HomeMy WebLinkAboutOrdinance-1996-1062
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No
Ordinance No 1062
Series of 1996
TITLE
AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON
ISSUANCE OF BUILDING PERMITS FOR TWO-FAMILY AND MULTI
FAMILY RESIDENTIAL USES WITHIN 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 building permits 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
building permits for two-family and multi-family residential structures prior to the completion
of the consideration of the revisions to the Comprehensive Plan concerning residential
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 processing 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 issuance of building permits for two-family and multi family
residential dwellings 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, and the issuance of,
building permits for the construction of two-family or multi-family dwelling structures located
within Zone Districts 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 pnor 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 processing of applications for building permits that were
submitted to the City on or before the effective date of this Ordinance, or applications for such
permits based upon approval of a rezoning or replatting application which was being processed
by 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 4 to 3
on this 16th day of December, 1996, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge
]E[ ::~U27 1/21 Ie -'-
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SIGNED by the Mayor on this 20th day of December
, 1996
Mayor refused to sign this ordinance.
DAN WILDE, MAYOR
ATTEST
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY
AT~
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Publication December 20, 1996
Wheat Ridge Transcript
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