HomeMy WebLinkAboutOrdinance-1983-0522INTRODUCED BY COUNCILMEMBER Burt
ORDINANCE NO. 522
Series of 1983
TITLE: AN ORDINANCE REQUIRING SUBMISSION OF A SITE PLAN, AND AUTHORIZING
SPECIFICATION OF USES, WITHIN THE KIPLING ACTIVITY CENTER, AS
DESIGNATED IN THE KIPLING ACTIVITY CENTER MASTER PLAN, AND PROVIDING
A PENALTY FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, THAT:
WHEREAS, the City Council adopted the Kipling Activity Center Master Plan at a public
hearing on March 21, 1983, by a motion of the City Council; and
WHEREAS, that Master Plan contained a requirement for site plan review and a review of
proposed uses of any new development, which comes under the category of a limitation on
the use of private property; said restriction should be implemented by the passage of
an ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE:
Section 1. Prior to any development within the Kipling Activity Center, as defined in
the Kipling Activity Center Master Plan previously adopted and as may be hereafter
amended, the owner or developer of any project within the boundaries of said Kipling
Activity Center shall present a site plan with the proposed uses to be made of the
property to the City Council for review and approval. The hearing shall be advertised
and posted for the public hearing 15 days in advance and shall be decided upon by
Council motion. Authority is granted to the City Council at such hearing to limit uses
and approve, modify or reject site plans for the purpose of implementing the policies
stated in the approved Kipling Activity Center Master Plan, and the Urban Renewal Plan
previously approved by Council. The criterion for judgment of site plans and uses
shall be based on those criterion included in the Kipling Activity Center Master Plan
which is a plan for area development and is Part B of Section IX of the Wheat Ridge
Comprehensive Development Plan. Any party aggrieved by a decision of the City Council
pursuant to this section may appeal said decision to the Jefferson County District
Court within 30 days of the date of City Council's action complained of.
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,
and 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, which is the orderly and unified development of the Kipling Activity Center
so as to provide for a complete, unified shopping and community center which will
stabilize the sales tax base of the City of Wheat Ridge and serve as a central and focal
development within the City of Wheat Ridge.
Section 3. Penalty Clause. Any person, firm, partnership, individual, corporation or
entity violating any of the terms or provisions of this ordinance, whether by attempting,
commencing or completing development without prior submission of a site plan, or by
failing to adhere to any of the provisions of an approved site plan, or by violating
any other provision of this ordinance, shall be guilty of a misdemeanor. Upon con-
viction, the court may impose a penalty in the form of a fine not to exceed $300.00,
imprisonment not to exceed 90 days, or both such fine and imprisonment. In addition,
the City shall be entitled to enforce the provisions of this ordinance through injunctive
relief as obtained from the Jefferson County District Court.
Section 4. 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.
ORDINANCE NO. 522 PAGE TWO
Section 5. This ordinance shall take effect immediately.
INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 0 on this
28th day of February , 1983; 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 March 21 , 1983, 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 6 to
2 on this 21st day of March , 1983.
SIGNED by the Mayor on this 23rd day of March 1983.
r
1ZCF.
FRANK STITES, MAYOR
ATTEST:
~J
Y
Wanda Sang, C'ty C1 k
1st publication: March 3 1983
2nd publication: March 3i, 1983
Wheat Ridge Sentinel
Effective Date: March 22, 1983
APPROVED AS TO FORM BY OFFICE
OF THE CITY ATTORNEY:
Joh Hayes i
Ci Attorney /