HomeMy WebLinkAboutOrdinance-1981-0437INTRODUCED BY COUNCILMEMBER ORE
ORDINANCE NO. 437
Series of 1980
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 29 OF
APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
RELATING TO THE TIME IN WHICH TO RESUBMIT PREVIOUSLY DENIED
APPLICATION.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 29 of Appendix A of the Code of Laws of the City
of Wheat Ridge is hereby amended by repealing the existing Section
29 and enacting in its place the following:
Section 29. Resubmission of Previously Denied Application. No
petition seeking rezoning of any tract or parcel of land, or any
portion thereof, shall be resubmitted to or accepted by the Planning
Commission if any previous application for rezoning involving the
same, or any portion of the same, property has been denied during
the preceding 12 months. The 12-month time limitation contained
herein shall commence on the date of any final determination of
denial by either the Planning Commission, City Council or a court
of record, whichever is later.
The 12-month time limitation specified in this section shall be
strictly adhered to except upon a finding by the Planning Commission
(or the City Council in case of appeal from the Planning Commission's
decision), after evidence presented by the applicant, that a major
change in physical conditions and circumstances warrants an earlier
hearing. "Major change in physical conditions and circumstances"
shall, for the purposes of this section, mean a significant modifi-
cation in the character and nature of the proposed development or
use, and shall be reflected in the intensity of the use, the density
of the use, the external effects on adjacent properties, or such
other factors as may be determined by the Planning Commission and/or
the City Council.
Section 2. Safety Clause. The City Council hereby finds, deter-
mines and declares that this ordinance is promulgated under the
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
for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational
relation to these objectives.
Section 3. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. This ordinance will take effect 1 day after final
publication.
x437
PAGE TWO
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 this 15th day of December , 1980; 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 January 19 , 1981, at 7:30 o'clock p.m., at
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 7 to 1 , this 19th day of January , 1981.
SIGNED by the Mayor on this _,tJ4,4 day of 1981.
-
Frank Stites, Mayor'
ATTEST:
Carol F. Hatfipf', City, erk
1st Publication Dec. 18, 1980
2nd Publication Jan. 29, 1981
1,~Iheat Ridae Sentinel
Effective Date Jan. 30, 1981
APPROVED AS TO FORM
BY OFFICE OF CITY ATTORNEY: