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
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Mayor refused to sign this Ordinance.
ATTEST
WANDA SANG, CITY CLERK
Publication December 20, 1996
Wheat Ridge Transcript
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DAN WILDE, MAYOR
APPR~V D AS TO FORM BY CITY
ATTO EY
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GERALD E DAHL, CITY ATTORNEY >C...
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