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HomeMy WebLinkAboutOrdinance-1982-0490)-Lt I-E4 -1 +FY-- d4j-T-E GF-3- FtJii -T3- 5~ -A:rA 4GT- ZU F F1 #1 L~i1 L FI & FT L-2~1ii L r~ -3 ~ iF l} 3 L~ L ~I 114TRODUCED BY COU JCILIMEHBER DAVIS ORDINANCE NO. 490 Series of 1931 TITLE: AN URDINANCE Ai1ENDING CHAPTER 5, BUILDINvs, SECTIOiJ 5-94 JF THE CODE OF LA,4S of THE CITY OF WHEAT RIDGE 3Y ADDINII SECTION 5-94.01 PUBLIC IAPRJVEAENTS REQUIRED. BL IT ORDAINED 3Y THE CITY COUNCIL OF TAE CITY OF ad EAT RID.IE, COLORADO, TiIAT: Section 1. Section 5-94 of the Code Ji Laws of the City of 'Wheat Ridge is hereoy amended oy adding thereto the following additional section: "Section 5-94.01. Public Iaprovements Required. Applications for building permits shall be reviewed by the Department of Public 4orks to determine whether the proposed construction will require the installation or construction of public iiprove_nents, such as street paving, curbs, ?utters, sidewalks, drainage facilities, or other public improvements as may be required by ordinance or Subdivision Regulations. If' it is determined by the Depart;iient of Public Works that any such public improvements are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction (such as, merely by way of illustration and not by way of limitation, drainage, traffic, street continuity) the Department of Public 4orks shall so inform the Building Official, and in sucYi event a condition shall be inserted in the building per.ait which shall require the construction of such public ifnprove(nent or public improvements by the property owner and the dedication thereof to the City. All such improvements are to be constructed in full compliance with the City of Wheat Ridge Engineering Regulations, Uesign Standards and Construction Specifications. The cost of any such iaproveiaents shall be borne by tide property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to tae provisions of any applicable city ordinance, regulations or policies. Failure to construct any such required public improvements shall entitle the City to withhold any certificate of occupancy. If it is determined by the Department of Public '4orks that such Public I.nprovements be placed at a later tirae, a Development Agreement shall be executed. Notwitnstanding any other provision of this section or of the Wheat Ridge Code of Laws, the installation of curbs, gutters, and sidewalks shall not be required in any district upon the construction where less than half of the properties on the street extending 5UU feet from the lot line of the property in question, on both sides of the fronting street, have in existence curbs, gutters, and sidewalks. In addition, no curbs, ;utters, and sidewalks shall be required for a remodeling of an existing ouilding, or an addition to an existing building which adds less than 50 percent of the square footage existing prior to the addition. In no event shall the cost of installation of curbs, ;utters and sidewalks exceed o0 percent of the cost of the remodeling or addition to be added. Any Development Agreeements existing; at tide date of enactment of this ordinance shall be reviewed based upon the criterion set forte in this Section 5-94.01, and any suc'1 Development Agreements which do not ,meet the criterion set forth herein small be cancelled and released by written recordad docunent wit'lin 30 days of the effective date of this provision. Any owner, contractor, or developer who is aggrieved by a decision of the Department of Public Works requiring installation of such public improvements shall have the right to appeal said Department's determination to the cheat Ridge City Council by filing a written request for a public hearing before said City Council, whim written request ;nust be received by the City Clerk no later than 30 days after the Department of Public 'Works' determination. The appeal described shall be determined by City Council following public hearing after notice to all interested parties by posting, and shall be conducted pursuant to the procedures for public hearings as specified in the City of Wheat Rid ,se Subdivision Regulations." Section 2. Safety Clause. The City Council hereby finds, deter,aines, and declares that this Ordinance is promulgated under the general police power of the City of 4heat 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 deter:aines that the Ordinance bears a rational rela't'ion to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances snall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the renairnder of this Ordinance or its application to other persons or circumstances. Section 4. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 1 on this 21st day of December 1981; ordered published in full in a newspaper of general circulation in the City of ',dheat Ridge and Public Hearing and consideration on final passage set for January 25, 19132, at 7:30 o'clock p.m., at Council Chambers, 7500 Jest 29th Avenue, (heat Ridge, Colorado. DENIED on second and final reading by a vote of 3 for to 5 against this 25th day of January, 1982. HEAD, ADOPTED AND ORDERED PUBLISHED on rehearing by a vote of 8 to U on tais 22nd day of March 1932. SIGNED by the Ilayor on this 23rd day of March, 1932. Frank Stites, Mayor. ATIE3T: Carol F .Hampf, Cit erk. 1st Publication: January 7, 19b2 2n6 Publication: April 1, 1982 ,dneat Ridge Sentinel Effective Date: April 16, 1982 APPROVED A3 TO FORi,1 BY THE OFFICE OF CITY ATTORNEY: C. John E. Hayes, City Attorney