HomeMy WebLinkAboutOrdinance 1760 - Amending requirements for dedication of public parks and sitesCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER NOSLER BECK
COUNCIL BILL NO. 08
ORDINANCE NO. 1760
Series 2023
TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR
DEDICATION OF PUBLIC PARKS AND SITES AND MAKING
CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, the Council adopted the Affordable Housing Strategy and Action Plan
in January 2023 to establish a foundation and framework for the City to address affordable
housing issues; and
WHEREAS, the Council finds it necessary to reduce the burden of developing
income-restricted affordable housing within the City of Wheat Ridge.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by
adding a new definition in the appropriate alphabetical location, as follows:
Dwelling unit, deed-restricted affordable: A dwelling unit required to be
used as affordable housing for income-qualified residents for a specified
number of years pursuant to a restrictive covenant. This term shall include,
but not be limited to, HUD multi-unit housing and Low-Income Housing Tax
Credit project authorized by applicable law.
Section 2. Section 26-414.A.2 of the Wheat Ridge Code of Laws, concerning
exemptions from the parkland dedication requirement for residential development, is
hereby amended by the addition of a new item iii in subsection b, as follows:
b. Exemptions.
i. Nursing homes and similar confined care or skilled nursing
facilities.
ii. Accessory dwelling units.
iii. DEED-RESTRICTED AFFORDABLE DWELLING UNITS.
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 Severability, Conflicting Ordinances Repealed.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. Effective Date; Application to Developments in Process This
Ordinance shall take effect immediately upon adoption at second reading and signature
by the Mayor, as permitted by Section 5.11 of the Charter. This ordinance shall apply to
projects containing deed-restricted affordable dwelling units which are under review or
inspection by the Community Development Department as of the effective date of this
Ordinance, but for which final certificate of occupancy has not yet been granted.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 24th day of April 2023, 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 May 8, 2023, at 6:30 p.m., as a virtual meeting and 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 0, this 8th day of May 2023.
SIGNED by the Mayor on this 8th day of May 2023.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: April 27, 2023
Second Publication: May 11, 2023
Effective Date: May 8, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us