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HomeMy WebLinkAboutOrdinance-1985-0628INTRODUCED BY COUNCIL MEMBER pAVIS ORDINANCE NO. 628 Series of 1985 TITLE: AN ORDINANCE REQUIRING SUBMISSION OF A SITE PLAN, AND AUTHORIZING SPECIFICATION OF USES, WITHIN THE FRUITDALE VALLEY NEIGHBORHOOD AS DESIGNATED IN THE FRUITDALE VALLEY MASTER PLAN, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: WHEREAS, the City Council adopted the Fruitdale Valley Master Plan at a public hearing on May 13, 1985, by a motion of the City Council; and WHEREAS, that Master Plan contained a requirement for site plan review and a review of certain proposed uses and site design, 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. With any request for rezoning or special use permit for multifamily, office, or commercial uses within the Fruitdale Valley Neighborhood, as defined in the Fruitdale Valley Master Plan previously adopted and as may be hereafter amended, the applicant of any such proposal within the boundaries of said Neighborhood shall present a site plan with the proposed uses to be made of the property to the Planning Commission and City Council for review and approval. Such site plan shall be reviewed at the same time as a request for rezoning or special use permit and shall be considered a condition of approval, if the request is approved. 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 Fruitdale Valley Master Plan. The criterion for judgment of site plans and uses shall be based on those criterion included in the Fruitdale Valley Master Plan which is a plan for area development and is Part C 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 decisions to the Jefferson County District Court within 30 days from the date of City Council's action. 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 planned development of the Fruitdale Valley Neighborhood so as to provide for more compatible uses and improved building and site design which will promote neighborhood stabilization and prevent damaged property values and conditions of blight. Section 3. 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. Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of June , 1985, 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 July 22 , 1985, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Ordinance No. 628 Page 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 22nd day of July , 1985. SIGNED by the Mayor on this 23rd day of July , 1985. Wanda Sang, City`,,Clerk 1st Publication: June 27, 1985 2nd Publication: July 25, 1985 Wheat Ridge Sentinel Effective Date: August 9, 1985 .t. FRANK STITES, MAYOR APPROVED AS TO-FORM BY CITY ATTORNEY: JOHN HAYES, CITY-ATT©}NEY Q f.