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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: -~)j , ";. I" -I ./ ',~ 1.1. '.1 WANDA SANG, f ! "i ~f/i "/' CITY C~K APPROVED ATT.o~lmY / i' i' AS TO FORM BY CITY , / I / l/ '.. / /;: ~/' /~_,.r r ~ _~:/ ' '"..<<: / r I /..- 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] GED\S3027\154736 <( I- co I X W --.J D<( 0\1) 00 I(l f}"'O Of}'" CO(l It,!) t,!)Z W- ZZ o "LN f}"'W <(f}'" (l<( <(ill I:f}'" <(<( f}"'W Ot,!) Zf}'" <(<( (l--.J ""',"'" ~''''''~ .l.1I~~ '~~:~~~cr; .-, 'C"''--~iIf~'~'" "'-.::' ,t!i~- ../,--:"'- "';.'.~\ 0." !:~:~,!~~~,~'~~'{;,;' + '~n' QI - '""". ~:~~~}~,i~~ ll1< <N\ ~i ....'.R" ""':,.'i t'Ct.;' co;"( ".ri--.,\,f- 'IF.- i;" ~," ",-;, \ ~'-'-~ -,-,(( r,,~,- '""'-1~~"~' om-' t '" ~.~ }~' <-','<.;0 . " '~l~} ,"ef_'J"~ 1 ,,~ _' ' t~-"" ~ ~JhcH ~~'^-: ~'~"~ _''--; i ~'''lJ'-, ~:'_ --".".--.m- ,~ __ ; ~ !' 1 1, I ~T~s~~~ ~~- -: :: ~ ~I ~ ~! gr1 ~~ +__~_ __--1 I': ,< ( ~ '", ~! ~ , ~~~~_tJ _~, ~ [f, ;1 "-.1. ... >1':< <' - .~ ~ ~-,------.. ,< ~~: ""1', '----';:-.T I :J:I " r- .'''-' I -!) 0' I N ~ .iTJ'bOl.. ~, lX'" (1 " , :,{y 0','- .c' ;..; !""Fl\! 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