HomeMy WebLinkAboutOrdinance-1981-0468I14THODUCED BY COUNCILMEMBER DAVIS
ORDINANCE NO. 468
Series of 19$1
TITLE: AN ORDINANCE AMENDING SECTIONS 162 17, 18, 19, AND
27.2 OF APPENDIX A, ZONING ORDINANCE OF THE CODE
OF THE CITY OF WHEAT RIDGE, COLORADO, WHICH
PERTAIN TO LANDSCAPING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 16, D.9 of Appendix A, Zoning Ordinance
of the City of Wheat Ridge, Colorado, is hereby deleted.
Section 2. Section 17, D.9 of Appendix A, Zoning Ordinance
of the City of Wheat Ridge, Colorado, is hereby deleted.
Section 3. Section 18, D.9 of Appendix A, Zoning Ordinance
of the City of Wheat Ridge, Colorado, is hereby deleted.
Section 4. Section 19, D.9 of Appendix A, Zoning Ordinance
of the City of Wheat Ridge, Colorado, is hereby deleted.
Section 5. Section 27.2, C.2 of Appendix A, Zoning
Ordinance of the Code of Wheat Ridge, Colorado, is hereby
amended to read as follows:
"If the lot area used for parking is placed between the
public right-of-way and the structure(s), a screening
of the parking area shall be established between the
right-of-way and the parking area. This view obscuring
screen shall be at least 36 inches but not to exceed 42
inches high and may be composed of live plantings,
berms, or artificial structures as approved by the
Planning Division."
Section 6. Section 27. 2, C.5 of Appendix A, "Zoning Ordinance
of the Code of Wheat Ridge, Colorado, is hereby amended to
read as follows :
"Landscaping shall be installed only on the property or
portion of property to be developed or for which a
building permit is applied. For properties with
existing development, landscaping in addition to
existing landscaping shall be required on a percentage
basis determined either according to square footage
added, remodeled, or altered, or value added to the
premises by proposed improvements, whichever is higher,
up to the maximum required for that district. Existing
valuation and valuation of proposed changes shall be
based on Uniform Building Code valuation tables. In
cases where lot development character makes it
impossible to meet the percentage requirements for any
particular yard due to location of structures or
required parking, Planning Commission may approve a
transfer or waiver of the requirements of affected
areas to other areas of the site, provided however that
the general intent of the landscape section is met.
Wherein the application of this ordinance would result
in the loss of required parking spaces, the provisions
of this subsection shall be waived by the Community
Development Department without the necessity for a
public hearing .
Section 7. Section 27.2, D.3(d) of Appendix A, Zoning
Ordinance, of the City of 'Wheat Ridge, Colorado, is hereby
amended to read as follows:
-2 -
"(d) Required landscaped areas shall be as follows:
(1) A minimum of ten percent (100) of any required
yard (setback) not fronting a public street, if
used for parking or surfacing, shall be
landscaped.
(2) A minimum of five percent (50) of any required
yard (setback) not fronting a public street, if
not used for parking or surfacing, shall be
landscaped.
(3) Provided that all such landscaping shall not
be less in total than ten percent (100) of the
gross lot area. An area of not more than three
(3) feet of street right-of-way may be included
in calculating the minimum 100 requirement if
intended to be landscaped.
(4) Nothing contained in this section shall
prohibit any landowner from landscaping in excess
of the minimum requirements stated herein."
Section 8. Section 27.2, D.3(e) of Appendix A, Zoning
Ordinance, of the City of Wheat Ridge, Colorado, is hereby
amended to read as follows:
"On any nonresidential property abutting 44th
Avenue, 38th Avenue, Kipling Street, Wadsworth
Boulevard, Youngfield Street, a landscaped area
measured 10 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."
Section 9. 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 10. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application
thereof to any person or circumstances shall for any reason
be adjudged by a court of competent jurisdiction invalid,
such judgment shall not affect, impair or invalidate the
remainder of this ordinance or its application to other
persons or circumstances.
Section 11. This ordinance shall take effect 1 day after
final publication.
INTHODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 2 on this 27th day of July , 1981; 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 August 24 , 1981, at 7:30 o'clock
p.m., at Council Chambers, 7500 West 29th Avenue; Wheat
Ridge, Colorado.
Postponed at City Council Meeting of August 24th to
September 28, 1981.
ORDINANCE NO.~ 468
PAGE -3-
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 5 to 2 , this 28th day of September , 1981.
SI(,NED by the Mayor on this day of
1981.
FRANK STI7°~S, MAYOR
ATTEST
Carol aMDL,' it jerk
`L
1st Publication July 30, 1981
2nd Publication Oct. 8. 1981
Wheat Ridge Sentinel
Effective Date Oct,
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY-
cy-
::774
C:
t1
Z7 I
cii
C )