HomeMy WebLinkAboutOrdinance-1986-0682INTRODUC'Fn Rv rnTTNrTT.MRMRFR TORNSON
Ordinance No. 682
Series of 1986
TITLE: AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE BY ADDING THERETO SECTION 27(K)
OVERLAY ZONE, WHICH PROVIDES FOR CREATION OF AN OVERLAY
ZONE RELATING TO ALL AREAS DESIGNATED AS "MULTIPLE USE
AREAS" AND "ACTIVITY CENTERS" ON THE COMPREHENSIVE
DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE, AND
SPECIFICALLY AUTHORIZING THE CITY COUNCIL TO LIMIT USES
WITHIN SAID MULTIPLE USE AREAS AND ACTIVITY CENTERS.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Appendix A of the Code of the Laws of the City
of Wheat Ridge is hereby amended by adding the following Section
27(K), overlay Zone.
Section 27(K). Overlay Zone
1. Purpose. This Section 27(K) is enacted for the purpose
of regulating the uses of property, and the design and the
development criteria applicable to properties, within areas
designated as a "multiple use area" and/or an "activity center"
within or upon the Comprehensive Development Plan of the City of
Wheat Ridge. Because the Comprehensive Development Plan defines
"multiple use" as including "a mix" of residential, office, and
retail/commercial uses, and because "activity centers" constitute
properties of significant development potential, some of which
uses and developments may be incompatible with neighboring or
adjoining properties and/or uses, imposition of design standards,
and the authority, in certain cases, to limit uses otherwise
provided in underlying zoning districts, is deemed necessary and
proper by the City of Wheat Ridge in order to maintain the right
and authority of the City to provide for orderly and necessary
development while being sensitive and responsive to the
legitimate needs and concerns of surrounding and adjoining
property owners and .residents.
2. Within any area designated as a multiple use area or an
activity center upon the Comprehensive Plan, site plan approval
shall be required prior to final approval of any rezoning, final
development plan, or special use permit. The Planning Commission
and the City Council shall review site plans and proposed uses
within said areas so as to determin, that such uses as proposed, and
design criteria within such developments as proposed, are
compatible with other uses made, and design criteria utilized,
within the neighborhood and the surrounding area. Uses provided
for in underlying zone districts may be limited, modified, or
eliminated, and/or additional design criteria may be imposed upon
the expressed finding by the Planning Commission and/or City
Council, based upon evidence deemed persuasive by the City
Council and adequately appearing in the record of a public
hearing before either the City Council or the Planning
Commission, that the uses limited, or the design criteria
modified, are incompatible with uses made upon surrounding
properties; or that such uses as proposed would create excessive
traffic, noise or air pollution; or that such uses or project
design would result in a density or intensity of use which would
be deleterious to the stability and integrity (both economic and
esthetic) of the surrounding area. Nothing contained herein
shall divest any property owner of any uses by right granted by
underlying zone districts or existing by virtue of zoning on
property as of September 1, 1986, except upon review of
rezonings, final development plans, and special use permits as
specified herein; provided further that nothing contained herein
shall require submission of a site plan prior to the development
of single family residential units in any area which carries a
zoning designation of Rl, R1A, R1B, R1C, or R2.
Section 2. 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 3. 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 4. This ordinance shall take effect 15 day(s)
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
reading by a vote of 6 to 2 this 8th day of September
1986.
SIGNED by the Mayor on this 9th day of September
1986.
2
Frank Stites, Mayor
ATTEST:
Wanda Sang, City 9'1erk
1st Publication: 8/28/86
2nd Publication: 9/11/86
Wheat Ridge Sentinel:
Effective Date: 9/26/86
APPROVED AS,TO FORM BY
OFFICE OF eiTY ATTORNEY:
John E.' Hayes'
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