HomeMy WebLinkAboutOrdinance 1693CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 13 ORDINANCE NO. 1693 Series 2020
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE FORM AND TIMING OF CASH-IN-LIEU PAYMENT FOR PARKLAND DEDICATION REQUIREMENTS
WHEREAS, the City of Wheat Ridge (“City”) is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and protection of the public health, safety and welfare; and
WHEREAS, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and
WHEREAS, Chapter 26 includes regulations pertaining to the form and timing of
cash-in-lieu payment for parkland dedication requirements; and WHEREAS, the City Council recognizes the need to align the timing of cash-in-lieu payment for parkland dedication with building permit to better correlate fees with
both the timing of construction and the impact on the City’s parks and recreation
system; and WHEREAS, the City Council also finds it appropriate to modify the form of payment to reflect current practice and simplify processes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-414.A.4.e of the Wheat Ridge Code of Laws, regarding
dedication of public parks and sites, is amended as follows:
A. Public parks and trails. […]
4. Requirement for parkland dedication. […]
e. Form and timing of cash-in-lieu payment. Cash-in-lieu payments shall be paid
to the city by certified check and deposited in the city account to be used solely
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for the acquisition, development, or improvement of parks, open space, bicycle
and pedestrian trails, and related facilities. For subdivisions, payment shall be
made at the time the plat is recorded. For development AND SUBDIVISIONS, payment shall be made prior to building permit issuance.
Section 2. 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 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Compliance Required – Applicability. This Ordinance shall apply to all development which does not by the effective have a vested property right, pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 13th day of July 2020, 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 July 27, 2020 at 7:00 p.m., in virtual format, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2020.
SIGNED by the Mayor on this _____ day of ____________, 2020.
__________________________
Bud Starker, Mayor
ATTEST:
______________________________
Steve Kirkpatrick, City Clerk
7 0 27th July
27th July
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Approved as to Form
__________________________ Gerald E. Dahl, City Attorney
First Publication: July 16, 2020
Second Publication: July 30, 2020
Jeffco Transcript Effective Date: August 14, 2020
Published:
Jeffco Transcript and www.ci.wheatridge.co.us