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114TRODUCED BY COU JCILIMEHBER DAVIS
ORDINANCE NO. 490
Series of 1931
TITLE: AN URDINANCE Ai1ENDING CHAPTER 5, BUILDINvs, SECTIOiJ 5-94 JF
THE CODE OF LA,4S of THE CITY OF WHEAT RIDGE 3Y ADDINII
SECTION 5-94.01 PUBLIC IAPRJVEAENTS REQUIRED.
BL IT ORDAINED 3Y THE CITY COUNCIL OF TAE CITY OF ad EAT RID.IE,
COLORADO, TiIAT:
Section 1. Section 5-94 of the Code Ji Laws of the City of 'Wheat
Ridge is hereoy amended oy adding thereto the following additional
section:
"Section 5-94.01. Public Iaprovements Required.
Applications for building permits shall be reviewed by the
Department of Public 4orks to determine whether the proposed
construction will require the installation or construction of
public iiprove_nents, such as street paving, curbs, ?utters,
sidewalks, drainage facilities, or other public improvements as
may be required by ordinance or Subdivision Regulations.
If' it is determined by the Depart;iient of Public Works that any
such public improvements are necessitated by the proposed
construction based upon the specific adverse effects created by
the proposed construction (such as, merely by way of illustration
and not by way of limitation, drainage, traffic, street
continuity) the Department of Public 4orks shall so inform the
Building Official, and in sucYi event a condition shall be
inserted in the building per.ait which shall require the
construction of such public ifnprove(nent or public improvements by
the property owner and the dedication thereof to the City. All
such improvements are to be constructed in full compliance with
the City of Wheat Ridge Engineering Regulations, Uesign Standards
and Construction Specifications. The cost of any such
iaproveiaents shall be borne by tide property owner, and the
construction thereof shall be at the sole cost, risk and expense
of the property owner, subject to tae provisions of any
applicable city ordinance, regulations or policies. Failure to
construct any such required public improvements shall entitle the
City to withhold any certificate of occupancy.
If it is determined by the Department of Public '4orks that such
Public I.nprovements be placed at a later tirae, a Development
Agreement shall be executed.
Notwitnstanding any other provision of this section or of the
Wheat Ridge Code of Laws, the installation of curbs, gutters, and
sidewalks shall not be required in any district upon the
construction where less than half of the properties on the street
extending 5UU feet from the lot line of the property in question,
on both sides of the fronting street, have in existence curbs,
gutters, and sidewalks. In addition, no curbs, ;utters, and
sidewalks shall be required for a remodeling of an existing
ouilding, or an addition to an existing building which adds less
than 50 percent of the square footage existing prior to the
addition. In no event shall the cost of installation of curbs,
;utters and sidewalks exceed o0 percent of the cost of the
remodeling or addition to be added. Any Development Agreeements
existing; at tide date of enactment of this ordinance shall be
reviewed based upon the criterion set forte in this Section
5-94.01, and any suc'1 Development Agreements which do not ,meet
the criterion set forth herein small be cancelled and released by
written recordad docunent wit'lin 30 days of the effective date of
this provision.
Any owner, contractor, or developer who is aggrieved by a
decision of the Department of Public Works requiring installation
of such public improvements shall have the right to appeal said
Department's determination to the cheat Ridge City Council by
filing a written request for a public hearing before said City
Council, whim written request ;nust be received by the City Clerk
no later than 30 days after the Department of Public 'Works'
determination. The appeal described shall be determined by City
Council following public hearing after notice to all interested
parties by posting, and shall be conducted pursuant to the
procedures for public hearings as specified in the City of Wheat
Rid ,se Subdivision Regulations."
Section 2. Safety Clause. The City Council hereby finds, deter,aines,
and declares that this Ordinance is promulgated under the general
police power of the City of 4heat 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 deter:aines that the Ordinance bears a rational rela't'ion to the
proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or part
of this Ordinance or the application thereof to any person or
circumstances snall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or
invalidate the renairnder of this Ordinance or its application to other
persons or circumstances.
Section 4. This Ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 1 on
this 21st day of December 1981; ordered published in full in a
newspaper of general circulation in the City of ',dheat Ridge and Public
Hearing and consideration on final passage set for January 25, 19132,
at 7:30 o'clock p.m., at Council Chambers, 7500 Jest 29th Avenue,
(heat Ridge, Colorado.
DENIED on second and final reading by a vote of 3 for to 5 against
this 25th day of January, 1982.
HEAD, ADOPTED AND ORDERED PUBLISHED on rehearing by a vote of 8 to U
on tais 22nd day of March 1932.
SIGNED by the Ilayor on this 23rd day of March, 1932.
Frank Stites, Mayor.
ATIE3T:
Carol F .Hampf, Cit erk.
1st Publication: January 7, 19b2
2n6 Publication: April 1, 1982
,dneat Ridge Sentinel
Effective Date: April 16, 1982
APPROVED A3 TO FORi,1 BY THE OFFICE
OF CITY ATTORNEY:
C.
John E. Hayes, City Attorney