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HomeMy WebLinkAboutOrdinance-1987-0727INTRODUCED BY COUNCILMEMBER JOHNSON Ordinance No. 727 Series of 1987 TITLE: AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, BY ADDING THERETO SECTION 27.3, BUILDING AND ZONING MORATORIUM, ON CERTAIN PROPERTIES LOCATED WITHIN AND ADJACENT TO THE WADSWORTH TOWN CENTER IN THE CITY OF WHEAT RIDGE, COLORADO, PENDING APPROVAL OF A WADSWORTH TOWN CENTER REDEVELOPMENT PLAN, AND PROVIDING A PENALPY FOR VIOLATION THEREOF, AND FURTHER REPEALING ORDINANCE NO. 719, SERIES OF 1987. WHEREAS, that area of the City of Wheat Ridge located generally within the boundaries of 38th to 44th Avenues and Wadsworth Boulevard to Upham Street, including those single family residences on Upham Street south of the Pay-N-Pak and north of multi-family residences, affords a significant and realistic opportunity for planned development or redevelopment on a large scale, if a unified program can be developed; WHEREAS, the City of Wheat Ridge has previously established an Urban Renewal Authority (now known as the Economic Development and Revitalization Commission), designated an urban renewal area (which urban renewal area encompasses the majority of the property above-described), and has adopted an urban renewal plan for said urban renewal area; WHEREAS, the Economic Development and Revitalization Commission ("EDARC") has selected a preferred developer for development and redevelopment of the urban renewal area previously designated; WHEREAS, EDARC, acting through its staff and consultants, is involved in negotiations with said developer relating to formulation of a development plan for the entire area, including the urban renewal area, above-described; WHEREAS, such a development would promote the public health, safety and general welfare, by, among other things, improving the business climate within the City, providing residential, park, and open space facilities and amenities to the City and its residents, rehabilitating the area above-described, which is the commercial center of the community, increasing the City's tax base, and generating revenue for the City; WHEREAS, it would be contrary to the general public's welfare to allow piecemeal development or redevelopment within the area above-described, while said negotiations are proceeding and pending preparation and adoption of a development plan for the entire Wadsworth Town Center area; and WHEREAS, it is necessary temporarily to halt further development in the area leeated w4th#a the boundaries at 38th to 44th Avenues and Wadsworth to Upham Street; Iseleslve; DESCRIBED HEREIN AS THE "MORATORIUM AREA" in order to allow for the study of the various development and redevelopment alternatives for this area, to have prepared and adopted a Wadsworth Town Center Redevelopment Plan, and to implement that Plan by passage of the necessary resolutions and ordinances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Appendix A of the Code of the Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 27.3 Building and Zoning Moratorium: Section 1. Moratorium Area. The provisions of this ordinance shall apply to that portion of the City of Wheat Ridge described as follows: All COMMERCIALLY ZONED properties lying within the boundaries of 38th to 44th Avenues, and Wadsworth Boulevard to Upham Street, #seladlsg AND those single family residences on Upham Street which lie south of the Pay-N-Pak and north of existing multi-family units. This area of land shall hereinafter be referred to as the Moratorium Area. Section 2. Building Moratorium. A. Except as provided herein, no building or other permits for buildings or other structures or for repair or alteration of existing structures may be issued by the appropriate officials covering property within the Moratorium Area. B. Any provision of this section to the contrary notwithstanding, this section shall not prohibit the issuance of a permit for the repair or alteration of an existing structure, or addition provided that the CUMULATIVE TOTAL OF SAID repairs or alterationS shall have a value of less than $25,000, including labor and materials. Section 3. Zoning Moratorium. A. No application for rezoning, except an application initiated by the City of Wheat Ridge, and no preliminary or final plats, or site development plans shall be accepted for filing by the City with respect to any property situate within the Moratorium Area. B. Any applications for rezoning, except an application initiated by the City of Wheat Ridge and any preliminary or final plats or site development plans, which 2 are pending before the Planning Commission or City Council as of the effective date of this ordinance, are hereby suspended, and shall not receive any further consideration during the time that this ordinance is effective except as provided herein. Section 4. Duration. The provisions of this ordinance shall expire by their own terms six (6) months after this ordinance takes effect, or thirty (30) days following the date of execution of a Development and Disposition Agreement with the developer previously selected as the preferred developer, whichever shall first occur. Notwithstanding the above, this ordinance may be readopted for additional nine (9) month periods by the City Council, if the Council finds, after a public hearing, that such a readoption is necessary to the preparation and implementation of the Wadsworth Town Center Redevelopment Plan, and that such extension is in the public interest and would not result in undue hardship to affected property owners, when said hardship is balanced against the general public welfare which will result from completion of redevelopment of the entire Wadsworth Town Center area. Section 5. Special Exceptions. A. The City Council shall have the power to grant a special exception to the prohibition in Section 2 hereof, and to order that a building or other permit issue where the following conditions are met: 1. A written application for the special exception must be submitted, indicating the purpose of the building permit sought to be obtained, and stating with particularity the hardship which the applicant will suffer if the special exception is not granted. 2. The City Council may grant the special exception and order the issuance of the requested building permit, if, after public hearing, it finds all of the following: a. That the issuance of a building or other permit is necessary to prevent undue hardship on the applicant; b. That the issuance of a building or other permit will not adversely affect the public interest or the purposes of this moratorium, AND WILL NOT BE ADVERSE TO THE WADSWORTH TOWN CENTER PLAN, IF SUCH A DETERMINATION CAN BE MADE AT THE TIME OF SUCH REQUEST; 3 C. That the requested building or other permit would be proper and in accordance with all of the ordinances and regulations of the City of Wheat Ridge, were this moratorium not in effect; and d. That the development sought to be accomplished pursuant to said building or other permit can be made in compliance with the terms of the executed DDA or in compliance with the Wadsworth Town Center Redevelopment Plan. B. The City Council shall have the power to grant a special exception to the prohibition in Section 3 Zoning Moratorium and to order that AN APPLICATION FOR REZONING OR a plat or site development plan be processed and considered in accordance with the provisions of Appendix A of the Wheat Ridge Code of Laws, where the following conditions are met; prey-ided that ne exeept-iess shall be eess}dered ter retes}sg matters. 1. A written application for the special exception must be submitted, indicating the purpose of the REZONING OR plat or plan to be processed, and stating with particularity the hardship which the applicant will suffer if the special exception is not granted. 2. Within thirty (30) days of receipt by the City of an application, the City Council shall hold a public hearing on the application. Notice shall have been given at least fifteen (15) days in advance of this public hearing. The owner of the property, or his agent, shall be notified by mail. Notice of said hearing shall be posted on the property and shall be published in a newspaper with general circulation within the City of Wheat Ridge, at least fifteen (15) days prior to the public hearing. 3. The City Council may grant the special exception and order the processing of the application FOR REZONING OR PLAT OR PLAN APPROVAL if it finds all of the following: a. That the granting of the request is necessary to prevent undue hardship on the applicant; and b. That the granting of the request will not adversely affect the public interest or the purposes of this moratorium, and will not be adverse to the Wadsworth Town Center Plan, if such a determination can be made at the time of such request; and c. That the processing of the request would be proper and in accordance with all of the ordinances and regulations of the City of Wheat Ridge, were this moratorium not in effect. 4 d. That the development s, accomplished pursuant to said application compliance with the terms of the executed compliance with the Wadsworth Town Center Plan, IF SUCH A DETERMINATION CAN BE MADE SUCH REQUEST. Dught to be CAN be made in DDA or in Redevelopment AT THE 'TIME OF Section 6. Appeal of City Council Action. Any applicant aggrieved by the denial of a special exception, as provided herein, may seek review of such decision by a court in the manner provided by the laws of the State of Colorado. Section 7. Any person or entity violating any of the terms of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of up to $999.99, with each day of violation constituting a separate violation. In addition, any building activities undertaken in violation of the provisions hereof, or undertaken without a building OR OTHER permit, or for work in excess of the amount set forth in Section 2(B) hereof, shall entitle the City to injunctive relief, including the power to order removal of any improvements undertaken and completed in violation of the provisions of this ordinance. In the event of the bringing of A CIVIL ACTION SEEKING SUCH injunctive relief, the City shall be entitled to recover all of its costs, expenses, and attorneys fees incurred in bringing said action. Section 2. Ordinance No. 719, Series of 1987, is hereby repealed, effective upon the effective date of this ordinance. 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 application to other persons or circumstances. Section 4. 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, 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. Section 5. This ordinance shall take effect one (1) day after final publication. 5 INTRODUCED, READ, AND ADOPTED on first 6 to 1 on this 10th day of Aujzus ordered published in full in a newspaper of in the City of Wheat Ridge and Public Heari on final passage set for Monday, August 24 7:30 o'clock p.m., in the Council Chambers, Avenue, Wheat Ridge, Colorado reading by a vote of , 1987, general circulation ng and consideration 1987, at 7500 West 29th READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 1 this 24th day of August 1987. 1987. Frank Stites, Mayor ATTEST: f Wanda Sang, City erk lst Publication: 8/13/87 2nd Publication: 9/10/87 Wheat Ridge Sentinel: Effective Date: 9/11/87 SIGNED by the Mayor on this 25th day of August APPROVED AS TO OFFICE Off} Q~rPY John t. Hayes 6 FORM BY ATTORNEY: