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HomeMy WebLinkAboutOrdinance-1983-0550EMERGENCY ORDINANCE AS PER SECTION 5.13 OF THE CHARTER OF THE CITY OF WHEAT RIDGE INTRODUCED BY COUNCILMENBER AIELLO ORDINANCE NO. 550 Series of 1983 TITLE: AN EMERGENCY ORDINANCE SUSPENDING THE EFFECTIVENESS OF ORDINANCE 535, SERIES OF 1983, AND PLACING A NINETY-DAY MORATORIUM UPON THE INTRODUCTION A14D COMMENCEMENT OF GROUP HOMES WITHIN THE CITY OF WHEAT RIDGE EXCEPT AS PROVIDED FOR IN C.R.S. 1973, 531-23-304. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHEREAS, at the regular City Council meeting of September 26, 1983, various citizens' comments and concerns were expressed regarding the introduction into residential communities within the City of Wheat Ridge of rehabilitation centers which presently qualify as group homes under existing ordinances, which property uses are deemed by said residents to be inconsistent with the residential character of said neighborhoods; WHEREAS, the City Council, upon consideration of the concerns expressed by said citizens, finds that the existing ordinances of the City of Wheat Ridge are not adequate to protect against uncontemplated and potentially damaging uses of property as group homes; WHEREAS, the City Council of the City of Wheat Ridge determines it appropriate to enact an emergency ordinance pursuant to Section 5-13 of the Charter of the City of Wheat Ridge to place a moratorium upon the commencement of operation of group homes within the City of Wheat Ridge for a period not to exceed ninety (90) days, and to suspend the effectiveness of Ordinance 535, Series of 1983, for the same ninety-day period, and to study during said time the problem identified herein in its entirety so as to be able to provide an equitable method of allowing operation of group homes of a specified type and providing notice to citizens in surrounding areas of the commencement of said use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE FINDS AS FOLLOWS: Section 1. An emergency exists in the City of Wheat Ridge in that certain uses as a group-home-related activity are being made of property within the City of Wheat Ridge notwithstanding the fact that the group-home-related activity is not the type of activity contemplated to be allowed pursuant to Ordinance 535, Series of 1983. In order to protect the health, peace, and safety of resi- dents of said facilities and the owners of properties located in the vicinity thereof, it is necessary to suspend the effective- ness of ordinance 535, Series of 1983, for a period of ninety (90) days from September 26, 1983, and said Ordinance 535, Series of 1983, is hereby suspended for said ninety (90) days. Section 2. In order to protect the health, safety, and peace of the residential communities and commercial areas of the City of Wheat Ridge, a moratorium is hereby imposed upon the commence- ment of operation of any group home within the City of Wheat Ridge, except for homes for the developmentally disabled as provided and specified in C.R.S. 1973, 531-23-304. During said ninety-day moratorium period, no permission or certificate shall be granted to any person, corporation, or agency to commence operation of a group home or group-home-related activity within any zoning district of the City of Wheat Ridge. Applications for said per- mission to operate may be accepted during said time period. PAGE TWO Section 3. During the moratorium herein imposed, the City shall consider a comprehensive enactment specifying and defining the type of group home or shelter care facilities which shall be permitted to be operated within the City of Wheat Ridge and all relevant requirements pertaining thereto. Section 4. This ordinance shall cease to be effective on December 25, 1983, the same being the ninetieth day after enact- ment hereof. Section 5. This ordinance is an emergency ordinance pursuant to Section 5-13 of the Home Rule Charter of the City of Wheat Ridge, because, as adduced at the regular City Council meeting of September 26, 1983, the existing ordinances of the City of Wheat Ridge regulating residential group homes do not contemplate, and do not prohibit, certain uses which may be defined as group homes, but which uses were not specifically intended to be allowed and which uses are the subject of substantial dispute and controversy within the community. Failure to impose the moratorium hereby imposed would result, in the legislative opinion of the City Council, in irreparable damage to residents of such group homes or group-home-related facilities, and the residents of neighborhoods and areas adjacent to and near said group homes and group-home-related facilities. Based upon public comment received, it is the legisla- tive determination of the City Council of the City of Wheat Ridge that danger exists to the public health, peace, and safety if the moratorium imposed hereby was not to be imposed. Section 6. 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 by a court of competent jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 7. Safety Clause. The City Council hereby finds, deter- mines, and declares that this is an emergency ordinance, promul- gated pursuant to Section 5-13 of the Home Rule Charter of the City of Wheat Ridge and is necessary for the immediate preserva- tion of the public property, health, peace, safety, and welfare. The City Council further determines that this ordinance bears a rational relation to the proper legislative object sought to be attained. Section 8. This ordinance shall take effect immediately. INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED by a vote of eight to zero this twenty-sixth day of September, 1983. SIGNED by the Mayor on this 26th day of September, 1983. ATTEST: 1 Ji ' Wanda Sang, City C erk Frank Stites, Mayor PUBLISHED IN THE WHEAT RIDGE SENTINEL: October 6, 1983 Effective Date: September 26, 1983 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: E. Hayes i