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HomeMy WebLinkAboutOrdinance-1984-0590CORRECTIVE ORDINANCE INTRODUCED BY COUNCILMEMBER SNOW ORDINANCE NO. _r;c n Series of 1984 TITLE: AN ORDINANCE AMENDING SECTIONS 10, 12, 20, 21, and 23 OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO HEIGHT AND DENSITY LIMITATIONS AND THE AUTHORITY OF THE CITY COUNCIL TO VARY STANDARDS AND LIMITATIONS, AND AMENDING SECTION 28 OF APPENDIX h TO AMEND THE DEFINITION OF "FAMILY", ALL TO ACHIEVE COMPLIANCE WITH THE WHEAT RIDGE HOME RULE CHARTER AS AMENDED BY THE VOTERS OF THE CITY OF WHEAT RIDGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 10.D.1., of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Section 10., D. Area regulations: 1. Area of lot. For every multi-family building or structure erected or structurally altered there shall be provided a minimum gross lot area of Twelve Thousand Five Hundred (12,500) square feet and a minimum area of Two Thousand ONE HUNDRED (2,100) square feet for each family unit constructed thereon. For every two-family dwelling erected or structurally altered, there shall be a minimum gross lot area of Nine Thousand (9,000) square feet. For every one-family dwelling erected or structurally altered there shall be a minimum lot area of seven thousand five hundred (7,500) square feet." Section 2. Section 12.B. and 12.C. of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Section 12., B. Use Regulations. Planned Residential Developments of any nature - private, public or quasi- public - either as a single use or in combination may be permitted. Such development shall be under unified control whether by individual, corporate, or associate ownership, or by acceptable agreements as approved by the City Attorney. Development may include commercial development if approved by the City Council, provided said commercial uses do not exceed 10% of the gross lot area. LAND USED FOR COMMERICAL USES SHALL BE CALCULATED SEPARATELY, AND MAY NOT BE INCLUDED IN THE LAND AREA USED TO CALCULATE THE MAXIMUM OF 21 UNITS PER ACRE MANDATED BY THE WHEAT RIDGE HOME RULE CHARTER. TO ENSURE THIS, WHERE COMMERCIAL USES ARE A PART OF A PLANNED RESIDENTIAL DEVELOPMENT, THE AREA USED FOR COMMERCIAL PURPOSES SHALL BE CLEARLY DELINEATED ON THE PLAN, INCLUDING AREAS USED FOR PARKING, INGRESS, EGRESS, LANDSCAPING, ETC. IF THE COMMERCIAL USES ARE PART OF A GENERALLY RESIDENTIAL BUILDING, OR FOR OTHER REASONS CANNOT BE CLEARLY SEPARATED FROM THE RESIDENTIAL AREAS, THE LAND ATTRIBUTABLE TO THE COMMERCIAL USE SHALL BE CONSIDERED TO BE THE BUILDING SQUARE FOOTAGE OCCUPIED BY COMMERCIAL USES, THE REQUIRED PARKING, AND A PROPORTIONATE SHARE OF THE COMMON AREAS SUCH AS INGRESS-EGRESS, LANDSCAPING, ROADWAYS, ETC. COMMERCIAL VENTURES SOLELY FOR THE USE OF THE RESIDENTS, SUCH AS PAID FOOD SERVICE, LAUNDRY FACILITIES ETC., SHALL BE CONSIDERED AN AMENITY RATHER THAN A COMMERCIAL USE, AND THE LAND AND BUILDINGS OCCUPIED BY SUCH USES DO NOT HAVE TO BE SUBTRACTED FROM THE TOTAL ACREAGE BEFORE COMPUTING THE MAXIMUM OF 21 UNITS PER ACRE. ORDINANCE NO. 590 PAGE TWO Section 12., C. General Regulations. Height, AREA REGULATIONS, setback, access, screening of service areas and all other requirements for a eextrelled area regulatiex PLANNED RESIDENTIAL DEVELOPMENT shall be considered for the overall site with regard to those limitatiexs STANDARDS established en FOR similar uses in other Wheat Ridge zoning districts. Variatiess to these standards may be appreved by Gity Eeunell whiek may selve preblems within the prepesed resexinEj area, THE CITY COUNCIL MAY APPROVE LESS OR MORE STRINGENT STANDARDS WHICH PROMOTE COMPATIBILITY WITH ADJACENT AREAS OR SOLVE PROBLEMS WITHIN THE AREA PROPOSED FOR REZONING: HOWEVER, THE CITY COUNCIL MAY NOT APPROVE BUILDINGS OVER 35 FEET IN HEIGHT." THIS SECTION SHALL NOT BE USED MERELY TO CIRCUMVENT THE ABSOLUTE STANDARDS OF OTHER SIMILAR USES. THE PROBLEMS THE VARIANCE TO STANDARDS IS EXPECTED TO SOLVE AND THEIR SUGGESTED SOLUTION SHALL BE CLEARLY STATED IN THE CASE PRESENTATION AND INCLUDED IN THE FINDINGS OF FACT WHICH ACCOMPANY THE REZONING ORDINANCE. Section 3. Sections 20.B. and 20.C. of Appendix A of the Code of Laws of the City of Wheat Ridge are hereby repealed and reenacted as follows: "B. Use Regulations: Planned Development of any nature - private, public or quasi-public - either as a single use or in combination may be permitted. Such development shall be under unified control whether by individual, corporate, or associate ownership, or by acceptable agreements as approved by the City Attorney. Development may include residential development if approved by the Planning Eemmissiex CITY COUNCIL. WHERE RESIDENTIAL USES ARE PART OF A PLANNED COMMERCIAL DEVELOPMENT THE LAND USED FOR COMMERCIAL USES SHALL BE CALCULATED SEPARATELY, AND MAY NOT BE INCLUDED IN THE LAND AREA USED TO CALCULATE THE MAXIMUM OF 21 UNITS PER ACRE MANDATED BY THE WHEAT RIDGE HOME RULE CHARTER. TO ENSURE THIS, WHERE RESIDENTIAL USES ARE PART OF A PLANNED COMMERCIAL DEVELOPMENT, THE AREA USED FOR COIMERCIAL PURPOSES SHALL BE CLEARLY DELINEATED ON THE PLAN, INCLUDING AREAS USED FOR PARKING, INGRESS, EGRESS, LANDSCAPING, ETC. IF THE COMMERCIAL USES AND RESIDENTIAL USES ARE MIXED IN THE SAME BUILDING, OR FOR OTHER REASONS CANNOT BE CLEARLY SEPARATED FROM THE RESIDENTIAL AREAS, THE LAND ATTRIBUTABLE TO THE COMMERCIAL USE SHALL BE CONSIDERED TO BE THE BUILDING SQUARE FOOTAGE OCCUPIED BY COMMERCIAL USES, THE REQUIRED PARKING, AND A PROPORTIONATE SHARE OF THE COMMON AREAS SUCH AS INGRESS-EGRESS, LANDSCAPING, ROADWAYS, ETC. COMMERCIAL VENTURES SOLELY FOR THE USE OF RESIDENTS, SUCH AS PAID FOOD SERVICE, LAUNDRY FACILITIES, ETC. SHALL BE CONSIDERED AN AMENITY RATHER THAN A COMMERCIAL USE, AND THE LAND AND BUILDINGS OCCUPIED BY SUCH USES DO NOT HAVE TO BE SUBTRACTED FROM THE TOTAL ACREAGE BEFORE COMPUTING THE MAXIMUM OF 21 UNITS PER ACRE. C. General Regulations: Height, AREA REGULATIONS, setback, access, screening of service areas and all other requirements for a eentrelled area regiAlatien PLANNED COMMERCIAL DEVELOPMENT shall be considered for the overall site with regard to those limitations STANDARDS established en FOR similar uses in other Wheat Ridge zoning districts. Variations to these standards may be approved by Gity eeuneil whieh may selve preblems within the prepesed fe-3enincj area- THE CITY COUNCIL MAY APPROVE LESS OR MORE STRINGENT STANDARDS WHICH PROMOTE COMPATIBILITY WITH ADJACENT AREAS OR SOLVE PROBLEMS WITHIN THE AREAS PROPOSED FOR REZONING; HOWEVER, THE CITY COUNCIL MAY NOT APPROVE RESIDENTIAL BUILDINGS OVER 35 FEET IN HEIGHT OR COMMERCIAL BUILDINGS OVER 50 FEET IN HEIGHT, IN BUILDINGS THAT HAVE BOTH COMMERCIAL AND RESIDENTIAL USES NO RESIDENTIAL QUARTERS MAY BE APPROVED ABOVE 35 FEET." ORDINANCE N0. 590 PAGE THREE Section 4. Section 21.A. and 21.E. of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Section 21.,A. Intent and Purpose. The intent of this district is to permit the establishment of well-designed industrial developments through the use of an Official Development Plan, which insures compability with nearby industrial and non-industrial development. This recognizes the great variety of land use intensities and environmental interfaces which are possible in the Industrial District. The general purposes of this district are as follows: 1. To accomplish compatible development with adjacent industrial, commercial and/or residential land uses through proper land use transitions and buffering techniques. 2. To promote flexibility in design and permit diversification in the location of structures; 3. To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities; 4. To preserve to the greatest extent possible the existing landscape features and to minimize impacts on other natural features of the site; 5. To provide for more usable space through the combination and grouping of structures, parking, loading and storage areas; 6. To combine and coordinate architectural styles, building forms and building relationships within the planned developments; and 7. To insure a quality of construction commensurated with other development within the city. Where Planning Commission and City Council determine that it is in the best interest of the City, established standards for height-{See..-217-E} or area regulations (Sec. 21, F) may be varied, thus providing flexibility in design. It is intended to allow the optimum use of a site while encouraging innovation in design and site utilization by providing for the ability to vary certain said standards so long as the overall average for any particular standard varied meets or exceeds the minimum requirements. Section 21.,E. Height Regulation. 1. No building shall exceed fifty (50) feet in height, exeept-ae-pied}~3ed-€e-}A Pa~ac~rapk-A---IrF-eeHeider}nc~-t,a~pipF}-sa}c4-he}gkt-}im}€at}eK te-perFx}t-hiEjher-straetures-ef-pert}ens-e£-9true ture9; P}a~Fn€ne~-ceFxFaies}en-and-cite-cesne}}-ska}}-#xstF~e-tkat-tke average-He}gkt-e€-tkFe-str~FettFre-e~-st~tFettFres-deer-net-exeeed €}€ty-{yg}.-€eet--al3d-tk~at-tke-exte~~Fa}-a€€eet-e€-axy-sxeH h}gHer-strtFetnre-er-strr~ettiree-es-p~eree}tee3-by-e#te-13ne €reFn-any-ael3aeerFti-preperty-}ire; -ska}}-13et-exeee~i-#.he equivalext-e€-a-€ifty€eet-hicjh-struetxre-at-FRInimum setbael~-€reFF~-stFeH-prepe>: Ey-}}rFe{s} . ORDINANCE NO. 590 PAGE FOUR Section 5. Section 23.B., of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Section 23.,B. Height regulation: 1. emeeeg a height e€ e }t~ 89 feet.- NO BUILDING SHALL EXCEED A HEIGHT OF FIFTY MAY EXCEED SIXTY-FIVE (65) FEET, BUT IN STORIES ABOVE GRADE; HOWEVER, ADDITIONS EXISTING AS OF THE DATE OF ENACTMENT OF BUILT TO A HEIGHT NOT TO EXCEED THE HEI BUILDING." Ne huildixg shall COMMERCIAL OR OFFICE (50) FEET. NO HOSPITAL NO EVENT MORE THAN SIX ATTACHED TO HOSPITALS THIS ORDINANCE MAY BE GHT OF THE EXISTING Section 6. Section 28.,A.10.. of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows; "Section 28.,A., 10. Family. One or more persons related by blood, marriage, or adoption plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. FOR THE PURPOSE ONLY OF COMPUTING THE MAXIMUM ALLOWABLE DENSITY OF 21 UNITS PER ACRE PROVIDED FOR IN THE WHEAT RIDGE HOME RULE CHARTER, THE FOLLOWING SHALL APPLY: IF A SINGLE HOUSEKEEPING UNIT IS DESIGNED FOR THE USE OF MORE THAN THREE UNRELATED PERSONS, SUCH AS, BUT NOT LIMITED TO, THE HANDICAPPED OR ELDERLY, EACH THREE PERSONS IN ANY SUCH UNIT SHALL CONSTITUTE ONE FAMILY UNIT." Section 7. 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'pr_omulgated fbr 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 8. 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 jurFpidiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. This ordinance shall take effect day(s after final publication. 15 INTRODUCED, READ AND ADOPTED on first reading by a vote of 8 to 0 on the 27th day of AUGUST , 1984, 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 22, 1984 , 1984, at_7-.10 . at Chatnbers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 22nd day of 9eteber , 1984. SIGNED by the Mayor on this 23rd October ATTEST: Wanda Sang, City C k 1984. Frank Stites, Mayor day of ORDINANCE NO. - PAGE FIVE APPROVED AS TO FORM BY THE OFFICE OF CITY ATTORNEY S, City Attorney 1st Publication: August 30, 1984 2nd Publication: October 25, 1984 Wheat Ridge Sentinel Effective Date: November 9, 1984 Corrective Ordinance published: March 21, 10,85 Page Two, Section C. - line 3 - now reads "Planned Commercial Development" instead of "Planned Residential Development".