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HomeMy WebLinkAboutOrdinance-1986-0680INTRODUCED BY COUNCIL MEMBER KELLrR ORDINANCE NO. 680 Series of 1986 TITLE: AN ORDINANCE AMENDING CHAPTERS 18, 19, AND 27.1 OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO THE REGULATION OF MAJOR VEHICLES, TRUCK TRACTORS, AND SEMI-TRAILERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 18. Commercial-One District, Subsection B. Special Uses.l.d. is hereby changed to read as follows: d. Parking of more than three (3) commercial truck tractors and/or semi-trailers on any parcel or lot wherein such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of 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 point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck tractors and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non-commercial use of such truck tractors and/or semi-trailers. Parking lot design shall meet the standards for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. 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. e. When used in Section 1.d. of this subpart 18.B., the following words shall have the following meanings: 1. '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. 2. 'Semitrailer' means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. f. Any property upon which a Special Use Permit is granted pursuant to subpart (d) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck tractors and/or semi-trailers thereon. It shall be a violation of this Code of Laws for any commercial truck tractor and/or semi-trailer to be parked or stored upon property not so posted. Any commercial truck tractor and/or semi-trailer parked in violation of the provisions hereof shall be subject to 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. ORDINA14CE NO. 680 PAGE 2_ Section 2. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 19. Commercial-Two District, subsection B. Special Uses. 1.c., is hereby changed to read as follows: C. Parking of more than (S)truck tractors, commercial truck tractors and/or semi-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 and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non-commercial use of such truck tractors and/or semi-trailers. Parking lot design shall meet the standards for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. 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 u. Compatibility with adjacent land uses, and proposed methods of assuring compatibility , such as screening, landscaping, setback, or orientation. d. When used in Section 1.c. of this subpart 19.8., the following words shall have the following meanings: 1. '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. 2. 'Semi-trailers' means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such trues tractor and which is generally and commonly used to carry and transport property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. e. Any property upon which a Special Use Permit is granted pursuant to subpart 1.c. hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck tractors and/or commercial semi-trailers thereon. It shall be a violation of this Code of Laws for any commercial truck tractor and/or semi-trailer to be parked or stored upon property not so posted. Any truck tractors and/or commercial semi-trailers 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. ORDINANCE N0. 680 PAGE 3 Section 3. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 27.1, Off-Street Parking Requirements, subsection A.20. is hereby repealed in its entirety, and replaced by the following: 20. Parkinff of Truck Tractors and Semi-Trailers a. It shall be unlawful for any person to park or store, or allow the parking or storing of, truck tractors or semi-trailers upon any property located and situated within the City of Wheat Ridge,or upon any dedicated public street or road, or private street or road, or public right-of-way or easement or park within the City of Wheat Ridge except as hereinafter specified. b. Notwithstanding the foregoing provisions, the following exceptions apply to the provisions of this Section 27.1(A) (20): Any truck tractor or semi-trailer in immediate and active use, or in the process of actively being loaded or unloaded. 2. Any truck tractor or semi-tractor parked in or upon property on which a Special Use Permit is granted authorizing the parking of commercial truck tractors and/or semi-trailers pursuant to Sections 18(B)(1) (d) and 19(B)(1)(c) of Appendix A of the Code of Laws of the City of Wheat Ridge, or any major vehicle parked at the truck stop located at the northeast corner of West 44th Avenue and the I-70 eastbound on-ramp. 3. Any truck tractors and/or semi-tractor trailers authorized pursuant to Sections 14(A) (16) and 15(A) (18) of Appendix A of the Code of Laws of the City of Wheat Ridge. 4. Any track tractor and/or semi-trailer parked or stored upon property wherein the use or storage of said vehicle is related to the transportation needs of the business conducted on said property. 5. No provision of this Section 27.1(A) (20) shall apply upon state highways within this municipality. C. Enforcement. Notwithstanding any other provision of this Code of Laws of the City of Wheat Ridge, any truck tractor or semi-trailer as defined herein which is parked or stored in violation of the provisions of Section 27.1(A)(20 Ix 21) shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the Chief of Police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by said illegally parked vehicles, and to protect the aesthetic integrity of the various zoned districts and neighborhoods within the City of Wheat Ridge. In addition to the right to tow said illegally parked truck tractors and/or semi-trailers, authority is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements: 1. To defray the cost of enforcement of this provision, a charge of fifty dollars ($50) shall be imposed for the first offense, one hundred dollars ($100) for the second offense, two hundred dollars ($200) for the third offense, and three hundred (.$300) for the fourth or subsequent offenses. ORDINANCE NO. 680 PAGE 4 2. Any person subjected to said administrative charges who objects thereto shall be entitled to either: (a) Have the right to request a hearing before the Chief of Police, which hearing shall be held no less than seventy-two (72) hours after the making of said request; or (b) Have a summons and complaint issued to him directing his appearance in the Wheat Ridge Municipal Court. If found guilty in the Wheat Ridge Municipal Court of violating the provisions of Sections 27.1(A)(20 or 21), or if a guilty plea is entered thereto, the Court shall impose fines as specified in Section 27.1(A)(20) (c)(1) hereof. No vehicle shall be released from storage after towing unless and until all towing and storage charges have been paid, and all administrative charges specified in Section 27.1(A)(20)(c)(1) hereof have been paid, or evidence is presented from the Chief of Police or the Municipal Court that the rights granted under Section 27.1(A)(20) (c)(2) hereof have been invoked. In the event any towing is found to be improper, all costs for towing and storage shall be reimbursed by the City to the owner. Section 4. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 27.1, Off-Street Parking Requirements, subsection A.21. is hereby repealed in its entirety and replaced by the following: 21. Parking Lot Design Standards for Truck Tractors and/or Semi-Trailers Wherein it is desired to park truck tractors and/or semi-trailers as regulated by Section 27.1(A)(20) hereof a parking plan shall be submitted which shows the location, extent, and size of the proposed truck tractor and semi-trailer parking, and which indicates proposed screening, lighting, landscaping, circulation, type of paving, and any other feature which will help Planning Commission, City Council and staff to evaluate the proposal and potential impacts. The following standards shall be used in designing such parking lots: a. Dimensions (1) Tractor Only: Length = 25 feet Width = 12 feet Aisle Width = 28 feet (2) Trailer Only: Length = 40 feet Width = 12 feet Aisle Width = 40 feet (3) Combo Tractor & Trailer: Length 70 feet Width = 12 feet Aisle Width = 40 feet b. All parking and circulation areas shall be paved to acceptable engineering standards with either bituminous concrete, or portland concrete. C. Each parking stall shall be supplied with an electrical outlet to permit vehicles to be connected to electricity while parked. d. Unattended truck tractors shall not be allowed to idle. e. The use of standard automobile parking spaces and/or circulation aisles for truck tractor and/or serni-trailer parking or circulation is prohibited. ORDINANCE NO. 680 PAGE: 5 Section 5. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 27.1, Off-Street Parking Requirements, subsection A. is hereby amended by the addition of the following subsection numoer 22. 22. Parking of Large Recreational Vehicles In residential zone districts motor homes or recreational vehicles, which are either eight (8) feet or more in width or twenty-five (25) feet or more in length, may be parked or stored upon the property of the owner, or if said vehicles are owned by anyone other than the property owner where parked, said motor vehicles or recreational vehicles may be stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two such vehicles are stored on any such lot or parcel at any one time, and provided said vehicles are parked eight feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any motor home or recreation vehicles, such motor home or recreational vehicles may be lawfully parked on a public street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle, for a maximum period of fourteen hours, no more frequently than once in each two-week period. In cases where it is desired to maintain a large motor home or recreational vehicle either within g feet of a public street on private property, or within a lawful parking area on a public street abutting the front of the property in excess of fourteen hours, the property owner may obtain a Temporary Parking Permit from the Community Development Department. Such Temporary Parking Permit shall be for a time period not to exceed 14 days; it shall be conspicuously display on the parked vehicle; and no more than one (1) such permit shall be issued each 6 months for the same property. Section 6. 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 objective sought to be attained. 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, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 8. This Ordinance shall take effect 1 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of August , 1986, 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, September 8 , 1986, 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 ready by a vote of 5 to 3 , this 8 day of September , 1986. SIGNED by the Mayor on this 9th day of September , 1986. r Wanda San;, City, lerk 1st Publication: 8/28/86 2nd Publication: 9/11/86 Wheat Ridge Sentinel Effective Date: 9/12/86 FRANK STITES, MAYOR APPRO',IEB Tll__N RBY CITY ATTORNEY Joh Hayes, City ttorney