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
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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;
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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.
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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.
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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
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FORM BY
ATTORNEY: