HomeMy WebLinkAboutOrdinance-2006-1369
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 19-2006
Ordinance No. 1369
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTION 26-623 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL
WHEREAS, the City Council of the City of Wheat Ridge is authorized pursuant to
Article XX of the Colorado Constitution, the Wheat Ridge Home Rule Charter and
Section 31-23-101, et seq of the Colorado Revised Statutes to adopt and amend from
time to time regulations concerning the control of land development; and
WHEREAS, the scope of such regulations includes excavation and deposit
control, and
WHEREAS, the Wheat Ridge City Council has previously exercised this authority
by the enactment of Wheat Ridge Code of Laws Section 26-623, and
WHEREAS, the City Council has provided in Wheat Ridge Code of Laws Section
26-114, a procedure for a review of uses classified as "special uses;" and
WHEREAS, major land fill and excavation control operations, as defined by Code
Section 26-623 C are permitted as speCial uses, and
WHEREAS, it is necessary to amend Code Section 26-623 C to bring the
procedure for review of major landfill and excavation control operations as a special use
within the uniform procedure for review of special uses set forth in Section 26-114
NOW, THEREFORE, BE IT ORDAINED by the Wheat Ridge City Council, that:
Section 1 Code Section 26-623.C. Amended
The introductory paragraph and subparagraph 7 of Section 26-623.C of the Code
of Laws are amended to read as follows
C. Major landfill and excavation control operations.
Dumping, landfill and/or extraction operations which
exceed twenty thousand (20,000) cubic yards may be
allowed in any zone district only by special use permit
requiring public he3rings before the planning commission
and city council under section 26-114 Such deposit or
extraction of earth, sand, gravel, rock, minerals, broken
concrete or broken asphalt or other similar resources,
and/or storage thereof, are subject to the following
conditions. (In cases of isolated or unusual
characteristics of the operation or the location thereof,
partial waiver of these requirements may be made by tho
city council) A special use permit may be issued for a
period of time not to exceed one (1) year and may be
renewed by city council upon written request:
1 Application
7 The city council specifically reserves the right to
approve, approve with conditions, or deny special use
permits for major landfill and excavation control
operations based upon evaluation of the proposal
relative to the criteria for review set forth in section
26-114
Section 2. Severabilitv; ConflictinQ 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 3. Effective Date. This ordinance shall take effect immediately upon final
adoption.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
o on this 24th day of July , 2006, 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 August 28 , 2006, at 7:00
o'clock pm, 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 7 to 0 ,this 28th day of August , 2006
SIGNED by the Mayor on this 79th day of
ATTEST:
\ ~~?~ ~ G oC~r--
'''-par;., Anderson, City Clerk
First Publication: July 27, 2006
Second Publication: August 31, 2006
Wheat Ridge Transcript
Effective Date: August 28, 2006
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Approved As To Form
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