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Home My WebLink AboutOrdinance 2008-1418 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 14-2008 Ordinance No. --1ltl8 Series of 2008 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2008 SPECIAL ELECTION, CONCERNING AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has the authority to refer ballot questions to the electorate; and WHEREAS, the Council wishes to refer a ballot question amending the City Charter to provide for limitations upon building height and residential density to be as set forth in the City Zoning and Development Code; and WHEREAS, the Council wishes to set the title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot auestion referred. The following ballot question is hereby referred to the electorate of the City at the November 4, 2008 election: SHALL THE CITY OF WHEAT RIDGE AMEND ITS HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE? Yes: No: Full Text of Amendment Amend Section 5.10.1 ofthe Charter as follows: Sec. 5.10.1 Building height and density limitations. LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY SHALL BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. ,;~ h ~ .t ^ .,:,7 ~ 2 ta-tAs IT.sar. i:;sight le':el between eO\'3:: ar.-j ri€lge for a ga'::'::, t:ip, goml:lrel ::~ ::~t.::r ::eet- (2) ResiGlcmt.jat: Intended f::~ !-/dr.".er. 9Gsu;::ar.s)', :~::I:JElir.;J hemes for the a~ed and nursing h::mes, but exeluding hospitals, and motels and hotels for transient o::I.:;:aney,- (3) Famify unit: One (1) or more pe~:::~s ~:Iated !3y !3lood, r2~~;::~, ::r aElaj:)1is~, ::r n::J more than three (3) unreldt~J pcr.5eflS living togetr.e as a singls housekeepin~ unit. This definition is intomled to be utilizes ar.a applied only as a standard fer computin~ mal:im<J1T. as:13ity in new, fffill~kx:it :::onstruc.tisr.; :t ::,"1::11 r.'Jt, unless rcenac.ted as a portion of the Wh3& f'::JJe Co€le of Laws, bs utiliii!:::d for any purpose CJCeept density computatisr.:: :J~4eF tt.i: ~er ::aetis~. If :: sbWe housekeepin~ L'~:t ;: g:Jsigned for the use of more t~a~ ~r..ree (3) t:~~S~&3'" /lsrs::ms, such ac, ~ut not limited ts, ~~;c h.:mElic-aPl'le€l or elderly, e:;::J; t:-;;'oe (3) persor,c ;r. a1.Y sl;d: <Jnit :;..":311 constitute one '1) f ., .. 't \ a:T.X) :Jr.1 . (<I) .^!oneonformf.ng sfruew:-€:;. -::I~i::. a;'.;.;.:mdment applies only to now constru:tisn; buildin€ls am! s~t.ar Stf<J:tl;f:JS le€lally in existens:: at tI~s time--:f I'laesage of t~,:" Qm;)ndmer~ :~a')' not !3ecome nonconfs~~;~€l because of the adoption of these new density and height limits. <:) Variances. The boar<l of adjustment shall ha':.o the power to interpret terms and definiticr.s :;; ~l;:3 a;-;-;aOO:T,cr?, :::1d to allow a variaAce ts r:;::x:;;;<J:>. i:!cigr?, hat ta 8*Geea ~::r. ~1 0) f3ercent, upon a finding that not granting the ':ariance would cause an eJEtrcme hardship. The city Goun.J.: Qc.d other boarEls may nat ijf;:;rtt variances from these stafl::la~::!c, l;ut nothir;; :~ ~f:is :::r::ndme:-? :~a')' 1:::: ::onstrued t: I:~it ~-he council fr-om imf3osin~ more stringent height and density stan€lards in ~. :s:-i,r.;J district. Section 2. Ballot Title Set. The ballot title for the election is hereby set as follows: Ballot Title: AMENDING THE WHEAT RIDGE HOME RULE CHARTER TO PROVIDE FOR LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE. Section 3. Challenaes to ballot title and conten~. For purposes of C.R.S. 9 1- 11-203.5 and 9 31-10-1308(2), this Ordinance shall serve to set the title and content of 3 the ballot issue set forth herein. Any petition to contest the form or content of the ballot title must be filed with the Jefferson County District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council upon final adoption of this Ordinance on second reading. Section 4, Safetv 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. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7-0 on this 11th day of August, 2008, 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 August 25, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it take effect immediately upon adoption at second reading. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of <; to 3 , this 25th day of August, 2008. SIGNED by the Mayor on this ?'i1ch day of A"O'"d' 4~ ((};u)~ Jet'!;U;,;:' ,2008. 4 ATTEST: ~ Michael Snow, City Clerk First Publication: August 14, 2008 Second Publication: August 28, 2008 Wheat Ridge Transcript Effective Date: Augus t 25, 2008 AP~AS To For~Ll /V7 !j1)uPl ffJ04M Ger~E. Dahl, City Attorney 5