HomeMy WebLinkAboutOrdinance-2002-1239
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 29-2001
Ordinance No. 1239
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 26-306.5,
ESTABLISHING A NEW PLANNED DEYELOPMENT
ZONE DISTRICT, PLANNED MIXED USE
DEVELOPMENT.
WHEREAS, PURSUANT TO Colorado RevIsed Statutes of SectIOn 23-23-30 I, the CIty
possesses the power to regulate and restnct the use of land wlthm the CIty for the purpose of
promolll1g lhe heallh, safety, morals or general \\oelfare or the commul1Jty; and
WHEREAS, the City has IdentIfied deSIrable future land use In certaIn areas wIthIn the
City as "Mixed Use" In the Streetscape and ArchItectural DeSign Manual, and
WHEREAS, the CIty has regulatIOns pertaInIng to Planned ResIdentIal Development and
Planned Commercial Development Dlstncts, but neIther zone dlstnct has adequate provlslon for
a lrue mIxed use development wlthll1 lhe 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 26-306 5, whIch shall read In ItS entirety as follows.
Section 26-306.5 Planned Mixed Use District
A. Applicablhly' ThIS zone dIstrIct shall be used only In the mIxed use areas shown on the
Slreelscape ClassIficatIOn Map 111 the Streetscape and Archllectural DeSIgn Manual
adopted January 11, 2002, as amended.
B Purpose' ThIS dlstnct IS established to proVIde a ZOnIng classIficatIOn to allow the
Integration of resIdential and commercIal uses and development whIch IS consIstent with
the sUIToundll1g neighborhoods and which meels the ll1lent ofthe ComprehenSive Plan
and lhe ~lreetscape and ArchItectural DeSIgn Manual It IS nol Intended to be used solely
to penmt a higher denSity than allo\\oed In the planned reSIdentIal development (PRDl
dlslnct nor to CIrcumvent other specific standards of the planned reSidential and planned
commerCIal dlstncls. Instead, IllS Intended to creale a zone dIstrIct whIch wIll allow
flexibilIty m use, deSIgn, and onentatlon whIle maXllmZll1g space, commumty Interest
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and protectmg nearby and adJacent reSIdentIal neIghborhoods.
C PerIllltted Uses Pemlltted uses shall be a mixture of reSIdentIal and commercIal uses
governed by approval of the prelimmary development plan.
D Area. No mIl1lmUm,
E Height. MaXImum fifty (50) reet for freestandIng commercIal bUlldmgs only; thIrty-five
(35) feet for slructures contammg commercIal and reSIdentIal uses, thIrty-five (35) feet
for freestandmg reSIdentIal structures
F Lot Coverage No maxImum.
G Density MaxImum of sIxteen (16) UnIts per acre Land used for commercIal uses,
mcludmg parkmg, may not be used to calculate the maxImum of sIxteen (16) UnIts per
acre. I f the commerCIal and reSIdentIal uses are mIxed m the same bUlldmg, the land
attributable to the commerCIal use shall be conSIdered to be one-half (Y2) of the bUlldmg
footpnnt. If the commerCIal and reSIdentIal uses are m separate bUlldmgs, the land
attributable to the commercIal use shall be conSIdered to be the entIre commercIal
bUlldmg footpnnt.
H Landscapmg: No mmllTIUm coverage Landscapmg shall be consIstent WIth SectIon 26-
502
Parkmg Based upon speCIfic use Parkmg shall be consistent With SectIon 25-501
Allowances may be made for shared parkmg spaces If It can be demonstrated to the
satlsfactlOn of the person or approval body desIgnated as havmg final approval authOrIty
that parkmg demand for dIfferent uses occurs at dIfferent tImes.
J Fences and Walls As speCIfically detaIled on the approved final development plan,
otherwIse follow reqUIrements of Secllon 26-603
K. SJgllage As specIfically detaIled on lhe approved final development plan, otherwIse
folio,," relJulrements of Article VII.
Section 2. Safety Clause, The CIty CouncIl hereby finds, deternlll1eS, and declares that
thIS ordmance 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 ordmance IS
necessary for the preservatIOn of health and safety and for the protectIOn of publIc convenIence
and welfare The CIty CouncIl rurther detennmes that the ordmance bears a ratIonal relatIon to
the proper legIslatIve object sought to be attamed.
Section 3. SeverabIlity. If any clause, sentence, paragraph, or part of thIS Zonmg Code
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or the applIcatIOn thereof to any person or CIrcumstances shall for any reason be adJusted by a
court of competent JUrIsdIctIOn 111valId, such Judgment shall not affecl applIcatIOn to other
persons or CIrcumstances.
Section 4. SuperscsslOn Clause. If any proVIsIOn, requlremenl or standard establIshed by
thIS Ordmance IS found to contllct WIth sImIlar proVIsIOns, reqUIrements or standards found
elsewhere m the Code of Laws of the CIty of Wheat RIdge, whIch are m eXIstence as of the date
of adoptIon of thIS Ordmance, the prOVIsIOns, reqUIrements and standards herem shall supersede
and prCVaI 1
Section 5. ThIS ordll1ance shall take effect Immediately upon adoptIon, as permItted by
the Charter
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~
on thiS 10th day of December ,2001, ordered published m fullm a newspaper of general
cIrculatIOn m the CIty of Wheat RIdge and Publtc HearIng and conSIderatIon on final passage set
for January 14 ,2002, at 7 00 o'clock p.m., 111 the CouncIl Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a
vote of ~ to ~,thIS 14th day of January , 200f'
SIGNED by lhe Mayor on thIS J..J...'.:... day. --'--:~<f{I{(~C( 1 ,20 _.,
t' !'
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"",V'LL' C(...
ATTEST I
~~vl~
Wanda Sang, Clty C~k
GE
1st PublIcatIOn. December 13, 2001
2nd PublicatIon January 24, 2002
Wheat RIdge Transcnpl
Effecllve Dale January 14, 2002
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