HomeMy WebLinkAboutOrdinance-1996-1029
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
DiTullio
24
1029
Series of 1996
TITLE:
AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND ISSUANCE OF BUILDING
PERMITS FOR THE CONSTRUCTION OF MULTI-FAMILY
RESIDENTIAL STRUCTURES WITHIN A SPECIFIED AREA OF
THE CITY, AND DECLARING AN EMERGENCY
WHEREAS, the City of Wheat Ridge, Colorado, is a home rule
municipality duly and regularly organized and now validly existing
as a body corporate and politic under and by virtue of the
Constitution and laws of the State of Colorado and that the City
may adopt such ordinances relative to local and municipal matters
as are necessary to effectuate the purposes and intent of power
granted to municipalities and such other matters and can be dele-
gated to municipalities by the State of Colorado; and
WHEREAS, Section 1.3 of the Home Rule Charter for the City
confers all home rule powers to the City; and
WHEREAS, Section 5.13 of the Home Rule Charter for the City
provides that emergency ordinances may be enacted for the immediate
preservation of the public property, health, peace, or safety; and
WHEREAS, Ordinance No. 1025, Series of 1996, permits the City
Council to undertake large-area rezonings; and
WHEREAS, the City has initiated a large-area rezoning process
which, if approved, would rezone certain properties which are
currently zoned Residential-Three (R-3) to a less dense residential
zone district which is consistent with existing development
patterns established in the area; and
WHEREAS, the City Council is concerned that owners of certain
properties subject to the large-area rezoning process may acceler-
ate development plans and request building permits for multi-family
residential structures in reaction to this rezoning process; and
WHEREAS, the City Council finds that acceptance and processing
of applications for building permits for multi-family residential
structures prior to the completion of the consideration of the
large-area rezoning proposal will not promote coordinated, innova-
tive, high-quality planning or produce a well-balanced community
and other elements directly related to the quality of life for
existing and future residents in the City; and
GED\S3027\lS4736 1
WHEREAS, the City Council finds that a delay in the acceptance
and processing of such building permit applications for a period of
time not to exceed September 7, 1996, is necessary and in the best
interest of the City in order for the City to complete its review
of the large-area rezoning proposal for this area; and
WHEREAS, the temporary moratorium is necessary in order to
permit consideration by the City Council of the large-area rezoning
of the area affected by this Ordinance, as described In the
attached Exhibit A; and
WHEREAS, uncontrolled issuance of building permits for multi-
family residential dwellings prior to the consideration by the
Council of large-area rezoning for the area described in the
attached Exhibit A would defeat the efforts of the City to promote
comprehensive planning in the area and to protect existing neigh-
borhood integrity;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Moratorium on buildinq permits declared. The City
Council hereby declares and imposes a moratorium upon the
acceptance and processing of applications for, and the issuance of,
building permits for the construction of multi-family dwelling
structures within the area illustrated upon the attached Exhibit A,
said moratorium to expire on September 7, 1996, The temporary sus-
pension of acceptance and processing of applications and issuance
of building permits as specified in this Ordinance shall terminate
as of September 7, 1996, unless terminated earlier by the City
Council, Nothing contained in this Ordinance is to be construed to
limit or preclude the City Council from termination, repeal, amend-
ment, or modification of this Ordinance prior to September 7, 1996.
Section 2, vested Riqhts. Nothing in thi~ Ordinance shall be
construed as affecting any lawfully vested rights to complete con-
struction where construction was commenced or authorized pursuant
to a building permit duly issued prior to the effective date of
this Ordinance.
Section 3. Continued Processinq. Nothing in this Ordinance
shall be construed to limit or prohibit the City's continued pro-
cessing of applications for building permits that were submitted to
the City on or before the effective date of this Ordinance.
Section 4, Emerqencv Declared. Pursuant to Section 5.13 of
the Wheat Ridge Charter, the City Council hereby finds and declares
that an emergency exists which requires the immediate effectiveness
of this Ordinance, in that the effective implementation of
Ordinance 1025, Series of 1996 would be frustrated and prevented
without the protection which this Ordinance will give for the
deliberate consideration of a large-area rezoning proposal for the
area described on the attached Exhibit A.
GED\53027\154036 1
-2-
Section 5. Severabilitv. If any clause, sentence, paragraph,
or part of this Ordinance or application thereof to any person or
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, impair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 6.
effecti ve upon
Charter.
Effective Date. This Ordinance
adoption, as provided by Section
shall
5,13
become
of the
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a
vote of 6 to 0 on this 10th day of June, 1996, ordered pub-
lished in full in a newspaper of general circulation in the City of
Wheat Ridge.
SIGNED by the Mayor on this
11th day of
June
, 1996.
~
DAN WILDE, MAYOR
ATTEST:
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WANDA SANG,
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CITY C~K
APPROVED
ATT.o~lmY
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FORM
BY
CITY
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GERALD E. DAHL, CITY ATTORNEY
Publication: June 14, 1996
Wheat Ridge Transcript
Effective Date: June 10, 1996
GED\53027\154736 1
-3 -
ORDINANCE NO. 1029
SERIES 1996
EXHIBIT A
[At tached]
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