HomeMy WebLinkAboutOrdinance 1634CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
Council Bill No. 02
Ordinance No. 1634
Series 2018
TITLE: AN ORDINANCE EXTENDING THE TEMPORARY
MORATORIUM ON THE SUBMISSION, ACCEPTANCE,
PROCESSING, AND APPROVAL OF APPLICATIONS AND
REQUESTS FOR A PERMIT, LICENSE, LAND USE
APPROVAL OR OTHER APPROVAL FOR A FREESTANDING
EMERGENCY ROOM FACILITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating
under a charter adopted pursuant to Article XX of the Colorado Constitution and vested
with the authority by that article and the Colorado Revised Statutes to enact laws to
govern and regulate the use of land within its territory; and .
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council")
previously adopted local land use regulations, codified as Chapter 26 of the Wheat Ridge
Code of Laws ("Code"); and
WHEREAS, City staff has interpreted the City's current zoning regulations as
permitting freestanding emergency room facilities to locate within the Mixed Use-
Commercial and Planned Hospital Development zone districts only; and
WHEREAS, the Council finds that freestanding emergency room facilities may
cause land use impacts that are different than those caused by other detached health
care facilities due to the extended hours that emergency facilities may be open; and
WHEREAS, in response to the increase in the number and popularity of
freestanding emergency room facilities over the past several years, the Council
determined that it was necessary and .desirable to examine the City's zoning laws and
business licensing regulations governing freestanding emergency room facilities to
ensure that such facilities are appropriately located; and
WHEREAS, additionally, the Council and City staff held a reasonable belief that
the state legislature might adopt statewide legislation governing freestanding emergency
room facilities that could potentially affect the desired parameters of local regulations on
the topic; and
WHEREAS, as a result, by and through the adoption of Ordinance No. 1595, the
Council previously acted to impose a one-year moratorium through April 27, 2017 on the
submission, acceptance, processing, and approval of all applications and requests for a
permit, license, land use approval or other approval for any freestanding emergency room
facility; and
WHEREAS, by and through the adoption of Ordinance No. 1616, the Council
extended the one-year moratorium through April 27, 2018 on the submission, acceptance,
processing, and approval of all applications and requests for a permit, license, land use
approval or other approval for any freestanding emergency room facility; and
WHEREAS, the state legislature did not adopt such legislation during the 2017
session but Council and City staff have recently learned that the state legislature is
considering legislation during the 2018 session; and
WHEREAS, the Council therefore finds that it is prudent and desirable to extend
the moratorium for an additional one hundred and twenty (120) days, to permit the careful
study and evaluation of various local regulatory options with an expectation that such
regulations would operate without an additional state regulatory gloss; and
WHEREAS, the extension of the moratorium on the submission, acceptance,
processing, and approval of all applications and requests for a City permit, license, land
use approval or other approval is reasonable in time and scope and would not work an
unnecessary hardship upon or unreasonably prejudice any party.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby incorporated
by this reference as specific findings and determinations of the Council.
Section 2. Temporary Moratorium Extended. The temporary moratorium
imposed on the submission, acceptance, processing; and approval of all applications and
requests for a City permit, · license, land use approval or other approval for any
freestanding emergency room facility originally adopted byOrdinance No. 1616 is hereby
extended for an additional one hundred twenty (120) days, to and including August 27,
2018. The extension period adopted hereby shall commence and be measured from the
date the original moratorium period expires. The City staff is directed to refuse to accept
for filing, and not to further process or review any pending applications or requests for
such facilities during this moratorium extension period.
Section 3. ·oefinition of freestanding emergency room facility. For purposes of
this Ordinance, a "freestanding emergency room facility" is and means a medical facility
that is not physically attached to a hospital facility that has the capability of providing
medical care ·and services to patients with emergency medical conditions in a manner
similar to emergency rooms located within hospitals.· Features of a freestanding
emergency room facility may include, but are not limited to, expanded hours of operation,
drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-
certified emergency physicians, board-certified ·emergency ··nurses, on-site lab and
imaging capabilities and similar equipment, services and treatments not commonly
available in urgent-care facilities.
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Section 4. Staff to Investigate and Prepare Proposed Regulations. Before the
expiration of the moratorium period extended by this Ordinance, City staff shall review
and analyze the City's existing regulations governing freestanding emergency room
facilities, as directed by the Council, and present any proposed amendments thereto to
the Council. The Council declares that it will give due and timely consideration to
recommended changes to the Code.
Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days .after final
publication, as provided by Section 5.1.1 of the Charter, . . . •. • . ·.. . .. . .
INTRODUCED, READ; AND ADOPTED ori first reading by a vote of 8 to 0 on. this 8th day
of January, 2018, 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 January 22, 2018 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 O , this Z2nd day of January , 2018.
SIGNED by the Mayor on this 2=2=n=d __ day of January
ATTEST:
First Publication: January 11, 2018
Second Publication: January 25, 2018
Wheat Ridge Transcript
Effective Date: JJ'ebruary 9, 2018
Bud Starker, Mayor
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I 2018.