HomeMy WebLinkAboutOrdinance 2009-1436
TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 12·2009 Ordinance No. 1436 Series of 2009 AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS TO REQUIRE PROOF OF ADEQUATE WATER SUPPLY FOR CERTAIN NEW DEVELOPMENTS. (Case No. ZOA·Oa·04) WHEREAS, the purpose and intent of Chapter 26 of the Wheat Ridge Code of Laws
is, in part, to facilitate adequate provision for water; sewage, schools, parks and other public improvements; and WHEREAS, H.B. 08·1141, which became effective on May 29,2008, requires
local governrnents to require the applicant to provide proof of sufficient water supply before approving any new development that includes a new water use in excess of that used by fifty
single-family equivalents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-103 of the Wheat Ridge Code of Laws, entitled
"Site development review process," is hereby amended by the addition of a new subsection E, which which shall read as follows: E. All site development that includes new water use in
an amount more than that used by fifty single-farnily equivalents shall provide, concurrently with the first application for any of the approvals listed in the review process chart,
section 26-106, evidence that the water supply proposed to serve the development will be sufficient in terms of quality. quantity, dependability and availability to provide a supply
of water for the type of development proposed. which may include reasonable conservation measures and water demand management measures to account for hydrologic variability. The City's
determination as to whether the proposed water supply is adequate to serve the proposed development shall be based upon: (i) evidence that the development will be served by a public
water supply entity currently providing treated water service within the City. which district has been operating within the City for no less than ten (10) years prior to the date of
application for approval of the site development; (ii) if reguested by the City, a letter frorn the state engineer commenting on such documentation; (iii) whether the applicant has paid
to a water supply entity (as defined in C.RS. § 29-20-302) a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed
development; and (iv) any other information deemed relevant by the City. including, without limitation, any information reguired to be submitted by the applicant pursuant to this Chapter
or state statutes. The City shall not approve such developrnent application unless it finds, in its sole discretion and after considering the application and all of the information provided,
that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. The City
shall make its determination concerning adequate water supply only once durinq the development permit approval process unless the water demands or supply of the specific project for
which the development permit is sought are materially changed. 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. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED,
READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of March, 2009, 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 Monday, March 23, 2009, at 7:00 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 7 to a ,this 23rd day of March , 2009. SIGNED by the Mayor on this 23rd ~ Michael Snow, City Clerk First Publication: March
12, Second Publication: March 26, 2009 Wheat Ridge Transcript day of-7'f""-"'~_~ __ ' 2009. Gerald E. Dahl, City Attorney Effective Date: Upon recordation of the annexation ordinance
and map of the Recorded on: area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31-113. 2