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HomeMy WebLinkAboutOrdinance 2012-1523CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 21 ORDINANCE NO. 152 3 Series of 2012 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE CREATION OF AN INDUSTRIAL-EMPLOYMENT ZONE DISTRICT WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, recommends that the City amend the Code to update the Light Industrial (I) zone district and to develop a zone district that promotes employment uses; and WHEREAS, the City wishes to amend the Code to create an Industrial- Employment zone district that will accomplish the goals in the Comprehensive Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-112. B of the Code is amended to read: B. Applicability 1. The requirements of this section shall be applicable within the municipal boundaries of the City of Wheat Ridge and to any areas that are proposed to be annexed to the city where one ( 1) of the following is proposed: a. Change of zone of a parcel of land from one (1) zone district classification to another zone district. This includes an application for private rezoning within or to any mixed use, INDUSTRIAL-EMPLOYMENT, public facilities, or conservation district; as well as a rezoning within or to any residential or agricultural zone district for properties up to and including one (1) acres in size. b. Change of the conditions of an existing zone district where those conditions were specifically established by a previous rezoning ordinance. 2. All applications for a zone change shall be to a planned development district where any one (1) of the following conditions exists. Article II of this chapter should be consulted for planned development requirements and procedures. a. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district OR TO THE INDUSTRIAL-EMPLOYMENT DISTRICT, for properties of any size . b. An application for a zone change to any iAEIY&tRal, residential or agricultural district for property over one (1) acre in size, or for which an applicant owns adjacent property which, taken together with the property that is the subject of the application, totals more than one (1) acre. Section 2: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order: ENERGY PRODUCTION. RENEWABLE. A FACILITY THAT GENERATES ENERGY FROM RENEWABLE SOURCES INCLUDING SOLAR. WIND. AND GEOTHERMAL. THE ENERGY MAY BE USED ON SITE OR SOLD FOR USE OFF-SITE. FLEX SPACE. A STRUCTURE THAT ALLOWS FOR ANY COMBINATION OF OFFICE. WAREHOUSE. MANUFACTURING. ASSEMBLY OR LIGHT INDUSTRIAL OPERATIONS. MANUFACTURING. HEAVY. THE PRODUCTION, ASSEMBLY. FABRICATION OR MANUFACTURE OF PRODUCTS PRIMARILY FROM EXTRACTED OR RAW MATERIALS, INCLUDING THE BULK STORAGE AND HANDLING OF SUCH MATERIALS. THIS TERM INCLUDES BUT IS NOT LIMITED TO MOTOR VEHICLE MANUFACTURING, CONCRETE MANUFACTURING. AND CHEMICAL MANUFACTURING. MANUFACTURING. PROCESSING. ASSEMBLY, OR LIGHT INDUSTRIAL OPERATIONS. THE PRODUCTION. PRIMARILY FROM PREVIOUSLY PREPARED 1MATERIALS. OF FINISHED PRODUCTS OR PARTS. INCLUDING PROCESSING. 1FABRICATION. ASSEMBLY. TREATMENT. AND PACKAGING OF SUCH PRODUCTS. INCLUDING INCIDENTAL STORAGE. SALES. AND DISTRIBUTION OF SUCH PRODUCTS. RECYCLING CENTER. A FACILITY AT WHICH RECOVERABLE RE:SOURCES, SUCH AS NEWSPAPERS. MAGAZINES, GLASS. METAL CANS, PLASTIC M.ATERIALS. TIRES, GRASS AND LEAVES. AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE, MEDICAL WASTE. OR HAZARDOUS WASTE) ARE COLLECTeD. STORED, FLA TIENED. CRUSHED. BUNDLED OR SEPARATED BY GRADE OR TYPE. COMPACTED. BALED, OR PACKAGED FOR SHIPMENT TO OTHERS FOR THE MANUFACTURE OF NEW PROJECTS. THIS DOES NOT INCLUDE THE RECYCLING OF MOTOR VEHICLE PARTS. RECYCLING COLLECTION STATION. AN ESTABLISHMENT ENGAGED IN COLLECTING RECYCLABLE ITEMS SUCH AS NEWSPAPERS. MAGAZINES. GLASS. METAL CANS. PLASTIC MATERIALS. TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) FOR THE PURPOSE OF RESOURCE RECOVERY. RECYCLING PLANT. A FACILITY WHERE RECOVERABLE RESOURCES. SUCH AS NEWSPAPERS. MAGAZINES. GLASS. METAL. STEEL SCRAP. RUBBER. METAL CANS. PLASTIC MATERIALS. TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE) AND/OR OTHER PRODUCTS ARE RECYCLED AND TREATED TO RETURN SUCH PRODUCTS TO A CONDITION IN WHICH THEY MAY AGAIN BE USED FOR PRODUCTION OR FOR RETAIL OR WHOLESALE TRADE. TOW SERVICE. AN ESTABLISHMENT THAT PROVIDES FOR THE REMOVAL AND TEMPORARY STORAGE OF VEHICLES BUT DOES NOT INCLUDE DISPOSAL. SALVAGE, DISASSEMBLY OR ACCESSORY STORAGE OF INOPERABLE: VEHICLES. Section 3: Section 26-123 of the Code is amended to delete the following definitions: Afat:lflfaet61F8, 1Jasi6. Tl:le fiF&t epeFatien er eperatiene wl:liel:l tFansfeRR a material trem ita FaW state te a feAR suitable fer fabrieatien preee88ing. Afat:lflfaeti:IFillg, presessilfg, waFelfefiSilfg. Instruments ef prefessienal, seientifie, pl:letegrapl:lie, eptieal and etl:ler similar uses; eleetrieal mael:linery, equipment and supplies; fewntain and betteFage dispensing equipmeRt; plyneed furniture and similar • .. ·.,eed predueta; email items, auel:l ae teya, eleeke, jewelry, feuntain pena, peneils and plaatie predueta; tFaRspertatien equipmeRt; sandy; feeds (preeeaeing anEIIer eanning); glass and glaea predueta; etl:ler similar uaes. Section 4: The Table of Uses for Commercial and Industrial Zone Districts in Section 26- 204 of the Code is amended to read: Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 1-E Adult entertainment In accordance with Wheat Ridge p p p establishments Code of Laws, Chapter 3 Ambulance services p p p p Amusement parks s p p Animal veterinary With outside runs; no cremation p p hospitals and clinics Animal veterinary Where there are no outside pens or s p p p p Uses Notes NC RC C-1 C-2 1-E hospitals or clinics runs for doos; no cremation Antique stores In NC & RC Districts: Provided that s p p p p 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 p p p and 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 See§ 26-628 s s s light-duty truck sales and rental Automotive parts p p p and supplies sales Bail bonds See Footnote 2 . See§ 26-634 for p p businesses distance requirements Bakeries, retail See Footnote 1 s p p p p Banks, loan and See§ 26-633 p p p p p finance offices Bed and breakfast Subject to requirements set forth in p p p p p homes § 26-608 Bicycle stores See Footnote 1 s p p p p Blueprinting, EXCLUDING : Large printing, s p p p p photostatic copying publishing and/or book binding and other similar establishments reproduction services See Footnote 1 Boat, recreational See§ 26-628 s s s vehicle and trailer sales, rentals and service Uses Notes NC RC C-1 C-2 1-E Body art s s s s establishments p Book stores, See Footnote 1 s p p p p stationery and card stores Building OR See§ 26-629 s p p LANDSCAPE contractor's service shop and storage yard incidental to an office/showroom principal use. Business machine See Footnote 1 s p p p p or computer stores Butcher shops and EXCLUDING: Food processing p p p food lockers 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 for caretaker or p p p p manager Carpet cleaning and s fumigating CaFtiRg, express, TEMPORARY STORAGE MEANS s l:lauliRg er eterage THE STORAGE OF VEHICLES yaF4 THAT HAVE BEEN TOWED 1 TOW SERVICE CARRIED 1 OR HAULED FOR WITH TEMPORARY IMPOUNDMENT AND SHALL STORAGE YARD .NOT INCLUDE THE PERMANENT STORAGE OF OPERABLE OR INOPERATIVE AUTOMOBILES 1 THE STORAGE OF AUTOMOBILE PARTS 1 OR THE REPAIR OR RECYCLING OF AUTOMOBILES. Car wash, automatic s p p Car wash, coin s p p operated Caterers p p p Day care center, p p p large Uses Notes NC RC C-1 C-2 1-E Day care center, p p p small Clinics and offices C-1, C-2 & 1-E INCLUDE: s p p p p for the counseling Residential facilities. and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse clinics NC & RC EXCLUDES: Residential facilities ALL districts INCLUDE: Counseling and treatment for alcoholism Cold storage plant p p Commercial s p p machine shops Community e.g.: YMCA's, YWCA's, churches, p p p p p buildings libraries, parks, museums, aquariums and art galleries Construction and See§ 26-629 p p heavy equipment sales, service, rental and storage CONTRACTOR'S s 1PLANT (INCLUDING BUT NOT LIMITED TO CONCRETE PLANT1 ASPHALT PLANTI BRICK PLANTI OR 'LUMBER MILL\ Contractor's plaRt SEE§ 26-629 5 eF storage yard p (OUTDOOR STORAGE YARD WITH NO MAIN BUILDING} Dairy products See Footnote 1 s p p p p stores Day care center and p p p preschools, large Uses Notes NC RC C-1 C-2 1-E Day care center and p p p preschools, small Department or p p p variety 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 &leetFieal MeteM a anEI aRRatwFe o ...I~ ·-.L &leetFieal ewppliee &XCbUgiNG: CenvaeteM p p p anEI eePViee ... _. ENERGY s PRODUCTION. RENEWABLE Equipment rental Subject to § 26-628; in RC District: p p p p agencies Outside storage and display prohibited Exterminators p p p p Farm equipment See§ 26-628 AND§ 26-631 p p sales, service and storage Farmers• markets Submittal to community p p p p p development department required. See§ 26-635 Floral shops See Footnote 1 s p p p p Furniture stores p p p Garden supply See Footnote 1 s p p p p stores Gift, novelty or See Footnote 1 s p p p p souvenir stores Golf courses INCLUDES: Private clubs, p p p restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Uses Notes NC RC C-1 C-2 1-E 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 quasi-governmental 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 See Footnote 1 s s s p p which 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 p p p improvements supply stores Hotels or motels for There shall be 1,000 square feet of s s s transient occupancy gross lot area for each unit Ice plants p p Indoor amusement e.g.: Roller rinks, bowling alleys, p p p Uses Notes NC RC C-1 C-2 1-E and recreational arcades and similar uses enterprises Indoor flea markets PROHIBITED: Outdoor flea p p p 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 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 storage of any p p p building supply materials shall be screened from stores view from adjacent properties and streets -SEE § 26-629 Manufacture of PROVIDED: AR aRtidete e.:istls s vaccines, serums aRd is readily a~aila~le feF ewsh and toxins ~868iR8, 88AIM8 8F leiEiR8i aRd approval of such manufacture is received from the state department of health and the county health department Manufacturing, See § 2& 101;_§ 26-631 and § 26-p p processing, 123, definitions assembly, or light industrial operations Manufacturing, s HEAVY fa~Fi&atieR 8Rd#8F pF86888iRg el&eR&rete .... _ ... Massage therapist See Chapter 11, Article 10 Code of p p p p p Laws for additional restrictions Uses Notes NC RC C-1 C-2 1-E Massage therapy See Chapter 11, Article 1 0 Code of p p p p p center Laws for additional restriction Meat, poultry or See Footnote 1 s p p p p seafood stores Medical and dental Pharmacies and optical stores are p p p p p offices, clinics or accessory use laboratories, excluding substance abuse clinics Medical marijuana p p centers Medical marijuana-p p infused products manufacturers Optional premises p p cultivation operation 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 s p p stations Motorcycle sales See§ 26-628 p p p and service Music stores See Footnote 1 s p p p p Newsstands For the sale of newspapers, p p p p p 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 Paint and wallpaper See Footnote 1 p p p p stores Parking of Subject to § 26-501 C.4 p p p p p automobiles of Uses Notes NC RC C-1 C-2 1-E clients, patients or patrons of adjacent commercial or nonresidential uses Parking of not more See§ 26-619; § 26-123, definitions s s s than 3 commercial 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 shops s Pet stores See Footnote 1 s p p p p Pharmacies s p p p p Picture framing See Footnote 1 s p p p p shops PlwM~iRg aREI iXCbUOINGi Owkleer ateFage 12 p 12 tleatiRg awpply yarEia .... __ .... _ ... ___ Printing, engraving & and other related p production processes Private clubs, social p p p clubs, bingo parlors and similar uses Produce stands See§ 26-636 p p p p p Psychic advisors s s s p and similar uses RECYCLING § s s CENTER OR RECYCLING CQLLECTION STATION RECYCLING § PLANT Research p p laboratories, offices and other facilities for research Uses Notes NC RC C-1 C-2 1-E Residential group p p p p p and nursing homes and congregate care facilities for 8 or fewer 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 uses may be p p p p p existence on extended, enlarged, and/or 3/11/97 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 Conducted entirely within an p s s industrial or enclosed building p p business training, including vocational trade or professional schools Uses Notes NC RC C-1 C-2 1-E Schools: Public; INCLUDES: Those uses commonly s s s p p private colleges and accepted as necessary thereto universities 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; § 26-632 p p work or for making articles, materials or commodities to be sold at retail on the premises Social club In accordance with Wheat Ridge p p p Code of Laws, Chapter 11, Article XI 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 arts, photography, music, drama or dance Substance abuse s s p clinics Tailor, dressmaking p p p p p or clothing alteration shops Taverns, night p p p clubs, lounges, private clubs and bars Television, radio, See Footnote 1 s p p p p small appliance repair and service shops Temporary See§ 26-627 p p p p Christmas tree, produce and bedding plant sales Uses Notes NC RC C-1 C-2 1-E 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, s s s public or private Upholstery shops p p p Urban gardens See§ 26-637 p p p p p Video rentals See Footnote 1 s p p p p Warehousing and See§ 26-631 p p outside storage Warehouse/office M8•iRUIM ~&% tetal 8Fea 88 s p p AND FLEX SPACE 'l.fo&Fef:I8Y88; MiRiMYM 26% 88 tetal 8Fe8 a8 effiee Watch and jewelry p p p p p repair shops WHOLESALE s p p 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. 2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26-634. Commercial and Industrial District Accessoty Notes Uses Accessory buildings and structures See§ 26-625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities PHOTOVOLTAIC IPV\ PANELS AND WIND TURBINES Farmers' markets See§ 26-635 Food services Primarily for the occupants of a building containing a permitted use when located within the same building Produce stands See§ 26-636 Residential uses in commercial zones See & 26-626 Outside storage or display See§ 26-631 Urban gardens See§ 26-637 Key: P = Permitted Principal Uses S = Special Uses Section 5: Section 26-220 of the Code is amended to read: Sec. 26-220. -bight Industrial-EMPLOYMENT District (I-E). ~ Intent and purpose. The intent of this district is TO ALLOW LIGHT INDUSTRIAL AND COMMERCIAL USES THAT SUPPORT EMPLOYMENT. te peFMit the use ef previews Industrial (I) zened preperty fer &&A1A1ersial and light industrial uses. RezeniAI te lndustFial (I) ZeRe OistFist slassifisatieR shall Ret IJe peFIIIitted; hewe~·er, existiRI IRdustFial (I) zeRed preperty Rlay IJe d&'•'&leped aRd used iR aGGerdaRGe with previsieRs set ferth hereiR. B. Development standards. 1. Maximum height. Fifty (50) feet. 2. Minimum lot area. No limitation, provided that all other requirements can be met. 3. Maximum lot coverage. iighty (80) EIGHTY -FIVE (85) percent, with a minimum of w .. -eRty (20) FIFTEEN (15) percent of the lot being landscaped. (See section 26-123 for definition.) 4. Minimum lot width. No limitations, provided that all other requirements can be met. 5. Front yard setback. Fifty (&0) TEN (10) feet minimum. THE 10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-502. 6. Side yard setback. a. Principal permitted and accessory uses: Five (5) feet per story minimum, except as follows: (1) Zero setback where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code. (2) Thirty (30~ TEN (10) feet where adjacent to a dedicated public street. THE 10-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF SECTION 26-505. (3) Where a side yard abuts property zoned residential, or where zoned agricultural and there is a residential USE stFwetuFe withiR tifteeR (11~ feet ef the eeiRIRereial pFepeftl, a ti·Je feet peF stery FIFTEEN (15) FOOT landscape buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required . (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER SIDE YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. Ia. lpeeial Y&esi The IRiRiiRYIR wlidth ef side yar4 shall lae tu"8Rty titJe (21) feet e•eept as felleWJS: (1 ~ ThiFty (30) feet vJheFe adjaeeRt te a dedieated pwlalie street. (2~ letJeRty fitJe (7&) feet w;here a side yaFd alawta pFepeFty ileRed FesideRtial, eF w;heFe ileRed agFiewltwFal aRd theN is a FesideRtial stNetuFe withiR tweRty ti~·e (21) feet ef the iRdwsiFial prepeFty. TheFe shall lae a si• feet high selid deeeFatitJe wall eF feRae aRd teA (10) feet ef laRdseapiRI adjaeeRt te the pFepeftr liRe. (3) WheFe a side yaFd alawta a railread Fight ef way, Re side yar4 setlaaek shall lae FeqYiFed. 7. Rear yard setback. a. Principal permitted and accessory uses: Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter, except as follows: (1) Any rear yard which abuts a public street shall have a minimum setback of tifteeR (11) TEN (10) feet for all structures . (2) Any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (3) Where a rear yard abuts property zoned residential, or where zoned agricultural and there is a residential USE stFwetwFe withiR tifteeR (1 &) feet ef the eeiRIRereial prepeFty, a FIFTEEN (15) FOOT landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. (4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL USES, MAY BE REQUIRED TO MEET GREATER REAR YARD SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT REVIEW PROCESS. Ia. Speeial usee: The MIRiMWM depth ef a rear yard shall Ita tweRty (20) feet exeept aa fellew.ta: (1) Thirty (30) feet where adjaeeRt te a dedieatad pulalie street. (2) Se,.•Rtv fi,.-. (71) feet where a aide yard alauta preperty aeRed reaideRtial, er \\'here zeRed agrieultural aRd there ia a reaideRtial atAieture withiR t\veRty fi•Je (21) feet ef the iRduatrial preperty. There shall lite a six feet high aelid deeeratitJe wall er feRae a Ad taR (1 0) feet ef laRdaeapiRg adjaeeRt te the preperty liRa. (3) Where a rear yard alauta a railread Aght ef way, Re rear yard setllaek shall Ita re-.wired, 8. Parking requirements. See section 26-501 9. Landscape requirements. See section 26-502 10. Fencing requirements. See section 26-603 11. Sign requirements. See article VII. 12. Streetscape and architectural design guidelines. See Architectural and Site Design Manual and Streetscape Design Manual, section 26-224 13. OUTDOOR STORAGE. MERCHANDISE, MATERIAL OR STOCK MAY NOT BE STORED IN THE FRONT OF BUILDINGS. OUTDOOR STORAGE MAY ONLY OCCUR WITHIN THE SIDE OR REAR YARDS AND MUST BE COMPLETELY SCREENED FROM ADJACENT PROPERTIES AND STREETS BY A SIX-FOOT 'HIGH OPAQUE WALL OR FENCE IN ADDITION TO TREES TO BE PLACED AT THIRTY-FOOT INTERVALS. MERCHANDISE. MATERIAL OR STOCK SHALL NOT BE STACKED TO A HEIGHT GREATER THAN THAT OF THE SCRI!ENING WALUFENCE. Section 6: Section 26-301.8 of the Code is amended to read : B. Applicability. On and after the effective date of this chapter as set forth in section 26- 1003, all applications for a zone change shall be to a planned development district where any one (1) of the following conditions exist: 1. An application for a zone change to any commercial district, with the exception of a rezoning to any mixed use district OR TO THE INDUSTRIAL-EMPLOYMENT ZONE DISTRICT, for properties of any size. 2. An application for a zone change to any iR.twelFial, residential or agricultural district for property over one (1) acre in size, or for which an applicant owns adjacent property which, taken together with the property that is the subject of the application, totals more than one (1) acre. Section 7: Section 26-502.D.3 of the Code is amended to read: 3. Nonresidential uses: a. Required within the minimum building setbacks abutting public rights-of-way: One (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in the Streetscape Design Manual (see section 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (1 0) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Required landscaped areas shall be as follows: (1) IN COMMERCIAL ZONE DISTRICTS. ~.landscaping shall not be less than twenty (20) percent of the gross lot area. IN THE INDUSTRIAL-EMPLOYMENT ZONE DISTRICT. LANDSCAPING SHALL NOT BE LESS THAN FIFTEEN (15) PERCENT OF THE GROSS LOT AREA. (2) On any nonresidentially zoned property abutting 44th Avenue, 38th Avenue, Kipling Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Sheridan Boulevard, or 1-70 frontage roads, a landscaped area measuring ten (1 0) feet from the edge of the right-of-way is required for the entire length of the property abutting these roadways, except for curb cuts. This area may be used to meet the other area requirements. This requirement may be waived by the community development director where build-to requirements from a mixed use zone district or the Architectural Site Design Manual apply. Section 8: Section 26-604 of the Code is amended to read: Section 26-604. Storage of flammable liquid or gases. No aboveground storage of flammable liquids or gases in excess of two thousand (2,000) gallons shall be permitted in any district other than the industrial-EMPLOYMENT district unless approved as a special use and in conformance with the Uniform Fire Code and other applicable laws. Section 9: Section 26-624.A of the Code is amended to read: A. As permitted in various zone districts (see section 26-204): 1. Bulk storage or piles of materials must be screened from view of adjacent properties by a view-obscuring fence six (6) feet in height; 2. In Agricultural Use Districts (A-1 and A-2), bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty-five (25) feet to side or rear lot line; 3. In restricted commercial, commercial and industrial-EMPLOYMENT use districts, bulk storage or piles of such materials shall not be permitted within a front yard setback and shall be no closer than twenty-five (25) feet to a side or rear lot line which abuts residentially or agriculturally zoned property. Section 10: The heading for Chart 2 in Section 26-710 is amended to read: TABLE 4 ~· SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL, AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, 1-E, MU-C, MU-C TOO, MU-C Interstate, MU-N) Section 11: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 12: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 13: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, October 8, 2012 at 7:00p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by avoteof_8_to_o_,this 8th dayof October ,2012. SIGNED by the Mayor on this 8th day of October , 2012. Je rry ATTEST: First Publication: September 27, 2012 Second Publication: october 11. 2012 Wheat Ridge Transcript Effective Date: October 26. 2012