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HomeMy WebLinkAboutOrdinance-1999-1147 1'0 RECEPTION 1\10. 793191 31.00 PG: 0001-006 74Y RECORDE'!:I' IN JEFFERSON COUNTY, COLOF~O 2/03/1999 11:43:48 INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. 50 Ordinance No.114 7 Series of 1998 / / - 4' ,) , l/ /'" \ {'; JIll AN ORDINANCE ZONING CERTAIN PROPERTY KNOWN AS REGIONAL TRANSPORT A TION DISTRICT WARD ROAD P ARK-AND-RIDE F ACIUTY GENERALL Y LOCATED WEST OF WARD ROAD, NORTH OF INTERST ATE 70, SOUTH OF THE KAISER PERMANENTE WARD ROAD MEDICAL FACILITY, EAST OF MOUNT OLIVET CEMETERY, WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS COMMERCIAL-ONE (C-l) PURSUANT TO SECTION 26-22 OF THE WHEAT RIDGE CODE OF LAWS AND AMENDING THE ZONING ORDINANCE AND MAP TO CONFORM THEREWITH (WZ-98-17) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. F1l1d1l1gs of Faet. (A) ApplIcation has been made for zoning certam property described on attached ExhIbIt A. with1l1 the CIty of Wheat Ridge, Colorado, to Commercial-One (C -I), as prescribed 111 SectIon 26-22 of the Wheat RIdge Code of Laws. (B) PublIc notIce has been gIVen of such ZOl11ng by one publIcatIOn 111 the Wheat Ridge Transcnpt, a newspaper of general CIrculatIon wlth1l1 the CIty, and the offiCIal newspaper of the City, at least fifteen (15) days pnor to the heanng of such zon1l1g, (C) Wntten notIce was sent by certified mail to all adJacent property owners and owners of the property undcr consIderatIon, at least fifteen ( 15) days pnor to thc publIc heanng. (D) NotIce of such proposed heanng was posted on the property for fifteen (15) consecutIve days pnor to said heanng (E) A need eXIsts for zon1l1g of tlllS propcrty CommerCIal-One (C - I ) Section 2. The propel1y described in attached ExhibIt A IS hcreby zoned CommercIal-One (C- I ), subJect to specific restnctlons contained in ExhIbIt 8, bemg the lIst of pernlltted and prohibIted uses for the subJect properties, Section 3. The zon1l1g ord1l1anee and ZOl11ng map of the CIty of Wheat RIdge, Colorado are hereby amended to conform WIth the ZOl11ng change to the property Ordinance No WZ-98-17 Page I RECEfY/ ION NO. F07q~191 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, safety, and welfare of the publIc, and that thIs ordmance IS necessary for the preservatIon of health and safety and for the protectIOn of publIe convenience and welfare The CIty CouncIl further determines that the ordl11ance bears a ratIOnal relatIon to the proper legIslative obJectIve sought to be attal11ed. .-., (...../ Section 5. SeverabIlity. If any clause, sentence, paragraph, or part of thIS ord1l1anee or the apphcatlon thereof to any person or CIrcumstances shall for any reason be adJudged by a court of competent JurisdIctIOn invalid, such Judgement shall not affect applIcation to other persons or cireumstances. Section 6. This ord1l1ance shall become effectIve tifteen ( 15) days after tlnal publIcatIOn, INTRODUCED, READ, AND ADOPTED on first readl11g by a vote of ~ to ~ on thIS 23rd day of November , 1998. ordered published in full in a newspaper of general cIrculatIOn 111 the CIty of Wheat Ridge and PublIc I leanng and consIderatIOn on final passage set lar January' 11 , 1999, at 7'00 r.m" in the CouncIl Chambers, 7500 West 29th Avenuc, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second an tinal reading by a \ote of~to~,thls 11thdayof January ,199~' ,199 9. ./ SIGNED by the Mayor on thIS 19th:lay of January ,-' I --: I I I... 'l. " ETCHEN CERVENY, MAYOR ATTES r. ORNEY PublIshed I st PublicatIOn 2nd PublIcatIon Wheat RIdge Transcnpt December 4, 1998; Republish December 25, 1998 January 22, 1999 L ,BalharaC('RPl S RFS\ q IRD'\\"/-()8 1 ':t.nnmd \vp,1 Ordlllance No Wi' -911-17 Page 2 EXHIBIT- A Legal Description for City of Wheat Ridge Annexation # 98-7 RT.D. Property / -.5 Begll1nll1g at the Northeast comer of the N W 1/4 of SectIOn 20, Township 3 South, Range 69 West of the 6th Principal Mendlan, Thence S 00 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a dIstance of 777 69 feet. Thence S 890 44' 48" W a dIstance of 50 feet to the True Point of Beginning. Thence S 740 34' 48" W a dIstance of 625.31 feet. Thence S 00 15' 12" E a dlstanee of 299 97 feet. Thenee S 74035' 03" W a distance of 10.36 feet. Thenee S 00 15'12" E a distance of227.30 feet. Thence N 890 44' 48" E a dIstance of 996 feet. Thence S 00 15' 12" E a dIstanee of 103.65 feet. Thence N 650 53' 18" E a dIstance of 192.47 feet. Thence N 640 05' 33" E a dlstanee of 474.30 feet. Thenee N 00 15' 12" W a distance 01'514,03 feet to the True Point of beginning. This parcel eontall1S 350,040.02 sq. ft. , or 8.036 aeres The pen meter length is 2457.35 feet RECEP nON NO. F0793191 RECI:::PllON NO. F0793191 EXHIBIT B l\ RTD ZONING The Zoning for the property described in Exhibit A shall be Commercial-One (C-l) pursuant to SectIOn 26-22 of the Wheat Ridge Code of Laws, wIth the following modificatIOns, restnctlOns, and requirements. 1. Permitted Principal Uses No building or land shall be used and no bUlldmg shall be erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: A. The following uses permitted under Section 26-22 (B), Commercial One Distriet (C-l) of the Wheat Ridge Code of Laws: 1 2. 3 4. 5. Banks, lImited to 2,000 square feet. Child eare eenters. Offices: general business and professional offices. Park-N-Ride. Parking of automobiles of clients, patients, and patrons of occupants of adjacent commercial distncts. Sit down restaurants. Service establishments as listed below: a. Blueprintmg, photostatic copying, and other similar reproduction services; however, not includmg large printing, publishing and/or book bmding establishments. b. Laundries and dry cleaning shops. c. Shoe repair shops. d. Tailoring, dressmaking, or clothing alteration shops. e. Watch and jewelry repair shops. f. Television, radio, computer, small appliance repair and service shops. Stores for retail trade as listed below: a. Bakeries, retail. b Book stores and newsstands. c. Camera and photographIc service and supply stores. d. Candy, nut and confectionery stores. e. Convenience store without gasolme pumps, limited to 5,000 square feet. f. DelIcatessens and coffee shops. g. Drug stores. h. Floral shops. 6. 7. 8. RTD Zoning Uses WZ-98-17 Page I _RECEPTION NO. F079319t I. Gift, novelty or souvemr stores. Jewelry stores. Notions stores. Optical stores. Picture framing shops. Stationery stores. Video stores. / J k. 1. m. n. o. ) II. Site Plan Requirement' All permitted pnncipal uses as listed above shall be required to receive approval of a site plan pnor to Issuance of a buildll1g permIt. The site plan shall be prepared 111 accordance with Section 26-6(E)(2), Type II Site Plan, of the Wheat Ridge Code of Laws. The site plan shall be reviewed by the Planning CommIssion and City Council at a publIc hearing following the public notice requirements of Section 26-6(F). III. Prohibited Uses' The following uses shall be prohibited: 1. All adult entertainment facilIties as defined in SectIon 3-1 of the Wheat Ridge Code of Laws. 2. Automobile, truck, motorcycle and/or associated equipment sales, rental, repair, and/or storage/impound lots. 3. Commercial machine shops. 4. Recreational vehicle, camper and/or associated equipment sales and/or repair, or storage lots. 5. Churches. 6. Liquor stores. 7. Mortuaries and crematoriums. 8. Pawn shops. 9. Golf courses. 10. Tobacco shops. 11 Taverns, night clubs, lounges, private clubs and bars. 12. Truck stops. IV. Special Uses: Any use proposed for the property not specifically lIsted in Section I above, but permitted in the Commercial-One zone district as a conditional use or special use, shall be processed in accordance with Section 26-6(B), Special Uses, of the Wheat R..tdge Code of Laws. Special uses shall be subject to review by Plannll1g Commission and City Council and shall ll1c1ude the approval of a site plan as required in Section 26-6(B), in accordance with Section 5-10 of the City Charter. Additionally, Section 5.10 of the City of Wheat Ridge City Charter, titled Action by Ordinance Required, and ll1c1uding specific procedures relative to legal protests, shall be in effect and applicable to the granting of Special Uses. RTD Zoning Uses WZ-98-17 Page 2 RECEPTIOl\1 NO. F0793191 ,_ V. Development Standards: All uses shall be subject to the development and use standards ti enumerated for the Commercial-One zone dlstnct in SectIon 26-22(F) of the Wheat Ridge Code of Laws. The parking requIrement for any use permitted either as a principal permitted use or a specIal use shall be satIsfied by the parking provided In the Park-N- Ride facility and no additional parking spaces shall be required. C:\PLA ~N ING\CAS ES\C Ondzoninguses. ""'I'd RID Zoning Uses WZ-98-17 Page 3