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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' ,r/