HomeMy WebLinkAboutCouncil Packet 08/24/2009
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 24 Ordinance No. Series of 2009 TITLE: AN ORDINANCE SUBMITTING TWO BALLOT QUESTIONS TO THE VOTERS OF
THE CITY AT THE NOVEMBER 3, 2009 REGULAR MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO EXEMPT CERTAIN AREAS OF THE CITY FROM THE HEIGHT AND RESIDENTIAL DENSITY LIMITATIONS
OF CHARTER SECTION 5.10.1 WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions
amending the City's Home Rule Charter to the electorate; and WHEREAS, the Council wishes to refer two (2) ballot questions amending the Charter to exempt two (2) areas of the City from
the Charter limitations upon building height and residential density; and WHEREAS, the Council wishes to set ballot titles for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred and ballot title set. The following ballot question is hereby referred to the electorate of the City at the
November 3, 2009 regular municipal election: SHALL SECTION 5.10.1 OF THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED BY THE ADDITION OF A NEW SUBSECTION G, EXEMPTING
THE FOLLOWING AREAS OF THE CITY FROM THE LIMITATIONS OF THAT SECTION UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY: (1) THAT AREA DESCRIBED IN THE WEST 44TH AVENUEIWARD ROAD REDEVELOPMENT
PLAN, ADOPTED OCTOBER 22, 2001 , AND (2) THAT AREA DESCRIBED IN THE 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN, ADOPTED AUGUST 10, 2009, EXCLUDING THEREFROM ALL PROPERTIES IN THE PLAN
AREA ALONG THE KIPLING STREET CORRIDOR SOUTH OF 44TH AVENUE AND ALL PROPERTIES IN THE PLAN AREA EAST OF INTERSTATE 70, NORTH OF 32ND AVENUE, WEST OF WARD ROAD AND SOUTH OF THE WEST 44TH
AVENUEIWARD ROAD REDEVELOPMENT PLAN AREA, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS
UNLESS AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS? ATT ACHMENT 1
Yes: ----No: -----Full Text of Amendment: Amend Section 5.10.1 of the Charter to add a new subsection f to read as follows: Sec. 5.10.1 Building height and density limitations. g. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS SECTION 5.10.1, THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY CONTAINED HEREIN SHALL NOT APPLY WITHIN THE FOLLOWING AREAS OF THE CITY: (1)
THAT AREA DESCRIBED IN THE WEST 44TH AVENUEIWARD ROAD REDEVELOPMENT PLAN, ADOPTED OCTOBER 22, 2001 , AND (2) THAT AREA DESCRIBED IN THE 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN, ADOPTED
AUGUST 10, 2009, EXCLUDING THEREFROM ALL PROPERTIES IN THE PLAN AREA ALONG THE KIPLING STREET CORRIDOR SOUTH OF 44TH AVENUE AND ALL PROPERTIES IN THE PLAN AREA EAST OF INTERSTATE 70,
NORTH OF 32ND AVENUE, WEST OF WARD ROAD AND SOUTH OF THE WEST 44TH AVENUEIWARD ROAD REDEVELOPMENT PLAN AREA, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING
HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL MODIFIED MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS. Ballot Title:
AMEND SECTION 5.10.1 OF THE WHEAT RIDGE HOME RULE CHARTER TO EXEMPT CERTAIN AREAS OF THE CITY FROM THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY CONTAINED IN CHARTER SECTION
5.10.1, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL MODIFIED THROUGH
FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS. Section 2. Ballot question referred and ballot title set. The following ballot question is hereby referred to the electorate
of the City at the November 3, 2009 regular municipal election: SHALL SECTION 5.10.1 OF THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED BY THE ADDITION OF A NEW
SUBSECTION F, EXEMPTING THE FOLLOWING AREAS OF THE CITY FROM THE LIMITATIONS OF THAT SECTION UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY: (1) THAT AREA DESCRIBED IN THE WHEAT RIDGE
TOWN CENTER PROJECT URBAN RENEWAL PLAN, ADOPTED DECEMBER 14, 1981 AND AMENDED BY RESOLUTION 13-2001 ON APRIL 23, 2001 , 2
SPECIFICALLY AS DIAGRAMED IN EXHIBITS 1 AND 2 AND DESCRIBED IN EXHIBIT 3 OF SAID RESOLUTION, AND (2) THAT AREA DESCRIBED IN THE WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN, ADOPTED
OCTOBER 22, 2001 , WITHOUT MODIFYING ANY CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL MODIFIED
THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS? Yes: ----No: ----Full Text of Amendment: Amend Section 5.10.1 of the Charter to add a new subsection f to read
as follows: Sec. 5.10.1 Building height and density limitations. f. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 5.10.1, THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY
CONTAINED HEREIN SHALL NOT APPLY WITHIN THE FOLLOWING AREAS OF THE CITY: (1) THAT AREA DESCRIBED IN THE WHEAT RIDGE TOWN CENTER PROJECT URBAN RENEWAL PLAN, ADOPTED DECEMBER 14, 1981
AND AMENDED BY RESOLUTION 13-2001 ON APRIL 23, 2001 , SPECIFICALLY AS DIAGRAMED IN EXHIBITS 1 AND 2 AND DESCRIBED IN EXHIBIT 3 OF SAID RESOLUTION, AND (2) THAT AREA DESCRIBED IN THE
WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN, ADOPTED OCTOBER 22, 2001 , WITHOUT MODIFYING ANY CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS
IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS. Ballot Title: AMEND SECTION 5.10.1 OF THE WHEAT RIDGE
HOME RULE CHARTER TO EXEMPT CERTAIN AREAS OF THE CITY FROM THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY CONTAINED IN CHARTER SECTION 5.10.1, WITHOUT MODIFYING ANY CURRENT
ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL
AFTER PUBLIC HEARINGS. Section 3.Challenges to ballot titles and content. For purposes of C.R.S. § 1-11-203.5 and § 31-10-1308(2), this Ordinance shall serve to set the titles and content
of the ballot issues set forth herein. Any petition to contest the form or content of the ballot titles must be filed with the Jefferson County District Court and a copy served on the
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