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HomeMy WebLinkAboutOrdinance-2004-1323 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2004 Ordinance No. 1323 STITES Series of 2004 TITLE AN ORDINANCE AMENDING SECTION 26-103 OF WHEAT RIDGE CODE OF LAWS CONCERNING SUBMITTAL OF APPLICATIONS SUBJECT TO THE DEVELOPMENT REVIEW PROCESS THE THE SITE WHEREAS, the Code of Laws provides that application for site development approval may be made by the record title owner (or agent) of the subject property as well as governmental and quasi-governmental agencies; WHEREAS, the Council wishes to limit the circumstances in which site development applications may be made to only the owner of the property NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Section 26-103 Subsection D of the Code of Laws is amended to read. Sec. 26-103. Site development review process. A.. . D. All applications for approval of site development pursuant to this Chapter shall be accompanied by proof of ownership by the applicant of the subject property. Such proof may take the form of a recorded deed, a title commitment, or written permission from the owner(s) where an agent acts on their behalf. In the case of application for special use permit, both the owner of the property and proposed special use must join in the application. ^ governmental or quasi governmental :lgency may :lpply for site development :lpproval prior to becoming the owner of the subject property only if all of the following conditions :lre met: 1. The agency haG form:llly exprecsed, in vmtlng, itc intent to develop or facilit:lte the development of the subjoct property in :lccord:lnce with the cite do,,{elopment approval being Gought. 2. The agency h::Js given written notice to the record title owner of its intent to make the site development application. 3. Any final site dm:elopment approval shall expire si)(ty (60) days after its being granted unless the agency provides G::Jtisfactory evidence th::Jt it haG ::Jcquired ownership of the subject property to the expiration of that poriod. 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, 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 3. Severability; ConflictinQ Ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to o on this 26th day of April , 2004, 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 May 10 , 2004, at 7 00 o'clock p.m., in the 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 10th day of May , 2004. SIGNED by the Mayor on this 11 th day of May ,2004. '-- -f\-, ' _ ~ ;_ , ~ ~ j . .( \....~_ (: /" z / ."..< ,I Gretchen Cerveny, Mayor ATTEST. I ( C~'v..J.......j,Y_ '"- tl.,<~. ,,-~-,,---~ Pamela Y. Anderson, City Clerk 2 First Publication: April 29, 2004 Second Publication. May 13, 2004 Wheat Ridge Transcript Effective Date: May 28, 2004 ~:;J~J@ Gerald E. Dahl, City Attorney 3