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HomeMy WebLinkAboutOrdinance-1985-0639INTRODUCED BY COUNCILMEMBER KELLER ORDINANCE NO. 639 Series of 1985 TITLE: AN ORDINANCE AMENDING CHAPTER 18 AND 19 OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO ADD THE DEFINITION OF "TRUCK TRACTOR" AND TO REQUIRE APPROVAL OF A SITE PLAN FOR PARKING OF SAID TRUCK TRACTORS IN COMMERCIAL ONE (C-1) AND COMMERCIAL TWO (C-2) ZONING DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: WHEREAS, The City Council of the City of Wheat Ridge has, by Ordinance No. 500, Series of 1982, provided for site plan review of parking of commercial vehicles within the C-1 and C-2 zoned Districts of the City of Wheat Ridge; WHEREAS, a discrepancy has existed between the provisions of said Ordinance 500 and provisions adopted as amendments to the Model Traffic Code, which discrepancy makes uniform enforcement of the respective parking provisions problematic; WHEREAS, the City Council of the City of Wheat Ridge wishes to resolve said discrepancy by adoption of this Ordinance including "truck tractors" as defined in the Model Traffic Code within the category of vehicles subject to review prior to allowable parking within the Commercial one and Commercial two Districts of the City. HOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wheat Ridge, Colorado as follows: Section 1. Section 18(B)(1)(d) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: d. Parking of TRUCK TRACTORS, commercial semi-trailers and trailers on any parcel or lot wherein such vehicles are not related to the transportation needs of the business conducted thereon shall require approval by special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows points of ingress/egress to the site. The intent of this provision is to limit those areas in which TRUCK TRACTORS, semi-trailers and trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of such TRUCK TRACTORS, semi-trailers and trailers. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses, and proposed methods of assuring compatability, such as screening, landscaping, setback or orientation. Section 2. Section 18(B)(1)(e) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Subsection (4) thereof. (4) TRUCK TRACTOR MEANS ANY MOTOR VEHICLE WHICH IS GENERALLY AND COMMONLY DESIGNED AND USED TO DRAW A SEMI-TRAILER AND ITS CARGO LOAD OVER THE PUBLIC HIGHWAYS. Section 3. Section 18(B)(1)(f) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Any property upon which a special use permit is granted pursuant to subpart l.d. hereof shall be conspicuously posted to indicate the authorization for the parking of TRUCK TRACTORS, commercial semi-trailers and trailers thereon. It shall be a violation of this Code of Laws for any TRUCK TRACTOR, commercial semi-trailer or trailer to be parked or stored upon property not so posted. Any TRUCK TRACTOR, commercial semi-trailer or trailer parked in violation of the provisions hereof shall be subject to the provisions of section 11-5 of the Model Traffic Code as enacted and enforced within the City of Wheat Ridge. Section 4. Section 19(B)(1)(c) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Parking of TRUCK TRACTORS, commercial semi-trailers and trailers on any parcel or lot wherein such vehicles are not related to the transportation needs of the business conducted thereon shall require approval by special use permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows points of ingress/egress to the site. The intent of this provision is to limit those areas in which TRUCK TRACTORS, semi-trailers and trailers used in commercial ventures may be parked, and is not intended to apply to any noncommercial use of such TRUCK TRACTORS, semi-trailers and trailers. In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screening, landscaping, setback or orientation. 2 Section 5. Section 19(B)(1)(d) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following subsection (4): (4) TRUCK TRACTOR MEANS ANY MOTOR VEHICLE WHICH IS GENERALLY AND COMMONLY DESIGNED AND USED TO DRAW A SEMI-TRAILER AND ITS CARGO LOAD OVER THE PUBLIC HIGHWAYS. Section 6. Section 19(B)(1)(e) of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (e) Any property upon which a special use permit is granted pursuant to subpart l.c. hereof shall be conspicuously posted to indicate the authorization for the parking of TRUCK TRACTORS, commercial semi-trailers and trailers thereon. It shall be a violation of this Code of Laws for any commercial TRUCK TRACTORS, semi-trailer or trailer to be parked or stored upon property not so posted. Any TRUCK TRACTOR, commercial semi-trailer or trailer parked in violation of the provisions hereof shall be subject to the provisions of section 11-5 of the Model Traffic Code as enacted and enforced within the City of Wheat Ridge. Section 7. 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 application to other persons or circumstances. Section 8. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 9. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 9th day of September , 1985, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 14 1985, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 14th day of Y October 1985. SIGNED by the Mayor on this 15th day of October , 1985. Frank Stites, Mayor ATTEST: Wanda Sang, City CYerk 3 lst Publication: 9/12/85 2nd Publication: 10/17/85 Wheat Ridge Sentinel: Effective Date: 11/1/85 Republished with editorial APPROVED AS TO FORM BY OFFICE,I(~F "CI-TY 7'rPTORNEY: John E. Hayes changes on 10/31/85 4