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HomeMy WebLinkAboutOrdinance-1996-1061 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No Ordinance No 1061 Series of 1996 TITLE AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON REZONING FOR TWO-FAMILY AND MULTI-FAMILY RESIDENTIAL USES WITHIN CERTAIN ZONE DISTRICTS IN THE CITY, AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality duly and regularly organized and existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado, and WHEREAS, 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 home rule municipalities by the Constitution of 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 Charter provides that emergency ordinances may be enacted for the immediate preservation of the public property, health, peace, or safety, and WHEREAS, the City has initiated a process to revise and update its Comprehensive Plan, and WHEREAS, one element of the revised Plan Will concern residential density, and WHEREAS, the City Council is concerned that owners of properties may accelerate plans for rezoning for two-family or multi-family residential structures in reaction to this Comprehensive Plan revision process, and WHEREAS, the City Council finds that acceptance and processing of applications for rezoning to R-2, R-3, R-3A and R-2A, prior to the completion of the consideration of the revisions to the Comprehensive Plan concerning such development will not promote coordinated, innovative, 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 WHEREAS, the City Council finds that a delay in the acceptance and processlnq of such applications for a period of time not to exceed March 15,1997, is necessary and in the best interest of the City in order for the City to complete its review of that portion of the revision of the Comprehensive Plan concerned with residential development, and WHEREAS, this temporary moratorium is necessary In order to permit consideration by the City Council of such reVISions to the Comprehensive Plan, and WHEREAS, uncontrolled rezoning to R-2, R-3, R-3A and R-2A, prior to the consideration by the Council of the revisions to the Comprehensive Plan, would defeat the efforts of the City to promote comprehensive planning and to protect existing neighborhood integrity, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS Section 1 Moratorium declared The City Council hereby declares and Imposes a moratorium upon the acceptance and processing of applications for rezoning of property to zones R-2, R-3, R-3A and R-2A, said moratorium to terminate on March 15, 1997, 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, amendment, or modification of this Ordinance prior to March 15, 1997 Section 2 Vested Riqhts Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to complete construction 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 1IIlllt or prohibit the City's continued processing of applications for rezoning or replattlng, that were submitted to the City on or before the effective date of this Ordinance Section 4 Emerqency 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 the policy recommendations of the contemplated revision of the Comprehensive Plan relating to two family and multi-family uses would be frustrated and prevented without the protection which this Ordinance will give Section 5 Severability 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 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 6 Effective Date This Ordinance shall become effective upon adoption, as provided by Section 5 13 of the Charter INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 6 to 1 on this 16th day of December, 1996, ordered published In full In a newspaper of general circulation in the City of Wheat Ridge SIGNED by the Mayor on this 18thday of December ,1996 ';::::I' =' ~ _ ~ '.1 2 Mayor refused to sign this Ordinance. ATTEST WANDA SANG, CITY CLERK Publication December 20, 1996 Wheat Ridge Transcript '":;-~I DAN WILDE, MAYOR APPR~V D AS TO FORM BY CITY ATTO EY <". /' /" / / ~ '''/;-- / t I; ", ? "/' I '/1 ~ //-<A4L~y' ~- ~/./ <~; // ,/ GERALD E DAHL, CITY ATTORNEY >C... -3-