HomeMy WebLinkAboutOrdinance-1987-0718INTRODUCED BY COUNCILMEMBER Keller
ordinance No. 718
Series of 1987
TITLE: AN ORDINANCE AMENDING AND SUPERCEDING ORDINANCE NO.
488, SERIES OF 1982, AND ORDINANCE 522, SERIES OF 1983,
REQUIRING SUBMISSION OF A SITE PLAN, AND AUTHORIZING
SPECIFICATION OF USES, WITHIN THE WADSWORTH TOWN CENTER
AND THE KIPLING ACTIVITY CENTER AS DESIGNATED IN THE
WADSWORTH TOWN CENTER AND KIPLING ACTIVITY CENTER
MASTER PLANS, AND PROVIDING A PENALTY FOR VIOLATION
THEREOF.
WHEREAS the City Council of the City of Wheat Ridge adopted
the Wadsworth Town Center Master Plan at a public hearing on
January 25, 1982, by a motion of the City Council; and
WHEREAS the City Council of the City of Wheat Ridge adopted
the Kipling Activity Center Master Plan at a public hearing on
March 21, 1983, by a motion of the City Council; and
WHEREAS those Master Plans each contain 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, thereby requiring such restriction
to be implemented by the passage of an ordinance;
WHEREAS the City Council has adopted Ordinance No. 488,
Series of 1982, requiring submission of such site plan, and
authorizing specification of uses, within the Wadsworth Town
Center and has adopted Ordinance No. 522, Series of 1983,
requiring submission of a site plan and authorizing specification
of uses within the Kipling Activity Center;
WHEREAS the City Council deems it appropriate that such plan
review and consideration of specification and limitation of uses
should be made both by the Planning Commission and the City
Council.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Ordinance No. 488 is hereby repealed and
reenacted as follows:
Prior to any development within the Wadsworth Town Center
project area, as defined in the Wadsworth Town Center Master Plan
previously adopted on January 25, 1982, and as may be hereafter
amended, the owner or developer of any project within the
boundaries of said Wadsworth Town Center shall present a site
plan with the proposed uses to be made of the property for review
and approval. The plan shall first be reviewed by the Planning
Commission which shall hold a public hearing thereon. The
Planning Commission shall review said plan and shall forward to
the City Council its recommendation for approval, denial, or
approval with conditions or limitation of uses. Thereafter the
City Council shall hold a public hearing on said plan, which
public hearing shall be advertised and posted fifteen (15) days
in advance of the hearing. Authority is specifically 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 Wadsworth Town Center Master Plan
and the Urban Renewal Plan previously approved by the Council.
Action of the City Council upon said site plans shall be by
motion. The criterion for judgment of site plans and uses shall
be based on those criterion included in the Wadsworth Town Center
Master Plan which is a plan for area development and is Part A 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 thirty (30) days of the date of City
Council's action complained of.
Section 2. Ordinance No. 522, Series of 1983, is hereby
repealed and reenacted as follows:
Prior to any development within the Kipling Activity Center
project area, 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 for review and approval.
The plan shall first be reviewed by the Planning Commission which
shall hold a public hearinq thereon. The Planning Commission
shall review said plan and shall forward to the City Council its
recommendation for approval, denial, or approval with conditions
or limitation of uses. Thereafter the City Council shall hold a
public hearing on said plan, which public hearing shall be
advertised and posted fifteen (15) days in advance of the hearing.
Authority is specifically 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 the Council. Action of the
City Council upon said site plans shall be by motion. 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 thirty (30) days of the date of City
Council's action complained of.
Section 2. 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
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by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. 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 4. 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 conviction,
the court may impose a penalty in the form of a fine not to
exceed nine hundred ninety nine dollars ($999.00). 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, with all costs, expenses and
reasonable attorneys fees incurred by the City being awarded to
the City as a portion of the injunctive relief.
Section 5. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 8th day of June , 19871
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 June 22 , 1987, at
7:30 o'clock p.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 6 to 1 this 22nd day of June
1987.
1987.
SIGNED by the Mayor on this 23rd day of
June
z-~ 61
Frank Stites, Mayor
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ATTEST: r
Wanda Sang, City C rk
lst Publication: June 11, 1987 APPROVED AS TO FORM BY
2nd Publication: June 25, 1987 OFFICE OFY TTO NEY:
Wheat Ridge Sentinel: /l
Effective Date: June 26, 1987 / rr
Johil J E. Haye