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HomeMy WebLinkAboutOrdinance-1997-1065 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCil MEMBER DiTULLIO Council Bill No 2 Ordinance No.1 065 Series of 1997 TITLE AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR TWO-FAMILY AND MUL TI- FAMILY RESIDENTIAL USES WITHIN THE CITY 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, 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 September 30, 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 I::~_' c: ,_,.:."" 1 ,ll4 1 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, R-2A, and Planned Residential Development Districts, said moratorium to terminate on September 30, 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 September 30, 1997 Section 2 Schedulinq The Comprehensive Plan Review Committee is hereby directed to provide its recommendations on residential density to the Planning Commission and City Council on or before June 15, 1997 Section 3 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 Ordinance No 1062, Series of 1996. December 16, 1996 Section 4 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 Ordinance No 1062, Series of 1996, 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 Ordinance No 1062, Series of 1996 December 16, 1996, or based upon a Planned Residential Development District approval in place and under construction on December 16, 1996 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 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 take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of January, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 27, 1997, at 7 00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado '_'E=' -, 1::: ~ i i 1 :.1 1 -2- READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 27th day of January, 1997 SIGNED by the Mayor on th'ls 29th day of January , 1997 Mayor Wilde declined to sign 1/29/97 DAN WILDE, MAYOR ATTEST WANDA SANG, CITY CLERK APPRO)tED AS TO FORM/ ~Y Cl!Y 2Z1 E ;-,"' 1 -;/) , "I;' I ' ., (~~ j 1/ / .)/ ~i / '~~i UX/- o/'i~': G~D E DAHL CITY ATTORN'EY 1 st Publication January 17, 1997 2nd Publication February 7, 1997 Wheat Ridge Transcript Effective Date' February 22, 1997 ~Fr C:' L.' -'- I 1-,-'; 1 -3-