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Home My WebLink AboutOrdinance-2001-1233 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 23-2001 Ordinance No. 1233 Series of 2001 TITLE' AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SECTION 26-221.5, ESTABLISHING A NEW ZONE DISTRICT, THE CONSERVATION ZONE DISTRICT, AND IN CONNECTION THEREWITH AMENDING SECTION 26-201 TO ADD SAID DISTRICT TO THE LIST OF ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"). is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of the following Section 26-221.5, which shall read in its entirety as follows' Section 26-221.5 Conservation District. Purpose: This district is established to provide a zoning classification for natural areas held by individuals, corporations CNB\53027\373368 02 -1- or governments, individually or in combination, for natural resource and conservation purposes in an undeveloped state. A. Permitted Uses: Public Property Permitted primary uses for properties owned by the City, the State of Colorado, the United States or by any agency of the same, or any park or recreation district: a. Open space b. Wildlife habitat c. Scenic view corridors d. Riparian habitat e. Underground utility lines f. Perimeter fencing Permitted accessory uses for public properties governed by this subsection A must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: a. hard or soft surface pedestrian or equestrian trails b parking lots and associated driveways and drive aisles, not to exceed fifty (50) parking spaces and in no event closer than 3,000 feet from any other such parking lot c public restrooms d. signs and information kiosks e benches, picnic tables and shelters f. wildlife observation decks and platforms, not including boat docks B. Permitted Uses: Private Property a. Open space CNB\53027\37336802 -2- b. Wildlife habitat c. Scenic view corridors d Riparian habitat e Underground utility lines f. Perimeter fencing Permitted accessory uses for private properties governed by this subsection B must be needed for and clearly accessory to the natural conservation purposes of this zone district and of the specific property Such uses shall include only: a. benches, picnic tables and shelters b. wildlife observation decks and platforms, not including boat docks C. Prohibited Uses: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. D. Special Uses: None. E. Development Standards: Not applicable. F. Minimum Lot Area: 1 acre. G. Additional Requirements: a. Section 15-23 of the Wheat Ridge Code of Laws, entitled "Weed Control" shall not be applicable to properties located within a Conservation District, except for noxious weeds as defined in state statutes Section 2. Section 26-201 of the Wheat Ridge Code of Laws is amended by the addition of the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Conservation District 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 CNB\53027\373368 02 -3- 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. Severability; Conflictin!:l Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 8th day of October , 2001, 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 Novpmhpr ?F. , 2001, at 7:00 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 5 to 4 ,this 26th day of November , 2001. SIGNED by the Mayor on this 27th day of November ,2001. / .."'.~. . . "'"", ~ \. ic:.~j' ,."~..'" '/ . ", -. I '.; ~\.r) _ -.r: f\" \,.1 , t';i , I " ". ' , ,.,~.~..l .,_~I I ..)L' , ~ , {,~ {~""-r Wanda Sang, City Clerk ATTEST: / :tJ First Publication' October 11,2001 Second Publication. November 29, 2001 Wheat Ridge Transcript Effective Date: December 14, 2001 CNB\53027\373368.02 -4- City of Wheat Ridge Planning and Development Department Memorandum /~ ~{O'~' ~\ ~ ~I U MJ ~OR'~/ TO: Plannll1g CommIssIon I FROM: Alan WhIte, Planmng and Development Director WJj SUBJECT: Conservation Zone Dlstnct DATE: May 29. 2001 At the heanng to consIder thIs new zone dlstnct on May 17th, the CommIssIon requested a companson of the PublIc FaCIlItIes and ConservatIon zone dlstncts. The PublIc FaCIlItIes dlstnct IS establIshed to provide a ZOnIng classIficatIOn for propertv devoted to public or quasi-public buildings and facilities, recognIZll1g that such uses are unIque, but should stIli be subject to land use regulatIon. PermItted uses In the dlstnct Include parks, schools and governmental and quasI-governmental bUlldmgs, fire statIOns and publIc utIlIty bUlldmgs wIth no outdoor storage; specIal uses mclude governmental and quasI-governmental bUlldll1gs, fire statIOns and publIc utIlIty bUlldmgs with outdoor storage The Conservation dlstnct IS establIshed to provIde a zOnIng clasSIficatIOn for natural areas held in an undeveloped state by mdlvlduals, corporatIOns or governments for natural resource and conservatIon purposes. PermItted uses are establIshed for publIc and pnvate property and mclude open space, WIldlIfe habItat, scenIC view comdors, and npanan habItat. Accessory uses are allowed only m publIcly held conservation areas and these mclude traIls, parkmg lots, restrooms, sIgns and mformatlon kIosks, and benches and plcmc tables The dl fference m the dlstncts IS 111 the mtent. The ConservatIOn dlstnct IS mtended for areas that are to remam relatIvely undeveloped and used for passIve recreatIOn, wIth only mInImal Improvements such as traIls and benches. Any areas proposed for actIve recreatIOn wIth major Improvements or facIlitIes, such as ball fields or recreatIOn centers, are properly located m the PublIc FacIlItIes dlstnct. Such Improvements are not pern11tted m the ConservatIOn dlstnct. C,MyFlles'WPFiles\CODb':OIlS & pI' dist.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: PlannIng CommISSIOn FROM: Alan WhIte, Plannmg and Development DIrector ~ ConservatIOn Zone Dlstnct SUBJECT: DATE: June 14, 20UI At the heanng to consIder thIs new zone dlstnct on May 17th, the CommIssIon requested a companson of the PublIc FacIlItIes and ConservatIon zone dlstncts. The PublIc FacIlll1es dlstnct IS establIshed to proVIde a ZOnIng classIfication for property devoted to public or quasi-public buildings and facilities. recognIZIng that such uses are umque, but should stIlI be subJect to land use regulation. PermItted uses m the dlstnct mclude parks, schools and governmental and quasI-governmental bUlldmgs, fire statIOns and publIc utIlIty bUlldmgs wIth no outdoor storage; special uses mclude governmental and quasI-governmental buildIngs, fire statIons and publIc utilIty bUlldmgs with outdoor storage. The ConservatIon dlstnct IS establIshed to proVide a zOnIng clasSIficatIOn for natural areas held in an undeveloped state by IndIViduals, corporatIons or governments for natural resource and conservatIon purposes. PermItted uses are establIshed for publIc and pnvate property and mclude open space, WIldlIfe habItat, scenIC vIew corndors, and npanan habitat. Accessory uses are allowed only In publIcly held conservatIOn areas and these mclude traIls, parkIng lots, restrooms, signs and mformatlon kIosks, and benches and pICnIC tables. The dIfference m the dlstncts IS m the mtent. The Conserval1on dlstnct IS Intended for areas that are to remain relal1vely undeveloped and used for passIve recreatIOn, with only mInImal Improvements such as traIls and benches. Any areas proposed for acl1ve recreatIOn WIth maJor Improvements or facIlll1es, such as ball fields or recreatIOn centers, are properly located m the PublIc FacilIties district. Such Improvements are not permItted In the ConservatIOn dlstnct. (' '.Myri]es\\\'PFi\C~\CO()f~\c()ns & pfdist.\\pd