 DRETURN SHOW TO WHO to you. I ADDRESS OF DE - • Attach this form to the front of the cERiwEDFEE • The Return Receipt will shaw tow ~u TOTAL POSTAGE 3. Article Addressed to: PIT SENT TO: eo lNSUnA NOT FI a Jacqueline 8xj" _13 aox 2, ow m P.O. BOX 2808 M wMwoode 00 '1 97-1 Ir 5 5. Received By. (Print Nam A PS FORM 3800 6. Signature: (Addressee or. POSTAGE X / `//l - „ RETURN SHOW TO SA GC //////VVV~~~~IIIJJJ lJ RECEIPr ADDRESS Oe;.,PS FO' 3811, Januar CERTIFIED FE' SERVICE CC) TOTAL POSTA. NO INSUne o M SENT TO;.. NOT FOR INTER NA TONAL MAIL M June Sande= 13071 W. 20 Avenue mn G01deets 30401 CL. ZOR-97-1 _ DER: --r lplete items 1 and/or 2for PS FORM 3800 US a your name and address _ POSTAGE you. dach this form to the front Ot RETURN SHOW TO wHOM DA t he Return Receipt will show ADDRESS OF DEUV= RECEIPT Addressed to:.. Article SERVICE GERTIFED FEE i RE . OTALPOSTA b u _ M M SE VLNT TO; RANC NO INSUANC NOT FOP 1,}. a#y~'.~ r-+. _73,11 y. ,ei+F.at 'Ridge ra Triad ~ s _o m 7881 W. M Meat IX r l7-l :n Er 5. Received By (Print A D ZOA-97-1 FORM 3800 6. Sign atu (Addressee' X PS FORM 38 11; Janti_.I Im~ - 0 o n o 7 a p W d f ~ m 3 3 y Ur~ 3 3 Q k ~ry; e ~ o a~~ a o l E~ 6 m d m . 3. EE g O a N N ❑ ❑ O I JJ a m M 0 0' 3 CIS m n m m wa 77aw"om as ~o ~"1 3. Q m W y m o' m m ° m m ° yo m m n LLJ Up > To 0. 03 CL a w m m ~3 m m w m Thank you for using Return, Receipt Service.- I~ 1 - j A83H HV31 CINV gHOd j I INDUSTRIAL ZONE AMENDMENTS PROPOSAL CHRONOLOGY June 1996 - Muchiando Excavating requested a building permit to construct a warehouse building/shop on property located 5054 Tabor, which is zoned Light Industrial (I). July 1996 - The building permit was issued with conditions requiring site improvements, including screening of outside storage areas. August 1990 - Residential neighbors north of the railroad tracks and Ridge Road complained of the construction and land use activity. City staff met with the complainants and informed them that the use was allowed by the I-zoning. They were not satisfied and appealed to the Board of Adjustment to overturn the Zoning Administrator's decision. November 1996 - The Board of Adjustment held a public hearing and considered all evidence presented by the City, the owner, and the complainants. Based upon that evidence, the Board upheld the Zoning Administrator's interpretation of the Zoning Ordinance that this use, on this property was a permitted use in the I-zone. December 1996 - Council members Worth and Dalbec asked Council for a consensus to begin a process that would rezone all land currently zoned I-Light Industrial, to PID-Planned Industrial Development, and to delete the I-Light Industrial District Regulations from the Zoning Ordinance. This proposal was referred to the Planning Commission for their recommendations. January 1997 - Planning Commission considered this proposal at a Study Session. After discussing the issues and implications, the Commission decided to consider alternative methods to achieving the Council's objectives, such as an amendment to the 1-district regulations. Februaryish ? - Council member Dalbec asked Council to have the City Attorney prepare an amendment to Section 26-6 of the Zoning Code to revise the process relating to Conditional Use Permits to be the same as Special Use Permits. Council agreed, the City Attorney has prepared such an amendment, and it was referred to the Planning Commission for recommendation. This is an important link to the issues being considered by the Commission since possible changes to the Industrial District Regulations may include shifting some of the more objectionable use from the Permitted category to the Conditional, and/or Special use categories. Hence, these separate issues became merged. March 6,1997 - Planning Commission began a public hearing process to consider specific amendments to the Zoning Code regarding the Industrial Zone and the Special Use. However, when the proposed changes to Conditional Uses were considered together with proposed changes in the industrial zone, and combined with the fact that no public or industrial property owners were present, the Commission continued the matter to a study session for more study, and to invite industrial property owners to have input. March 20 - The Commission met in a study session to listen to property owners, and further study the issues. They continued the public hearing to April 3rd. April 3 - The Commission further heard testimony and considered issues and alternatives, however continued the matter to May 15 for another study session. April 24 - City Council has requested a joint study session with the Commission on this matter so as to provide Planning Commission additional guidance as to what the Council would like to see. This meeting is scheduled for Thursday, April 24th at 7:00 P.M., at the Community Center located at 6363 W. 35th Ave. Notice has been sent to those who have attended previous meetings on this matter. To: City Council, Mayor, Planning Commission, City administrator, Staff From: Teri Dalbec Subject: The trucking company issue and the zoning code changes that should be addressed. The use of Semi-trucks and tractor trailers in the City of Wheat Ridge is addressed in several sections of the zoning code with some of the same language used in three zone categories. Parking of more than three (3) commercial truck-tractors and or semitrailers on any parcel or lot, where such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site. The intent of the provision is to limit those areas in which truck-tractors and/or semitrailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of truck-tractors and /or semitrailers. Parking lot design shall meet the standards for truck-tractors and semitrailers as specified in section 26-31, Off-Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening landscaping, setback of orientation. (b) When used in subsection (2) (a) above, the following words shall have the following meanings: 1. " Truck Tractor" means any motor vehicle which is generally and commonly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle. without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property over the public highways. 3. any of said vehicles shall be considered commercial when utilized with or as part of a commercial venture. (c) Any property upon which a special use is granted pursuant to subpart (E)(2) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck-tractors and /or semitrailers thereon. It shall be a violation of this Code of Laws for any commercial truck-tractor and lot semitrailer to be parked or stored upon property not so posted. Any commercial truck tractor and / or semitrailer parked in violation of the provisions hereof shall be subject to the provisions of section 13-2 of this Code of Laws. This wording for the use of Tractor-trucks and Tractor trailers in the code is repeated several times in the C-1, C-2, and I zones. It is difficult to understand what is meant by the conflicting use of the word "commercial" and the phrase " where such vehicles are not related to the transportation needs of the business conducted thereon". The city planning staff and the city attorney have explained to the council that the phrase limits the meaning of the whole section to only businesses where the trucks are not owned by the business but rather where the trucks make use of the facility temporarily, such as a truck stop. The term " commercial' is defined in the Code of Laws 26-1 Definitions Commercial " An activity which is carried out for monetary gain, or the use of real or personal property, including vehicles, in such activity. Clearly there is a conflict with the intent as stated above and the limiting phrase " not related to the transportation needs of the business conducted thereon-" The current code could be amended by the removal of that phrase and with the addition of an existing use clause to keep from creating nonconforming uses. Also the wording that this is not meant to apply to non commercial uses should be explained or deleted. This would arrive at a resolution for the problem of large trucking companies locating in Wheat Ridge. It would give the city the opportunity to address the impact of rucking on the community Trucking companies also would seem to be currently in the code under industrial as 2&24-(E) Special Uses (4) Manufacturing, processing, warehousing or a combination thereof of the following: (f) transportation equipment The planning commission and the council also may want to limit the sues of future trucking companies by the addition of parking space requirements etc., though this can be done through the special use permit process. There are at least five types of trucking companies currently operating in the city: truck stop, truck driving school, commercial trucking companies, and trucking of manufactured goods produced in Wheat Ridge and hauled to other areas. Also, the have the bringing of goods to the retail facilities and supplies to the manufacturers. 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E d f~,^"O u o. ai o.a a"i u m' on " ai U v°'yi FOng.cog~A~.W., aD?a~q aWmim cw3 m°TA O-WO°°H'oEo EGuo°Cd°ylW~mca.Wc"„Wam'o HO.v >,E A - 3d 3c~bA 4w y-'= b~a,m.°gd a~.o OW -`~mEocoowy~WW°ius°m.cd,-EC--t :o"EooW °n.~cay.d voxxY Ua'ui H-i CN dO~. C".COamF~m3 -W'O Wx OU UN °3GE W'ON-70 dw~4F Uwx WNFNd W"Emw".dUNdaaO UyGTp 3' dA~W Ow7~Cam Y~(l. c m .Y a m o oF3 a..3 a a o ai G a G.;H o -O a d3 d m ° W-F E c. P] .dm o o,:c.o .H ❑.aa a mF o- ,a W _H H F OD H _ N N N _ G ~7.' O F W E W a H g W3 ~u w -a l wy .E ..'C+inN~ W°..+P MgGu WC Um.U 6W O-G.m~-~F 0.x-3 NC W W6=..+C.u OJ ayc-o_H O~c:g ~ Q~ rc,g>,w E'°oa H(L'ro ' lL m~ a A C}-Y1F] W U w w _ - 0 7501 0 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Meat Telephone 303/ 237-6944 Ridge FAX 303/234-5924 MEMORANDUM TO: Industrial Zone Land Owners FROM: RE: Glen Gidley, Planning & Development Director W'P' Status of Proposed Amendments to the Light Industrial (I) Zoning Regulations DATE: April 16, 1997 As you have recently been informed, the City of Wheat Ridge is considering amendments to the zoning code regarding the Industrial Zoning regulations (Case ZOA-97-1), which may affect the future use of your property. The Planning Commission held a meeting April 3, 1997, at which time many of you testified. The Planning Commission has continued this matter to May 15, 1997, for further study. No decision or recommendation, other than continuance, resulted from this April 3rd meeting. City Council has scheduled a joint work session with the Planning Commission to further discuss the issues relating to this proposal. The work session will be held April 24th at 7:00 p.m., Community Center, 6363 West 35th Avenue. Although this is a public meeting, it is not a public hearing, and no final decision or formal testimony will take place. It is intended to allow a more in-depth discussion between City Council and Planning Commission regarding the Industrial areas, the Comprehensive Plan, and zoning regulations. Unless otherwise notified, the May 15th Planning Commission hearing on this matter is still scheduled. Thanks for your patience, and should you have any questions, please feel free to contact me at 235-2844. Uric Environmental Health John Mayer Tenant 12325 W. 52 Ave. STE. 201 10750 W. 47th Avenue 4980 Tabor Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Linda Dadisman 11771 W. 49 Ave. Wheat Ridge, CO Ron Delman 12000 W. 52 Avenue 80033 Wheat Ridge, CO 80033 Harmson & Sons Development c/o R. Harmon 8035 Newman St. Arvada, CO 80005 Robert Hodges 11990 W. 52 Avenue Wheat Ridge, CO 80033 Apache Steel Corp 12280 W. 50 Place Wheat Ridge, CO Thomas Byer 165 Dudley St. 80033 Lakewood, CO 80226 Hauptman Investment 4704 Harlan St. #245 Denver, CO 80212 Jacqueline Oglevie P.O. Box 280851 Lakewood, CO 80228 June Sanders. 13071 W. 20 Avenue Golden, CO 80401 Triad Real Estate 7881 W. 48th Avenue Wheat Ridge, CO 80033 Empire Investments 10830 W. 44th Avenue Wheat Ridge, CO 80033 Leaf, Inc. 500 N. Field Dr. Lake Forest, IL 60045 Alan McLean P.O. Box 208 Wheat Ridge, CO 80033 Ralph Deorio 12550 W. 44th Avenue Wheat Ridge, CO 80033 Arvex Properties P.O. Box 1234 Arvada, CO 80001 Securities Industry Software 4725 Independence St. Wheat Ridge, CO 80033 Walter Trujillo 11950 W. 52 Avenue Wheat Ridge, CO 80033 Joe DaVilla 5055 Tabor Wheat Ridge, CO 80033 Pester Colorado Corp Box 4372 Houston, TX 77210 Western States Mineral 4975 Van Gordon Wheat Ridge, CO 80033 Bill/Loretta Braning 14125 W. 48 Avenue Golden, CO 80403 Melvin Koeltzow 12385 W. 48 Avenue Wheat Ridge, CO 80033 Jay Levy 8933 E. Union Ave. #216 Englewood, CO 80111 Ready Mixed Concrete P.O. Box 2290 Denver, CO 80201 George Klunker Muchando Trucking Ken Dalmain 4901 Marshall St. 5040 Tabor 12000 W. 52 Avenue Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Sharon Peterson Lee Jordon Bill Sanders 12360 W. 49 Pl. 5000 Ward Rd. 4805 Van Gordon St. Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Patricia Grossman 11771 W. 49th Avenue Wheat Ridge, CO 80033 George Wyatt 506 High Point Dr. Golden, CO 80403 B. Lee Jordan 14470 W. 56th Place Arvada, CO 80002 John Cillessen 12300 W. 49 Pl. Wheat Ridge, CO Bob Velten 10670 Ross Street 80033 Westminster CO 80030 Mike Ursetta/Sherry Gerard 10852 W. 44th Avenue Wheat Ridge, CO 80033 Sharon L. Petersen 8192 Kline Arvada, CO 80005 John Moyer 5000 Tabor St. Wheat Ridge, CO 80033 Patricia Grossman 15040 W. 52 Avenue Golden, CO 80403 June/Bill Sanders John Carlson 2960 Braun Court 12300 W. 49th Place Golden, CO 80401 Wheat Ridge, CO 80033 - a°""'crsu • Complete items 1 and/or 2 for additional services. I also wish to receive the following services (for an extra fee): i. POSTAGE • Print your name and address on the reverse of this form so that we can return this to you. card 1. ❑ Addressee's Address I i RETURN SHOW TO ADDRESS • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery i ' RECEIPT CERTIFIED • The Return Receipt will show to whom the article was delivered said the date delivered . Consult postmaster for fee l SERVICE 3. Article Addressed to: i 4a. Article Number ' TOTAL Po: . j ' nl SENT TO: Noly P 963 361 296 f 4b. Service Type _ IT Env urie S.a3 CERTIFIED 12325 W. 1a f rn Nileat Ri s ' F-1 7. Date of Delivery Ir a; ZCLk-97-1 5. Received By: (Print Name) 8. Addressee's Address ` i (ONLY if requested and tee paid.) *PS FORM 3800 6. Signet Addressee or Agent) ) X t `I Ps FORM 3811, January t Domestic Return Receipt SENDER: I also wish to receive the { . complete Items 1 sual2 far additional sarvicas. following services (for an extra fee): . - ^ • Print your name and address on the reverse of this form so that we can return this card i 1. El Addressee's Address + j POSTAGe' to yon. Attach this form to the front of the mailpiece, or on the back if space does not permit. Z El Restricted Delivery { I TURN SHOW TO . The Return Receipt will show to whom the article was delivered and the data delivered. Consult postmaster for fee { - D Aooaess. CERRHEC Articile ssed to: 4a. Article Number I CO ! P 963 361 298 o- TOTAL PO; - n~ SENT TO: NOIn 7 4b. Service Ty pe n 3~s Tyr CC2~ at~i t?► J0133 CERTIFIED m Te ant { M 4980 TAX I 7. Date of De ver e o. 7~y , 5: Received By: (Print Name) ss :.j 8. Addressee's Addr (ONLY if requested and fee paid.I A e Signatur . ( ddressee or 6 . PS FORM 3800 S' RM 3814 a uary_- 996 P Domestic Return Receipt - SENDER: I also wish to receive the - " " ^ . complete Items 1 and/or 2 for additional services following services (for an extra fee): POSTAGE . Print your name and address on the reverse of this form so that we can return this card ❑ Addressee's Address ~ j URN IE EIPT sHO w TO Aooaess to ya,,. Attach this form [o the front of the majl cede, or on the back if space does not permit. . Z. ❑ RestriCted Delivery VICE csRrneC The Return Receipt Will show to whom the article was delivered and the data delivered Consult postmaster for fee. 0-. TOTAL Po 3. Article Addressed to: 4a. Article Number ru SENT TO; Nolr i P 963 361 299 _ Lin.. a,dl i11'71 ru. - s), <6aa 4b. Service Type - I77 11771 W , r .v M . klmt Fit Jam. CERTIFIED v 7. Date A Deliv ry ZO<' P-97-1 5. Rec Ived By. (Pri ame) Isse" (ONLY if f requested 8. Add s if l quested and fe paid. PS FORM 3800 6. Signature: ddressee or A t) { X I, ' - _ - ' PS FORM 3811; January 199 i - Domestic Return Receipt `i SENDER: I also wish to receive the " . Complete items 1 and/or 2 for additional services. following services (for an extra fee): PosTACE ' • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee's Address RETURN RECEIPT snow ro DDRESS' to you. a Attach this form to the front of the mailpiece, or on the back if space does not permit. . 2. ❑ Restricted Delivery M1 SERVICE cERTIFle[) . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. C3 ToTA~ Poc 3. Article Addressed to: - 4a_ Article Number 711 SENT T0. No IN 1~~St r colcfr ar,,f P 963 3L1 307 rq Pester 001 'rid { 4,37'A 4b. Service Type M Box 4372 >ioustiont 11% 77~ t M HoW$Ox1e T CERTIFIED X01;4 ~ a-7,.i G' 7. Date ofr eliger 00 7 ZOA:-97-1 FORM 3800 5. Received By: (Print Name) 6. Signature: (7,0/ X PS FORM 38; 1„ January 1996! _ .Domestic Return Receipt wmPle~e nemsranarorz rt~r aaombnarsarnces..-.-._-_.-..-.-.. - S-- POSTAGE • Print your name and address on the reverse of this form so that we can return this card following services (for an extra - RETURN to you. 1. ❑ Addressee's Address SHOW To waon 0 Attach this form to the front of the mailpece, or on the back if s ace does not ermit. 2. El Restricted Delivery RECEIPT ADDRESS OF OF p p SERVICE CERTIFIED FEE • The Return Receipt will show to whom the article was tlelivered antl the date tleliveretl. Consult postmaster for fee. O TOTAL POSTAGE 3. Article Addressed to 4a. Article Number E3 En SENT TO: NO INSU i P 963 361 308 ra a 41b. Service Type .0 370 7111 4004 Harlan 5 x r~IzY' ~ a ~ CERTIFIED ,d DMHer* 7. Date of Delivery i G Z;7-1 PS FORM 3800 I RETURN E IP O m SENT 5. Received By: (Print Name) 6. or 8. Addressee's Address (ONLY if requested and fee paid.) 8. Addressie'e'S Address (ONLY it requested and fee paid.) PS FORM.3L" 1, January! 1996'. ` UOIIIeStIC Return Receipt SENDER - - ~ I also wish to receive the - . Complete items 1 and/or 2 for additional services following services (for an extra fee): PosincE .Print your name and address on the reverse of this form so that we can return this card - 1 ❑ Addressee's Address ® snow ro wtlo to you. ■ . } ADDRESS of D. . Attach this farm to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery I cEFOFlED FEE . The Return Receipt will show to whom the article was deliwmd and the date delivered. Consult postmaster for fee. ToTA~ aosTACe 3. Article Addressed to: 4a. Article Number x ie 1ci i a .Leaf,, TW. 7a'.t 4'o;:a5t'.r~ M Soo N. a ZOA-97-1 S. Received By: (Print Name) PS FORM 3800 Z'I 4 . o% X .tz 6. Signature: (Addressee or Agent) - - - - - - - - PS FORM 3811, January 1996' ` 4 P 963 361 309 4b. Service Type CERTIFIED 7. 8. ACdressil Address (ONLY if requested and fee paid.) j Domestic Return Receipt E ENDER: Complete items 1 arid/or 2 for additional services. I also wish to receive the - • Print o r d dd following services (for an extra fee): r . y u name an a ress on the reverse of this form so that we can return this card POSTAGE to you. 1. El Addressee's Address RETURN SROw To wN ! Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RECEIPT ADDRESS OF • The Return Receipt will show to whom the article was delivered and the date delivered Consult postmaster for fee. SERVICE CERTIFIED FE 3. Article Addressed to 4 A ti l N C3 TOTAL POSTAI a. r c e umber No INSp Joe v313.a ' - P 9L3 361 304 m SENT TO: NO - J3055 1 4b S i T . erv ype ce D Joe DaVi3J "Aleat: a9dge, U) 31103:3 rrl 5055 T&03 CERTIFIED M Wheat & ' 7 D . ate of very [r' Y a 5. Received By: (Print Name) - - ZCA-9`; ` - 8. Addressee's Acidness - Y if requested and fee paid.) 8r 6. nature: A ressee or Agen - PS FORM 3800 - v p u7 En m a .D m n :.a rr Eli., RETURN RECEIPT SERVICE PS F01`7 11, January 1996 Domestic Return Receipt SENDER: I also wish to receive the • Complete items t and/or 2 for additional services. PosTACE'. •o your name and address on the reverse of this form so that we can return this card following services (for an extra fee): scow ro t to roa. 1. ❑ Addressee's Address ADDRESS GERT REC Attach this farm to the front at the mailpiece, or on the back if space does not permit. 2. El Restricted Delivery - • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. TOTAL PO; No IN 3. Article Addressed to 4a. Article Number P 963 361 305 Apwhe St M18© w. Wheat Fdd a^ 0. 3ttW1 ssrta, "e1aF'-.nt zic ~ Iwo 3f)')3} ° 4b. Service Type CERTIFIED 7-3 ?97`1 5. Received By: (Prln PS FORM 3800 8. Addressee's Address (ONLY ff requested and fee paid.) Xy c„ c 1^vul wa I ^VGII(/ ~ \<< I SENDER: I also wish to receive the -I • Complete item 1 and/or 2 for additional services. m I following services (for an extra fee). . y your name and address on the reverse of this form so that we can return this card • 1:1 Addressee's Address 1 PosTAC to to you. . ! sNOw • Attach this form to the front of the. mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery i DOFFS . The Return Receipt will show to whom the article was delivered and the date tleliveretl. Consult postmaster for fee. GErmRi 3. Article Addressed to: 4a. Article Number TOTAL P NO I yr~ ~t /~1 Wad X P 963 361 306 i w liter 1 ~i• 4b: Service Type I RETURN RECEIPT ~ SERVICE C3 nT SE ra -D rR M .D it 0 z3sSf36YlG-t4, co -3nx-,m ~ 165 1.., . ZOA-97-1 PS FORM 3800 7. Date of Deliver UAM-4-1 - ~ CERTIFIED 7. Date of Delyvh 2 1 1997 5. Received By: (Print Name) Aaaressees naaress (ONLY if requested and fee paid.) PS FORM 3811, darlaaK 1U Domestic Return Flecelpt SENDER: receive the "-'"'Y~ - I • Complete items iantl/or 2 for additional services. I also wish to POST • Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): RETURN mow n to you. 1. El Addressee's Address RECEIPT AODRES! . Attach this form to the front of the mailpiece, or on the back if space does not permit 2. ❑ Restricted Delivery SERVICE OERTIFIE v The Return Receipt will show to whom the article was delivered and the data delivered. Consult postmaster for fee, i rru TOTAL Pr' 3. Article Addressed to: - 4a. Article Number M SENT TO: P 963 361 322 ra ^,03529 41b. Service Type M E+.tJ. Hax UV(-ir# 00 0201 X CERTIFIED • 1t5e~-7# - 7. Date of Delivery a -97-3 i 5. Received By: (Print Name)'d 8. Addressee's Address ' (ONLY if requested and fee paid.) PS FORM 3800 6. Signa er ( ddressee o ge III` f I I PS FOR 3811; January lsss omestieRetuen Receipt - Li i ( - . Print your name and address on the reverse of this form so that we can return this card ❑ Addressee's Address 1 RETURN PosrncE SHOW Tn' to yon. . Attach this form to the front of the mailpiece, or on the back if space does not permit. . 2. ❑ Restricted Delivery RECEIPT ADDRESS in The Return Receipt will show to whom the article was tlelivered antl the tlate delivered. Consult postmaster for fee. i ru SERVICE CERTIFlEC 3. Article Addressed to: 4a. Article Number C3 TOTALPO: NO1 P 963 361 302 M SENT TO' n 3v 6%C LOUT. 5 a 1199.') . tat x'AVr*. ue;? I 4b. Service Type : I Fart x, W WUAL IUU,>e s C.' ' 3-x133 M 119917 We CERTIFIED m S~d " ieiat t1:-ti37- - 7. Date of Delivery I D t y 70 A-9 _1 ' "P- 5. Received By: (Print Name) s Address 8. Addressee (ONLY it requested and fee paid.) PS FORM 3800 6. Signature: (Addressee or Agent) X 0, 1 0 PS FORM 3811, January 1 6 Domestic Return Receipt j NDER: I also wish to receive the ~ complete Hems 1 and/or 2 for additional services' following services (for an extra fee):. I PosTACE .Print our name and address on the reverse of this form so that we can return this card El Addressee's Address 1 RETURN SHOW To wt ADDRESS oP to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit . 2. ❑ Restricted Delivery + RECEIPT cER FIEO FE . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. l fn SERVICE TOTAL POSTS 3. Article Addressed to i 4a. Article Number 0 M SENT.. TO Na° sons ,At~1~ P 9k3 3 61 303 I I a N./ L3 if. 4annttsorli , 4b. Service Type t rR C/o R He13 list .-:cwt1 Uq St'.. r i I . 30~a3y5C ~i 0111.}a a /r ~ CERTIFIED I 97 . 4J:i .Ti7HI ~ te By ,t . 7. Date of l ry~~ IM 200-97-1 5. Received By: (Print Name) y I 8. Addressee's Address - ,9 O (ONLY if requested and fee paid.) PS FORM 3800 6. Signature: (Ad r see or Agent) X I PS FO 381 ;January1496; ,W 1 Domestic Retur Receipt i I Complete items 1 and/or 2 for additional services. WEADDRESS 1 0 ENDER: I also wish to receive the Print following services (for an extra fee): Your name and address on the reerse of this form so that we can return this card tO yO0' 1. ❑ Addressee's Address Q. • Attach this form to the front of the mailpiece, or on the back it space does not permit. 2. El Restricted Delivery r9 . The Return Receipt will show to whom the article was delivered and the date delivered. - rn No IN Consult postmaster for fee. SENT TO. 3. Article Addressed to: - 4a. Article Number - _n P 963 361 319 m IC8933 E. L _o 6- Ehy1', ::il~~zxnXitS.~ t:.t k<:rlal ZOO ll:~ PS FORM 3800 Wn 5. Received By: (Print (Addressee or RETURN RECEIPT SERVICE Uomestic Return Receipt RETURN SHOW Tc to you. ~ r„~~ 1. ❑ Addressee's Address RECEIPT ADDRESS . Attach this form to the front of the Tailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery cERTFIE[ . The Return Receipt will show to whom the article was delivered antl the date deliveretl. C3 SERVICE Consult postmaster for fee. TOTAL Pe 3. Article Addressed to: 4a. Article Number m SENT TO: om P 963 361 320 -0 I+1 j k t ~ * s 4b. Service Type wim II1'i M 10830 W. 4 CERTIFIED -Z t Rir15 Er _ 7. D to of Delive O. zap-97-1 S. Received By: (Pr' Name) - 8. Add sses's Address . (ONLY if requested and fee paid.) RS FORM 3800 6 ra N M r9 m M a.a a PS FORM 3811, Jaftlary 1996 or _ PS FORM 3$11'Jaary--,1996 . i s Domestic Return Receipt POSTAGE SENDER: also WISh to receive the I snow r .Complete items 1 and/or 2 for additional services. following services (for an extra fl ADDRES: . Print your name and address on the reverse of this form so that we can return this card ❑ Addressee's Address 1 CERTwe - to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. . 2. ❑ Restricted Delivery TOTAL Pr . The Return Receipt will show to whom the article was delivered and the date delivered . Consult postmaster for fee NO t . JtN I I U: L_ 3. Article Addressed to 4a. Article Number P 963 361 321 sectwitiel $EG°=.3.t3tas Inctulistu g so'¥ ` 4b. Service Type - 4725 Taub 472 lil r nlen 'e St. %tA at t -t :C3.u ,,t 7 aao33 CERTIFIED ZOA-97a-1 Za l-97 1 7. Date of Delivery r d - 5: Received By: (Print Name) - S. Addressee's Address PS FORM 3800 (ONLY if requested and fee paid) ;i 6. Sgnature.((Ad'drrressse~eo/r~A~gent) ig PS FORM 3811, January 1996.. Domestic Return Receipt 4o. Service Type X CERTIFIED 7. Date f Deli ery I ~7 8. Address e's Address (ONLY if requested and fee paid.) strvutrs: . Complete items 1 and/or 2 for additional services' 1 also w15n to receive file - l following services (for an extra fee):` • Print your name and address on the reverse of this form so that we can return this card j 11 Addressee's Address 1 _ _ POSTAGE to We We. • Attach in. form to the front of the Tailpiece, or on the back if space does not permit. . 2. ❑ Restricted Delivery RETURN SHOW TO WHOM. • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. ADDRESS OF DEN RECEIPT 3. Article Addressed to: t 4a. Article Number 1 CERTIFIED FEET I - SERVICE TOTAL POSTAGE P. f35 i In +iA f R: ~v7 j P 963 361 31L r'1 Pill NO INSUflAN: SENT TO NOT For + . . . .l+l s - " " W 3 i A e 8 4b. Service Type I a . 4 r 8 c 3 u 5 .-4v.at R1133 ~xblvin Koelt1 CERTIFIED R1 J - 12385 W. 48 7. Date of elivery 5. Received By: (Print Name) 8. Addre see's Address f O. g)JLY it requested and fee paid.) i 7-1 6. Signature: ( esse gen - PS FORM 3800 X PS FORM 3811, J nuary 1996 Domestic Return Receipt i SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. following services (for an extra fee).( • Print your name and address on the reverse of this form so that we can return this card 1. ❑ Addressee's Address 1 --r ^-`-,--`l- to You. or on the back if space does not permit. rm to the front of the Tailpiece h thi f 2. ❑ Restricted Delivery P.ETAGE , s o • Attac 1 RETURN SHOW TO WHO% • The Return Receipt will show to whom the article was tlelivered and as dare ueuvamo. "I Iaun N~au uamo: ADDRESS OF Dc RECEIPT 3. Article Addressed to: 4a. Article Number - SERVICE CERTIFIED FEE _ P 963 361 31? TOTAL POSTAGE ,~~iµ P^!3Y.0-~~ 1• M I rn m - NO 1NOT m SENT TO: N y ra'~r~a'klif~ 4b. Service Type ~ S at t:t sAicjei W ,',)033 CERTIFIED j o S7iad rn 7881 W. 3 7. Date of Deliver u" - 5. Received By: (Print Name) 8. Addressee's Address (ONLY if requested and fee paid.) a ' (,t 6. Signal M: (Addresse or A eni PS FORM 3800 X PS FORM 3811, January 1996 Domestic Return Receipt SENDER: I also wish to receive the _ • complete items 1 and/or 2 for additional services. following services (for an extra fee): POSTAGE • Print your name and address on the reverse of this form so that we can return this card 1. El Addressee's Address RETURN SHOW TOM to You. ADDRESS OF • Attach this form to the front of the maracas, or on the back if Space does not permit. 2. ❑ Restricted Delivery RECEIPT CERTIFIED EE • The Return Receipt will show to whom the amid, was delivered and the date delivered. Consult postmaster for Fee. I SERVICE TOTAL POSTC 3. Article Addressed to: 4a. Article Number rmq m SENT. TO: N01 0 ~vriE P 963 361 318 rq ArYM I9YY? 1 ' baf 4b. Service Type rn P.O. Box U Zva-dap ~ t30(;i 1, CERTIFIED n Amad.3v C ❑7 7. Date of D ivery i. 1 5. Received By: (Print Name) S. Addre ee's Address (ONLY if requested and fee paid.) ''PS FORM 3800 6. Signature: (Ad ssee or Agent) i I X - - - - - PS FORM 3811,-January Domestic Return Receipt V POSTAGE SENDER: i I also wish to receive the RETURN SHOW TO • Complete items 1 antl/or 2 for additional services. following services (for an extra fee): ECEIPT ADRESS • Print your name and address on the reverse of this farm so that we can return this card ❑ Addressee's Address 1 ITT") SERVICE GERNFlED F TOTAL POSTt to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. . 2. ❑ Restricted Delivery tT) SENT TO: NOINst NO . The Return Receipt will show to whom the an cle was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: - 4a. Article Number j r-q ° 8311/Lo~.: v - z z l al:r=~Ct uzssa,:! P 9133 361 313 ~ 14329 W. 4 a a 1t=t ; IN. 43 ;Wenu~ 4b. Service Type 4b. Service Type I M Golden, .+L~1;.,tt?iita 00 -::30403 CERTIFIED m ZM-97- I. :sC3, 07-1 ~ 7. Date of ivery le 2 V ~Z / A , Add ' Add 5 Received By: (Print Name) ress ressee s 8. PS FORM 3800 X - (ONLY if requested and fee paid.) 6. Signature: (Addressee or Agent) i FORM 3811; Uanuaryi inns + Domestic Rieturn, Receipt > . Print your name and address on the reverse of this form so that we can return this .-1,n EjWmi, cc, vu,C, FOOT. -f card Add ❑ d ' POSTAGE to you. ress 1. Ad ressee s RETURN SHOW TO WHO, ADDRESS OF Or . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RECEIPT _ CERTIFIED FEE i . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. SERVICE ' 3. Article Addressed t0: 4a. Article Number ~ TOTAL POSTAGE m SENT To: NO INSURP NOT d Jwio Saacbris P 963 361 314 33971 ¢^1. 20 -WenffA4 - a .n June S&Ideri - C;01( an* C3,.f u0401 4b. Service Type : . m 13073 W. 20 CERTIFIED M Go3detsr 00 Lvz"r-9°a-1 -n Zi1Tir97'- 7. Dat o P liv yy~7 5. Received By (Print Name ( s 8. Addressee's Address `./-1 i (ONLY if requested and fee paid.) P$ FORM 3800 6. Signal e or nt p~ S PS FORM 3811, January 1996 Domestic Return Receipt I I SENDER: I also wish to receive the RETURN . Complete items 1 and/or 2 for additional services. following services (for an extra fee)is &AHDRESS RECEIPT . Print year name and address on the reverse of this form so that we can return this card f ❑ Addressee's Address 1 ul SERVICE to you. . Aach this form to the front of the mailpiece, or on the back if space does not permit. . 2. ❑ R2Strleted Delivery r • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. i m NO INSI SENT., TO: NO 3. Article Addressed to - 4a. Article Number f P 963 361 315 m Door r~0 i e T e b S - m 12550 W 4• r 12550 W. 114tb m cue erv c yp 4 , , ifte3t RLdg+ >)rrheat '"Tdf-ige, CO '30!#33 CERTIFIED j r I Id 7. Date of Deliver 1( -97-1 'a-97-3 S - 5. Received By: (Print Name) 8. Addressee's Address PS FORM 3800 (ONLY if requested and fee paid.). i I 6. Signat e: (Addr ssee or Agent x PS FORM 3811, January tees i Domestic Return Receipt..:. I - SENDER: I also wish to receive the !AA7DDRESS AGE I • Complete items 1 and/or 2 for additional services. following services (for an extra fee): RETURN W TO vmoN Print your name and address on the reverse of this form so that we can return this card OFDE to you. 1. ❑ Addressee's Address l RECEIPT D FEE In Attach this form to the front of the mailPlets, or on the back if space does not permit. 2. 11 Restricted ROFIEDelivery SERVICE The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 'i ~n TAL POSTAGE ( - ru NO IN so AA 3,,Af*Ie'A'ddressed to: - E - SENT TO: NoTF 4a. Article Number P 963 361 325, ..n Ken DaIML T w ,X00 W. 52 RiV£:i 41b. Service Type RE1 12000 W. i 7 t eIN C"' 3.1133 la1eat Rte CERTIFIED Y' f { i -97-a1 f 7_ Date of Delivery r 6:Received By: (Print Name) - 8. Addressee's Address ) (ONLY if requested and fee paid.) t PS FORM 3800 - ' 6. Signature: (Addresse gent) X PS FORM 38 January 1996 Domestic Return Receipt ; Yu y$y POSTAGE tJ` •r~..--..".... RETURN SNOW TO MOM, DATE AND/ RECEIPT ADDRESS FE DELIVER E I RETURN SERVICE CERTIFIED TOTAL POSTAGE AND FEES Q lYl• ' N a NO INSURANCE COVERAG, E SENT TO NOT FOR INTERNATIO~ EF Riflb Fin .w ShaL0Y3 Petersr E 12360 W. 49 PL:..:.s o o M Wheat Ridges C` m ~ U) r- O 97-3. L1 gq PS. FORM 3800 US Post 4y SENDER: l.also wish to receive the • Complete Items i and/or 2 for additional services. - 'I I following services (for an extra fee): POSraGE a Print your name and address on the reverse Of this form so that we can return this cab ) RETURN TO WHO to ycu. 1. ❑ Addressee's Address SNOW RECEIPT ADDRESS OF O. 0 Attach this form to the front of the rh ilpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery i CERTIFIED FEE. . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. ru SERVICE TOTAL Pos'rACa 3: Article Addressed to: 4a. Article Number NO INSUR 1 p 963 3 61 312 M SENT TO _ NOT S F Alm ,.u,t azi a P'.O. BOX 208) 41b. Service Type M P.O. BOX 20 E _ mle3t age CERTIFIED 7. Date of Delivery a Z. Received By: (Print Name) 8. Address e's dress - 9 - (ONLY it requested and fee paid.) PS FORM 3800 I 6. Siiggna ure: (Addressee or Agent) Ps oRnn8811, Januaryl9s_ t llomestlcReturn Receipt F 3 } --n. SCemplete items 1 and/or 2 for additional services. I also wish to receive the ` l - • Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): . to you. 1. ❑ Addressee's Address RETURN SHOW • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RECEIPT ff . me Return Receipt will show to whom the adicle was tleliveretl and the date tleliveretl. Consult postmaster for fee. ra SERVICE 4a. Article Number / nl No INSURAF P 963 361 331 r*1 SENT TO NOT Fit ~9ate~E a ~ Street 1ti 7~ s~ ss 4b. Service Type - m Bob VelteA &,St-dnSti=FYr ay-) f,003'1 I X CERTIFIED 10670 Ross a . M FaStmi1'tS6teYy t ;rte c-=37- 7. Date of P Ijyery - 0 ~ r1~U~ p, 297-'. 5. Received By: (Print Name) - 8. Addressee's Address T- 1, ` (ONLY if requested and fee paid.) I PS FORM 3800 6. ur : A res as r A n ) - R 1 , JanUs 19ss w Domestic Return Receipt .Complete l: l • Complete items tantl/or 2 for adtliuonal services following services (for an eX-tra'tee7:".4 _ • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee S Address I RETURN P0.5TAAE S fO YOU, • Attach this form to the front of the mailpiece, or n the back if space tloes not permit. gg 2. ❑ RBStrlCted DeIlVery RECEIPT A R The ReNrn Receipt will show to whom the article was delivered and the date tleliveretl. CORSUt postmaster for Fee. ru SERVE C ab 3Article Addrssed to 4a. Article Number r u T P 9 6 3 3 61 3 2 3 ITT SENT. TO: No iNSUI ....,NOT ..itteori? 4.~:1tola x a 901 a 'tS21u3.1t• 4b. Service Type . m George Klt~a~ r' lent 'r-49 1ejav a) :3'3()33 I CERTIFIED 4901 7 M 's" t Midget 01~"x37.1 Date of DeLv 7 - . 1 p, =%-97- . - 5. Received By: (Print Name) 8. A ssee s A Peas I (ONLY if requ sted and tee paid) PS FORM 3800 6. Signature: ( ressee Or X 1 nary lass Ps ;Domestic Return Receipt r - - SENDER: I also wish to receive the I - • Complete items 1 and/or 2 for additional services, following services (for an extra fee): i' RETURN • Print your name and address on the reverse of this form so that we can return this caN 1. ❑ Addressee's Address l - RECEIPT EADDRESS to you. • Attach this form to the front of the mailpiece, or on the back if space tloes not permit. 2. ❑ Restricted DeIlVery SERVICE The Retum Receipt will show to whom the article wa tleliered antl the date tleliveretl. CORSUt postmaster for fee. n.l 3 Article Addressed to: 4a. Article Number m SENT TO: N' P 963 161 3 2 4 I >n«~racso ~ - p Mdhando ITT 50;aei °i',aWr - 4b. Service Type n M 5040 'TabRidg~ or t & Mt ddci-as 00 603:733 ~ CERTIFIED a Z 97.1 Ir ZtA1~97-1 7. Date of De' er 5. e ed By: (Print Name) 8. Addressee's Address f v 3. , (Of9ryt requested and fee paid.) 1 ' PS FORM 380 0 j . Snature: (Addy see or Agent) - X 1. PS FORM 3811, January 1996 Domestic Return Receipt 1 cc ru m Ia m M .A 0" a FRTURN PT CE 6. Signature: a Er nl m a -0 m m ~Elo Er POSTAGE sHO,m ro WHO SENDER: O I also wish to receive the n . Complete items 1 and/or z for additional services.. - ADORES- OF following services (for an extra fee): CEmIFIED FEE+i • Print your name and address on the reverse of this form so that we can return this card El Addressee's Address 1 to you. . TOTAL POSTAGE A Attach this form to the fron1t of the mailptece, or on [hey back if space does not permit. 2. El Restricted Delivery NO INSURArv NOT For • The Return Receipt will all to whom the article was delivered and the•date delivered. Consult postmaster for fee. 3. Article Addressed t¢ - 4a. Article Number Bill sarldilra P 963 361 328 41:305 'van, Coxdd All ~s ~~s Meat Ridge* 1 05 Vael 0orcir. St;. ~Y 2fl1 97-1 ZOO. '97-1 PS FORM 3800 l 5. Received By: (Print Name) RETURN RECEIPT SERVICE 8. Addressee's Addr€ss (ONLY if requested and fee paid.) PS FORM 3811, January 19913 Domestic Return Receipt ' SENDER: ^ _ - - - - f also wfsn Tti7eceivezne ~J POSTAGE i . complete items 1 and/or z for addaional services. following services (for an extra fee):: SHOW To WHOM, DA . Print your name and address on the reverse of this form so that we can return this carol ADDRESS OF DEUVE royce - 1. ❑ Addressee's Address CERTIFIED FEE +RE'' . Attach this form to the front of the mailptece, or on the back if space does not permit. 2. ❑ Restricted Delivery TOTAL POSTAGE AND s The Return Receipt Will show to whom the article was delivered and the date delivered. Consult postmaster for fee. NO INSURANCE' 3. Article Addressed to: `Q 4a. Article Number FOR NOT AN IN Itrr P 963 361 337 Patricia GII 4b. Service Type-- 11771 W. 49th 15040 spa. 52 Awr aleat Ridf ea a 001::leng 00 80403 A ~ CERTIFIED 4b. Service Type CERTIFIED ZC3x.-~?9-1 f 1, i5.~eeeia By: (Print Name b. I PS FORM 3800 US t ^ t 2Q3-97-1 C3 m ITT ra m m Er d O ee or A X PS FORM 3811, January 1996 D( SENDER: • Complete items 1 and/or 2 for additional services. POSTAGE . Print your name and address on the reverse of this form so'lfvaf w/eCCaTn~eturn is card RETURN SHOW To WHOM [ to you. f t fee paid.) I I I RECEIPT ~ ADDRESS OF DELn . Attach this form to the front of the mailptece, or on the back if space does not permit. CERTFIEO FEE+ R . The Return Receipt will show to when the article was deliverad and the data dali,46,1. Consult postmaster for fee. TOTAL POSTAGE An 3. Article Addressed t¢ 4a. Article Number $ ""sDR""° NOT FOR,, ' P 9L3 361 330 SENT TO w 8 :7'gs17Ya la.~.l"•Jct9 John Cillessm 1 300 W. 49 P1. 4b. Service Type 12300 W. 49 P: seat £2idge, Wv 30033 CERTIFIED L 9beat Ridge* ( fY )7°1 7. Date of gelivery j 8 9 ZOA-97-1 51 Received By: (Print Name) 88.. PS FORM 3800 B. a r (Ae r ) t^-r l r r 1 see's Addres~ if requested and fee paid. f t Return Receipt I - - PS F9RM 381(T'-January : 1996 11 1l I6J C. POSTAGE i SENDER: I also wish to receive the RETURN SHOW TO VS • Complete items 1 and/or 2 for additional servlc,s. following services (for an extra fee):. ' RECEIPT ADDRESS OFI • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee's Address SERVICE CERTIFIED FE . to you. • Attach this form to the front of the mailpiece; or on the back if space does not permit. 2. ❑ Restricted Delivery T1l TOTAL POSTA a The Return Receipt will show to whom the article was delivered and the date deliveretl. Consult postmaster for fee. rn SENT TO: NDINSU So 3. Article Addressed to: 4a. Article Number _n June/Bill a P 963 361 338 rpI 2960 BWat Y! j 2960 fa>~"°c.Lid'~ (o`.3Yt 4b. Service Type b1der X CERTIFIED 97-1 L, 7. Date of Deli 5. R ceived By (Print Name) - 8. Addressee's Address FS FORM 3800 ; a~ (ONLY if requested and fee paid.) 6. Signature: (A r see or A ent) ~O PS FO 3811, January 1996 Domestic Return Receipt " POSTAGE SENDER: • Complete items 1 and/or 2 for additional services. 1 also wish to receive the following services (for an extra fee): RETURN SNOW TO W ADDRESS 0, • Print your name and address on the reverse of this form so that we can return this card 1 ❑ Addressee s Address RECEIPT to you. . SERVICE CERTIFIED Fr . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery IT nl TOTAL POSTE .The Return Receipt will show to whom the article was delivered and the date delivered. COOSUt postmaster for fee. ITT $ENT.TO No ND INSL 3. Article Addressed to: 4a. Article Number - a L{i3da Cpl a P 9133 361 339 - m John Carlgcr 12,300 V. rs;''+.l Place 4b. Service Type 12300 12300 ~r 49 ate 3+1.Cit)e'~ ia.3 ~;;°St)~ °ya .D . CERTIFIED 7-1 7. Date of Delivery Z f 5. cte' ad By: (Print Name) 8. Addressee's Address " -,PS FORM 3800 (ONLY if requested and fee paid.) or ent) 6. Siignatu (A re a, . / PS F !AM 38 ;January 1996. i , Domestic Return Peceipt ii POSTAGE SENDER: I also wish to receive the RETURN • Complete items i and/or 2 for additional services. following services (for an extra fee): ADDRE53< • Print your name and address on the reverse of this form so that we can return this card ❑ Addressee's Address 1 RECEIPT SERVICE CEWIFIED f to yon. • Attach this form to the front of the mailpiece, or on the back if space does not permit. . 2. El Restricted Delivery r rLl TOTAL P051 In The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. m - SENT ..TO N INS l: N Article Addressed to: " 4a. Article Number a ~ Lee Lee JoTtdaz- a-t . P 963 361 327 - M 5000 1 1r.; r~ .500 i .ard av j• 4b. Service Type - nR1CRL 30033 ..o -0 X CERTIFIED o ZU"-9 7-I , - A _ 7. Date of Deliver 5 Received By: (Print am) _ 8. Addressee's Address - PS FORM 3800 (ONLY if requested and fee paid.) 6. Signs fie:( essee or ent) PS FOR 381,1, January 1996 ! Domestic Return, Receipt , SENDER: I also wish to receive the . Complete items 1 and/or 2 for additional services. following services (for an extra fee): -t. - - • Print your name and address on the reverse of this form so that we can return thi s card El Addressee's Address to Ycu. POSTAGE . Attach this form to the front of the mailpiece; or on the back if space does not permit . 2. ❑ Restricted Delivery TUN SHOW TO WHOM, [ ADDRESS OF DEU . The Return Receipt will show to whom the article was delivered a d. Consult postmaster for fee. CEIT !SERVICE CERTFI EO FEE+R 3. Article Addressed to: - 4a. Article Number ~ PIT TOTAL POSTAGE Al, P 963 361 335 PIP SENT TO NO INSUWINC Z~. bale-- ys'("Jl"'1¢C4yi"Z NoT FOR ~ ~ 14470 td. 56Ui Plate t C OR . Service Type n ao, 811 112 B. Ike Jord81s LVut 3, CERTIFIED 19970 w, 56th ut 1 x 7-1 M Anli 7. Date of elivery -0 s ° - - ~ d ZOA-97 1 5. Received By: (Print Name) 8. Addressee's Address (ONLY if requested and fee paid.) 6. Sign (Addressee or A eM) Signal PS FORM 3800 X PS FORM 3811 January i ss Domestic Return Receipt SENDER: I also wish to receive the i . Complete items 1 and/or 2 for additional services. . following services (for an extra fee): . Print you, name and address on the reverse of this form so that we can return this card 01 Addressees Address to you.. POSTAGE in Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. D Restricted Delivery RETORN SHOW TO WHOi . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. D ADDRESS OFDI CERTIFIED FEE l; 3. Article Addressed to: 4a. Article Number I` TOTAL POSTAGE I P 963 361 329 1 M 5+, NO INSURO Y"'..~~..~"SLr ,.lr{.1u~'S4:TC In SENT TO Nore - 11771 bv. 4EXh )Wenuo 4b. Service Type £da e f CIJ 3f) 33 CERTIFIED Patricia Gras m 1J8•2 Date of Deliver 7 Cvlden, M Uc 'Y 7-1 / . Ir I1 y ; : 5. ce~✓✓e By: (Print 4 el - - - / 8 Add'ressee' Address I Ff}yLY if requested and fee paid.) ~ r f 6. Signal re: A res ee or e I, PS FORM 3800 X I I PS FORM 3811, January 1996 Domestic Return Receipt SENDER: i I also wish to receive the , in complete items 1 and/or 2 for additional services. following services (for an extra fee):, • Print your name and address on the reverse of this form so that we can return this card 1 D Addressee's Address to You in Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RETURN WHOM,'.. . The Return Receipt will show to whom the article was delivered and the data delivered. Consult postmaster for fee. RECEIPT OF Di EADDRESS FEE+F 4a. Article Number SERVICE P 9 6 3 3 61 3 3 6 STAGE AO r. t r L s ' ITT . e :e sen NOINSUflANC - K g TO . SENT TO: NOT FOR 311,12 „lusa ,d 4b. Service Type ral pxvm , co sorv)s CERTIFIED _o SharM Lo Pete ITT 0192 Kline rMA-97-1 C q ArMft 7. Date of Delivery M a 4 7 1-`e , , E"' - ivedBy: Print Name) Rece ZQArS7~-1 8. Addr essee's Address (ONLY if requested and fee paid) 7 ; e of r A I? t) PS FORM 3800 (VL~_~,~\ PS FORM 3811 1 nuary 1996 - Domestic Return Receipt - I " - - - - PosTAGE 3tlvuhH: • Complete items 1 and/or 2 for additional services. I also wish to receive the following services (for an extra fee): RETURN SHOW TO wnOa. DATE OF E E ' ..Print your name and atltlmss on the reverse of this form so that we can return this to Wo card El Addressee s Address 1 RECEIPT ADDRESS U P . UV CERTIFIED FEE + FETL . s Attach this form to the front of the mailplace, or on the back if space does not permit. . - 2. ❑ Restricted Delivery f1J SERVICE TOTAL POSTAGE AND F . The Return Receipt will show to whom the article was del voted and the date delivered. Consult postmaster for fee. M - m . SENT TO: No INSURANCE C NOT FOR INT 3. Article Addressed to: 4a. Article Number a MEE rryy t+tt P 963 361 132 m George W2att 59Z ,d" I. Point iz. 4b. Service Type m 506 High Point . I Cl t. W 91 M Gilded, OD 80, CERTIFIED K -D '.L? -97-1 ZOA-97-1 - 7. Date of D e C\ 1 R 5. Received By: (Print Name)e 8. Addre Addr PS FORM 3800 UQ n p (ONLY an f id.) 6. Si gnature: (A dressee or ent) ..O`~ ig X PS FOR 3 11;; ary 1996 Domestic Return Receipt PosTAGE SENCER: III Complete items f and/or 2 for additional Services. -1'aTSO wlsn to Tecerve mr-^- an extra fee): following services (for RETURN SNOW TO MOM, ~ . Print your name and address on the reverse of this farm so that v2 can return this card , ❑ Addressee's Address _ 1 RECEIPT ADDRESS OF DELn CERTIFIED FEE +R to you . Attach this form to the front of the mailpiece, or on the back if space does. not permit. . 2. ❑ Restricted Delivery m SERVICE TOTAL POSTAGE An . The Return Receipt will show to wham the aricle was delivered and the date delivered. Consult postmaster for fee. M M SENT TO: NO INSURANC as FOR - 3. Article Addressed to: 4a. Article Number P 963 361 333 r-El >y1 ' ()xStetta/Sh44arry {>erard - o i6 UK t$e3 , 18352 W. =~r#tb t>VE:Yi 44 4b. Service Type m 10852 W. 44C Wheat ;r ace r a) r333 Ent %beat Ridge , ~ CERTIFIED , z'f..~..'1-137-1 7. D I Delivery a ZOA-97 I 5. Received By (Print Name) 8. Addressee's Address (ONLY if requested and fee paid.) PS FORM 3800 UE C:-nn4~ /ArliJ~ccco<, QllPrlfl CORM 3811, J ary,1998 ° i { V _ ,cn»uGau~ ncrui J SENDER: 4_I I also wish to receive the - . complete items t and/or 2 for additional services. following services (for an extra fee). i POSTAGE . Print your name and address on the reverse of this form so that we can return this card 1. ❑ Addressee's Address RETURN BROW To WHOM, [ RECEIPT ADDRESS OF DEL V to you. . Attach this form to the front of the mailpiece, or on the back N space does not permit. 2. ❑ Restricted Delivery i SERVICE OER➢FlED FEE a m . The Return Receipt will show to whom the article was delivered and the data delivered. ' Consult postmaster for fee. i m m TOTAL POSTAGE AN 3. Article Addressed to: 4a. Article Number m NDINSaRANq : No RANK SENT TO s P 963 361 334 ~ John - P ye John Moyer g anL 5000 J.tiz:.°.to. r SC. 41S. Service Type M 5000 Tabor St m'd~2it d31 r LX? 80033 ~ CERTIFIED ~ m Wheft Ridger -0 p- :i, 7. Date of Deliv y ZC87-1 5. Rece" ed By: (Print Name) 8. Addressee's Address uested and fee paid ) ((Y\& if re K . q PS FORM 3800 Ul 6. ign ure: (Addressee or Agent) I X PS FORM 3811, January 1996 - - Domestic Return Receipt _ j SENDER: ' i also wish to receive the POSTAL • Complete hems 1 and/or 2 for additional services ` Edatedplwd. RETURN SHOW'i pant Your na me and midness on the mwv a of this form that s cartl fo➢Owing services (for an extra fee): RECEIPT DDRE: to vo°' 1. ❑ Addressee's Address sERmce cERiw • Attach this fotm to the fmm'Of the malplece; or on the back ifsv : 2. ❑ .Restricted Delivery.: ac. TOTAL r • The Return Rep ert will show to whom the article was dill anCOnsult postmaster for fee. SENT TO NO 3 Article Addressed to 4a. Article Number P 963 361 300 RX11 Dish ENDER: Rof ; . RETURN ~ complete Items 1 and/or 2 far additional services ' t a)SO wish to receive the RECEIPT S"• • Pnnt ADC Your name and address. on the reverse of o You this form so that we can return this card (0 uting`services (for an extra fee): I. ❑ Addressee's Address SERVICE • Attach this form to the front of the malipece, or o ' n the back if space does not permit. 2 Restricted Deli t7 To • The Return Receipt will show to whom the article was deliv d h d . very . ere an t e date deliveretl Consult postmaster for fee 'm SENT TO: 3 Article.Adpressed to., . 4a. Article Number - M Ydaltr „ P' 963 361 301 11950 j W-50, ¢f•' 5 IX . 4b Service Type M Meat j . /a CERTIFIED 0. ZO-974 7. Date of Delivery 1 5. Received By: (Print Name) ' I 8. Addressee s Address PS FORM 380C. (OMY'>if requested: and fee paid.) 6 SIYFIn Lure: (Addressee o Agent) Ps Fo M 3811, January sus Domestic Return Receipt ) Sec. 26.22. Commercial-One District (C-1). (A) Intent and Purpose. This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, and retail sales and service estab- lishments. This district is supported by the com- munity and/or entire region. (B) Permitted Principal Uses. No building or land shall be used and no building shall be here- after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) All uses permitted in the Restricted Com- mercial District as "permitted principal uses." 1726 ZONING AND DEVELOPMENT § 26.22 (2) Adult entertainment establishments when tune-up shops, engine repair, transmission in accordance with Wheat Ridge Code of repair, alignment services, car washes, up- Laws, Chapter 3. holstery shops, radiator repair shops, lubri- (3) Assembly halls and convention facilities cation services and sound system shops. It . is the intent to exclude body work or (4) Automobile and light-duty truck sales and painting, and to exclude any such use pri. rental, subject to the following require- marily for service, repair or maintenance ments: to truck-tractors or semitrailers. Body re- (a) Sales rental and service of a truck- pair and painting may be allowed as a con. , ditional use. tractor or semitrailer is prohibited. (b) All parking and vehicle display areas (6) Banks, loan and finance offices. shall be paved. (7) Child care centers. (c) There shall be a minimum of one thou- sand five hundred (1,500) feet of sepa- (8) Clinics for psychological, social or marital ration between sales lots. counseling and treatment, including coun. (d) There shall be a minimum ten-foot seling and treatment for substance abuse landscape buffer adjacent to any public and alcoholism, and including residential street, with such buffer to be completely treatment facilities. within the property boundaries, al- (g) Commercial machine shops. though the owner may additionally landscape that area between the front (10) Community buildings, Y.M.C.A's, Y.- property line and the street improve- W.C.A's, churches, libraries, parks, mu. ments if approved by the public works seums, aquariums and art galleries. director. There shall be no waivers of this landscape buffer requirement. (11) Golf courses, including private clubs, res- (e) Whenever a parking lot or display lot taurants and lounges, miniature golf or adjoins property zoned for residential driving ranges, and those uses commonly use, a landscape buffer of twelve (12) accepted as accessory thereto when located feet from said lot boundary shall be re- on the same premises, quired. Within the twelve-foot land- (12) Government or quasi-governmental build- scape buffer, a six-foot view-obscuring ings and offices or public utility buildings, fence or decorative wall shall be con- where `outside storage, operations or repair strutted. There shall be no waivers of facilities are not planned. this landscape and fence buffer require ment. (13) Greenhouses and landscape nurseries, in- There shall be at least one (1) interior cluding both wholesale and retail sales of landscaped island for each thirty (30) related products; provided, however, that parking and/or vehicle display spaces. bulk storage or piles of materials, such as Each such landscape island shall oc- manure, peat, top soil, rock, sand, firewood cupy the equivalent of one (1) parking or similar materials, are screened from view space, and each such required island from adjacent properties by a view- shall be landscaped with a minimum obscuring fence six (6) feet in height. Bulk of one (1), two-inch caliper tree or storage or piles of such materials shall not larger, and four (4) shrubs or accept- be permitted within a front yard setback able living ground cover. and shall be no closer than twenty-five (25) feet to a side or rear lot line which abuts (5) Auto service and repair and maintenance residentially zoned property or where zoned shops, including tire sales (but excluding Agricultural and there is a residentialstruc- recapping), muffler shops, auto and light- ture within fifteen (15) feet of the common duty truck fueling stations, detail shops, property line. Supp. No. 5 1727 § 2622 WHRAT RIDGE CITY CODE (14) Homes for the aged, nursing homes and con- gregate care homes. (15) Hotels, motels or bed and breakfast homes for transient occupancy. There shall be one thousand (1,000) square feet of gross lot area for each unit. (16) Indoor amusement and recreational enter- prises, such as roller rinks, bowling alleys, arcades and similar uses. (17) Indoor flea markets; however, outdoor flea markets are prohibited. (18) Liquor stores. (19) Medical and dental offices, clinics or labo- ratories. (20) Mortuaries and crematories. (21) Motor fueling stations. (22) Offices; general business and professional offices. (23) Parking of automobiles of clients, patients and patrons of occupants of adjacent com- mercial districts. (24) Private clubs, social clubs, bingo parlors and similar uses. (25) Restaurants, drive-in restaurants, ice cream sales and similar related uses. rent shall be within areas screened from view from all streets and adjacent properties. (d) Exterminators. (e) Hair, nail and cosmetic services. (f) Interior decorating shops. (g) Laundries and dry cleaning (shops]. (h) Locksmith shops. (i) Shoe repair [shops]. 0) Studio for professional work or teaching of fine arts, photography, music, drama or dance. (k) Tailoring, dressmaking or clothing al- teration shops. (1) Upholstery shops. (m) Watch and jewelry repair [shops]. (29) Small animal veterinary hospitals or clinics where there are no outside pens or runs for dogs. (30) Stores for retail trade as listed below: (a) Antique stores. (b) Apparel and accessory stores. (c) Appliance stores and incidental ser- vice and repair. (d) Art galleries or studios. (e) Automotive parts and supplies sales. (f) Bakeries, retail. (g) Bicycle stores.. (h) Boat, camper, and travel trailer sales (26) Rooming and boardinghouses. and services. (27) Schools, public parochial and private (in- (i) (j) Book stores and newsstands. Butcher shops and food lockers but not eluding private, vocational trade or profes. , including food processing. sional schools), colleges, universities, pre- schools and day nurseries (including those (k) 1 Business machine or computer stores. ) ( Camera and photographic service and uses commonly accepted as necessary supply stores. thereto when located on the same premises). (m) Candy, nut and confectionery stores. (28) Service establishments as listed below: (n) Caterers. (a) Ambulance services. (o) (p) Dairy products stores. Delicatessens. (b) Blueprinting, photostatic copying, and (q) Department or variety stores. other similar reproduction services; (r) Drug stores. however, not including large printing, (s) Dry goods stores. publishing and/or book binding estab- (t) Electrical and supplies and service, but lishments. not including contractors storage yards. (c) Equipment rental agencies; provided, (u) Floral shops. however, that the outside storage of (v) Furniture stores. trucks, trailers or other equipment for (w) Garden supplies stores. Supp. No. 5 1728 ZONING AND DEVELOPMENT (x) Gift, novelty or souvenir stores. (y) Grocery stores. (z) Hardware stores. (aa) Hobby and craft stores. (bb) Home furnishing stores. (cc) Home improvements supply stores. (dd) Jewelry stores. (ee) Leathergoods and luggage stores. (fp Liquor stores (sale by package). (gg) Linen supply. (hh) Lumber yards and building supply stores; provided, that unenclosed storage of any materials shall be screened from view from adjacent prop- erties and streets. (ii) Locksmith shops. (ij) Meat, poultry or seafood stores. (kk) Motorcycle sales and service. (11) Music stores. (mm) Newsstands (for the sale of newspa- pers, magazines, etc.). (nn) Notions stores. (oo) Office supply [stores]. (pp) Optical stores. (qq) Paint and wallpaper stores. (rr) Pet stores. (ss) Picture framing [shops]. (tt) Plumbing and heating supply stores and shops, but not including contrac- tors' storage yards. (uu) Shoe stores. (vv) Sporting goods stores. (ww) Stationery stores. (xx) Television, radio, small appliance re- pair and service [shops]. (yy) Tobacco stores. (zz)- Toy stores. (aaa) Video rentals. (31) Tav erns, night clubs, lounges, private clubs and bars. (32) The atres (excluding drive-ins). (33) Any similar use which, in the opinion of the zoning administrator, or upon appeal of his decision, of the board of adjustment, wou ld be compatible in character and im- pact with other uses in the district, would be consistent with the intent of this dis- trict, and which would not be objectionable § 26-22 to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vi- bration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) Residential uses in commercial zones shall be allowed under the following conditions: (a) Residential use shall be allowed only on a floor other than the ground floor, or if allowed on the ground floor, re- stricted to the rear half of the building. (b) Residential dwelling density shall not exceed one (1) dwelling unit for each five thousand (5,000) square feet of lot area. (c) Residential dwelling units shall be no less than five hundred (500) square feet each. (d) Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. (e) Where it is intended to convert an ex- isting residential structure either par- tially or wholly to a commercial use, then commercial development stan- dards shall be applied for parking, land- scaping and residential buffering. Any changes to building floor area shall fully comply with all commercial de- velopment standards. (q No new residences as a primary or prin- cipal use shall be allowed. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. Supp. No. 15 1729 0 - M Vv.. 5 26-22 WHEAT RIDGE CITY CODE 01 (b) Merchandise, material or stock maybe stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- r 1 cent ro erties and streets by a six-foot- gh opaque wall or ence. erchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The a ove s all no app y to opera le automobile or light-duty truck rental and sales lots; planted and potted nursery stock; plant and produce sales; boat and camper sales lots; or mobile home and structure sales lots, except that required parking spaces and lire lanes shall not be used for storage or display. (4) Stocking of items intended for use. or sale upon the premises is permitted; however, warehousing is prohibited. (5) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (6) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censer and building permit(s) as may be required by the City of Wheat Ridge. (7) Wholesale sales of any item offered at re- tail on the premises, where wholesale is an- cillary, to the primary retail use. _ (8) Parking of not more than three (3) commer- cial truck-tractors and/or semitrailers in conjunction with, and accessory to,-&-Y@@- when in conformance with the parking de- sign standards set forth in section 26- 31(C)(14) of this Zoning Ordinance. It is not intended that such parking limitations shall apply to pickup and delivery trucks nor- mally associated with business operations. (9) Temporary outside storage utilizing sem% trailers, other trailers, shipping containers or other nonstructural enclosures for which a building permit is not required shall only be allowed as a temporary use approved pur- suant to section 26-6(D)). Any temporary use permits granted by the board of adjust- ment for such outside storage methods shall require a six-foot-high view-obscuring screen or, fence around the trailers or con- tainers so as to minimize visual impacts to surrounding properties and streets. Any ex- isting outside storage trailers or containers shall be removed or otherwise come into conformance with these provisions by July 1, 1996. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26-6(A): (1) Automotive body and paint shops for auto- mobiles and light-duty trucks. (2) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B): (1) Auction houses. (2) Automobile and light-duty truck sales and rental, subject to the requirements set forth in subsection (13)(4), except the 1500-foot sep- aration between sales lots does not apply. Supp.No.15 1730 ZONING AND DEVELOPMENT V § 26.22 (3) A building contractor's service shop and storage yard incidental to an office/show- room principal use. This would include car- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similar uses which do not use heavy equipment in the business, but, how- ever, do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some customer work may occur upon the premises. All outside storage areas shall be screened from view from adjacent prop- erties and streets by a six-foot opaque wall or fence. Stacking of materials and sup- plies shall not exceed the height of the fence. Additionally, for uses which involve cus- tomer work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties. (4) Governmental buildings, fire stations, sewer treatment plants and public utility buildings, where outside storage, operations or repair facilities are planned. (5) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking spaces or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines and do not exceed thirty (30) days' occupancy of the same prop- erty. In addition, only one itinerant mer- chant may occupy a premises at any time. A temporary use permit shall not be issued by the board of adjustment. (6) Woodworking or carpentry shops for the making of articles for sale upon the prem- ises, such as cabinets or custom furniture; provided, however, that no excessive noise, vibrations, dust, emission of heat, glare, ra- diation, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties. Machinery shall not exceed five (5) horsepower. (7) (a)AParking of more than three (3) commer- cial truck-tractors and/or semitrailers on any parcel or lot, - ' -a + t RIPP-2-rp, mot t .7 F ~l. t .daq.]. thereaa, shall require approval of a spe- cial use permit. In order to evaluate the proposal, the applicant shall submit, a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traf-ic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of in- gress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi- trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of su& truck-tractors and/or semitrailers. Parking lot design shall meet the stan- dards for truck-tractors and semi- trailers as specified in section 26-31, Off-Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following. 1. Traffic impact to adjacent and sur- round street systems; 2. Noise generated on the subject site and proposed methods of miti- gating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be de- scribed; and 4. Compatibility with adjacent land uses, and proposed methods of as- Supp. No. 15 - 1731 2a~,Q y' a- tk-_-t„ 'a•• ~iie,,,.,I: •~nJa. c~-9~ awl ea t eo § 26-22 ~/N""- EAy RIDGE CIC^ TY CODE ~A ' suring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (7)(a) above, the following words shall have the fol- lowing meanings: 1. "Truck tractor" means any motor vehicle which is generally and com- monly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in con- junction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and com- monly used to carry and transport property over the public highways. 3. Any of such vehicles shall be con- sidered commercial when utilized with or as a part of a commercial venture. (c) Any property upon which a special use permit is granted pursuant to subsec- tion (E)(7) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck- tractors and/or semitrailers thereon. It shall be a violation of the Code of Laws for any commercial truck-tractor and/or semitrailer to be parked or stored upon property not so posted. Any commer- cial truck-tractor and/or semitrailer parked in violation of the provisions hereof shall be subject to the provi- sions of section 13-2 of this Code of Laws. (8) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard re- view criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. (F) Development and Use Regulations: (1) Maximum height. Fifty (50) feet. (2) Minimum lot area. No limitation, provided that all other requirements can be met. (3) Maximum lot coverage. Ninety (90) percent, with a minimum of ten (10) percent of the lot being landscaped. (4) Minimum lot width. No limitations, pro- vided that all other requirements can be met. (5) Front yard setback. Fifty (50) feet minimum, except as follows: (a) Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb. (b) Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure. (c) Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Ki- pling Street, Ward Road, north of West 44th Avenue and Youngfield Street shall be setback a minimum of fifty (50) feet. (6) Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following re- quirements shall apply: (a) Five (5) feet per story minimum, ex- cept a zero setback may be permitted where structures are constructed of ma- sonry or nonflammable material and in accordance with the Uniform Building Code. (b) In all cases, thirty (30) feet where ad- jacent to a dedicated public street. (c) In addition to building setback as re- quired by subsection (a) above, where a side yard abuts property zoned residen- tial, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial prop- erty, a five-toot-per-story landscaped Supp. No. 15 1732 ZONING AND DEVELOPMENT buffer, plus a six-foot high solid deco- rative wall or fence, shall be required between the building and the property line. (7) Rearyard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: (a) Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter. (b) In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all struc- tures. (c) In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (d) In addition to building setback as re- quired by subsection (a) above, where a rear yard abuts property zoned residen- tial, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial prop- erty, a five-Coot-per-story landscaped buffer, plus a six-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26-32. (10) Fencing requirements. See section 26-30(I). (Ord. No. 1989-801, § 3, 7-24-89; Ord. No. 1990- 827, § 1, 4-9-90; Ord. No. 1995-993, § 1, 3-27-95) § 26-23 1733 ZONING AND DEVELOPMENT 5 26.23 after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) All uses permitted in the Comme-r"_. District as "permitted principal uses." (2) Amusement parks. (3) Animal veterinary hospitals and clinics. (4) Auction houses. (5) Auto service and maintenance shops, in- cluding tire sales and recapping, muffler shops, auto and light-duty truck fueling sta- tions, detail shops, tune-up ca. washes, upholstery shops, radiator repair shops, lubrication service, sound system shops, major mechanical repair [shops], body work, and painting, but excluding any such use primarily for service, repair or main e- nance to truck-tractors or semitrailers, sub- ject to outside storage provisions set forth in subsection (C)(3) hereof. Sec. 26-23. Commercial-Two District (C-2). (A) Intent and Purpose: This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, more intensive retail sales, whole- sale businesses, and light manufacturing. This dis- trict generally depends on the entire region for the market area. (B) Permitted Principal Uses: No building or. land shall be used and no building shall be here- 1upp. No. 15 1733 (6) A building contractor's service shop and storage yard incidental to an office/show- room principal use. This would include car- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similar uses which do not use heavy equipment in the business, but, how- ever, do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur upon the premises. All outside storage areas shall be screened from view from adjacent prop- erties and streets by a six-foot opaque wall or fence. Stacking of materials and sup- plies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes a1•e pro- duced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment of use of adjacent properties. (7) Cold storage plant § 26-23 WHEAT RIDGE CITY CODE (8) Construction equipment and heavy equip- ment sales, service, rental and storage, sub- ject to outside storage and display provi- sions set forth in subsection (C)(3) hereof. (9) Creamery and milk distribution stations. (10) Dying and cleaning shops. (11) Farm equipment sales, service and storage, subject to outside storage and display pro- visions set forth in subsection (C)(3) hereof. (12) Government or quasi-governmental build- ings and offices, lire stations, or public utility buildings, where outside storage or repair facilities are planned subject to out- side storage provisions set forth in subsec- tion (C)(3) hereof. (13) Homes for the aged, nursing homes and con- gregate care homes. (14) Ice plants and delivery stations. (15) Manufacturing and/or light industrial op- erations, where operation of any one (1) ma- chine does not exceed five (5) horsepower, excluding any industrial operation listed in any other section of this chapter, subject to outside storage provisions set forth in sub- section (C)(3) hereof. (16) Mobile or modular homes or building sales. (17) Shops for custom work or for making arti- cles, materials or commodities to be sold at retail on the premises, and where no single machine exceeds five (5) horsepower; and provided, that no excessive noise, vibra- tion, dust, emission of heat, glare, radia- tion, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties, subject to outside storage provisions set forth in subsection (C)(3) hereof. (18) Theatres (including drive-ins). (19) Mini-warehouses for inside storage. (20) Wholesale businesses. (21) Woodworking or carpentry shops for the making of articles for sale upon the prem- ises, such as cabinets or custom furniture; provided, however, that no excessive noise, vibration, dust, emission of heat, glare, ra- diation, smoke or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment or use of adjacent properties. (22) Any similar use which, in the opinion of the zoning administrator, or upon appeal of his decision, of the board of adjustment, would be compatible in character and im- pact with other uses in the district, would be consistent with the intent of this dis- trict, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vi- bration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) Residential uses in commercial zones shall be allowed under the following conditions: (a) Residential use shall be located only on a floor other than the ground floor, or if located on the ground floor, re- stricted to the rear half of the building. (b) Residential dwelling density shall not exceed one (1) dwelling unit for each five thousand (5,000) square feet of lot area. (c) Residential dwelling units shall be no less than five hundred (500) square feet each. (d) Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. (e) Where it is intended to convert an ex- isting residential structure, either par- tially or wholly, to a commercial use, then commercial development stan- dards shall be applied for parking, land- scaping and residential buffering. Any Supp.No.15 1734 ZONING A.\`D DEVELOPMENT § 26-23 i ~Pwjol_ changes to building floor area shall fully comply with all commercial de- velopment standards. (D No new residences as a primary or prin- cipal use shall be allowed. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build. ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside --------mspnay or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot. igh opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or li Cool and sales lots, pla J stock, plant and p ~y o camper sales lots structure sales l s _-I nQ hall par king s shall not be used (4) Storage buildings, st shops and other similar structures wnen ac- cessory to the primary use. (5)" Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. Supp. No. 15 1735 (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tar li- censes, and building permit(s) as may 7 be required by the City of Wheat Ridge. Parking oGmore than three (3) commercial truck-tractors and/or semitrailers;Ae r 1c ow, w u areas in hirh tn~rl. + + a~ ~t.F@ila rz lgp' in rn.~ :...W]_'. se VF- _'au s e` ~ °aY"' ~ r r u dA " te 11 < i+railr rsa ~ ras s _ _ (9) Temporary outside storage utilizing semi- trailers, other trailers, shipping containers or other nonstructural enclosures for which a building permit is not required shall only be allowed as a temporary use approved pur- suant to section 26-6(D)). Any temporary use permits granted by the board of adjust- ment for such outside storage methods shall require a six-foot-high view,-obscuring screen or fence around the trailers or con- tainers so as to minimize visual impacts to surrounding properties and streets. Any ex- $ 26-23 WHEAT RIDGE CITY CODE isting outside storage trailers or containers shall be removed or otherwise come into _ conformance with these provisions by July 1, 1996. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, fol- lowing procedures as set forth in section 26-6(A): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26.6(B): (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are setback at least ten (10) feet from all property lines and do not exceed - thirty (30) days' occupancy of the same prop- 0 erty. In addition, only one (1) itinerant mer. c an c~ upy a premises at any time. A temporary use p • shall not be issued by the board of adjustmen . 2) (a) Parking of more than three (3) com r• &t " cial truck-tractors and/or semitrailers A~ ~j on any parcel or lot,-..;,-,ra• ales are lint 7eiated to the 61-ftneverts. b " of A *her-e t , shall require approval of a spe- cial. use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of in- gress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi. trailers used in commercial ventures may be parked and is not intended to apply to any noncommercial use of such truck-tractors and/or semitrailers. Parking lot design shall meet the stan- dards for truck-tractors and semi- trailers as specified in section 26-31, Off-Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and sur- rounding street systems; 2. Noise generated on the subject site and proposed methods of miti- gating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be de- scribed; and 4. Compatibility with adjacent land uses, and proposed methods of as- suring compatibility, such as screening, landscaping, setback of orientation. (b) When used in subsection (2)(a) above, the following words shall have the fol- lowing meanings: 1. "Truck tractor" means any motor vehicle which is generally and com- monly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in con- junction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and com- monly used to carry and transport property over the public highways. 3. Any of said vehicles shall be con- sidered commercial when utilized with or as a part of a commercial venture. ~t Supp. No. 1^__ O_~ J 36 a 1 . t~ A4,itlz ZONING AND DEVELOPMENT (c) Any property upon which a special use permit is granted pursuant to subpart (E)(2) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck- tractors and/or semitrailers thereon. It shall be a violation of this Code of Laws for any commercial truck-tractor and/or semitrailer to be parked or stored upon property not so posted. Any commer- cial truck-tractor and/or semitrailer parked in violation of the provisions hereof shall be subject to the provi- ~/jp sions of section 13-2 of this Code of f~ Laws. (3) Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard re- view criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed. (4) Pawnshops. (F) Development and Use Regulations: (1) Maximum height. Fifty (50) feet. (2) Minimum lot area. No limitation, provided that all other requirements can be met. (3) Maximum lot coverage. Ninety (90) percent, with a minimum of ten (10) percent of the lot being landscaped. (4) Minimum lot width. No limitations, pro- vided that all other requirements can be met. (5) Front yard setback. Fifty (50) feet minimum, except as follows: (a) Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb. (b) Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure. (c) Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Ki- § 26-23 pling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be setback a minimum of fifty (50) feet. (6) Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following re- quirements shall apply: (a) Five (5) feet per story minimum, ex- cept a zero setback may be permitted where structures are constructed of me, sonry or nonflammable material and in accordance with the Uniform Building Code. (b) In all cases, thirty (30) feet where ad- jacent to a dedicated public street. (c) In addition to building setback as re- quired by subsection (a) above, where a side yard abuts property zoned residen- tial, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial prop- erty, a five-foot-per-story landscaped buffer, plus a sir-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (7) Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: (a) Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter. (b) In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all struc- tures. (c) In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (d) In addition to building setback as re- quired by subsection (a) above, where a rear yard abuts property zoned residen- tial, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial prop- Sopp. No. 15 1737 § 26-23 WHEAT RIDGE CITY CODE erty, a five-foot-per-story landscaped buffer, plus a sic-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26.32. (10) Fencing requirements. See section 26-30(I). (11) Sign requirements. See Wheat Ridge Code of Laws, Chapter 26, Article IV. (Ord. No. 1969-801, § 4, 7-24-89; Ord. No. 1990- 527, § 1, 4-9-90; Ord. No. 1993-945, § 2, 12-13-93; Ord. No. 1994-975, § 2, 10-10-94; Ord. No. 1994- 951, § 1, 11-14-94; Ord. No. 1995-993, § 2, 3-27-95) Sec. 26-24. Light Industrial District (I). (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored (b) (c) within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory, to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use Supp. No. 15 1738 ZONING AND DEVELOPMENT permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26.6(.9): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- milted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- § 262: Supp. No. 15 1738.1 ZONING AND DEVELOPMENT Sec. 2624. Light Industrial District (I). § 26-24 (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- Supp. No. 14 1737 § 26.24 WHEAT RIDGE CODE after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent pro erties and streets b a six-foot- high opaque w or fence. erchan- dise, material and stock shall not be O stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may of Wheat Rid e the Cit d b 1 b V r g . y e req uu e y C~ J ~ i ~ (D) Conditional ses: a following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26.6(A): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- Supp. No. 14 1738 ZONING AND DEVELOPMENT § 25-24 erty. In addition, only one (1) itinerant mer- (b) When used in this section, the following chant may occupy a premises at any time. words shall have the following mean- (a) Parking of more than three 0 commer- cial truck-tractors and/or semitrailers on any parcel or lot, tlaer@Qa rB}e9 °.ve-r2x¢cc¢ co cx c ozmxapvc~a- a~ r t _ _ _ted tieR shall require approval of a spe- cial use permit. In order to evaluate ate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of in- gress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi- trailers used in commercial ventures may be parked and is not intended to apply to any noncommercial use of such truck-tractors and/or semitrailers. Parking lot design shall meet the stan- dards for truck-tractors and semi- trailers as specified in section 26-31, Off-Street Parking Requirements. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and sur- rounding street systems; 2. Noise generated on the subject site and proposed methods of miti- gating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be de- scribed; and 4. Compatibility with adjacent land uses and proposed methods of as- suring compatibility, such as screening, landscaping, setback of ings: 1. "Truck-tractor" means any motor vehicle which is generally and com- monly designed and used to draw a semitrailer and its cargo load over the public highways. 2. "Semitrailer" means any wheeled vehicle, without motive power, which is designed to be used in con- junction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and com- monly used to carry and transport property over the public highways. 3. My of said vehicles shall be con- sidered commercial when utilized with or as a part of a commercial mi~u•c. (c) Any property upon which a special use permit is granted pursuant to subsec- tion (2)(a) above shall be conspicuously posted to indicate the authorization for the parking of commercial truck- tractors and/or semitrailers thereon. It shall be a violation of this Code of Laws for any commercial truck-tractor and/or semitrailer to be parked or stored upon property not so posted. Any commer- cial truck-tractor and/or semitrailer parked in violation of the provisions hereof shall be subject to the provi- sions of section 13-2 of the Code of Laws. (3) Commercial wholesale greenhouses. (4) Manufacturing, processing, warehousing or a combination thereof of the following: (a) Instruments of professional, scientific, photographic, optical and other sim- ilar uses. (b) Electrical machinery, equipment and supplies. (c) Fountain and beverage dispensing orientation. A equipment. Sapp. No. 5 P4.,,, y~ th?.& I~L~Y~ On- /C 7)~-LAt~ Y y~ V /VVl 1739 / U~E-ANt~ § 26-24 WHEAT RIDGE CITY CODE (d) Plywood, furniture and similar wood (17) Carpet cleaning and fumigating. products. - (e) Small items, such as toys, clocks, jew elry, fountain pens, pencils and plastic (19) Cheese factory. products. (20) Contractor's plant or storage yard. (0 Transportation equipment. (g) Candy. (21) Electrical motors and armature re-grinding (h) Foods (processing and/or canning). shops. (i) Glass and glass products. (22) Film developing plants. pmg p (j) Other similar uses. (23) Ice plants. (5) Printing, engraving and other related re- production processes. (24) Stone cutting or polishing works. (6) Custom fabrication. (25) Warehousing and outside storage in accor- dance with subsection (G)(2) hereof. (7) Research laboratories, offices and other fa- (26) serums and toxins; Manufacture of vaccines cilities for research, both basic and applied, , that an antidote exists and is provided conducted by or for any individual, organi- zation or concern, whether public or pri- . readily available for such vaccine, serums vate. or toxins; provided, further, that approval of such manufacture is received from the (8) Retail sales of any commodity that is man- state department of health and the county ufactured, processed or fabricated only on health department. the premises; and equipment, supplies and (27) Outside storage of vehicles or parking of - materials designed especially for use in ag when entirely enclosed garbage trucks, mining, industry, business, trans- within an opaque fence. Auto salvage portation, building and other construction. within nesses or junk yards are not allowed within (9) Repair, rental and servicing of any com- this subsection. modity that the manufacture, fabrication, (28) Kennels. processing or sale of which is permitted in the district. (29) Manufacturing, fabrication and/or pro- cessing of concrete products. (10) Schools for industrial or business training. (30) Other similar uses approved by city council. (11) Railroad facilities exclusive of yard, main- tenance and fueling facilities. Lot lines (F) Uses Prohibited. Due to the limited area abutting railroad rights-of-way shall have available for the following uses and the proximity constructed upon them a fence of minimum to res idential uses, the following uses are specif- height of six (6) feet. ically prohibited. In no instance shall any use listed below be interpreted as a similar use to a (12) Operations required to maintain or support permi tted use: any use permitted on the same tract or lot as a permitted use, such as maintenance (1) Wholesale or retail sale or storage of the shops, power plants, machine shops, and the following: keeping of security animals. (a) Live animals, except for kennels. (13) Terminals for public transit vehicles. (b) Explosives. (c) Junk. (14) Broom factory. (d) Gasoline bulk storage exceeding two (15) Cabinet and woodworking shops. thousand (2,000) gallons, including storage for uses incidental or accessory (16) Carting, express, hauling or storage yard. to any use permitted in this district. Supp. No. 5 1740 ZONING AND DEVELOPMENT § 26-24 (e) Explosive or highly corrosive chemi- (6) Rubber manufacturing, processing or rec- cats, such as metallic magnesium, me- lamation. tallic sodium, metallic potassium or el- emental phosphorus. (7) Sawmill or planing mill. (8) Tanning. (2) Basic. manufacture of any of the following: (9) Wood preserving by creosoting or other pres- (a) Abrasives. sure impregnation of wood by preservatives. (b) Alcoholic beverages distillation. (c) Animal products. (10) Other similar uses. (d) (e) Bone black. Fermented malt beverages. (G) Performance Standards: The followingstan- (f) Carbon black and lamp black. dards and conditions shall apply to the develop- (g) Charcoal. ment, use, operation and maintenance of any spe- (h) Cinder or other blocks. cial use hereinafter approved, as well as to any (i) Clay or clay products. similar industrial use created prior to adoption of (j) Detergents, soaps and by-products this section. All environmental performance Stan- using animal fat. dards set forth are subject to the criteria estab- (k) Fermented fruit and vegetable prod- lished in current federal, state or location regula- ucts. tions, whichever criteria is most restrictive: (1) Gases, other than those used in accor- (1) Building enclosures. Every use shall be op- dance with subsection (G)(8)(c). erated in its entirety within a completely (m) Concrete or cement. enclosed building unless otherwise specifi- (n) Glue and size. cally approved. (o) Gypsum and other forms of plaster (2) Outdoor storage and waste disposal: base. (p) Matches. (a) All outdoor storage or warehousing fa- (q) Metal ingots, pigs, sand castings, sheets cilities shall be enclosed by a view- or bars. obscuring fence, wall and/or land- (r) Oils and fats, animal and vegetable. scaping which fully conceals such (s) Paper pulp and cellulose. facilities from adjacent properties, (t) Portland and similar cements. public streets and pedestrian ways. Dis- (u) Turpentine. play of finished products for retail sale (v) Wax and wax products. on the premises may be allowed, as (w) Other similar uses. such would be allowed and regulated in the C-1 and C-2 districts. (3) Ma nufacturing, fabrication and/or pro- (b) No materials or wastes shall be depos- cessing of any of the following: ited upon a lot in such a form or manner (a) Chemicals, heavy or industrial. that they may be moved from the lot (b) Coal or coke. by natural causes or forces. (c) Insulation, flammable type. (c) All materials or wastes which may (d) Paraffins, petroleum or petroleum prod- cause fumes or dust, constitute a fire ucts. hazard, or may be edible or otherwise (e) Paints, pigments, enamels, japans, lac- attractive to rodents and/or insects quers, putties, varnishes, whiting, and shall be stored only in closed con- wood fillers. tainers. (fl Other similar uses. (d) All toxic, corrosive, inflammable or ex- plosive liquids, gases or solids shall be (4) Meat slaughtering or rendering. stored in compliance with the currently adopted fire prevention code, Environ- (5) Metals, extraction or smelting. mental Protection Agency standards, Supp. No. 5 1741 § 26-24 WHEAT RIDGE CITY CODE or similar standards or requirements adopted by an agency of the State of Colorado. (3) Noise. Noise shall be measured on any prop- erty line of the tract on which the operation is located and shall be muffled so as not to become objectionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in com- pliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, § 25-12- 101, as amended. (4) Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrications of books, textile weaves, electronic equipment or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresh- olds) Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor per- mitted. Detailed plans for the prevention of odors crossing property lines may be re- quired before the issuance of a building permit. Colorado Department of Health, Air Quality Control Commission's currently adopted "Odor Emission Regulation" shall be complied with when found to be more restrictive than the values of the "Air Pol- lution Abatement Manual." (5) Glare and heat. Any operation producing intense glare and/or heat, e.g. welding con- ducted as a regular function of an opera- tion, shall be performed within an enclo- sure in such a manner as to be imperceptible along any lot line of such operation without instruments. (6) Exterior lighting. Any lights used for exte- rior illumination shall be directed light Supp. No. 5 away from adjoining properties and be sub- ject to the provisions of section 26-30. (7) Vibration. Vibration shall not be discern- ible at any property line to the human sense of feeling for three (3) minutes or more du- ration in any one (1) hour. Vibration at any time shall not produce an acceleration for more than 0.1 gravities or shall result in any combination of amplitudes and frequen- cies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equa- tions of said Bulletin No. 442 shall be used to compute all values for the enforcements of this provision. (8) Emission control of smoke, dust and gases (a) Smoke: Smoke emissions and capacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Department of Health, Air Quality Control Commission's "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (b) Dust and Other Particulates: Fugitive dust and other particulate matter from fuel-burning equipment, refuse-burning facilities, and manufacturing shall be controlled in accordance with the Col- orado Department of Health, Air Quality Control Commission's cur- rently adopted "Emission Control Reg- ulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado." (c) Gases: Detailed plans for the elimina- tion of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above-stated "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (9) Hazard. Any research operation shall be carried on with reasonable precautions against fire and explosion hazards. 1742 ZONING AND DEVELOPMENT § 26-24 (10) Radiation control. Radiation and the utili- (b) Conditional and Special Uses: The min- zation of radioactive materials shall be reg- imum width of side yard shall be ulated so as to conform with Colorado De- twenty-five (25) feet except as follows: partment of Health's currently adopted "Rules and Regulations Pertaining to Ra- 1. Thirty (30) feet where adjacent to diation Control." a dedicated public street. 2. Seventy-five (75) feet where a side (11) Electrical radiation. Any electrical radia- yard abuts property zoned Residen- tion shall not adversely affect at any point tial, or where zoned Agricultural any operations or any equipment other than and there is a residential strut- those of the creator of the radiation. Avoid- ture within twenty-five (25) feet of ante of adverse effects from electrical radi- the industrial property. There shall ation by appropriate single or mutual sched. be a sir-foot-high solid decorative uling of operations is permitted. wall or fence and ten (10) feet of landscaping adjacent to the prop- (H) Development and Use Regulations. erty line. 3. Where a side yard abuts a railroad (I) Maximum height. Fifty (50) feet. right-of-way, no side yard setback shall be required. (2) Minimum lot area. No limitation, provided that all other requirements can be met. (7) Rear yard setback: (3) Maximum lot coverage. Ninety (90) percent (a) Principal Permitted and Accessory . (See section 26-5 for definition.) Uses: Ten (10) feet for a one-story building and an additional Five (5) feet (4) Minimum lot width. No limitations, pro- per each additional story thereafter, ex- vided that all other requirements can be cept as follows: met. 1. Any rear yard which abuts a public street shall have a minimum set- (5) Front yard setback. Fifty (50) feet minimum, back of fifteen (15) feet for all struc- tures. (6) Side _Yard setback: 2. Any rear yard which abuts a public (a) Principal Permitted and Accessory alley shall have a minimum set- Uses: Five (5) feet per story minimum, back for all structures of five (5) except as follows: feet from the edge of the alley. 3. Where a rear yard abuts property 1. Zero setback where structures are zoned Residential, or where zoned constructed of masonry or nonflam. Agricultural and there is a resi- mable material and in accordance dential structure within fifteen (15) with the Uniform Building Code. feet of the commercial property, a 2. Thirty (30) feet where adjacent to five- foot- per-story landscaped a dedicated public street. buffer and a six-foot-high solid dec- 3. Where a side yard abuts property orative wall or fence shall be re- zoned residential, or where zoned quired adjacent to the property Agricultural and there is a resi- line. dential structure within fifteen (15) feet of the commercial property, a (b) Conditional and Special Uses: The min- five-foot-per-story landscape buffer imum depth of a rear yard shall be and a six-foot-high solid decora- twenty (20) feet except as follows: tive wall or fence shall be required 1. Thirty (30) feet where adjacent to adjacent to the property line. a dedicated public street. Supp. No. 5 1743 § 26-24 WHEAT RIDGE C= CODE 2. Seventy-five (75) feet where a side yard abuts property zoned Residen- tial, or where zoned Agricultural and there is a residential struc- ture within twenty-five (25) feet of the industrial property. There shall be a six_-foot-high solid decorative wall or fence and ten (10) feet of landscaping adjacent to the prop- erty line. 3. Where a rear yard abuts a rail- road right-of-way, no rear yard set- back shall be required. (8) Parking requirements. See section 26.31. (9) Landscape requirements. See section 26-32. d•'^'•°X (~10) Fencing requirements. See section 26-30(I). C/ (11) Sign requirements. See the Code of Laws, Chapter 26, Article W. (Ord. No. 1989-801, § 6, 7-24-89; Ord. No. 1990- 827, § 1, 4-9-90) Supp. No. 5 1744 Planning Commission Minutes April 3, 1997 Page 7 D. Case No. ZOA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations regarding uses allowed at "Principal Permitted" and "Special Uses", City of Wht Ridge, County of Jefferson, State of Colorado. (Continued from March 20, 1997.) Director GIDLEY restated points of concern and on-going history regarding this proposal for the audience and new Commissioners. He stated that this proposal is important and advised the audience that a final proclamation would probably not be made at this meeting. He suggested that the proposal be again postponed and be studied in-depth. However, there is a scheduling conflict (training is scheduled for 4/19 and 511 is the next Public Hearing) which will require that the proposal not be resumed until the study session of May 15. Director GIDLEY advised that once a recommendation decision is reached by the Planning Commission, it would be scheduled for a Study Session meeting with City Council prior to any public hearing should one be necessary. A public hearing may or may not be held depending on the decision of the Council to continue the change request or not. Chairperson WILLIAMS swore in Ken Dalmain, 12000 W. 52 Avenue. He owns two businesses in the Light Industrial area and has invested approximately S300K. He further stated that prior to purchasing this land, they confirmed with the City of Wheat Ridge that the zoning was appropriate and has taken every precaution to meet, all requirements. He feels he is a contributor to the City and if a rezoning was to occur, his investment would be a total loss. Chairperson WILLIAMS swore in Bob Harmson, 12098 W. 50 Place. Mr. Harmson stated he has owned 12.5 acres of Industrial property in Wheat Ridge since the 1940's. He is concerned regarding land values and should owners continue to develop property in Wheat Ridge. Chairperson WILLIAMS swore in Sharon Peterson, 8192 Kline. She is the trustee for property located 12360 W. 49th Place which her father built in the 1970's. Special use approvals for all renters when there is a change of tenants would cause hardship. The property is used as a trust income for her mother and she is concerned that with a rezoning, this income could be eliminated. Chairperson WILLIAMS swore in Lee Jordon, 14470 W. 56th Place, Arvada. Mr. Jordon stated he was asked to join a voluntary committee for the City of Wheat Ridge. The committee was was formed due to lack of major development, taxes, businesses, annexation, etc., and how could the City grow. Mr. Jordon is an owner of a lumber yard which originally generated an income of approximately $600K/year and is now generating between $5-6M per year. Use and Sales Taxes are paid to the City and they employ up to 25 people. He said if zoning changes and a lumber yard would no longer be allowed at the time he decides to sell, it would be devastating to him and his retirement plans. Chairperson WILLIAMS swore in Bill Sanders, 2960 Braun Court. He expressed confusion as to who initiated this request so that he and others would know who to talk to. Mr. Sanders inquired about Planning Commission Minutes April 3, 1997 Page 8 attending meetings, legal protest, what happens when a protest is presented, and why this proposal was presented. Director GIDLEY answered his concerns. He is very much opposed to the zoning change proposal. Chairperson WILLIAMS swore in Patricia Grossman, 11771 W. 49th Avenue. She stated that this property has been in her family for approximately 25 years. She stated she is firmly opposed with the proposal and feels there is a good set of rules and regulations already in place as well as an excellent staff to give advise to both the Commission and the property owners. She stated she had previously been the head of the Chamber of Commerce in the City of Wheat Ridge which is no longer in existence. There is only a branch because there was no interest in having a Chamber. She stated she would not like to see the same thing happen with this proposal. Chairperson WILLIAMS swore in John Cillessen, 13020 W. 58th Avenue. He stated he owns property at 12300 W. 49th Place that has been industrial since his father purchased the property in 1967. He stated that if it isn't broken, don't try to fix it. He stated that if he is required to do away with his outside storage, he will have to leave. He purchased this property because it was zoned Industrial. He would rather stay in Wheat Ridge, however, if the rezoning occurs, he stated he and other land owners would seek deannexation. Chairperson WILLIAMS swore in Bob Velten, 10670 Ross St., Westminster. Mr. Velten statedhe felt that the proposal is a dezoning in which those who own Industrial property will loose. He stated that he is a real estate broker and took time to try to find legal case history that has dealt with a situation like this. He said that what he found was not favorable to the City and recommended that the Commission request the City Attorney to provide them with legal law regarding the proposal and ramifications that could occur. He protests the change vehemently. Chairperson WILLIAMS swore in George Wyatt, 506 High Point, Golden. He stated he would just like to reiterate the comments made by Mr. Velten and protests the proposal. Chairperson WILLIAMS swore in Mike Ursetta, 6690 Carr Street, Arvada. He confirmed his opposition to the proposal and requested the Planning Commission assist property owners in keeping the zoning the way it is now. Chairperson WILLIAMS swore in Sherry Gerard, 2601 South Quebec. She stated that her attorney advised her to attend a Public Hearing and verbally object to the proposal as a requirement before having to go to court. General discussion was held including property owner recourse with the City, elimination of the 5-year proposal, grandfathering, etc.. Commissioner CERVENY expressed his dismay with the proposal and stated he did not believe it to be in the best interest of the property owners. Planning Commission Minutes April 3, 1997 Page 9 A motion was made by Commissioner RASPLICKA, seconded by Commissioner SHOCKLY to continue discussion on this proposal to the next Study Session of May 15, 1997. Motion carried 7-0. Chairperson WILLIAMS thanked the audience for coming. Commissioner SNOW stated that she would have preferred having the City Council discuss this proposal in their Study Session so that they could give the Planning Commission direction as to what exactly they were expecting. S, CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS The new Commissioners were welcome. Commissioner CERVENY inquired about a going away dinner for the past Secretary and Commissioners. Director GIDLEY will contact the past Secretary and find an amiable date for :veryone. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT The meeting was adjourned at 11:50 p.m. by consensus. Marilyn Gunn, Recording Secretary I PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-97-1 DATE: April 3, 1997 REQUEST: A public hearing to consider approval of an application by the City of Wheat Ridge to consider proposed amendments tot he Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations, City of Wheat Ridge. Position on Request (PIP qe. chnnk) i tl L ~'L ZW AVC g~a.ap, GF bo J r N p s," .~`:..w~~j ~ f aF'.,~ ~ ~^f ~ /f~,~;'Lr r~Ui~e~"~"}~• ~ ~ / IV, CIA I(,, r'-i ~ t r®~ bG~c, DOSS S•t" 4(rs-(vet g L i 2 l/ ''ate v~ ~s~-us$ V tiJ (h l lt~% U/2S U C~o -3 C Afi,-vg~e _ 0e,(..o-V r: _ elA 4 s Z,~ 491;.C /'/G AIJYy~I -5 s gas- sue- r / L L T, ® A-5 i D o _ Sec. 26 -6. Legislative and administrative process and procedures. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be required by other city ordinances and /or state law, where applicable. (A) Conditional Uses: Conditional uses are permitted uses which are subject to review to ensure that they are properly designed, developed, operated and maintained, so as to be appropriate for specific locations within a zone district wherein the conditional use is specifically enumerated. The primary issues which planning commission shall address are those special design considerations which mitigate potential detrimental impacts of a conditional use on surrounding land uses, the street systems, or public services or facilities. In order to achieve compatibility, planning commission, and city council upon appeal, shall have the right to approve, approve with modifications or deny a conditional use request. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Conditional Uses" within any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a conditional use permit, the applicant shall be required to hold a neighborhood input meeting. (See subsection (F)(1) for requirements.) (b) Conditional use applications may be originated only by the fee owners of the property or by his attorney or legally designated agent by power -of- attorney. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified boundary or improvement survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the conditional use. The site plan shall meet the requirements of a Type I Site Plan as set forth in subsection (E)(1). (e) Upon receipt of a complete application packet, as described above, the planning and development department shall proceed as follows: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the review criteria established in the following subsection (A)(3). (3) Criteria for review. Before a conditional use is approved, the applicant shall show, and the planning commission shall find, that the proposed conditional use: (a) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; (b) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution; (c) Is consistent with the comprehensive plan; (d) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (e) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (f) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review. Planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then decide to approve, approve with conditions or deny the application, basing its decision upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission may impose conditions or stipulations, which may include physical design as well as operational and maintenance consideration, upon the conditional use, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use ". Such conditions or stipulations 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 conditional use. (5) Appeal. An applicant, or any aggrieved property owner within 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 for the appeal, with the Wheat Ridge City Clerk, within ten (10) working days after the date of the planning commission 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 hear additional evidence and testimony presented, and shall decide to sustain, amend, or reject planing commission decision, with its decision being based upon all evidence presented and the planning commission record, with due consideration of the criteria for review. (6) Enforcement. All conditions and stipulations imposed by planning commission or city council shall be maintained in perpetuity with the conditional use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall initiate standard enforcement proceedings. (B) Special Uses: Special uses are discretionary uses which defie' "- an aFea and w hieh if properly designed, developed, operated and maintained, may be approved for any specific location with a zone district wherein the special use is enumerated. There are two categories of special use approval: (1) Land Vested. These special uses require substantial investment in site and /or building improvements which are long term capital investments and are unique in design such that adaptation to a principal permitted use in the particular zone is impractical and cost prohibitive. Approval of these special use permits shall become a vested property right which may transfer with the land or lease, however are subject to all conditions of approval. (2) Owner Grant of Use: This category of special use is less dependent upon unique site and /or building improvements to accommodate the use, however, is highly dependent upon proper management to ensure that operational aspects of the use are not detrimental to adjacent properties, the neighborhood, or the general public welfare. Therefore, approval of "Owner Grant - Special Uses" vests only to the owner of the special use approved and shall not be a vested property right and shall not automatically transfer with the land or lease, except through inheritance by an heir. Speeial useFS We highly dependent upen PFepeF design, management, and epefatielgal The primary issues which planning commission and city council shall address are those related to justification of need and those special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, the planning commission and city council shall have the right to approve, approve with modifications or deny a special use request and to revoke previously approved special use permits pursuant to subsection (6) hereof. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood input meeting. (See subsection (F)(1) for requirements.) (b) Special use applications may be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the land owner, or their legal representatives, must be present at all public hearings. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 X 11 inches minimum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public street rights -of -way, public easements, irrigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public improvements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc.. 6. Existing and proposed street access points or curb cuts and dimensions thereof. 7. Proposed site development elements, including general building envelops, landscape /open space buffers, parking and loading areas, and outside work, storage or display areas. 8. Site data table, including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape /open space area, parking area, maximum building height, etc.. (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. (c) Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. (f) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (g) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission shall make a specific determination specifying the recommended classification of the proposed special use as "Property Vested" or "Owner Grant". Planning Commission shall make a specific determination specifying the recommended classification of the proposed special use as 'Property Vested" or "Owner Grant". Planning commission may recommend conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the special use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use ". Such conditions or stimulations may be recommended in order to ensure compliance with the criteria for review, which, in the case of "Owner Grant" uses, if not complied with, shall be grounds for revocation of the conditional use. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council. (5) City council review. City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission. Special uses may only be approved by passage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26- 6(F)(1). City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented, and either pass, pass with modifications, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such special use permit, signed by the owners of twenty (20) percent or more of the area: (a) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (b) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three - fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the noncity land within the one - hundred -foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. (6) Enforcement. All conditions and stipulations imposed by city council shall be maintained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate normal code enforcement procedures in the case of a "Land Vested" special use, or in the case of "Owner Grant" special uses, initiate revocation proceedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the prescribed correction date, the zoning administrator shall schedule a revocation hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and /or to direct the city's's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. Any revocation action shall become effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continuance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the date of the continued hearing, should the council find that the conditions and stipulations have not been satisfactorily met, council shall adopt the revocation ordinance. (C) Change of Zone (Rezoning): A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehensive Plan and promotes the general welfare of the community. If a proposed amendment is not consistent with the comprehensive plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the existing zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1) Mapping errors, including incorrect boundary location or incorrect zone designation; or 2) Ordinance errors, including incorrect zone designation, legal description error, or typographical errors. The final determination as to a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are hereby advised and informed that there is no right to a change of zone of property. (1) Applicability: The requirements of this subsection shall be applicable throughout the boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the city where one (1) of the following is proposed: (a) Change of zone of a parcel of land from one zone district classification to another zone district. (b) Changing of the conditions of an existing zone district where those conditions were specifically established by a previous rezoning ordinance. (c) Changes to a planned development outline plan, including density (units per acre), intensity (floor area ratio), an increase or change of uses, or other changes which constitute a substantial change in character of development as determined by the director of planning and development (2) Application form and review procedures: (a) Prior to submitting any application for a change of zone of property to a higher use than is currently permitted, that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a neighborhood input meeting. (See subsection 26.6(F)(1) for requirements.) (b) Rezoning applications may be originated only by the fee owner of the property or by his attorney or legally designated agent by power -of- attorney. (c) Application for change of zone shall be submitted on notarized forms provided by the department of planning and development, and shall be accompanied by: 1. Proof of ownership of land (copy of the property deed) 2. A certified boundary and improvement survey, at a scale of not less than 1" = 100' 3. A legal description of property under consideration (exact description of area to be rezoned, described in bearings and distances, tied to a section corner). 4. Fee of two hundred dollars ($200.00) for rezoning to districts other than planned development districts and a fee of three hundred dollars ($300.00) for rezoning to a planned development district. (d) All applications shall also be accompanied by written information in sufficient detail to convey the full intent of the applicant and justifications of why a change of zone is appropriate in the area and shall include: 1. Need for the change of zone. 2. Present and future effect on the existing zone districts, development, and physical character of the surrounding area. 3. Access to the area, traffic patterns and impact of the requested zone on these factors. 4. Availability of utilities. 5. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. 6. A discussion of the relationship between the proposal and adopted plans and /or policies of the city. 7. Any additional materials necessary to adequately review the proposal. (e) A Type I site plan shall be required if the proposed change of zone is located in an area designated as a "multiple use" or "activity center" within or upon the City of the Wheat Ridge Comprehensive Plan. (See subsection (E)(1) for site plan requirements.) (f) Upon receipt of a complete application packet, as described above, the planning and development department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application with notice by publication, letter and site posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal, makes findings, and makes recommendations using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a change of zone is approved, the applicant shall show, and the planning commission and city council shall find: (a) That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error; or (b) That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives, and policies, comprehensive land use plan and other related policies or plans for the area; and 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and 3. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone; and 4. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties; and 6. That the property cannot reasonably be developed under the existing zoning conditions; and 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas; and a. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products, or facilities especially appropriate at the location, considering available alternatives. (4) Planning commission review: The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. The planning commission may recommend conditions or stipulations which may include site plan review, use limitations, or specific design or operational stipulations in addition to standard development and use regulations which apply. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council, with the city clerk within ten (10) working days of the planning commission decision. (5) City council review: City council shall review and decide upon all requests for change of zone, upon recommendation of the planning commission for approval, or upon appeal by an applicant of a recommendation for denial by the planning commission. Change of zone may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures. Notice of public hearing shall be by publication, letter and site posting in the manner provided in subsection (F) hereof. City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or deny the ordinance. City council shall base its decision upon all evidence presented, with due consideration of the criteria for review as set forth under subsection (C)(3) above. In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the area: (a) Of the property included within the proposed change; or (b) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or, (c) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such changes shall not become effective except by the favorable vote of three - fourths of the entire city council. Where land within the area proposed for change, or adjacent or opposite land, as defined above, is owned by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of non -city land within the one - hundred -foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such changes shall be submitted to the city council no later than the hearing on the proposed rezoning. (6) Recordation: All approved rezoning ordinances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. (D) Variance/Waivers/Temporary Permits/Interpretations. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provisions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification of such hearing shall occur by newspaper publication, posting, and certified letter as prescribed in subsection (17)(1). (1) Application requirements. All requests for a variance, waiver, temporary permit, or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. (a) Fee Requirement: Fifty dollars ($50.00), except where a request covered within this subsection (D) is made a part of another administrative process, then the higher fee shall be imposed. (b) Documentation Required: 1. Copy of the deed for the property. 2. Power of Attorney if the applicant is not the owner of the property. 3. Property survey will be required if the request involves relationship of structure(s) to lot lines or lot area. 4. Posting certification (to be submitted at the hearing to the clerk). 5. Other information which the applicant, the zoning administrator, or the hearing authority determines is necessary in order to adequately evaluate the application. (2) Variances and Waivers: (a) Minor Variance or Waivers (Ten (10) Percent or Less): The zoning administrator is empowered to decide upon applications for minor variances or waivers from the strict application of any of the "development and use regulations" of this zoning ordinance, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: 1. The variance or waiver does not exceed ten (10) percent of the minimum or maximum standard; and 2. That the zoning administrator finds that the "findings of fact' as set forth in subsection (2)(c) hereof, are substantially complied with and support the request; and 3. The zoning administrator has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received during such ten -day period. 4. That no additional dwelling units would result from approval of such variance or waiver. (b) Variances and Waivers of More than Ten (10) Percent: The board of adjustment is empowered to hold public hearings to hear and decide upon appeals for variances and waivers from the strict application of any of the "development and use regulations" which apply throughout the various zone district regulations of this zoning code, unless otherwise specifically provided. Where a variance or waiver is made a part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before planning commission and /or city council, then the planning commission and /or city council shall be empowered to decide upon such variance or waiver request concurrent with such other process; however, in deciding such variance or waiver the planning commission and /or city commission shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2 -61. (c) Review criteria and findings of fact: Where the board of adjustment, planning commission or city council shall hear and decide upon a request for a variance or waiver, that authority shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? 2. Is the plight of the owner due to unique circumstances? 3. If the variation were granted, would it alter the essential character of the locality? 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? (d) Expiration of variance: Any variance granted by the board of adjustment or planning director shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or planning director may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance. (3) Temporary permit for uses, buildings and signs: (a) One -month temporary permit: The zoning administrator is empowered to decide upon applications for temporary buildings, uses, or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: 1. The duration of the building, use or sign shall not exceed one (1) month. 2. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises. 3. The zoning administrator shall determine that the "findings of fact" as set forth in subsection (3)(b) below are substantially complied with. 4. The zoning administrator has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in subsection (D)(2)(a), and has received no objections. 5. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions stated above are met, the zoning administrator may issue a one -month temporary permit; however, if they are not met, he must deny the permit. The applicant may appeal denial to the board of adjustment. (b) One -year temporary permit: The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary uses, buildings or signs which would not otherwise be permitted in a particular zone district. The board may approve a temporary permit for no longer than one (1) year per application. When hearing and deciding requests for temporary permits, the board shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary use, building or sign: 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution or cause drainage problems for the general area; and 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and 5. Will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. (4) Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of the provisions of the zoning ordinance (Article I of this chapter), flood plain regulations (Article II of this chapter), Subdivision Regulations (Article III of this chapter), and /or the sign regulations (Article IV of this chapter) in such a way as to carry out the intent and purpose of such laws. Such authority to interpret shall extend to include the following: (a) The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. (b) Use of property as an 'other similar use;" however, in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher, that is, more intensive, zone district. (c) Relationship of physical improvements, streets, rights -of -way, streams, property boundaries, etc., where such varies or are inconsistent with the official zoning maps of the City of Wheat Ridge. (5) Appeals. Appeal of any decision of the board of adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpretations may be made by the applicant, the city council, or any aggrieved party to district court within thirty (30) days of the decision. Appeal of any such decision of the planning commission may be made by the applicant, the mayor or any aggrieved party to the city council within ten (10) working days of the decision. (E) Site development plans: There are a variety of land use review processes which require submittal of a site plan as part of the documentation to be considered when deciding a particular request. Based upon the specific type of request, the detail and reliability of a site plan will vary. The requirements for outline, preliminary and final development plans required in planned development zone district (PRD, PCD, PID, PMHP, PRVP, and PHD) are found in those district regulations. (See Section 26 -25.) This section establishes the purpose, graphic and informational requirements for two (2) types of site development plans required in instances other than planned development districts. (1) Type / site plan: (a) Purpose: This is a sketch plan which indicates general development intent, building envelopes, parking areas, landscape /open space areas, storage or outside work areas, and approximate location of street access. It is not intended to provide detailed design elements or engineering or architectural details. It does, however, provide a general indication of the potential character and possible impacts of a proposed development and may be used as a basis for future zoning review and zoning enforcement. As such, it becomes a part of the case file and record, and if the request involves adoption of an ordinance to approve, the site plan will be attached to the ordinance as an exhibit, and shall be filed with the Jefferson County clerk and recorder. (b) Plan Requirements: 1. Sheet Size: 8.5 X 11 inches minimum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public streets rights -of -way, public easements, irrigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public improvements within and adjacent to the site including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. 6. Existing and proposed street access points or curb cuts and dimensions thereof. 7. Proposed site development elements, including general building envelopes, landscape /open space buffers, parking and loading areas, and outside work, storage or display areas. 8. Site data table including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape /open space area, parking area, maximum building height, etc. (2) Type 11 site plan: (a) Purpose: This is a moderately detailed plan which provides a greater amount of site relationship and architectural information for decision - makers to consider in deciding upon applications for use and development. It is intended to illustrate preliminary site design elements, preliminary architectural character and consideration of engineering issues to the extent that the potential character and possible impacts are more clearly definable. It can provide the basis for building permit review, certificate of occupancy review, and future zoning enforcement. The plan will be part of the case file and record, and will be recorded with the Jefferson County clerk and recorder. (b) Plan requirements: Sheet Size: a. Small format. In cases where the required information can be displayed in an easily read, simple and uncomplicated manner at a small scale, the site plan may be submitted in the form of an 11 X 17 -inch or 8'/2 X 11 -inch format. Multiple sheets will be permitted for written and tabular information if necessary. b. Large format. In cases where, because of the complexity of information or the size of the site, the required information cannot be displayed in an easily read, small format site plan, the applicant may or the director of planning and development may require that the site plan be prepared at a 24 X 36 -inch format. (This large format site plan must meet the Jefferson County Recorder's minimum requirements for recordation, as upon final approval. A reproducible Mylar will be recorded.) 2. Vicinity Map. 3. The boundary of the site described in bearings and distances and existing and proposed lot lines. 4. Legal description of the site matching the certified survey. 5. Signed surveyor's certification, (applies only to large format site plans). 6. Scale and north arrow. 7. Date of map preparation and name and address of person who prepared map. 8. Location of 100 -year flood plain, if applicable. 9. Existing and proposed contours at two -foot intervals. 10. Location of all existing and proposed: a. Fences, walls, or screen plantings and their type and height; b. Exterior lighting, location, height and type; C. Signs, including type, height and size; d. Landscaping and special buffers including type and coverage; e. Parking and loading areas, handicap parking areas; f. Easements and rights -of -way; g. Drainage ways, pond areas, ditches, irrigation canals, lakes, and streams if applicable; h. Buildings to be developed or retained on the site including possible use, height, size, floor area, setback dimensions and type of construction. I. Existing and proposed streets, both adjacent and within the site, including names, widths, location of center lines, acceleration/ deceleration lanes; j. Curbs, gutters, sidewalks, bike paths; k. Location of trash containers and method of screening, if any; I. Areas to be used for outside work areas, storage or display and method of screening, if any; M. Name of the site plan with the words "Official Development Plan of the City of Wheat Ridge" thereunder; (please note, since the plan will be recorded, the name cannot duplicate an existing recorded official development plan). 11. Adjoining property lot lines, buildings, access, parking, so as development compatibility can be determined. 12. Other information which shall be in written or tabular form including: a. Statement of proposed zoning and any conditions. b. Statement of proposed uses. C. State data (numeric and percentage) in tabular form, including: I. Total area of property, gross and net; ii. Building coverage; iii. Landscape coverage; iv. Total lot coverage by all structures and paving; V. Number of parking spaces; vi. Gross floor area; and vii. Number of residential units and density (if applicable). 13. Signature blocks for (large format plans only): a. Planning commission certificate. b. Mayor's certificate. C. Clerk and recorder's certificate. d. Director of planning and development. 14. In addition to the information included on the site plan document, the following supportive information may be required: a. Drainage plan. b. Elevations and perspective drawings. C. Traffic impact report. (F) Public Hearing Notice and Procedure: (1) Pre - application neighborhood input meeting. Prior to submitting any application for a rezoning of property to a higher use than is currently permitted, or for a special use permit, conditional use permit or mineral extraction or solid waste disposal permit, an applicant shall be required to do the following: (a) Applicant shall, by regular mail or by pamphlet or flyer personally delivered, notify all residents within six hundred (600) feet of the area proposed to be rezoned or for which a use permit as specified above is sought, of a meeting to be held, at a time and place selected by applicant but reasonably calculated to be convenient both to applicant and those residents notified, for the purpose of allowing the applicant to present to said residents the nature, character and extent of the action requested by applicant, and further to allow the residents to give input to the applicant regarding said proposal. (b) The intent of this proposal is to give adequate opportunity for both applicants and residents to give and receive input regarding proposed projects prior to their formal submission so that the projects are carefully designed and conceived to be compatible with surrounding neighborhoods. It is not the intent of the city council to require formal agreements between applicants and residents prior to submission of applications, nor is any applicant to be denied a right to proceed to any required or permitted hearings regarding such application because no agreement is reached. Rather, the city council by this action is encouraging reasonable, honest, good faith communication between residents and applicants, and vice versa. (c) No rezoning application or use permit as defined above shall be accepted by the city's staff until applicant has certified by affidavit, that he has complied with the provisions of this subsection (F)(1) above. (2) Newspaper publication. At least fifteen (15) days prior to any public hearing for a specific land use or development approval process which requires approval by the planning commission, board of adjustment or city council, the zoning administrator shall cause to be published, in the legal section of a newspaper of general circulation within the city, a notice of public hearing. Said notice shall specify the kind of action requested; the hearing authority; the time, date, and location of hearing; and the location of the parcel under consideration by both address and legal description. Notwithstanding the above, any action which requires approval by passage of an ordinance by city council shall be subject to regular ordinance approval process, which includes a first reading of the ordinance by city council at a regular meeting, where no testimony is allowed. Then, if passed upon first reading, council establishes the time and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as described above. (3) Posting notice. At least fifteen (15) days prior to any public hearing for a specific land use or development approval process which requires approval by planning commission, board of adjustment or city council, the zoning administrator shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by both address and legal description. Such sign shall be posted within the property boundaries, shall be affixed to a flat surface, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The fact that a parcel was not continuously posted the full fifteen (15) days may not, at the full discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. (4) Letternotice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adjacent property owners and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested, the hearing authority, the time, date and location of hearing, and the location of the parcel under consideration by address or approximate address. (5) Public hearing rules: (a) Postponements: After a public hearing has been legally noticed, only one (1) postponement by the applicant may be allowed by the planning commission, board of adjustment or city council. Upon the second request for postponement, the planning commission, board of adjustment, or city council shall have the authority, which they may exercise at their discretion, to dismiss the application. (b) Rehearing Requests: No application shall be submitted to or accepted by the planning commission, board of adjustment, or city council (whichever is the final hearing authority) if any previous application for the same, or substantially similar request, for the same property or portion of property has been denied during the preceding twelve (12) months. The twelve -month time limitation contained herein shall commence on the date of any final determination of denial by the planning commission, board of adjustment, city council or a court of record, whichever is later. The twelve -month time limitation specified in this section shall be strictly adhered to except upon a finding by the final hearing authority, after evidence presented by the applicant, that a major change in physical conditions and circumstances warrants an earlier hearing. "Major change in physical conditions and circumstances" shall, for the purposes of this section, mean a significant modification in the character and nature of the proposed development or use, and shall be reflected in the intensity of the use, the density of the use, the external effects on adjacent properties, or such other factors as may be determined by the planning commission, board of adjustment and /or the city council. An exception to the above - stated twelve (12) month rehearing period may be allowed where the applicant or a member of the final hearing authority who voted with the prevailing side, requests a rehearing on the same application no later than at the next regular or special meeting. The granting of a rehearing shall be by majority vote, if requested by the applicant, and shall be based upon the submittal of new evidence which could not have been, with due diligence, presented at the previous hearing on the application. (c) Quasi - Judicial Matters: Any application which involves the use and /or development of a specific parcel of land, as opposed to a city- initiated large area or city -wide proposal, is considered a quasi - judicial matter. Therefore, applicants, opponents and proponents are prohibited from making ex parte contact (that is, contact outside of the public hearing forum) with any member of the decision - making authority. (6) Public notice time requirements. Unless otherwise specifically stated to the contrary in the Wheat Ridge Code of Laws, public notice time requirements include the day the notice is posted, appears in the newspaper, or is received by a recipient, and shall also include the day of the public hearing. By way of example, a public hearing advertised in a Thursday newspaper, which requires a fifteen (15) day notice, is eligible for hearing no sooner than the second subsequent Thursday. (G) Vested property rights: (1) Purpose. Pursuant to the provisions of Article XX, Section 6, of the Constitution of the State of Colorado, the electors of the City of Wheat Ridge, Colorado, have adopted a Home Rule Charter. The law is, and has for many years been, clear and certain that adoption of a Home Rule Charter vests the citizens of a home rule city, and the legislative body thereof, with the power and authority to enact legislation on matters of purely local concern which legislation preempts and supersedes state legislation as to those matters of purely local concern. Zoning is and has on numerous occasions been declared and confirmed by the Colorado Supreme Court as being a matter of purely local concern. The purpose of this subsection 26 -6(G) is to state the intent of the City of Wheat Ridge to guard jealously its rights and powers as a home rule city to enact local zoning regulations which supersede and preempt state legislation in the area of zoning. (2) Vested rights. The City of Wheat Ridge is aware of passage of Senate Bill 219, codified in C.R.S. 24 -68 -101. The City of Wheat Ridge rejects the assertion that the subject matter of said Senate Bill 219 is "a matter of statewide concern ", and therefore, determines that the provisions of Senate Bill 219 are expressly superseded and preempted within the City of Wheat Ridge by the provisions of this subsection 26 -6(G) of the Code of Laws of the City of Wheat Ridge. (3) Creation of vested rights. No vested right is created within the City of Wheat Ridge by the approval of any application for zoning or rezoning, site plan, consolidation plan, subdivision plan or plat, planned building group, or an outline, preliminary or final development plan. Rather, a vested property right shall be created if, after a building, grading or fill permit has been lawfully issued, the successful applicant, owner, or permit holder (expressly provided that approval has been granted and /or a permit has been issued in compliance with all applicable laws, rules and regulations, and not based upon a "misrepresentation of fact or a mutual mistake of fact') has taken lawful, reasonable, and substantial steps, and has incurred lawful, reasonable, and substantial expenses, in justifiable reliance upon the approval or permit. The intent of this provision is to adopt the common law of estoppel in pais as that doctrine existed on June 30, 1987, as the law of vested property rights within the City of Wheat Ridge. (4) Notice concerning vested rights. Ordinances approving requests for zoning /rezoning of property, and ordinances, resolutions or motions approving plans, plats, site plans or any other required submission, shall contain the following statement: "Approval of this (ordinance, plan, plat, etc.,) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of section 26 -6(G) of the Code of Laws of the City of Wheat Ridge." (H) Zoning Ordinance Amendments: (1) Requests or proposals for amendments. Requests or proposals to amend this article may be initiated by city council, the mayor, planning commission, board of adjustment, the city attorney, the city administrator, or the director of planning and development. Any proposal to amend the zoning ordinance referred to the planning commission shall be scheduled for hearing within thirty (30) days of such referral and a recommendation to approve, to modify, or to deny the proposal shall be rendered by the planning commission within sixty (60) days of such referral. Failure to make a recommendation to city council within sixty (60) days shall be deemed a recommendation for approval without comments. Any other party requesting or suggesting amendments shall make application to the planning commission for consideration on a future agenda as a study matter. (2) Process: (a) Planning Commission Hearing: A public hearing shall be scheduled before the planning commission and the planning commission shall hear and make recommendation to city council upon all proposals to amend the zoning ordinance. Notice of said public hearing shall be by a notice published in a newspaper of general circulation at least seven (7) days prior to said hearing. (b) City Council Hearing: All amendments to the zoning ordinance shall be approved only by the passage of an ordinance. Said ordinance shall specify those provisions which are being enacted, repealed, modified otherwise changed. After passage upon first reading, a notice of public hearing, together with the council bill shall be published in a newspaper of general circulation, no less than seven (7) days prior to a public hearing before city council. Council shall hold a public hearing on all requests and proposals recommended to it by the planning commission, and shall approve, approve with modifications, or deny the council bill. Ordinances approved on second reading which amend the zoning ordinance, shall take affect fifteen (15) days after final publication, unless otherwise specifically modified by a motion of city council. (Ord. No. 1989 -791, subsection 1, 5 -8 -89; Ord. No. 1990 -822, subsection 2, 2- 26 -90; Ord. No. 1990 -827, subsection 1, 4 -9 -90; Ord. No. 1992 -889, subsection 1, 2- 10 -92; Ord. No. 1993 -945, subsection 1, 12- 13 -93; Ord. No. 1994 -970, subsection 1,6- 13 -94; Ord. No. 1994 -978, subsection 1, 10- 10 -94; Ord. No. 1994 -985, subsection 1, 12- 12 -94) MEMORANDUM To: Planning Commission From: Glen Gidley, Planning & Development Director Re: Case: ZOA-97-0 I Andustrial District Date. March 25, 1997 4 At your meeting of March 20, you reviewed a variety of issues and options regarding possible changes to the Light Industrial (I) zone district regulations. You also heard comments from several owners of I-Zoned properties all of whom were negatively concerned by these possible changes. You came to a consensus to direct me to prepare the following for the April 3rd hearing: A. Suggested revisions to Section 26-6 of the Zoning Code regarding Special and Conditional Uses, which would eliminate Conditional Uses and revise Special Uses to accommodate vesting of approval with the land or with the owner based upon the specific proposal. (See Attachment A). B. Suggestions, using the Light Industrial District (I) regulations as a start, for realigning the various uses from Permitted, Conditional and Special Uses into only Permitted and Special Uses. Attachment B is a copy of both the Light Industrial district regulations (Section 26-24) and the C-2 district regulations (Sec. 26-23), with suggested use classifications as: P = Permitted A = Accessory S = Special Please note, if you eliminate the Conditional Use category from section 26-6, then we will need to go through all zone district regulations and reallocate Conditional Uses into Permitted, Accessory or Special Uses. However, before moving forward with review, analysis and revisions to all of the other zone district regulations, I recommend that your suggested revisions to Section 26-6 regarding Special and Conditional Use procedures, and to Section 26-24, Light Industrial, be forwarded to Council for their reaction. Then, if they approve your recommendations, move forward with the remaining districts. Sec. 26-6. Legislative and administrative process and procedures. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be required by other city ordinances and/or state law, where applicable. (A) Conditional Uses: Conditional uses are permitted uses which are subject to review to ensure that they are properly designed, developed, operated and maintained, so as to be appropriate for specific locations within a zone district wherein the conditional use is specifically enumerated. The primary issues which planning commission shall address are those special design considerations which mitigate potential detrimental impacts of a conditional use on surrounding land uses, the street systems, or public services or facilities. In order to achieve compatibility, planning commission, and city council upon appeal, shall have the right to approve, approve with modifications or deny a conditional use request. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Conditional Uses" within any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a conditional use permit, the applicant shall be required to hold a neighborhood input meeting. (See subsection (F)(1) for requirements.) (b) Conditional use applications may be originated only by the fee owners of the property or by his attorney or legally designated agent by power-of-attorney. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified boundary or improvement survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the conditional use. The site plan shall meet the requirements of a Type I Site Plan as set forth in subsection (E)(1). (e) Upon receipt of a complete application packet, as described above, the planning and development department shall proceed as follows: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the review criteria established in the following subsection (A)(3)• (3) Criteria for review. Before a conditional use is approved, the applicant shall show, and the planning commission shall find, that the proposed conditional use: (a) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; (b) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution; (c) Is consistent with the comprehensive plan; (d) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (e) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (f) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review. Planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then decide to approve, approve with conditions or deny the application, basing its decision upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission may impose conditions or stipulations, which may include physical design as well as operational and maintenance consideration, upon the conditional use, in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use". Such conditions or stipulations 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 conditional use. (5) Appeal. An applicant, or any aggrieved property owner within 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 for the appeal, with the Wheat Ridge City Clerk, within ten (10) working days after the date of the planning commission 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 hear additional evidence and testimony presented, and shall decide to sustain, amend, or reject planing commission decision, with its decision being based upon all evidence presented and the planning commission record, with due consideration of the criteria for review. (6) Enforcement. All conditions and stipulations imposed by planning commission or city council shall be maintained in perpetuity with the conditional use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall initiate standard enforcement proceedings. (B) Special Uses: Special uses are discretionary uses which defiement an , and which if properly designed, developed, operated and maintained, may be approved for any specific location with a zone district wherein the special use is enumerated. There are two categories of special use approval: (1) Land Vested. These special uses require substantial investment in site and/or building improvements which are long term capital investments and are unique in design such that adaptation to a principal permitted use in the particular zone is impractical and cost prohibitive. Approval of these special use permits shall become a vested property right which may transfer with the land or lease, however are subject to all conditions of approval. (2) Owner Grant of Use:_ This category of special use is less dependent upon unique site and/or building improvements to accommodate the use, however, is highly dependent upon proper management to ensure that operational aspects of the use are not detrimental to adjacent properties, the neighborhood, or the general public welfare. Therefore, approval of "Owner Grant-Special Uses" vests only to the owner of the special use approved and shall not be a vested property right and shall not automatically transfer with the land or lease, except through inheritance by an heir. heir. Speeial usefs are highly dependent upon pFopep design, management, and epeffltional The primary issues which planning commission and city council shall address are those related to justification of need and those special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system, or public services or facilities. In order to protect the public interest, the planning commission and city council shall have the right to approve, approve with modifications or deny a special use request and to revoke previously approved special use permits pursuant to subsection (6) hereof. (1) Applicability. The requirements of this subsection shall apply to all uses listed as "Special Uses" within the provisions set forth for any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood input meeting. (See subsection (F)(1) for requirements.) (b) Special use applications may be originated only by the prospective owner of the proposed special use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed special use. Both the special use owner and the land owner, or their legal representatives, must be present at all public hearings. (c) Application shall be submitted on forms provided by the department of planning and development, and shall be accompanied by a copy of the property deed, a certified survey, and a fee of one hundred dollars ($100.00). (d) All applications shall also be accompanied by a site development plan and additional written information in sufficient detail to convey the full intent of the applicant in developing, operating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 X 11 inches minimum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public street rights-of-way, public easements, irrigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public improvements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc.. 6. Existing and proposed street access points or curb cuts and dimensions thereof. 7. Proposed site development elements, including general building envelops, landscape/open space buffers, parking and loading areas, and outside work, storage or display areas. 8. Site data table, including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc.. (e) Upon receipt of a complete application packet as described above, the planning and development department shall proceed with the following process: 1. Refer the application to affected public agencies for review and comment. 2. Within thirty (30) days of acceptance of a completed application packet, give notice of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and recommendations to the planning commission which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. (c) Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. (f) Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. (g) Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review. The planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then make a recommendation to city council to approve, approve with conditions or deny the application, basing its recommendation upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission shall make a specific determination specifying the recommended classification of the proposed special use as "Property Vested" or "Owner Grant". Planning Commission shall make a specific determination specifying the recommended classification of the proposed special use as "Property Vested" or "Owner Grant". Planning commission may recommend conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the special use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use". Such conditions or stimulations may be recommended in order to ensure compliance with the criteria for review, which, in the case of "Owner Grant" uses, if not complied with, shall be grounds for revocation of the conditional use. A recommendation for denial shall be considered final, unless the applicant files an appeal to city council. (5) City council review. City Council shall review and decide upon all requests for special uses upon recommendation of planning commission for approval or upon appeal by an applicant of a recommendation for denial by planning commission. Special uses may only be approved by passage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26-6(F)(1). City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented, and either pass, pass with modifications, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such special use permit, signed by the owners of twenty (20) percent or more of the area: (a) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100) feet from the property; or (b) Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. (6) Enforcement. All conditions and stipulations imposed by city council shall be maintained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate normal code enforcement procedures in the case of a "Land Vested" special use, or in the case of "Owner Grant" special use ` atiea.pr eedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the prescribed correction date, the zoning administrator shall schedule a revocation hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. Any revocation action shall become effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continuance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the date of the continued hearing, should the council find that the conditions and stipulations have not been satisfactorily met, council shall adopt the revocation ordinance. (7) rewsrews er tspeclaL ica hir-,~h '~nnnc~nfOrmirxg ±p.,tf~e~. WZWsion&; seefieri -26-6(&)-by way--o# nut-hawing-received-apprava of a or ru es ap~oceFufes shall terminate o~ ~"r- shad (C) Change of Zone (Rezoning): A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the 5= SFEc.ib . A= AGcass oit y Sec. 26-23. Commercial-Two District (C-2). 4 26-23 after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: P(1) All uses permitted in the Comme*cis'_- District as "permitted principal uses." 5 P P P P (A) Intent and Purpose: This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, more intensive retail sales, whole- sale businesses, and light manufacturing. This dis- trict generally depends on the entire region for the market area. (B) Permitted Principal Uses: No building or. land shall be used and no building shall be here- ,,upp. No. 15 ZONING AND DEVELOPMENT 1733 (2) Amusement parks. (3) Animal veterinary hospitals and clinics. (4) Auction houses. (5) Auto service and maintenance shops, in- cluding tire sales and recapping, muffler shops, auto and light-duty truck fueling sta- tions, detail shops, tune-up shags, car washes, upholstery shops, radiator repair shops, lubrication service, sound system shops, major mechanical repair [shops], body work, and painting, but excluding any such use primarily for service, repair or mainte- nance to truck-tractors or semitrailers, sub- ject to outside storage provisions set forth in subsection (C)(3) hereof. (6) A building contractor's service shop and storage yard incidental to an office/show- room principal use. This would include car- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similar uses which do not use heavy equipment in the business, but, how- ever, do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur upon the premises. All outside storage areas shall be screened from view from adjacent prop- erties and streets by a six-foot opaque wall or fence. Stacking of materials and sup- plies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are pro- duced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment of use of adjacent properties. (7) Cold storage plant. § 26-23 WHEAT RIDGE CITY CODE S (8) Construction equipment and heavy equip- provided, however, that no excessive noise, ment sales, service, rental and storage, sub- vibration, dust, emission of heat, glare, ra- ject to outside storage and display provi- diation, smoke or fumes are produced to the sions set forth in subsection (C)(3) hereof. extent that it is dangerous, hazardous, or a P (9) Creamery and milk distribution stations. nuisance to the reasonable enjoyment or use adjacent properties. of P (10) Dying and cleaning shops. (22) Any similar use which, in the opinion of (11) Farm equipment sales, service and storage, the zoning administrator, or upon appeal of subject to outside storage and display pro- his decision, of the board of adjustment, visions set forth in subsection (C)(3) hereof. would be compatible in character and im- ~D (12) Government or quasi-governmental build- pact with other uses in the district, would r ings and offices, fire stations, or public be consistent with the intent of this dis- utility buildings, where outside storage or trict, and which would not be objectionable repair facilities are planned subject to out- to nearby property by reason of odor, dust, side storage provisions set forth in subsec- fumes, gas, noise, radiation, heat, glare, vi- tion (C)(3) hereof. bration, traffic generation, parking needs, g~ outdoor storage or use, or is not hazardous (13) Homes for the aged, nursing homes and con- to the health and safety of surrounding gregate care homes. areas through danger of fire or explosion. 1P (14) Ice plants and delivery stations. (C) Permitted Accessory Uses and Accessory (15) Manufacturing and/or light industrial op- Buildings: erations, where operation of any one (1) ma- h (1) Electric transmission or other public utility s orsepower, chine doesnot exceed five (5) lines and poles, irrigation channels, storm excluding any industrial operation listed in drainage facilities, and water supply facil- any other section of this chapter, subject to and other similar facilities. ities outside storage provisions set forth in sub- , section (C)(3) hereof. (2) Residential uses in commercial zones shall 5 (16) Mobile or modular homes or building sales. be allowed under the following conditions: (17) Shops for custom work or for making arti- (a) Residential use shall be located only ^ cles, materials or commodities to be sold at on a floor other than the ground floor, d fl t/ retail on the premises, and where no single oor, re- or if located on the groun machine exceeds five (5) horsepower; and stricted to the rear half of the building. provided, that no excessive noise, vibra- (b) Residential dwelling density shall not tion, dust, emission of heat, glare, radia- exceed one (1) dwelling unit for each tion, smoke or fumes are produced to the five thousand (5,000) square feet of lot extent that it is dangerous, hazardous or a area. nuisance to the reasonable enjoyment or use (c) Residential dwelling units shall be no of adjacent properties, subject to outside less than five hundred (500) square feet storage provisions set forth in subsection each. (C)(3) hereof. (d) Parking shall be supplied at the rate of 5 (18) Th t (i l di d i i ) space per three hundred (300) one (1) ea res nc u ng r ve- ns . g square feet of floor area. (19) Mini-warehouses for inside storage. (e) Where it is intended to convert an ex- (20) Wh lesale businesses isting residential structure, either par- . o tially or wholly, to a commercial use, P (21) Woodworking or carpentry shops for the making of articles for sale upon the prem- then commercial development stan- dards shall be applied for parking, land- ises, such as cabinets or custom furniture; scaping and residential buffering. Any Supp. No. 15 1734 ZONING AND DEVELOPMENT changes to building floor area shall fully comply with all commercial de- velopment standards. (f) No new residences as a primary or prin- cipal use shall be allowed. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5)" Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. § 26-23 (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc. cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (6) Parking of more than three (3) commercial truck-tractors and/or semitrailers on any parcel or lot, where such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illus- trates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking rel- ative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi- trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of such truck- tractors and/or semitrailers. Parking lot de- sign shall meet the standards for truck- tractors and semitrailers as specified in section 26-31, Off-Street Parking Require- ments. (9) Temporary outside storage utilizing semi- trailers, other trailers, shipping containers or other nonstructural enclosures for which a building permit is not required shall only be allowed as a temporary use approved pur- suant to section 26-6(D)). Any temporary use permits granted by the board of adjust- ment for such outside storage methods shall require a six-foot-high view-obscuring screen or fence around the trailers or con- tainers so as to minimize visual impacts to surrounding properties and streets. Any ex- Supp. No. 15 1735 $ 2623 WHEATRIDGE -CITYCODE isting outside storage trailers or containers apply to any noncommercial use of such shall be removed or otherwise come into truck-tractors and/or semitrailers. _ conformance with these provisions by July Parking lot design shall meet the stan- 1, 1996. dards for truck-tractors and semi- _ trailers as specified in section 26-31, +y `xn a l3L.tAPFn I Off-street Parking Requirements. piml In addition, the applicant shall submit a report which addresses the following: S (1) Electric transmission substation. 1. Traffic impact to adjacent and sur- (E) Special Uses: The following uses shall be rounding street systems; permitted only upon approval of the Wheat Ridge 2. Noise generated on the subject site Planning Commission and city council, following and proposed methods of miti- procedures as set forth in section 26-6(B): gating its off-site effects; (1) Itinerant sales of any item permitted in this 3. Air pollution caused by the new district upon a parcel which is vacant or development and the relationship occupied by a permanent principal per- with ambient air pollution in the di P d ititted use; provided, however, that such surroun ng area. ropose methods of controlling or reducing itinerant sales do not occupy required air pollution that are part of the parking space or fire lanes, do not occupy development concept shall be de- the sight distance triangle required at the scribed; and intersection of two (2) streets if on a corner 4. Compatibility with adjacent land property, are setback at least ten (10) feet and proposed methods as- uses from all property lines and do not exceed , suring compatibility, such h as thirty (30) days' occupancy of the same prop- screening, landscaping, setback of erty. In addition, only one (1) itinerant mer- orientation. chant may occupy a premises at any time. A temporary use permit shall not be issued (b) When used in subsection (2)(a) above, by the board of adjustment. the following words shall have the fol- (2) (a) Parking of more than three (3) commer- lowing meanings: cial truck-tractors and/or semitrailers 1. "Truck tractor" means any motor on any parcel or lot, where such vehi- vehicle which is generally and com- cles are not related to the transporta- monly designed and used to draw S tion needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial. use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and drive isles and direction of traffic that some part of its own weight flow, and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck-tractor on and adjacent to the site, to adjacent and which is generally and com- streets, and which shows point of in- monly used to carry and transport gress/egress to the site. The intent of property over the public highways. this provision is to limit those areas in 3. Any of said vehicles shall be con- which truck-tractors and/or semi- sidered commercial when utilized trailers used in commercial ventures with or as a part of a commercial may be parked and is not intended to venture. Supp. No. 15 1736 ZONING AND DEVELOPMENT § 26-23 (c) Any property upon which a special use pling Street, Ward Road north of West permit is granted pursuant to subpart 44th Avenue, and Younglield Street (E)(2) hereof shall be conspicuously shall be setback a minimum of fifty (50) posted to indicate the authorization for feet. the parking of commercial truck- (6) Side yard setback. Based upon the specific tractors and/or semitrailers thereon. It adjacent land use and adjacent public site shall be a violation of this Code of Laws , one (1) or more of the following re- streets for any commercial truck-tractor and/or , quirements shall apply: semitrailer to be parked or stored upon property not so posted. Any commer- (a) Five (5) feet per story minimum, ex- cial truck-tractor and/or semitrailer cept a zero setback may be permitted parked in violation of the provisions where structures are constructed of ma- hereof shall be subject to the provi- sonry or nonflammable material and sions of section 13.2 of this Code of in accordance with the Uniform Laws. Building Code. (3) Any other use not specifically listed in this (b) In all cases, thirty (30) feet where ad- district may be permitted as a special use jacent to a dedicated public street. where the planning commission and city (c) In addition to building setback as re- council find, in addition to the standard re- quired by subsection (a) above, where a view criteria for all special uses as set forth side yard abuts property zoned residen- in section 26-6(B), that a specific site is tial, or where zoned Agricultural and uniquely appropriate for the use proposed. there is a residential structure within s ((4~ Pawn shops. c - fifteen (15) feet of the commercial prop- a five-foot-per-story landscaped erty MIZIES P (K) rho-rttXAA1E5 4- -AEAA , (F) Development and Use Regulations: buffer, plus a six-foot-high solid deco- rative wall or fence, shall be required (1) Maximum height. Fifty (50) feet. between the building and the property (2) Minimum lot area. No limitation, provided line. that all other requirements can be met. (7) Rear yard setback. Based upon specific site, (3) Maximum lot coverage. Ninety (90) percent, adjacent land use and adjacent public with a minimum of ten (10) percent of the streets, one (1) or more of the following shall lot being landscaped. apply: (4) Minimum lot width. No limitations, pro- (a) Ten (10) feet for a one-story building vided that all other requirements can be and an additional five (5) feet per each met. additional story thereafter. (b) In all cases, any rear yard which abuts (5) Front yard setback. Fifty (50) feet minimum, a public street shall have a minimum except as follows: setback of fifteen (15) feet for all struc- (a) Thirty (30) feet for structures on lots or tures. portions of lots which abut a cul-de-sac (c) In all cases, any rear yard which abuts bulb. a public alley shall have a minimum (b) Thirty (30) feet where the height of the setback for all structures of five (5) feet building does not exceed thirty-five (35) from the edge of the alley. feet, and where the front setback area (d) In addition to building setback as re- is completely landscaped, exclusive of quired by subsection (a) above, where a ingress/egress drives on either side of a rear yard abuts property zoned residen- structure. tiaL, or where zoned Agricultural and (c) Structures on lots which abut Sheridan there is a residential structure within Boulevard, Wadsworth Boulevard, Ki- fifteen (15) feet of the commercial prop- Supp. No. 15 - 1737 § 26-23 WHEAT RIDGE CITY CODE erty, a five-foot-per-story landscaped buffer, plus a six-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26.32. (10) Fencing requirements. See section 26.30M. (11) Sign requirements. See Wheat Ridge Code of Laws, Chapter 26, Article IV. (Ord. No. 1989-801, § 4, 7-24-89; Ord. No. 1990- 827, § 1, 4-9-90; Ord. No. 1993-945, § 2, 12-13-93; Ord. No. 1994-978, § 2, 10-10-94; Ord. No. 1994- 981, § 1, 11-14-94; Ord. No. 1995-993, § 2, 3-27-95) Sec. 26.24. Light Industrial District (I). (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2 One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored (b) (c) within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use Supp. No. 15 1738 ZONING AND DEVELOPMENT § 26-24 Sec. 26-24. Light Industrial District M. (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- Supp. No. 14 1737 § 26-24 WHEAT RIDGE CODE after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) t (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front ofbuild- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. moo. 5 (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26.6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- N mitted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- Supp. No. 14 1738 ZONING AND DEVELOPMENT § 26-24 erty. In addition, only one (1) itinerant mer- (b) When used in this section, the following chant may occupy a premises at any time. words shall have the following mean- (2) (a) Parking of more than three (3) commer- ings: cial truck-tractors and/or semitrailers 1. "Truck-tractor" means any motor on any parcel or lot, where such vehi- vehicle which is generally and com- cles are not related to the transporta- monly designed and used to draw S tion needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and drive isles, and direction of traffic that some part of its own weight flow, and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck-tractor on and adjacent to the site, to adjacent and which is generally and com- and which shows point of in- streets monly used to carry and transport , gress/egress to the site. The intent of property over the public highways. this provision is to limit those areas in 3. Any of said vehicles shall be con- sidered commercial when utilized which truck-tractors and/or semi- with or as a part of a commercial trailers used in commercial ventures may be parked and is not intended to venture. apply to any noncommercial use of such (c) Any property upon which a special use truck-tractors and/or semitrailers. permit is granted pursuant to subset Parking lot design shall meet the stan- tion (2)(a) above shall be conspicuously dards for truck-tractors and semi- posted to indicate the authorization for trailers as specified in section 26-31, the parking of commercial truck- Off-Street Parking Requirements. ' tractors and/or semitrailers thereon. It shall be a violation of this Code of Laws In addition, the applicant shall submit for any commercial truck-tractor and/or a report which addresses the follow-ing: semitrailer to be parked or stored upon property not so posted. Any commer- 1. Traffic impact to adjacent and sur- cial truck-tractor and/or semitrailer rounding street systems; in violation of the provisions parked 2. Noise generated on the subject site hereof shall be subject to the and proposed methods of miti- oC section 13-2 of the Code e of o gating its off-site effects; Laws Laws. 3. Air pollution caused by the new development and the relationship (3) Commercial wholesale greenhouses. with ambient air pollution in the surrounding area. Proposed d i lli h d f C (4) Manufacturing, processing, warehousing or uc ng contro ng or re met o s o a combination thereof of the following air pollution that are part of the development concept shall be de- (a) Instruments of professional, scientific, scribed; and photographic, optical and other sim- 4. Compatibility with adjacent land ilar uses. uses and proposed methods of as- (b) Electrical machinery, equipment and suring compatibility, such as supplies. - screening, landscaping, setback of (c) Fountain and beverage dispensing orientation. equipment. Supp. No.5 1739 § 26-24 WHEAT RIDGE CITY CODE (d) Plywood, furniture and similar wood products. (e) Small items, such as toys, clocks, jew- elry, fountain pens, pencils and plastic products. (1) Transportation equipment. (g) Candy. (h) Foods (processing and/or canning). (i) Glass and glass products. 0) Other similar uses. s (5) Printing, engraving and other related re- production processes. 5 (6) Custom fabrication. 5 (17) Carpet cleaning and fumigating. 5 (18) Cereal mills. 5 (19) Cheese factory. .S (20) Contractor's plant or storage yard. (21) Electrical motors and armature re-grinding shops. 5 (22) Film developing plants. 5 (23) Ice plants. 5 (24) Stone cutting or polishing works. S (25) Warehousing an outsi storage in accor- dance with subsection )(2) hereof. (7) Research laboratories, offices and other fa- cilities for research, both basic and applied, 5 (26) conducted by or for any individual, organi- zation or concern, whether public or pri- vate. (8) Retail sales of any commodity that is man- s ufactured, processed or fabricated only on the premises; and equipment, supplies and materials designed especially for use in ag- 5 (27) riculture, mining, industry; business, trans. portation, building and other construction. (9) Repair, rental and servicing of any com- modity that the manufacture, fabrication, processing or sale of which is permitted in the district. 5 (10) Schools for industrial or business training. 5 (11) Railroad facilities exclusive of yard, main- tenance and fueling facilities. Lot lines abutting railroad rights-of-way shall have constructed upon them a fence of minimum height of six (6) feet. (12) Operations required to maintain or support A any use permitted on the same tract or lot as a permitted use, such as maintenance shops, power plants, machine shops, and the keeping of security animals. S (13) Terminals for public transit vehicles. 5 (14) Broom factory. P (15) Cabinet and woodworking shops. S (16) Carting, express, hauling or storage yard. Supp. No. 5 S (28) 5 (29) Manufacture of vaccines, serums and toxins; provided. that an antidote exists and is readily available for such vaccine, serums or toxins: provided, further, that approval of such manufacture is received from the state department of health and the county health department. Outside storage of vehicles or parking of garbage trucks, when entirely enclosed within an opaque fence. Auto salvage busi- nesses or junk yards are not allowed within this subsection. Kennels. Manufacturing, fabrication and/or pro- cessing of concrete products. 5 (30) Other similar uses approved by city council. (F) Uses Prohibited. Due to the limited area available for the following uses and the proximity to residential uses, the following uses are specif- ically prohibited. In no instance shall any use listed below be interpreted as a similar use to a permitted use: (1) Wholesale or retail sale or storage of the following: (a) Live animals, except for kennels. (b) Explosives. (c) Junk. (d) Gasoline bulk storage exceeding two thousand (2,000) gallons, including storage for uses incidental or accessory to any use permitted in this district. 1740 ZONING AND DEVELOPMENT § 26-24 (e) Explosive or highly corrosive chemi- (6) Rubber manufacturing, processing or rec- cals, such as metallic magnesium, me- lamation. tailic sodium, metallic potassium or el- (7) Sawmill or planing mill. emental phosphorus. (8) Tanning. (2) Basic manufacture of any of the following: (9) Wood preserving by creosoting or other pres- (a) Abrasives. sure impregnation of wood by preservatives. (b) Alcoholic beverages distillation. (c) Animal products. (10) Other similar uses. (d) Bone black. (G) Performance Standards: The following stan- (e) Fermented malt beverages. dards and conditions shall apply to the develop- (0 Carbon black and lamp black. operation and maintenance of any spe- ment, use (g) Charcoal. , cial use hereinafter approved, as well as to any (h) Cinder or other blocks. similar industrial use created prior to adoption of (i) Clay or clay products. this section. All environmental performance Stan- (j) Detergents. soaps and by-products dards set forth are subject to the criteria estab- using animal fat. lished in current federal, state or location regula- (k) Fermented fruit and vegetable prod- tions, whichever criteria is most restrictive: ucts. (1) Gases, other than those used in actor- (1) Building enclosures. Every use shall be op- dance with subsection (G)(8)(c). erated in its entirety within a completely (m) Concrete or cement. enclosed building unless otherwise specifi- (n) Glue and size. tally approved. (o) Gypsum and other forms of plaster (2) Outdoor storage and waste disposal: base. (p) Matches. (a) All outdoor storage or warehousing fa- (q) Metal ingots, pigs, sand castings, sheets cilities shall be enclosed by a view- or bars. obscuring fence, wall and/or land- (r) Oils and fats, animal and vegetable. scaping which fully conceals such (s) Paper pulp and cellulose. facilities from adjacent properties, (t) Portland and similar cements. public streets and pedestrian ways. Dis- (u) Turpentine. play of finished products for retail sale (v) Wax and wax products. on the premises may be allowed, as (w) Other similar uses. such would be allowed and regulated in the C-1 and C-2 districts. (3) Ma nufacturing, fabrication and/or pro- (b) No materials or wastes shall be depos- cessing of any of the following: ited upon a lot in such a form or manner (a) Chemicals, heavy or industrial. that they may be moved from the lot (b) Coal or coke. by natural causes or forces. (c) Insulation, flammable type. (c) All materials or wastes which may (d) Paraffins, petroleum or petroleum prod- cause fumes or dust, constitute, a fire ucts. hazard, or may be edible or otherwise (e) Paints, pigments, enamels, japans, lac- attractive to rodents and/or insects quers, putties, varnishes, whiting, and shall be stored only in closed con- wood fillers. tainers. corrosive, inflammable or ex- (d) All toxic (f) Other similar uses. , plosive liquids, gases or solids shall be (4) Meat slaughtering or rendering. stored in compliance with the currently adopted fire prevention code, Environ- (5) Me tals, extraction or smelting. mental Protection Agency standards, Supp. No. 5 1741 § 26-24 WHEAT RIDGE CITY CODE or similar standards or requirements adopted by an agency of the State of Colorado. (3) Noise. Noise shall be measured on any prop- erty line of the tract on which the operation is located and shall be muffled so as not to become objectionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in com- pliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, § 25-12- 101, as amended. (4) Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrications of books, textile weaves, electronic equipment or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresh- olds) Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor per- mitted. Detailed plans for the prevention of odors crossing property lines may be re- quired before the issuance of a building permit. Colorado Department of Health, Air Quality Control Commission's currently adopted "Odor Emission Regulation" shall be complied with when found to be more restrictive than the values of the "Air Pol- lution Abatement Manual." away from adjoining properties and be sub- ject to the provisions of section 26-30. (7) Vibration. Vibration shall not be discern- ible at any property line to the human sense of feeling for three (3) minutes or more du- ration in any one (1) hour. Vibration at any time shall not produce an acceleration for more than 0.1 gravities or shall result in any combination of amplitudes and frequen- cies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equa- tions of said Bulletin No. 442 shall be used to compute all values for the enforcements of this provision. (8) Emission control of smoke, dust and gases: (a) Smoke: Smoke emissions and capacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Department of Health, Air Quality Control Commission's "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (b) Dust and Other Particulates: Fugitive dust and other particulate matter from fuel-burning equipment, refuse-burning facilities, and manufacturing shall be controlled in accordance with the Col- orado Department of Health, Air Quality Control Commission's cur- rently adopted "Emission Control Reg- ulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado." (c) Gases: Detailed plans for the elimina- tion of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above-stated "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (5) Glare and heat. Any operation producing intense glare and/or heat, e.g. welding con- ducted as a regular _function.of an opera- tion, shall be performed within an enclo- sure in such a manner as to be imperceptible along any lot line of such operation without instruments. (6) Exterior lighting. Any lights used for exte- rior illumination shall be directed light Supp. No.5 (9) Hazard. Any research operation shall be carried on with reasonable precautions against fire and explosion hazards. 1742 ZONING AND DEVELOPMENT § 26-24 (10) Radiation control. Radiation and the utili- (b) Conditional and Special Uses: The min- zation of radioactive materials shall be reg- imum width of side yard shall be ulated so as to conform with Colorado De- twenty-five (25) feet except as follows: partment of Health's currently adopted "Rules and Regulations Pertaining to Ra- 1. Thirty (30) feet where adjacent to diation Control." a dedicated public street. 2. Seventy-five (75) feet where a side (11) Electrical radiation. Any electrical radia- yard abuts property zoned Residen- tion shall not adversely affect at any point tial, or where zoned Agricultural any operations or any equipment other than and there is a residential struc- those of the creator of the radiation. Avoid- ture within twenty-five (25) feet of ance of adverse effects from electrical radi- the industrial property. There shall ation by appropriate single or mutual sched- be a six-foot-high solid decorative uling of operations is permitted. wall or fence and ten (10) feet of landscaping adjacent to the prop- (H) Develooment and Use Regulations. erty line. 3. Where a side yard abuts a railroad (1) :Maximum height. Fifty (50) feet. right-of-way, no side yard setback shall be required. (2) Minimum lot area. No limitation, provided that all other requirements can be met. (7) Rear yard setback: (a) Principal Permitted and Accessory (3) ;Maximum Lot coverage. Ninety (90) percent. Uses: Ten (10) feet for a one-story (See section 26-5 for definition.) building and an additional five (5) feet per each additional story thereafter, ex- (4) :Minimum lot width. No limitations, pro- cept as follows: vided that all other requirements can be met. 1. Any rear yard which abuts a public street shall have a minimum set- (5) Front yard setback. Fifty (50) feet minimum. back of fifteen (15) feet for all struc- tures. (6) Side yard setback: 2. Any rear yard which abuts a public (a) Principal Permitted and Accessory alley shall have a minimum set- Uses: Five (5) feet per story minimum, back for all structures of five (5) except as follows: feet from the edge of the alley. 3. Where a rear yard abuts property 1. Zero setback where structures are zoned Residential, or where zoned constructed of masonry or nonflam- Agricultural and there is a resi- mable material and in accordance dential structure within fifteen (15) with the Uniform Building Code. feet of the commercial property, a 2. Thirty (30) feet where adjacent to five-Coot-per-story landscaped a dedicated public street. buffer and a six-foot-high solid dec- 3. Where a side yard abuts property orative wall or fence shall be re- zoned residential, or where zoned quired adjacent to the property Agricultural and there is a resi- line. dential structure within fifteen (15) feet of the commercial property a (b) Conditional and Special Uses: The min- , five-foot-per-story landscape buffer imum depth of a rear yard shall be and a six-Coot-high solid decora- twenty (20) feet except as follows: tive wall or fence shall be required 1. Thirty (30) feet where adjacent to adjacent to the property line. a dedicated public street. Supp. No.S 1743 § 26-24 WHEAT RIDGE =CODE 2. Seventy-five (75) feet where a side yard abuts property zoned Residen- tial, or where zoned Agricultural and there is a residential struc- ture within twenty-five (25) feet of the industrial property. There shall be a six-foot-high.solid decorative _ wall or fence and ten (10) feet of landscaping adjacent to the prop- erty line. 3. Where a rear yard abuts a rail- road right-of-way, no rear yard set- back shall be required. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26.32. (10) Fencing requirements. See section 26-30(D. (11) Sign requirements. See the Code of Laws, Chapter 26, Article IV. (Ord. No. 1989-801, § 6, 7-24-89; Ord. No. 1990- 827, § 1, 4-9-90) Supp. No. 5 1744 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER T)o lh~r Council Bill No. 46 Ordinance No. 1052 Series of 1996 TITLE: AN ORDINANCE REQUIRING SPECIAL USE PERMITS FOR MORTUARIES WHEREAS, the Citv Council wishes to require that new development of mortuaries in the C-1, C-2 and I Districts first receive a special use permit pursuant to Section 26-6(B) of the Code of Laws. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 26-22(B)(20) of the Wheat Ridge Code of Laws is herebv deleted. Section 2. Subsection 26-22(E) of the Wheat Ridge Code of Laws is amended by renumbering existing subparagraph 26-22(E) (8) as 26-22(E)(9) and inserting a new subparagraph 26-22(E)(8), to read: (8) Mortuaries. Section 3. Subsection 26-23(E) of the Wheat Ridge Code of Laws is amended by inserting a new subparagraph 26-23(E)(5), to read: (5) MorLuari=_s. Section 4. Subsection 26-24(E) of the Wheat Ridge Code of Laws is amended by renumbering existing subparagraph 26-24(E)(30) as 26-24(E)(31) and inserting a new subparagraph 26-24(E)(30), to read: (30) Mortuaries. Section 5. Existing Facilities. Mortuaries in existence on the effective date of this Ordinance shall not be affect=_d thereby and shall not be required co obtain a special use permit under Section 26-6(B) of the Code of Laws. Section 6. 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, chat it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and saf=ety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a G ED,5 XMP 164308.1 rational relation to the proper legislative object sought to be attained. Section 7. Severability. If any clause, sentence, paragraoh, or part of this Ordinance or Apolication thereof to any person or circumstances shall for any reason be judged 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 8. Effective Date. This Ordinance shall take effect immediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 23rd day of September 1996, ordered- oublished in full i n a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 14 1996, at 7:00 o'clock o.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 8 to 0 , this 14th day of October 1996. SIGNED by the Mayor on this 15th day of October , 1996. S 4' DAN WILDE. ~,LAYOR ATTEST: i WANDA SANG, CITt 61Z-L7~,K APPROVED AS TO FOP?.! BY CITY ATT PR, `5Y) E. DAHL, 1st Publication: October 4, 1996 2nd Publication: October 18, 1996 Wheat Ridge Transcript Effective Date: October 19, 1996 2- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. 47 Ordinance No. 1053 Series of 199'0 TITLE: AN ORDINANCE REQUIRING SPECIAL USE PERMITS FOR CREMATORIES WHEREAS, the City Council wishes to require that new d=_velooment of crematories in the C-1, C-2 and I Districts first receive a special use permit pursuant to Section 26-06(B) of the Code of Laws. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 26-22(E) of the Wheat Ridge Code o' Laws is amended by amending subparagraph 26-22(3)(8) to read: (8) Mortuaries AND CREMATORIES. Section 2. Subsection 26-23(E) of the Wheat Ridge Code of Laws is amended by amending subparagraph 26-23(E)(5) to read: (5) Mortuaries AND CREMATORIES. Section 3. Subsection 26-24(E) of the Wheat Ridge Code of Laws is amended by amending subparagraph 26-24(3)(30) to read: (30) Mortuaries AND CREMATORIES. Section 4. Existing Facilities. Crematories in exiscenc=_ on the effective date of this Ordinance shall nor be affected thereby and shall not b required to obtain a special use permit under Section 26-6(3) of the Code of Laws. Section 5 Safety Clause. The City Council hereby finds, d=etermines, and declares that this Ordinance is promulgated and=_r 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 l=egislative object sought to be attained. Section 6. Severability. If any clause, sentence, oaragraph, or part of this Ordinance or Application therecf to any person or circumstances shall for any reason be judged by a court of GED`.530'7\ 165513.1 competent jurisdiction invalid, such judgment shall .-..t affect, impai or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This Ordinance shall take effect i.rmediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote o 7 to 0 on this 23rd - day or Seotember 1995, ordered published 11 full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 14 1996, at 7:00 o'clock in the Council Chambers, 7500 west 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and fi.^.al reading by a vote of 8 to 0 , this 14th day of October 199'0. SIGNED by the Mayor on this ATTEST: 15th day of October 19 96. DAN WILDE, MAYOR WANDA SANG, CITY GAR{ 1st Publication: October 4, 1996 2nd Publication: October 18, 1996 Wheat Ridge Transcript Effective Date: October L9, 1996 APPROVED AS TO cOZ`. By CITY ATTO V?~ ~ , 1 ! 1 1 GERALD E. DA:-iL, C i RNEY GED'S 5V".71165513.1 -2- Planning Commission Minutes Page 2 March 20, 1997 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.) There was no one present to speak. PUBLIC HEARING 1. Case No. ZOA-97-01: An application by the City of Wheat Ridge to consider ~j proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado, (Continued from March 6, 1997). Director GIDLEY reviewed this proposal in detail and presented exhibits. This case had been originally presented to the Commission in January, 1997 and again on March 6, 1997. At that time in-depth discussion took place and the Commission directed Staff to conduct a certified mailing to all property/business owners which may be affected by this proposal in all Light Industrial districts within the City of Wheat Ridge. The mailing was completed and several concerned business/property owners were in the audience to hear this case. Director GIDLEY advised the Commission and audience that this proposal was born from concerned residents of the northwest area of the City. They felt "I" zoning for a specific use that was allowed by right or a permitted use, was being allowed in the subject areas without their input or knowledge. A protest was presented by these residents to members of City Council. An appeal was made of the Administrative decision on the part of Planning Staff to interpret the particular use allowed in this zone district. The appeal was presented to the Board of Adjustment and the Board upheld the Administrative decision on the interpretation. At this point the City Council approved the initiation of an amendment to the Zoning Ordinance which would eliminate the "I" district zone regulations from the Code of Laws. (A detailed memorandum was included in the meeting packet that more fully explained the various issues at hand.) Director GIDLEY further explained that rezonings of any kind are subject to the legal protest provisions of the Wheat Ridge Charter which provides for a super majority vote should the owners of properties file a legal protest. In addition, no outline development plan would be approved for the majority of the current "I" districts. These plans are an important step as it relates to planned development zoning because it provides the basic structure for the zone district. Each property can be its own zone district which is problematic. Director GIDLELY reviewed the history of how the light industrial districts came into being. He reviewed the memorandum included in the Commission packet which outlined the various categories, "Permitted", "Conditional", and "Special" uses, that fall into the "I" zone district in detail. He stated that it was important to understand these options because the zoning moves from an absolute "right" to a "discretionary" process. A letter from the pet cremation services business located in Wheat Ridge was distributed to the Commission which expressed their concern over the proposal and stated their objections should they be down zoned. Director GIDLELY stated that he had conversation on today's date with Mr. Bob Harmson who is the Planning Commission Minutes Page 3 March 20, 1997 controller for his family of a substantial amount of industrial zoned land. Mr. Harmson indicated significant concern regarding any change that would place their property into a special use permit category that would subject him to any type of amortization schedule. Chairperson WILLIAMS swore in the following speakers regarding this case: Sherri Jerrod, 10852 W. 44th Avenue, Wheat Ridge. Ms. Jerrod is representative of her family who has owned their property for 47 years and is currently the Truck Driving School. She stated their objection to the proposal and commented that their attorney referred to the action as "uncompensated taking". Jim Oglesby, 5040 Ward Road, Wheat Ridge. Mr. Oglesby stated he has owned his property since 1954 and that a change in zoning would cause significant undue hardship on his family. He stated that he has had various uses within his buildings and asked how it would affect him. Director GIDLEY clarified his concerns at which point Mr. Oglesby stated his objection. Burton Levy, 8933 E. Union Avenue, Suite 216, Englewood. He stated he represented the ownership group and is one of the owners of the Wheat Ridge Industrial Park at 7993 to 65 West 48th Avenue and is located across from the Truck Driving School. He voiced his objection for the group. Mike Ursetta, Arvada Excavating Company, located on the east side of the Truck Driving School. He stated that his company purchased this land mainly because of the assurances received from the City of Wheat Ridge. He has had other parcels which have been condemned by the respective cities in which they were located. The City of Wheat Ridge stated that this parcel would be okay because of the property being located in the flood plain and was an unusable parcel of land for other than industrial uses. He stated that they went to a great expense purchasing the land, cleaning up the contamination, environmental studies, and a great deal of time was spent improving this parcel. He voiced his concern and opposition to the proposal due to the hardship it would place on his company. Bill Sanders, 2960 Braun Court, Golden. Mr. Sanders is representative for his mother who has owned her parcel of land since 1968. The sole purpose of the purchase was for its industrial usage. He asked how this could have occurred and Director GIDLEY explained the proposed change orientation. He expressed his opposition and advised the Commission of the various users they currently have as tenants. He also expressed his concern regarding the time that would be involved when considering renting to a new tenant. He questioned his loss of revenue and personal rights. Joe DaVilla, 5055 Tabor, Wheat Ridge. Mr. DaVilla owns DaVilla Truck Lines and is totally opposed to the proposal. He was concerned how this would affect his business. He opposes the proposal. Jackie Oglesby, wife of Jim Oglesby, 5040 Ward Road. She stated her biggest concern was for her husband who in 1954 built his building and plans on this investment for his retirement income. He relied on the zoning to remain the same. She stated that 40 years later, her husband is in his 70's and preparing to retire and manage his property until he can't. At that time he will need to sell the property. If this proposal is Planning Commission Minutes Page 4 March 20, 1997 passed, he will not be able to sell and get the money out of it he is due. She thinks it is totally wrong and is concerned about all of the small business owners. Director GIDLEY advised the audience prior to leaving that the next step would be held at the next Planning Commission meeting of April 3, 1997, where this proposal would again be discussed. The decision of what direction to take regarding this issue will be made at that time. He stated that the final decision would be made by the City Council which receive what the Planning Commission recommends. The public hearing will be held at the second reading of the ordinance. He stated that they would continue to be informed of the dates of the public hearings so that they would be aware of what was happening. They will receive additional mailings. He stressed that this meeting was not the final step and that the City Council public hearing on the ordinance itself could be. The date of this meeting is not scheduled at this time because it depends on when the Commission finishes its work and when City Council has it scheduled on their agenda. He suggested that it may occur in late spring or early summer. Mr. Sanders asked for information regarding a legal protest. Director GIDLEY stated that a legal protest is made by the owners of the property within the proposed rezoning area or within 200 feet of the rezoning area. He said that a protest would encompass a percentage of all properties within the rezone area. Director GIDLEY stated that at least 20% of all the ownerships of "I" zoned property in the City would have to file a protest to force a super majority vote of City Council. The Commissioners held discussion regarding parking and landscaping requirements, grandfathering, whether or not current uses would be unacceptable if the area is rezoned, affects of the five-year requirement, and time tables in securing a use permit. Director GIDLEY advised the Commission on all issues questioned. Commissioner LANGDON stated that this issue was of concern to him and questioned why the City of Wheat Ridge was placing additional control on the commercial and industrial properties. He stated that he felt obligated to say something about the issue even though his opinion was his personal view. He went on to say that the City has a basic right to protect the surrounding land owners. He stated that for the City to take a right away from people that have either inherited or purchased the right on their property just to get control of commercial properties within the City, is wrong and believes it to be unconstitutional. He said that he did not believe government had the right to take a person's inalienable right to pursue happiness and that this proposal was what it came down to. He elaborated additionally on sale and use of the areas in question. Commissioner THOMPSON requested the audience to notify their neighbors to ensure that all affected persons are notified of the proposal. She stated she would rather see the Director spending the time trying to come up with a proposal that will protect them. She asked that anyone who may not be on the mailing list call the Planning Department and provide needed information. Chairperson WILLIAMS assured the audience that time would be taken to consider all of the evidence presented and if changes are made to the zoning, that they are made correctly. Planning Commission Minutes Page 5 March 20, 1997 8. CLOSE THE PUBLIC HEARING The public hearing was closed, however, general discussion continued regarding the rezoning issues. Items discussed included grandfathering, heirs, special use for estates, investments, possible City Charter changes, elimination of SUP or change CUP, streamlining current special uses, conformance to current standards, landscaping, and parking. It was suggested by Commissioner LANGSTON to perform a study and redefine the special use process and further stated that this was a considerably large decision and wanted appropriate time to be devoted before making a final recommendation to City Council. Director GIDLEY stated that he would prepare specific language that would be appropriate in making changes to special use permit procedures which would solve some of the problems that are occurring. It was decided by consensus to postpone the decision and for Director GIDLEY to prepare proposed language including lists of uses for conditional use permits until the next regularly scheduled Planning Commission meeting of April 3, 1997. 9. OLD BUSINESS Director GIDLEY advised the Commission that the Recreation Center Site Meeting went well and was very well attended. City Council directed City Administrative Staff to move forward on the acquisition of the Weller Property for the new center. General discussion took place as to the development and promotion of surrounding areas of the recreation center site, construction of a bridge over Lena Gulch, etc.. 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT Meeting was adjourned at 9:55 p.m. by consensus. Marilyn Gunn, Recording Secretary The next Planning Commission Meeting will be held 4/3/97. AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION March 20, 1997 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on March 20, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - March 6, 1997 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) PUBLIC HEARING A. Case No. ZOA-97-01: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado. (Continued from March 6, 1997). 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT 02~4 6pe-4.o" O&M .7oA- 97- o/ MEMORANDUM of WHEAT To: Planning Commission From: Glen Gidley, Planning & Development Director Re: Case ZOA-97-O1: Industrial Zone District Amendments and co~oRPOo Related Discussion Regarding Special, Conditional and Permitted Uses Date: March 12, 1997 At your March 6th meeting, you continued Case ZOA-97-01 to the March 20th agenda for general discussion in a Study Session format with the Public Hearing being continued to April 3rd. The purpose of your continuance was as follows: To allow direct notification by certified letter to the owners of Light Industrial (I) zoned properties of the proposed amendments and the March 20th Study Session regarding such amendments. Notification has been completed as per the attached correspondence. 2. To consider, in greater detail, the implications of those proposed amendments in light of alternative and coincidental revisions that may be needed regarding the broad categories of uses, i.e., Special Uses, Conditional Uses, and Permitted Uses. The broader issues involving "Special Uses", "Conditional Uses", "Permitted Uses", and related procedures for each is a complex, interrelated set of issues which need broader examination and understanding. Pursuant to the Zoning Code, Section 26-6: "PERMITTED USES" are uses which are allowed by right provided that all of the "development and use regulations" of the particular zone district are met. These are Staff "ministerial" approved uses. The same applies to "Permitted Accessory Uses". 2. "CONDITIONAL USES" are permitted uses which are subject to site plan review at a Public Hearing by the Planning Commission to ensure that they are properly designed, developed, operated and maintained so as to be appropriate for the specific location proposed considering surrounding uses, streets, public services, etc., (Section 26-6 (A)). The Planning Commission may impose conditions upon the site plan and use to assure these things. Appeal is to City Council. Approval is by a simple motion. City Council has recently directed the City Attorney to draft an amendment to Conditional Use Procedures (Section 26-6 (A)) to make them the same as Special Use Procedures. (Copy attached.) "SPECIAL USES" are "discretionary" uses which require Public Hearings before the Planning Commission and City Council and approval by adoption of an Ordinance. This is exactly the same process as a rezoning and is subject to legal protest. At your January Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 2 16th meeting, you reviewed that section of the Zoning Code (Section 2.6-6(B)) which deals with the "procedural" aspects of Special Uses. I have included a copy of the Staff memorandum and attachments from that meeting for your review. The specific proposal in Case ZOA-97-01 is to amend the Light Industrial District Regulations so as to move a set of Permitted uses, "all uses allowed in the Commercial-Two District", to the Special Uses category. If this amendment is approved, then all future Commercial-Two uses in the Light Industrial Zone (I) would be subject to Special Use review and procedural requirements. Additionally, existing Commercial-Two uses currently located in the "I" zone will be considered "Nonconforming Uses" subject to the provisions of Subsection 26-6 (B)(7) which requires elimination or compliance within five (5) years. Based upon discussion by the Planning Commission at prior meetings on this subject, it appears that the Planning Commission has concern regarding two specific components of the Special Use provisions as they would apply not only to the "I" zone, but generally to all zone districts. Those concerns can be summarized as follows: CAPITAL INVESTMENT: Those Special Uses which require significant capital investment in permanent structures and site improvements which are designed so as to accommodate a specific type of use and which cannot easily be converted to a wide range of permitted uses should not be subject to the "personal grant" provisions of the Special Use provision. Instead, those Special Uses should vest with the property. 2. NONCONFORMING: The provisions of Subsection 26-6 (13)(7) requiring Nonconforming Special Uses to either be eliminated or comply within five (5) years is not only inconsistent with recent changes to the general nonconforming use provisions of the Zoning Code (Section 26-7), it also is ill-conceived considering the above stated capital investment concerns. There are many uses which are now, or will be in the future, Nonconforming Special Uses which have substantial capital investment in site improvements and structures which cannot easily be converted to permitted uses. POSSIBLE SOLUTIONS City Council has expressed legitimate concerns that "I" zoned land is being converted to uses which are undesirable because of the potential negative impacts of those uses. Those impacts include large trucks and equipment, outside storage and operations, semi- truck traffic, and unsightliness. They are concerned that residential neighbors do not have an opportunity to review plans and comment upon those plans and if necessary, oppose the proposal. Council's solution was to rezone all "I" zoned property to Planned Industrial Development (PID) and eliminate the "I" district completely, thus, forcing future users to submit to a rezoning and outline plan/final plan type of review. This Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 3 solution may not be effective because of the legal protest rights of individual owners of "I" zoned properties and because there would be no approved plan in place as is required by the Planned Development Regulations. The Planning Commission is considering an alternative solution which tries to address Council's major concerns by placing the most objectionable uses (those allowed by right in the Commercial-Two zone) in the Special Use category. However, the Planning Commission is concerned regarding the previously mentioned Special Use provisions limiting approval to a "personal grant of use" and applying the five-year amortization provision on nonconforming Special Uses. 3. Staff recommends that prior to adopting Case ZOA-97-01, revisions to the Zoning Code be adopted which accomplishes the following: A. Amends Section 26-6 (B) Special Uses to eliminate the "Personal Grant" provision, and the five-year amortization provision. B. Amends Section 26-6 (A) Conditional Uses to read substantially the same as the current Special Use provisions by including the "Personal Grant" provision and approval by Ordinance process. I would recommend against the five-year amortization provision however because of the inconsistency issues. C. Amends all zone districts by realigning the various uses into "Special", "Conditional", or "Permitted" Uses based upon the nature of the use and related site improvements and the degree of desired public input. To illustrate this concept, I offer the following examples: Example 1: In the Commercial-One District, "automotive body and paint shops" are currently listed as a Conditional Use (Section 26-22(D)(1). Because this use requires specialized facilities with substantial capital investment, I would recommend shifting this use to the Special Use category. Thus, the business could transfer ownership without going through a rezoning type hearing, however, the conditions of the original approval would still apply to the new owner. The new owner will know these conditions, as the plan and ordinance would be recorded against the property title. Example 2: Also in the Commercial-One District, "itinerant sales....." is listed as a Special Use (Section 26-22 (E)(5)). First, I'm not convinced that this use should not be reclassified as an "Accessory Use" and permitted on a ministerial basis, but if you and Council want greater control of these uses, then recognize the non-permanent, low investment character of this use, and clarify it as a Conditional Use under the new definition, thus it vests with the owner/operator rather than with the property. Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 4 Example 3: In the Agricultural-One zone district, "greenhouses" currently are listed as Special Use, which currently ties the use approval to the owner/operator versus vesting with the property. Because greenhouses are uniquely designed to accommodate only the indoor growing of plants, the site improvements are not easily or cheaply modified to accommodate other permitted uses in the district. In this case, I would recommend leaving the use as a Special Use under the revised provisions which vests the use with this property rather than the owner/operator. This is not a simple, expeditious exercise as each zone district will need to be fully reviewed and the uses realigned into the appropriate use categories based upon the new category definitions and procedural requirements. This could take several months of Study Sessions with the Planning Commission before Public Hearings on the final proposals. Because of this, it may be advisable to recommend Council adopt a six-month moratorium on issuance of building permits and/or use permits for uses in the Light Industrial Zone District which are most objectionable, such as Commercial-Two uses and above.. Attachments INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE REGARDING LIGHT INDUSTRIAL (I) ZONE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Chapter 26. Article 1. Zoning Code, Section 24. Light Industrial District (I), Zoning Code, Subsection (A)(1) is hereby amended as follows: "(1) Any use permitted in the Commercial-One (C-1) _ District as permitted principal use." Section 2. Wheat Ridge Code of Laws, Chapter 26. Article I. Zoning Code, Section 24. Light Industrial District (I), Subsection (B) Special Uses, is hereby amended by addition of a new item (1) to read as follows, with existing items (1) through (340) to be renumbered (2) through (31): "(1) ANY USE PERMITTED IN THE COMMERCIAL-TWO (C-2) DISTRICT AS A PERMITTED OR SPECIAL USE, EXCEPT C-1 USES ARE PERMITTED PRINCIPAL USES." Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. 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 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. Ordinance No. Page) Series of 1997 Section . 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 1997, 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 , 1997, 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 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: MEMORANDUM To: y Planning Commission From: Glen Gidley, Planning & Development Director Re: Case No. ZOA-97-01: Industrial Zone District Amendment to Permitted and Special Uses Date: February 27, 1997 City Council originally initiated this case as a total elimination of the Light Industrial (I) zone district regulations (Section 26-24), and a rezoning of all existing "I" zoned properties to Planned Industrial Development (PID). After discussion of that proposal by the Planning Commission at a Study session held January 16th, the Planning Commission decided that total elimination of "I" and rezoning was impractical and difficult, if not impossible to implement due to Charter provisions regarding legal protest and rezonings. After considering the basis for Council's initiative, specifically that certain objectionable uses are allowed as principal permitted uses because they are allowed in the C-2 zone districts by reference Planning Commission decided that a more practical approach would be to make such uses subject Special Use review. Hence, the attached proposed Council Bill amends the Light Industrial District regulations (Section 26-24) by deleting C-2 uses as "permitted principal uses, and includes C-2 uses as "special uses" subject to Special Use review. Staff Recommendation Staff concludes that this amendment accomplishes this basic intent of City Council, therefore we recommend approval. NIEN10RANDUI\I O \ o \lt , o To: _ Planning Commission From: Glen Gidley, Planning and Development Director - AOO Re: Special Use Permits dot OR Date: January 10, 1997 Up until 1994, Special Use Permits, if approved, became a land use right which vested with the land, similar to rezoning. If the property sold, the "right" associated with the Special Use Permit transferred with the property. In 1994, Council amended the Special Use procedures (Section 26-6 (B) Attached), so that Special Uses were only permitted to the "applicant" as owner of the Special Use. The Special Use Permit does not automatically transfer to a new owner upon sale of the land use activity. Additionally, the new provision specifies that Special Use Permits may be revoked if specific conditions are not complied with. It also provides that uses which are now listed as "Special Uses" but never obtained Special Use Permits pursuant to the new rules, must conform on close by 1999 (Section 26-6(B)(7)). I bring this to your attention for the purpose of discussion because since adoption, several problems have been discovered and related changes have occurred which may point to the need for further revisions. A. PROBLEM: Many Special Uses require significant capital investment in permanent structures which are specifically designed to accommodate the specific use. These structures are not easily changed to accommodate other uses. Is it practical to tie approval to a person (the applicant/owner) when you have long term capital investment in physical improvements to the land. An example of this would be the Special Use "Greenhouses) in the R-C district (Section 26-21 (C)(4)). Does it make sense that a person would invest substantial funds to construct a greenhouse operation, if their investment may be worthless as a marketable asset based upon current political whim. B. PROBLEM: There are manv existing nonconforming special uses in the City. Pursuant to Section 26-6 (13)(7) these uses must conform by 1999 by obtaining an SUP or by closing operations. An example of this is the greenhouse operation at the northwest comer of West 44th Avenue and Pierce Street. It is zoned R-C and requires a Special Use Permit, but have never had one and have not applied for one. Even though the general nonconforming amortization provisions were recently revised to eliminate the year 2000 conformance requirement, the more specific amortization requirement for nonconforming "Special Uses" was not affected by that amendment. I would suggest revising Section 26-6 (13)(7) to eliminate this provision. Please read the attached Section 26-6 (B) and be prepared to discuss these and other concerns which you may have. rz=_ (Y) (5) ZONING .A-'-TD DEVELOPMENT § 25.5 bulk, buffering, screening an d ~rLd and shall decide to sustain, amen & reject scaping, so as to be in hannon and the planning commission decisjon, with its - compatible with character of t e sur. decision being based upon alb evidence pre. rounding areas and neighbor ood, es- rented and the planning co rtussion record, pecially with adjacent prope res. with due consideration C the criteria for (p Will not overburden the c acities of review. the existing streets, u[il' ies, parks, (6) Enforcement. All re and stipula- schools and other public cilities and tions imposed by be planning commission services. or city council all be maintained in per- Planning commission revieru Planningcom- mission shall hear and c srder any ev dente or statement pre se ted by the appli- cant, city staff, ob any person in attendance at the he ng. The planning commission shall the decide to aonrove, approve with conditio s, or deny the appli- cation, basing its d 'sion upon the facts presented in the puplic hearing in consid- eration of the cnt a for review as speci- Fled in subsection ) above. Planning com- mission may ' pose conditions or stipulations, whi may include physical de- sign as well operational and mainte- nance consider tions, upon the conditional use in additio to standard development and use regulatio s which apply within a par- ticular zone istrict or for a similar "per• milted use ' Such conditions or stipula- tions may a imposed in order to ensure compliant with the criteria for review, which, i not complied with, shall be grounds or revocation of the conditional use. Appec An applicant, or any aggrieved prope y owner within sir hundred (600) feet o the subject property, may appeal the deci on of the planning commission to city cou cil by filing such appeal, along with an exp anation for the appeal, with the Wheat Ri ge City Clerk within ten (10) working d s after the date of the planning commis- s' n hearing. Upon such appeal, a public baring shall be scheduled before the city ouncil, 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 hear ad- ditional evidence and testimony presented, petuity with a specal use. If at any time the stipul ons or conditions are not ad- hered to yyrr are found to have been mater i• ally ait fed rn scope, application or design, the z ing administrator shall notify a code enf cement officer of the nature of the ,i- o tion(s) and the code enforcement officer shall. initiate standard enforcement proceed- in gs. (B) Special Uses: Special uses are discretionary uses w ich are c early shown to be void or deFl• cient in an area 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 o a vested propertn ht. which transters with the land or lease. The only time a sped use permit may be transferred to a new owner without reapplying for approval is through inheritance by an heir. The primary issues which the planning commission and city council shall address are 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 request 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 particular zone district. Supp. No. 14 1691 -,Hr4T RIDGE Crry CODE S 26.6 Proposed site development ele- 7 (ct) Application form and review procedures: , ments, including general building apolication for (a) Prior to submitting any the applicant shall it envelopes, landscape/open space buffers parking and loading areas, , a special use perm uired to hold a neighborhood re b outside work, storage or dis- and q e input meeting (see subsection (F)(1) for play areas. including gross and ble t t d requirements). (b) Special use applications shall be origi- , a a a 8 Site net lot area, maXImum building dmum floor area of Hated only by the prospective owner of ith written . coverage, ma- buildings, landscape/open space the proposed special use, w approval of the fee owner of the prop- maximum parking area, area, p t erty in cases where the owner of the c. height, e building property is different than the owner of (e) Upon receipt of a complete application the proposed special use. Both the spe- packet as described above, the plan- cial use owner and the land owner, or t be m ning and development department ro. i us their legal representatives, ng p shall proceed with the follow present at all public hearings. lication shall be submitted on forms ( ) A cess: to affected i c pp provided by the department of plan- applicat on 1. Refer the app s for review and com- i ning and development and shall be ac- e public agenc companied by a copy of the property nd a fee of one ment. Within thirty (30) days of accep- 2 deed, s certified survey a hundred dollars (5100.00). . of a completed application tance notice of a scheduled i (d) All applications shall also be accompa- development plan and it ve packet, g public hearing on the application e Hied by a s dditional written information in sul- by newspaper publication, letter in the i a C•icient detail Co convey the full intent ng otification and post n rovided in subsection of the applicant in developing, oper- as p manner ating and maintaining the special use. ite development plan shall meet Th (F)(1). 3. Prepare a written report and rec- in l e s the following minimum requirements: g ann ommendations to the p which evaluates the i 1. Sheet size: S.5 x 11 inches min- on, commiss proposal and makes findings using imum. the following review criteria set Scale and north arrow- 2 forth in subsection (3) below. . 3. Property boundaries and lot lines Before a special use i with dimensions. ew. r rev (3) Criteria fo the ant shall show, and [he li 4. Existing and proposed public street i c approved, the app ission and city council shall r• rights-oC-way, public easements, s planning comm osed special uses: rigation ditches, drainage way find, the prop and other easements affecting the (a) Will meet a proven public need in that site. it will fill a void in necessary services, 5. Existing and proposed public im- products or facilities especially appro. provements yr thin and adjacent to riate at the location. proposed, consid- the site, including curbs, gutter, ering available alternatives. sidewalk, street pavement, (b) Will not have a detrimental effect upon drainage improvements, street the general health, welfare, safety and lights, etc. 6. Existing and proposed street ac. convenience of persons residing or workingin e neighborhoodoCthepro-the cess points or curb cuts and dimen. posed use. sions thereof. 1692 - Supp No. 14 ZONING AND DEVT_LOP?PENT (c) Will not create or contribute to blight in the neighborhood by virtue of phys- ical or operational characteristics of the proposed use. ' (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. Will not result in undue traffic conges- 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. (g) Will be appropriately designed, in- cluding setbacks, heights, parking, bulk, buffering, screening and land- scaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not overburden the capacities of the existing streets, utilities, parks, schools and other, public facilities and services. (4) Planning commission review: The planning commission shall hear and consider any ev idence or statement presented by the appli- cant, city staff, or by any person in atten- dance at the hearing. The planning commission shall then make a recommen- dation to city council to approve, approve with conditions, or deny the application, basing its recommendation upon the facts presented in the public hearing in consid. eration of the criteria for review as speci- fied in subsection (3) above. Planning com- mission may recommend conditions or stipulations, which may include physical de- sign as well as operational and mainte- nance considerations, upon the special use in addition to standard development and use regulations which apply within a par- ticular zone district or for a similar "per- mitted use." Such conditions or stipula- tions may be recommended in order to ensure compliance with the criteria for re- view, which, if not complied with, shall be grounds for revocation of the special use. A Supp. No. 14 §'>66 recommendation for denial shall be consid- ered Final, unless the applicant riles an ap. peal to city council. (S) City council review. City council shall re. view- and decide upon all requests for spe- cial uses upon recommendation of the plan- ning commission for approval or upon appeal by an applicant of a recommenda- tion for denial by the planning commission. Special uses may only be approved by pas- sage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26-6(F)(1). City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony pre- sented, and either pass, pass with modify cations, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such spe- cial use permit, signed by the owners of twenty (20) percent or more of the area: a. Of those immediately adjacent to the rear or any side of the property, e-, tending one hundred (100) feet from the property; or b. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the required twenty (20) percent, and owners of noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such inter- vening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. 1693 ¢ 26-6 WHEAT RIDGE CITY CODE (6) Enforcement. All conditions and stipula- tions imposed by city council shall be main. tained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scrape, application or ' design, the zoning administrator shall no- tify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate revocation proceedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the pre- scribed correction date, the zoning ad- ministrator shall schedule a revoca- tion hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, -'to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the con-. ditions which apply to the special use permit. Any revocation action shall be- come effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continu- ance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the- date of the continued hearing, should the council find that the conditions a stipulations have not been satisfac rily met, council shall adopt the rei .cation ordinance. (7) Nonconforming special uses: Notwith- standing the provisions of section 26.7, any special use which is nonconforming to the provisions of this subsection 26-6(B) by way of not having received approval of a special use permit under prior rules and proce. dures shall terminate or shall otherwise be- come conforming to these provisions within five (5) years of the date that such noncon- forming status became effective. In addi- tion, within this five-year amortization pe. riod no nonconforming special use shall change ownership without coming into con- formance with this subsection 26-6(B). All other provisions of section 26.7 shall apply. C) Change of Zone (Rezoning): A change of any zo district as shown on the official zoning map is p mitted only when it is consistent with the goals d policies of the Wheat Ridge Comprehen- sive P and promotes the general welfare of the commu ity. If a proposed amendment is not con. sistent 'th the comprehensive plan, then the re- quest ma only be approved if the applicant dem. onstrates t at the request is justified because of changed or c anging conditions in the particular area or in th city in general, or the rezone is necessary to c rect a manifest error in the ex. isting zone class ication. A manifest error may include, but may t be limited to, one (1) or more of the following. 1) apping errors, including in- correct boundary to ion or incorrect zone desig. nation; or 2) Ordinance rrors, including incorrect zone designation, legal scription error, or typo. graphical errors. The Final determination as o a change of zone expressly rests in the exercise the discretion of the city council and all applican are hereby ad- vised and informed that there i no right to a change of zone of property. (1) Applicability: The requirements this sub. section shall be applicable throug ut the boundaries of the City of Wheat Rid and supp. No. 14 1694 MEMORANDUM To: Planning Commission From: Glen Gidley, Planning R Development Director Re: Industrial District Regulations Date: December 26, 1996 U Recently, City Council directed Staff to begin a process to rezone all Industrial (I) zoned properties in the City to Planned Industrial Development (PID) and to eliminate the Industrial (I) zone district regulations from the zoning district regulations from the Zoning Ordinance (Section 26-24). After a preliminary evaluation of this proposal, it was determined that, due to the City's own limitations on Large Area Rezonings (Section 26-3 (G)), unchallenged rezoning would be improbable. The root of this concern came from establishment of two new businesses on Industrial (I) zoned property in the northwest area of the City which businesses were allowed at C-2 zone uses. Rather than rezone all Industrial zone land, a simple amendment to Section 26-24 (B) to eliminate C-2 uses as "Permitted Principal Uses", but to then amend Section 26-24 (E) to place C-2 uses as Special Uses, would achieve the desired end. ZONING AND DEVELOPMENT § 2624 Sec. 26-24. Light Industrial District (I). (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- Supp. No. 14 1737 3 26.24 WHEAT RIDGE CODE after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage Facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit wi thin a com- mercial building. (3) Outside display or storage subject to the following: .:a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six- foot-high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26-6(A): (1) Electric transmission substation (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof. (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per. mitted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- Suop. No. 14 1738 Z0\-1SG:1ND DEVELOPMENT 4 '-6-24 erty. In addition, only one (1) itinerant mer- (b) When used in this section, the following chant may occupy a premises at any time. words shall have the following mean- (2) (a) Parking of more than three t3) commer- ings: cial truck-tractors and/or semitrailers 1. "Truck-tractor" means any motor on any parcel or lot, where such vehi- vehicle which is generally and com- cles are not related to the transporta- monly designed and used to draw tion needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and drive isles, and direction of traffic that some part of its own weight flow, and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck-tractor on and adjacent to the site, to adjacent and which is generally and com- streets, and which shows point of in- y used to carry and transport monl gressiegress to the site. The intent of property over the public highways. this provision is to limit those areas in 3. Any of said vehicles shall be con- sidered commercial when utilized which truck-tractors and/or semi- with or as a part of a commercial trailers used in commercial ventures may be parked and is not intended to venture. apply to any noncommercial use of such (c) Any property upon which a special use truck-tractors and/or semitrailers. permit is granted pursuant to subsec- Parking lot design shall meet the scan- tion i2)(a) above shall be conspicuously dards for truck-tractors and semi- posted to indicate the authorization for trailers as specified in section 26.31, the parking of commercial truck- Off-Street Parking Requirements. tractors and/or semitrailers thereon. It shall be a violation of this Code of Laws In addition, the applicant shall submit for any commercial truck-tractor and-or a report which addresses the following: semitrailer to be parked or stored upon property not so posted. Any commer- 1. Traffic impact to adjacent and sur- cial truck-tractor and/or semitrailer rounding street systems: in violation of the provisions parked Noise generated on the subject site hereof shall be subject to the and proposed methods of miti- of section 13-2 of the Code e of gating its off-site effects; Laws Laws. 3. Air pollution caused by the new development and the relationship (3) Commercial wholesale greenhouses. with ambient air pollution in the surrounding area. Proposed (4) Manufacturing, processing, warehousing or methods of controlling or reducing a combination thereof of the following. air pollution that are part of the development concept shall be de- (a) Instruments of professional, scientific, scribed; and photographic, optical and other sim- 4. Compatibility with adjacent land ilar uses. uses and proposed methods of as- (b) Electrical machinery, equipment and suring compatibility, such as supplies-. screening, landscaping, setback of (d Fountain and beverage dispensing orientation. equipment. Supp. No.5 1739 i' 26-24 WT?EAT RIDGE C17Y CODE W) Plywood, furniture and similar wood (17) Carpet cleaning and fumigating. products. (e) Small items, such as toys, clocks, jew- elry,fountain pens, pencils and plastic (19) Cheese Factory. products. v (20) Contractor's plant or storage yard. (D Transuortation equipment. (g) Candy. (21) Electrical motors and armature re-grinding (h) Foods (processing and/or canning). shops. (i) Glass and glass products. (22) Film developing plants. 0) Other similar uses. (23) Ice plants. (5) Printing, engraving and other related re- production processes. (24) Stone cutting or polishing works. (6) Custom fabrication. (25) Warehousing and outside storage in accor- dance with subsection (G)(2) hereof. (7) Research laboratories, offices and other fa- cilities for research, both basic and applied, (26) Manufacture of vaccines, serums and toxins; conducted by or for any individual, organi. provided. that an antidote exists and is zation or concern, whether public or pri• readily available for such vaccine, serums vate. or toxins: provided, further, that approval of such manufacture is received from the (8) Retail sales of any commodity that is man- state department of health and the county ufactured, processed or fabricated only on health department. the premises; and equipment, supplies and (27) Outside storage of vehicles or parking of materials designed especially for use in ag• garbage trucks, when entirely enclosed riculture, mining, industry, business, trans. n an opaque fence. Auto salvage busi- withi portation, building and other construction. nesses or junk yards are not allowed within (9) Repair, rental and servicing of any com- this subsection. modity that the manufacture, fabrication, (28) Kennels. processing or sale of which is permitted in the district. (29) Manufacturing, fabrication and/or pro- cessing of concrete products. (10) Schools for industrial or business training. (30) Other similar uses approved by city council. (11) Railroad facilities exclusive of yard, main- tenance and fueling facilities. Lot lines (F) Uses Prohibited. Due to the limited area abutting railroad rights-of-way shall have available for the following uses and the proximity constructed upon them a fence of minimum to residential uses, the following uses are specif- height of sic (6) feet. ically prohibited. In no instance shall any use listed below be interpreted as a similar use to a (12) Operations required to maintain or support perm itted use: any use permitted on the same tract or lot as a permitted use, such as maintenance (1) Wholesale or retail sale or storage of the shops, power plants, machine shops, and the following: keeping of security animals. (a) Live animals, except for kennels. (13) Terminals for public transit vehicles. (b) Explosives. (c) Junk. (14) Broom factory. (d) Gasoline bulk storage exceeding two (15) Cabinet and woodworking shops. thousand (2,000) gallons, including storage for uses incidental or accessory (16) Carting, express, hauling or storage yard. to any use permitted in this district. Supp. 10. 5 1740 ZONING AND DEVELOPMENT § 26.24 (e) Explosive or highly corrosive chemi- (6) Rubber manufacturing, processing or rec- cals, such as metallic magnesium, me- lamation. tallic sodium, metallic potassium or e1- 7) Sawmill or planing mill. emental phosphorus. (2) Basic manufacture of any of the following: (a) Abrasives. (b) Alcoholic beverages distillation. (c) Animal products. (d) Bone black. (e) Fermented malt beverages. O Carbon black and lamp black. (g) Charcoal. (h) Cinder or other blocks. (i) Clay or clay products. (j) Detergents. soaps and by-products using animal fat. (k) Fermented fruit and vegetable prod- ucts. (1) Gases, other than those used in accor- dance with subsection (G)(8)(c). (m) Concrete or cement. (n) Glue and size. (o) Gypsum and other forms of plaster base. (p) Matches. (q) Metal ingots, pigs, sand castings, sheets or bars. (r) Oils and fats, animal and vegetable. (s) Paper pulp and cellulose. (t) Portland and similar cements. (u) Turpentine. (v) Wax and wax products. (w) Other similar uses. (3) Manufacturing, fabrication and/or pro- cessing of any of the following. (a) Chemicals, heavy or industrial. (b) Coal or coke. (c) Insulation, flammable type. (d) Paraffins, petroleum or petroleum prod- ucts. (e) Paints, pigments, enamels, japans, lac- quers, putties, varnishes, whiting, and wood fillers. (f) Other similar uses. (4) Meat slaughtering or rendering. (5) Metals, extraction or smelting. (8) Tanning. (9) Wood preserving by creosoting or other pres- sure impregnation of wood by preservatives. (10) Other similar uses. (G) Performance Standards: The following stan- dards and conditions shall apply to the develop- ment, use, operation and maintenance of any spe- cial use hereinafter approved, as well as to any similar industrial use created prior to adoption of this section. All environmental performance stan- dards set forth are subject to the criteria estab- lished in current federal, state or location regula- tions, whichever criteria is most restrictive: (1) Building enclosures. Every use shall be op- erated in its entirety within a completely enclosed building unless otherwise specifi- cally approved. (2) Outdoor storage and waste disposal: (a) All outdoor storage or warehousing fa- cilities shall be enclosed by a view- obscuring fence, wall and/or land- scaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. Dis- play of finished products for retail sale on the premises may be allowed, as such would be allowed and regulated in the C-1 and C-2 districts. (b) No materials or wastes shall be depos- ited upon a lot in such a form or manner that they may be moved from the lot by natural causes or forces. (c) All materials or wastes which may cause fumes or dust, constitute a fire hazard, or may be edible or otherwise attractive to rodents and/or insects shall be stored only in closed con- tainers. (d) All toxic, corrosive, inflammable or ex- plosive liquids, gases or solids shall be stored in compliance with the currently adopted (ire prevention code, Environ- mental Protection Agency standards, Supp. 40. 5 1741 4 26.2-4 Wr1E_aJ RIDGE CITY CODE or similar standards or requirements adopted by an agency of the State of Colorado. (3) :Noise. Noise shall be measured on any prop- erty line of the tract on which the operation is located and shall be muffled so as not to become objectionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in com- pliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, § 25-12- 101. as amended. (4) Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrications of books, textile weaves, electronic equipment or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresh- olds) Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc.. Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor per. mitted. Detailed plans for the prevention of odors crossing property lines may be re- quired before the issuance of a building permit. Colorado Department of Health, Air Quality Control Commission's currently adopted "Odor Emission Regulation" shall be complied with when found to be more restrictive than the values of the "Air Pol- lution Abatement Manual." (5) Glare and heat. Any operation producing intense glare and/or heat, e.g. welding con. ducted as a regular function of an opera. tion, shall be performed within an enclo- sure in such a manner as to be imperceptible along any lot line of such operation without instruments. (6) Exterior lighting. Any lights used for exte- rior illumination shall be directed light Supp. Vu.5 away from adjoining properties and be sub- ject to the provisions of section 26-30. (7) Vibration. Vibration shall not be discern- ible at any property line to the human sense of feeling for three (3) minutes or more du- ration in any one (1) hour. Vibration at any time shall not produce an acceleration for more than 0.1 gravities or shall result in any combination of amplitudes and frequen- cies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equa- tions of said Bulletin No. 442 shall be used to compute all values for the enforcements of this provision. (8) Emission control of smoke, dust and gases (a) Smoke: Smoke emissions and capacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Department of Health, Air Quality Control Commission's "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (b) Dust and Other Particulates: Fugitive dust and other particulate matter from fuel-burning equipment, refuse-burning facilities, and manufacturing shall be controlled in accordance with the Col- orado Department of Health, Air Quality Control Commission's cur- rently adopted "Emission Control Reg- ulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado." (c) Gases: Detailed plans for the elimina- tion of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above-stated "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (9) Hazard. Any research operation shall be carried on with reasonable precautions against fire and explosion hazards. 1742 ZONIXG:',ND DEVELOPMENT ? 26.2; (10) Radiation control. Radiation and the utili- (b) Conditional and Soecial Uses: The min- zation of radioactive materials shall be reg- imum width of side yard shall be ulated so as to conform with Colorado De- twenty-five (25) feet except as follows: partment of Health's currently adopted "Rules and Regulations Pertaining to Ra- 1. Thirty (30) feet where adjacent to diation Control." a dedicated public street. 2. Seventy-five (75) feet where a side (11) Electrical radiation. Any electrical radia- yard abuts property zoned Residen- tion shall not adversely affect at any point tial, or where zoned Agricultural any operations or any equipment other than and there is a residential struc- those of the creator of the radiation. Avoid- ture within twenty-five (25) feet of ante of adverse effects from electrical radi. the industrial property. There shall acion by appropriate single or mutual sched. be a six-foot-high solid decorative uling of operations is permitted. wall or fence and ten (10) feet of landscaping adjacent to the prop- (11) Development and Use Regulations. erty line. 3. Where a side yard abuts a railroad 1) Merimum height. Fifty (50) feet. right-oC-way, no side vard setback shall be required. 12) Minimum lot area. No limitation. provided that all other requirements can be met. (7) Rear yard setback.: (3) Morimum lot couerage. Ninety (90) percent. (See section 26-5 for definition.) (4) ,Vinitnurn lot width. No limitations, pro- vided that all other requirements can be met. (5) Front yard setback. Fifty (50) feet minimum. (6) Side Yard setback: (a) Principal Permitted and Accessory Uses: Five (5) feet per story minimum, except as follows: 1. Zero setback where structures are constructed of masonry or nonflam. mable material and in accordance with the Uniform Building Code. 2. Thirty (30) feet where adjacent to a dedicated public street. 3. Where a side yard abuts property zoned residential, or where zoned Agricultural and there is a resi- dential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscape buffer and a six-foot-high solid decora- tive wall or fence shall be required adjacent to the property line. (a) Principal Permitted and Accessory Uses: Ten (10) feet for a one-storv building and an additional five (5) feet per each additional story thereafter, ex- cept as follows: 1. Any rear yard which abuts a public street shall have a minimum set- back of fifteen (15) feet for all struc- tures. 2. Any rear yard which abuts a public alley shall have a minimum set- back for all structures of five (5) feet from the edge of the alley. 3. Where a rear yard abuts property zoned Residential, or where zoned Agricultural and there is a resi- dential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer and a sic-Foot-high solid dec- orative wall or fence shall be re- quired adjacent to the property line. (b) Conditional and Special Uses: The min- imum depth of a rear yard shall be twenty (20) feet except as follows: 1. Thirty 130) feet where adjacent to a dedicated public street. Supp. No.5 1743 § 25-24 WE= RIDGE CITY CODE 2. Seventy-five (75) feet where a side yard abuts property zoned Residen. tial, or where zoned Agricultural and there is a residential struc. ture within twenty-five (25) feet of the industrial property. There shall be a sic-foot-high solid decorative wall or fence and ten (10) feet of landscaping adjacent to the prop- erty line. 3. Where a rear yard abuts a rail. road right•of--wav, no rear yard set- back shall be required. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26-32. (10) Fencing requirements. See section 26-30(I). (11) Sign requirements. See the Code of Laws, Chapter 26, Article rV. (Ord. No. 1989-801, § 6, 7-24.89; Ord. No. 1990- 827, § 1, 4-9.90) Supp. No. 5 1744 CISY 07 -,q-H7-a-7 RIDGE, COLOR-2-DO INTRODUCED BY COUNCIL =f3ER n,;;,._ Council Bill No. 46 Ordi-^-ance No. 1052 Series Of 1996 TITLE: AN ORDINANCE REQUIRING SPECIAL USE PERMITS FOR MORTUARIES t-_EREAS, the Citv Council wishes to require that new develooment Of mortuaries in the C-1, C-2 and T Districts first __.eive a so=cial use oermlt _oursuant to Section 26-6(3) of the Code of Laws. CT_' - COGNCTL 07 THE CITY OF Sva=AT RIDGE, 3E TT ORDAINED BY THE COLORADO, AS FOLLOWS: Section 1 Subsection 26-22(3) (20) Of the Wheat Ridge Code of Laws is ierebv deleted. Section 2 Subsection 26_22(=) o= t.^.e Wheat Ridge Code of !Jaws is amended by renumber i n g existing s u b o a ra gr aph 26-22 (E) (3) as 29-22 (E) (9) and inserting a new suboaragraD.^. 26.22 (E) (8) , t0 read: (9) Mortuaries. Section 3. Subsection 26-23(=) of r- wheat Rid-=e Code of Laws is amended b`: inserting ~ new subparagraph 26-23(E)(7), to -n;". (5) Mortuaries. Section 4. Subsection 26-24(E) of the wheat Ridce Code of Laws is amended by renumbering existing subparagraph 26-2:(E)(30) as 26-24(E)(31) and inserting a new subparagraph 26-24(3)(30), to read: (30) Mortuaries. Section S. Existincr Facilities. Mortuaries in existence on the effective date of this Ordinance shall not be affected therebv and shall not be required to obtain a special use permit and=_r Section 26-6(3) of the Code of Laws. Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police _cower 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 DrOteCtlOn Of Dub11C•COnVenieRCe a.^..^. welfare. Tne City Council further determines that the ordinance bears a GcDSiJ: 1.i:iJ4.I to the e:OO i2aisiativ2 OOj 2Ct SC'_a^z t0 02 attain2Q. Section 7. SeyerabilitV.. i= -v cla-s2, s2nence, on ay:n^..^., Dart of this Ordinance or A00_:cation tner_.._ cc a`!v oerson or circumstances shall for anv reason be ]udged by a Court of comoetent jurisdiction invalid, such judgment shall not at_ect, impair or invalidate the r2maind°_= Of this Ordinance or its application to oche- persons or ci-rcumscances. Section 8. Effective Date. This Ordinance shall take effect immediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 or this 23rd day of SeDcember 199', ordered DLblis:^.2d in full in a newsna_oer of aeneral circulati0n i.^. the C_tv of Wheat Ridge and Public Hearing and consideration or final passage set for October 14 1995, at 7:00 o'cloc'- o.m., in the Council Chambers, 7700 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 14th day of October '_990. SIGNED by the Mavor on this 15ch day of ~~.TEST: WA.~IDA SANG, C=Tt 6ZZj 1st Publication: October 4, 1996 2nd Publication: October 18, 1990 ;;:..=rat Ridge Transcript Effective Date: October L9, 1996 October 19 96. DAN 41_7 DE, %IAYOR APPROVE A T TOE AS TO 70R.%j By C7_TY CSO;jXr; r;o .i -2- CITY OF rv EAT RIDGE, COi02aDO INTRODUCED BY COUNCIL BER D=t':)eC Council Bill No. 47 Ordinance No. 1053 Series of 1996 TITLE: AN O.DINANCE REQUIRING SPECIAL USE PERMITS FOR CR=LP,TORIES t, EREAS, the City Cou'nc'il wishes t0 require that new eevelooment o- crematories in t.^.° C-1, C-2 and 1 Districts flirt receive a soecial use o_ermit ou'rsuanc CO Section 25-5(B) of tone Code of taws. 33 IT ORDAINED BY T E CITY COUNCIL OF CITY OF FIHEAT RIDGE, COLD -aDO, AS FOLLOWS: Section 1 Subsection 2'-22(E) Of -he W:^.edt Ridge Code of taws is arnen_ded by amending suooa rag raon 25-22 (E) (9) Co read: :`'?O:CL'a rieS \~D CR~.L3TORi :J. Section 2 Subsection 27-23(E) of to^_ trdn2ac Ridge Code O" taws is am=ended by amending subparagraph 26-23(E) (5) CO read.: (5) 'OrCUari-s CR7.% 7(DR_ES. Section 3. S',_oseccion 25-2-(E) of the W22at Ric=e Code O: Laws is aalent°_d Di 2::Q i.^:y 5 ^ar3gra~n 2j-24(E) (30) to reac: (30) :?Ortuaries ND. CRE:.L4TORIES . Section 4. Existing Facilities. Crematories in existence on t.^.e effective date of this Ordinance shall not be affected therebv and shall not be reauired to obtain a soecia1 use oer.min under Section 26'-o(3) of the Code of ::aws. Section 5. Safetv Clause. The City Council hereby finds, oeter'ilines, and declares chat this Ordinance is promulgated under Ch-_ general police power of the City of Wheat Ridge that it is promulgated for the health, SafeCv, and welfare of the public and C:':aC C.hiS Ordinance 1S P.eC2SSarV for Che preservation Of -alch and safety and for the oroCeCtion of public convenience and welfare. The Ci tv Council further determii:eS that the Ordinance pears a rational relation CO Che proper 'eg 1S ldCLy2 object sough7 to be attained. Section 5. Severabilitv. 1f anv clause, sentence, paragraph, or part of th'_S Ordl.^.ance or Aoolication C.1=r_OC Co anv DerSon or circumstances shall for any reason be judged by a court cc G?D >idT11ni513.1 sz" _ - 3'---- -nV=__ - - -11 J nya ua l.n... _J U ce o J Sect=on i. t4ve Date. is Or~_n=nce_ J..=__ '-e eec'- INTRODUCED, READ, AND ADOPTED on firs: reading Ov a vote o- 7 to 0 on s 23rd daV of September 99 5, ordered dujl i gn`d in. _ul 1 'n a newsoane c= general c' =-u, c i on.. :n the Ci Cv o- Wheat Ridge and Public :rearing and Consideration on final passage set =or Occobar 14 1995, at 7:00 o'clock Council Chambers, 7500 West 29-.1 Avenue, Wheat Ridgg Colorado READ, ADOPTED LND ORDERED PUBLISFED on second and L-J -I readina by a vote of 8 to 0 this 14th day of Occober S=GEED by t:^.e ".avor on t:^.i5 15th day of October 19 96. SANG, C_TY C~~R1 1st Publication: October 4, 2nd Publication: October. 18, Wheat Ridge Transcript E. ective Date: October 19, 1996 1996 1996 DAN WILDS, nkyoR APPROVED AS TO =OR By C7T'V v: ~ - GERALD E. DA:L, Cr__ ! RNEY CED ii0':7'.I03ii7.1 . 2 - ZONING .-AND DEVEL0 P%(E NT § 26-23 after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: Sec. 26-23. Commercial-Two District (C-2). (A) Intent and Purpose: This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, more intensive retail sales, whole- sale businesses, and light manufacturing. This dis. trict geherally depends on the entire region for the market area. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- (1) All uses permitted in the Comme-r'..'. ^::u District as "permitted principal uses." (2) Amusement parks. (3) Animal veterinary hospitals and clinics. (4) Auction houses. (5) Auto service and maintenance shops, in- cluding tire sales and recapping, muffler shops, auto and light-duty truck fueling sta- tions, detail shops, tune-up sh, s, c... washes, upholstery shops, radiator repair shops, lubrication service, sound system shops, major mechanical repair [shops), body work, and painting, but excluding any such use primarily for service, repair or mainte- nance to truck-tractors or semitrailers, sub- ject to outside storage provisions set forth in subsection (C)(3) hereof. (6) A building contractor's service shop and storage yard incidental to an office/show- room principal use. This would include car- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similar uses which do not use heavy equipment in the business, L•ut, ]low- ever, do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur upon the premises. All outside storage areas shall be screened from view from adjacent prop- erties and streets by a six-foot opaque wall or fence. Stacking of materials and sup- plies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are pro- duced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment of use of adjacent properties. (7) Cold storage plant Sapp. No. 15 1733 § 26-23 WHE-4T RIDGE CITY CODE (S) Construction equipment and heavy equip- provided, however, that no excessive noise, ment sales, service, rental and storage, sub- vibration, dust, emission of heat, glare, ra- ject to outside storage and display provi- diation, smoke or fumes are produced to the sions set forth in subsection (C)(3) hereof. extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment or use (9) Creamery and milk distribution stations. of adjacent properties. (10) Dying and cleaning shops. (22) Any similar use which, in the opinion of (11) Farm equipment sales, service and storage, the zoning administrator, or upon appeal of subject to outside storage and display pro- his decision, of the board of adjustment, visions set forth in subsection (C)(3) hereof. would be compatible in character and im- (12) Government or quasi-governmental build- pact with other uses in the district, would ings and offices, fire stations, or public be consistent with the intent of this dis- utility buildings, where outside storage or trict, and which would not be objectionable repair facilities are planned subject to out- to nearby property by reason of odor, dust, side storage provisions set forth in subsec- fumes, gas, noise, radiation, heat, glare, vi- tion (C)(3) hereof. bration, traffic generation, parking needs, outdoor storage or use, or is not hazardous (13) Homes for the aged, nursing homes and con- to the health and safety of surrounding gregate care homes. areas through danger of fire or explosion. (14) Ice plants and delivery stations. (C) Permitted Accessory Uses and Accessory (15) Manufacturing and/or light industrial op- Buildings: erations, where operation of any one (1) ma- (1) Electric transmission or other public utility chine does not exceed five (5) horsepower, lines and poles, irrigation channels, storm excluding any industrial operation listed in drainage facilities, and water supply facil- any other section of this chapter, subject to ities, and other similar facilities. outside storage provisions set forth in sub- section (C)(3) hereof. (2) Residential uses in commercial zones shall be allowed under the following conditions: (16) Mobile or modular homes or building sales. (a) Residential use shall be located only (17) Shops for custom work or for making arti- on a floor other than the ground floor, cles, materials or commodities to be sold at or if located on the ground floor, re- retail on the premises, and where no single stricted to the rear half of the building. machine exceeds five (5) horsepower; and (b) Residential dwelling density shall not provided, that no excessive noise, vibra- exceed one (1) dwelling unit for each tion, dust, emission of heat, glare, radia- 000) square feet of lot five thousand (5 tion, smoke or fumes are produced to the , extent that it is dangerous, hazardous or a area. (c) Residential dwelling units shall be no nuisance to the reasonable enjoyment or use of adjacent properties, subject to outside less than five hundred (500) square feet storage provisions set forth in subsection each. (d) Parking shall be supplied at the rate of (C)(3) hereof. one (1) space per three hundred (300) (15) Theatres (including drive-ins). square feet of floor area. (19) Mini-warehouses for inside storage. (e) Where it is intended to convert an ex- isting residential structure, either par- (20) Wholesale businesses. tially or wholly, to a commercial use, (21) Woodworking or carpentry shops for the then commercial development stan- making of articles for sale upon the prem- dards shall be applied for parking, land- ises, such as cabinets or custom furniture; scaping and residential buffering. Any Supp. No. 15 - 1734 ZONING AND DEVELOPNIENT changes to building floor area shall fully comply with all commercial de- velopment standards. (1) No new residences as a primary or prin- cipal use shall be allowed. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac. cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. ¢263 (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tae li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (6) Parking of more than three (3) commercial truck-tractors and/or semitrailers on any parcel or lot, where such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shat submit a site plan which adequately illus- trates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking rel- ative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi. trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of such truck- tractors and/or semitrailers. Parking lot de- sign shall meet the standards for truck- tractors and semitrailers as specified in section 26.31, Off-Street Parking Require- ments. (9) Temporary outside storage utilizing semi- trailers, other trailers, shipping containers or other nonstructural enclosures for which a building permit is not required shall only be allowed as a temporary use approved pur- suant to section 26.6(D)). Any temporary use permits granted by the board of adjust- ment for such outside storage methods shall require a six-Coot-high view,-obscuring screen or fence around the trailers or con- tainers so as to minimize visual impacts to surrounding properties and streets. Any ex- Supp. No. 15 1735 § 26-23 WHEAT RIDGE CITY CODE isting outside storage trailers or containers apply to any noncommercial use of such shall be removed or otherwise come into truck-tractors and/or semitrailers. _ conformance with these provisions by July Parking lot design shall meet the start- 1, 1996. dards for truck-tractors and semi- (D) Conditional Uses: The following uses shall trailers as specified in section 26-31, be permitted only upon approval of the Wheat Off-Street Parking Requirements. Ridge Planning Commission and city council, fol- In addition, the applicant shall submit lowing procedures as set forth in section 26-6(A): a report which addresses the following: (1) Electric transmission substation. 1. Traffic impact to adjacent and sur- (E) Special Uses: The following uses shall be rounding street systems; permitted only upon approval of the Wheat Ridge 2. Noise generated on the subject site Planning Commission and city council, following and proposed methods of miti- procedures as set forth in section 26.6(B): gating its off site effects; (1) Itinerant sales of any item permitted in this 3. Air pollution caused by the new district upon a parcel which is vacant or development and the relationship occupied by'a permanent principal per- with ambient air pollution in the mitted use; provided however that such surrounding area. Proposed , , itinerant sales do not occupy required methods of controlling or reducing parking space or fire lanes do not occupy air pollution that are part of the , the sight distance triangle required at the development concept shall be de- intersection of two (2) streets if on a corner scribed; and . Compatibility with adjacent land 4 property, are setback at least ten (10) feet uses, and proposed methods as- from all property lines and do not exceed surfing compatibility, such h o thirty(30)days'occupancy of the same prop- screening, landscaping, setback of erty. In addition, only one (1) itinerant mer- chant may occupy a premises at any time. orientation. A temporary use permit shall not be issued (b) When used in subsection (2)(a) above, by the board of adjustment, the following words shall have the fol- (2) (a) Parking of more than three (3) commer. lowing meanings: cial truck-tractors and/or semitrailers 1. "Truck tractor" means any motor on any parcel or lot, where such vehi- vehicle which is generally and com- cles are not related to the transporta- monly designed and used to draw tion needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial. use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and drive isles and direction of traffic that some part of its own weight flow, and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck-tractor on and adjacent to the site, to adjacent and which is generally and com- streets, and which shows point of in- monly used to carry and transport gress/egress to the site. The intent of property over the public highways. this provision is to limit those areas in 3. Any of said vehicles shall be con- which truck-tractors and/or semi. sidered commercial when utilized trailers used in commercial ventures with or as a part of a commercial may be parked and is not intended to venture. Supp. No. 15 1736 ZONING AND DEVELOPMENT 3 25-23 ..(c) Any property. upon which a special use oling Street, Ward Road north of West permit is granted pursuant to subpart 44th Avenue, and Youngfield Street (E)(2) hereof shall be conspicuously shall be setback a minimum of fifty (50) posted to indicate the authorization for feet. the parking of commercial truck- (6) Side yard setback. Based upon the specific tractors and/or semitrailers thereon. It adjacent land use and adjacent public site shall be a violation of this Code of Laws , one (1) more of the following re- streets for any commercial truck-tractor and/or , quirements shall l apply: semitrailer to be parked or stored upon property not so posted. Any commer- (a) Five (5) feet per story minimum, ex- cial truck-tractor and/or semitrailer cept a zero setback may be permitted parked in violation of the provisions where structures are constructed of ma. hereof shall be subject to the provi- sonry or nonflammable material and sions or section 13.2 of this Code of in accordance with the Uniform Laws. Building Code. (3) Any other use not specifically listed in this (b) In all cases, thirty (30) feet where ad- district may be permitted as a special use jacent to a dedicated public street. where the planning commission and city (c) In addition to building setback as re- in addition to the standard re- council Find quired by subsection (a) above, where a , view criteria for all special uses as set forth side yard abuts property zoned residen- in section 26-6(B), that a specific site is tial, or where zoned Agricultural and uniquely appropriate for the use proposed. there is a residential structure within " fifteen (15) feet of the commercial prop- (4) Pawn shops. erty, a five-Coot-per-story landscaped (F) Development and Use Regulations: buffer, plus a six-foot-high solid deco- rative wall or fence, shall be required (1) Maximum height. Fifty (50) feet. between the building and the property (2) Minimum lot area. No limitation, provided line. that all other requirements can be met. (7) Rear yard setback. Based upon specific site, (3) Maximum lot coverage. Ninety (90) percent, adjacent land use and adjacent public with a minimum of ten (10) percent of the streets, one (1) or more of the following shall lot being landscaped. apply: (4) Minimum lot width. No limitations, pro- (a) Ten (10) feet for a one-story building vided that all other requirements can be and an additional five (5) feet per each met. additional story thereafter. (b) In all cases, any rear yard which abuts (5) Front yard setback. Fifty (50) feet minimum, a public street shall have a minimum except as follows: setback of fifteen (15) feet for all struc- (a) Thirty (30) feet for structures on lots or tures. portions of lots which abut a cul-de-sac (c) In all cases, any rear yard which abuts bulb a public alley shall have a minimum . (b) Thirty (30) feet where the height of the setback for all structures of five (5) feet building does not exceed thirty-Five (35) from the edge of the alley. feet, and where the front setback area (d) In addition to building setback as re* is completely landscaped, exclusive of quired by subsection (a) above, where a ingress/egress drives on either side of a rear yard abuts property zoned residen- structure. tial, or where zoned Agricultural and (c) Structures on lots which abut Sheridan there is a residential structure within Boulevard, Wadsworth Boulevard, Ki- Fifteen (15) feet of the commercial prop. Supp. No. 15 1737 § 26.23 W-H1;4T RIDGE CITY CODE erty, a -Five-foot-per-story landscaped buffer, plus a sit-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26.32 (10) Fencing requirements. See section 26-30(I) (11) Sign requirements. See Wheat Ridge Code of Laws, Chapter 26, Article IV. (Ord. No. 19S9-801, § 4, 7-24-89; Ord. No. 1990- 527, § 1, 4-9-90; Ord. No. 1993-945, § 2, 12-13-93; Ord. No. 1994-978, § 2, 10-10-94; Ord. No. 1994- 981, § 1, 11.14-94; Ord. No. 1995-993, § 2, 3-27-95) Sec. 26-24. Light Industrial District M. (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or.Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored (b) (c) within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or Fire lanes shall not be used for such outside display or storage. Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use Supp. No. 15 - 1738 ZONING AND DEVELOPMENT permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26-6(A): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking space or fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- § 2S_+ Supp. No. 15 1738.1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER T )n Council Bill No. 46 -Ordinance No. 1052 Series of 1996 TITLE: AN ORDINANCE REQUIRING SPECIAL USE PERMITS FOR MORTUARIES - WHEREAS, the City Council wishes to require that new development of mortuaries in the. C-1, C-2 and I Districts first receive a special use permit pursuant to Section 26-6(B) of the Code of Laws. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 26-22(B)(20) of the Wheat Ridge Code of Laws is hereby deleted. Section 2. Subsection 26-22(E) of the Wheat Ridge Code of Laws is amended by renumbering existing subparagraph 26-22(E)(8) as 26-22(E) (9) and inserting a new subparagraph 26-22(E) (8), to read: (8) Mortuaries. Section 3. Subsection 26-23(E) of the Wheat Ridge Code of Laws is amended by inserting a new subparagraph 26-23(E)(5), to read: (5) Mortuaries. Section 4. Subsection 26-24(E) of the wheat Ridge Code of Laws is amended by renumbering existing subparagraph 26-24(E)(30) as 26-24(E)(31) and inserting a new subparagraph 26-24(E)(30), to read: (30) Mortuaries. Section 5. Existing Facilities. Mortuaries in existence on the effective date of this Ordinance shall not be affected thereby and shall not be required to obtain a special use permit under Section 26-6(B) of the Code of Laws. Section 6. 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 GEDU3017\163308.1 rational relation to the proper legislative object sought to be attained. Sect-ion 7. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged 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 8. Effective Date. This Ordinance shall take effect immediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 23rd day of September 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 14 , 1996, 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 8 to 0 , this 14th day of October 1996. SIGNED by the Mayor on this 15th day of October 1996. •4Q DAN WILDE, MAYOR ATTEST: r WANDA SANG, CIT 611!~BK AS TO FORM BY CITY E. 1st Publication: October 4, 1996 2nd Publication: October 18, 1996 Wheat Ridge Transcript Effective Date: October 19, 1996 GED\53D371I64308.1 -2- CITY OF -HEAT RIDGE, COLORADO INTRODUCED By COUNCIL ~ 3ER p=t> Council Bill No. 47 Ordinance No. 1053 Series of 1996 TITLE: Av ORDINANCE REQUIRING SPECI_AL USE PERMITS FOR CREMATORIES WHEREAS, the Citv Council wishes to require that new development of cre^.atories in the C-1, C-2. and T_ Districts firsC receive a special use permit oursuant to section 26-6(3) of the Code of Laws. 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or VHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1 Subsection 26-22(E) of the Wheat Ridge Code of Laws is amend=_d by amending subparagraph 26-22(E)(8) to read: (S) Mortuaries ?_q7 CREMATORIES Section 2. Subsection 26-23(E) of the Wheat Ridge Code of Laws is amended by amending subparagraph 26-23(E)(5) CO read: (5) Mortuaries LND CREMATORIES. Section 3. Subsection 26-24(E) of the Wheat Ridge Code of Laws is amended by amending subparagraph 26-24(3)(30) to read: (30) Mortuaries A_VD CREMATORIES. Section 4.. Existing Facilities Crematories in existence on' t.^.e effective date o this Ordinance shall not be affected thereby snd shall not be required to obtain a special use pe -Nit and=_r Section 26-6(3) of the Code of Laws. Section 5. Safety Clause. The City Council hereby finds, determines, and declares Chat this Ordinance is promulgated under . the general-oolice power of the City of Wheat Ridge, that it is... promulgated for the health, safety, and welfare of the public and Chis Ordinance is necessary for the preservation of health and safecv and for the oroCection Of public convenience and welfare. The Citv.Council further determines that the Ordinance bears a raClOnai reldClO'I to the,proper legislative object sought to be attained. Section 6. Severabilitv. If any clause, sentence, paragraoh, or ?art of this Ordinance Or ApplicaCion C:1ereo= Co an,/ oerson or circumstances sha11 for any reason be judged by a court of Gc0'>i0.'11oi5t3.1 com-pecen_ jurisdiction invalid, such j-udg'e't s^aIl no- a___ -7 i"'.a lido t'- `e~a: A- ~ _paOr v O c1 is Ordinance c application to oc'ner persons or circums7ances. Section 7. E " ectlve Date. This Ordinance snarl ta.<e effect i:P_I°d_acely nal publication. INTRODUCED, READ, AND _ADOPTED on first reading by a vote of 7 to 0 On this 23rd day of Seote3ber 1995, ordered published in full in a newsoaoer of general circulation the City O: Wheat Ridge and Public H=aring and consideration on final passage set for October 14 1995, at 7:00 o'clock p.-., 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 8 to 0 , this 14th day of October 199G. S=G.%= by the Savor on t.^.is 15th day of October 19 96, ATTEST: +z%:.n SANG, C=TY G:Z~RN GERALD E. DA;L, C-~-=-"i"iORNEY ist Publication: October 4,. 1996 2nd Publication: October 13, 1996 Wheat Ridge Transcriot Effective Date: October 19, 1996 DAN WZLDE, MAYOR APPROVED AS TO =OR. By C7-,V ATTO ~ G--7wi X" ..I oii l Y.l - - § 26-6 WHEAT RIDGE CITY CODE Sec. 26.6. Legislative and administrative pro- cess and procedures. This section sets forth the procedural and sub- stantive requirements which apply to the various administrative and legislative processes estab- lished by this code, and as may be required by other city ordinances and/or state law, where ap- plicable. 7 ) Conditional Uses: Conditional uses are per- mltte uses w 1c 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 specifically enumerated. The primary issues which the planning commission shall address are those 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. In order to achieve compatibility, the plan- ning commission, and city council upon appeal, shall have the right to approve, approve with mod- ifications, or deny a conditional use request. (1) Applicability. The requirements of this sub- section shall apply to all uses listed as "Con- ditional Uses" within any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a.conditional use permit, the applicant shall be required to hold a neighbor- hood input meeting (see subsection (F)(1) for requirements). (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- ning and 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 dollars ($100.00). (d) All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficient detail to convey the full intent of the applicant in developing, oper- ating and maintaining the conditional use. The site plan shall meet the re- quirements of a TYPE I SITE 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 of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare 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). (3) Criteria for review. Before a conditional use is approved, the applicant shall show, and the planning commission shall find, the pro- posed conditional use: (a) Will not have a detrimental effect upon the general health, welfare, 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 significant air, water or noise pollution. (c) . Is consistent with the comprehensive plan. (d) Will not result in undue traffic conges- 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) Will be appropriately designed, in- cluding setbacks, heights, parking, Supp. No. 14 1690 ZONI\G AND DEVELOPMENT § 26-6 bulk, buffering, screening and land- and shall decide to sustain, amend or reject scaping, so as to be in harmony and the planning commission decision, with its compatible with character of the sur- decision being based upon all evidence pre- rounding areas and neighborhood, es- sented and the planning commission record, pecially with adjacent properties. with due consideration of the criteria for (D Will not overburden the capacities of review. the existing streets, utilities, parks, (6) Enforcement. All conditions and stipula- schools and other public facilities and tions imposed by the planning commission services. or city council shall be maintained in per- (4) Planning commission review. Planning com- petuity with the special use. If at any time mission shall hear and consider any evi- the stipulations or conditions are not ad- dence or statement presented by the appli- hered to or are found to have been materi- cant, city staff, or by any person in ally altered in scope, application or design, attendance at the hearing. The planning the zoning administrator shall notify a code commission shall then decide to a prove, enforcement officer of the nature of the vi- p approve with conditions, or deny the appli- olation(s) and the code enforcement officer cation, basing its decision upon the facts shall initiate standard enforcement proceed- presented in the public hearing in consid- ingr' eration of the criteria for review as speci.(B) Special Uses: Special uses are discretionary fied in subsection (3) above. Planning com- uses w i are clearly shown to be void or defi- mission may impose conditions or cient in an area and which, if properly designed, stipulations, which may include physical de- developed, operated and maintained, may be ap- sign as well as operational and mainte- proved for any specific location within a zone dis- nance considerations, upon the conditional trict wherein the special use is enumerated. Spe- use in addition to standard development and cial uses are highly dependent upon proper design, use regulations which apply within a par- management and operational aspects; therefore, ticular zone district or for a similar "per- such uses must be considered as a personal grant mitted use." Such conditions or stipula- of use granted to the owner of the special use and tions may be imposed in order to ensure not as a grant of a vested property right which compliance with the criteria for review, transfers with the land or lease. The only time a which, if not complied with, shall be special use permit may be transferred to a new . grounds for revocation of the conditional owner without reapplying for approval is through use. inheritance by an heir. The primary issues which (5) Appeal. An applicant or any aggrieved the planning commission and city council shall , property owner within sir hundred (600) address are those related to justification of need feet of the subject property may appeal the and those-special design and operational consid- , decision of the planning commission to city erations which mitigate potential detrimental im- council by filing such appeal, along with an pacts of a special use on surrounding land uses, explanation for the appeal, with the Wheat the street system, or public services or facilities. Ridge City Clerk within ten (10) working In order to protect the public interest, the plan- days after the date of the planning commis- ning commission and city council shall have the sion hearing. Upon such appeal, a public right to approve, approve with modifications or hearing shall be scheduled before the city deny a special use request and to revoke previ- council, following the same public notice ously approved special use permits pursuant to requirements and procedures set forth for subsection (6) hereof. the planning commission hearing. City (1) Applicability. The requirements of this sub- council, in addition to consideration of the section shall apply to all uses listed as "spe- planning commission record, shall hear ad- cial uses" within the provisions set forth ditional evidence and testimony presented, for any particular zone district. Supp. No. 14 1691 § 26-6 WHEAT RIDGE CITY CODE (2) Application form and review procedures: 7. Proposed site development ele- (a) Prior to submitting any application for ments, including general building envelopes, landscape/open space a special use permit, the applicant shall buffers, parking and loading areas, be required to hold a neighborhood and outside work, storage or dis- input meeting (see subsection (F)(1) for play areas. requirements). 8. Site data table, including gross and (b) Special use applications shall be origi- net lot area, maximum building nated only by the prospective owner of coverage, maximum floor area of the proposed special use, with written buildings, landscape/open space approval of the fee owner of the prop- parking area, maximum area, in cases where the owner of the building height, etc. property is different than the owner of the proposed special use. Both the spe- (e) Upon receipt of a complete application cial use owner and the land owner, or packet as described above, the plan- their legal representatives, must be ning and development department present at all public hearings. shall proceed with the following pro- (c) Application shall be submitted on forms cess: provided by the department of plan- 1. Refer the application to affected ning and development and shall be ac- public agencies for review and com• companied by a copy of the property ment. deed, a certified survey and a fee of one 2. Within thirty (30) days of accep- hundred dollars ($100.00). completed application a Lance (d) All applications shall also be accompa- , gi ve notice of a scheduled packet, nied by a site development plan and public hearing on the application additional written information in suf- publication, letter newspaper ficient detail to convey the full intent notification and no posting in the of the applicant in developing, oper- manner as provided in subsection ating and maintaining the special use. . The site development plan shall meet 3. P Preprepare a written report and rec- the following minimum requirements: ommendations to the planning ing 1. Sheet size: 8.5 x 11 inches min- commission, which evaluates the imum. proposal and makes findings using 2. Scale and north arrow, the following review criteria set 3. Property boundaries and lot lines forth in subsection (3) below. with dimensions. (3) Criteria for review. Before a special use is 4. Existing and proposed public street the applicant shall show, and the approved rights-of-way, public easements, ir• , planning commission and city council shall rigation ditches, drainage ways the proposed special uses: find and other easements affecting the , site. (a) Will meet a proven public need in that 5. Existing and proposed public im• it will fill a void in necessary services, provements within and adjacent to products or facilities especially appro- the site, including curbs, gutter, priate at the location proposed, consid- sidewalk, street pavement, ering available alternatives. drainage improvements, street (b) Will not have a detrimental effect upon lights, etc. the general health, welfare, safety and 6. Existing and proposed street ac- convenience of persons residing or cess points or curb cuts and dimen- working in the neighborhood of the pro- sions thereof. posed use. Supp. No. 14 1692 ZOil°rNG ARID DEVELOPMENT § 26.6 (c) Will not create or contribute to blight recommendation for denial shall be consid- in the neighborhood by virtue of phys- ered final, unless the applicant files an ap- ical or operational characteristics of the peal to city council. proposed use. ' council review. City council shall re- City (5) Will not adversely affect the adequate (d) and decide upon all requests for v iew light and air, nor cause significant air, spe- cial uses upon recommendation of the plan- water or noise pollution. (e) Is consistent with the comprehensive ning commission for approval or upon plan. appeal by an applicant of a recommenda• (f Will ll not result in undue traffic conges- tion for denial by the planning commission. or traffic hazards or unsafe tion Special uses may only be approved by pas- ' , parking loading service or internal sage of an ordinance, following the city s , , traffic conflicts to the detriment of per- standard ordinance adoption procedures. sons whether on or off the site Notice of public hearing shall be in the . (g) Will be appropriately designed in- manner provided in subsection 26.6(F)(1). , cluding setbacks heights parking City council, in addition to consideration of , , , , buffering screening and land, bulk, the planning commission record, shall hear , bee harmony and scaping so as in harmony additional evidence and testimony pre- , compatible with the character of the sented, and either pass, pass with modifi- surrounding areas and neighborhood cations, or deny the ordinance, its decision , especially with adjacent properties. being based upon all evidence presented, (h) Will not overburden the capacities of with due consideration of the criteria for the existing streets, utilities, parks, review. schools and other public facilities and In the event of a protest against such spe- services. cial use permit, signed by the owners of (4) Planning commission review: The planning twenty (20) percent or more of the area: commission shall hear and consider any ev- a. Of those immediately adjacent to the idence or statement presented by the appli- rear or any side of the property, ex- cant, city staff, or by any person in atten- tending one hundred (100) feet from the dance at the hearing. The planning property; or commission shall. then make a recommen- b. Of those directly opposite across the dation to city council to approve, approve street from the property, extending one with conditions, or deny the applicatidn, hundred (100) feet from the street basing its recommendation upon the facts frontage of such opposite property. presented in the public hearing in consid- eration of the criteria for review as speci- Such special use permits shall not become fied in subsection (3) above. Planning com- effective except by the favorable vote of mission may recommend conditions or three-fourths of the entire city council. stipulations, which may include physical de- Where land which is adjacent or opposite, sign as well as operational and mainte- as defined above, is owned by the city, such nance considerations, upon the special use property shall be excluded in computing the in addition to standard development and required twenty (20) percent, and owners of use regulations which apply within a par, noncity land within the one-hundred-foot ticular zone district or for a similar "per- limit, as defined above, shall be considered mitted use." Such conditions or stipula- adjacent or opposite despite such inter- tions may be recommended in order to vening city land. The written protest to such ensure compliance with the criteria for re- special use shall be submitted to the city view, which, if not complied with, shall be council no later than the hearing on the grounds for revocation of the special use. A proposed special use permit. Supp. No. 14 1693 $ 26-6 WHEAT RIDGE CITY CODE (6) Enforcement. All conditions and stipula- tions imposed by city council shall be main- tained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall no- tify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate revocation proceedings which shall include the following. (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the pre- scribed correction date, the zoning ad- ministrator shall schedule a revoca- tion hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the con-. ditions which apply to the special use permit. Any revocation action shall be- come effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continu- ance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the- date of the continued hearing, should the councilfind that the conditions and stipulations have not been satisfacto- rily met, council shall adopt the revo- cation ordinance. (7) Nonconforming special roses: Notwith- standing the provisions of section 26-7, any special use which is nonconforming to the provisions of this subsection 26.6(B) by way of not having received approval of a special use permit under prior rules and proce- dures shall terminate or shall otherwise be- come conforming to these provisions within five (5) years of the date that such noncon- forming status became effective. In addi- tion, within this five-year amortization pe- riod no nonconforming special use shall change ownership without coming into con- formance with this subsection 26-6(B). All other provisions of section 26-7 shall apply. (C) Change of Zone (Rezoning). A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehen- sive Plan and promotes the general welfare of the community. If a proposed amendment is not con- sistent with the comprehensive plan, then the re- quest may only be approved if the applicant dem- onstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the ex- isting zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1) Mapping errors, including in- correct boundary location or incorrect zone desig- nation; or 2) Ordinance errors, including incorrect zone designation, legal description error, or typo- graphical errors. The final determination as to a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are hereby ad- vised and informed that there is no right to a change of zone of property. (1) Applicability: The requirements of this sub- section shall be applicable throughout the boundaries of the City of Wheat Ridge and Supp. No. 14 1694 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS RELATING TO THE REVIEW PROCESS FOR CONDITIONAL USE PERMITS WHEREAS, the City Council desires to require public hearing before the Council and action by the Council on requests for conditional use permits; and WHEREAS, the Council wishes to subject approved conditional use permits to the legal protest process applicable to rezoning and special use permits. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Article 1, Sec. 26-6(A) is amended to read: 26-6. Legislative and administrative process and procedure. This section sets forth the procedural and substantive requirements which apply to the various administrative and legislative processes established by this code, and as may be requested by other city ordinances and/or state law, where applicable. (A) Conditional Uses: Conditional uses are permitted uses which are subject to review to ensure that they are properly designed, developed, operated and maintained so as to be appropriate for specific locations within a zone district wherein the conditional use is specifically enumerated. The primary issues which the planning commission AND THE CITY COUNCIL shall address are those special design considerations which mitigate potential detrimental impacts of a conditional use on surrounding land uses, the street systems, or public services or facilities. In order to achieve compatibility, the planning commission, and city council upert peal, shall have the right to approve, approve with modifications, or deny a conditional use request. (1) Applicability. . . . GED\57027\173420.1 (4) Planning commission review. Planning commission shall hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the hearing. The planning commission shall then cleeide MAKE A RECOMMENDATION TO CITY COUNCIL to approve, approve with conditions, or deny the application, basing its decision upon the facts presented in the public hearing in consideration of the criteria for review as specified in subsection (3) above. Planning commission may impose RECOMMEND conditions or stipulations, which may include physical design as well as operational and maintenance considerations, upon the conditional use in addition to standard development and use regulations which apply within a particular zone district or for a similar "permitted use." Such conditions or stipulations may be impesed RECOMMENDED in order to ensure compliance with the criteria for review, which, if not complied with, shall be grounds for revocation of the conditional use. A RECOMMENDATION FOR DENIAL SHALL BE CONSIDERED FINAL UNLESS THE APPLICANT FILES AN APPEAL TO CITY COUNCIL. (5) CITY COUNCIL REVIEW. CITY COUNCIL SHALL REVIEW AND DECIDE UPON ALL REQUESTS FOR CONDITIONAL USES UPON RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OR UPON APPEAL BY AN APPLICANT OF A RECOMMENDATION FOR DENIAL BY THE PLANNING COMMISSION. CONDITIONAL USES MAY ONLY BE APPROVED BY PASSAGE OF AN ORDINANCE, FOLLOWING THE CITY'S STANDARD ORDINANCE ADOPTION PROCEDURES. NOTICE OF PUBLIC HEARING SHALL BE IN THE MANNER PROVIDED IN SUBSECTION 26-6(F)(1). CITY COUNCIL, IN ADDITION TO CONSIDERATION OF THE PLANNING COMMISSION RECORD, SHALL HEAR ADDITIONAL EVIDENCE AND TESTIMONY PRESENTED, AND EITHER PASS, PASS WITH MODIFICATIONS, OR DENY THE ORDINANCE, ITS DECISION BEING BASED UPON ALL EVIDENCE PRESENTED, WITH DUE CONSIDERATION OF THE CRITERIA FOR REVIEW. IN THE EVENT OF A PROTEST AGAINST SUCH CONDITIONAL USE, SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR MORE OF THE AREA: A. OF THOSE IMMEDIATELY ADJACENT TO THE REAR OR ANY SIDE OF THE PROPERTY, EXTENDING ONE HUNDRED (100) FEET FROM THE PROPERTY; OR B. OF THOSE DIRECTLY OPPOSITE ACROSS THE STREET FROM THE PROPERTY, EXTENDING ONE HUNDRED (100) GED\53027\ 178420.1 -2- FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE PROPERTY. CONDITIONAL USE SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF THE ENTIRE CITY COUNCIL. WHERE LAND WHICH IS ADJACENT OR OPPOSITE, AS DEFINED ABOVE, IS OWNED BY THE CITY, SUCH PROPERTY SHALL BE EXCLUDED IN COMPUTING THE REQUIRED TWENTY (20) PERCENT, AND OWNERS OF NONCITY LAND WITHIN THE ONE-HUNDRED-FOOT LIMIT, AS DEFINED ABOVE, SHALL BE CONSIDERED ADJACENT OR OPPOSITE DESPITE SUCH INTERVENING CITY LAND. THE WRITTEN PROTEST TO SUCH CONDITIONAL USE SHALL BE SUBMITTED TO THE CITY COUNCIL NO LATER THAN THE HEARING ON THE PROPOSED CONDITIONAL USE. {g (6) Enforcement. All conditions and stipulations imposed by the city council shall be maintained in perpetuity with the speeial CONDITIONAL use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall notify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall initiate standard enforcement proceedings. 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. Severabilit • 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 4. 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 , 1997, 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 , 1997, at 7:00 GEM53027\178420.1 -3- f: 1::~wO"► L, PET CREMATION SERVICES "Y V March 14, 1997 m Mr. Glen Gidley Planning & Development Dir. The city of wheat Ridge 7500 W. 29th Ave Wheat Ridge, CO 80215 RE: Proposed amendment to light industrial zones and regulations - Case No, ZOA-97-1 Dear Mr. Gidley, I am sorry that I will not be able to attend the planning commission meeting on Thursday March 20, 1997. I would like this letter to be read during the meeting, if possible. I operate a pet cremation business at 12000 W. 52nd avenue, Wheat Ridge, CO. Pro-Vet provides both private and communal animal cremations for our customers in the west metro area. We are the only service in this area. The alternatives for animal disposal are the landfill or the rendering plants. We believe our company provides a valuable service to the residents of the west metro area. Our customers are the public and the veterinary clinics in our geographical area. We began our service in 1996 after completion of our new building and equipment dedicated to providing this service. Before I purchased this property, 3 1/2 years ago, I met with Meredith Reckert and John Eckert to confirm that the z v:a=g was proper for our pet y ma`- 4 on _ business I was told by both parties that this was the correct zoning and was given copies of the zoning requirements. In the beginning of 1996, we demolished the rental building on our property and began construction of our new 2 story building for the pet cremation service. Before we obtained our building permit, I met again with John and Meredith to confirm that the zoning was proper. We began construction on our building, necessary permits and began to use the obtained. facility 12000 West Wheat Ridge, (303) 403-1647 (303) 423-5110 Fax summer of 1996. We built the building specifically to house our cremation equipment, nothing is outside or in the view of the public. The cremation units are state of the art, fully permitted by the State of Colorado. They operate cleanly with no odor, smoke, or visible emission. Each unit fully complies with State and Federal EPA regulations. Similar units are installed at Table Mountain Animal Control Facility in Jefferson County. The process is the same that is used for human crematories such as the unit at Crown Hill. At present, we have an investment of over $ 300,000 in building and equipment that cannot be written off in a 5 year amortization schedule. Our business is such that we cannot pick-up our equipment and move it to a new location. This would be a great cost. If the new amendments would make our business non conforming, then I feel that it would be a great disservice to our customers and to myself as a small business owner. In addition, our business does not encourage or increase traffic flow in our area. We have one truck that we use for pick-ups from the veterinary clinics. Our facilities are clean and animals are stored in freezers until they are cremated. There is no open or visible storage. The cremation systems operate quietly, completely within our building. I am a person of limited funds. I cannot afford to move our business in 5 years time. That would impose a severe economical hardship on me and our employees. If someone is interested in seeing our facility in operation, please call and I would be glad to conduct a tour. Sincerely, -VET PET CREMATION SERVICE Ken elmain General Manager/Owner MEMORANDUM OF WHEAT a ? To: Planning Commission U m From: Glen Gidley, Planning & Development Director Re: Case ZOA-97-O1: Industrial Zone District Amendments and co oRPOo Related Discussion Regarding Special, Conditional and Permitted Uses Date: March 12, 1997 At your March 6th meeting, you continued Case ZOA-97-01 to the March 20th agenda for general discussion in a Study Session format with the Public Hearing being continued to April 3rd. The purpose of your continuance was as follows: To allow direct notification by certified letter to the owners of Light Industrial (I) zoned properties of the proposed amendments and the March 20th Study Session regarding such amendments. Notification has been completed as per the attached correspondence. 2. To consider, in greater detail, the implications of those proposed amendments in light of alternative and coincidental revisions that may be needed regarding the broad categories of uses, i.e., Special Uses, Conditional Uses, and Permitted Uses. The broader issues involving "Special Uses", "Conditional Uses", "Permitted Uses", and related procedures for each is a complex, interrelated set of issues which need broader examination and understanding. Pursuant to the Zoning Code, Section 26-6: "PERMITTED USES" are uses which are allowed by right provided that all of the "development and use regulations" of the particular zone district are met. These are Staff "ministerial" approved uses. The same applies to "Permitted Accessory Uses". 2. "CONDITIONAL USES" are permitted uses which are subject to site plan review at a Public Hearing by the Planning Commission to ensure that they are properly designed, developed, operated and maintained so as to be appropriate for the specific location proposed considering surrounding uses, streets, public services, etc., (Section 26-6 (A)). The Planning Commission may impose conditions upon the site plan and use to assure these things. Appeal is to City Council. Approval is by a simple motion. City Council has recently directed the City Attorney to draft an amendment to Conditional Use Procedures (Section 26-6 (A)) to make them the same as Special Use Procedures. (Copy attached.) "SPECIAL USES" are "discretionary" uses which require Public Hearings before the Planning Commission and City Council and approval by adoption of an Ordinance. This is exactly the same process as a rezoning and is subject to legal protest. At your January Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 2 16th meeting, you reviewed that section of the Zoning Code (Section 26-6(B)) which deals with the "procedural" aspects of Special Uses. I have included a copy of the Staff memorandum and attachments from that meeting for your review. The specific proposal in Case ZOA-97-01 is to amend the Light Industrial District Regulations so as to move a set of Permitted uses, "all uses allowed in the Commercial-Two District", to the Special Uses category. If this amendment is approved, then all future Commercial-Two uses in the Light Industrial Zone (I) would be subject to Special Use review and procedural requirements. Additionally, existing Commercial-Two uses currently located in the "I" zone will be considered "Nonconforming Uses" subject to the provisions of Subsection 26-6 (B)(7) which requires elimination or compliance within five (5) years. Based upon discussion by the Planning Commission at prior meetings on this subject, it appears that the Planning Commission has concern regarding two specific components of the Special Use provisions as they would apply not only to the "I" zone, but generally to all zone districts: Those concerns can be summarized as follows: 1. CAPITAL INVESTMENT: Those Special Uses which require significant capital investment in permanent structures and site improvements which are designed so as to accommodate a specific type of use and which cannot easily be converted to a wide range of permitted uses should not be subject to the "personal grant" provisions of the Special Use provision. Instead, those Special Uses should vest with the property. 2. NONCONFORMING: The provisions of Subsection 26-6 (13)(7) requiring Nonconforming Special Uses to either be eliminated or comply within five (5) years is not only inconsistent with recent changes to the general nonconforming use provisions of the Zoning Code (Section 26-7), it also is ill-conceived considering the above stated capital investment concerns. There are many uses which are now, or will be in the future, Nonconforming Special Uses which have substantial capital investment in site improvements and structures which cannot easily be converted to permitted uses. POSSIBLE SOLUTIONS City Council has expressed legitimate concerns that "I" zoned land is being converted to uses which are undesirable because of the potential negative impacts of those uses. Those impacts include large trucks and equipment, outside storage and operations, semi- truck traffic, and unsightliness. They are concerned that residential neighbors do not have an opportunity to review plans and comment upon those plans and if necessary, oppose the proposal. Council's solution was to rezone all "I" zoned property to Planned Industrial Development (PID) and eliminate the "I" district completely, thus, forcing future users to submit to a rezoning and outline plan/final plan type of review. This Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 3 solution may not be effective because of the legal protest rights of individual owners of "I" zoned properties and because there would be no approved plan in place as is required by the Planned Development Regulations. 2. The Planning Commission is considering an alternative solution which tries to address Council's major concerns by placing the most objectionable uses (those allowed by right in the Commercial-Two zone) in the Special Use category. However, the Planning Commission is concerned regarding the previously mentioned Special Use provisions limiting approval to a "personal grant of use" and applying the five-year amortization provision on nonconforming Special Uses. 3. Staff recommends that prior to adopting Case ZOA-97-01, revisions to the Zoning Code be adopted which accomplishes the following: A. Amends Section 26-6 (B) Special Uses to eliminate the "Personal Grant" provision, and the five-year amortization provision. B. Amends Section 26-6 (A) Conditional Uses to read substantially the same as the current Special Use provisions by including the "Personal Grant" provision and approval by Ordinance process. I would recommend against the five-year amortization provision however because of the inconsistency issues. C. Amends all zone districts by realigning the various uses into "Special", "Conditional", or "Permitted" Uses based upon the nature of the use and related site improvements and the degree of desired public input. To illustrate this concept, I offer the following examples: Example 1: In the Commercial-One District, "automotive body and paint shops" are currently listed as a Conditional Use (Section 26-22(D)(1). Because this use requires specialized facilities with substantial capital investment, I would recommend shifting this use to the Special Use category. Thus, the business could transfer ownership without going through a rezoning type hearing, however, the conditions of the original approval would still apply to the new owner. The new owner will know these conditions, as the plan and ordinance would be recorded against the property title. Example 2: Also in the Commercial-One District, "itinerant sales....." is listed as a Special Use (Section 26-22 (E)(5)). First, I'm not convinced that this use should not be reclassified as an "Accessory Use" and permitted on a ministerial basis, but if you and Council want greater control of these uses, then recognize the non-permanent, low investment character of this use, and clarify it as a Conditional Use under the new definition, thus it vests with the owner/operator rather than with the property. Memorandum - Planning Commission March 12, 1997 RE: Case No. ZOA-97-01 Page 4 Example 3: In the Agricultural-One zone district, "greenhouses" currently are listed as Special Use, which currently ties the use approval to the owner/operator versus vesting with the property. Because greenhouses are uniquely designed to accommodate only the indoor growing of plants, the site improvements are not easily or cheaply modified to accommodate other permitted uses in the district. In this case, I would recommend leaving the use as a Special Use under the revised provisions which vests the use with this property rather than the owner/operator. This is not a simple, expeditious exercise as each zone district will need to be fully reviewed and the uses realigned into the appropriate use categories based upon the new category definitions and procedural requirements. This could take several months of Study Sessions with the Planning Commission before Public Hearings on the final proposals. Because of this, it may be advisable to recommend Council adopt a six-month moratorium on issuance of building permits and/or use permits for uses in the Light Industrial Zone District which are most objectionable, such as Commercial-Two uses and above.. Attachments The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 Wheat Ridge City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 MEMORANDUM TO: Owners of Light Industrial (I) Zoned Property FROM: Glen Gidley, Planning & Development Director RE: Proposed Amendment to Light Industrial Zone Rules and Regulations/Case No. ZOA-97-1 DATE: March 10, 1997 The Wheat Ridge City Council hLS initiated amendments to the Light Industrial Zone (1) District Regulations which may significantly affect the potential use of your property and may cause your current land use to become NONCONFORMING. The Wheat Ridge Planning Commission has directed that all owners of land currently zoned Light Industrial (1) be notified of this proposal by this mailing and to inform you that the Planning Conunission solicits your input either in person or in writing, at a Study Session which the Planning Commission will hold as follows: March 20,1997 Thursday, at 7:30 p.m. Wheat Ridge City Hall Council Chambers 7500 West 29th Avenue Wheat Ridge Please call Glen Gidley, Planning and Development Director at 235-2844 with questions. C, RECYCLED PAPER OFFICIAL ZONING MAF NHEAT RIDGE COLORADO MAP ADOPTED June 15, 1994 Last Revisan: January 9, 19% 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DE5IGNATE5 OWNERSHIP). 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Z22 0~ Oc5 ~2 ZS 12 ~ L ri e s l ncl.LL~ St~ ace, Z l nom c(z, 61. COQ , 3~ 1221 OD I bo I 1~3o ti-) ,11~., 55 Zq Sqn (na.-6c-o CA 9YgD3 Ca _ _ _ W 44TH AVE OFFICIAL ZONI N6 MAP l~ HEAT R I DC E COLORADO MAP ADOPTED Ame 15, 1994 Lmt Re%ieim: September 16, 19% i i 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE • DENOTES MLTIPLE ADDRESSES NW 23 xatm o m® 5../J = I'-4W q,a3a DEPMPlefT OF P AM% Alm DEV9APMEHT - Z5-2M L: \DRAWINGS\PLANNING\DS\NW23 Z 3 Z, _bC~ ~S p, I n ue~-fine-c ~~~s &--C)33 k~js Yp G - 232 - ~ - L-~D'-l~-,~ f~- 3q,232 - W- Doi &AS-D IV -11 P -L i 0 U Z O N ~LL LL OFFICIAL ---ZONE DISTRICT BOLINDRY ZONI N6 MP - (DES; NAL RRHIP) WHEAT I DOE "-CITY LIMIT LINE COLORADO r DENOTES WATER ~pLE ADDRESSES MAP ADOPTED, Jme 15, 1994 Last. Revision: SePtember 20, 1996 - DFARTHD(r GP FLfiMN6 AND DDEXP IERr - 255-2852 L:\DRAWINGS\PLANNING\QS\SE17 5E ~-7 o w wed SCALE 1'=400 ~-goo ,5D _ 8D33. 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Addressee's Address - - (ONLY if requested and fee paid) PS FORM 3800 6. Signature: (Addressee or Agent) Cn R' C3 ru -0 M m Ir d POSTAGE RETURN SHOW TO WHOM. DATE ANO RESTRICTED RECEIPT ADDRESS OF DELIVERY DELIVERY CERTIFIED FEE+ RETURN RECEIPT .SERVICE TOTAL POSTAGE AND FEES SENT TO: NO INSURANCE COVERAGE PROVIDED - NOT FOR INTERNATIONAL MAIL Jolm Mayer 10750 W. 47th.Ave. w'3ieat Adger C 80033 2M-97-2 PS FORM 3800 US Postal Servic _SENDER:.._ I I ~ Q- RETURN RECEIPT SERVICE F r r T SENT TO: ru -0 e a T rea 4980 1 wbmt Ir IM PS FORM 380 c L F-1 MV l0 PEE N ~ II rri n m * gc N co 0 complete items I and/or 2 for additional services. I also \ name and address on the reverse of. this. form sd that we we return this card e for T to the front of the ma Iplece. or on the back if spaca does not permit Re'y?eryHwdl show to Whom the article was delivered and the. date delivered- 6. Sign Ir see ifggs , PS FORM 3817, Jan uyi 199 to receive.the~- s (for an extra fee): sees Address ted Delivery - SENDER: i I also wish to receive the . complete aems 1 and/or 2 for additional services. ' following services (for an extra fee): 1 RETURN POs • Print your name and address on the reverse of this form so that we can return this card ~ 11 Addressee's Address ~ RECEIPT oo to you. . Atlwh this form to the front of the mailpiece, or on the back if space does not permit 2. ❑ Restricted Delivery ' ru SERVICE cea .The Return Receipt will show to whom the article was delivered and the date delivered. CORSUt postmaster for fee. ,I . 1 ToTP 3. Article Addressed t¢ 4a. Article Number i o SENT TO P 963 362 092 ru Linda i3"amn I -g Linda L 11771 W. 49 AVo. , 4b. Service Type m . 11771 % gloat Rimer Co 30033 CERTIFIED Meat P ai _ IT VW.-97-1 7. to of Delivery d Zip 97 ' ' 5. Re eived'6y( mt Name) d ess Ad LY if /Rp and fee paid.) PS FORM 3800 v 9 . Signature: (Addressee or Agent) b X PS FORM 3811, January. 1996 _ Doni25#.1C1 rn Receipt Smr.rors. ^ -`Complete items 1 and/or 2 far additional services. I also wish to receive the l •Print your name and address on the reverse of this form so that we can return this to roo card following services (for an extra fee):_.' Pos . 1. ❑ Addressee's Address ,I RETURN Sno' • Attach this form to the front of the mailpiece, or on the back if space does not permit. npol 2. ❑ Restricted Delivery RECEIPT • The Return Receipt will show to whom the article was delivered and the date delivered. °Ep' Consult postmaster for fee SERVICE 3. Article Addressed t¢ - . 4a. Article Number Co TOTP M seNTTO: f "n a P 963 362 084 12000 W 5 1 ru , c p,%tau e 4b. Service Type -0 Ken 1, c 30033 1200-1; X CERTIFIED m , r 97-1 ➢hm, Qom., , 7. Date of Deliv ry Z G. 5. Received By: (Print Name) - 8. Ad re see' Address (ONLY if requested and fee paid) PS FORM 3800 6. Signature: dresse ent) X PS FO 38 anuary 1996 Domestic Return Receipt 1 ~.t ,SENDER: I also wish to receive the i ^ ^ ^ services. r Complete item 1 and/or 2 for h services (for an extra fee): i following e re Pd?FPrint your name and address on on the reverse of this form so that we can return this and ❑ Addressee's Address 1 1 i RETURN RECEIPT you. n • Attach this form to the front of the mailpiece, or on the back if space does not permit. . 1 2. ❑ Restricted Delivery SERVICE C • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. U1 T. 3,Article Addressed to: 4a. Article Number C3 SENT TO lit Trujillo' P 9 6 3 3 6 2 0 8 5 ' 119513 Wo 52 4mue _ 4b. Service Type m t. -144W 1 >OW A 0Q33 5 1199 G CERTIFIED M meat ° 97-1 7. Date of D liver 3 ci ? n ZCA"'9 5. Received By: (Print Name) - r 8. Addressee's Address - - - - (ONLY if requested and fee paid.) PS FORM 3800 6. Signature: Addressee or Age X c ' - Ps FORM 3811, January, 11996 Domestic' Return Receipt m C3 rD M M .n 0" a L!. . 3 edi t td &40, 0') € 0133 5f X CERTIFIED 7. Dj of Delivery b PS FORMS 1: , January 1+6 - °-~"y - Domestic Return Receipt SENDER: Complete items 1 and/or 2 for additional services. J also receive the wish, also tto: 1- aoe % • Print your name and address on the reverse of this form so that we can return this rayon. card fliidving (for an Services extra fee): 1. ❑ Addressee's Address RETURN -ApC . Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RECEIPT cer . The Return Receipt will show to whom the article was delivered and the date delivered, Consult postmaster for fee. SERVICE ,or 3. Article Addressed t¢ . 4a. Article Number , C3 SEtvT TO. tuna Sonsalogsxt P 963 362 087 ' } f1J t:/o tt , 4b Service Type Hmm 8035 -149WMn t. ✓ C ' _ m C/o ,i 30£15 CERTIFIED T 8035 r Er at`Vt'& ZCLA-97-1 T Date of'",~/(Qteliv~eryll Q 0 ru m m .D 0" M RETURN RECEIPT SERVICE . Complete items 1 and/or 2 for additional services. I also wish to receive the - - . Print your name and address on the reverse of this form so that vie can return this card following services (for an extra fee): MSrAGe to you' I. ❑ Addressee's Address srvow . Attach this form to the front of the mailpiece, or on the back it space does not permit. 2. 1:1 Restricted Delivery m A°oaes=. • The Return Receipt will show to whom the article was delivered and the date delivered. CORSUt Postmaster for fee. ceannEQ 3. Article Atldressetl to: TOTAL Ec 4a. Article Number P 963 362 086 3199€3 vtr. ~ -Avenue bent h Meat Filid3e, 00033 11950 W. Meat rd 23'X-1' ZOA-97-2 5. Received By: (Print Name) PS FORM 3800 6. Signature: (Addressee or Agent) rZ ,.91 5. Received By: (Print Name) PS FORM 3800 6. Signature: (Addressee or, RETURN RECEIPT SERVICE PS FORM 380C 6. Siggnaturre. PS FORM 3, 4b. Service Type X CERTIFIED 7. Date of elive y 3 a S. Addre see' Address - (ONLY if requested and fee paid) ' I Addressee's Address (ONLY if requested and fee paid.) PS FOR 11, January 1996 Domestic Return Receipt . Print your name and address on the reverse of this form so that we can return this card following services (for an extra fee): [-A.~- to you. 1. ❑ Addressee's Address • Attach thisform to the front of the mailpiece, or on the back if space tloes not permit. 2. ❑ RBStrlCfed Delivery The Return Receipt will show to whom the article was delivered antl the date deliveretl. Consult postmaster for fee. 3Article Addressed to- 4a. Article Number L iao.m Pascal P 963 362 088 `•;iJ :a"il',3:3g 4b. Service Type eived By: (Print Name) or and fee paid.) l POSTAGE 1 - I RETURN sNOw TO wHOnn D RECEIPT ATE AND RESTRICisL ADDRESS OE DELIVERY DELIVERY \ I ERtI FEE -RETUnm at CaiPT SE RVICE C FIED TOTAL POSTAGE AND FEES ~ NO INSURANCE COVERAGE PROVmED- 1~a~ NOT SENT TO FOR INTERNATIONAL MAIL 1 s fll / M a' 165 axcuey st. Ell Livia code CD 30226 Er s c - PS FORM 3800 US Postal Servic 'y ((o~,^N A.j U ` V tGii v = Y I~~ rij i - -i-- ^J SENDER: I-also wish to receive the ,,4 POSTAGE " Complete items i and/or 2 for additional services, fOIIOWIng services (for an extra tee) RETURN show To wRC . Print your name and address on the reverse of this form so that we can return this cab ADDRESSoEL 1. ❑ Addressee's Addr RECEIPT ess ,~.'y to you. CERTIFIED FEE Attach this form to the front of the mailpiece, or on the back if space does net permit 2. ❑ Rest rlcted Del Very s, SERVICE M ToiAL POSiACI • The Return Receipt will show to whom the atllcle was delivered and the data delivered. Consult POStmaster for fee ;j ED NO INSUR. 3. Article Addressed to: 4a. Article Number ' Rif SENT TO: NoTr t P 963 362 080 52 F, R-1 mimm y to 4b. Service Type 165 Dudley., 3,a1veli 00 80226 yaocrr~; CERTIFIED 7. D t of Deli er X97=1 r 0AR 121997 ZOA=97-: - - 5. Received By: (Print Name) - 8. Addressee's Address I (ONLY if requested and fee paid.) PS FORM 3800 6. Signature: (Adore a Agent SENDER: I also wish to receive the F " • Complete Items T and/or 2 for additional services. - following services (for an extra fee) I{e t . Rini your name and address on the reverse of this form so that we can return this Chat to you„ 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RETURN POSTAGE . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. SNOW To v 3. Article Addressed to: 4a. Article Number RECEIPT ADORESSC CERTIFIED Eel SERVICE FYarii>nn vet P 91p3 362 081 -0 TOTAL POS No IN `'O3'i.'~• / 4b. Service Type j E3 SENT TO: Nr ?ava, T 30005 sr CERTIFIED RP F MSM a - ; t 8035 IVerem 7. Date of_ elivery Arvada, C ci 5. Received By: (Print Name) g3T T; 8. Addressee's Address j a ZOAri7$ (ONLY it requested and tee paid.) 1 6. Signat ddress e r Agent) i X 4 PS FORM 3800 X PS FORM 11, January 1996 Domestic;'Return;Receipt _l - POSTAOw SENDER: Complete items 1 and/or 2 for additional services. also wish to receive the _ RETURN SHOW T • Out your name and address oa the reverse of this form so that we can return this card following services (for an extra fee): RECEIPT °paES to you. 1. ❑ Addressee's Address SERVICE OEmFIE • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery -0 TOTAL F: • The Return Receipt will show to whom the add. was delivered antl the date delivered. Consult postmaster for fee. I-3 SENT TO No, 3: Article Addressed to: - 4a. Article Number Rd ADsteX C 010rado Wr P 963 162 082 _n m Pester Ck: , t 16l - 4b. Service Type - C/o coast s, Lax 4372 m lox 4372 Iu3tq~t, 77210, CERTIFIED Houstem, µ 7. Data of Delivery Z08-97-1 MAR 1 4 5. Received By (Print Name) 8. Addressee's Address PS FORM 3800 (ONLY if requested and fee paid.) - 6. Signature: Addressee or Agent) X - PS FORM 3B11, anuary 1996 Domestic Return Receipt to you. - t - tJ Addressees Address j • Po= Attach this form to the front of the mailI?iece, or on the back it space does not permit. 2. El Restricted Delivery RETURN SHr • The Return Receipt will show to who the article was delivered and the date delivered. Consult postmaster for fee ' RECEIPT A°t 3. Article Addressed to . 4a Article Number M SERVICE . N ToT y.~ y.~ }'ic3t,i$S?k?:S .~[2Yt36$S?4'k'!: P 963 362 073 o SENT TO: 4704 is 1ara St. 245 1 4b. Service Type 1 ru Dm vefr, co 34212 Hwaptz X CERTIFIED 1 M 4704 1, f'r1 1 ' envet 7. Date of De ivery I , ar 5. Received By: (Print Name) 8. Addressee's Address a: p rt I (ONLY if requested and fee paid.) t - 6 . Signature (Addressee or Agent) I' PS FORM 380C X k '7/7, _ - - - I SENDER: i • Complete items 1 and/or 2 for additional'sdrvices. - I also wish to receive the • Print your name and address on the reverse of this form $o that we can return this to you. card following services (for an extra fee): _ • Attach this form to the front of the mailpiece, or on the back if space se ❑ Addressee~a AddreSS 1 PO. es not permit. • The Return Receipt will show to whom the article was deliveretl antl the date tleiveretl 2 ' 11 Restricted Delivery RETURN sH . 3. Article Addressed to ns Coult pos tmaster for fee. RECEIPT PD 4a. Article Number m sEavicE _ zaaf tv`. P 963 362 083 co SENT TO X10 ix' 1113,{e1Gt "x• Y V 4b. Service Type 1, 150045 Rn ieaf CERTIFIED m M .D 500 V eiXA 97-1 1 7. Date of r a- a BY: (Print ZOA-51 6. Sigr X PS FORM 380 (ONLY if requested and fee paid.) i . -our, nctul rl S~NDERtems t and/or 2 for additional ..,ices - ~ , . - I alsq Wlsh tQ receive the _ 4010Wing•S9fYI00$(fOr an eXtr1 fee): '-'-'-rT • Pont your name and address an the reverse of this form so that we can return this to you card 1 11 Addressees Address 3 • Attach this form to the front of the ma+lpiece or on the back if space does not permit 2. 13 Restricted Delivery RETURN • The Return Receipt will show to whom the article was delivered and the date deivered CORSUIt postmaster for fee. RECEIPT 3. Article Addressed to: 4a. Article Number - J SERVICE ' P. 963 362 074 o I . " 4b. Service Type I r ll Wei 49~ CERTIFIED 7 M Z06-97-1 7. Date of Delivery - 5. Received BY (Print Name) 8. Addressee's Address j a" (ONLY if requested and fee paid.) I I - 6. Signature: d Ag t)' , PS FORM i X, PS FORm,3814y January 1996. i d Say. ,-L DORIQStIC.RetUFfl Receipt E f ihv C T ~ C ~ 0 3 Z _ y n RETURN RECEIPT -I a o 4 y l17 SERVICE ' / 'q = 1• IE] E a n M SENT TO: `s z 0 .a ru .TC% 'E - i / x O M 32 r~ M -FI ) 17 7JWHOH O N N 0 PS FO <ormr ilar£r ° 9 RM 38 F D ' 4 rt - ro11iro v - Z7 - i 0110 v £ffttlt- F ( ) iD a c/' ' F'. r 01.112-1 rt (D H (n 111 0 ` z 1 r y r r 11 o i \ - 0 0 0i MW g a A I M "D t y C ti RETURN 1 0 \ RECEIPT SERVICE F. co O µ TLO .,i O r rv~~ ^°~m \+Jrl'.. M1 - w zlr w P k \ . n o SENT TO: -i0 . 041 ~u Eno M 14 _I ZV I Lb rri " ! o IU ,0 ! t PS FORM " i+ 1 i L-- Complete items 1 and/or 2 for additional services. I also wish to receive the (f POSTAG'i . Print your name and address on the reverse of this farm so that we can return this card RETURN following services (for an extra fee): j SHOW T to you. DDRE S - 7. ❑ Addressee's Address .RECEIPT . Attach this form to the front of the mailpiece, or on the back if space does not permit. CERTIFY S 2, I] Restricted Deliver ERVICE . The Return Receipt will show to whom the article was deli vered and the date delivered Consult postmaster for fee M1 E3 TOTAL P - 3 Artidle.Addrs aed to SENT TO: "o 4a. Article Number to 33~4~L P 963 362 077 T° P,0. 289851 4b. Service Type P.O d> OD 89228 M on ~ ~ IFIED G a 7, r dy o e o~ive 2 1~7+~ , I 5. Received By (Print Name) - dres A re - - ,e ' O f1~r~ to and fee paid.) ' PS FORM 3800 USPS 6. Signature: ress r Agent) - - - PS FORM, January 1996 - Domestic Return Receipt;. y~ q k l 49i I POSTAGE RETURN ~ ✓ ~ ~ tJ 3 SHOW TO WHOM DATE AND RESTRICTED RECEIPT AODgECS pF DELIVERY DELIVERY (t / r4 SERVICE CERrUIED FEE+RETURN RECEIPT N A M1 TOTAL POSTAGE AND FEES _ p NO INSUnANCE c.VEnAGE PROVIDED - DENT TO. NOT FOR INTERNATIONAL MAIL Jon ~ ru -D Tenant L N F-' PIT 12299 W. 50 Place ~ 1 1Ieet Fddt ie CD $993; rt o j E' 1 It ZCVL 97•-1 - N o ~ PS FORM 3800 US Postal Servic - 8 o SLPIDER: mplete Hems 1 and/or 2 for additional services I also wish to receive the .Pont your name and address on the reverse of this form - so that we can return this cab following services (for an extra fee): i - ~1 ^4 to you. 1. El Addressee's Address POSTAGE . Attach this form to the front of the mailpiece, ar on the bac k if space does not permit. 2. ❑ Restricted Delivery' RETURN SHOW TO • The Return Receipt will show to wham the article was delivered and the date delivered. DDRESS c Consult postmaster for fee L T 3. Article Addressed to.cDRRIHEDT Qa. A rticle NUmbe(' E TOTAL POST j P 963 362 069 C3 SENT TO P.O. 41E. Service Type ru A18ia R9e1 CERTIFIED P.O. 210 rE1 Meat Id ZOA"97-1 - 7. Date of Delivery ~ r 5. Received By: (Print Name) 8. Addressee's Address C` 2,G1-•97-3 - (ONLY if requested and fee paid.) 6 Signat : (Addressee or Agerit)' . PS FORM 3800 X PS FORM 3811, Oahuary 1996 - ` DomgStlC Return Receipt - _ _ T I i - SENDER: - I also wish to receive the I • Complete items 1 and/or 2 for additional services. following services (for an extra fee): _ - • Print your name and address on the reverse of this form so that we can return this to rou. cam] 1. ❑ Addressee's Address I ETURN POSTAGE . Attach this form to the front of the Tailpiece, or on the back if space does rat permit. 2. ❑ Restricted Delivery ECEIPT ! SHOW TO AoDRESS . The Return Receipt will show to. Whom the article Helivered and the date delivered . i. Consult postmaster for fee. SERVICE CERTIFEC 3. Article Addressed to 4a. Article Number C3 r TOTAL PO: P 963 31,2 070 a SENT TO: _ No IN Bill/Loretta 33x' '3E' in I - I-J s F g - - 113125 14, 63 Avenue 4b. Service Type m 8371/3x3 Coldesa,' 80403 CERTIFIED j' 14 125 W. Ci? n, 7. Date o Delive y j 3 ^.t 97-1 11 Q-eL C . 5. Received By: (Print Name) 8. Addressee's Address 1 _ (ONLY if requested and fee paid.) 7"k-1 -3 6. Signature: (Addressee or Agent) j PS FORM 3800 v X j P PS FORM 3811, January 1996 'Domestic Return Receipt SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the following services (for an extra fee): I I. POSTAGE • Print yeur name and address on the reverse of this form so that we can return this to you. card 1. ❑ Addressee's Address j 1 RETURN -HM -T( AoDRES DDR . Attach this form to the front of themailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RECEIPT EIE . The Return Receipt will show to wham the article was delivered and the date delivered. Consult postmaster for fee. Ii ~ SERVICE TOTAL P 3. Article Addressed to: hr y 4a. Article Number C3 C3 ~ SENT TO: NoI P 963 362 071 June m tL h 13871 'a4 10 Ave 4b. Service Type ! , m June :-v . . Golden] 1X7 00401 2.3071 3 N TIFIED M ~ 1:17 - Ccaldet., 8 if`' "97-1 9, 2. d 5. Received By: (Print Name) 8. Ad tea s Addr y Y ues d a Of fee paid.) I . - PS FORM 3800 6 res e nt) 1-- --1; mi1. ..11-11.:-. - - - - - - - 'SENDER: . Complete items 1 and/or 2 for additional services. I also wish to receive the following services (for an extra fee): . Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address _ • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery RETURN POSTAGE ( . The Return Receipt will show to whom the article was ddiverrad and the date delivered. m Consult postmaster for fee RECEIPT SHOW T ADDRES( 3. Article Addressed to: A 0 4a. Article Number ru SERVICE CERTIFIE TOTAL P( ' idan z>k'ta&n P 963 362 072 o SENT TO: NO I. 4850 fss1.~C;3 at. 41b. Service Type `t'•ay' a1t.'si(4er r 30033 _n Alan W CERTIFIED M 4850 Clod Meat R - r%1A 7. Date of Delivery -a -7 M Er 5. Received Byf,eftnt Name) 8. Addressee's Address (ONLY if requested and fee paid.) j. ZIM-97-l _ 6. Sign re: (Addressee or Ag nt) - X PS FORM 3800 PS FORM 3811, January 1996.. D'61T1WlC iEturn. Receipt j POSTAGE N CERTIFIED FEE+RETURN RECEIPT TOTAL POSTAGE AND FEES ] „_"V NOTFORSF~T iNA eIONBI MAIL V FP Ralph DaI ✓Jetsel 12550 W. 4th Ave. Meat Ride, CO 80033 p.. (b ?>OAP-97-1 PS FORM 3800 US Postal Service ..o 0 FU _D m m _D Er 0. • Complete items 1 and/Or 2 far additional services. RETURN POSTAGE . Print yo ur name and address on the reverse of this form so that we can're SHOW m WHOI. you. .RECEIPT ADDRESS OF DE CERTIFIED FEE + 0 Attach this form to the front of the mailpiece, or On the back if space does nOt SERVICE TOTAL POSTAGE . The Return Receipt will show to whom the article was delivered and the data, rvo IrvsursAn 3. Article Add T TO. _ NOT FC bressedblvin Siv'4.+4rvrv to~n ,~esSe~y yq~yvg9 1* vin 12335 W. 98 A& P. 12385 W. A MCI Idd9ar W- 80033 t rat 5. Received By: (Print Name) PS FORM 3800 70AP-97-1 VIZ. 6f~) Addressee's Address I (ONLY if requested and fee paid.) 1 6. Signature: ~dresses or Agent) f PS FORM 3811, Januarr1996 / Domestic. Return Receipt ' ' SENDER: a Complete items 1 and/or 2 for additional services. Ialso wish to receive the " I - POSTAGE following services (for an extra fee): 1 • Print your name and address on the reverse of this form so that we can return this card I 1o you. 1. ❑ Addressee's Address RsHow To w, • Attach this form to the front of the mailpiece, or on the back if space does oat permit. 2. ❑ Restricted Delivery ADDRESS OF CERTIFIED FE .The Return Receipt will show to whom the article was delivered and the data delivered. (ierlSUt postmaster for fee. i j 3. Article Addressed to - - 4a. Article Number -0 TOTAL POSTO I ED sENTro: NDINSO i T1 ~at:t P 963 362 065 rd 7331 W. 41t:h 4b. Service Type Triad Thal 4WI " ,40433 m 7851 W. V i , 1 CERTIFIED I M Vneat Pi(i ?001-97-1 7. Date of Delivery D ZOh-97-1 _ ) o- 5. Received By: (Print Name) 8. Addressee's Address (ONLY if requested and fee paid) y PS FORM 3800 6. Signature: (Addressee or Agent) 1 1 X - ,I - PS FORM 3,8 1, January 1996 1i St f Domestic, Return Receipt "I I L 4 AA GATE o a O J . WN > W Z W W C a 0 00 Q Q. z Op W ~pa W L' 0 N 2 U~ Receipt for Certified Mail o a I also wish to receive the I this card following services (for an extra fee):- { 1. ❑ Addressee's Address. Fit. 2. ❑ Restricted Delivery red. Consult postmaster for fee. 4a. Article Number P 963 362 068 i 4b. Service Type I _I CERTIFIED i 7. SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the - J • Print your name and address on the reverse. of this form so that we can return this to you. cab following services (for an extra fee): 1 ❑ Addressee's Add • Attach this form to the front of the mailpiece, or on the back if space does not permit. . ress 2. ❑ Restricted Delivery WRECEIPTADEPE • The Return Receipt will show to whom the article was tleliveretl and the date tleliveretl. Consult postmaster for fee 3. Article Addressed to: . 4a. Article Number SENT TO: NO S ~ P 963 362 066 ril P.10 ..r 4b. Service Type M A3zvex Pr Arvada, (D ~Rooal 0 Bo ~ CERTIFIED m . . x Arvada, 7. Date of Delivery 9 D' 5. Received By: (Print Name) 8. Addressee's Address BOA 97-1 (ONLY if requested and fee paid.) PS FORM 3800 6. Signatures ( ddressee or Agent) X ce PS FORM 3811,. January 1996 . -Domestic Return Receipt' .S C3 N -0 m m ..D 0' d RETURN RECEIPT SERVICE ENDER: P~ Go late i and/or 2 for honal servic I also wish to receive the es. a r name and address on on the reverse of this form so that we can return this card following services (for an extra s to yoyou , to you. 1. El Addressee's Address m • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. El Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. Tr 3. Article Addressed to: 4a. Article Number F0--L Jay ..avy P 963 362 064 jail 1 8333 z. ion Ede. 'MIS 4b. Service Type - 89'Z LIVAM4001de 0~411, 80111 CERTIFIED fty 7. Date of Delivery 3 5. Received By: (Print Ne PS FORM 380( 6. Signature: (Addressee 8. Addressee's Addre9s (ONLY if requested and fee paid.) - - - - - - PS FORM 381 , January 1996 ! Domestic Return' Receipt 1:-SENDER: a~ • Complete items 1 and/or 2 for additional services. lalso wish to receive the RETURN s • print your name and address on the reverse of this form so that we can return this card following services for an extra fee). I RECEPT to you. 1. ❑ Addressee's Address M SERVICE • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery T • The Return Receipt will show to whom the article was delivered and the date delivered. COOSUt postmaster for fee. C3 SENT TO' 3. Article Addressed to: 4a. Article Number I'Ll inv~3tamat.^> P 9L3 31p2 0 6 3 10330 W x+' tt'i i-w to ar . emle, - 1093. 4b S i T 4q G e. ee Cep 3383:4 . erv ce ype m CERTIFIED a lkf+°~ 7. Date of Delivery i _ 5. Received By:., PS FORM 380, 6. Signatur . (Ac li PS FORM 381 i Name) or 8. Addressee's Address (ONLY if requested and fee paid.) POSTAGE \ SHOW TO WHOM OATI I, CERTIFIED FEE+RETI Z 5 ~e~e5e~ San S PS FORM 3800 U _j. ~ i I )O i 0 ~r rn v 3 i 0 _ _ I also wish to 1/or 2 for additional services. following services • pMrlT yop~;name amd address on the reverse of this form so that We can return this Said PGs taryau' 1: El Addressee's Address RETURN SHO • Attach this form to'the front of the mallplece or on the back. if space does not permit 2. ❑ Restricted Delivery RECEIPT ADDI CER •'[hTIIFZ om gecelpt~Wl Show to whom the article was tle ivered and the date delivered. Consult postmaster for fee. sERVICE 3 Atli (oWl to, - 9a. Article Number OTk C3 SENT TO ~rpe P 963 362 061 nJ 5 Kqy~:yy S 4b Service Type . • nay` r^ 4725 f CERTIFIED M T+hiPd1 !,p DaSe D liv o ess 0. _ 7,C 5 5. Received By: (Print Name) 8. Addres~S Ad cil (ONLY if requested and fee paid.) PS FORM 3800 6. Signature (Addressee or A ent) ,w L- Ps FARM 3811, January; 996 Domestic Return Receipt , ti r V. C O g so RETURN SHOW i = ` tP't; 0 `n ru RECEIPT ADORES OJ o -0 W. OERTIEI O G w M it 'i W\ SERVICE I•^ 0 TOTALP O m LO ru a o SENT TO: Rp _ m L A ~ Cz .0 ILL N v ..Y U ~~.yr V ¢ Si Z q It. T1 m ~ rl a m p-. LX _n .t ruN. l• r ~ r ILL NN Er 01 PS FORM 3800 US Postal Service'' I I aosmcE SENDER: I also wish to receive the f, • Complete items 1 and/or 2 for additional services. - RETURN following services (for an extra fee): SHOVE To .print your name and address an the reverse of this form so that we can return this card ApoRESS'1 to you. t. El Addressee's Address ' RECEIPT CERTIFIED • Attach this form to the front of the mailpiece, or on the back if space does net permit. 2. El Restricted Delivery C SERVICE 111 TOTAL POE a The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. ° NO rv 3. Article Addressed to: 4a. Article Number SENT.TO:_. ru zy.. P 963 362 059 .o FeadyyVERD~ M P.O* c P.O. { s.}`)s''= 4b. Service Type rpm 1 jy?,A`iver,, C-) 80 201 CERTIFIED Er Eli IT Date of Delivery 5. Received By: (Print Name) 8. Addressee's Address .PS FORM 3800 - (ONLY if requested and fee paid.) , J c r.I 6. Signat ddressee A m i Ps o 811; ;danuary 1996 Domestic Return Receipt I RETURN aosT { Fr 9L3 362 058 1 nooF s1 4b. Service Type RECEIRT 4901 y iJ~,-j 4,Aj1 at. - 1 SERVICE R1 li7t Y-'I°ii ~ co 80613, ~ Ln oTti X~. CERTIFIED I, ° SENT TQ. I iiOf"3-sj'f+..1 7. Date of Delivery 1-0 1 ✓`Z~ M 51Received B Print Name MI Cx 8. Addressee's Address ~ rrt (ONLY if requested and fee paid) 6. Signature: (Adds see or Age : WRECEIPTADDR, X Ps FORM 38 y 1999 Domestic ReturR eceipt Er ° SENT TO: at 5055 4b. Service Type -12 m Joe 5055 s 1t3i3G tZ4Y~ C) it~€333 CERTIFIED -0 Wilea SENDER: I also wish to receive the Complete items Land/or 2 for additional services. following services (for an extra fee) s •Print your name and address on the reverse of this form so that we can return this card to you. t. ❑ Addressee's Address -W • Attach this farm to the front of the mailpiece, or on the back it space does not permit 2. ❑ Restricted Delivery PO.. . The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. RETURN sr+, 3. Article Addressed to: RECEIPT. Ac 4a. Article Number - SERVICE s1 is F ~0~ P 963 362 094 4b. Service Type ° SENT TO: - _ #xet&t a f 3'e Ck) 311033 X CERTIFIED M m - 11407 jt' uv x-97-3 7. t_e of Delivery m 1- Er - 5. Received By: (Print Name) 8. Addressee's Address 0' (ONLY if requested and fee pe Z 97 'Il .(Ad dy e0GAd ) yb'N 11 PS FORM 3800 a %PS F 3 11 u 1996 : . a WC ?n Do estic Return Receipt - ® 8~P ~3`3 o% vv o,, C-4-I& C~ w, A CAS Q 0 093, w,~O Planning Commission Minutes March 6, 1997 Page 2 5. APPROVAL OF MINUTES Commissioner RASPLICKA motioned, Commissioner ECKHARDT seconded to accept the Minutes of February 6, 1997, as written. Motion carried 7-0. 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.) There was no one present to speak. 7. PUBLIC HEARING Case No. ZOA-97-01: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, W Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado. In-depth discussion occurred regarding this issue. Director GIDLEY provided an overview of the memorandum and ordinance provided. Director GIDLEY stated that City Council initiated the proposal originally as a recommendation to eliminate from the District Regulations the Light Industrial Zoned District Regulations (Section 26-24). In addition, all Industrial properties would be rezoned to Planned Industrial Development. This proposal was discussed at the January Planning Commission Study Session as well as some of the concerns relative to the practicality of implementing such a proposal. The basis of City Council's concern related to some of the uses specified as "Permitted Principal Uses" in the "I" zone which originated from the fact that Commercial-Two zoned district were allowed by "right". There are several C-2 uses that are objectionable to certain members of Council. Director GIDLEY provided a City map that indicated the "I" areas in question. He stated that the proposal is not to rezone, but to adopt a set of regulations that would substantially reduce the kinds of uses that would be Planning Commission Minutes March 6, 1997 Page 3 allowed in the zone by "right" and place the more objectionable uses in a Special Use designation. Questions were raised by members of the Commission as to how the citizenry would be affected; would new owners have to reapply for use or would zoning regulations be automatic (they would have to reapply and zoning would depend on what use was planned); were the people who currently occupy these areas notified (not other than in the newspapers, however, a formal mailing could be accomplished); and, upon sale of property, are sellers required to advise buyers. Commissioner THOMPSON stated she did not feel comfortable voting on this proposal at this time and suggested that a motion be made to place this item on hold temporarily to allow time to study the proposal more thoroughly. Discussion continued regarding this proposal and its significant importance. The general consensus of the Commission felt the same as Commissioner THOMPSON and stated they wanted more time to study the issues and would appreciate input from the property owners. Commissioner JOHNSON motioned, Commissioner RASPLICKA seconded, to allow additional time for consideration of this proposal, certified mailings be made to all property owners in the Industrial Zoned Districts including an invitation to the Study Session of March 20th where discussion of this proposal will continue, and to postpone the decision until the Public Hearing of April 3, 1997, after input from the property owners and further discussion by the Commission. Motion passed 7-0. The question was posed by Commissioner THOMPSON if a decision could not be reached by April 3rd, how many times could the proposal be postponed. Director GIDLEY advised that a motion must be made and a Resolution prepared to advise City Council that the proposal has been discussed.but that additional time is needed to further weigh the issues before a final decision is made. Case No. ZOA-96-15: An application by the city of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, AGENDA CITY OF WHEAT RIDGE PLANNING COMMISSION March 6, 1997 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on March 6, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES - February 6, 1997 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) PUBLIC HEARING A. Case No. ZOA-97-01: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat, Ridge Code of Laws, Chapter 26, Zoning Code, Section 24. Light Industrial District Regulations regarding uses allowed as "Principal Permitted" and "Special Uses", City of Wheat Ridge, County of Jefferson, State of Colorado. B. Case No. ZOA-96-15: An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 31, "Off-.Street Parking Requirements", City of Wheat. Ridge, County of Jefferson, State of Colorado. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 2 sue- K ~ 3,r CA. LJ Planning Commission Meeting March 6, 1997 Page 2 10. NEW BUSINESS 11. DISCUSSION AND DECISIO ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT sL4~ - LON~ ~-eamC v yeax,~ 6Nf-00,0/w MEMORANDUM To: Y Planning Commission From: Glen Gidley, Planning & Development Director Re: Case No. ZOA-97-01: Industrial Zone District Amendment to Permitted and Special Uses Date: February 27, 1997 City Council originally initiated this case as a total elimination of the Light Industrial (I) zone district regulations (Section 26-24), and a rezoning of all existing "I" zoned properties to Planned Industrial Development (PID). After discussion of that proposal by the Planning Commission at a Study session held January 16th, the Planning Commission decided that total elimination of "I" and rezoning was impractical and difficult, if not impossible to implement due to Charter provisions regarding legal protest and rezonings. After considering the basis for Council's initiative, specifically that certain objectionable uses are allowed as principal permitted uses because they are allowed in the C-2 zone districts by reference Planning Commission decided that a more practical approach would be to make such uses subject Special Use review. Hence, the attached proposed Council Bill amends the Light Industrial District regulations (Section 26-24) by deleting C-2 uses as "permitted principal uses, and includes C-2 uses as "special uses" subject to Special Use review. Staff Recommendation Staff concludes that this amendment accomplishes this basic intent of City Council, therefore we recommend approval. INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 1997 TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE REGARDING LIGHT INDUSTRIAL (I) ZONE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Wheat Ridge Code of Laws Chapter 26. Article I. Zoning Code, Section 24. Light Industrial District (I), Zoning Code, Subsection (A)(1) is hereby amended as follows: "(1) Any use permitted in the Commercial-One (C-1) or Gomfffereial Two (G _ District as permitted principal use." Section 2. Wheat Ridge Code of Laws, Chapter 26. Article I. Zoning Code, Section 24. Light Industrial District (I), Subsection (B) Special Uses, is hereby amended by addition of a new item (1) to read as follows, with existing items (1) through (340) to be renumbered (2) through (31): "(1) ANY USE PERMITTED IN THE COMMERCIAL-TWO (C-2) DISTRICT AS A PERMITTED OR SPECIAL USE, EXCEPT C-1 USES ARE PERMITTED PRINCIPAL USES." Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. 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 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. Ordinance No. Page 2 Series of 1997 Section 6. 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 , 1997, 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 , 1997, at 7:00 o'clock p.m., in the Council Chambers, 700 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 4 26.6 WHEAT RIDGE CITY CODE Sec. 26.6. Legislative and administrative pro- cess and procedures. This section sets forth the procedural and sub- stantive requirements which apply to the various administrative and legislative processes estab- lished 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- mitted uses 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 specifically enumerated. The primary issues which the planning commission shall address are those 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. In order to achieve compatibility, the plan- ning commission, and city council upon appeal, shall have the right to approve, approve with mod- ifications, or deny a conditional use request. (1) Applicability. The requirements of this sub- section shall apply to all uses listed as "Con- ditional Uses" within any particular zone district. (2) Application form and review procedures (a) Prior to submitting any application for a conditional use permit, the applicant shall be required to hold a neighbor- hood input meeting (see subsection MM for requirements). (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- ning and 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 dollars ($100.00). (d) All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficient detail to convey the full intent of the applicant in developing, oper- ating and maintaining the conditional use. The site plan shall meet the re- quirements of a TYPE I SITE 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 of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and rec- ommendations to the planning commission, which evaluates the proposal and makes fmdings using the review criteria established in the following subsection (A)(3). (3) Criteria for review. Before a conditional use is approved, the applicant shall show, and the planning commission shall find, the pro- posed conditional use: (a) Will not have a detrimental effect upon the general health, welfare, 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 significant air, water or noise pollution. (c). Is consistent with the comprehensive plan. (d) Will not result in undue traffic conges- 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) Will be appropriately designed, in- eluding setbacks, heights, parking, Supp. No. 14 1690 ZONING AND DEVELOPMENT § 26-6 bulk, buffering, screening and land- and shall decide to sustain, amend or reject scaping, so as to be in harmony and the planning commission decision, with its compatible with character of the sur- decision being based upon all evidence pre- rounding areas and neighborhood, es- sented and the planning commission record, pecially with adjacent properties. with due consideration of the criteria for (f) Will not overburden the capacities of review. the existing streets, utilities, parks, (6) Enforcement. All conditions and stipula- schools and other public facilities and tions imposed by the planning commission services. or city council shall be maintained in per- (4) Planning commission review. Planning com- petuity with the special use. If at any time mission shall hear and consider any evi- the stipulations or conditions are not ad- dence or statement presented by the appli- hered to or are found to have been materi- cant, city staff, or by any person in ally altered in scope, application or design, attendance at the hearing. The planning the zoning administrator shall notify a code commission shall then decide to approve, enforcement officer of the nature of the vi- approve with conditions, or deny the appli- olation(s) and the code enforcement officer cation, basing its decision upon the facts shall initiate standard enforcement proceed- presented in the public hearing in consid- ings. eration of the criteria for review as speci- (B) Special Uses: Special uses are discretionary Pied in subsection (3) above. Planning com- uses which '-M be -aid ev defo mission may impose conditions or - an ---"-'if properly designed, stipulations, which may include physical de- developed, operated and maintained, may be ap- sign as well as operational and mainte- proved for any specific location within a zon nance considerations, upon the conditional trict wherein the special use is enumerated. 6 . use in addition to standard development and , use regulations which apply within a par- ticular zone district or for a similar "per- mitted use." Such conditions or stipula- tions may be imposed in order to ensure compliance with the criteria for review, f- cf rc -'-^a---'- which, if not complied with, shall be grounds for revocation of the conditional use. anukeii-The primary issues which (5) Appeal. An applicant, or any aggrieved the planning commission and city council shall property owner within six hundred (600) address are those related to justification of need feet of the subject property, may appeal the and those special design and operational consid- decision of the planning commission to city erations which mitigate potential detrimental im- council by filing such appeal, along with an pacts of a special use on surrounding land uses, explanation for the appeal, with the Wheat the street system, or public services or facilities. Ridge City Clerk within ten (10) working rder to protect the public interest, the plan- days after the date of the planning commis g commission and city council shall have the sion hearing. Upon such appeal, a publi t to approve, approve with modifications or t hearing shall be scheduled before the city deny a special use request and to revoke previ- council, following the same public notice y approved special use permits pursuant to requirements and procedures st foh for section (6) hereof. the planning commission hearing. City (1) Applicability. The requirements of this sub- council, in addition to consideration of the section shall apply to all uses listed as "spe- planning commission record, shall hear ad- cial uses" within the provisions set forth ditional evidence and testimony presented, for any particular zone district. Supp. No. 14 1691 § 26-6 WHEAT RIDGE CITY (2) Application form and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood input meeting (see subsection (F)(1) for requirements). (b) Special use applications shall be origi- rated only by the prospective owner of the~roposed special use, with written approval of the fee owner of the prop- erty in cases where the owner of the (c) (d) property is different than the owner of the proposed special use. Both the spe- cial use owner and the land owner, or their legal representatives, must be present at all public hearin Application shall be submitt on forms provided by the department of plan- ning and development and shall be ac- companied by a copy of the property deed, a certified survey and a fee of one hundred dollars ($100.00). All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficient detail to convey the full intent of the applicant in developing, oper- ating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 x 11 inches min- imum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public street rights-of-way, public easements, in rigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public im- provements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. 6. Existing and proposed street ac- cess points or curb cuts and dimen- sions thereof. 7. Proposed site development ele- ments, including general building envelopes, landscape/open space buffers, parking and loading areas, and outside work, storage or dis- play areas. 8. Site data table, including gross and net lot area, maximum building coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc. (e) Upon receipt of a complete application packet as described above, the plan- ning and development department shall proceed with the following pro- cess: 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 of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and rec- ommendations to the planning commission, which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a special use is approved, the applicant shall show, and the planning commission and city council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appro- priate at the location proposed, consid- ering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the pro- posed use. Supp. No. 14 1692 ZONING AND DEVELOPMENT § 26-6 (c) Will not create or contribute to blight recommendation for denial shall be consid- in the neighborhood by virtue of phys- ered final, unless the applicant files an ap- ical or operational characteristics of the peal to city council. 67 roposed use. (d) ill not adversely affect the adequate (5) City council review. City council shall re- light and air, nor cause significant air, view and decide upon all requests for spe- water or noise pollution. cial uses upon recommendation of the plan- (e) Is consistent with the comprehensive ning commission for approval or upon plan. appeal by an applicant of a recommenda- (f) Will not result in undue traffic conges. tion for denial by the planning commission. tion or traffic hazards, or unsafe Special uses may only be approved by pas- parking, loading, service or internal sage of an ordinance, following the city's traffic conflicts to the detriment of per- standard ordinance adoption procedures. sons whether on or off the site. Notice of public hearing shall be in the (g) Will be appropriately designed, in- manner provided in subsection 26.6(F)(1). cluding setbacks, heights, parking, City council, in addition to consideration of bulk, buffering, screening and land- the planning commission record, shall hear scaping, so as to be in harmony and additional evidence and testimony pre- compatible with the character of the sented, and either pass, pass with modifi- surrounding areas and neighborhood, cations, or deny the ordinance, its decision especially with adjacent properties. being based upon all evidence presented, CC"Till not overburden the capacities of with due consideration of the criteria for the existing streets, utilities, parks, review. schools and other public facilities and Fa. e event of a protest against such spe- services. se permit, signed by the owners of (4) Planning commission review: The planning y (20) percent or more of the area: commission shall hear and consider any ev- f those immediately adjacent to the idence or statement presented by the appli- cant, city staff, or by any person in atten- re or any side of the property, dance at the hearing. The planning tending one hundred (100) feet from the commission shall then make a recommen• Property; or dation to city council to b. Of those directly opposite across the y approve, approve street from the property, extending one with conditions, or deny the application, hundred (100) feet from the street basing its recommendation upon the facts frontage of such opposite property. presented in the public hearing in consid- eration of the criteria for review as speci- Such special use permits shall not become ie 1n su section (3) above. Planning com- effective except by the favorable vote of mission may recommend conditions or three-fourths of the entire city council. stipulations, which may include physical de- Where land which is adjacent or opposite, sign as well as operational and mainte- as defined above, is owned by the city, such nance considerations, upon the special use property shall be excluded in computing the in addition to standard development and required twenty (20) percent, and owners of use regulations which apply within a par- noncity land within the one-hundred-foot ticular zone district or for a similar "'per- limit, as defined above, shall be considered mitted use."pSuch conditions or stipula- adjacent or opposite despite such inter- tions may be recommended in order to vening city land. The written protest to such ensure compliance with the criteria for re- special use shall be submitted to the city few, whic , if not complied with, shall be council no later than the hearing on the grounds for revocation of the special use. A proposed special use permit. V Supp. No. 14 1693 § 26-6 WHEAT RIDGE CITY CODE (6) Enforcement. All conditions and stipula- tions imposed by city council shall be main- tained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall no- tify a code enforcement officer of the nature of the violation(s) and the code enforcement ~p"~ officer shall investigate and, if appropriate, (~{•J~) mi iate evocation proceedings which shall include the following: (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the pre- scribed correction date, the zoning ad- ministrator shall schedule a revoca- tion hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause -j~ bein cancel revoke the M+w~~ previously issued special l use permit, to require certain corrective measures s to enter upon the premises and Ito taken, and/or to direct the city's orrective measures required by ty council, and to modify the con- 1 w ich apply to the special use t. Any revocation action shall be- effective fifteen (15) days after ublication of the ordinance. Any action shall require a continu- f the public hearing to a specific date and a motion stipulating ecific corrective measures that be accomplished either by the special use owner or by an agent of the city within that time period. Upon the- date of the continued hearing, should I the council find that the conditions and. stipulations have not been satisfacto- rily met, council shall adopt the revo- . cation ordinance. o („&„wj' (7) Nonconforming#*sp*~ecial uses: Notwith- standing the provisions of section 26-7, any O f^+-A special use which is nonconforming to the provisions of this subsection 26.6(B) by way of not having received approval of a special use permit under prior rules and proce- dures shall terminate or shall otherw,~~ f~ come conforming to these provisionsw A7_kin kV. n- 1 (B). Ohio kange of Zone (Rezoning): A change of any zone district as shown on the official zoning map is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehen- sive Plan and promotes the general welfare of the community. If a proposed amendment is not con- sistent with the comprehensive plan, then the re- quest may only be approved if the applicant dem- onstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the ex- isting zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1) Mapping errors, including in- correct boundary location or incorrect zone desig- nation; or 2) Ordinance errors, including incorrect zone designation, legal description error, or typo- graphical errors. The final determination as to a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are hereby ad- vised and informed that there is no right to a change of zone of property. pplicability: The requirements of this sub- section shall be applicable throughout the boundaries of the City of Wheat Ridge and No. 14 1694 ZONING AND DEVELOPMENT § 264 to any areas that are proposed to be an- other than planned development nexed to the city where one (1) of the fol• districts and a fee of three hun lowing is proposed: dred dollars ($300.00) for rezoning (a) Change of zone of a parcel of land from to a planned development district. one zone district classification to an- (d) All applications shall also be accompa- other zone district. nied by written information in suffi- (b) Changing of the conditions of an ex- cient detail to convey the full intent of isting zone district where those condi- the applicant and justifications of why tions were specifically established by a a change of zone is appropriate in the previous rezoning ordinance. area and shall include: (c) Changes to a planned development out- 1. Need for the change of zone. line plan, including density (units per 2 Present and future effect on the ex- ex- crease or change (floor area ratio), an in- crease uses, or other . isting zone districts, development ' changes which constitute a substantial and physical character of the sur- change in character of development as rounding area. determined by the director of planning 3. Access to the area, traffic patterns and development. and impact of the requested zone on these factors. Application form and review procedures: 4. Availability of utilities. (a) Prior to submitting any application for 5. Present and future effect on public a change of zone of property to a higher facilities and services, such as fire, use than is currently permitted that is police, water, sanitation, roadways, an increase in residential density, in- parks, schools, etc. impact, or character, the a 6. A discussion of the relationship be- cant shall be required to held a neighigh- - cant tween the proposal and adopted borhood input meeting. (See subsection plans and/or policies of the city. for requirements.) rements.) 26.6(F)(1) 7. Any additional materials neces- (b) applications Rezoning ng may be origi- sary to adequately review the pro- nated only by the fee owner of the prop- posal erty or by his attorney or legally des- (e) A Type I site plan shall be required if ignated agent by power-of-attorney, the proposed change of zone is located (c) Application for change of zone shall be in an area designated as a "multiple submitted on notarized forms provided use" or "activity center" within or upon by the department of planning and de- the City of Wheat Ridge Comprehen• velopment and shall be accompanied sive Plan. (See subsection (E)(1) for site by: plan requirements.) 1. Proof of ownership of land (copy of (1) Upon receipt of a complete application the property deed). packet, as described above, the plan- 2. A certified boundary and improve- ning and development department ment survey, at a scale of not less shall proceed with the following pro- than 1" = 100'. cess: 3. A legal description of property 1. Refer the application to affected under consideration (exact descrip- public agencies for review and com- tion of area to be rezoned, described ment. in bearings and distances, tied to a 2. Within thirty (30) days of accep- section corner). tance of a completed application 4. Fee of two hundred dollars packet, give notice of a scheduled ($200.00) for rezoning to districts public hearing on the application, Supp. No. 14 1694.1 § 26-6 WHEAT RIDGE CITY CODE with notice by publication, letter and site posting in the manner as provided in subsection (F)(1). 3. Prepare a written report and rec- ommendations to the planning commission which evaluates the proposal, makes findings, and 4makes recommendations using the following review criteria set forth in subsection (3) below. (3) Criteria for review. Before a change of zone is approved, the applicant shall show, and the planning commission and city council shall find: (a) That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error; or (b) That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or de- velopment transitions, and that the ev- idence supports the finding of the fol- lowing: 1. That the change of zone is in con- formance, or will bring the prop- erty into conformance, with the City of Wheat Ridge Comprehen- sive Plan goals, objectives and pol- icies, comprehensive land use plan and other related policies or plans for the area; and Supp. No. 14 1694.2 ZONING AND DEVELOPMENT § 26-6 2. That the proposed change of zone stipulations which may include site plan is compatible with the surrounding review, use limitations, or specific design area and there will be minimal ad- iL\ or operational stipulations in addition to verse impacts considering the ben- standard development and use regulations efits to be derived; and which apply. A recommendation for denial 3. That there will be social, recre- shall be considered final, unless the appli- 4 ational, physical and/or economic cant files an appeal to city council with the benefits to the community derived , city clerk within ten (10) working days of by the change of zone; and he planning commission decision. 4. That adequate infrastructure/facil- ities are available to serve the type (5) ity council review: City council shall re- of uses allowed by the change of view and decide upon all requests for change zone, or that the applicant will up- of zone, upon recommendation of the plan- grade and provide such where they ning commission for approval, or upon ap- do not exist or are under capacity; peal by an applicant of a recommendation and for denial by the planning commission. 5. That the proposed rezoning will not Change of zone may only be approved by adversely affect public health, passage of an ordinance following the city's safety or welfare by creating ex- standard ordinance adoption procedures. cessive traffic congestion, creating Notice of public hearing shall be by publi- drainage problems, or seriously re- cation, letter and site posting in the manner ducing light and air to adjacent provided in subsection (F) hereof. City properties; and council, in addition to consideration of the 6. That the property cannot reason- planning commission record, shall hear ad- ably be developed under the ex- ditional evidence and testimony presented isting zoning conditions; and and either approve, approve with modifira- 7. That the rezoning will not create tions, or deny the ordinance. City council an isolated or spot zone district un- shall base its decision upon all evidence pre- related to adjacent or nearby areas; sented, with due consideration of the cri- and teria for review as set forth under subsec- 8. That there is a void in an area or tion (C)(3) above. community need that the change In the event of a protest against such of zone will fill by providing for 4 changes, signed by the owners of twenty necessary services, products or fa- (20) percent or more of the area: cilities especially appropriate at the location, considering available (a) Of the property included within the pro- \ alternatives. posed change; or (4) Planning commission review: The planning (b) Of those immediately adjacent to the commission shall hear and consider any ev rear or any side of the property, ex- idence or statement presented by the appli- tending one hundred (100) feet from the cant city staff, orb any person in atten- (c) Of those directly opposite across the dance at the hearing. The planning commission shall then make a recommen- street from the property, extending one dation to city council to approve, approve hundred (100) feet from the street with conditions, or deny the application, frontage of such opposite property. basing its recommendation upon the facts Such changes shall not become effective ex- presented in the public hearing in consid- cept by the favorable vote of three-fourths eration of the criteria for review as speci- of the entire city council. Where land within Pied in subsection (3) above. The planning the area proposed for change, or adjacent or commission may recommend conditions or opposite land, as defined, above is owned Supp. No. 5 16 95 § 26.6 WHEAT RIDGE CITY CODE by the City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners of noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such intervening city land. The written protest to such changes shall be submitted to the city council no later than the hearing on the proposed re- zoning. (6) Recordation: All approved rezoning ordi- nances shall be recorded with the Jefferson County Clerk and Recorder by the city clerk within thirty (30) days of the effective date of such ordinance. T) Variance/Waivers/Temporary PermitslInter- pretations. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provi- sions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements re- lating to the specific type of appeal. Where a public hearing is required, notification of such hearing shall occur by newspaper publication, posting, and ertified letter as prescribed in subsection (F)(1). 1) Application requirements. All requests for \ a variance, waiver, temporary permit or in- terpretation, as described herein, shall be made by the filing of an application, to- gether with the required fee and supporting documentation. (a) Fee Requirement: Fifty dollars ($50.00), except where a request covered within this subsection (D) is made a part' of another administrative process, then the higher fee shall be imposed. (b) Documentation Required: 1. Copy of the deed for the property. 2. Power of attorney if the applicant is not the owner of the property. 3. Property survey will be required if the request involves relationship of structure(s) to lot lines or lot area. 4. Posting certification (to be sub- mitted at the hearing to the clerk). Supp. No..5 5. Other information which the ap- plicant, the zoning administrator or the hearing authority deter- mines is necessary in order to ad- equately evaluate the application. (2) Variances and Waivers: (a) Minor Variances or Waivers iTen (10) Percent or Less): The zoning adminis- trator is empowered to decide upon ap- plications for minor variances or waivers from the strict application of any of the "development and use regulations" of this zoning ordinance, which apply throughout the various zone district regulations and in other situations which may be specifically au- thorized in the various sections. without requirement of a public hearing, under the following conditions: 1. The variance or waiver does not exceed ten (10) percent of the min- imum or maximum standard; and 2. That the zoning administrator finds that the "findings of fact," as set forth in subsection (2)(c) hereof, are substantially complied with and support the request; and 3. The zoning administrator has no- tified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to ren- dering his decision, and that no protests have been received during such ten-day period. 4. That no additional dwelling units would result from approval of such variance or waiver. (b) Variances and Waivers of More Than Ten (10) Percent: The board of adjust- ment is empowered to hold public hear- ings to hear and decide upon appeals for variances and waivers from the strict application of any of the "devel- opment and use regulations" which apply throughout he various zone dis- trict regulations of this zoning code, un- less otherwise specifically provided. Where a variance or waiver is made a 1696 ZONING AND DEVELOPMENT part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the plan- ning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance or waiver request concurrent with such other process; however, in deciding such variance or waiver the planning com- mission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridgb Code of Laws section 2-61. (c) Review criteria and findings of fact: Where the board of adjustment, plan- ning commission or city council shall hear and decide upon a request for a ) variance or waiver, that authority shall base its decision in consideration of the extent to which the following facts, fa- vorable to the applicant, have been es- tablished by the evidence: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? 2. Is the plight of the owner due to unique circumstances? 3. If the variation were granted, would it alter the essential char- acter of the locality? 4. Would the particular physical sur rounding, shape or typographical condition of the specific property o involved result in a particular hardship (upon the owner) as dis- tinguished from a mere inconve- nience if the strict letter of the reg- ulations were carried out? 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? 8. 9. § 26-6 Has the alleged difficulty or hard- ship been created by any person presently having an interest in the property? Would the granting of the varia- tions be detrimental to the public welfare or injurious to other prop- erty or improvements in the neigh- borhood in which the property is located? Would the proposed variation im- pair the adequate supply of light and air to adjacent property or sub- stantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially di- minish or impair property values within the neighborhood? (d) Expiration of variance: Any variance granted by the board of adjustment or planning director shall automatically expire within one hundred eighty (18o) days of the date it was granted, or within such other time as the board of adjustment or planning director may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the vari. Temporary permit for uses, buildings and signs: (a) One-month temporary permit: The zoning administrator is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a partic- ular district, without requirement of a public hearing, under the following con- ditions: 1. The duration of the building, use or sign shall not exceed one (1) month. Supp. No. 10 1697 5 26-6 WHEAT RIDGE CITY CODE 2. No other temporary permit has 3. Will not result in undue traffic con- been issued within the previous gestion or traffic hazards, or un- one (1) year for the same or similar safe parking, loading, service or in- building, use or sign on the same ternal traffic conflicts to the premises: detriment of persons whether on 3. The zoning administrator shall de- or off the site; and termine that the "findings of fact," 4. Will be appropriately designed. in- as set forth in subsection (3)(b) eluding setbacks, heights, parking, below are substantially complied bulk, buffering, screening and with. landscaping, so as to be in har- 4. The zoning administrator has no- mony and compatible with char- tif ed adjacent property owners in acter of the surrounding areas and a form and manner as required for neighborhood, especially with ad- minor variances and waivers as set jacent properties; and forth in subsection (D)(2)(a), and 5. Will not overburden the capacities has received no objections. of the existing streets, utilities. 5. The owner or owner's agent ap- parks, schools, and other public fa- proves in writing of the proposed cilities and services. temporary building, use or sign. (4) Interpretations. The board of adjustment is If all of the conditions stated above are empowered to hold public hearings to de- met, the zoning administrator may tide upon requests for interpretation of the issue a one-month temporary permit; provisions of the zoning ordinance (Article however, if they are not met, he must I of this chapter), floodplain regulations tAr- deny the permit. The applicant may ap- title II of this chapter), Subdivision Regu- peal denial to the board of adjustment. lations (Article III of this chapter), andior (b) One-year temporary permit: The board the sign regulations (Article IV of this of adjustment is empowered to hold a chapter) in such a way as to carry out the public hearing to decide upon requests intent and purpose of such laws. Such au- for temporary uses, buildings or signs thority to interpret shall extend to include which would not otherwise be per- the fallowing: mitted in a particular zone district. The !a) The basic intent and purpose of words, board may approve a temporary permit phrases or paragraphs as applied to a for no longer than one (1) year per ap- specific proposal or instance. plication. When hearing and deciding (b) Use of property as an "other similar requests for temporary permits, the use;" however, in no instance shall the board shall base its decision in consid- board make an interpretation that a eration of the following findings of fact: particular use may be permitted in a FINDINGS OF FACT: The proposed zone district where that use is speciii- temporary use, building or sign: tally enumerated in a higher, that is, 1. Will not have a detrimental effect more intensive, zone district. upon the general health, welfare, (c) Relationship of physical improvements. safety and convenience of persons streets, rights-of-way, streams, prop- residing or working in the neigh- borhood of the proposed use; and 2. Will not adversely affect the ade- quate light and air, nor cause sig- nificant air, water or noise pollu- tion, or cause drainage problems for the general area; and Supp. No. 10 1698 ZONING AND DEVELOPMENT erty boundaries, etc., where such varies or are inconsistent with the official zoning maps of the City of Wheat Ridge. (5) Appeals. Appeal of any decision of the board of adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpreta- tions may be made by the applicant, the city council or any aggrieved party to dis- trict court within thirty (30) days of the de. cision. Appeal of any such decision of the planning commission may be made by the applicant, the mayor or any aggrieved party to the city council within ten (10) working days of the decision. (E) Site development plans: There area variety of land use review processes which require sub- mittal of a site plan as part of the documentation to be considered when deciding a particular re- quest. Based upon the specific type of request, the § 26.6 Supp. No. 9 1698.1 ZONING AND DEVELOPMENT detail and reliability of a site plan will vary. The requirements for outline, preliminary and final development plans required in planned develop- ment zone district (PRD, PCD, PID, PMHP, PRVP and POD) are found in those district regulations. (See section 26.25.) This section establishes the purpose, graphic and informational requirements for two (2) types of site development plans re- quired in instances other than planned develop- ment districts. (1) Type I site plan: (a) Purpose: This is a sketch plan which indicates general development intent, building envelopes, parking areas, landscape/open space areas, storage or outside work areas, and approximate location of street access. It is not in- tended to provide detailed design ele- ments or engineering or architectural details. It does, however, provide a gen. eral indication of the potential char- acter and possible impacts of a pro. posed development and may be used as a basis for future zoning review and zoning enforcement. As such, it be. comes a part of the case file and record, and if the request involves adoption of an ordinance to approve, the site plan will be attached to the ordinance as an exhibit, and shall be filed with the Jef- ferson County clerk and recorder. (b) Plan requirements: 1. Sheet size: 8Y2 x 11 inches min- imum. 2. Scale and north arrow. 3. Property boundaries and lot lines with dimensions. 4. Existing and proposed public streets rights-of-way, public ease- ments, irrigation ditches, drainage ways and other easements af. fecting the site. 5. Existing and proposed public im. provements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. Supp. No. 5 § 26-6 6. Existing and proposed street ac- cess points or curb cuts and dimen- sions thereof. 7. Proposed site development ele- ments, including general building envelopes, landscape/open space buffers, parking and loading areas, and outside work, storage or dis- play areas. 8. Site data table, including gross -and net lot area, maximum building. coverage, maximum floor area of buildings, landscape/open space area, parking area, maximum building height, etc. (2) Type II site plan: fa) Purpose: This is a moderately detailed plan which provides a greater amount of site relationship and architectural information for decision-makers to con- sider in deciding upon applications for use and development. It is intended to illustrate preliminary site design ele- ments, preliminary architectural char- acter and consideration of engineering issues to the extent that the potential character and possible impacts are more clearly definable. It can provide the basis for building permit review, certificate of occupancy review, and fu- ture zoning enforcement. The plan will be part of the case file and record, and will be recorded with the Jefferson County clerk and recorder. (b) Pian requirements: 1. Sheet size: a. Small format. In cases where the required information can be displayed in an easily read, simple and uncomplicated manner at a small scale, the site plan may be submitted in the form of an 11 x 17-inch or 8Y2 X 11-inch format. Multiple sheets will be permitted for written and tabular informa- tion if necessary. 1699 § 26-6 WHEAT RIDGE CITY CODE b. Large format. In cases where. because of the complexity of information or the size of the site, the required information cannot be displayed in an easily read, small format site plan, the applicant may or the director of planning and devel- opment may require that the site plan be prepared at a 24 x 36-inch format. (This large format site plan must meet the Jefferson County Recorder's minimum requirements for re- cordation, as upon final ap- proval. A reproducible mylar will be recorded.) 2. Vicinity map. 3. The boundary of the site described in bearings and distances and ex- isting and proposed lot lines. 4. Legal description of the site matching the certified survey. 5. Signed surveyor's certification (ap- plies only to large format site plans) 6. Scale and north arrow. 7. Date of map preparation and name and address of person who Dre- 8. 9. 10. pared map. Location of 100-year floodplain, if applicable. Existing and proposed contours at two-foot intervals. Location of all existing and pro- posed: a. Fences, walls or screen plant- ings and their type and height: b. Exterior lighting, location, height and t;-pe; c. Signs, including type, height and size; d. Landscaping and special buffers, including type and coverage e. Parking and loading areas, handicap parking areas; f. Easements and rights-of-way. g. Drainage ways, pond areas, ditches, irrigation canals, lakes and streams, if appli- cable. h. Buildings to be developed or retained on the site, including possible use, height, size, floor area, setback dimensions and type of construction. i. Existing and proposed streets, both adjacent and within the site, including names, widths, location of centerlines, accel- erationideceleration lanes. j. Curbs, gutters, sidewalks, bike paths. k. Location of trash containers and method of screerinz, if any. 1. Areas to be used for outside work areas, storage or display and method of screening, if any. in. Name of the site plan with the words "Official Development Plan of the City of Wheat Ridge" thereunder: (please note, since the plan will be re- corded, the name cannot du. plicate an existing recorded of- ficial development plan(. 11. Adjoining property lot lines. build- ings, access, parking, so that de- velopment compatibility can ce de- termined. 12. Other information which shall be in written or tabular form, in- cluding: a. Statement of proposed zoning and anv conditions. b. Statement of proposed uses. C. State data (numeric and per- centage) in tabular form. in- cluding: i. Total area of property, gross and net; ii. Building coverage; iii. Landscape coverage; iv. Total lot coverage by all structures and paving; Supp. No. 5 1700 ZONING AND DEVELOPMENT § 26-6 v. Number of parking allow the residents to give input to the spaces; applicant regarding said proposal. vi. Gross floor area; and (b) The intent of this proposal is to give vii. Number of residential adequate opportunity for both appli- units and density (if appli. cants and residents to give and receive cable). input regarding proposed projects prior 13. Signature blocks for (large format to their formal submission so that the plans only): projects are carefully designed and con. a. Planning commission certifi- ceived to be compatible with sur- rounding neighborhoods. It is not the cate. b. Mayor's certificate, intent of the city council to require formal agreements between applicants c. Clerk and recorder's certifi. and residents prior to submission of ap. cate. d i plications, nor is any applicant to be . D rector of planning and de. denied a right to proceed to any re- velopment. quired or permitted hearings regarding 14. In addition to the information in- such application because no agreement cluded on the site plan document, is reached. Rather, the city council by the following supportive informa- this action is encouraging reasonable, tion may be required: honest, good faith communication be- a. Drainage plan. tween residents and applicants, and i b. Elevations and perspective v ce versa. (c) No rezoning application or use permit drawings. as defined above shall be accepted by c. Traffic impact report. the city's staff until applicant has cer- (F) Public Hearing Notice and Procedure: tified by affidavit that he has complied with the provisions of this subsection (1) Pre-application neighborhood input meeting. (F)(1) above. Prior to submitting any application for a (2) Newspaper publication. At least fifteen (15) rezoning of nrooerty to a higher use than is days prior to any public hearing for a spe- currently permitted, or for a special use cific land use or development approval pro. permit, conditional use permit or mineral cess which requires approval by the plan- extraction or solid waste disposal permit, ning commission, board of adjustment or an applicant shall be required to do the fol. city council, the zoning administrator shall lowing. cause to be published, in the legal section (a) Applicant shall, by regular mail or by of a newspaper of general circulation within the city, a notice of public hearing. Said pamphlet or flyer personally delivered, notice shall specify the kind of action re- notify all residents within six hundred quested; the hearing authority; the time (600) feet of the area proposed to be , date and location of hearing; and the loca. rezoned or for which a use permit as tion of the parcel under consideration by specified above is sought of a meeting both address and legal description. Notwith. to be held, at a time and place selected standing the above, any action which re- by applicant but reasonably calculated quires approval by passage of an ordinance to be convenient both to applicant and by city council shall be subject to the reg- those residents notified, for the pur. ular ordinance approval process, which in- pose of allowing the applicant to cludes a first reading of the ordinance by present to said residents the nature, character and extent of the action city council at a regular meeting where no re- quested by applicant, and further to testimony is allowed. Then, if passed upon first reading, council establishes the time Supp. No. 5 1701 § 26-6 WHEAT RIDGE CITY CODE and date of the public hearing and the city clerk shall cause the proposed ordinance to be published in a form and manner as de- scribed above. (3) Posting notice. At least fifteen (15) days prior to any public hearing for a specific land use or development approval process which requires the approval by the plan- ning commission, board of adjustment or city council, the zoning administrator shall cause to be prepared, and the applicant shall post, a sign (one (1) per street frontage) upon the parcel under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the loca- tion of the parcel under consideration by both address and legal description. Such sign shall be posted within the property boundaries, shall be affixed to a flat sur- face, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any ob- structions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The fact that a parcel was not con- tinuously posted the full fifteen (15) days may not, at the full discretion of the hearing authority, constitute grounds for continu- ance where the applicant can show that a good faith effort to meet this posting re- quirement was made. (4) Letter notice. At least fifteen (15) days prior to any public hearing which requires noti- fication by letter, the zoning administrator shall cause to be sent, by certified mail, a letter to adjacent property. owners and to owners of property included within the area under consideration. Such letters shall specify the kind of action requested; the hearing authority; the time, date and loca- tion of hearing; and the location of the parcel under consideration by address or approximate address. (5) Public hearing rules: (a) Postponements: After a public hearing has been legally noticed, only one (1) postponement by the applicant may be allowed by the planning commission, board of adjustment or city council. Upon the second request for postpone-. ment, the planning commission, board of adjustment or city council shall have the authority, which they may exer- cise at their discretion, to dismiss the application. (b) Rehearing requests: No application shall be submitted to or accepted by the planning commission, board of ad- justment or city council (whichever is the final hearing authority) if any pre- vious application for the same or sub- stantially similar request for the same property or portion of property has been denied during the preceding twelve (12) months. The twelve-month time limi- tation contained herein shall commence on the date of any final determination of denial by the planning commission, board of adjustment, city council or a court of record, whichever is later. The twelve-month time limitation spec- ified in this section shall be strictly ad- hered to except upon a finding by the final hearing authority, after evidence presented by the applicant, that a major change in physical conditions and cir- cumstances warrants an earlier hearing. "Major change in physical con- ditions and circumstances" shall, for the purposes of this section, mean a sig- nificant modification in the character and nature of the proposed develop- ment or use, and shall be reflected in the intensity of the use, the external effects on adjacent properties or such other factors as may be determined by the planning commission, board of ad- justment and/or the city council. An exception to the above-stated twelve (12) month rehearing period may be al- lowed where the applicant or a member of the final hearing authority who voted with the prevailing side requests a re- hearing on the same application no later than at the next regular or spe- Supp. No. 5 1702 ZONING AND DEVELOPMENT 3 26-6 cial meeting. The granting of a re- of this subsection 26-6(G) is to state the in- hearing shall be by majority vote, if tent of the City of Wheat Ridge to guard requested by the applicant, and shall jealously its rights and powers as a home be based upon the submittal of new ev rule city to enact local zoning regulations idence which could not have been, with which supersede and preempt state legisla- due diligence, presented at the previous tion in the area of zoning. hearing on the application. (2) Vested rights. The City of Wheat Ridge is (c) Quasi-Judicial Matters: Any applica- aware of passage of Senate Bill 219, codi- tion which involves the use and/or de- fied in C.R.S. § 24-68.101. The City of Wheat velopment of a specific parcel of land, Ridge rejects the assertion that the subject as opposed to a city-initiated large area matter of said Senate Bill 219 is "a matter or city-wide proposal, is considered a of statewide concern," and, therefore. de- quasi-judicial matter. Therefore, appli- termines that the provisions of Senate Bill cants, opponents and proponents are 219 are expressly superseded and pre- prohibited from making ex parte con- empted within the City of Wheat Ridge by tact (that is, contact outside of the the provisions of this subsection 26.6(Gi of public hearing forum) with any member the Code of Laws of the City of Wheat Ridge. of the decision-malting authority. f3) Crea:ioa of vested rights. Np vested right is 6: Public notice time requirements Unless oth- created within the City of Wheat Ridge by erwise specs tc- to t e contrary in the approval of any application for zoning the Wheat Ridge Code of Laws, public no- or rezoning, site plan, consolidation plan. tice time requirements include the day the subdivision plan or plat, planned building notice is posted. appears in the newspaper, group, or an outline, preliminary or final or is received by a recipient, and shall also development plan. Rather, a vested prop- include the day of the public hearing. By erty right shall be created if, after a way of example, a public hearing adver- building, grading or fill permit has been tised in a Thursday newspaper, which re- lawfully issued, the successful applicant. quires a fifteen (lei day notice, is eligible owner or permit holder (expressly provided for hearing no sooner than the second sub- that approval has been granted and:nr a sequent Thursday. permit has been issued in compliance with G` Vested property rigLs: all applicable laws, rules and regulations, " misrepresentation and not based upon a 1' Purpose. Pursuant to the provisions of Ax- of fact or a mutual mistake of fact"' has title ;G(, Section 6 of the Constitution of taken lawful. reasonable and substantial the State of Colorado, the electors of the steps, and has incurred lawful, reasonable City of Wheat Ridge, Colorado, have and substantial expenses, in justifiable re- adopted a Home Rule Charter. The law is, liance upon the approval or permit. The in- and has for many years been. clear and cer- tent of this provision is to adopt the common tain that adoption of a Home Rule Charter law of estoppel in pais as that doctrine ex. vests the citizens of a home rule city, and isted on June 30, 1987, as the law of vested the legislative body thereof. with the power property rights within the City of Wheat and authority to enact legislation on mat- Ridge. ters of purely local concern. which legisla- tion preempts and supersedes state legisla- Notice concerning tested rights. Ordina: ces tion as to those matters of purely local approving requests for zoninerezoning of concern. Zoning is and has on numerous property, and ordinances, resolutions or mo- occasions been declared and confirmed by tions approving plans, plats, site plans or the Colorado Supreme Court as being a any other required submission, shall con- matter of purely local concern. The purpose tain the following statement: :,a No. 14 1:03 § 26-6 WHEAT RIDGE CODE "Approval of this (ordinance, plan, plat, etc.,) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provi- sions of section 26-6(G) of the Code of Laws of the City of Wheat Ridge." (H) Zoning Ordinance Amendments: (1) Requests or proposals for amendments. Re- quests or proposals to amend this article may be initiated by city council, the mayor, planning commission, board of adjustment, the city attorney, the city administrator, or the director of planning and development. Any proposal to amend the zoning ordi- nance referred to the planning commission shall be scheduled for hearing within thirty (30) days of such referral and a recommen- dation to approve, to modify, or to deny the proposal shall be rendered by the planning commission within si-cty (60) days of such referral. Failure to make a recommenda- tion to city council within sixty (60) days shall be deemed a recommendation for ap- proval without comments. Any other party requesting or suggesting amendments shall make application to the planning commis- sion for consideration on a future agenda as a study matter. 2; Process: published in a newspaper of general cir- culation, no less than seven (7) days prior to a public hearing before city council. Council shall hold a public hearing on all requests and proposals recommended to it by the planning com- mission, and shall approve, approve with modifications, or deny the council bill. Ordinances approved on second reading which amend the zoning ordi- nance, shall take effect fifteen (15) days after final publication, unless other- wise specifically modified by a motion of city council. (Ord. No. 1989.791, § 1, 5-8.89; Ord. No. 1990-822, § 2, 2.26-90; Ord. No. 1990-827, § 1, 4-9-90; Ord. No. 1992.889, § 1, 2-10-92; Ord. No. 1993.945, § 1, 12-13-93; Ord. No. 1994-970, § 1, 6.13-94; Ord. No. 1994.978, § 1, 10-10-94; Ord. No. 1994.985, § 1, 12-12.94) (a! Planning Commission Hearing: A public hearing shall be scheduled be- fore the planning commission and the planning commission shall hear and make recommendation to city council upon all proposals to amend the zoning ordinance. Notice of said public hearing. shall be by a notice published in a news- paper of general circulation at least seven iii days prior to said hearing. b; City Council Hearing: All amendments to the zoning ordinance shall be ap- proved only by the passage of an ordi- nance. Said ordinance shall specify those provisions which are being en- acted. repealed, modified otherwise changed. After passage upon first reading, a notice of public hearing, to- gether with the council bill, shall be SuoD N,, 11 170: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 49 Ordinance No. 1055 Series of 1996 TITLE: AN ORDINANCE AMENDING SECTION 26-6(D) OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, RELATING TO VARIANCE CRITERIA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 26-6(D)(2)(c) of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of a new subparagraph 10, to read as follows: 10. IF IT IS FOUND IN CRITERIA 8 AND 9 ABOVE, THAT GRANTING OF THE VARIATION WOULD NOT BE DETRIMENTAL OR INJURIOUS TO OTHER PROPERTY OR IMPROVEMENTS IN THE NEIGHBORHOOD, AND IT IS ALSO FOUND THAT PUBLIC HEALTH AND SAFETY, PUBLIC FACILITIES AND SURROUNDING PROPERTY VALUES WOULD NOT BE DIMINISHED, OR IMPAIRED, THEN, WOULD THE GRANTING OF THE VARIANCE RESULT IN A BENEFIT OR CONTRIBUTION TO THE NEIGHBORHOOD OR THE COMMUNITY, AS DISTINGUISHED FROM AN INDIVIDUAL BENEFIT ON THE PART OF THE APPLICANT, OR WOULD GRANTING OF THE VARIANCE RESULT IN A REASONABLE ACCOMMODATION OF A PERSON WITH DISABILITIES? Section 2. 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 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. GED\53027\170512.1 Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged 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. 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 5 to 0 on this 15th day of October, 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 25, 1996, 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 1 , this 25th day of November 19 96. SIGNED by the Mayor on this 27th day of November 1996 DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLE- APPROUED----AS. TO FORM BY CITY ATT GEkPLf E. DAHL, CITY ATTORNEY 1st Publication: 'October 25, 1996 2nd Publication: December 6, 1996 Wheat Ridge Transcript Effective Date: December 21, 1996 Geo\53027\170512.1 - 2 MEMORANDUM To: Y Planning Commission From: Glen Gidlev, Planning R Development Director Re: Case No. ZOA-97-01: Industrial Zone District Amendment to Permitted and Special Uses Date: February 27, 1997 City Council originally initiated this case as a total elimination of the Light Industrial (I) zone district regulations (Section 26-24), and a rezoning of all existing "I" zoned properties to Planned Industrial Development (PID). After discussion of that proposal by the Planning Commission at a Study session held January 16th, the Planning Commission decided that total elimination of" 1" and rezoning was impractical and difficult, if not impossible to implement due to Charter provisions regarding legal protest and rezonings. After considering the basis for Council's initiative, specifically that certain objectionable uses are allowed as principal permitted uses because they are allowed in the C-2 zone districts by reference Planning Commission decided that a more practical approach would be to make such uses subject Special Use review. Hence, the attached proposed Council Bill amends the Light Industrial District regulations (Section 26-24) by deleting C-2 uses as "permitted principal uses, and includes C-2 uses as "special uses" subject to Special Use review. Staff Recommendation Staff concludes that this amendment accomplishes this basic intent of City Council, therefore we recommend approval. MEMORANDUM 0 ~ A V , n To: Planning Commission From: Glen Gidley, Planning and Development Director Re: Special Use Permits ootoaaoe Date: January 10, 1997 Up until 1994, Special Use Permits, if approved, became a land use right which vested with the land, similar to rezoning. If the property sold, the "right" associated with the Special Use Permit transferred with the property. In 1994, Council amended the Special Use procedures (Section 26-6 (B) Attached), so that Special Uses were only permitted to the "applicant" as owner of the Special Use. The Special Use Permit does not automatically transfer to a new owner upon sale of the land use activity. Additionally, the new provision specifies that Special Use Permits may be revoked if specific conditions are not complied with. It also provides that uses which are now listed as "Special Uses" but never obtained Special Use Permits pursuant to the new rules, must conform on close by 1999 (Section 26-6(B)(7)). I bring this to your attention for the purpose of discussion because since adoption, several problems have been discovered and related changes have occurred which may point to the need for further revisions. A. PROBLEM: Many Special Uses require significant capital investment in permanent structures which are specifically designed to accommodate the specific use. These structures are not easily changed to accommodate other uses. Is it practical to tie approval to a person (the applicant/owner) when you have long term capital investment in physical improvements to the land. An example of this would be the Special Use "Greenhouses) in the R-C district (Section 26-21 (C)(4)). Does it make sense that a person would invest substantial funds to construct a greenhouse operation, if their investment may be worthless as a marketable asset based upon current political whim. B. PROBLEM: There are many existing nonconforming special uses in the City. Pursuant to Section 26-6 (13)(7) these uses must conform by 1999 by obtaining an SUP or by closing operations. An example of this is the greenhouse operation at the northwest comer of West 44th Avenue and Pierce Street. It is zoned R-C and requires a Special Use Permit, but have never had one and have not applied for one. Even though the general nonconforming amortization provisions were recently revised to eliminate the year 2000 conformance requirement, the more specific amortization requirement for nonconforming "Special Uses" was not affected by that amendment. I would suggest revising Section 26-6 (13)(7) to eliminate this provision. Please read the attached Section 26-6 (B) and be prepared to discuss these and other concerns which you may have. (4) (5) bulk, buffering, screening an scaping, so as to be in har no - compatible with character of t rounding areas and neighbor o pecially with adjacent prope ie (0 Will not overburden the c aci the existing streets, util' ies, schools and other public ciliti services. ZO\TiG AND DE JEL0 P.% ENT § 26-6 did- and shall decide to sustain, amend,& reject n and the planning commission decisn, with its sur- decision being based upon al evidence Dre. od, es- sented and the planningto mission record, S. with due consideration pr the criteria for ties of review. y pare (6) Enforcement. All re and stipula• as and tions imposed by he planning commission or city council all be maintained in per- Plenningcommissionreview Planningcom- mission shall hear and c Sider any evi- dence or statement prese ted by the appli- cant, city staff, orb any person in attendance at the he ng. The planning commission shall the decide to approve, approve with conditio s, or deny the appli- cation, basing its d 'sion upon the facts presented in the pu lic hearing in consid• eration of the critefia for review as speci- fied in subsection ) above. Planning com-' mission may pose conditions or stipu/ed , whi may include physical de- sign ll operational and mainte- nancider tions, upon the conditional use iio to standard development and use rio s which apply within a par. ticule istrict or for a similar "per- mitt' Such conditions or stipula• Lions e imposed in order to ensure compwith the criteria for review, whicnot complied with, shall be grou revocation of the conditional use. Appeapplicant, or any aggrieved prope ner within six hundred (600) feet o ubject property, may appeal the decision of the planning commission to city council by filing such appeal, along with an /ds anation for the appeal, with the Wheat e City Clerk within ten (10) working after the date o f the planningcommis- hearing. Upon such appeal, a public ing shall be scheduled before the city cil, 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 hear ad- ditional evidence and testimony presented, petuity with a special use. IC at any time the stipul ons or conditions are not ad• hered to 37r are found to have been materi. ally alt 4ed in scope, application or design, the z ing administrator shall notify a code enf cement officer of the nature of ll-~c vi- o tion(s) and the code enforcement officer s all initiate standard enforcement proceed- in gs. (B) Special Uses: Special uses are discretionary uses w ich are c early shown to be void or de - cient in an area 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 or the special use and not as a grant o a veste property nght which transfers with Tor lease. The only time a specs use permit may be transferred to a new owner without reapplying ror approval is through inheritance by an heir. The primary issues which the planning commission and city council shall address are 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 o, deny a special use request 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 particular zone district. Supp. No. 14 1691 S 26-6 NH..r4T RIDGE CITY CODE (2) Application form and review procedures: (a) Prior to submitting any application for a special use permit, the applicant shall be required to hold a neighborhood input meeting (see subsection (F)(1) for requirements). (b) Special use applications shall be origi- nated only by the prospective owner of the proposed special use, with written . approval of the fee owner of the prop- erty in cases where the owner of the property is different than the owner of the proposed special use. Both the spe- cial use owner and the land owner, or their legal representatives, must be present at all public hearings. (c) Application shall be submitted on forms provided by the department of plan- ning and development and shall be ac- companied by a copy of the property deed, a certified survey and a fee of one hundred dollars (5100-00)- (d) All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficient detail to convey the full intent of the applicant in developing, oper- ating and maintaining the special use. The site development plan shall meet the following minimum requirements: 1. Sheet size: 8.5 x 11 inches min. imum. 2. Scale and north arrow- 3. Property boundaries and lot lines with dimensions. public street 1. Existing andproposed Pu rights-of-way, public easements, ir- rigation ditches, drainage ways and other easements affecting the site. 5. Existing and proposed public im- provements within and adjacent to the site, including curbs, gutter, sidewalk, street pavement, drainage improvements, street lights, etc. 6. Existing and proposed street ac. cess points or curb cuts and dimen- sions thereof. 1602 8. Proposed site development ele- ments, including general building envelopes, landscape/open space buffers, parking and loading areas, and outside work, storage or dis- play areas. and Site data table, including gross net lot area, maximum building coverage, ma.dmum floor area of buildings, landscapelopen space area, parking area, maximum building height, etc. (e) Upon receipt of a complete application packet as described above, the plan. ning and development department shall proceed with the following pro- cess: 1. Refer the application to affected public agencies for review and com- ment. 2, within thirty (30) days °tance of a completed application packet, give notice oC a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3, prepare a written report and rec ommendations to the planning commission, which evaluates the proposal and makes findings using the following review criteria set forth in subsection (3) below. use is (3) Criteria for revie LcBnt Shall show, the approved, the app planning commission and city- council shall find, the proposed special uses: (a) Will meet a proven public need in that it will fill a void in necessary products or facilities especially appro- priate at the location. proposed, consid- ering available alternatives. (b) Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the pro- posed use. S'pp. \0.14 ZO\,7\G AND DEVELO?>JENT (c) Will not create or contribute to blight in the neighborhood by virtue of phys- ical or operational characteristics of the proposed use. (d) Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. (e) Is consistent with the comprehensive plan. Will not result in undue traffic conges- 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. (g) Will be appropriately designed, in- cluding setbacks, heights, parking, bulk, buffering, screening and land- scaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. (h) Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (4) Planning commission review: The planning commission shall hear and consider any ev- idence or statement presented by the appli- cant, city staff, or by any person in atten- dance at the hearing. The planning commission shall then make a recommen- dation to city council to approve, approve with conditions, or deny the applicatidn, basing its recommendation upon the facts presented in the public hearing in consid- eration of the criteria for review as speci- fied in subsection (3) above. Planning com- mission may recommend conditions or stipulations, which may include physical de- sign as well as operational and mainte- nance considerations, upon the special use in addition to standard development and use regulations which apply within a par- ticular zone district or for a similar "per- mitted use." Such conditions or stipula- tions may be recommended in order to ensure compliance with the criteria for re- view, which, if not complied with, shall be grounds for revocation of the special use. A Supp. No. 14 § ^_o 6 recommendation for denial shall be consid- ered final, unless the applicant files an ap- peal to city council. (5) City council review. City council shall re- view- and decide upon all requests for spe- cial uses upon recommendation of the plan. ning commission for approval or upon appeal by an applicant of a recommenda. tion for denial by the planning commission. Special uses may only be approved by pas- sage of an ordinance, following the city's standard ordinance adoption procedures. Notice of public hearing shall be in the manner provided in subsection 26-6(F)(1). City council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony pre. sented, and either pass, pass with modifi- cations, or deny the ordinance, its decision being based upon all evidence presented, with due consideration of the criteria for review. In the event of a protest against such spe- cial use permit, signed by the owners of twenty (20) percent or more of the area: a. Of those immediately adjacent to the rear or any side of the property, ex. tending one hundred (100) feet from the property; or b. Of those directly opposite across the street from the property, extending one hundred (100) feet from the street frontage of such opposite property. Such special use permits shall not become effective except by the favorable vote of three-fourths of the entire city council. Where land which is adjacent or opposite, as defined above, is owned by the city, such property shall be excluded in computing the required twenty (20) percent, and owners of noncity land within the one-hundred-foot limit, as defined above, shall be considered adjacent or opposite despite such inter- vening city land. The written protest to such special use shall be submitted to the city council no later than the hearing on the proposed special use permit. 1693 § 26-6 WHEAT RIDGE CITY CODE (6) Enforcement. All conditions and stipula- the council find that the conditions a tions imposed by city council shall be main- stipulations have not been satisfac twined in perpetuity with the special use. If rily met, council shall adopt the rei at any time the stipulations or conditions cation ordinance. are not adhered to or are found to have b een (7) Nonconforming special uses: Notwith- materially altered in scope, application or ' standing the provisions of section 26.7, any design, the zoning administrator shall no- tify a code enforcement officer of the nature special use which is nonconforming by the of the violation(s) and the code enforcement of provisions not havinofg this received section approval l of ) special officer shall investigate and, if appropriate, a spal initiate revocation proceedings which shall use permit under prior rules and proce- include the following. dures shall terminate or shall otherwise be- (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the pre- scribed correction date, the zoning ad- ministrator shall schedule a revoca. tion hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, -to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the con.. ditions which apply to the special use permit. Any revocation action shall be- come effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continu- ance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the. date of the continued hearing, should come conforming to these provisions within five (5) years of the date that such noncon. forming status became effective. In addi- tion, within this five-year amortization pe- riod no nonconforming special use shall change ownership without coming into con- formance with this subsection 26-6(B). All other provisions of section 26-7 shall apply. C) Change of Zone (Rezoning): A change of any zo district as shown on the official zoning map is p mitted only when it is consistent with the goals d policies of the Wheat Ridge Comprehen. sive P and promotes the general welfare of the commu ity. If a proposed amendment is not con. sistent 'th the comprehensive plan, then the re- quest ma only be approved if the applicant dem. onstrates t at the request is justified because of changed or c anging conditions in the particular area or in th city in general, or the rezone is necessary to c rect a manifest error in the ex- isting zone class iaation. A manifest error may include, but may t be limited to, one (1) or more of the following. 1) apping errors, including in- correct boundary to ion or incorrect zone desig. nation; or 2) Ordinance rrors, including incorrect zone designation, legal scription error, or typo- graphical errors. The final determination as o a change of zone e. pressly rests in the exercise the discretion of the city council and all applican are hereby ad- wised and informed that there i no right to a change of zone of property. (1) Applicability: The requirements this sub- it the section shall be applicable throng sub- boundaries of the City of Wheat Rid and Supp. No. 14 1694 MEMORANDUM of WMEgr o To: Planning Commission m From: Glen Gidley, Planning & Development Director Re: Industrial District Regulations CAL OR POO Date: December 26, 1996 Recently, City Council directed Staff to begin a process to rezone all Industrial (I) zoned properties in the City to Planned Industrial Development (PID) and to eliminate the Industrial (I) zone district regulations from the zoning district regulations from the Zoning Ordinance (Section 26-24). After a preliminary evaluation of this proposal, it was determined that, due to the City's own limitations on Large Area Rezonings (Section 26-3 (G)), unchallenged rezoning would be improbable. The root of this concern came from establishment of two new businesses on Industrial (I) zoned property in the northwest area of the City which businesses were allowed at C-2 zone uses. Rather than rezone all Industrial zone land, a simple amendment to Section 26-24 (B) to eliminate C-2 uses as "Permitted Principal Uses", but to then amend Section 26-24 (E) to place C-2 uses as Special Uses, would achieve the desired end. ZONING AND DEVELOPMENT § ?624 Sec. 26-24. Light Industrial District (I). (-A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I1-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- Stipp. No. H 1737 $ 26-24 R/HE.4T RIDGE CODE after erected, converted or structurally altered un- less otherwise provided herein extent for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One(1)residential livingunit within acom- mercial building. (3) Outside display or storage subject to the following: (al Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. (b) Nlerchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (41 Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (d If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26-6(A): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a' permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking space or Fire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- Supp. No. LI 1738 ZONING AND DEVELOPMENT § 26-24 erty. In addition. only one 11) itinerant mer• (b) 'When used in this section, the following chant may occupy a premises at anv time. words shall have the following mean- (2) (a) Parking of more than three W) commer- ings: cial truck-tractors and,'or semitrailers 1. "Truck tractor" means any motor on any parcel or tot. where such vehi- vehicle which is generally and com- cles are not related to the transoorta- moniv designed and used to draw tion needs of the business conducted a semitrailer and its cargo load shall require approval of a spe- thereon over the public highways. , cial use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and direction of traffic and drive isles that some part of its own weight , and which shows the proposed flow and that of its cargo load rests upon , parking relative to existing structures or is carried by such truck-tractor and which is generally and com- on and adjacent to the site, to adjacent monly used to carry and transport streets, and which shows point of in- property over the public highwavs. gressiegress to the site. The intent of 3. Any of said vehicles shall be con- this provision is to limit those areas in sidered commercial when utilized which truck-tractors and/or semi- with or as a part of a commercial trailers used in commercial ventures may be parked and is not intended to venture. apply to any noncommercial use of such (c) Any property upon which a special use truck-tractors and/or semitrailers. permit is granted pursuant to subsec- Parking lot design shall meet the stan- tion 12)(a) above shall be conspicuously dards for truck-tractors and semi- posted to indicate the authorization for trailers as specified in section 36.31, the parking of commercial truck- Off-Street Parking Requirements. tractors and/or semitrailers thereon. It shall be a violation of this Code of Laws In addition, the applicant shall submit for any commercial truck-tractor andor, a report which addresses the following: semitrailer to be parked or stored upon property not so posted. Any commer- 1. Traffic impact to adjacent and sur• clot truck-tractor and/or semitrailer rounding street systems; narked in violation of the provisions 2. Noise generated on the subject site hereof shall he subject to the d proposed methods of miti- an of slows of section 13.2 of the Code e of its off-site effects; gating L Laws. 3. Air pollution caused by the new development and the relationship (3) Commercial wholesale greenhouses. with ambient air pollution in the surrounding area. Proposed (4) Manufacturing, processing, warehousing or methods of controlling or reducing a combination thereof of the following air pollution that are part of the development concept shall be de- (a) Instruments of professional, scientific. scribed; and photographic, optical and other sim- 4. Compatibility with adjacent land ilar uses. uses and proposed methods of as- (b) Electrical machinery, equipment and suring compatibility, such as supplies. screening, landscaping, setback of (c) Fountain and beverage dispensing orientation. equipment. Supp. No.5 1739 S 2624 WFE.gT RIDGE CITY CODE (d) Plywood, furniture and similar wood (17) Carpet cleaning and fumigating. products. (e) Small items, such as toys, clocks, jew- elry,fountain pens, pencils and plastic (19) Cheese factory. products. (20) Contractor's plant or storage yard. (f) Transportation equipment. (g) Candy. (21) Electrical motors and armature re-grinding (h) Foods (processing and%or canning). shops. (i) Glass and glass products. (22) Film developing plants. 0) Other similar uses. (5) Printing, engraving and other related re- (23) Ice plants. production processes. (24) Stone cutting or polishing works. (6) Custom fabrication. (25) Warehousing and outside storage in accor- dance with subsection (G)(2) hereof. (7) Research laboratories, offices and other fa- cilities for research, both basic and applied, (26) \fanufaaure of vaccines, serums and toxins; conducted by or for anv individual, organi- provided. that an antidote exists and is zation or concern, whether public or pri- readily available for such vaccine, serums vate. or toxins: provided, further, that approval of such manufacture is received from the (8) Retail sales of any commodity that is man- state deoartment of health and the county ufactured, processed or fabricated only on health deoartment. the premises; and equipment, supplies and (27) Outside storage of vehicles or parking of materials designed especially for use in ag• garbage trucks, when entirely enclosed riculture, mining, industry, business, trans- within an opaque fence. Auto salvage busi- portation, building and other construction. nesses or junk yards are not allowed within (9) Repair, rental and servicing of any com- this subsection. modity that the manufacture, fabrication, (28) Kennels. processing or sale of which is permitted in the district. (29) Manufacturing, fabrication and/or pro- cessing of concrete products. (10) Schools for industrial or business training. (30) Other similar uses approved by city council. (11) Railroad facilities exclusive of yard, main- tenance and fueling facilities. Lot lines (F) Uses Prohibited. Due to the limited area abutting railroad rights-of-way shall have available for the following uses and the proximity constructed upon them a fence of minimum to residential uses, the following uses are specif- height of six (6) feet. ically prohibited. In no instance shall any use listed below be interpreted as a similar use to a (12) Operations required to maintain or support perm itted use: any use permitted on the same tract or lot as a permitted use, such as maintenance (1) Wholesale or retail sale or storage of the shops, power plants, machine shops, and the following: keeping of security animals. (a) Live animals, except for kennels. (13) Terminals for public transit vehicles. (b) Explosives. (c) Junk. (14) Broom factory. (d) Gasoline bulk storage exceeding two (15) Cabinet and woodworking shops. thousand (2,000) gallons, including storage for uses incidental or accessory (16) Caning, express, hauling or storage yard. to any use permitted in this district. Supp. No. 5 1740 ZONTiG AND DEVELOPMENT § 26-2, (e) Explosive or highly corrosive chemi- (6) Rubber manufacturing, processing or rec- cals, such as metallic magnesium, me- lamation. tallic sodium, metallic potassium or el- 7) Sawmill or planing mill. emental phosphorus. (8) Tanning. (2) Basic manufacture of any of the following: (a) Abrasives. (b) Alcoholic beverages distillation. (c) Animal products. (d) Bone black. (e) Fermented malt beverages. (0 Carbon black and lamp black. (g) Charcoal. (h) Cinder or other blocks. (i) Clay or clay products. (j) Detergents. soaps and by-products using animal fat. (k) Fermented fruit and vegetable prod- ucts. (1) Gases, other than those used in accor- dance with subsection (G)(8)(c). (m) Concrete or cement. (n) Glue and size. (o) Gypsum and other forms of plaster base. (p) Matches. (q) Metal ingots, pigs, sand castings, sheets or bars. (r) Oils and fats, animal and vegetable. (s) Paper pulp and cellulose. (t) Portland and similar cements, (u) Turpentine. (v) Wax and wax products. (w) Other similar uses. (3) Manufacturing, fabrication and/or pro- cessing of any of the following: (a) Chemicals, heavv or industrial. (b) Coal or coke. (c) Insulation, flammable type. (d) Paraffins, petroleum or petroleum prod- ucts. (e) Paints, pigments, enamels, japans, lac- quers, putties, varnishes, whiting, and wood fillers. (0 Other similar uses. (4) Meat slaughtering or rendering. (5) Metals, extraction or smelting. (9) Wood preserving by creosoting or other pres- sure impregnation of wood by preservatives. (10) Other similar uses. (G) Performance Standards: The following stan- dards and conditions shall apply to the develop- ment, use, operation and maintenance of any spe- cial use hereinafter approved, as well as to any similar industrial use created prior to adoption of this section. All environmental performance stan- dards set forth are subject to the criteria estab- lished in current federal, state or location regula- tions, whichever criteria is most restrictive: (1) Building enclosures. Every use shall be op- erated in its entirety within a completely enclosed building unless otherwise specifi- cally approved. (2) Outdoor storage and waste disposal: (a) All outdoor storage or warehousing fa- cilities shall be enclosed by a view- obscuring fence, wall and/or land- scaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. Dis- play of finished products for retail sale on the premises may be allowed, as such would be allowed and regulated in the C-1 and C-2 districts. (b) No materials or wastes shall be depos- ited upon a lot in such a form or manner that they may be moved from the lot by natural causes or forces. (c) All materials or wastes which may cause fumes or dust, constitute a fire hazard, or may be edible or otherwise attractive to rodents and/or insects shall be stored only in closed con- tainers. (d) All toxic, corrosive, inflammable or ex- plosive liquids, gases or solids shall be stored in compliance with the currently adopted fire prevention code, Environ- mental Protection Agency standards, Supp. No. 5 1741 § 26-24 «rE-AT RIDGE CITY CODE or similar standards or requirements adopted by an agency of the State of Colorado. away from adjoining properties and be sub- ject to the provisions of section 26-30. (3) Nose. Noise shall be measured on any prop- env line of the tract on which the operation is located and shall be muffled so as not to become objectionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in com- pliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, § 25.12. 101, as amended. (4) Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrications of books, textile weaves, electronic equipment or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresh- olds) Chapter 5, "Physiological Effects," in the' :Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor per. mitted. Detailed plans for the prevention of odors crossing property lines may be re- quired before the issuance of a building permit. Colorado Department of Health, Air Quality Control Commission's currently adopted "Odor Emission Regulation" shall be complied with when found to be more restrictive than the values of the "Air Pol- lution Abatement Manual." (5) Glare and heat. Any operation producing intense glare and/or heat, e.g. welding con. ducted as a regular function of an opera- tion, shall be performed within an enclo. sure in such a manner as to be imperceptible along any lot line of such operation without instruments. (6) Exterior lighting. Any lights used for exte- rior illumination shall be directed light (7) Vibration. Vibration shall not be discern- ible at any property line to the human sense of feeling for three (3) minutes or more du- ration in any one (1) hour. Vibration at any time shall not produce an acceleration for more than 0.1 gravities or shall result in any combination of amplitudes and frequen- cies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equa- tions of said Bulletin No. 442 shall be used to compute all values for the enforcements of this provision. (8) Emission control of smore, dust and gases (a) Smoke: Smoke emissions and capacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Department of Health, Air Quality Control Commission's "Emis- sion Control Regulations for Particu- lates, Smokes, and Sulfur Oxides for the State of Colorado." (b) Dust and Other Particulates: Fugitive dust and other particulate matter from fuel-burning equipment, refuse-burning facilities, and manufacturing shall be controlled in accordance with the Col- orado Department of Health, Air Quality Control Commission's cur. rently adopted "Emission Control Reg- ulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado." (c) Gases: Detailed plans for the elimina- tion of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above-stated "Emis- sion Control Regulations for Particu- lates. Smokes, and Sulfur Oxides for the State of Colorado." (9) Hazard. Any research operation shall be carried on with reasonable precautions against fire and explosion hazards. Supp. Nn .5 1742 ZONING ACID DEVELOPMENT 3 26.24 (10) Radiation control. Radiation and the utili- (b) Conditional and Special Uses: The min- zacion of radioactive materials shall be reg- imum width of side yard shall be ulated so as to conform with Colorado De- twenty-five (25) feet except as follows: partment of Health's currentiv adopted "Rules and Regulations Pertaining to Ra- 1. Thirty (30) feet where adjacent to diation Control." a dedicated public street. 2. Seventy-five (75) feet where a side (11) Electrical radiation. Any electrical radia- yard abuts property zoned Residen. tion shall not adversely affect at any point tial, or where zoned Agricultural an y operations or any equipment other than and there is a residential struc- those of the creator of the radiation. Avoid- Cure within twenty-five (25) feet of ante of adverse effects from electrical radi- the industrial property. There shall _ation by appropriate single or mutual sched- be a six-foot-high solid decorative uling of operations is permitted. wall or fence and ten (10) feet of landscaping adjacent to the prop- iH) Developr.:ent and Use Regulations. erty line. 3. Where a side yard abuts a railroad 1) Maximum height. Fifty (50) feet. right-of-way, no side yard setback shall be required. 2) Minimum lot area. No limitation, provided that all other requirements can be met. (7) Rear yard setback: (3) Maximum lot couerage. Ninety (90) percent. (See section 26-5 for definition.) (4) Minimum lot width. No limitations, pro- vided that all other requirements can be met. (5) Front Yard setback. Fifty (50) feet minimum. (6) Side Yard setback: (a) Principal Permitted and Accessory Uses: Five (5) feet per story minimum, except as follows: 1. Zero setback where structures are constructed of masonry or nonflam- mable material and in accordance with the Uniform Building Code. 2. Thirty (30) feet where adjacent to a dedicated public street. 3. Where a side yard abuts property zoned residential, or where zoned Agricultural and there is a resi- dential structure within Fifteen (15) feet of the commercial property, a five-Coot-per-story landscape buffer and a six-Coot-high solid decora- tive wall or fence shall be required adjacent to the property line. (a) Principal Permitted and Accessory Uses: Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter, ex- cept as follows: 1. Any rear yard which abuts a public street shall have a minimum set- back of Fifteen (15)feet for all struc- tures. 2. Any rear yard which abuts a public alley shall have a minimum set- back for all structures of five (5) feet from the edge of the alley. 3. Where a rear yard abuts property zoned Residential, or where zoned Agricultural and there is a resi- dential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer and a sic-foot-high solid dec- orative wall or fence shall be re- quired adjacent to the property line. (b) Conditional and Special Uses: The min- imum depth of a rear yard shall be twenty (20) feet except as follows: 1. Thirty l30) feet where adjacent to a dedicated public street. Supp. No.5 1743 § 25-24 WHEAT RIDGE CITY CODE 2. Seventy-five (75) feet where a side yard abuts property zoned Residen- tial, or where zoned Agricultural and there is a residential struc- ture within twenty-five (25) feet of the industrial property. There shall be a six-foot-high solid decorative wall or fence and ten (10) feet of landscaping adjacent to the prop- erty line. 3. Where a rear yard abuts a rail- road right-of-way, no rear yard set- back shall be required. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26.32 (10) Fencing requirements. See section 26-30(I) (11) Sign requirements. See the Code of Laws, Chapter 26, Article rV. (Ord. No. 1989-801, § 6, 7.24-89; Ord. No. 1990- 827, § 1, 4-9.90) Supp. No. 5 1744 C_'TV O? '+v=E=T RIDGE, COL.=.AO ItiTROD-uCED By COL\iCIL 1=-=R Council Bill No. 46 Ordinance No. 1052 Series of 1995 TITLE: AN ORDIN MCE REQUIRING SPECIAL, USE PERMITS FOR MORTUARIES WHEREAS, the City Council- wishes to reculre that new develooment of mortuaries in t.^.°_ C-1 C-2 and T Districts fir's receive a soeclal use permit oursuant to Section 25-5(3) of the Code O LaWs. _ 3E ORDAINED 3Y THE CT -V COu1CIL 0= T E CITY p ;v'-AT R=DG3, COLOR-AM. AS ?OLLOWS: Section 1. Subsection 26-22(3) (20) of the wheat Ridge Code of La' is herebv deleted. Section 2 Subsection 26-22(E) o: the Wheat Ridge Code off Laws is amended by =enuaLbering existing subparagraph 26-22(E) (8) as 25-22(5)(9) and inserting a new subparagraph 26-22(°)(8), to read: (9) Mortuaries. WheaC RjC-- Code of Section 3. Subsection 25-23(E) Of the Laws is amended by inserting a new subparagraph 26-23(E)(5), CO read: (S) ^!ortuaries. Section 4 Subsection 26.24(") Of the Wheat Rid=e Code of Laws is amend=_d by renumbering existing subparagraph 26J-24(E)(30) as 26-24(E)(31) and inserting a new subparagraph 26-24(E)(30), to read: (30) Mortuaries. Section S. Existing Facilities. Mortuaries in existence on the effective date of this Ordinance shall not be affected thereby and shall not be reQulred CO obtain a special use permit under Section 26-6(B) of t.n.e Code of Laws. Section 6. Safetv Clause. The city council hereby ii..n.ds, determines, and declares that this Ordinance is oromulgat=_d under the general police power of the Citv of Wheat Ridge that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservarion o" health and safety and for the protection of public convenience and welfare. The City Council further determines that th=_ Ordinance bears a caossr.t~ ;ux.i _e_ at ion to the or0-1eolve Oo]ect HC':l nC CJ attained. Section 7. Severabili ty. _t env C1auSe, or _Dd== of tnis Ordinance or =coSic-at_on to a-%, z)erson or u.Ts t3nCes snail or any _;~aJO. D2 ]UC~~~ DY a court. O= COGID_cn_.n.~. - ]u.io . inv,°..1 cm2n:- - s . n...l a"e^r ~.~_O:n . _i d, HLG : ]LCD.. _l _ ..^.o_ _mmai_ or 1-Val-dace the __...c_^08- O- c:'nis Ordi a--ce or '_:3 anolication to other oersons O_ circumstances. Section 8. Effective Date. This Ordinance shall take effect _=edi-ateiv after final Dublicat_On. INTRODUCED, READ, AND ADOPTED on first reading by a vote 07- 7 to 0 on this 23rd day of SeDte-mDer 1995, Ordered oubl isnad in -full in a newsoacer of_ General circulation -n the City or W:,--at Ridge and Public and con51d2rat ion on =i--31 Dassage set for October 14 1995, at 7:00 o'clock o.... in the Council Cnamzers, 7500 Wes.t 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on Second and fin-al reading by a vote of S to 0 this 14th day of October 1995. S£GNED by the Mayor on this 15th day of Occober 1996. D]N' WITDE, _AYOR ATTEST: : A-NDA SANG, CIT? 6K~Y APPROVED AS TO FORM BY CITY A T Ta-R?< Y) 1st Publication: October 4, 1996 2nd Publication: October 18, 1996 ;;meat Ridge Transcript -f-fective Date: October 19, 1996 c osXr,ii-:;0s.i -2- CTT- OF W :EAT RIDGE COLOZIDO INTRODUCED By COUJiC_7L =13ER Da~bzG Council Bill No. 47 Ordinance No. 1053 Series cf 1995 TITLE: AN OZ7INANCE REQUIRING SPECIAL USE P-ERMITS FOR CRE 2kTORIES Sv EREAS, the City Council wishes to _eaiui_e that new develooment of crematories in the C-1, C-2 and 1 Districts first -receive a s'pec'ial use permi c pursuant CO JeGf luel c0 0 \n/ of Code of Laws. CITY COUNCIL OF _-.n CITY 0? W -HEAT RIDGE, BE IT ORDAT_NED BY THE TH COLORA.DO, AS FOLLOWS: sect; on 1 Subsection 27_22(E) Of he heat Ridge Code o= Laws is amended by amending suhoaragrann 26-22(E) (8) to read: (S) Mortuaries CREMATORIES. Section 2 Subsection 25-23(E) of t'- Wheat Ridge Cod_ of is a.menced by amending suboaragraoh 20_73(3)(5) to read: (S) ':Orcuaries AND CRE:.LaTORIES Section 3. Subsection. 25-7_(E) o- the Wheat Ridge Code of _awg is attended b at:en..l. SL ^aragrap.^. 26-24(E)(30) to read: (30) Mortuaries 1-N7 CREI-ATORIES. Section 4. Existin4 Facilities. Crematories in existence o.^. the effective date of this Ordinance shall not be affected thereby and shall not be reouired to obtain a soecial use pe--mit under Section 20'0(B) of the Code of Lawn Section 5. Safetv Clause. The City Council hereby finds, deter.T,ines, and declares that this ordinance is _oromulgazed under the general police power Of the Cicv of Wheat Ridge tnat it is promulgated for the health, safety, and welfare of the public and that chi s Ordinance is nece_ssarv for the o-eserVation o: health and Safety and for the protection .Of public convenience and welfare. The C itv Council further determines that the Ordinance pears a rationaL relation to the proper legislative object sought to be attained. Section 5. Severabilitv. _f anv clause, sentence, paragrap-, or part of --'--is Ordinance or \p_olication cherec= to any person or circumstances shall for any reason be judged by a court of Gc0 5;0::~ In 3 S I.I.I C 77 to oersc-s or cir=s--ces. S@Ct10^ / 2C X1•%2 Date. .._ta O==PanOe ni:a11 za..e _aze V after __._a1 ou0_l..a__on. -INTRODUCED, READ, AND ADOPTED on first reading by a vote o 7 C O 0 on . - . s 23rd da.,- O . September e_2 d a J-d0 _ - C _ n ° ` a 1 Ci cut a ' t i 1 O . n995, n C o R ra. _ i 1 i s ii n . _ =u 11 .v _ H . a_..ri . a._ g a_. i.. C_CV -LO 0- W.---c: Ridge and Oub11.. ::2d__^y and CO:!S_Ce_a.._on on -assage set _0r Or 14 1995, at 7:00 o'--lock g.-. , i n t.._ Council Cna.T:bers, 7500 West 2912 Avenue, Wheat Ridge, Colorado READ, ADOPTED AUD ORDERED PUBLISHED on second and °i^31 reading by a vote of S to 0 this 14th day o October 1:95. SIGNED by tha %?avor on this 15th day of October 90- ATT ...\~A SANG, CITY G:~?i: 1St Publication: October 4, 2nd Publication: October IS Sdheat ~id42 TrdnSCri_OC Effective Data: October 19 L99o 1996 L99o D?V WTLDE, KAYOR A??ROVED AS TO r0?Li 3Y C=TY ATTO l GE2aLD E. D,=:L, C>.. :~.1 3V3Y GcO Jij:`. laiii].I ZONING AND DEVELOPMENT Sec. 26-23. Commercial-Two District (C-2). (A) Intent and Purpose: This district is estab- lished to provide for areas with a wide range of commercial land uses which include office, gen- eral business, more intensive retail sales, whole- sale businesses, and light manufacturing. This dis- trict generally depends on the entire region for the market area. Permitted Principal Uses: No building or. land shall be used and no building shall be here- 4 26.25 after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) All uses permitted in the Commer-:_" District as "permitted principal uses." (2) Amusement parks. (3) Animal veterinary hospitals and clinics. (4) Auction houses. (5) Auto service and maintenance shops, in- cluding tire sales and recapping, muffler shops, auto and light-duty truck fueling sta- tions, detail shops, tune-up si•~: s, ca: washes, upholstery shops, radiator repair shops, lubrication service, sound system shops, major mechanical repair [shops(, body work, and painting, but excluding any such use primarily for service, repair or mainte- nance to truck-tractors or semitrailers, sub- ject to outside storage provisions set forth in subsection (C)(3) hereof. (6) A building contractor's service shop and storage yard incidental to an office/show- room principal use. This would include car- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similar uses which do not use heavy equipment in the business, but, liow- ever, do have vehicles, tools, machinery and supplies used in the business stored upon the premises, either inside or outside, and where some custom work may occur upon the premises. All outside storage areas shall be screened from view from adjacent prop- erties and streets by a six-foot opaque wall or fence. Stacking of materials and sup- plies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation, smoke or fumes are pro- duced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment of use of adjacent properties. (7) Cold storage plant .;,,pp. No. 15 1733 § 26--23 NHI:-%T RIDGE CITY CODE (S) Construction- equipment and heavy equip- ment sales, service, rental and storage, sub- - ject to outside storage and display provi- sions set forth in subsection (C)(3) hereof. (9) Creamery and milk distribution stations. (10) Dying and cleaning shops. (11) Farm equipment sales, service and storage, subject to outside storage and display pro- visions set forth in subsection (C)(3) hereof. (12) Government or quasi-governmental build- ings and offices, fire stations, or public utility buildings, where outside storage or repair facilities are planned subject to out- side storage provisions set forth in subsec- tion (C)(3) hereof. (13) Homes for the aged, nursing homes and con- gregate care homes. (14) Ice plants and delivery stations. (15) Manufacturing and/or light industrial op- erations, where operation of any one (1) ma- chine does not exceed five (5) horsepower, excluding any industrial operation listed in any other section of this chapter, subject to outside storage provisions set forth in sub- section (C)(3) hereof. (16) Mobile or modular homes or building sales. (17) Shops for custom work or for making arti- cles, materials or commodities to be sold at retail on the premises, and where no single machine exceeds five (5) horsepower; and provided, that no excessive noise, vibra- tion, dust, emission of heat, glare, radia- tion, smoke or fumes are produced to the extent that it is dangerous, hazardous or a nuisance to the reasonable enjoyment or use of adjacent properties, subject to outside storage provisions set forth in subsection (C)(3) hereof. (IS) Theatres (including drive-ins). (19) Mini-warehouses for inside storage. (20) Wholesale businesses. (21) Woodworking or carpentry shops for the making of articles for sale upon the prem- ises, such as cabinets or custom furniture; provided, however, that no excessive noise, vibration, dust, emission of heat, glare, ra- diation, smoke or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment or use of adjacent properties. (22) Any similar use which, in the opinion of the zoning administrator, or upon appeal of his decision, of the board of adjustment, would be compatible in character and im- pact with other uses in the district, would be consistent with the intent of this dis- trict, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vi- bration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) Residential uses in commercial zones shall be allowed under the following conditions: (a) Residential use shall be located only on a floor other than the ground floor, or if located on the ground floor, re- stricted to the rear half of the building. (b) Residential dwelling density shall not exceed one (1) dwelling unit for each five thousand (5,000) square feet of lot area. (c) Residential dwelling units shall be no less than five hundred (500) square feet each. (d) Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. (e) Where it is intended to convert an ex- isting residential structure, either par- tially or wholly, to a commercial use, then commercial development stan- dards shall be applied for parking, land- scaping and residential buffering. Any supp. No. 15 1734 ZONING,'-\-D DEVELOP fE`T changes to building floor area shall fully comply with all commercial de- velopment standards. (f) No new residences as a primary or prin- cipal use shall be allowed. (3) Outside display or storage subject to the following: (a) (b) (c) Merchandise, material or stock for sale or rent may be displayed or stored within ten (10) feet of the front of build. ings without being screened, except that required parking spaces or Fire lanes shall not be used for such outside display or storage. Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a, parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or Fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. § 2623 (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc. cupy a parcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (6) Parking of more than three (3) commercial truck-tractors and/or semitrailers on any parcel or lot, where such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illus- trates location and size of all parking spaces and drive isles and direction of traffic flow, and which shows the proposed parking rel- ative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck-tractors and/or semi- trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of such truck- tractors and/or semitrailers. Parking lot de- sign shall meet the standards for truck- tractors and semitrailers as specified in section 26.31, Off-Street Parking Require- ments. (9) Temporary outside storage utilizing semi- trailers, other trailers, shipping containers or other nonstructural enclosures for which a building permit is not required shall only be allowed as a temporary use approved pur- suant to section 26-6(D)). Any temporary use permits granted by the board of adjust- ment for such outside storage methods shall require a six-Coot-high view-,-obscuring screen or fence around the trailers or con- tainers so as to minimize visual impacts to surrounding properties and streets. Any ex- Supp. No. 15 1735 3'-0-'-'3 WHE_4T RIDGE CITY CODE isting outside storage trailers or containers apply to any noncommercial use of such shall be removed or otherwise come into truck-tractors and/or semitrailers. _ conformance with these provisions by July Parking lot design shall meet the stan- 1, 1996. dards for truck-tractors and semi- (D) Conditional Uses: The following uses shall trailers as specified in section 26.31, be permitted only upon approval of the Wheat Off-Street Parking Requirements. Ridge Planning Commission and city council, fol- the applicant shall submit In addition lowing procedures as set forth in section 26-6(A): , a report which addresses the following: (1) Electric transmission substation. 1. Traffic impact to adjacent and sur- (E) Special Uses: The following uses shall be rounding street systems; permitted only upon approval of the Wheat Ridge 2. Noise generated on the subject site Planning Commission and city council, following and proposed methods of miti- procedures as set forth in section 26-6(B): gating its off-site effects; (1) Itinerant sales of any item permitted in this . Air pollution caused by the new 3 district upon a parcel which is vacant or development and the relationship occupied by a permanent principal per- with ambient air pollution in the surrounding area. Proposed mitted use; provided, however, that such methods of controlling or itinerant sales do not occupy required the paft of f the pollution ion that t are are part parking space or fire lanes, do not occupy de development concept shall be de- the sight distance triangle required at the scribed; and intersection of two (2) streets if on a comer 4. Compatibility with adjacent land property, are setback at least ten (10) feet uses, and proposed methods as- from all property lines and do not exceed from surfing compatibility, such h as thirty (30) days'occupancy of the same prop- screening, landscaping, setback of erty. In addition, only one (1) itinerant mer- orientation. chant may occupy a premises at any time. A temporary use permit shall not be issued (b) When used in subsection (2)(a) above, by the board of adjustment. the following words shall have the fol- (2) (a) Parking of more than three (3) commer- lowing meanings: cial truck-tractors and/or semitrailers 1. "Truck tractor" means any motor on any parcel or lot, where such vehi- vehicle which is generally and com- cles are not related to the transporta- monly designed and used to draw tion needs of the business conducted a semitrailer and its cargo load thereon, shall require approval of a spe- over the public highways. cial. use permit. In order to evaluate 2. "Semitrailer" means any wheeled the proposal, the applicant shall submit vehicle, without motive power, a site plan which adequately illustrates which is designed to be used in con- location and size of all parking spaces junction with a truck-tractor so and drive isles and direction of traffic that some part of its own weight flow, and which shows the proposed and that of its cargo load rests upon parking relative to existing structures or is carried by such truck-tractor on and adjacent to the site, to adjacent and which is generally and com- streets, and which shows point of in. monly used to carry and transport gress/egress to the site. The intent of property over the public highways. this provision is to limit those areas in 3. Any of said vehicles shall be con- which truck-tractors and/or semi. sidered commercial when utilized trailers used in commercial ventures with or as a part of a commercial may be parked and is not intended to venture. Supp. No. 15 1736 ZONING .-AND DEVELOPMENT § 26-23 .(c) Any property.upon which a special use pling Street, Ward Road north of West permit is granted pursuant to subpart 44th Avenue, and Youngfield Street (E)(2) hereof shall be conspicuously shall be setback a minimum of fifty (50) posted to indicate the authorization for feet. the parking of commercial truck- (6) Side yard setback. Based upon the specific tractors and/or semitrailers thereon. It adjacent land use and adjacent public site Laws shall be a violation of this Code of , one (1) more of the following re- streets for any commercial truck-tractor and/or , quirements shall l apply: semitrailer to be parked or stored upon property not so posted. Any commer- (a) Five (5) feet per story minimum, ex- cial truck-tractor and/or semitrailer cept a zero setback may be permitted parked in violation of the provisions where structures are constructed oCma. hereof shall be subject to the provi- sonry or nonflammable material and sions of section 13.2 of this Code of in accordance with the Uniform Laws. Building Code. (3) Any other use not specifically listed in this (b) In all cases, thirty (30) feet where ad- district may be permitted as a special use jacent to a dedicated public street. where the planning commission and city (c) In addition to building setback as re- council find, in addition to the standard re- quired by subsection (a) above, where a view criteria for all special uses as set forth side yard abuts property zoned residen- in section 26.6(B), that a specific site is tial, or where zoned Agricultural and uniquely appropriate for the use proposed. there is a residential structure within fifteen (15) feet of the commercial prop- (4) Pawn shops. erty, a five- foot-per-story landscaped (F) Development and Use Regulations: buffer, plus a sic-Coot-high solid deco- rative wall or fence, shall be required (1) Maximum height. Fifty (50) feet. between the building and the property (2) Minimum lot area. No limitation, provided line. that all other requirements can be met. (7) Rear yard setback. Based upon specific site, (3) Maximum lot coverage. Ninety (90) percent, adjacent land use and adjacent public with a minimum of ten (10) percent of the streets, one (1) or more of the following shall lot being landscaped. apply (4) Minimum lot width. No limitations, pro- (a) Ten (10) feet for a one-story building vided that all other requirements can be and an additional five (5) feet per each met. additional story thereafter. (b) In all cases, any rear yard which abuts (5) Front yard setback. Fifty (50) feet minimum, a public street shall have a minimum except as follows: setback of fifteen (15) feet for all struc- (a) Thirty (30) feet for structures on lots or tures. portions of lots which abut a cul-de-sac (c) In all cases, any rear yard which abuts bulb. a public alley shall have a minimum (b) Thirty (30) feet where the height of the setback for all structures of five (5) feet buildingdoes not exceed thirty-five(35) from the edge of the alley. feet, and where the front setback area (d) In addition to building setback as re* is completely landscaped, exclusive of quired by subsection (a) above, where a ingress/egress drives on either side of a rearyard abuts property zoned residen- structure tial, or where zoned Agricultural and . (c) Structures on lots which abut Sheridan there is a residential structure within Boulevard, Wadsworth Boulevard, M- fifteen (15) feet of the commercial prop- Supp. No. 15 1737 § 26-23 WHEAT RIDGE CITY CODE erty, a-five-foot-per-story landscaped buffer, plus a sir-foot-high solid deco- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26-31. (9) Landscape requirements. See section 26-32 (10) Fencing requirements. See section 26.30(I) (11) Sign requirements. See Wheat Ridge Code of Laws, Chapter 26, Article rV. (Ord. No. 1989-801, § 4, 7-24-89; Ord. No. 1990- 527, § 1, 4-9-90; Ord. No. 1993.945, § 2, 12-13-93; Ord. No. 1994-978, § 2, 10-10-94; Ord. No. 1994- 981, § 1, 11-14-94; Ord. No. 1995-993, § 2, 3-27-95) Sec. 26-24. Light Industrial District (I). (A) Intent and Purpose. The intent of this dis- trict is to permit the use of previous Industrial (I)-zoned property for commercial and light indus- trial uses. Rezoning to Industrial (I) Zone District classification shall not be permitted; however, ex- isting Industrial (I)-zoned property may be devel- oped and used in accordance with provisions set forth herein. (B) Permitted Principal Uses: No building or land shall be used and no building shall be here- after erected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) Any use permitted in the Commercial-One District (C-1) or-Commercial-Two District (C-2) as a permitted principal use. (C) Permitted Accessory Uses and Accessory Buildings: (1) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ities, and other similar facilities. (2) One (1) residential living unit within a com- mercial building. (3) Outside display or storage subject to the following: (a) Merchandise, material or stock for sale or rent may be displayed or stored (b) (c) within ten (10) feet of the front of build- ings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. Merchandise, material or stock may be stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- cent properties and streets by a six-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. The above shall not apply to operable automobile or light-duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that re- quired parking spaces and fire lanes shall not be used for storage or display. (4) Storage buildings, sheds, garages, work- shops and other similar structures when ac- cessory to the primary use. (5) Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels or upon developed par- cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) If located upon a parcel which is occu- pied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. (e) No such temporary sales lot shall oc- cupy a parcel without first having re- ceived an administrative temporary use Supp.No.15 1738 ZOMXG aND DEVELOEMEYT permit, business license, sales ta.-c li- censes, and building permit(s) as may be required by the City of Wheat Ridge. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26.6(A): (1) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and city council, following procedures as set forth in section 26-6(B); all spe- cial uses shall be subject to the performance stan- dards as set forth in subsection (G) hereof: (1) Itinerant sales of any item permitted in this district upon a parcel which is vacant or occupied by a permanent principal per- mitted use; provided, however, that such itinerant sales do not occupy required parking space or 1-ire lanes, do not occupy the sight distance triangle required at the intersection of two (2) streets if on a corner property, are set back at least ten (10) feet from all property lines, and do not exceed thirty (30) days' occupancy of the same pro- § 2624 Cupp. No. 15 1738.1 CIT- O? RIDGE, COLORADO r?iTRODuCED BY COL,;CIL =:-ER 6 Council 34_11 NO. Ordi-ante Na. 1052 Series Of 1996 TITLE: 3*i 02DIN3P7CE R3QuIRING S? Clah USS PERMITS FOR MORTti: 2 W:?EREAs' Che City Council Wishes to reduire that new develooment of mortuaries in G"°_ C-1 C-2 and T Districts First receive a soecial use permit pursuant t0 S°c:,_ion 20'-6(3) Of the Code of Laws. - BE 77 ORDAINED BY -.J CT7V COu-`C_u 0- CITY 07 W.,EAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 26-22(B) (20) Ot tn° Ri =e Code of Laws is herebv deleted. Section 2. Subseccion 26-22(E) O- the wn~ac Ridge Code 0- Laws 1s amended Dv renuiaberin existing subparagraph 20-22(=) (5) as 26-77(8)(9) and inserting a new subparagraph 26-22(--)'(8), to read: (a) Mortuaries. Section 3. St:Osect'_on 26.23(-) Ot ch° Wheat Rid=e 0002 O= Laws is amended by insertin.C a new suboarag Caoh 206-23(E) (5) to -=ad - (5) ~fO rcuari 2s. Section S Subsection 26.2$(%) OC cne Wheat Ridge Code Of Laws is amended by renumbering existing subparagraph 26-21' (n)(30) as 26-24(E)(31),and inserting a new subparagraph 26-2~(3)(30), to read: - (30) MOrcuaries. Section 5. Existing Facilities. mortuaries in existence On the effective date of this Ordinance shall not be of Eec7ed thereby and shall not be required to obtain a special use oe--Mic L'.-.der Section 26-6(3) of tae Code of Laws. Section 6. Safety Clause. The City COUnCil hereby finds, determines, and declares that this Ordinance is prOmulgated u'.^.d the General police ooWer oC the city OC Wheat Ridge, chat is '_s promulgated for the health, saieiy, and welfare of the public and that this Ordinance is net°_ssarv for the preseryaticn of 'n.ealth and safety and for the protection of public convenience and welfare. T.n._ City Council further determines that c.n.e Ordinance bears a e _ .7 ~l7 : :-:j .7 _ _ J 1, ✓ j J v _ _ to ✓ a_t,.a Wined. Section. Sev raa l t_v C1^.r_Je, S_ or _ O_ -U"...ar-On t:^.?r_..= 7o =n%' oe-SO:-. of l5td.^.C°5 5:1a11 _O: cnv reason be by a COu_ O_ CO^:02Zeat ]UriSdiCt_C^ inV-al id 5u'Cn ]Udg^nntySaal1 not af:2C' _.T..o3__ O_ invalidate the ntnn of Gh_5 Ordi nnnca _ Or '_CS ao0licatiOn CO Other Pecs Oas or C1rcu stances. SectiOn 8. Effective Date. This Ordinance shall ake effect immediately after final publication. INTRODUCED, R::A , AND ADOPTED On first reading by a vote or- t. o 0 ore this 23rd ordered day Of Seoca=ber lc - yo, ou,olisned in full in a rewsoap2r O: general circulation in . the City Of a^°dt Ridge dIld OULJIiC H°Bri Pq and cons iC2rati 0-• On °i-+gl passage set for October 14 1995, at 7:00 o'cloc p.-., in the 1 N eounc_'l CAamoers, 7500 West 29ta Avenue, Sdn2at Ridge, C'OIOraCO. READ, ADOPTED AND 02DERED PUBLISHED on second and final reading by a vote of 8 to 0 this 14c4 day of October 1995. S7GVED by the .savor on this , 15th day of October 1996. DAN P!_sDE, KaYOR :PANDA SAVG, C:Tt -2) ----K 1st Publication: October 4, 1996 2nd Publication: October 18, 1996 1.4 eat Ridge Transcript Effective Date: October 19, L996 a?PROVED AS TO FORM BY CI1Y A-'1 y UIv v?1P.S.D9 E. -DA-.HL-,, __-Y 1TTORN'- C=TY OF 'n :EAT RIDGE, COLOZ?70 3V='207uCE0 By CO.j-?iC ==IR n=lb~c Council 3i11 No. -7 .0rdi_^_ance No. 1053 Series of 1996 TITLE: 1V ORDINANCE REQUIRING S?ECIA USE ? ZfITS FOR C`LzTORIES ;iH7-D _~..'-kS, the City Coum-41 Wishes to r°OL'i r° that new d°_velOO - C: rem t0ri i t-e_ C-l _ and - Districts f ~i me _nt of e_s C-7 _ d_rst r eCeiVe a special use oermit oursuant to Section 26-5(3) O: the Code of Laws. 3E 7-1 ORDAINED 3Y THE C77Y COJ?iCIL OF THE CITv OF LT-EAT R_CGE, COLD LL,O, AS =OLLO'WS: SeCfrom 1 Su^sSu'-section 25-27(=) Of z:'.° SJ^e3t ridge Code Of a'«s is ameTCed by amending subparag=ao.l 26-22(=) (5) t0 read: (S) Mortuaries AND CREMATORIES. Section 2 Subse-tion 29-23(=) OL t.^.2 wh?3t R'_Cge_ Code of Lews is amended by -amending subparagraph 26-23(E)(3) to read: . (5) Xortuaries AND CR°_?'L`,703IES. Zidge Code of Section 3. • Scbsection 25•2-(E) O= then w-` at : ragraoh 26-2-'(-)(30) t0 read: Laws is ame.^.Ced by a':enC1.^g Su --Pa (30) Mortuaries ALND C'.ELLATO'.IES. Section 4. Existing Facilities. Crematories in exL stence on Che effective dace of this Ordinance shall not be affected thereby an shall not be required Co obtain a soecial use permlt_. under Section 26-5(3) of the Code of Laws. Section 5. Safetv Clause. The City Council hereby finds, determ,ine_a', and declares that this Ordinance is promulgated under the general police power of the City Of Wheat : idge, that it is promulgated for the ae_alth, safety, and welfare of the publiC and t.^.at this Ordinance 1s nece_ssarv for the oreser'vation oc .^.e_alth and sacerv and for the ororection 0= oublie convenience and Welfare. he City Council further de_termine_s that the Ordinance bears a rational relation to the proper 1Bcislacive object sought to be attained. Section 6. Severabilitv. _f anv clause, sentence, paragrapa, or oars of this Ordinance Or AoolicaciOn c::ere0c c0 anv person. Or Circumstances shall for any reason be judged by a court 0f GE7 Sid: T•Inifll.l n ^.D1_can 'on to of:h oe rs ons or c_rcLas 7 ancas. Section 7. "ective Date. ` RlS orC; .=.~ce s.^ai _ t3.<°_ _ecz INTRODUCED, READ, AND ADOPTED on.. first reading by a vote of 7 to 0 on this 23rd day o Seoce_-Qer 1994, ordered Duoli s",ed in full in a rewsDaoer of general circulationn. In the City of Wheat Ridge and Public Vearina and consideration on 4 DassaCe set for October 14 1990', at 7:00 o'clock o.' in Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second a-nd Final readi^g by a vote of S to O this 14th day of Occo Der 1995. SIGVED by the :__vor or this 15th day of October 19 95. D?V W7LD3, iLaYOR AT: EST: / j APPROVED AS TO FO?.'•: BY CITY ATTO `J ✓ GERALD E. DAiL, C.<. i RIN nY 1st Publication: October 2nd Publication: October ;1.aat Ridge Transcript __=ective Date: October 4, 1996 18, 1996 19, 1996 § 26.6 WHEAT RIDGE CITY CODE Sec. 26-6. Legislative and administrative pro- cess and procedures. This section sets forth the procedural and sub- stantive requirements which apply to the various administrative and legislative processes estab- lished by this code, and as may be required by other city ordinances and/or state law, where ap- plicable. PP .A) Conditional Uses: Conditional uses are per- mitte uses w s =are 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 specifically enumerated. The primary issues which the planning commission shall address are those 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. In order to achieve compatibility, the plan- ning commission, and city council upon appeal, shall have the right to approve, approve with mod- ifications, or deny a conditional use request. (1) Applicability. The requirements of this sub- section shall apply to all uses listed as "Con- ditional Uses" within any particular zone district. (2) Application form and review procedures: (a) Prior to submitting any application for a conditional use permit, the applicant shall be required to hold a neighbor- hood input meeting (see subsection (F)(1) for requirements). (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- ning and 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 dollars ($100.00). (d) All applications shall also be accompa- nied by a site development plan and additional written information in suf- ficient detail to convey the full intent of the applicant in developing, oper- ating and maintaining the conditional use. The site plan shall meet the re- quirements of a TYPE I SITE PLAAI 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 of a scheduled public hearing on the application by newspaper publication, letter notification and posting in the manner as provided in subsection (F)(1). 3. Prepare 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). (3) Criteria for review. Before a conditional use is approved, the applicant shall show, and the planning commission shall find, the pro- posed conditional use: (a) Will not have a detrimental effect upon the general health, welfare, 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 significant air, water or noise pollution. (c) . Is consistent with the comprehensive plan. (d) Will not result in undue traffic conges- 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) Will be appropriately designed, in- cluding setbacks, heights, parking, Supp. '4 14 1690 ZON N'G AND DEVELOPMENT bulk, 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. (f1 Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. (-I) Planning commission review. Planning com- 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 decide to approve, approve with conditions, or deny the appli- cation, basing its decision upon the facts presented in the public hearing in consid- eration of the criteria for review as speci- fied in subsection (3) above. Planning 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- ticular zone district or for a similar "per- mitted 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 conditional use. (5) Appeal. An applicant, or any aggrieved property owner within 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 for the appeal, with the Wheat Ridge City Clerk within ten (10) 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 hear ad- ditional evidence and testimony presented, § 26-6 and shall decide to sustain, amend or reject the planning commission decision, with its decision being based upon all evidence pre- sented and the planning commission record, with due consideration of the criteria for review. (6) Enforcement. All conditions and stipula- tions imposed by the planning commission or city council shall be maintained in per- petuity with the special use. If at any time the stipulations or conditions 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(s) and the code enforcement officer shall initiate standard enforcement proceed- ings. --1(B) Special Uses: Special uses are discretionary uses w 1c are c early shown to be void or defi- cient in an area 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 for approval is through inheritance by an heir. The primary issues which the planning commission and city council shall address are 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 request 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 particular zone district. Supp. No. 14 1691 § 26-6 WHEAT RIDGE CITY CODE (2) Application form and review procedures: 7. Proposed site development ele- (a) Prior to submitting any application for ments, including general building a special use permit, the applicant shall envelopes, landscape/open space be required to hold a neighborhood buffers, parking and loading areas, input meeting (see subsection (F)(1) for and outside work, storage or dis- requirements). play areas. (b) Special use applications shall be origi- 8. Site data table, including gross and nated only by the prospective owner of net lot area, maximum building the proposed special use, with written coverage, maximum floor area of approval of the fee owner of the prop- buildings, landscape/open space erty in cases where the owner of the area, parking area, maximum property is different than the owner of building height, etc. the proposed special use. Both the spe- (e) Upon receipt of a complete application cial use owner and the land owner, or packet as described above, the plan- their legal representatives, must be ning and development department present at all public hearings. shall proceed with the following pro- (c) Application shall be submitted on forms cess: provided by the department of plan- 1. Refer the application to affected ning and development and shall be ac- public agencies for review and com• companied by a copy of the property deed, a certified survey and a fee of one ment. 2. Within thirty (30) days of accep• hundred dollars tance of a completed application (d) All applications shall ll also so be accompa- packet give notice of a scheduled a a site development plan an and d , public hearing on the application addinal written information in suf• additional newspaper pu blication, letter by o t detail to convey the full intent notification and posting in the he f f the applicant in developing, oper- manner as provided in subsection ating and maintaining the special use. (F)(1). The site development plan shall meet 3. Prepare a written report and rec- the following minimum requirements: to the planning ommendations 1. Sheet size: 8.5 x 11 inches min- commission, which evaluates the imum. proposal and makes findings using 2. Scale and north arrow, the following review criteria set 3. Property boundaries and lot lines forth in subsection (3) below. with dimensions. 4. Existing and proposed public street (3) Criteria for review. Before a special use is rights-of-way, public easements, ir- approved, the applicant shall show, and the rigation ditches, drainage ways planning commission and city council shall and other easements affecting the find, the proposed special uses: site. (a) Will meet a proven public need in that 5. Existing and proposed public im- it will fill a void in necessary services, provements within and adjacent to products or facilities especially appro- the site, including curbs, gutter, priate at the location proposed, consid• sidewalk, street pavement, ering available alternatives. drainage improvements, street (b) Will not have a detrimental effect upon lights, etc. the general health, welfare, safety and 6. Existing and proposed street ac• convenience of persons residing or cess points or curb cuts and dimen- working in the neighborhood of the ero- sions thereof. posed use. Supp. No. 14 1692 ZONING -ND DEVELOPMENT § 26-6 (c) Will not create or contribute to blight recommendation for denial shall be consid- in the neighborhood by virtue of phys• ered final, unless the applicant files an ap- ical or operational characteristics of the peal to city council. proposed use. (o) City council review. City council shall re- (d) Will not adversely affect the adequate clew and decide de upon all requests for - light and air, nor cause significant air, lan cial uses upon recommendation of the plan- water or noise pollution. ng commission for approval or upon ni (e) Is consistent with the comprehensive appeal by an applicant of a recommenda- plan. for denial by the planning commission. tion (E) Will not result in undue traffic conges- Will Special uses may only be approved by pas- or traffic hazards, or unsafe tion sage of an ordinance, following the city's parking, loading, service or internal ard ordinance adoption procedures. standard conflicts to the detriment of per- s t Notice of public hearing shall be in the sons whether or off the site. manner provided in subsection 26-6(F)(1). (g) Will be appropriately designed, in- City council, in addition to consideration of cluding setbacks, heights, parking, the planning commission record, shall hear bulk, buffering, screening and land- b bulk, additional evidence and testimony pre- harmony and , as to be sented, and either pass, pass with modifi- compatible with the character of the cations, or deny the ordinance, its decision surrounding areas and neighborhood, being based upon all evidence presented, especially with adjacent properties. with due consideration of the criteria for (h) Will not overburden the capacities of the existing streets, utilities, parks, review. schools and other public facilities and In the event of a protest against such spe- services. cial use permit, signed by the owners of (4) Planning commission review: The planning twenty (20) percent or more of the area: commission shall hear and consider any ev- a. Of those immediately adjacent to the idence or statement presented by the appli• rear or any side of the property, ex- cant, city staff, or by any person in atten- tending one hundred (100) feet from the dance at the hearing. The planning property; or commission shall then make a recommen- b. Of those directly opposite across the dation to city council to approve, approve street from the property, extending one with conditions, or deny the applicati6n, hundred (100) feet from the street basing its recommendation upon the facts frontage of such opposite property. presented in the public hearing in consid- eration of the criteria for review as speci- Such special use permits shall not become Pied in subsection (3) above. Planning com- effective except by the favorable vote of mission may recommend conditions or three-fourths of the entire city council. stipulations, which may include physical de- Where land which is adjacent or opposite, sign as well as operational and mainte- as defined above, is owned by the city, such nance considerations, upon the special use property shall be excluded in computing the in addition to standard development and required twenty (20) percent, and owners of use regulations which apply within a par- noncity land within the one-hundred-foot ticular zone district or for a similar "per- limit, as defined above, shall be considered mitted use." Such conditions or stipula- adjacent or opposite despite such inter- tions may be recommended in order to vening city land. The written protest to such ensure compliance with the criteria for re- special use shall be submitted to the city view, which, if not complied with, shall be council no later than the hearing on the grounds for revocation of the special use. A proposed special use permit. Supp. No. 14 1693 § 26-6 WHEAT RIDGE CITY CODE (6) Enforcement. All conditions and stipula- tions imposed by city council shall be main- tained in perpetuity with the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application or design, the zoning administrator shall no- tify a code enforcement officer of the nature of the violation(s) and the code enforcement officer shall investigate and, if appropriate, initiate revocation proceedings which shall include the following. (a) Notice of violation following procedures as set forth for nuisances pursuant to Wheat Ridge Code, Chapter 15. (b) Upon a finding of noncompliance by a code enforcement officer after the pre- scribed correction date, the zoning ad- ministrator shall schedule a revoca- tion hearing before the city council. Such revocation hearing date shall be set by city council after first reading of an ordinance therefor. The purpose of the revocation hearing shall be for the city council to hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the special use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the con-. ditions which apply to the special use permit. Any revocation action shall be- come effective fifteen (15) days after final publication of the ordinance. Any other action shall require a continu- ance of the public hearing to a specific future date and a motion stipulating the specific corrective measures that are to be accomplished either by the special use owner or by an agent of the city within that time period. Upon the- date of the continued hearing, should the council find that the conditions and stipulations have not been satisfacto- rily met, council shall adopt the revo- cation ordinance. (7) Nonconforming special uses: Notwith- standing the provisions of section 26-7, any special use which is nonconforming to the provisions of this subsection 26.6(B) by way of not having received approval of a special use permit under prior rules and proce- dures shall terminate or shall otherwise be- come conforming to these provisions within five (5) years of the date that such noncon- forming status became effective. In addi- tion, within this five-year amortization pe- riod no nonconforming special use shall change ownership without coming into con- formance with this subsection 26-6(B). All other provisions of section 26-7 shall apply. (C) Change of Zone (Rezoning): A change of any zone district as shown on the official zoning map. is permitted only when it is consistent with the goals and policies of the Wheat Ridge Comprehen- sive Plan and promotes the general welfare of the community. If a proposed amendment is not con. sistent with the comprehensive plan, then the re- quest may only be approved if the applicant dem. onstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general, or the rezone is necessary to correct a manifest error in the ex- isting zone classification. A manifest error may include, but may not be limited to, one (1) or more of the following: 1) Mapping errors, including in. correct boundary location or incorrect zone desig- nation; or 2) Ordinance errors, including incorrect zone designation, legal description error, or typo- graphical errors. The final determination as to a change of zone expressly rests in the exercise of the discretion of the city council and all applicants are hereby ad- vised and informed that there is no right to a change of zone of property. (1) Applicability: The requirements of this sub- section shall be applicable throughout the boundaries of the City of Wheat Ridge and Supp. No. 14 1694