HomeMy WebLinkAboutOrdinance-1998-1117
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RECEP r I Ol~ NO. FIJI:. -+45 56.00
7~~ RECORDED I~ JEFFERSON COUNTY, COLORADO
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INTRODUCED BY COUNCIL MEMBER Tbll1PC'
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7/08/1998
9:53:58
Council Bill No. 13
Ordinance No. 1117
Series of 1998
;-11
AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS 44th
AVENUE INDUSTRIAL PARK PARCELS ONE AND TWO AND
GENERALLY LOCATED SOUTH OF 4411I AVENUE, NORTH OF
HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE
STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS
PLANNED INDUSTRIAL DISTRICT (PID) PURSUANT TO SECTiON 26~
6(C) OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE
ZONING ORDINANCE AND MAP TO CONFORM THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT
SectIOn I Fmdmgs of Fact.
(A) ApplicatIOn has been made for zonll1g certam property described on attached
Exhibit A. wlthm the City of Wheat Ridge, Colorado. to Planned Industnal
Dlstnct (PID), as prescnbed m Section 2b~b( ( ) of the Wheal Ridge Code: of
Laws.
(B) Public notice has been gl yen of such zonmg by one publication m the Wheat
Ridge Transcnpt, a newspaper of general circulatIOn wlthm thc City, and the
otliclal newspaper of the City, at least fifteen ( 15) days pnor to the heanng of
such zonll1g
(C) Written notice was sent by certified mail to all adJacent property owners and
owners of the property under consideratIOn, at least fifteen (15) days prior to the
public heanng,
(D) Notice of such proposed heanng was posted on the property for fifteen (15)
consecutlve days pnor to said hearing,
(E) A need eXists for zonmg of this property Planncd lndustnal Dlstnct (PID)
Section 2 The property described m attached Exhibit A IS hereby zoned Planned
Industnal Dlstnct (PID). subJcct to thc conditions set forth belo\\
(A)
The property shall only be used as provided In Section 26~25 of the Wheat Ridge
Code of Laws, except for any speCial consideratIOns set out m the AnnexatIOn
Agreement attached to the AnnexatIOn Ordmance
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(B) Exhibit B lists the uses permitted on the propert} and IS herewith made a pm1 of
thiS Ordinance, Any proposed changes to the hst of permitted uses shall be
submitted to the Director of Planning and Development for his/her determmatlOn
as to whether said changes can be ll1corporated through an admll1lstrative actIon
or reqUire an amendment to the Planned Industnal Development.
(C) The Outline Development Plan IS herewith made a part of this Ordll1ance as
Exhibit 'C' and shall be recorded With the Jefferson County Clerk and Recorder
Section 3 The zonll1g ordinance and zonll1g map of the City of Wheat Ridge, Colorado
are hereby amended to conform With the zonll1g ehange to the propert}
SectIOn 4 Safety Clause The City CounCil hereby finds, determmes, and declares that
thiS ord1l1ance IS promulgated under the general police power of the City of Wheat Ridge, that It
IS promulgated for the health, safet}. and welfare of the pubhc. and that thiS ordll1ance IS
necessary for the preservatIOn of health and safety and for the protection of publle convel1lence
and welfare The Clt} Council further determmes that the ordmance bears a ratIOnal relatIOn to
the proper legislative objectIve sought to be attall1ed.
SectIon 5 Severability If an} clause, sentence, paragraph, or part of this ordmance or
the apphcatlon thereof to an} person or circumstances shall for any reason be adjudged b} a court
of competent JUrISdictIon ll1vahd, such Judgement shall not affect apphcatlOn to othcr persons or
circumstances.
SectIOn 6 ThIS ordll1ance shall become effective fifteen (15) days after final pubhcatlOn,
INTRODlICED, READ, AND ADOPTED on first readll1g by a vote of~ to ~~
on thiS ~th day of April . 1998, ordered pubhshed ll1 fu1lll1 a newspaper of
general Circulation m the Clt} of Wheat Ridge and Pubhc Heanng and consideratIOn on final
passage set for May 11 , 1998, at 7 00 p.m., 111 the Council Chambers, 7500 West
29th Avenue, Wheat RIdge. Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second an final readmg by a
vote of ~ to ~, tillS ~ltlay <Ir May , 1998
Ordmance No
Page 2
SIGNED by the Mayor on this ~day of
,1998
M:::lY
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,JRETCHEN CERVENY,'MA YOR ~..~..
ATTEST
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Wanda Sang, City Clel'l(>.
AP~~~NEY
Gerald Dahl, City Attorney
Publtshed.
1 st PublicatIOn
2nd Publtcatlon
Wheat Ridge Transcnpt
April 13, 1998
May 15, 1998
Ordmance No
Page 3
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EXHIBIT A
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~~GA~ DESCRIPTION
A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 19 ~~D IN THE WEST 1/2 OF SECTION'
20, ALL I~ TOWNSHIP 3 SOUTH, ~~GE 69 WEST OF THE 6TH P,M., COUNTY OF JEFFERSON,
STATE OF COLO~O, DESCRIBED AS FOLLOWS:.
CO~l~I;::NCING AT THE CENTER OF SAID SECTION 19, THENCE SOoo08'41"E, 35.28 FEET ALONG
T~E NORTH~SOUTH CENTERLINE OF SAID SECTION 19 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
\'iEST 44TH AVENUE Cm;V;::YED TO JEFFERSON COUNTY AS DESCRIBED IN WARRANTY DEED RECORDED
IN 300K 323 AT PAGE 323 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO, AND THE TRUE
PO~NT OF BEGINNING, .
THENCE EASTERLY, 107,62 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST 44TH,
AVENUE fu~D ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH TO A POINT OF TANGENT, SAID
ARC HAVING A RADIUS OF 995.00 FEET, A CENTRAL ANGLE OF 6011'50" AND BEING SUBTENDED
BY A CHORD THAT BEARS N80022'35"E, 107.57 FEET;
THENCE 1'<77016'40"E, 3093.84 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WEST~
44TH AVENuE TO A POINT OF CURVE TO THE RIGHT;
THENCE EASTE!<LY, 315 95 FEET ALONG THE SOUTHERLY RIGHT~OF-WAY LINE OF SAID WEST 44TH
;VENUE ~~D ALONG THE ARC OF SAID ~URVE TO A POINT OF TANGENT, SAID ARC HAVING A'
R,;l)IU5 OF 1392.50 FEET, A CENTRAL ANGLE OF 13000'00" AND BEING SUBTENDED BY A CHORD,
THAT BEARS NS3046'40"E, 315 27 FEET;
-,,,:NCE S39043'20"E, 530 82 eSET ALONG THE SOUTHERLY RIGHT~OF-WAY LINE OF SAID WEST
44T~ AVE~uE TO THE EAST LINE OF THE S1/2 OF THE NW1/4 OF SAID SECTION 20;
T..c;::::CE 500005'46"E, 119,94 FSET ALONG THE EAST LINE OF THE S1/2 OF THE NWl/4 OF SAID:
S;::CTIC:J 20 TO THE MOST NORTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE
DE?';,C:E:"T OF HIGH\'iAYS, STATE OF COLORADO, AS DESCRIBED IN SPECIAL WARRANTY DEED
?~=OR~E2 ~.; BOOK 1859 AT PAGE 72 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO;
T:1L::C;:: S6.~020'29"W, 33.20 FEET ALONG THE NORTHWESTERLY LINE OF THAT TRACT OF LAND
AS D;::SCRIBED IN SAID BOOK 1859 AT PAGE 72;
r.;;::::c;:: S3l024'20"W, 609,87 FEET ALONG THE NORTHWESTERLX LINE OF THAT TRACT OF LAND~
..'\5 i);::SCRI3ED IN SAID BOOK 1659 AT PAGE 72 TO THE EAST-wEST CENTERLINE OF SAID SECTION 1
20,
T~E::CE S99023'29"W, 971 10 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20
TO THE ~1/4 CORNER OF SAID SECTION 20;
T"r::NCE S00022' 26"W, 275 38 FEET ALONG THE WEST LINE OF THE SWl/4 OF SAID SECTION 20,
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TO THr:: NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO THE STATE DEPARTMENT OF!
H"CH~A~5, DIVISION O~ HIGHWAYS, STATE OF COLORADO AS DESCRIBED IN SPECIAL WARRANTY;
DEE;) ?ECORDED IN B00K 2177 AT PAGE 367 OF THE RECORDS OF JEFFERSON COUNTY, COLORADO,
THENCE S87015'49"W, 2456.00 FEET ALONG 'rHE NORTHERLY LINE OF THAT TRACT OF LAND AS'
DESCRIBSiJ IN SAID BOOK 2177 AT PAGE 367; ~
THi::NC::: N76006'56"W, 199.73 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS:
DESC?I3cD IN SAID BOOK 2177 AT PAGE 367 TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION,
19, ;
T:-!:::::CE NOoo08'41"W, 278 94 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19
TO THE T?UE POINT OF Bi::GINNING, COUNTY OF JEFFERSON, STATE OF COLORADO.
EXHIBIT B
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44th Industrial Park
A) Statement of Proposed Zomng:
The 44th lndustnal Park IS a 51+ acre tract ofland m the Clear Creek Valley of Jefferson
County The mtent of development oftllls parcells to provide smaller hght mdustnal/office
lots for ll1divldual users, The rezoning request IS from Jefferson County MC Zone (Mineral
Conservation) to City of Wheat Ridge PID, Planned lndustnal Development.
B) Proposed Uses,
Use Area I Permitted Uses,
I) Light manufacturing, processmg or fabncatIon of commodltles, All such manufactunng,
processmg or fabncation shall be completely enclosed wlthll1 a legally constructcd
bmldmg,
2) Wholesale sales, warehousmg, ll1cludmg mlm~warehouses (not to exceed a total land area
of 2,2 acres), or storage of any commodity With the followmg exceptlons,
(a) No commercial explOSives may be mc1uded,
(b) Sales, warehousmg, storage, collectIOn of matenals, mcludmg machinery or
vehicles not m operatmg condltlon, may be penmtted only If contall1ed wlthm a
fully enclosed bUIlding,
3) Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on
the premises,
4) Sale at retail of hardware or eqUIpment, supplIes and matenals (except commercial
explOSives) for agnculture, mming, mdustry, business, transportation, bulldmg and other
constructIOn.
5) Repair, rental and servlcmg of any commodity, the manufacture, proccssmg, fabncatlOn,
warehousmg or sale of which IS permitted,
6) Veterinary hospital.
7) One combmatlOn motor vehicle gasolIne fillmg station, car wash, and/or convemence
store, not mc1udmg such facilIties and services for semJ-tractor trailer trucks. Any use
reasonably mterpretcd as a truck stop shall not be permitted.
8) All office uses, except banks and other finanCial mstltutions,
9) Laboratory
10) Research and development faCIlity
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11) Micro~cell or repeater telecommulUcatlOns facility
12) Roof and/or bUlldmg mounted or freestandmg with monopole low power
telecommUnicatIOns faCIlIty
13) Accessory use of outdoor storage to pnnclpal buIldmg use shall be pemlltted on all lots
outsIde buildmgs as long as the storage area IS screened from publIc vIew and wIth a
solid screen fence 6 feet hIgh, No storage matenals shall be allowed m front yard
setbacks, Storage areas need not be hIdden from over~vlew from adjacent roads. No
storage shall be over 6 feet In heIght except vehIcle and eqmpment that are assOCIated
wIth the pnnClpal use oflot.
14) No outdoor firearm or gun range shall be pemlltted,
15) The repaIr and mamtenance ofmotonzed vehIcles and assOCiated accessory eqmpment.
SaId use shall be permItted only If contamed wlthm a fully enclosed bUlldmg. CIty
ordmances relative to vehicle Idling and nOIse shall be adhered to ThIs pemlltted use
IS not applicable to Use Number 7 as prevIOusly listed, No semI tractor/trailer repaIr
WIll be allowed and no heavy vehIcle repaIr shall be allowed on thIS sIte except for
mmor accessory use to an mdustnal use Semi trucks shall be allowed for delivery and
pIckup only Casll10 bus storage shall not be allowed,
Use Area I~A PermItted Uses (07 Ac. west of raIlroad track)
I) Parkmg, excludmg seml~tractor trailer trucks.
2) RaIlroad access,
3) Accessory uses to eXlstmg contIguous property user to west.
4) No outdoor firearm or gun range shall be pem11tted,
5) Casmo bus storage shall be allowed,
Use Area 2 PermItted Uses:
1) Open Space
2) Landscapmg
3) Fencmg, as may be necessary
4) Project entry monumentatlOn
5) VehIcular access
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Use Area 3 Permitted Uses: 1
1) DeSignated native or natural open space (Use Area 3) shall for the most part remam . ,
untouched. Any dlsturbed areas shall be reclaimed by the plantmg of natlve grasses
sUIted fortlus area, This area IS bounded by West 44th Avenue southerly to the ahgnment
of the Reno Ditch,
C)
Site Data
Total Property Area
Area 1 (Outlme Development Plan)
MaXimum Buildmg Coverage
MaXImum Buildmg HeIght
Landscape Coverage - mlmmum per lot
Total Lot Coverage by Structure, pavmg and storage
Gross Floor Area maximum
51 05 Acres
39,5 Acres
45%
50 Ft.
10%
90%
45 FAR
Parkmg
Off street parkmg reqUIrements wlll adhere to the followmg standards,
1) Office space, vetennary hospital and other Slmllar uses, 3 0 spaces per 1,000 square
feet Gross Floor Area,
2) RetaIl or wholesale areas, gas stallon, servIce statIOn, motor vehIcle repair facIlities
and SimIlar uses' 5 0 spaces per 1,000 square feet Gross Floor Area,
3) Warehouses, mil11~warehouses, storage facdllles and snndar uses, 1 space for each
200 square feet of office, and 1 space per each 2,000 square feet of Gross Floor Area,
4) Manufactunng, processmg or fabncatlOll facllltles 1 space for each 200 squarc feet
of office, and 1 space per each 2,000 square feet of Gross Floor Area,
5) MedIcal and dental offices and clinics; 5 0 spaces per 1,000 square feet Gross Flonr
Area,
6) Off street loadmg space, Off street loadmg spaces shall be prOVided on each site
based upon mdlvldual needs of users for each Site, their site plans and buIld1l1g plans,
Each such load1l1g space shall not be less than 35 fcet m length, 12 feet m WIdth and
15 feet Il1 heIght.
Area 1 ~A
Maxlmum BuIld1l1g Covcrage
MaXImum BUlldmg Height
Landscape Coverage ~ mll1lmUm per lot
Total Lot Coverage by Structure, pavmg and storagc
Gross Floor Area maximum
o 7 Acres
45%
50 Ft.
10%
90%
45 FAR
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Parkmlf. d
Off street parkmg requirements wIll adhere to the following standards ()
I) Office space, vetennary hospital and other sImIlar uses 30 spaces per 1,000 square
feet Gross Floor Area
2) Retail or wholesale areas, gas station, service statiOn, motor vehicle repair facilities
and SImIlar uses: 5 0 spaces per 1,000 square feet Gross Floor Area
3) Warehouses, mmi-warehouses, storage facilItIes and sImilar uses. I space for each
200 square feet of office, and I space per each 2,000 square feet of Gross Floor Area
4) Manufactunng, processing or fabncatlOn facIlities I space for each 200 square feet
of office, and I space per each 2,000 square feet of Gross Floor Area
5) MedIcal and dental offices and chmcs; 5 0 spaces per 1,000 square feet Gross Floor
Area
6) Off street loading space; Off street loadmg spaces shall be prOVided on each site
based upon mdIvIdual needs of users for each SIte, their site plans and bUlldmg plans,
Each such loadmg spaee shall not be less than 35 feet mlength, 12 feet m Width and
15 feet m height
Area 2 (Landscapmg, Fencll1g and Slgnage only)
Landscapmg Coverage
0.25 Acres
100%
MaXimum Sign Height
I 0 Feet
MaXimum Sign Face
80 Sq Ft.
MaXimum Number of Sign Faces
2
MlI1lmUm SIgn Setback
8 Feet
Notes.
1 ReqUIred comer vIsion tnangle cntena of the City of Wheat Ridge shall be met.
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Entry slgnage or monumentatlOn shall be allowed to be hghted by elthcr ground mounted
llghtmg or mtenor non~glare hghtmg,
Area 3
Natlve/Natural Open Space
10 6 Acres
D)
BuIldmg Setbacks.
Area I & Area I~A
Mlmmum Front Yard (Intemal Street)
30 Feet
4
Mimmum Side Comer Lot 30 Feet
Mimmum Side Yard (Internal Lot) 10 Feet 9'
Mlmmurn Rear Yard adjacent to street or highway 30 Feet
Mimmum Yard to Rear Property Lme Fence Intenor
to Property 10 Feet
Mimmum setback for lots adjacent to 44lh A venue 50 Feet
E) Parkmg Lot Setbacks
Mimmum Front Setbacks to any Parkmg Lot 10 Feet
Mimmum Side Setback for any Lot 5 Feet
Mimmum Rear Setback to Intenor Lot 10 Feet
F) Lot Access
Vehicular access to all lots wIll be from Internal streets except for Use Area 1 ~A west of the
railroad tracks,
G) Multiple Lot OwnershIP
In case of multiple lot ownershIp by the same purchaser/owner, SIde setback and otherrelated
reqUIrements as they would effect mtenor Side lot hnes shall be waived, subject to an
admmistrat1ve process by the City of Wheat RIdge,
H) Open Space and Landscapmg
I) The mlmmum percentage of landscaped area per lot shall be 10%, but not less than 67%
ofthis 10% landscaped area shall occur m the front setback area to bUlldmg,
2) Additional on lot landscapmg may occur at owner's chOlce,
3) The followmg mmm1Um sIzes apply wherever landscapmg 1S reqUIred,
DeCIduous shade trees 2 Y2 cahper
Evergreen trees 6 ' heIght
Ornamental trees 1 Y2 calIper
Shrubs 5 gallon con tamer
4) MaXImum amount of hIgh water consumptIon sod (I e, Bluegrass) shall be 50% of
landscaped area.
5) Two ornamcntal trees may be substituted for 1 deClduous shade tree, as reqUIred.
6) The ratlO of COlli ferous trees shall be 60%,
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7) All other turf shall be a blend of grasses native to this area,
8) Other landscapmg matenals shall consist ofnattve plant matenals mdigenous to the area,
and native turf grasses.
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9) Any and all disturbed areas shall be revegetated With either natlVe seed, or a blend of
natIve grasses mdigenous to thiS area or a vanety of deSigned mulch optIOns such as bark
chip, rock or ground cover plant matenal, such mulch area shall not exceed 20% of the
surface area involved.
10) Anyone of the followll1g techmques may be used to landscape areas adjacent to 44th
Avenue, (for only the length of development where lots are adjacent to 44th Avenue, ~
the entry west to Reno Ditch) and mtenor street and parklllg areas on mdlvlduallots
(a) Within a mll11mUm stnp of 1 0 feet, proVIde shrubs at a spaclllg of5 feet on center
WIth a mllllmum of 1 evergreen tree every 20 feet of length of landscaplllg,
(b) Withm a mllllmum of 15 foot Wide stnp proVide a mllllmum 2 foot high earth
bem1 With a mllllmum of 1 evergreen tree planted every 20 feet. No more than
20% of the surface shall be exposed gravel or mulch,
(c) Withm a mll11mUm width of 10 feet proVide a 3 foot hIgh opaque fence or wall
A ffillllmum of 1 tree must be planted every 20 feet. No more than 20% of the
ground surface area shall be exposed gravel or mulch,
11) Landscape treatment on rear oflots that back up to State HIghway 58 The entire
length of Highway 58 shall have a 6 foot hIgh black clad chall1-1111k fence WIth 3
strand secunty barb wire on top The landscape treatment along Highway 58 abuttlJll!
adjacent lots m a 10 foot Imgated stnp shall be 1 evergreen tree (mmlmum 6 foot
heIght) and 3 evergreen shrubs (mllllmum 5 gal. SIze) every 25 lll1eal feet.
12) Landscaped areas other than stated above shall contalll 2 trees and 8 shrubs per each
50 lllleal feet or 1,000 square feet of Said landscaped area,
13) Landscape and Grounds Mamtenance: The owner of a property, hiS successors, heIrS
or assigns shall be responsible for the proper mallltenance of all landscaped areas,
subject to an approved landscape plan, Such areas shall be deemed to mclude the
subject property and that portlOn of any adjacent pubilc street nght of way, from the
property lme to the back of the adjacent curb
14) Landscaplllg shall be contllluously mallltamed mc1udlllg necessary watenng, weedlt1!"
prumng, pest control and replacement of dead or diseased plant material. Replacement
of dead or diseased plant matenal shall be of the same or Similar type as set forth above
SubstltutlOns WIth other types of plant matenal may be made only With City approval.
Replacement shall occur wIthm one growmg season,
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15) Grounds shall be maIntaIned In a safe, clean and neat condlhon free of rubbish and J 1
weeds, Lawns shall be kept 111 a mowed condItIon, Roads, SIdewalks and pavements
shall be kept true to Ime and grade and m good repair Dramage dItches shall be kept
clean and free of any obstacles,
I) Slgnage
Unless otherwise noted In other areas of these regulatlOns all slgnage shall be m accordance
WIth SectlOn 26~40l of the Wheat RIdge Code of Laws,
J) Llghtmg
All extenor lighting shall be 111 accordance WIth SectlOn 26~30(S) of the Wheat Ridge Code
of Laws.
K) ArchItectural Treatment ~ BUlldmg Fronts
The archItecture will be of wood, wood beams, and masonry (stone), metal, tlltup concrete
and stucco Colors and textures w1l1 be natural and earth tones,
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