HomeMy WebLinkAboutOrdinance 2009-1433
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 07-2009 Ordinance No. 1433 Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-311 OF
CHAPTER 26 CONCERNING AMENDMENTS TO DEVELOPMENT PLANS IN PLANNED ZONING DISTRICTS (CASE NO. ZOA-08-07) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home
Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of
the City of Wheat Ridge finds that the proposed amendments provide a useful tool to encourage redevelopment in current and future planned developments. NOW THEREFORE BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-311 of the Code is amended to read: Sec. 26-311. Amendments to development plans. A. The procedures and requirements
for amending an approved development plan (outline or final) shall be the same as prescribed for original approval, except as provided for under subsection (C) below. All for amendment
to an outline development plan must be approved in writing II all owners of real property contained within the area originally approved by the outline development plan, unless specific
alternative provisions have been approved by city counCil .. a.s part Of. the u..n i .fied agreemen.t .A.ll. a.. -.'!illendment}O a final development plan must be approved
m wntmg BY:.. 'c.;* _W:ilm:IlIlE1!IIlD all OWRers of real property aRel ovmffi.s of iRterest provisions for access, drainage,
ancl/or circulation, affected property owners must consent to the application for amendment in writing. B. Outline development plan amendments. Amendments to the underlying outline development
plan are required and will be processed the same as prescribed for original approval if anyone (I) of the following is proposed: 1. Increase in the gross floor area of structures beyond
the authorized maximum allowed on the approved outline development plan. 2. Proposed land uses are not permitted on the approved outline development plan. 3. Increase in density or intensity
of use. 4. Decrease in perimeter setbacks. 5. Reduction in required buffer areas. 6. Increase in height of any structures. C. Final development plan changes. A final development plan
may vary from the approved outline
development plan so long as the thresholds for an outline development plan amendment are not met as set forth in subsection B above. Variations include, but are not limited to, re-orienting
buildings and parking lots, changes in landscaping areas, changes in architectural details, changes to interior setbacks and similar changes that do not affect neighboring properties
or the overall character of the development. At no time can approval of a final development plan result in any increase beyond a maximum development standard or any decrease below a
minimum development standard listed on the outline development plan. If any of these conditions occurs, the outline development plan must be amended as described in subsection B. Once
a final development plan is recorded, any amendment requested that complies with the limitations of this subsection B shall be processed in the manner prescribed for original approval.
D. Any changes or revisions to an outline or final development plan which are approved, either administratively or by city council action, must be recorded with the Jefferson County
Recorder as amendments to the original recorded development plan subject to the deadline provisions of subsection 26-308.D.4.d. E. Variances. Variances to the strict application of development
standards established by an outline development plan may be requested only for properties within single-and two-family planned residential developments, following the applicable administrative
or non-administrative variance process as prescribed in section 26-115. (Ord. No. 2001-1215, § 1,2-26-01; Ord. No. 1319, § 1,4-12-04; Ord. No. 1383, § 6, 5-14-07) 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: Conflicting Ordinances Repealed. If any
section, subsection or clause ofthe 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 the 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 8 to 0 on this 23rd day of February, 2009, 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 Monday, March 9, 2009, at 7:00 o'cIockp.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 -.L..., this.JillL day of March ,2009. SIGNED by the Mayor on this 9th ATTEST: Michael Snow, City
Clerk First Publication: February 26, 2009 Second Publication: March 12, 2009 Wheat Ridge Transcript: Effective Date: March 27, 2009 _-"'M".a=-rc"'h"--___ ,,2009. Gerald E. Dahl, City
Attorney