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HomeMy WebLinkAboutOrdinance-2002-1244 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. 04-2002 Ordinance No. 1244 Series of 2002 TITLE AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO IMPLEMENT ADOPTED URBAN RENEWAL PLANS WHEREAS, the City has established an urban renewal authority, pursuant to Section 31-25-101 et seq., C.R.S (the "Urban Renewal Law"); and WHEREAS, the Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the authority delegated by the Urban Renewal Law: 1. 44th Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3 38th Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans"); and WHEREAS, the Urban Renewal Law, at Section 31-25-107(8), C R S provides that upon approval by the governing body [here, the City Council I of an urban renewal plan or substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing and procedure applicable to the property covered by the plan shall be controlling with respect thereto; and WHEREAS, it is necessary to amend the Chapter 26 of the Wheat Ridge Code of Laws ("Zoning and Development") to make the Urban Renewal Plans controlling with respect to land use and development as required by the Urban Renewal Law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Section 26-106 of the Wheat Ridge Code of Laws, entitled "Review Process Chart," is amended by the addition of a vertical column under Preliminary and Final to read "URPC," the columns to read as follows' GED\53027\374805 01 Preliminary! Final I Notes I , Approval Requested URPC URPC Site Plan A , I Major Subdivision URA URA I I Minor Subdivision (with URA I dedications) Minor Subdivision (without URA dedications) Minor Plat Correction, i Amendment, Revisions Lot Line Adjustment Consolidation Plat with URA dedication I Consolidation Plat without URA I I dedication i Planned Development URA URA I Rezoning, Pnvate i URA Rezoning, City URA Zoning Correction Special Use URA Variance - Administrative A I I I Variance - Regular URA I i I Temporary Permit A I ! , I Interpretation I i Historic Designation URA Planned Building Group A 3 I , i Floodplain Permit - Class I . i I Floodplain Permit - Class II I I 3 If four or more buildings are proposed, then Urban Renewal Authority review is required. GED\53027\37480501 2 with a corresponding entry in the "key" at the bottom of the chart, to read "URPC. Urban Renewal Plan Compliance Required' if "A" is noted, administrative reView, if "URA" is noted, review by Wheat Ridge Urban Renewal Authority is required - see Section 26-226," Section 2. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of a new section 26-226, to read See, 26-226 Urban Renewal Plan Compliance The City has established an urban renewal authority pursuant to Section 31- 25-101 et seq , C R S (the "Urban Renewal Law) The Wheat Ridge Urban Renewal Authority ("WRURA") has developed and the City Council has adopted the following urban renewal plans pursuant to the Urban Renewal Law West 44th Avenue/Ward Road Redevelopment Plan 2. Wadsworth Boulevard Corridor Redevelopment Plan 3 38th Avenue Corridor Redevelopment Plan (hereinafter collectively the "Urban Renewal Plans") For the Purposes of this Section, the Urban Renewal Plans, copies of which are available for inspection and copying in the office of Planning and Development, are hereby incorporated by this reference. This Section makes the provisions of the Urban Renewal Plans, and any substantial modifications thereof, applicable to the property covered by such plans, as required by Section 31-25-107(8), C.R,S The mechanism for such compliance is described in this Section and shown on the Review Process Chart, Section 26-106 If the property for which one of the approvals listed in Section 26-106 is located within one or more of the Urban Renewal Plan areas, as shown by the duly adopted maps of such areas contained Within the Plans, the requirements of this Section (and the applicable Plan) shall apply to that property. If "A" is noted under the column "URPC" in Section 26-106, and the property is located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the Executive Director of the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section, If "URA" is noted GED\53027\374805 01 3 under the column "URPC" in Section 26-106, and the property IS located within an Urban Renewal Plan area, the "Approval Requested" shall not be acted upon at the final stage for that approval, as shown in Section 26-106, until the WRURA has reviewed the application and made a written recommendation to the final decision making person or body indicated in that Section In making their recommendations, the Executive Director and WRURA shall review the application against the provisions of the applicable Urban Renewal Plan with respect to the land area, land use, design, building requirements, timing and procedure The provisions of this Section shall not alter the final decision making authority of the person or body listed in Section 26-106, other than requiring that such person or body may not make a final decision with respect to the application until such recommendation has been received 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. Severability; Conflictino Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon passage, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 14th day of January , 2002, 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 February 11 , 2002, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado GED\53027\37480501 4 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 3 ,this 11 th day of February , 2002 SIGNED by the Mayor on this ATTEST , ~)kx4'"~J", Wanda Sang, City-€furk First Publication January 17, 2002 Second Publication. February 21, 2002 Wheat Ridge Transcript Effective Date: February 11, 2002 GED\53027\37480501 14th day of February ,2002 / -) 5