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HomeMy WebLinkAboutZOA-04-01INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 07-2004 Ordinance No. 1322 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) WHEREAS, the commercial and industrial land use table specifies permitted and special uses in the commercial and industrial zone districts in the City of Wheat Ridge, WHEREAS, redundancies in the table should be eliminated, WHEREAS, several of the uses should be modified to meet the intent of the zone district categories, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Sec. 26-204. Zone district use schedule. Table of Uses-Commercial and Industrial Districts Uses Notes NC RC Gf G2 I Adult entertainment In accordance with P P P establishments Wheat Ridge Code Laws, Chapter 3 Ambulance services p P P P Amusement parks S P P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary ere there are S P P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P Districts: Provided at no more than square feet of building area shall be allowed to repair Apparel and See Footnote 1 S P P P P accessory stores Appliance stores and P P P incidental service and repair Art galleries or See Footnote 1 P P P P P studios Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair See § 26-631 P P P and maintenance hops, minor Auto service, repair See § 26-631 P P and maintenance shops, major Automobile and fight- See § 26-626 S S S duty truck sales and rental Automotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P - P P Banks, loan and See § 26-633 P P P P P mane offices Bed and breakfast Subject to P P P P P homes requirements set forth in 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDING: S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments See Footnote 1 Boat, recreational See § 26-628 S vehicle and trailer sales, rentals and service Body art S S S establishments - Book stores, See Footnote 1 S P P P P stationery and card stores Building contractors See § 26-629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and EXCLUDING: P P P Willockers Food processing Cabinet and woodworking shops Camera and See Footnote 1 S P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit p P P P for caretaker or manager Carpel deaning and S fumigating Ca ling, express, hauling or storage Yard Car wash, automatic S P Car wash, coin P P operated Caterers P P P Day care center, P P large Day care center, P P P small Clinics and offices for C-1, C-2 & 1 P P P P e counseling and INCLUDE: treatment of Residential psychological, social, facilities. marital, NC & RC developmental or EXCLUDES: similar conditions Residential facilities ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism Cold storage plant p P Commercial machine S P P shops Community buildings .g.: YMCAs, P P P P P YWCA's, churches,librades, parks, museums, aquariums and art galleries. Construction and See § 26529 P P heavy equipment sales, service, rental and storage Contractors plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P presdrools, small Department or variety p P P stores Drug stores P P P Ealing S S S S S establishments, drive rough Ealing S P P P P establishments, sit down Electric transmission S S S _ and public utility substations Electrical motors and armature regrinding shops Electrical supplies EXCLUDING: P P and service Contractors storage yards Equipment rental Subject to § 26- P P P P agencies 28; in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See § 26-628 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 P P P P Gift, novelty or See Footnote 1 S P P P P souvenir stores Golf courses INCLUDES: P P P Private dubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P P P P quasi-governmental buildings and offices, re stalions or public utility buildings Governmental and Outside Storage S S S P P quasi-govemmental buildings and offices, re stations or public utility builifings Greenhouses and See § 26-624 s s P P P landscape nurseries, i i retail Greenhouses and See § 26-624 S P P landscape nurseries, wholesale Grocery or See Footnote 1 P P P P P convenience stores, no as pumps Grocery stores which See Footnote 1 S S P P may include no more an 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P P P P stores Home furnishing P P P stores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area or each unit Ice plants P P Indoor amusement .g.: Roller rinks, P P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P P Outdoor flea markets Interior decorating S - P P P P shops Itinerant sales See § 26-630 S S S Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry S S P P P cleaning shops laundry and dry P P P P P Baring pick up stations Leather goods and P P P luggage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed P P P building supply stores storage of any materials shall be screened from view from adjacent properties and streets Manufacture of PROVIDED: An S vaccines, serums and antidote exists and toxins is readily available or such vaccine, serums or toxins, and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 26505; § P P processing, 26=631 and § 26- assembly, or light 123, definitions industrial operations Manufacturing, S fabrication and/or processing of concrete products Meal, poultry or See Footnote 1 S P P P P seafood stores Medical and dental Pharmacies and P P P P P offices, clinics or optical stores are laboratories accessory use Min4arehousesfor P P inside storage Mobile or modular See § 26528 S S homes or building sales Mortuaries and S crematories Motor fueling stations S P P Motorcycle sales and See § 26$28 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of P P P P P newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement P P facilities Paint and wallpaper See Footnote 1 P P P P stores Packing of P P P automobiles of clients, patients and patrons of occupants of adjacent commercial districts - Parking of not more See § 26-619; § S S S an 3 commercial 26-123, definitions ruck-tractors and/or serni-trailers When in conformance with the parking design standards set forth , in § 26-501 It is not intended at such parking limitations shall apply to pickup and delivery trucks normally associated with business Aerations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P Picture framing sh See Footnote 1 S P P P P Plumbing and heating EXCLUDING: P P P supply stores and Outdoor storage shops yards Printing, engraving S and other related production processes Private dubs, social P P P dubs, bingo parlors and similar uses Psychic advisors and S P similar uses Research P P laboratories, offices and other facilifies for research Residential group P P- P P P and nursing horses and congregate care facilities for 6 to 8 elderly persons Residential group S S S and nursing homes and congregate care facilities for 9 or more elderly persons Residential group S S home for children Residential uses in Such residential P P P P P existence on 3/11197 uses may be extended, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and See § 26-628 P P travel trailer storage Sales, repair, rental p P and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES: Those S S P P private colleges and uses commonly universities accepted as necessary thereto when located on the same premises Shoe repair shops p P P P - P Shoe stores See Footnote 1 S P P P P Shops for custom See § 26-631; § P P work or for malting 26632 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or p P polishing works Studio for p P P P P professional work or teaching of fine ads, photography, music, drama or dance Tailor, dressmaking P P P P P clothing alteration shops Taverns, night dubs, P P P lounges, private dubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair and service shops Temporary Christmas See § 26827 P P P P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P Transit station, public S S private Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See § 26831 P P outside storage I Warehouseloffice Max mum 75% P P total area as warehouse, minimum 25% as total area as office Watch and jewelry P P P P P repair shops Woodworking or See § 26832 S P P try shops for e making o(artides a sale upon the premises, such as nets or custom mature Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in INC and RC Districts. Commercial and Indus Mal District Accessory Uses Notes Electric transmission or other public utility lines and poles, irrigation channels, stone drainage and water supply facilities Food services Primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See § 26826 Outside storage or display See § 26831 Key: P = Permitted Principal Uses S = Special Uses Section 2. Safety Clause. The City of Wheat Ridge 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 rations 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, requirements 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 here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 in this 12th day of April , 2004, 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 April 26 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. corrrlMOED TO MAY 10, 2004 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 10th day of May , 2004. SIGNED by the Mayor on this 12th May iam ES T: t . derson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY (2,)- ,.,z U",:L pj~; GGERAX DAHL, CITY ATTORNEY 10 1Sipublication: April 15, 2004 2nd publication: May 20, 2004 Wheat Ridge Transcript Effective Date: June 4, 2004. 11 CITY COUNCIL MINUTES May 10, 2004 Page -3- Item 3. COUNCIL BILL 08-2004 -AN ORDINANCE AMENDING SECTION 26- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (Case No ZOA-04-3) Council Bill 08-2004 was introduced on second reading by Mr Stites Ordinance No 1323 was assigned Pam Anderson read the executive summary Alan White presented the staff report. Charles Durbin, 3703 Ames Street, is all for going back to where we were The approval of the plating and the Special Use shall be deemed granted on the date that the Colorado Department of Transportation provides written approval of the access permit for the proposed access on Sheridan Blvd He wanted to know if this is passed tonight if it negates both the Special Use and Consolidation Plat from that time Mr Dahl answered no, it doesn't. Mr DiTullio asked Mr White for the record if it is his recommendation from the staff level that this part of the Code be stricken and we go back to the original section of the Code Mr White replied, yes, it is. Motion by Mr Stites to approve Council Bill 08-2004 (Ordinance No 1323) on second reading and that it take effect 15 days after final publication, seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no Item 4 COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES XF (Case No ZOA-04-01) (Ordinance 1322) PUBLIC HEARING CONTINUED FROM APRIL 26, 2004 Alan White, Director of Community Development, presented a brief staff report and answered Council members' questions Motion by Ms Berry to approve Council Bill 07-2004 (Ordinance No 1322) on second reading, and that it take effect 15 days after final publication, seconded by Mr DiTullio Motion by Mr DiTullio to amend to allow Medical and dental clinics and laboratories be kept as permitted uses in the NC zone district; seconded by Mrs Sang, carried 8-0 Motion by Mr DiTullio to amend to allow banks, loan and finance offices be kept as permitted uses in the NC zone district; seconded by Mr Gokey; carried 7-1 with Mrs Sang voting no CITY COUNCIL MINUTM May 10, 2004 Page -4- Motion by Mr DiTullio to amend to remove newsstands from the category of bookstores, newsstands, stationery and card stores, seconded by Mrs Rotola, carried 8-0 Original Motion as amended carried 8-0 Item 5 COUNCIL BILL 09-2004 -AN ORDINANCE AMENDING CHAPTER 24 "TREES AND SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS Council Bill 09-2004 was introduced on second reading by Mr DiTullio Ordinance No 1324 was assigned Pam Anderson read the executive summary and the statement of the issues Motion by Mr DiTullio to approve Council Bill 09-2004 (Ordinance No 1324) on second reading, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 RESOLUTION 10-2004 - A RESOLUTION IN SUPPORT OF AN EQUITABLE ALLOCATION OF STATE AND FEDERAL TRANSPORTATION DOLLARS TO THE METROPOLITAN DENVER REGION Mr Schulz introduced Resolution 10-2004 and read the executive summary Motion by Mr Schulz to approve Resolution 10-2004, seconded by Mrs Rotola, carried 8-0 Item 7 RESOLUTION 11-2004 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM Mrs Adams introduced Resolution 11-2004 Motion by Mrs. Adams to approve Resolution 11-2004, authorizing the Mayor to sign and execute and the City Clerk to attest an Intergovernmental Agreement with Jefferson County and Jefferson County Department of Health and Environment for the prevention and control of mosquitoes in an amount not to exceed $8,730; seconded by Mr Gokey; carried 8-0 Item 8 RESOLUTION 12-2004 - A RESOLUTION SUPPORTING THE USE OF FACILITATION AND MEDIATION SERVICES Mrs Sang introduced Resolution 12-2004 Pam Anderson read the executive summary Motion by Mrs Sang to approve Resolution 12-2004, seconded by Mrs Rotola and Mr Schulz; carried 8-0 of WHEgr P V 4 ITEM NO: ~~CORA~O REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: May 10, 2004 TITLE: COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: April 12, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No ghk;~ Community Development Director EXECUTIVE SUMMARY: City Manager Section 26-204 is the Commercial and Industrial land use table in the zoning and development code. The table designates which uses are permitted, which uses are special uses and which uses are not allowed in the NC, RC, C-1, C-2 and I zone districts within the city. The existing land use table was adopted when Chapter 26 was repealed and reenacted in February 2001. The following is a synopsis of the proposed modifications. Banks, loan and finance offices have been changed from permitted uses to special uses. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. Nonresidential counseling clinics and offices were changed from permitted uses to special uses. 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Planning Commission reviewed this case at public hearings held on November 6, 2003 and February 19, 2004. A recommendation of approval was given. This case was continued from the April 26, 2004 City Council public hearing. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on November 6, 2003. At that meeting the Commission made specific recommendations, which were incorporated into the land use table. An additional public hearing was held regarding this case on February 19, 2004 where a recommendation of approval was made for the following reasons: 1. It alleviates redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such tailoring and dressmaking have been added as permitted uses. There were no conditions attached to the approval recommendation. STATEMENT OF THE ISSUES: The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. The existing NC zone districts in the city are located in small pockets along the collector and arterial streets (W. 32"d Avenue, W. 38th Avenue, W. 44th Avenue, Kipling, Wadsworth, and Harlan). Approval of the ordinance as proposed will create some non-conforming special uses. Staff estimates there are roughly a dozen properties which will be affected (primarily medical and dental offices). These nonconforming properties could remain "as is" in perpetuity but would need special use approvals to expand. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 07-2004, Case No. ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses, on second reading, and that it take effect 15 days after final publication, with the following amendments: (The proposed ordinance reclassifies banks, loan and finance offices from permitted uses to special uses. Add the following to the motion to keep banks, loan and finance offices as permitted uses) Banks, loan and finance offices be kept as permitted uses in the NC zone district. (The proposed ordinance removes newsstands from the category ofbookstores, newsstands, stationery and card stores. Add the following into the motion to leave newsstands in this category.) 2. Newsstands be kept in the category of bookstores, newsstands, stationery and card stores. (The proposed ordinance reclassifies nonresidential counseling clinics and offices from permitted uses to special uses. Add the following to the motion to keep nonresidential counseling clinics and offices as permitted uses.) Nonresidential counseling clinics and offices be kept as permitted uses in the NC zone district. (The proposed ordinance reclassifies medical and dental clinics and laboratories from permitted uses to special uses. Add the following to the motion to keep medical and dental clinics and laboratories as permitted uses.) 4. Medical and dental clinics and laboratories be kept as permitted uses in the NC zone district. (The proposed ordinance reclassifies paint and wallpaper stores from special uses to not being permitted in the NC zone district. Add the following to the motion to keep paint and wallpaper stores as special uses in the NC zone district.) 5. Paint and wallpaper stores be kept as special uses in the NC zone district. (The proposed ordinance reclassifies tailoring, dressmaking and clothing alteration businesses from not being permitted to permitted uses in the NC and RC zone districts. Add the following to the motion to not permit tailoring, dressmaking and clothing alteration businesses in the NC and RC zone districts.) 6. Tailoring, dressmaking and clothing alteration businesses not be permitted in the NC and RC zone districts." Or, "I move to table indefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses." Report Prepared by: Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments: 1. February 19, 2004, Planning Commission report 2. Council Bill No. 07-2004 zoa0401 CouncilAct 1 streading City of Wheat Ridge . Planning and Development Department Memorandum TO: Planning Commission FROM Meredith Reckert SUBJECT: Case No. ZOA-04-01/Neighborhood Commercial Uses DATE: February 12, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached are revisions to the commercial and industrial use chart relative to the NC, Neighborhood Commercial zone district. On November 6, 2003, Staff discussed proposed changes to the commercial use chart with Planning Commission in regard to NC uses. Attached are copies of minutes from November 6, 2003. The proposed changes have been incorporated into the chart as recommended by Planning Commission. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in striketlrreti . Summary of Ordinance Changes The existing use chart has been amended as follows: 1. Banks, loan and finance offices have been changed from permitted uses to special uses. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from pet_nitted uses to special uses. ATTACHMENT I 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Staff Comments The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. Recommended Motion "I move that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates a redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such as tailoring and dressmaking have been added as permitted uses." Exhibits: Commercial and Industrial zone district use schedule with amendments Minutes of Planning Commission meeting dated 11/06/03 2 Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC RC C-1 G2 Adult entertainment In accordance with P P establishments eat Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary With outside runs; - P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P - hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC 8 RC S P P P P Districts: Provided at no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 S P P P P accessory stores Appliance stores and P P P incidental service and repair h galleries or See Footnote 1 P P P P P studios Assembly halls and P P P vention facilities action houses S P P Auto service, repair See § 26-631 P P P and maintenance shops, minor - Auto service, repair See § 26631 S P P and maintenance shops, major - Automobile and light- See § 26-628 S S S duty truck sales and - - rental Automotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P P SW § 26633 P P P Bed and breakfast Subject to P P P p homes requirements set forth in § 26606. Bicycle stores See Footnote 1 P P Blueprinting, EXCWDING: P P p photostatic copying Large printing. and other similar publishing and/or reproduction services bookbinding - establishments EXHIBIT 1 Uses Notes NC RC C7 G2 I See Footnote 1 Boat, recreational See § 26-628 S S vehicle and trailer sales, rentals and service Body art S S S establishments See Footnote 1 S p p p P Building contractor's See § 26-629 S p p service shop and storage yard incidental to an offKWshowroorn principal use. Business machine or See Footnote 1 S p p P P computer stores Butcher shops and EXCLUDING: P P - p food lockers Food processing Cabinet and S woodworking shops Camera and See Footnote 1 S p P P p photographic service . and supply stores Candy, nut and See. Footnote 1 S p p p confectionery stores Caretaker residence Only one (1) unif P P P P or caretaker or manager Carpet cleaning and - S fumigating Carting, express, S hauling or storage yard Car wash, automatic S p p Car wash, coin S p p operated Caterers P p P Day care center, P p P large Day care center, P P P small C-1, C2 & I p P p P I NCLUDE: Residential facilities. NC & RC EXCLUDES: Residential f acilities districts I NCLUDE: in§and t reatment for substance abuse and alcoholism 2 Uses Notes NC RC G1 G2 Cold storage plant P Commercial machine S P shops Community buildings .g.: YMCA's, P P P P P YWCA's, churches, libraries, parks, museums, aquariums and art galleries. Construction and See § 26-629 P heavy equipment sales, service, rental and storage Contractors plant or storage yard Dairy products stores See Footnote 1 S P P Day care center and P P P preschools, large Day care center and p P P preschools, small Department or variety p P P stores Drug stores p Eating S S S S establishments, drive through Eating S P P P P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING: P P and service Contractors storage yards Equipment rental Subject to § 26- P P P p agencies 628; in RC District: Outside storage and display prohibited Exterminators p P P Farm equipment See § 2&628 P sales, service and storage Floral shops See Footnote 1 P P Furniture stores p Garden supply stores See Foonote 1 S P P Gift novelty or See Footnote 1 souvenir stares Uses Notes NC RC Gf G2 I Golf courses INCLUDES: P p p Private dubs, restaurants and _ lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P P P P quasi-governmental buildings and offices, re stations or public utility buildings Governmental and Outside Storage S S S P P quasi-governmental buildings and offices, re stations or public utility buildings Greenhouses and See § 26624 S S P P p landscape nurseries, retail Greenhouses and See § 26824 S P to landscape nurseries, wholesale Grocery or See Footnote 1 P P P P p convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P p P P P cosmetic services Hardware stores See Footnote 1 S p P P p Hobby and craft See Footnote 1 S P P P p stores Home furnishing P P P stores Horne improvements P p p supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet gross lot area or each unit Ice plants p P Indoor amusement .g.: Roller rinks, p and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P Outdoor flea markets _ Interiordecoratirg shops P P p Itinerant sales See §26830 Is Uses Notes NC RC G1 C-2 1 Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry S S P P P cleaning shops Laundry and dry P P - P P P cleaning pick up stations Leather goods and P P P luggage stores Linen supply P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unendosed i P P P building supply stores storage of any materials shall be screened from view from adjacent properties and - streets Manufacture of PROVIDED: An S vaccines, serums and antidote exists and toxins is readily available or such vaccine, serums or toxins; and approval of such manufacture is received from he state department of health and the County health department Manufadudng, See § 26-505; § P P processing, 26631 and § 26- assembly, or light 123, definitions industrial operations Manufacturing, S fabrication and/or processing of concrete products Meat, poultry or See Footnote 1 S P P P P seafood stores _ Pharmacies and - P P - P P tl4f optical stores are accessory use Mini-warehousesfor P P inside storage Mobile or modular § 26628 S homes or building sales Mortuaries and S S crematories Motor fasting stations S P Motorcycle sales and service See § 26-628 P Music scores See Footnote 1 S P P P Uses Notes NC RC 41 C-2 / Newsstands For the sale of P P P P p newspapers, magazines, etc. Office supply stores See Footnote 1 S P - P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement P P facilities See Footnote 1 P P P P Parking of p automobiles of clients, patients and patrons of occupants of adjacent commercial districts Parking of not more See § 26$19; § S S than 3 commerdal 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended at such parking limitations shall apply. to pickup and delivery trucks normally associated with business operations Pawn stops S Pet stores See Footnote 1 S P P p p Pharmacies S P P a P Picture framing shops See Footnote 1 S P P p p Plumbing and heating EXCLUDING: P p P supply stores and Outdoor storage shops yards Pdnfing, engraving and other related T production processes Private dubs, social P P P cubs, bingo parlors and similar uses Psychic advisors and ' S S P n" uses Research laboratories, o fives P P and other facilities for research 6 Uses Notes NC RC G1 G2 Residential group P P P P P and nursing homes and congregate pre adlities fors to 8 elderly persons Residential group S S S and nursing homes and congregate pre facilities for 9 or more elderly persons Residential group S S S horse for children Residential uses in Such residential P p P P p existence on 3111/97 uses may be ended, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV. boat, trailer and See § 26828 P P travel trailer storage Sales, repair, rental p P and servicing of any commodity that the manufacture, abnca6on, processing or sale of which is permitted in he district Schools for industrial Conducted entirely S S business training, within an enclosed including vocational building rade or professional schools Schools: pudic; INCLUDES: Those S S S P p private colleges and uses commonly universities accepted as necessary thereto when located on he same premises Shoe repair shops P P P. P Shoe stores See Footnote 1 S P P P P Shops for custom See § 26831; § P P work or for making 26832 articles, materials or commodities to be sold at retail on the pren ses Sporting goods See Footnote 1 P p stores Stone cutting or p polishing works Uses Notes NC RC C-1 C-2 I Studio for P P P P P professional work or teaching of fine arts, photography, music, - drama or dance P P P Taverns, night dubs, P P P lounges, private dubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair and service shops Temporary Christmas See § 26-627 P P p tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P To stores See Footnote 1 S P P p P Transit station, public S - S S private Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See § 26-631 P outside storage Warehouseloffice Maximum 75°k S P P otal area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P P repair shops . Woodworking or See § 26-632 S P p carpentry shops for he making of articles or sale upon the premises, such as cabinets or custom umlture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accessory Uses Notes Electric transmission or otter public utility lines and poles, irrigation channels, stone drainage and water supply facilities Food services Primarily for the occupants of a building oontainingl a permitted use when located wdhin the same buildi Residential uses incommerciai zones See 26826 Outside storage or display See § 26831 Key: P = Permitted Principal Uses S = Special Uses Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and - McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination spread off the property, intensity of illumination and white backgrounds. There was a consensus of the Commission to make this direction to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. Commissioner WITT suggested that staff look into regulations concerning banners that are affixed to buildings. Some are attached by one comer to the building and extend across parking lots, etc. B. Neighborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission in February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There FF / is very little neighborhood commercial use in the city; however, a vehicle is needed to regulate / those uses. Commissioner McMILLIN pointed out that newsstands are presently listed in two categories: (1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone are a permitted use. He suggested that newsstands be removed from the list for special use. He also believed tailoring, dressmaking or alteration shops should be a permitted use as they have a low impact on a neighborhood. Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use. (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 P.M.) It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks; medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission Page 3 November 6, 2003 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2004 -Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) WHEREAS, the commercial and industrial land use table specifies permitted and special uses in the commercial and industrial zone districts in the City of Wheat Ridge, WHEREAS, redundancies in the table should be eliminated, WHEREAS, several of the uses should be modified to meet the intent of the zone district categories, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC RC G7 G2 1 Adult entertainment In accordance with P P P establishments Wheat Ridge Code of Laws, Chapter 3 Ambulance services P p P P Amusement parks s P p Wmal veterinary With outside runs; p P hospitals and clinics no cremation Animal veterinary Where there are - s p P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P p p p Districts: provided that no more than 200 square feet of building area shall ATTACHMENT 2 be allocated to repair Apparel and See Footnote 1 S P p p p accessory stores Appliance stores and P p p incidental service and repair Art galleries or See Footnote 1 P P p p P studios Assembly halls and p p p convention facilities Auction houses S P P Auto service, repair See § 26-631 p P p and maintenance shops, minor Auto service, repair See § 26-631. S p p and maintenance shops, major Automobile and light- See § 26628 S S S duty truck sales and rental Automotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P P p Banks, loan and See § 26633 P p p P mane offices Bed and breakfast Subject to P P P p p homes requirements set forth in 26608. Bicycle stores See Footnote 1 S P P p p Blueprinting, EXCLUDING: S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments Uses Notes NC RC CA C-2 - 1 See Footnote 1 Boat, recreational See § 26828 S S S vehicle and trailer sales, rentals and service Body an S S S establishments Book stores, newsstands See Footnote I S P P P p stationery and card stores Building contractor's See § 26629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footrote 1 S p P p P computer stores Bult3rer shops and F ~(CLUDING: P P p and lockers F ood sing 2 Cabinet and S oodworldng shops Camera and See Footnote 1 S P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit P P P P or caretaker or manager Carpet cleaning and S fumigating Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P operated Caterers P P P Day care center, P P P large Day care center, P P P small Clinics and offices for C-1, C-2 & 1 P P P P the counseling and INCLUDE: treatment of Residential psychological, social, facilities. marital, NC & RC developmental or EXCLUDES: similar conditions Residential facilities ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism Uses Notes NC - RC Gf G2 I Cold storage plant P P Commercial machine S P P shops Community buildings e.g.: YMCA's, P P P P P YWCA's, churches, libraries, parks, museums, a quariums and art alleries. . Construction and S ee § 26-629 P P heavy equipment sales, service, rental and storage Contractor's plant or _ S storage and Dai products stores S ee Footnote 1 S P P P P Day care center and P . P P preschools, large uay care center and P P p peschoos, small establishments, sit down Electric transmission S S S S and public utility S substations Electrical motors and armature regrinding S shops Electrical supplies EXCLUDING: P P and service Contractors P storage yards Equipment rental Subjed to § 26- P P P agencies 28; in RC District: P Outside storage and display _ prohibited Exterminators P P P p Farm equipment See § 26-628 P sales, service and P storage Florat shops See Footnote 1 S P P P Fumiture stores P P P P Garden supply stores See Footnote 1 S p p P Gift, novelty or See Footnote 1 S P P P souvenir stores P P Uses Notes NC RC G7 C-2 Golf courses I NCLUDES: P P Private clubs, P r estaurants and l ounges, driving r anges, and those u ses commonly a ccepted as a ccessory thereto w hen located on t he same prennim Governmental and N o outside storage P P P P quasi-governmental P buildings and offices, re stations or public ufili buildi Governmental and O utside Storage S S S quasi-governmental P p buildings and offices, - fire stations or public futility buildings Greenhouses and See § 26-624 S S P p landscape nurseries, p retail Greenhouses and See § 26-624 S P P landscape nurseries, - wholesale Grocery or See Footnote 1 p p p p p convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P p may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and p p p p P wsmedcservices Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P p p p stores Home furnishing p p P stores Home improvements p p P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area for each unit Ice plants _ P P Indoor amusement e.g.: Roller rinks, p p P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: p p p Outdoor flea markets Interior decorating S P P sho s erant sales See § 26-M S 4 Uses Notes NC RC C-1 C~21i Jewel stores See Footnote 1 S P P Kennels Laundry and dry S S P P P leaning shops Laundry and dry p P P P P cleaning pick up stations Leather goods and p p P u stores Linen supply P P P liquor stores p p p Locksmith shops P p p P p Lumber yards and U nendosed p p P building supply stores forage of any m aterials sha" be s Ueened from - view from adjace nt properties and streets Manufacture of PROVIDED: An vaccines, serums an d antidote exists an d S toxins is readily availabl e or such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 26-505; § P processing, 26-631 and § 26- P assembly, or light 123, definitions ndustrialoperations Manufacturing, abrication and/or S processing of concrete products Meat, poultry or See Footnote 1 S p p p seafood stores ~ P Medical and dental Pharmacies and P S P P P offices, clinics or optical stores are P abora(ones accessory use Mini-warehouses for P nside storage P Mobile or modular See § 26-628 S homes or building S sales Mortuaries and S S crematories S Motor fueling stations S P P Motorcycle sales and See § 26-628 P P service P Music stores See Footnote 1 S p p p P Uses Notes NC RC G1 - G2 / Newsstands F or the sale of P p p P n ewspapers, P m agazines, etc. Office supply stores S ee Footnote 1 S P P P Offices: General P P P p p administrative, P business and professional offices 0 'cal stores S ee Footnote 1 S P P P Outdoor amusement S P aaffl es P p L and wallpap er S ee Footnote i p p p p g of P p automobiles of p d Tents. matlents and 6 patrons of occupants of adjacent commercial districts Parking of not more See § 26619; § S S an 3 commercial 26123, definitions S truck-tractors and/or semi-trailers When in conformance with to parking design standards set forth in § 26501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S p p p P Pharmacies S p p P P Picture framing shops See Footnote 1 S p p p P Plumbing and healing FxCWDING: p p P supply stores and Outdoor storage shops yards Printing, engraving and other related S production processes Private dubs, social P P - P dubs, bingo parlors and similar uses Psychic advisors and S S S p similar uses Research P P laboratories, offices and other facilities for research uses Notes NC RC G1 G2 Residential group P P P P P and nursing homes and congregate care acilities for 6 to 8 ded rsons Residential group S S S and nursing tomes and congregate are facilities for 9 or more Iced persons Residential group S S S home for children Residential rues in S uch residential P P P P existence c 3111197 u ses may be P e xtended. enlarged, and/o reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P p p P commercial zones Rooming and S S P p p boardinghouses - RV, boat, trailer and See § 26$28 P P travel trailer storage Sales, repair, rental p P and servicing of any comnrodity that the manufacture, fabrication, processing or sale of ich is permitted in he district Schoolsfor industrial Conducted entirely S S or business training, within an enclosed inducting vocational building trade or professional - schools Schools: public; INCLUDES: Those S S S P p private colleges and uses commonly universities accepted as necessary thereto when located on the same remises Shoe repair shops p p p _ P P Shoe stores See Footnote 1 S P p p P Shops for custom See § 26-631; § p P work or for making 26-632 anides, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S F p p P stores Stone cutting or P P polishing works Uses Notes NC RC G7 G2 I Studio for p p p P P professional work or teaching of fine arts, photography, music, drama or dance Tailor, dressmaking P P p P P clothing alteration Taverns, night dubs, p p P lounges, private dubs and bars TX-3ion, radio, S ee Footnoe 1 S P p p p small anotiance reoai and service shops Temporary Christmas See § 26-627 p p P tree, produce and P bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P p P P Toy stores See Footnote 1 S P p P P Transit station, public S S S or Ovate Upholstery shops p P P Video rentals See Footnote 1 S P p p P Warehousing and See § 26-631 p P outside storage Warehouselofhce Maximum 75% S p P total area as warehouse; minimum 25% as total area as office Watch and jewelry p p p P P repairshops Woodworking or See § 26-632 S P P carpentry shops for the making of articles or sale upon the premises, such as cabinets or custom umiture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accessory Uses Notes Electric transmission or other public utility lines and poles, irrigation channels, storm drain a and water supply facilities Food services primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See § 26-626 Outside storage or display See 26£31 Key: P = Permitted Principal Uses S = Special Uses Section 2. Safety Clause. The City of Wheat Ridge hereby fmds, 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 rations relation to the proper,legislative object caught to be, attained 9 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, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED;-READ, AND ADOPTED on fast reading by a vote of to in this day of 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of .2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY i sT publication: 2nd publication: 10 CITY COUNCIL MINUTES: April 26, 2004 Page -2- Charles Durbin addressed a blight study the City had done in 2001 for 38th Avenue, Sheridan to Wadsworth. This study included a list of conditions that could be considered blighted and contained pictures. The neighborhood decided to do their own Unblight Study, using the same methodology the City had used. He submitted this study and asked that the City declare 38th Avenue from Sheridan to Harlan as unblighted. Mr. DiTullio asked the City Attorney if the blight designation would ever be removed from the area in question, would that be City Council or the Urban Renewal Authority. Mr. Dahl replied the Urban Renewal Authority would have to change their determination of blight. It would then eventually come to Council. Item 1. Consent Agenda: A. Amendment #1 to ITB-04-013 Clear Creek Trail Improvements. B. Extension of Revocable License Agreement for the Apple Ridge Cafe. Consent Agenda was introduced and read by Mr. DiTullio. Motion by Mr. DiTullio for approval of the Consent Agenda; seconded by Mrs. Sang; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 07-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO ~V COMMERCIAL AND INDUSTRIAL LAND USES. (Case No. ZOA-04-01) Council Bill 07-2004 was introduced on second reading by Ms. Berry, who also read the title and executive summary. City Clerk assigned Ordinance No. 1322. Meredith Reckert, Community Development Department, gave the staff report. Mr. DiTullio would prefer to continue this for 2 weeks to allow us to clean up the Code, but not change the uses right now because we might put somebody out of business or stop them from expanding in the future. Ms. Berry asked that 1. and 4. on the proposed modifications be removed. 1. Banks, loan and finance offices. 4. Medical and dental clinics and laboratories. All the other suggestions would actually help businesses. Mr. Gokey does not approve of fixing something on the run and recommends postponement. CITY COUNCIL MINUTES: April 26, 2004 Page -3- Mrs. Sang is concerned about removing 1. If you expand a bank, the neighborhood may not approve. Motion by Mr. DiTullio to continue the public hearing on Council Bill 07-2004 to May 10, 2004; seconded by Mr. Gokey; carried 7-0. Item 3. A REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND FINAL PLAT ON PROPERTY LOCATED AT 5130 PARFET STREET. (Case No. WZ-03-08 and MS-02-07) (David Hoss) Item 3 was introduced by Mr. Schulz, who also read the title and executive summary. Travis Crane, Community Development Department, was sworn in by the Mayor and presented the staff report. John Durham, landscaper and land planner for Norris Dullea, the architect, was sworn in by the Mayor. He agreed with Mr. Crane's staff report and presented an architectural rending of the development. Motion by Mr. Schulz to approve Case No. WZ-03-08, a request for a Final Development Plan for property located at 5130 Parfet Street for the following reasons: 1. The requirements of the City's Planned Development Regulations have been met. 2. With the exception of the existing garage on Lot 1, the Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site; seconded by Mr. DiTullio; carried 7-0. Motion by Mr. Schulz to approve Case No. MS-02-07, a request for a Final Plat for property located at 5130 Parfet Street for the following reasons: 1. All requirements of the City's Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. 4. To remove the 50"' Avenue 25' right-of-way requirement; seconded by Mr. Gokey; carried 7-0. q ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 26, 2004 TITLE: COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: April 12, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Section 26-204 is the Commercial and Industrial land use table in the zoning and development code. The table designates which uses are permitted, which uses are special uses and which uses are not allowed in the NC, RC, C-1, C-2 and I zone districts within the city. The existing land use table was adopted when Chapter 26 was repealed and reenacted in February 2001. The following is a synopsis of the proposed modifications. 1. Banks, loan and finance offices have been changed from permitted uses to special uses. 2. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from permitted uses to special uses. 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Planning Commission reviewed this case at public hearings held on November 6, 2003 and February 19, 2004. A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on November 6, 2003. At that meeting the Commission made specific recommendations, which were incorporated into the land use table. An additional public hearing was held regarding this case on February 19, 2004 where a recommendation of approval was made for the following reasons: 1. It alleviates redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such tailoring and dressmaking have been added as permitted uses. There were no conditions attached to the approval recommendation. STATEMENT OF THE ISSUES: The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 07-2004, Case No. ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses." Report Prepared by: Meredith Reckert,303-235-2848 Reviewed by: Alan White Attachments: 1. February 19, 2004, Planning Commission report 2. Council Bill No. 07-2004 zoa0401CouncilActIstreading City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: J ~ieredith Reckert SUBJECT: Case No. ZOA-04-01 /Neighborhood Commercial Uses DATE: February 12, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached are revisions to the commercial and industrial use chart relative to the NC, Neighborhood Commercial zone district. On November 6, 2003, Staff discussed proposed changes to the commercial use chart with Planning Commission in regard to NC uses. Attached are copies of minutes from November 6, 2003. The proposed changes have been incorporated into the chart as recommended by Planning Commission. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in stFA-e~. Summary of Ordinance Changes The existing use chart has been amended as follows: 1. Banks, loan and finance offices have been changed from permitted uses to special uses. 2. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from pei flitted uses to special uses. ATTACHMENT 1 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Staff Comments The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. Recommended Motion "I move that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates a redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such as tailoring and dressmaking have been added as permitted uses" Exhibits: 1. Commercial and Industrial zone district use schedule with amendments 2. Minutes of Planning Commission meeting dated 11/06/03 Sec. 26-204. Zone district use schedule. Table of Uses-Commercial and industrial Districts Uses Notes NC RC C-1 G2 duff entertainment In accordance with p p establishments Wheat Ridge Cod e of Laws, Chapter 3 Ambulance services P P P p Amusement parks S P p Animal veterinary With outside runs; p p hospitals and clinics no cremation Animal veterinary Where there are S - P P P p hospitals or clinics no outside pens or runs for dogs; no ation Antique stores In NC 8 RC S P p p P Districts: Provided at no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 S P P P accessory stores P Appliance stores and incidental service and repair Art galleries or See footnote 1 P P p p P studios shalls and P P convention facilities P Auction houses S P P Auto service, repair See § 26531 p P and maintenance P shops, minor - Auto service, repair SW § 26531 s p and maintenance P shops, major ulortrobile and light- See § 26528 S S duty truck sales and S rental utomot ve parts and p p pplies sales P Bakeries, retail See Footnote 1 S p p See §26-633 P P P P Bedard breakfast to P p p p homes r equirements set P onh in § 26508. B cycle stores S ee FooWe 1 p P Bluepinting, E XCLUDING: S p p p phWOStaticcopnng L argeprirding, and other similar ) ublishing ardor reproduction services b ook. binding - je stablishments EXHIBIT 1 Uses Notes NC RC G1 G2 1 See Footnote 1 Boat, recreational See § 26-628 S S vehide and trailer _ sales, rentals and service Body art S S establishments See Footnote 1 S P P P P Building contractor's See § 26-629 S P P service strop and storage yard incidental to an officeJshowroom principal use. Business machine or See Footnote 1 S P P P P. computer stores Butcher shops and EXCLUDING: P P P cod lockers Food processing Cabinet and S woodworking shops Camera and See Footnote 1 P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores - Caretaker residence Only one (1) unit P P P P or caretaker or manager Carpet cleaning and S umigati Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P operated Caterers P P P Day care center, p P p large Day care center, P P P small G1, C-2 & 1 P P P P INCLUDE: Residential facilifies. NC & RC EXCLUDES: Residential facilities districts INCLUDE: Counsel`mg and treatnnent substance abuse and alcoholism 2 Uses Notes NC RC Gl C-2 Cold storage pant p Commercial machine S P shops Community buildings .g.: YMCA's, p p p p p YWCA's, churches, libraries , parks, museums, . aquariums and an galleries. Construction and See § 26£29 p heavy equipment sales, service, rental and storage Contractor's pant or storage yard Dairy products stores See Footnote 1 S p p Day care center and p P p preschools, large Day care center and P P P preschools, small Department or variety p P P stores. Drug stores 7P' P P Eating S S S S establishments, drive through Eating S P P p P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and armature regrinding S shops Electrical supplies EXCLUDING: p p P and service Contractors - storage yards Equipment rental Subject to § 26- P P P agencies 28; in RC District: P Outside storage and display prohibited Exterminators p p P Farm equipment See § 26628 P P sales, service and storage Floral stops S ee Footnote 1 S p p Furniture stores P Gaten supply stores S ee Footnote 1 S p p Gik novelty or S ee Footnote 1 S p to p souvenir stores Uses Notes NC RC G1 G2 1 Golf courses INCLUDES: P P P Private dubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P P P P uasiyovemmental buildings and offices, re stations or public _ utility buildings Governmental and Outside Storage S S S P P quasi-governmental buildings and offices, re stations or public utility buildings Greenhouses and See § 26524 S S P P P landscape nurseries, retail Greenhouses and See § 26524 S P P landscape nurseries, wholesale Grocery or See Footnote 1 P P P P P convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more an 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P. P Hobby and craft See Footnote 1 S P P P P stores Home furnishing P P P stores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet gross lot area or each unit Ice plants P 1 , Indoor amusement e.g-: Roller rinks, P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P Outdoor flea markets _ Interior decorating P P 4 Itinerant nil sales See §26530 F S IS 4 Uses Notes NC RC Gl G2 I Jewelry stores See Footnote 1 S P P P Kennels Laundry and dry S S P P p cleaning shops Laundry and dry P P P p p cleaning pick up stations Leather goods and P P. uggage stores Linen supply - P P Liquor stores P P P Locksmith shops P P P p p Lumber yards and Unendosed i p P building supply stores storage of any materials shall be screened from view from adjacent properties and streets Manufacture of PROVIDED: An S vaccines, serums and antidote exists and toxins is readily available or such vaccine, serums or toxins; and approval of such manufacture - is received from the state partment of health and the county health department Manufacturing, See § 26-505; § P P processing, 2 -631 and § 26- assembly, or light 123, definitions indushial operations Manufacturing, abrication and/or S processing of conc ete uds Meat, poultry or See Footnote 1 S P P P P d stores Pharmacies and P P P P of o tical stores are acoe" use arehousesfor P mside torage P Mobile or nodular See § 26.628 homes or building sales Mortuaries and S S crematories Motor fueling stations Motorcyde salesand S service ee § 26628 p Music stores S ee Footnote 1 S P P P Uses Notes NC RC Gf C-2 I Newsstands For the sale of p P P P P newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P p P Outdoor amusement p p facilities ~Ipap~r See Footnote 1 P P P Parking of p automobiles of clients, patients and - patrons of occupants (adjacent commercial districts Parking of not more See § 26-619; § S S S than 3 commercial 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design _ standards set forth ,in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn stops S Pet stores See Footnote 1 S P P P p Pharmacies S P P P P Picture framing stops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: P P p supply stores and Outdoor storage shops yards Printing,engravumg and other related production processes Private dubs, social P P dubs, bingo parlors and similar uses Psychic advisors and S P Siff" uses Research p p laboratories, offices and otherfacilities for research - ' 6 Uses Notes NC RC l G2 / Residential group P P P and nurs ing homes and congregate pre acilities for 610 8 Iderly persons Residential group and nursing homes and congregate pre es for 9 or more Persons q Residential group S r for children ential uses in Such residential P P nce on 3111/97 uses may be P axtencled, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P p P P commercial zones p Rooming and - S S p - boardinghouses boardinghouses P RV, boat, trailer and See § 26£28 P travel trailer storage Sales, repair, rental P and servicing of any P commodity that the - manufacture, fabrication, processing or sale of ich is permitted in he district Schools for industrial Conducted entirely S or business training, within an enclosed S including vocational building trade or professional schools Schools: public; I NCLUDES: Those S S S p private colleges and uses commonly p universities accepted as necessary thereto when located on t he same premises Shoe repair shops p p P P p Shoe stores S ee Footrote 1 S p p p Shops for custom See § 26-631; § P p work or for making 2 6432 P articles, materials or modifies to be sold of retail on the Pre"ses SporliN goads S ee Footnote 1 S p p stores Stone artting or polishing works - = P P . Uses Notes NC RC C-1 C-2 1 Studio for p P P P P professional work or - teaching of fine arts, photography, music, drama or dance or R P P P P Taverns, night dubs, P P P lounges, private dubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair . and service shops Temporary Christmas See § 26-627 P P P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public S S S private Upholstery shops P P P Video rentals See Footnote 1 S P P P Warehousing and See § 26-631 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P repair shops Woodworking or See § 26632 S P P carpentry shops for he making of amides or sale upon the premises, such as cabinets or custom Furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and industrial District Accessory Uses Wes Hectric transmission or other public utility lines and poles, irigabon channels, storm drainage and water supply facilities Food services Primarily for the occupants of a building containing a pemritted use when kcaled within the same building Residential uses in commercial zones See 26.626 Outside storage or display See § 26-631 Key: P = Permitted Principal Uses S = Special Uses Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination spread off the property, intensity of illumination and white backgrounds. There was a consensus of the Commission to make this direction to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. Commissioner WITT suggested that staff look into regulations concerning banners that are affixed to buildings. Some are attached by one comer to the building and extend across parking lots, etc. B. Neighborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission in February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There / is very little neighborhood commercial use in the city; however, a vehicle is needed to regulate those uses. Commissioner MCMILLIN pointed out that newsstands are presently listed in two categories: (1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone are a permitted use. He suggested that newsstands be removed from the list for special use. He also believed tailoring, dressmaking or alteration shops should bea permitted use as they have a low impact on a neighborhood. Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use. (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 p.m.) It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks; medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring; dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission Page 3 Novemtxr6,2003 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER_ Council Bill No. 07-2004 -Ordinance No. _ Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) WHEREAS, the commercial and industrial land use table specifies permitted and special uses in the commercial and industrial zone districts in the City of Wheat Ridge, WHEREAS, redundancies in the table should be eliminated, WHEREAS, several of the uses should be modified to meet the intent of the zone district categories, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC - RC G7 G2 1 Adult entertainment In accordance with P P establishments Wheat Ridge Code P of Laws, Chapter 3 Ambulance services P P P P musement parks S P P imal veterinary With outside runs; P nos lals and dints no cremation P Animal veterinary Where there are S P P P hosgtals or dinics no outside pens or P runs for dogs; no emafion Antique stores In NC & RC S P P P P Distr cts: Provided at no more than 200 square feet of brildma area shall ATTACHMENT 2 be allocated to repair Apparel and See Footnote 1 S P P P p accessory stores Appliance stores and p p P incidental service and repair Art galleries or See Footnote 1 P P P P p studios Assembly halls and P p p convention facilities Auction houses S p p Auto service, repair See § 26-631 p P P and maintenance shops, minor Auto service, repair See § 26£31. S P P and maintenance shops, major Automobile and light- See § 26628 S S S duty truck sales and rental Automotive parts and p p p supplies sales Bakeries, retail See Footnote 1 S P P p p Banks, loan and See § 26633 PS P P P p finance offices Bed and breakfast Subject to P P P p P homes requirements set forth in 26608. Bicycle stores See Footnote 1 S P P P P Blueprinfing, EXCLUDING: S P P P p photostatic copying large printing, and other similar publishing and/or reproduction services book binding establishments Uses Notes NC RC G1 G2 1 See Footnote 1 Boat, recreational See § 26-628 S S S vehicle and trailer sales, rentals and service Body ad S S S establishments Book stores, newsstands See Footnote i S P P p p ; stationery and card stores Building contractor's See § 26629 S P P service shop and storage yard incidental to an - office/showroom principal use. Business machine or See Footnote 1 S P p p p computer stores Butcher shops arW EXCLUDING: p P p food lockers Food si 2 Cabinet and woodworking shops S Camera and See Footnote 1 S P P P photographic service p and supply stores Candy, nut and See Footnote 1 S P p p P confectionery stores Caretaker residence Only one (1) unit P P P P for caretaker or manager Carpet deaning and umigating S Carting, express, hauling or storage S yard Car wash, automatic S p p Car wash, coin S p p operated Caterers - p p P Day care center, P P P large Day care center, p p p small Clinics and offices for Gt, G2 & I p p p the counseling and INCLUDE: p treatment of Residential psychological, social, acilities, marital, NC & RC developmental or EXCLUDES: similar conditions Residential . adlilies ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism Uses Notes NC - RC G7 G2 Cold storage plant p p Commercial machine S P shops p Community buildings e.g.: YMCA's, P p p p YWCA's, p c hurches, libraries, p arks, museums, a quariums and art g alleries. Construction and S ee § 26$29 P heavy equipment p sales, service, rental and storage Contractor's plant or storage yard S Dai products stores S ee FoobWe 1 S P P P p Day care center and P P preschools, large p Day care center and P P . P preschools, small Departmt or variet en y - P P es P Drug stores P P P Eating S S S S S establishments, drive hrou h Eating S P P P P establishments, sit down Electric transmission s S S S S and public utility substations Electrical motors and armature regrinding S shops Electrical supplies EXCLUDING: p p P and service Contractors sl a yards Equipment. rental Subject to§26- P P P P agencies 626; in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See § 26-628 P P sales, service and storage Floral s See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or See Footnote 1 S P P P P souvenir stores Uses Notes NC RC Gf G2 Golf courses I NCLUDES: P P - P Private clubs, restaurants and l ounges, driving angel, and those u ses commonly a ccepted as a ccessory thereto w hen located on t he same prernises Governmental and N o outside storage P P P P P quasi-governmental buildings and offices, re slabons or public Wfi buildings Governmental and O utside Storage S S S P quasi-governmental - - p buildings and offices, re stations or public u81i buildings 4 Greenhouses and see § 26-624 S S p P landscape nurseries, P retail Greenhouses and See § 26-624 S P landscape nurseries, P wholesale Grocery or See Footnote 1 P P P P P convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pum s Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P P P P stores I Home furnishing P P P tores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area for each unit Ice plants P P Indoor amusement e.g.: Roller rinks, p P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P P Outdoorflea markets Interior decorating s P P P P shops tinerant sales See § 26-630 S s S Uses Notes NC - RC G1 C-2 1 Jewel stores See Footnote 1 S p p P P Kennels S Laundry and dry s S P P p cleaning shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P uggage stores Linen supply _ P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and U nenclosed P P P building supply stores forage of any m aterials sha"' be s creened from view from adjace nt properties and streets Manufacture of PROVIDED: An vaccines, serums an d antidote exists an d S toxins is readily available or such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 26-505; § p P processing, 26131 and § 26- assembly, or light 123, definitions industrial operations Manufacturing, abrication and/or S processing of crete products al, poultry or See Footnote 1 S p p P P food stores ~ ical and dental [ Pharmacies and P s p p p P es, clinics or optical stores are. ratories accessory use -warehouses for P P inside stor e Mobile or modular See § 26628_ S S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Molorcyde sales and See § 26-628 p p service P Music stores See Footnote 1 S P P P P Uses Notes NC RC C-1 C-2 Newsstands For the sale of P P P P P n ewspapers. m nes, etc. Office supply stores S ee Footnote 1 S P p p p Offices: General P P P P P administrative, business and professional offices 0 tical stores S ee Footnote 1 S p p P P Outdoor amusement S P P facilities Paint and wallpaper S ee Footn01e I P p - P stores P Parking of P P P automobiles of - (lIents. nalients and patrons of occupants _ of adjacent commercial districts Parking of not more See § 26-619; § S S han 3 commercial 26-123, definition s S- truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S P p p P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: P P supply stores and Outdoor storage P shops yards Printing, engraving and other related S production processes Private dubs, social - P P P dubs, bingo parlors and similar uses Psychic advisors and S S S similar uses P Research P P laboratories, offices and other facilities for research uses Notes NC RC G1 C-2 Residential group P P P P and nursing homes P and congregate care acilifies for 6 to 8 elded rsons Residential group S S S and nursing tomes and congregate care facilities for 9 or more Lld~el Residential group S S S home for children Residential uses in S uch residenfial P P P P E d existence c • 3111197 u ses may be P e xtended. - - I enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P IF p p p commercial zones Rooming and S S P p p boardinghouses RV, boat, trailer and See § 26528 P p travel trailer storage Sales, repair, rental p p and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES: Those S S S P P private colleges and uses commonly universities accepted as necessary thereto when located on the same premises Shoe repair shops p P p p P Shoe stores See Footnote 1. S P P p p Shops for custom See § 26-631; § P P work or for making 26532 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S p P P p stores Stone cutting or P p polishing works Uses Notes NC RC G7 G2 1 Studio for P p P P P professional work or teaching of fine arts, photography, music, drama or dance ailor, dressmaking P P P P P or dothing alteration shops Taverns, night dubs, p p P lounges, private dubs and bars Telet'sron, radio, S ee Footn-te 1 S P P p P small aooliance reoai and service shops Temporary Christmas See § 26627 P P P tree, produce and P bedding plant sales lots Theatres, indoor - P P P Tobacco stores See Footnote 1 S P p p p Toy stores See FooNWe 1 S P P P- P Transit station, public S S S or private Upholstery shops p p P Video rentals See Footnote 1 S P p p P Warehousing and See § 26631 p P outside storage Warehouse/offoe Maximum 75% g p P total area as warehouse; minimum 25% as total area as office Watch and jewelry P p P P P "epair shops Woodworking or See § 26632 S P P carpentry shops for the making of articles or sale upon the premises, such as cabinets or custom umiture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accessory Uses Notes - Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services - Primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See 26.626 Outside storage or display See 26631 Key: P = Permitted Principal Uses S = Special Uses Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper,legislative object sought to be, attained 9 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, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2004, 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 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: 10 of WHEgT i 9 ITEM NO:_ ~~CORADO REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 12, 2004 TITLE: COUNCIL BILL NO. 07-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: April 12, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director City Manag EXECUTIVE SUMMARY: Section 26-204 is the Commercial and Industrial land use table in the zoning and development code. The table designates which uses are permitted, which uses are special uses and which uses are not allowed in the NC, RC, C-1, C-2 and I zone districts within the city. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. The following is a synopsis of the proposed modifications. 1. Banks, loan and finance offices have been changed from permitted uses to special uses. 2. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from permitted uses to special uses. 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Planning Commission reviewed this case at public hearings held on November 6, 2003 and February 19, 2004. A recommendation of approval was given. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a public hearing held on November 6, 2003. At that meeting the Commission made specific recommendations, which were incorporated into the land use table, as outlined above. An additional public hearing was held regarding this case on February 19, 2004 where a recommendation of approval was made for the following reasons: 1. It alleviates redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such tailoring and dressmaking have been added as permitted uses. There were no conditions attached to the approval recommendation. STATEMENT OF THE ISSUES: The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC Zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 07-2004, Case No. ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses, ordered published, public hearing set for April 26, 2004, at 7:00 PM in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 07-2004, Case No ZOA-04-01, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to commercial and industrial land uses." Report Prepared by: Meredith Reckert,303-235-2848 Reviewed by: Alan White Attachments: 1. February 19, 2004, Planning Commission report 2. Council Bill No. 07-2004 CouncilActionform &V\ Z e7~)r6 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: )fvleredith Reckert SUBJECT: Case No. ZOA-04-01/Neighborhood Commercial Uses DATE: February 12, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached are revisions to the commercial and industrial use chart relative to the NC, Neighborhood Commercial zone district. On November 6, 2003, Staff discussed proposed changes to the commercial use chart with Planning Commission in regard to NC uses. Attached are copies of minutes from November 6, 2003. The proposed changes have been incorporated into the chart as recommended by Planning Commission. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in StYikethf6tigh. Summary of Ordinance Changes The existing use chart has been amended as follows: 1. Banks, loan and finance offices have been changed from permitted uses to special uses. 2. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from permitted uses to special uses. ATTACHMENT 1 Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Staff Comments The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. Recommended Motion "I move that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates a redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such as tailoring and dressmaking have been added as permitted uses." Exhibits: 1. Commercial and Industrial zone district use schedule with amendments 2. Minutes of Planning Commission meeting dated 11/06/03 2 Sec. 26-204. Zone district use schedule. Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C4 G-2 1 Adult entertainment In accordance with P P P establishments Wheal Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P hospitals or clinics - no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P P Districts: Provided that no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 S P P P P accessory stores Appliance stores and P P P incidental service and repair Art galleries or See Footnote 1 P P P P P studios Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair See § 26-631 P P P and maintenance shops, minor Auto service, repair See § 26631 S P P and maintenance shops, major Automobile and light- See § 26-628 S S S duty truck sales and - rental Automotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P P P See § 26-633 P P P P Bed and breakfast Subject to P P P P P homes requirements set forth in § 26-608, Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDING: S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services. book binding establishments n 0-3 b a i Uses Notes NC RC G1 C-2 I See Footnote 1 Boat, recreational See § 26-626 S S S vehicle and trailer sales, rentals and service Body art S S S establishments MASM See Footnote 1 S P P P P Building contractors See § 26-629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 S P P P P muter stores Butcher shops and EXCLUDING: P P P food lockers Food processing Cabinet and - S woodworking shops Camera and See Footnote 1 S P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit P P P P or caretaker or manager Carpet cleaning and S fumigating Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P Aerated Caterers P P P Day care center, P P P large Day care center, P P P small C-1, C-2 & I p P P P INCLUDE: Residential a facilities. NC & RC EXCLUDES: Residential facilities ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism 2 Uses Notes NC RC G1 G2 1 Cold storage plant p P Commercial machine S P P shops Community buildings e.g.: YMCA's, P P P P P YWCA's, churches, libraries, parks, museums, aquariums and an galleries. Construction and See § 26829 P P heavy equipment sales, service, rental - and storage Contractor's plant or S storage y rd Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores Drug stores - P P P Eating S S S S establishments, drive through Eating S P P P P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING: P P P and service Contractors storage yards Equipment rental Subject to § 26- P P P P agencies 628; in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See § 26828 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or See Footnote 1 S P P P P souvenir stores 6 Uses Notes NC RC C4 G2 1 Golf courses INCLUDES: P P P Private clubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P p P P quasi-govemmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage S S S P P quasi-governmental buildings and offices, re stations or public utility buildings Greenhouses and See § 26-624 S S P P P landscape nurseries, retail Greenhouses and See § 26-624 S p p landscape nurseries, wholesale Grocery or See Footnote 1 P P P P P convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P p p P p cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P p P P stores Home furnishing P p P stores Home improvements p P p supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area or each unit Ice plants p P Indoor amusement .g.: Roller rinks, p p p and recreafional bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: p p p Outdoor flea markets Interior decorating S P P p P hops Itinerant sales See § 26630 S S S Uses Notes NC RC C-1 C-2 I Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry S _ S P P P cleaning shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P luggage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed i P P P building supply stores storage of any materials shall be screened from view from adjacent properties and streets Manufacture of PROVIDED:An S vaccines, serums and antidote exists and toxins is readily available for such vaccine, serums or toxins; and approval of such manufacture is received from he state department of health and the county health department Manufacturing, See § 26505; § P P processing, 26-631 and § 26- assembly, or light 123, definitions industrial operations Manufacturing, S fabrication and/or processing of concrete products Meat, poultry or See Footnote 1 S P P P P seafood stores Pharmacies and f2q P P P P !Wgr optical stores are accessory use Mini-warehouses for P P inside storage Mobile or modular See § 26528 S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26-628 P P P service " ' Mus c stores See Footnote 1 S P P P P Uses Notes NC RC C4 G2 I Newsstands For the sale of P P - P P P newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities lDapgr k'a~t See Footnote 1 P P P P Parking of p P P automobiles of dients, patients and patrons of occupants of adjacent commercial districts - Parking of not more See § 26619; § S S S than 3 oommercial 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S . P P P P Plumbing and heating' EXCLUDING: P P P supply stores and Outdoor storage shops yards Printing, engraving S and other related production processes Private dubs, social P p P dubs, bingo parlors and similar uses Psychic advisors and S S S P similar uses Research P P laboratories, offices - and other facilities for research " 6 Uses Notes NC RC 01 42 I Residential group P P P P P and nursing homes and congregate care facilities for 6 to 8 elderly persons Residential group S S S and nursing homes and congregate rare facilities for 9 or more ded persons Residential group S S S home for children Residential uses in Such residential P P P P P existence on 3/11197 uses may be extended, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and See § 26628 P P travel trailer storage Sales, repair, rental P P and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES: Those S S S P P private colleges and uses commonly universities accepted as necessary thereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom See § 26-631; § P P work or for making 26632 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or P P . polishing works - 7 Uses Notes NC RC Gl G2 I Studio for P P P P P professional work or teaching of fine arts, photography, music, drama or dance T0. ng P. P P P P era To l Taverns, night dubs, P P P lounges, private clubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair and service shops Temporary Christmas See § 26-627 P P P P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public S S S Ovate Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See § 26631 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P P repair shops Woodworking or See § 26632 S P P carpentry shops for he making of articles or sale upon the premises, such as cabinets or custom umiture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and industrial District Accessory Uses Notes Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services Primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See 26626 Outside storage or display See § 26631 Key: P = Permitted Principal Uses S = Special Uses Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination spread off the property, intensity of illumination and white backgrounds. There was a consensus of the Commission to make this direction to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. Commissioner WITT suggested that staff look into regulations concerning banners that are affixed to buildings. Some are attached by one comer to the building and extend across parking lots, etc. B. Neighborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission in February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There FZ is very little neighborhood commercial use in the city; however, a vehicle is needed to regulate those uses. Commissioner McMILLIN pointed out that newsstands are presently listed in two categories: (1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone are a permitted use. He suggested that newsstands be removed from the list for special use. He also believed tailoring, dressmaking or alteration shops should be a permitted use as they have a low impact on a neighborhood. Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use. (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 P.M.) It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks, medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission Page 3 November 6, 2003 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2004 -Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (CASE NO. ZOA-04-01) WHEREAS, the commercial and industrial land use table specifies permitted and special uses in the commercial and industrial zone districts in the City of Wheat Ridge, WHEREAS, redundancies in the table should be eliminated, WHEREAS, several of the uses should be modified to meet the intent of the zone district categories, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code is hereby amended by adoption of the following: Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 Adult entertainment In accordance with P P P establishments Wheat Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P P Districts: Provided that no more than 200 square feet of building area shall ATTACHMENT 2 be allocated to repair Apparel and See Footnote 1 S P P P p accessory stores Appliance stores and P P P incidental service and repair Art galleries or See Footnote 1 P P P P p studios Assembly halls and P P P convention facilities Auction houses S p p Auto service, repair See § 26-631 P p p and maintenance shops, minor Auto service, repair See § 26-631 S p p and maintenance shops, major Automobile and light- See § 26-628 S S S duty truck sales and rental Automotive parts and P p p supplies sales Bakeries, retail See Footnote 1 S P p P P Banks, loan and See § 26-633 PS P P p p finance offices Bed and breakfast Subject to P P P p p homes requirements set forth in § 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDING: S P P P p photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments uses Notes NC RC C-1 C-2 See Footnote 1 Boat, recreational See § 26-628 ! S S vehicle and trailer I sales, rentals and service Body art S S establishments Book stores, newsstands See Footnote 1 S P P P p , stationery and card stores Building contractor's See § 26-629 S P p service shop and storage yard incidental to an office/showroom princi al use. Business machine or S ee Footnote 1 S P P P p computer stores Butcher shops and E XCLUDING: p p p food lockers F ood rocessing 2 Cabinet and S woodworking shops Camera and See Footnote 1 S P P P P photographic service and supply stores _ Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit P P P P or caretaker or manager Carpet cleaning and S fumigating Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P operated Caterers P P P Day care center, P P P large Day care center, P P P small Clinics and offices for C-1, C-2 & I PS P P P P the counseling and INCLUDE: treatment of Residential, psychological, social, facilities. marital, NC & RC developmental or EXCLUDES: similar conditions Residential facilities ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism Uses Notes NC RC C-1 G2 Cold storage plant p P Commercial machine S P P shops Community buildings e.g.: YMCA's, P P P P P YWCA's, churches, libraries, parks, museums, aquariums and art galleries. Construction and See § 26-629 P P heavy equipment sales, service, rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores Drug stores p P P Eating g g g S S establishments, drive through Eating S P P P p establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING: p p P and service Contractors stora a ards Equipment rental Subject to § 26- P p P P agencies 628: in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See § 26628 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P p P p Gift, novelty or See Footnote 1 S P P P p souvenir stores Uses Notes NC RC C-1 C-2 I Golf courses INCLUDES: P P P Private clubs, restaurants and l ounges, driving r anges, and those uses commonly accepted as a ccessory thereto when located on t he same remises Governmental and No outside storage P P P P P quasi-governmental buildings and offices, fire stations or public utility buildings Governmental and O utside Storage S S S P P quasi-governmental buildings and offices, re stations or public utility buildings 4 Greenhouses and See § 26-624 S S P P P landscape nurseries, retail Greenhouses and See § 26-624 S P P landscape nurseries, wholesale Grocery or See Footnote 1 P P P P P convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 s P P P P Hobby and craft See Footnote 1 S P P P P stores Home furnishing P P P stores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area for each unit Ice plants P P Indoor amusement e.g.: Roller rinks, P P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P P Outdoor flea markets Interior decorating S P P P P sho s Itinerant sales See § 26630 S S S Uses Notes NC RC C-1 C-2 I Jewel stores See Footnote 1 s P P P P Kennels S Laundry and dry S S P P P cleaning shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P luggage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed P P P building supply stores storage of any materials shall be screened from view from adjacen t properties and streets Manufacture of PROVIDED An S vaccines, serums an d antidote exists and toxins is readily available or such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 26505; § p p processing, 26531 and § 26- 3ssembly, or light 123, definitions ndustdal operations Manufacturing, S fabrication and/or processing of ncrete products al, poultry or See Footnote 1 S P P P P afood stores dical and dental [ Pharmacies and P P P p ces, clinics or optical stores are oratories accesso use i-warehouses for p P inside storage Mobile or modular See § 26528 S S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26-628 P p p service Music stores See Footnote 1 S P P P P Uses Notes NC RC C-1 G2 Newsstands For the sale of P P p P p newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores S ee Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper S ee Footnote 1 S P P p p stores Parking of P P P automobiles of cJients. patients and patrons of occupants of adjacent commercial districts Parking of not more See § 26519; § S S S than 3 commercial 26-123, definitions truck-tractors and/or semi-trailers When in conformance with the parking design standards set forth in § 26501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: P P P supply stores and Outdoor storage shops yards Printing, engraving S and other related production processes Private dubs, social P P P clubs, bingo parlors and similar uses Psychic advisors and S S S - P similar uses Research P P laboratories, offices and other facilities for research Uses Notes NC RC G1 C-2 1 Residential group P P P P P and nursing homes and congregate care facilities for 6 to 8 elderly rsons Residential group S S S and nursing homes and congregate care facilities for 9 or more elderl rsons Residential group S S S home for children Residential uses in - Such residential P P P P P existence c 3/11/97 uses may be extended. enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P p commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and See § 26-628 P p travel trailer storage Sales, repair, rental P p and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES: Those S S S P P private colleges and uses commonly universities accepted as necessary thereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom See § 26-631; § P P work or for making 26632 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or p p polishing works Uses Notes NC RC Gl G2 71- Studio for P P P p p professional work or teaching of fine arts, photography, music, drama or dance Tailor, dressmaking P P p p p or clothing alteration shops Taverns, night clubs, P P p lounges, private clubs and bars Television, radio, S ee Foofi^te 1 S P P P p small aonliance renal and service shops Temporary Christmas See § 26-627 P P p p tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public S S S or private Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See § 26631 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P P repair shops Woodworking or See § 26-632 S P P carpentry shops for the making of articles or sale upon the premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accesso Uses Notes Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services Primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See § 26-626 Outside storage or display See § 26-631 Key: P = Permitted Principal Uses S = Special Uses Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be.attained. 9 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, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2004, 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 , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: 10 PUBLIC HEARINGS A. Case No. ZOA-03-14: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. This case was presented by Meredith Reckert. She reviewed the staff report. Commissioner WEISZ suggested a tracking system which would flag expiration dates for final development plans. There was discussion about changes in landscape requirements that may have occurred after a final development plan was originally filed. Since Wheat Ridge has no large plots of land available for development, this would probably not be a big problem. Commissioner WESLEY expressed concern that all affected property owners receive proper notice. Meredith Reckert explained that neighborhood referral notification requires a 600-foot radius to be notified. The public hearing requires notification within a 100-foot radius. However, the practice is to notify all people who attend the neighborhood meeting of the public hearing even though they may fall outside the 100-foot radius. Commissioner WESLEY suggested that, in order to be consistent, all references to Director of Planning and Development be changed to Community Development Director. Chair McNAMEE asked if there were those present who wished to address this matter. There was no response. It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER that Case No. ZOA-03-14, proposed amendments to Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates redundant language. 2. It extends the time limit for mylar submittal. 3. It addresses time limits for outline and final development plan expiration. 4. It allows more flexibility for administrative approval of final development plan amendments. The motion passed 5-0 with Commissioner McMILLIN absent. 7 B. Case No. ZOA-04-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the commercial zone district use schedule. This case was presented by Meredith Reckert. She reviewed the staff report. Following brief discussion, Chair McNAMEE asked if there were those present who wished to address this matter. There was no response. Planning Commission Page 2 February 19, 2004 It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates a redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such as tailoring and dressmaking have been added as permitted uses. The motion passed 5-0 with Commissioner McMILLIN absent. 8. OLD BUSINESS The RV ordinance is scheduled for first reading before city council on March 8 with the second reading scheduled for March 22. • City Council has directed staff to research and develop regulations to allow more than one vehicle for use in home-based occupations. 9. NEW BUSINESS This meeting marks the end of terms for Scott Wesley, Phil Plummer and Paula Weisz. Mr. Wesley and Mr. Plummer have applied for reappointment; however, Ms. Weisz has not. Since there is nothing scheduled for the next Planning Commission meeting, it was moved by Commissioner PLUMMER and seconded by Commissioner WITT to cancel the March 4th Commission meeting. The motion passed unanimously. 10. COMMISSION REPORTS Commissioner WESLEY announced that he will be out of town and cannot attend the April Commission meetings. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner WEISZ and seconded by Commissioner WITT to adjourn the meeting at 8:15 p.m. The motion passed unanimously. Marian McNamee, Chair Ann Lazzeri, Recording Secretary Planning Commission February 19, 2004 Page 3 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: ,Meredith Reckert SUBJECT: Case No. ZOA-04-01/Neighborhood Commercial Uses DATE: February 12, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached are revisions to the commercial and industrial use chart relative to the NC, Neighborhood Commercial zone district. On November 6, 2003, Staff discussed proposed changes to the commercial use chart with Planning Commission in regard to NC uses. Attached are copies of minutes from November 6, 2003. The proposed changes have been incorporated into the chart as recommended by Planning Commission. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in strikethfeuglt. Summary of Ordinance Changes The existing use chart has been amended as follows: 1. Banks, loan and finance offices have been changed from permitted uses to special uses. 2. Newsstands were removed from the category of bookstores, newsstands, stationery and card stores as they are listed separately as a permitted use. 3. Nonresidential counseling clinics and offices were changed from permitted uses to special uses. 4. Medical and dental clinics and laboratories were changed from permitted uses to special uses. 5. Paint and wallpaper stores were removed as special uses in the NC zone district. 6. Tailoring, dressmaking and clothing alteration businesses were changed from not permitted to permitted uses. This modification also amends this use classification in the RC zone district from not permitted to permitted uses. Staff Comments The intent and purpose of the Neighborhood Commercial zone district is "to provide a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character". As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearly residences. Recommended Motion "I move that Case No. ZOA-04-01, a proposed amendment to Chapter 26 of the Wheat Ridge Code of Laws regarding the commercial and industrial zone district use schedule, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It alleviates a redundancy relative to newsstands. 2. It modifies the classification of high traffic generating uses such as banks and medical offices from permitted uses to special uses. 3. Less impactive uses such as tailoring and dressmaking have been added as permitted uses." Exhibits: 1. Commercial and Industrial zone district use schedule with amendments 2. Minutes of Planning Commission meeting dated 11/06/03 Sec. 26-204. Zone district use schedule. Table of Uses--Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 I Adult entertainment In accordance with'. P P P establishments Wheat Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary With outside runs; P P hospitals and clinics no cremation Animal veterinary Where there are S P P P P hospitals or clinics no outside pens or runs for dogs; no cremation Antique stores In NC & RC S P P P P Districts: Provided that no more than 200 square feet of building area shall be allocated to repair Apparel and See Footnote 1 S P P P P accessory stores Appliance stores and P P P incidental service and repair Art galleries or See Footnote 1 P P P P P studios Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair See § 26-631 P P P and maintenance shops, minor Auto service, repair See § 26-631 S P P and maintenance shops, major Automobile and light See § 26-628 S S S duty truck sales and rental Automotive parts and P P P supplies sales Bakeries, retail See Footnote 1 S P P P P Banks loan and See § 26-633 ft P P P P figaoden~ces Bed and breakfast Subject to P P P P P homes requirements set forth in § 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, EXCLUDING: S P P P P photostatic copying Large printing, and other similar publishing and/or reproduction services book binding establishments EXHIBIT 1 Uses Notes NC RC C-1 G2 I See Footnote 1 Boat, recreational See § 26-628 S S S vehicle and trailer sales, rentals and service Body art S S S establishments See Footnote 1 S P P P P Mid Building contractor's See § 26-629 S P P service shop and storage yard incidental to an office/showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and EXCLUDING: P P P food lockers Food processing Cabinet and S woodworking shops Camera and See Footnote 1 S P P P P photographic service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit p P P P for caretaker or manager Carpet cleaning and S fumigating Carting, express, S hauling or storage yard Car wash, automatic S P P Car wash, coin S P P operated Caterers P P P Day care center, p P P large Day care center P P P small _ ClmiW6 d oMd6tor C-1, C-2 & I RS P P P P jbecd-- 'and INCLUDE: Ueat neri6of Residential ps,bad1oddal soCWj' facilities. marital, NC & RC developmeiRaEp~ EXCLUDES: Air one Residential facilities ALL districts INCLUDE: Counseling and treatment for substance abuse and alcoholism Uses Notes NC RC C-1 C-2 I Cold storage plant p P Commercial machine S P P shops Community buildings e.g.: YMCA's, P P P P P YWCA's, churches, libraries, parks, museums, - aquariums and art galleries. Construction and See § 26-629 P P heavy equipment sales, service, rental and storage Contractors plant or S storage yard Dairy products stores'. See Footnote 1 S P P P P Day care center and p P P preschools, large Day care center and P P P preschools, small Department or variety p P P stores Drug stores p P P Eating S S S S S establishments, drive through Eating S P P P P establishments, sit down Electric transmission S S S S S and public utility substations Electrical motors and S armature regrinding shops Electrical supplies EXCLUDING: P P P and service Contractors storage yards Equipment rental Subject to § 26- P P P P agencies 628; in RC District: Outside storage and display prohibited Exterminators P P P P Farm equipment See § 26-628 P P sales, service and storage Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or See Footnote 1 S P P p p souvenir stores Uses Notes NC RC Gl G2 I Golf courses INCLUDES: P P P Private clubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and No outside storage P P P P P quasi-governmental buildings and offices, fire stations or public utility buildings Governmental and Outside Storage S S S P P quasigovernmental buildings and offices, fire stations or public utility buildings Greenhouses and See § 26-624 S S P P P landscape nurseries, retail Greenhouses and See § 26-624 S P P landscape nurseries, wholesale Grocery or See Footnote 1 P P P P P convenience stores, no gas pumps Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and P P P P P cosmetic services Hardware stores See Footnote 1 S P P P P Hobby and craft See Footnote 1 S P P P P stores Home furnishing P P P stores Home improvements P P P supply stores Hotels or motels for There shall be S S S transient occupancy. 1,000 square feet of gross lot area for each unit Ice plants P P Indoor amusement e.g.: Roller rinks, P P P and recreational bowling alleys, enterprises arcades and similar uses Indoor flea markets PROHIBITED: P P P Outdoor flea markets Interior decorating S P P P P shops Itinerant sales See § 26-630 S S S 4 Uses Notes NC RC C-1 C-2 I Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry S S P P P cleaning shops Laundry and dry P P P P P cleaning pick up stations Leather goods and P P P luggage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and Unenclosed P P P building supply stores storage of any materials shall be screened from view from adjacent properties and streets Manufacture of PROVIDED: An S vaccines, serums and antidote exists and toxins is readily available for such vaccine, serums or toxins; and approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 26-505; § P P processing, 26-631 and § 26- assembly, or light 123, definitions industrial operations Manufacturing, S fabrication and/or processing of concrete products Meat, poultry or See Footnote 1 S P P P P seafood stores 1~edcal~n3dgojal Pharmacies and RS P P P P pifiees, clifia of optical stores are [AWN arigs accessoryuse Mini-warehouses for P P inside storage Mobile or modular See § 26-628 S S homes or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26-628 P P P 'service Music stores See Footnote 1 S P P P P Uses - Notes NC RC C-1 G2 I Newsstands For the sale of P P P P P newspapers, magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Pamtandwaljpap~r SeeFootnote 1 S P P P P stores Parking of P P P automobiles of clients, patients and patrons of occupants of adjacent commercial districts Parking of not more See § 26-619; § S S S than 3 commercial 26-123, definitions truck-tractors and/or semi-trailers When in - conformance with the parking design standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: P P P supply stores and Outdoor storage shops_ yards Printing, engraving S and other related production processes Private clubs, social P P P clubs, bingo parlors and similar uses Psychic advisors and S S S P similar uses Research P P laboratories, offices and other facilities for research 6 Uses Notes NC RC C-1 G2 I Residential group p P P P P and nursing homes and congregate care facilities for 6 to 8 elderly persons Residential group S S S and nursing homes and congregate care facilities for 9 or more elderly persons Residential group S S S home for children Residential uses in Such residential P P P P P existence on 3111197 uses may be extended, enlarged, and/or reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and See § 26-628 P P travel trailer storage Sales, repair, rental P P and servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial Conducted entirely S S or business training, within an enclosed including vocational building trade or professional schools Schools: public; INCLUDES: Those S S S P P private colleges and uses commonly universities accepted as necessary thereto when located on the same premises' Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom See § 26-631; § P P work or for making 26-632 articles, materials or commodities to be sold at retail on the premises Sporting goods See Footnote 1 S P P P P stores Stone cutting or P P polishing works Uses Notes NC RC C-1 C-2 I Studio for P P P P P professional work or teaching of fine arts, photography, music, drama or dance Tailor dress,'making P P P P P orelothmg` let ration , shop Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, See Footnote 1 S P P P P small appliance repair and service shops Temporary Christmas See § 26-627 P P P P tree, produce and bedding plant sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public' S S S or private Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and See § 26-631 P P outside storage Warehouse/office Maximum 75% S P P total area as warehouse; minimum 25% as total area as office Watch and jewelry P P P P P repair shops Woodworking or See § 26-632 S P P carpentry shops for the making of articles for sale upon the premises, such as cabinets or custom furniture Footnote; 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. Commercial and Industrial District Accessory Uses Notes Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Food services primarily for the occupants of a building containing a permitted use when located within the same building Residential uses in commercial zones See § 26-626 Outside storage or display See § 26-631 Key: P = Permitted Principal Uses S = Special Uses Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination spread off the property, intensity of illumination and white backgrounds. There was a consensus of the Commission to make this direction to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. Commissioner WITT suggested that staff look into regulations concerning banners that are affixed to buildings. Some are attached by one corner to the building and extend across parking lots, etc. B. Neighborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission in February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There is very little neighborhood commercial use in the city; however, a vehicle is needed to regulate those uses. Commissioner McMILLIN pointed out that newsstands are presently listed in two categories: (1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone are a permitted use. He suggested that newsstands be removed from the list for special use. He also believed tailoring, dressmaking or alteration shops should be a permitted use as they have a low impact on a neighborhood. Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use. (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 P.M.) It was moved by. Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks; medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission November 6, 2003 Page 3 EXHIBIT 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 19, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-03-14: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding planned developments. Case No. ZOA-04-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the commercial zone district use schedule. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: February 12, 2004 City of Wheat Ridge ~oF WHEgT~ Community Development Department Memorandum ~~<ORA00 TO: Alan White FROM: Meredith Reckert SUBJECT: November 6, 2003, Planning Commission DATE: November 28, 2003 At the November 6, 2003 Planning Commission meeting, I discussed the following study session items with the Commission. Proposed changes to the sign code: • Business flags should be allowed as recommended by staff. In regard to temporary banners, Planning Commission suggested that a business owner be allowed temporary banners for up to one month per year consistent with the provisions for pennants, streamers and balloons. To exceed the one-month time period, the business owner be issued a permit with substantial fee for processing (at least $100). Enforcement would be on a complaint basis whereby the business owner be given 30 days to either remove the banner or apply for a permit to exceed the 30-day maximum. A consensus was made requesting staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination, intensity of illumination and minimizing the effect of signs with white backgrounds. Neighborhood Commercial Uses: • Newsstands be removed from the category of bookstores, newsstands, stationery and card stores (special use) as they are listed separately as a permitted use. • Banks, medical and dental clinics and nonresidential counseling clinics be added to the list of special uses. • Tailoring, dressmaking and clothing alterations businesses be made permitted uses. • Paint and wallpaper stores should not be permitted as special uses. Please advise me how to proceed with the necessary zoning code amendments. Meredith Reckert commented that most of the present code enforcement regarding signs is complaint based and she thought enforcement would not be a problem. Commissioner McMILLIN stated that he felt it was important to address excess window signage which can cause problems with police enforcement when they are called to an establishment and are unable to see inside the building before going in. A vote was taken on the motion which passed 5-0 with Commissioners DAVIS and McNAMEE absent. Commissioner McMILLIN requested staff to prepare a report presenting options for the regulation of lights and lighted signs in regard to illumination spread off the property, intensity of illumination and white backgrounds. There was a consensus of the Commission to make this direction to staff. Ms. Reckert replied that it would be many months before this could be researched and prepared. Commissioner WITT suggested that staff look into regulations concerning banners that are affixed to buildings. Some are attached by one corner to the building and extend across parking lots, etc. B. Neighborhood Commercial Uses This matter was introduced by Meredith Reckert. Planning Commission in February, 2003, requested a review of uses to be allowed in the Neighborhood Commercial zone district. There is very little neighborhood commercial use in the city; however, a vehicle is needed to regulate those uses. Commissioner McMILLIN pointed out that newsstands are presently listed in two categories: (1) bookstores, newsstands, stationery and card stores are a special use; (2) newsstands alone are a permitted use. He suggested that newsstands be removed from the list for special use. He also believed tailoring, dressmaking or alteration shops should be a permitted use as they have a low impact on a neighborhood. Dairy stores and small bakeries were discussed. Suggestions were made that dairy stores should be permitted if under a certain square footage and small bakeries should be a permitted use. (Vice Chair WEISZ declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:35 P.M.) It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to include banks, medical and dental clinics, including laboratories, and clinics for nonresidential psychiatric counseling as special uses; include tailoring, dressmaking and alterations as a permitted use; and paint and wallpaper stores should not be permitted. The motion passed 5-0 with Commissioners DAVIS and McNAMEE absent. Planning Commission Page 3 November 6, 2003 City of Wheat Ridge of W"Eq'~ Community Development Department Memorandum c~IORP~~ TO: Planning Commission FROM: 1'~eredith Reckert SUBJECT: Neighborhood Commercial uses DATE: October 29, 2003 At the February 6, 2003 Planning Commission meeting, a motion was made regarding review of the NC (Neighborhood Commercial) land use designations. Exhibit I is a copy of the minutes from the February meeting. Exhibit 2 is a chart showing the existing commercial use list for the NC zone district and the prior designation of those uses in the RC-I (Restricted Commercial-One) zone district. The intent and purpose of the Neighborhood Commercial zone district is "to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitations, will promote neighborhood stability and protect neighborhood values and character." As staff was preparing the list for the NC zone district, issues considered were appropriateness for businesses serving a neighborhood and potential impacts to nearby residences. EXHIBIT 1 The motion passed 6-0 with Commissioner McNAMEE absent. 8. OLD BUSINESS • Gerald Dahl, city attorney, appeared before the Commission to address a letter from Dan Schneider which was copied to Planning Commission members asking for a change to plat conditions imposed during a previous hearing. Mr. Dahl advised the Planning Commission that they have no jurisdiction in this matter. Discussion ensued regarding the possible institution of a cost recovery provision in the code. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to request that City Council consider an ordinance which would institute a cost recovery system for road and drainage improvements and a further requirement that evidence of permission for off-site road improvements, drainage and use of drainage systems be required as a condition of approval. The motion passed 6-0 with Commissioner McNAMEE absent. Commissioner McMILLIN reported that the owner of the Phillips 66 station has yet to comply with lighting standards. Alan White stated that the owner has been contacted about this and will follow up with the owner again. 9. NEW BUSINESS • Commissioner SNOW requested that the list of uses allowed in neighborhood commercial zones be reviewed at a future study session. She expressed concern that this list includes uses such as candy stores that probably shouldn't require a special use permit. Commissioner SNOW moved and Commissioner PLUMMER seconded that Planning Commission consider reviewing the issue of both special and permitted uses in the neighborhood commercial district at a study session (date to be set by staff). The motion passed 6-0 with Commissioner McNAMEE absent. 10. COMMISSION REPORTS Chair WEISZ announced that she will be having surgery and will be absent from the next two planning commission meetings. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission February 6, 2003 C IBIT 2 Land use category Notes ON Designation New Dawgnabon Adult entertainment establishments In accordance with Wheat Ridge Code of not permitted not permitted Ambulance services not permitted nolperraw Amusementparks notpermitted not permitted Animal veterinary hospitals and clinics With outside runs no cremation not permitted not permitted Animal veterinary hospitals or clinics Where there are no outside pens or rums for dogs; no cremation special use special use Antique stores In NC 8 RC Districts: Provided that no more than 200 square feet of building area shall be allocated to repair special use special use Apparel and accessory stores See Footnote 1 special use special use Appliance stores and incidental service and rpnair not permitted not permitted Art galleries or sludlos See Footnote 1 penritted use permitted use Assembly halls and convention facilities not permitted not permitted Auction houses not permitted not permittetl Auto service, repair and maintenance See § 26531 not permitted not permitted Auto service, repair and maintenance See § 26531 not permitted not permitted Automobile and fight-duty truck sales and See § 26528 not permitted not pendtted Automotive parts and supplies sales not permitted not permitted Bakeries, rate@ See Footnote 1 - special use special use Banks, loan and finance offices See § 26533 permitted use permitted use Bed and breakfast homes Subject to requirements set forth in § 26-WIL not permitted permitted use Bicyde stores See Footnote 1 special use special use Blueprinting, photostatic copying and other similar reproduction services EXCLUDING: Large printing, publishing andror book binding special use special use See Footnote 1 Boat recreabonalvehide and bailer sales, See § 26528 not permitted not permitted Body ad establishments not permined nolpermMed Book stores, newsstands, stationery and See Footnote 1 special use special use Budding contractors service shop and storage yard incidental to an See § 26-629 notpemgted not perrridfad Business matlmkre or computer stores See Footnote 1 special use special use Butcher strops and food lockers EXCLUDING: Food not pemtitled not permitted Cabinet and woodwodkkg shops not pemrctted notpermided Camera and photographic service and See Footnote 1 special use special use Candy, nil and confectionery stores See Footnote 1 special use special use Caretaker residence Only one (1) unit for caretaker or manager not permitted not pernifired Carpet clearing and fumigating nil permitted not permitted Carting, express, hauling or storage yard not permitted not permitted Car wash, automatic not permitted not permitted Car wash, com operated not permitted! not permitted Caterers not permitted not permitted Day are center, large notpermifted not permitted Day we center, small notpermitted not permitted Clines and offices for the counseling and treatment of psychological, social, marital, develo mental or similar conditions INCLUDE: Residential facilities. special use not permitted p EXCLUDES: Residential permAfed use pennited else ALL districts INCLUDE: Cansefiig and treatmentforwbstance abuse and alcoholism permitted use permitted use Cold storage plant not pomaded rot permitted Commercial machine shops not permitted not permitted Community bmldngs e.g.: YMCA's, YWCA's, churches, Iftorvies, parks museums, aquariums and an galleries. permitted use permitted use Construction and heavy equipment sales, ~W and stomp See§2"29 not permitted rot permitted Contractors plant or storage yard not permitted not permitted Dairy products sores See Footnote 1 special use special use Day care center and preschools, large not permtted not permitted Day are center and preschools, small not permitted not permitted Department a variety stores not permitted not permitted Drug stores not permitted not permitted Eating establishments, drive through not permitted special use Eating establishments, sit down not permitted special use Electric transmission and public Wirt, candibonal use special Electrical motors and arnaore regrinding not permitted not permitted Electrical wppkes and service EXCLUDING: Contractors storage not perm tted not permitted Equipment rental agencies Subject to § 28-628; it RC District Outside storage and display prohibited not permitted rot permitted Exterminators not permitted notpermthad Farm equipment sales, service and dotage See § 26-628 not pwMW not permitted Floral shops See Footnote 1 spedd use special use Fumibire sores not permitted not permitted Garden wp* sores See Footnote 1 special use special use Gi4 novetly a souvmi sores See Foolote 1 special use special use GeV courses - INCLUDES: Private dubs, restaura cis and ourges, driving ranges, and these uses commonly accepted as accessory thereto Wren located on the same Emanates not pemNted notpermibed Govemmental and quasi-governmental No outside storage permitted use permitted use buildings and offices, lie stations or public Governmental and quasiyovemmental Outside Storage special use special use buildings and offices, fee stations or public Greenhouses and landscape nurseries, See § 26-624 special use special use Greenhouses and landscape nurseries, See § 26-624 special use special use Grocery or convenience stores, no gas See Footnote 1 special use permitted use Grocery stores which may include no See Footnote 1 not permitted special use more than l gasoline service island with no more than 2 dispensing pumps Hair, nail and cosmetic services permitted use permitted use Hardware stores See Footnote 1 not permitted special use Hobby and craft stores See Footnote 1 special use special use Home furnishing stores not permitted not pemnifted Home improvements supply stores not permitted not permitted Hotels or motels for transient occupancy There shall be 1,000 not permitted not permitted square feet of gross M Ice plants not permitted not permitted Indoor amusement and recreational e.g.: Roller rinks, bowfing not permitted not permitted enterprises alleys, arcades and similar uses Indoor flea markets PROHIBITED: Outdoor not permitted not permitted flea markets Interior decorating shops permitted use special use Itinerant sales See §26-630 not pennifted not permitted Jewelry stores See Footnote 1 special use special use Kennels not pemuged not permitted Laundry and dry cleaning shops special use special use Laundry and dry cleaning pick up stations permitted use pemdged use Leather goods and luggage stores not pemitled not perrruged Linen supply not permitted not permitted Liquor stores not permitted not permitted Locksmith shops special use permitted use Lumberyards and building supply stores Unenclosed storage of not permitted not pennifted any materials shall be screened from view from adjacent properties and streets Manufacture of vaccines, senims and toxins PROVIDED: M antidote not peirnified not permitted exists and is readily available for such vaccine, serums or foxes; and approval of such m inufact re is received from the state department of health and the counly health department Manufacturing, processing, assembly, a See § 26505; § 26-631 not pertmtted not permitted fight industrial oyerabons and § 26123, definitions Manufacturing, fabrication and/or not permitted not permitted Meat, poultry or seafood stores See Footnote 1 not permitted special use Medical and dental offices, dines or laboratories Pharmacies and optical stores are accessory use permitted use penmided use Minivarehouses for inside storage not permitted not pennibed Mobile or modular homes a building sales See § 26-628 not pemiifted not permuted Mortuaries and crematories special time not permitted Motor fueling stations not perm tied not pearetted Motorcycle sales and service See § 26-628 not permitted not permitted Music stores See Footnote 1 special use special use Newsstands For the sale of newspapers, not permitted permitted use Office supply stores See Footnote 1 special use special use Offices. General administrative, business pemelled use permitted use Optical stores See Footnote 1 speed use special use Outdoor amusement facilities not permitted not pernided Paint and wallpaper stores See Footnote 1 special use special use Parking of automobiles of clients, patients and patrons of occupants of adjacent not permitted not pemiltted Packing of not more than 3 corrxnadal WU tractors andfor serrwtralers See § 26-619; § 26123, definitions not permitted not permitted When in conformance with the parking design standards set forth in § 26601 His not intended that such parking limitations shall apply to pickup and delivery tacks normally associated with business operations Pawn shops not pemetted not permitted pet stores See Footnote 1 special use special use Pharmacies not permitted special use Picture barring shops See Footnote 1 special use special use %mb'ag and healing supply stores and shops EXCLUDING: Outdoor storage yards not pernotted not permitted Printing, engraving and other related not permitted not permitted Private dubs, social dubs, bingo parlors not penri8ed rot pemetted Psychic advisors and similar uses notperritted not permitted Research laboratories, offices and other not perr lted not permitted Residential group and nursing homes and congregate care faaLties for 6 to 8 elderly pertritted use pertrl8ed use Residential group and nursing homes and congregate me facilities for 9 a more elderly persons special use special use Residential group home for children special use special use Residential uses in existence on 3/11197 Such residential uses pemtitted use permitted use may be extended, enlarged, and/or reconstructed so long as no additional duelling units are created Residential uses in commercial zones See § 26526 permitted use permitted use Rooming and boardnghouses special use special use RV, boat, trailer and travel trailer storage See § 26528 not permitted not permitted Sales, repair, rental and servicing of any not permitted not permitted commodity that the manufacture, fabrication. processing or sale of which is permitted in the district Schools for Industrial or business Conducted entirely permitted use not permitted training, including vocational trade or within an enclosed professional schools building Schools: public; private colleges and INCLUDES: Those uses permitted use special use universities commonly accepted as necessary thereto When located on the same premises Since repair shops permitted use pemtited use Shce stores See Footnote 1 special use special use Shops for wstom work of for making See § 26531: § 26532 not par iced not permitted articles, materials or commodities to be sold at retail on the premises Sporfing goods stores See Footnote 1 special use special use Slone cutting or polishing works not pemdted not permitted Studio for professional wok a teaching of pemdtled use permitted use fine arts, photography, music, drama or Tailor, dressmaking or clothing - iflit,ratim, h,, permitted use not permitted Taverns, night dubs, lounges, private dubs not peirriffied not permitted Television, radio, small appliance repay and See Footnote 1 special use special use Temporary Christmas tree, produce and See § 26627 not pemuted not permitted 7heaves, indoor no permitted- not pertniged Tobacco stoves See Footnote 1 special use special use Toy stores See Footnote 1 special use special use Transit station, public or private not par ited not pemutted Upholstery shops not permitted not perrmw Video rentals See Footnote 1 special use special use Warehoustrg and outside storage See § 26-631 not pa r iced not terrified Warehouse/office hlavmhm 75% total area not permitted hot Peffnitted as warehouse; mmmum 2596 as total area as Watch and )eweky repair shops pemetted use pemeted use Woodworking orcarpentry shops for the not permited not permitted making of articles for sale upon the premises, such as cabinets or custom Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Notes: Follow- Up: OA0401 Quarter Section Map N Citywide Related Cases: i Case Histor y: I Review Body: APN: 2nd Revie w Body: 2nd Review Date Decision-making Body Appro val/Denial Date: Reso/Ordinance No.: Reckert °di-vee I..... o.: mend Chapter 26 concerning zone district use schedule (NC uses) PC - 2/19/04 CC CC Conditions of Approval: I-- District: F_ Date Rec eived: 1/912004 Pre-App Date: I Ggto:ptget~':