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HomeMy WebLinkAboutOrdinance-1983-0522INTRODUCED BY COUNCILMEMBER Burt ORDINANCE NO. 522 Series of 1983 TITLE: AN ORDINANCE REQUIRING SUBMISSION OF A SITE PLAN, AND AUTHORIZING SPECIFICATION OF USES, WITHIN THE KIPLING ACTIVITY CENTER, AS DESIGNATED IN THE KIPLING ACTIVITY CENTER MASTER PLAN, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, THAT: WHEREAS, the City Council adopted the Kipling Activity Center Master Plan at a public hearing on March 21, 1983, by a motion of the City Council; and WHEREAS, that Master Plan contained a requirement for site plan review and a review of proposed uses of any new development, which comes under the category of a limitation on the use of private property; said restriction should be implemented by the passage of an ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Prior to any development within the Kipling Activity Center, as defined in the Kipling Activity Center Master Plan previously adopted and as may be hereafter amended, the owner or developer of any project within the boundaries of said Kipling Activity Center shall present a site plan with the proposed uses to be made of the property to the City Council for review and approval. The hearing shall be advertised and posted for the public hearing 15 days in advance and shall be decided upon by Council motion. Authority is granted to the City Council at such hearing to limit uses and approve, modify or reject site plans for the purpose of implementing the policies stated in the approved Kipling Activity Center Master Plan, and the Urban Renewal Plan previously approved by Council. The criterion for judgment of site plans and uses shall be based on those criterion included in the Kipling Activity Center Master Plan which is a plan for area development and is Part B of Section IX of the Wheat Ridge Comprehensive Development Plan. Any party aggrieved by a decision of the City Council pursuant to this section may appeal said decision to the Jefferson County District Court within 30 days of the date of City Council's action complained of. 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, and 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, which is the orderly and unified development of the Kipling Activity Center so as to provide for a complete, unified shopping and community center which will stabilize the sales tax base of the City of Wheat Ridge and serve as a central and focal development within the City of Wheat Ridge. Section 3. Penalty Clause. Any person, firm, partnership, individual, corporation or entity violating any of the terms or provisions of this ordinance, whether by attempting, commencing or completing development without prior submission of a site plan, or by failing to adhere to any of the provisions of an approved site plan, or by violating any other provision of this ordinance, shall be guilty of a misdemeanor. Upon con- viction, the court may impose a penalty in the form of a fine not to exceed $300.00, imprisonment not to exceed 90 days, or both such fine and imprisonment. In addition, the City shall be entitled to enforce the provisions of this ordinance through injunctive relief as obtained from the Jefferson County District Court. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect. impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ORDINANCE NO. 522 PAGE TWO Section 5. This ordinance shall take effect immediately. INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of February , 1983; 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 March 21 , 1983, at 7:30 o'clock P.M. at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 2 on this 21st day of March , 1983. SIGNED by the Mayor on this 23rd day of March 1983. r 1ZCF. FRANK STITES, MAYOR ATTEST: ~J Y Wanda Sang, C'ty C1 k 1st publication: March 3 1983 2nd publication: March 3i, 1983 Wheat Ridge Sentinel Effective Date: March 22, 1983 APPROVED AS TO FORM BY OFFICE OF THE CITY ATTORNEY: Joh Hayes i Ci Attorney /