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HomeMy WebLinkAboutOrdinance-1986-0658INTRODUCED BY COUNCILMEMBER FLASCO ORDINANCE NO. 658 Series of 1986 TITLE: AN ORDINANCE AMENDING SECTION 5-94.1 PUBLIC IMPROVEMENTS REQUIRED OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1: Section 5-94.1 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 5-94.1. Public improvements required. (a) Applications for building permits shall be reviewed by the department of public works to determine whether the proposed construction will require the installation or construction of public improvements such as street paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as may be required by ordinance or the subdivision regulations. (b) If it is determined by the department 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 works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement 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, Design Standards and Construction Specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the 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. (c) If it is determined by the Department of Public Works, AFTER CONSIDERATION OF THE FACTORS SET FORTH IN SUBSECTION (e) HEREOF, that such public improvements be placed at a later date, a development agreement shall be executed. (d) IN NO EVENT SHALL INSTALLATION OF CURBS, GUTTERS, OR SIDEWALKS, NOR EXECUTION OF A DEVELOPMENT AGREEMENT, BE REQUIRED IF THE COST OF INSTALLATION OF SAID CURBS, GUTTERS AND SIDEWALKS EXCEEDS TEN PERCENT (10%) OF THE COST OF THE BUILDING PERMIT VALUE. (e) THE DEPARTMENT OF PUBLIC WORKS MAY DETERMINE THAT PUBLIC IMPROVEMENTS NEED NOT BE IMMEDIATELY INSTALLED IF ANY OF THE FOLLOWING CONDITIONS ARE MET: (1) The installation of curbs, gutters and sidewalks MAY not be required in any diatr4eh upon the eenat"etien where less than half of the properties on the street extending five hundred feet (500') from the lot line of the property in question, on both sides of the fronting street, have in existence curbs, gutters and sidewalks; (2) No curbs, gutters and sidewalks MAY be required for a remodeling of an existing building, or an addition to an existing building which adds less than fifty percent (50%) of the square footage existing to the prior to the addition; (3) INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE. IN ANY SUCH EVENT, A DEVELOPMENT AGREEMENT SHALL BE SIGNED BY THE OWNER OF THE PROPERTY, PURSUANT TO THE SUBDIVISION REGULATIONS OF THE CITY OF WHEAT RIDGE, WHICH DEVELOPMENT AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT FOR TEN (10) YEARS FROM THE DATE OF EXECUTION BY THE PROPERTY OWNER, UNLESS SOONER RELEASED OF RECORD BY THE. CITY. (f) 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 Wheat Ridge City Council by filing a written request for a public hearing before said city council, which written request must be received by the city clerk no later than thirty days after the department of public works' determination. The appeal described shall be determined by the 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 Ridge Subdivision Regulations. (g) Each applicant for a building permit shall be provided a copy of this ordinance at the time of application for said building permit. 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. 2 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 application to other persons or circumstances. Section 4. This ordinance shall take effect fifteen (15) day after final publication. INTRODUCED, READ, AND ADOPTED on first _8 to 0 on this 24rh day of FPhr„a, ordered published in full in a newspaper of in the City of Wheat Ridge and Public Heari on final passage set for March 24 7:30 o'clock p.m., in the Council Chambers, Avenue, Wheat Ridge, Colorado reading by a vote of y , 1986, 9general circulation ng and consideration 1986, at 7500 West 29th READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 this 24th day of March . 1986. 1986. ATTEST: Frank Stites, Mayor Wanda Sang,' C ty C rk 1st Publication: 2/27 & 3/6/86 2nd Publication: 3/17/86 Wheat Ridge Sentinel: Effective Date: May 2, 1986 SIGNED by the Mayor on this 25th day of March APPROVE TO FORM BY OFFIC 0 ORNEY: 14,1 Jo E. Hay s 3