HomeMy WebLinkAboutOrdinance-1984-0590CORRECTIVE ORDINANCE
INTRODUCED BY COUNCILMEMBER SNOW
ORDINANCE NO. _r;c n
Series of 1984
TITLE: AN ORDINANCE AMENDING SECTIONS 10, 12, 20, 21, and 23
OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE RELATING TO HEIGHT AND DENSITY LIMITATIONS AND
THE AUTHORITY OF THE CITY COUNCIL TO VARY STANDARDS
AND LIMITATIONS, AND AMENDING SECTION 28 OF APPENDIX h
TO AMEND THE DEFINITION OF "FAMILY", ALL TO ACHIEVE
COMPLIANCE WITH THE WHEAT RIDGE HOME RULE CHARTER AS
AMENDED BY THE VOTERS OF THE CITY OF WHEAT RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 10.D.1., of Appendix A of the Code of Laws of
the City of Wheat Ridge is hereby repealed and reenacted as follows:
"Section 10., D. Area regulations: 1. Area of lot. For
every multi-family building or structure erected or
structurally altered there shall be provided a minimum
gross lot area of Twelve Thousand Five Hundred (12,500)
square feet and a minimum area of Two Thousand ONE HUNDRED
(2,100) square feet for each family unit constructed
thereon. For every two-family dwelling erected or
structurally altered, there shall be a minimum gross
lot area of Nine Thousand (9,000) square feet. For every
one-family dwelling erected or structurally altered
there shall be a minimum lot area of seven thousand five
hundred (7,500) square feet."
Section 2. Section 12.B. and 12.C. of Appendix A of the Code of
Laws of the City of Wheat Ridge is hereby repealed and reenacted
as follows:
"Section 12., B. Use Regulations. Planned Residential
Developments of any nature - private, public or quasi-
public - either as a single use or in combination may be
permitted. Such development shall be under unified control
whether by individual, corporate, or associate ownership,
or by acceptable agreements as approved by the City Attorney.
Development may include commercial development if approved
by the City Council, provided said commercial uses do not
exceed 10% of the gross lot area.
LAND USED FOR COMMERICAL USES SHALL BE CALCULATED SEPARATELY,
AND MAY NOT BE INCLUDED IN THE LAND AREA USED TO CALCULATE
THE MAXIMUM OF 21 UNITS PER ACRE MANDATED BY THE WHEAT RIDGE
HOME RULE CHARTER. TO ENSURE THIS, WHERE COMMERCIAL USES ARE A
PART OF A PLANNED RESIDENTIAL DEVELOPMENT, THE AREA USED FOR
COMMERCIAL PURPOSES SHALL BE CLEARLY DELINEATED ON THE
PLAN, INCLUDING AREAS USED FOR PARKING, INGRESS, EGRESS,
LANDSCAPING, ETC. IF THE COMMERCIAL USES ARE PART OF A
GENERALLY RESIDENTIAL BUILDING, OR FOR OTHER REASONS CANNOT
BE CLEARLY SEPARATED FROM THE RESIDENTIAL AREAS, THE LAND
ATTRIBUTABLE TO THE COMMERCIAL USE SHALL BE CONSIDERED TO
BE THE BUILDING SQUARE FOOTAGE OCCUPIED BY COMMERCIAL USES,
THE REQUIRED PARKING, AND A PROPORTIONATE SHARE OF THE COMMON
AREAS SUCH AS INGRESS-EGRESS, LANDSCAPING, ROADWAYS, ETC.
COMMERCIAL VENTURES SOLELY FOR THE USE OF THE RESIDENTS,
SUCH AS PAID FOOD SERVICE, LAUNDRY FACILITIES ETC., SHALL
BE CONSIDERED AN AMENITY RATHER THAN A COMMERCIAL USE,
AND THE LAND AND BUILDINGS OCCUPIED BY SUCH USES DO NOT
HAVE TO BE SUBTRACTED FROM THE TOTAL ACREAGE BEFORE
COMPUTING THE MAXIMUM OF 21 UNITS PER ACRE.
ORDINANCE NO. 590
PAGE TWO
Section 12., C. General Regulations. Height, AREA
REGULATIONS, setback, access, screening of service areas
and all other requirements for a eextrelled area regulatiex
PLANNED RESIDENTIAL DEVELOPMENT shall be considered for the
overall site with regard to those limitatiexs STANDARDS
established en FOR similar uses in other Wheat Ridge zoning
districts. Variatiess to these standards may be appreved
by Gity Eeunell whiek may selve preblems within the prepesed
resexinEj area, THE CITY COUNCIL MAY APPROVE LESS OR MORE
STRINGENT STANDARDS WHICH PROMOTE COMPATIBILITY WITH ADJACENT
AREAS OR SOLVE PROBLEMS WITHIN THE AREA PROPOSED FOR REZONING:
HOWEVER, THE CITY COUNCIL MAY NOT APPROVE BUILDINGS OVER 35
FEET IN HEIGHT."
THIS SECTION SHALL NOT BE USED MERELY TO CIRCUMVENT THE
ABSOLUTE STANDARDS OF OTHER SIMILAR USES. THE PROBLEMS THE
VARIANCE TO STANDARDS IS EXPECTED TO SOLVE AND THEIR SUGGESTED
SOLUTION SHALL BE CLEARLY STATED IN THE CASE PRESENTATION AND
INCLUDED IN THE FINDINGS OF FACT WHICH ACCOMPANY THE REZONING
ORDINANCE.
Section 3. Sections 20.B. and 20.C. of Appendix A of the Code of
Laws of the City of Wheat Ridge are hereby repealed and reenacted
as follows:
"B. Use Regulations: Planned Development of any nature -
private, public or quasi-public - either as a single use or
in combination may be permitted. Such development shall be
under unified control whether by individual, corporate, or
associate ownership, or by acceptable agreements as approved
by the City Attorney. Development may include residential
development if approved by the Planning Eemmissiex CITY
COUNCIL.
WHERE RESIDENTIAL USES ARE PART OF A PLANNED COMMERCIAL
DEVELOPMENT THE LAND USED FOR COMMERCIAL USES SHALL BE
CALCULATED SEPARATELY, AND MAY NOT BE INCLUDED IN THE LAND
AREA USED TO CALCULATE THE MAXIMUM OF 21 UNITS PER ACRE
MANDATED BY THE WHEAT RIDGE HOME RULE CHARTER. TO ENSURE
THIS, WHERE RESIDENTIAL USES ARE PART OF A PLANNED COMMERCIAL
DEVELOPMENT, THE AREA USED FOR COIMERCIAL PURPOSES SHALL BE
CLEARLY DELINEATED ON THE PLAN, INCLUDING AREAS USED FOR
PARKING, INGRESS, EGRESS, LANDSCAPING, ETC. IF THE COMMERCIAL
USES AND RESIDENTIAL USES ARE MIXED IN THE SAME BUILDING, OR
FOR OTHER REASONS CANNOT BE CLEARLY SEPARATED FROM THE
RESIDENTIAL AREAS, THE LAND ATTRIBUTABLE TO THE COMMERCIAL USE
SHALL BE CONSIDERED TO BE THE BUILDING SQUARE FOOTAGE OCCUPIED
BY COMMERCIAL USES, THE REQUIRED PARKING, AND A PROPORTIONATE
SHARE OF THE COMMON AREAS SUCH AS INGRESS-EGRESS, LANDSCAPING,
ROADWAYS, ETC. COMMERCIAL VENTURES SOLELY FOR THE USE OF
RESIDENTS, SUCH AS PAID FOOD SERVICE, LAUNDRY FACILITIES, ETC.
SHALL BE CONSIDERED AN AMENITY RATHER THAN A COMMERCIAL USE,
AND THE LAND AND BUILDINGS OCCUPIED BY SUCH USES DO NOT HAVE
TO BE SUBTRACTED FROM THE TOTAL ACREAGE BEFORE COMPUTING THE
MAXIMUM OF 21 UNITS PER ACRE.
C. General Regulations: Height, AREA REGULATIONS, setback,
access, screening of service areas and all other requirements
for a eentrelled area regiAlatien PLANNED COMMERCIAL DEVELOPMENT
shall be considered for the overall site with regard to those
limitations STANDARDS established en FOR similar uses in other
Wheat Ridge zoning districts. Variations to these standards
may be approved by Gity eeuneil whieh may selve preblems within
the prepesed fe-3enincj area- THE CITY COUNCIL MAY APPROVE LESS
OR MORE STRINGENT STANDARDS WHICH PROMOTE COMPATIBILITY WITH
ADJACENT AREAS OR SOLVE PROBLEMS WITHIN THE AREAS PROPOSED FOR
REZONING; HOWEVER, THE CITY COUNCIL MAY NOT APPROVE RESIDENTIAL
BUILDINGS OVER 35 FEET IN HEIGHT OR COMMERCIAL BUILDINGS OVER
50 FEET IN HEIGHT, IN BUILDINGS THAT HAVE BOTH COMMERCIAL AND
RESIDENTIAL USES NO RESIDENTIAL QUARTERS MAY BE APPROVED ABOVE
35 FEET."
ORDINANCE N0. 590
PAGE THREE
Section 4. Section 21.A. and 21.E. of Appendix A of the Code of
Laws of the City of Wheat Ridge is hereby repealed and reenacted
as follows:
"Section 21.,A. Intent and Purpose. The intent of this
district is to permit the establishment of well-designed
industrial developments through the use of an Official
Development Plan, which insures compability with nearby
industrial and non-industrial development. This recognizes
the great variety of land use intensities and environmental
interfaces which are possible in the Industrial District.
The general purposes of this district are as follows:
1. To accomplish compatible development with
adjacent industrial, commercial and/or residential
land uses through proper land use transitions and
buffering techniques.
2. To promote flexibility in design and permit
diversification in the location of structures;
3. To promote the efficient use of land to facilitate
a more economic arrangement of buildings, circulation
systems, land use, and utilities;
4. To preserve to the greatest extent possible the
existing landscape features and to minimize impacts
on other natural features of the site;
5. To provide for more usable space through the
combination and grouping of structures, parking,
loading and storage areas;
6. To combine and coordinate architectural styles,
building forms and building relationships within
the planned developments; and
7. To insure a quality of construction commensurated
with other development within the city.
Where Planning Commission and City Council determine that
it is in the best interest of the City, established standards
for height-{See..-217-E} or area regulations (Sec. 21, F)
may be varied, thus providing flexibility in design. It is
intended to allow the optimum use of a site while encouraging
innovation in design and site utilization by providing for
the ability to vary certain said standards so long as the
overall average for any particular standard varied meets
or exceeds the minimum requirements.
Section 21.,E. Height Regulation. 1. No building shall
exceed fifty (50) feet in height, exeept-ae-pied}~3ed-€e-}A
Pa~ac~rapk-A---IrF-eeHeider}nc~-t,a~pipF}-sa}c4-he}gkt-}im}€at}eK
te-perFx}t-hiEjher-straetures-ef-pert}ens-e£-9true ture9;
P}a~Fn€ne~-ceFxFaies}en-and-cite-cesne}}-ska}}-#xstF~e-tkat-tke
average-He}gkt-e€-tkFe-str~FettFre-e~-st~tFettFres-deer-net-exeeed
€}€ty-{yg}.-€eet--al3d-tk~at-tke-exte~~Fa}-a€€eet-e€-axy-sxeH
h}gHer-strtFetnre-er-strr~ettiree-es-p~eree}tee3-by-e#te-13ne
€reFn-any-ael3aeerFti-preperty-}ire; -ska}}-13et-exeee~i-#.he
equivalext-e€-a-€ifty€eet-hicjh-struetxre-at-FRInimum
setbael~-€reFF~-stFeH-prepe>: Ey-}}rFe{s} .
ORDINANCE NO. 590
PAGE FOUR
Section 5. Section 23.B., of Appendix A of the Code of Laws
of the City of Wheat Ridge is hereby repealed and reenacted as
follows:
"Section 23.,B. Height regulation: 1.
emeeeg a height e€ e }t~ 89 feet.- NO
BUILDING SHALL EXCEED A HEIGHT OF FIFTY
MAY EXCEED SIXTY-FIVE (65) FEET, BUT IN
STORIES ABOVE GRADE; HOWEVER, ADDITIONS
EXISTING AS OF THE DATE OF ENACTMENT OF
BUILT TO A HEIGHT NOT TO EXCEED THE HEI
BUILDING."
Ne huildixg shall
COMMERCIAL OR OFFICE
(50) FEET. NO HOSPITAL
NO EVENT MORE THAN SIX
ATTACHED TO HOSPITALS
THIS ORDINANCE MAY BE
GHT OF THE EXISTING
Section 6. Section 28.,A.10.. of Appendix A of the Code of Laws
of the City of Wheat Ridge is hereby repealed and reenacted as
follows;
"Section 28.,A., 10. Family. One or more persons related by
blood, marriage, or adoption plus domestic servants employed
for service on the premises, or a group of not more than
three (3) persons who need not be so related living together
as a single housekeeping unit.
FOR THE PURPOSE ONLY OF COMPUTING THE MAXIMUM ALLOWABLE
DENSITY OF 21 UNITS PER ACRE PROVIDED FOR IN THE WHEAT
RIDGE HOME RULE CHARTER, THE FOLLOWING SHALL APPLY: IF
A SINGLE HOUSEKEEPING UNIT IS DESIGNED FOR THE USE OF MORE
THAN THREE UNRELATED PERSONS, SUCH AS, BUT NOT LIMITED
TO, THE HANDICAPPED OR ELDERLY, EACH THREE PERSONS IN ANY
SUCH UNIT SHALL CONSTITUTE ONE FAMILY UNIT."
Section 7. 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'pr_omulgated
fbr 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 8. 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 jurFpidiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 9. This ordinance shall take effect
day(s after final publication.
15
INTRODUCED, READ AND ADOPTED on first reading by a vote of
8 to 0 on the 27th day of AUGUST ,
1984, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for October 22, 1984 ,
1984, at_7-.10 . at Chatnbers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1 this 22nd day of
9eteber , 1984.
SIGNED by the Mayor on this 23rd
October
ATTEST:
Wanda Sang, City C k
1984.
Frank Stites, Mayor
day of
ORDINANCE NO.
- PAGE FIVE
APPROVED AS TO FORM BY THE OFFICE OF
CITY ATTORNEY
S, City Attorney
1st Publication: August 30, 1984
2nd Publication: October 25, 1984
Wheat Ridge Sentinel
Effective Date: November 9, 1984
Corrective Ordinance published: March 21, 10,85
Page Two, Section C. - line 3 - now reads "Planned Commercial Development" instead
of "Planned Residential Development".