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HomeMy WebLinkAboutOrdinance-2004-1326 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER RFRRY Council Bill No 10-2004 Ordinance No 1326 Series of 2004 TITLE AN ORDINANCE ENACTING NEW ARTICLE IV OF CHAPTER 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING STREET ACCESS PERMITS WHEREAS, the City Council of the City of Wheat Ridge has all power and authority to enact ordinances for the preservation of the public health, safety and welfare, and WHEREAS, the City Council also has authority to provide for the laying out, construction, and regulation of access to and use of public streets within the City: and WHEREAS, the City Council deems it necessary to provide procedures and criteria for application of and design of access to public streets by developments within the City and those located adjacent to the City which propose to access and use City streets NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. A new article IV of Chapter 21 of the Wheat Ridge Code of Laws is hereby enacted to read as follows ARTICLE IV. STREET ACCESS PERMITS Sec. 21-110. Purpose. The number, spacing, type and location of vehicular access have a direct and often significant effect on the capacity, speed and safety of public streets The director of public works is hereby authorized to regulate vehicular access to or from any public street within the city to or from property adjoining such street in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain right-of-way drainage, and to protect the functional level of public streets For the purposes of this article, "street' shall include all public rights of way within the city which are designed or used for travel by motor vehicles GED\53027\472258.4 - - Sec. 221-111. Scope. This article applies to all developments within the city, as well as those on property adjacent to the city which propose to rely, in whole or in part, on access to and/or use of public streets within the city The requirements of this article must be satisfied prior to construction of access to or use of any street within the city which is designed or used for travel by motor vehicles Notwithstanding the foregoing, the following developments are not subject to the requirements of this article a) Any new street access that is approved as part of any land use application b) Street access required for one (1) single-family residence dwelling or one (1) two-family dwelling c) Street access required for any new use where the increase in traffic does not exceed 20% of the traffic generated by the previous use Sec. 21-112. Access permit required; procedure. A permit for each proposed street access must be obtained from the director of public works Applications shall be submitted to the director on forms maintained in the department of public works Applications shall contain, at a minimum a) Name, address, telephone, telecopy and e-mail address of applicant(s) b) Streets to which access is requested, including the location of each proposed access point. c) Proposed design of access point and connection, including all proposed improvements, traffic control devices and turning movements d) Traffic impact report or study, if required by the director Sec. 21-113. Review criteria. Approval, conditional approval or denial of a street access permit is within the sole discretion of the public works director The director shall consider the following criteria is reaching a decision a) Access service to abutting land is subordinate to providing service to through traffic movements b) The proposed access creates a safety or operational problem to the street or street system c) Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4) d) Access to a freeway, arterial or collector street shall occur only at locations approved by the director of public works e) The property has no other access to a public street. GED\53027\4 72258.4 2 - f) The additional access will cause a hardship to an adjacent property or will negatively impact the street system g) The proposed access is in conformance with the requirements or standards of this Code Sec. 21-114. Appeals. The applicant may appeal conditions of approval or a denial of a street access permit by filing a written notice of appeal with the City Clerk, listing the reasons therefor within ten (10) days of issuance of the approval or denial The city council shall conduct an administrative appeal hearing, upon ten days notice to the applicant by telecopy or first class mail At the hearing, the applicant and the public works director may present evidence The council's decision shall be rendered within fifteen days after the conclusion of the hearing, shall be final and subject to review in the district court pursuant to Rule 106, CRCP Sec. 21-115. Requirements. The requirements of this section are necessary to ensure that all City streets will continue to function at the level present prior to construction of the new access a) Any request for access may require the party requesting the access to construct such improvements to the street system which will mitigate the negative impact of the access on the capacity, speed or safety of the street system b) A traffic study shall accompany all requests for access onto arterial and collector streets unless waived by the public works director 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: Conflictina Ordinances Repealed 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 GED\53027\4 72258.4 3 - INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14th day of Tllnp , 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 June 28, 2004 , 2004, at 7'00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED reading by a vote of 7 to 1 this June ,2004 on second and final 28th day of SIGNED by the Mayor on this 2004 ~ ~ - amela Anderson, City Clerk ~~m~ Gerald E. Dahl, City Attorney First Publication June 17, 2004 Second Publication July 1, 2004 Wheat Ridge Transcript Effective Date July 16, 2004 GED\53027\472258.4 4