HomeMy WebLinkAboutOrdinance-1997-1066
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCil MEMBER DiTULLIO
Council Bill No 3
Ordinance No 1066
Series of 1997
TITLE
AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON
REZONING FOR TWO-FAMILY AND MULTI-FAMILY RESIDENTIAL USES
WITHIN CERTAIN ZONE DISTRICTS IN 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 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, R-2A, and Planned Residential Development District, 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 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
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WHEREAS, uncontrolled rezoning to R-2, R-3, R-3A, R-2A, and Planned Residential
Development District, 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, R-2A, and to Planned Residential Development District, said moratorium
to terminate on September 30, 1997, unless term'lnated 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
Counc'll 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 build'lng permit duly issued prior to the effective date of Ordinance
No 1061, 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 rezoning to Zones R-2, R-3,
R-3A, and R-2A (but not including applications for rezoning to Planned Residential
Development), or application for replatting, which applications were submitted to the City on
or before the effective date of Ordinance No 1061, Series of 1996 December 16, 1996
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 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
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of 8 to 0, this 27th day of January, 1997
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SIGNED by the Mayor on this 29th day of January
, 19 97
Mayor Wilde declined to sign. 1/29/97
DAN WilDE, MAYOR
ATTEST
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY
ATTORNEY
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1 st Publication January 17, 1997
2nd Publication February 7, 1997
Wheat Ridge Transcript
Effective Date February 22, 1997
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