HomeMy WebLinkAboutOrdinance-2000-1205
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Siler
Council Bill No. 29
Ordinance No 1205
Series of 2000
TITLE: AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM
ON ACCEPTANCE AND PROCESSING OF APPLICATIONS
FOR BUILDING PERMITS AND REZONING WITHIN
PORTIONS OF 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, 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 Council has appointed an Economic Development
Committee, which has been charged with creation of an economic development
plan for the City; and
WHEREAS, the City Council, through its Public Works Advisory Committee,
is in the process of developing a streetscape improvements program for redesign
and enhancement of streets and sidewalks and associated private improvements;
and
WHEREAS, the City Council IS considering the adoption of architectural
standards for new construction, and
WHEREAS, the City's Urban Renewal Authority is considering modification of
the existing Urban Renewal Plan for the City and the adoption of an additional plan
or plans, and
WHEREAS, the City Council is concerned that owners of properties may
accelerate plans for development in reaction to, and prior to completion of, the
economic development plan, the streetscape improvements program, adoption of
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architectural standards, or the reVISion or adoption of new urban renewal plans;
and
WHEREAS, the areas within the City which are of most concern in
connection with the City plans described above are depicted on the map attached
hereto as Exhibit 1, and
WHEREAS, the City Council finds that acceptance and processing of
applications for building permits for proposed construction in, and application for
rezoning of, those portions of the City depicted on Exhibit 1 prior to the completion
of the consideration of the economic development plan, the streetscape
improvements program, new architectural standards, and revisions to or new urban
renewal plans will not promote coordinated, innovative, high-quality planning,
needed economic development activities, attractive streetscape design and
architecture of new construction or 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 16, 2001,
is necessary and in the best interest of the City in order for the City to complete its
consideration of the economic development plan, the streetscape improvements
program, new architectural standards, and revisions to or new urban renewal plans
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 (1) the acceptance and processing of applications for
building permits for new construction of principal buildings and for exterior
remodeling/renovation of principal buildings and (2) acceptance and processing of
applications for rezoning: on properties within those portions depicted on the map
as shown on Exhibit 1, attached hereto and fully incorporated herein, said
moratorium to terminate on March 16, 2001, unless terminated earlier by the City
Council. This moratorium shall not include acceptance and processing of
applications for building permits for accessory buildings or structures or for routine
maintenance of principal structures. 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 16, 2001
Section 2. Vested Riqhts. Nothing in this Ordinance shall be construed as
affecting any lawfully vested rights to complete construction where construction
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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 limit or prohibit the City's continued processing of applications for
building permits or rezoning that were submitted to the City on or before the
effective date of this Ordinance.
Section 4. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 5. Severability, Conflictinq Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed
Section 6. Effective Date. This Ordinance shall take effect upon passage on
second reading as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 3 on
this 28th day of August, 2000, 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 September 11, 2000, at 7 o'clock p.m., 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 5 to 3 ,this 11 th day of September, 2000.
SIGNED by the Mayor on this
day of
,2000.
AT~ESr ,j;
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Wanda Sang, City Cler
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First Publication. September 1,
Second Publication: September
Wheat Ridge Transcript
Effective Date' September 11,
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2000
22, 2000
2000
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Exhibit 1
Portions of the City subject to moratorium
[Attached]
RECEPTION NO.
1 -l :1.1;;,1::.. )
and welfare The CIty Councd further determines that the ordinance bears a ratIOnal relatIOn to
the proper legIslative object sought to be attallled.
Section 4. SeverabilIty. If any clause, sentence, paragraph, or part of thIS Zonlllg Code
or the application thereof to any person or circumstances shall for any reason be adJusted by a
court of competent jurisdiction Invalid, such Judgment shall not affect applIcation to other
persons or circumstances
/
Section 5. SuoersesslOn Clause. If any provIsion, requirement or standard established by
thIS OrdInance IS found to conflict with SImilar provisions, requirements or standards found
elsewhere III the Code of Laws of the CIty of Wheat Ridge, whIch are in existence as of the date
of adoption of this Ordinance, the provIsions, reqUIrements and standards herein shall supersede
and prevaIl.
Section 6. ThIS ordinance shall take effect 15 days after final publIcatIOn.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~
on this 10th day of July , 2000, 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 August 14 ,2000, at 7-00 o'clock p.m., III the CounCIl Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ~ to~, thiS 14th day of August ,2000
SIGNED by the Mayor on this 15th day of
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Wanda Sang. City CJ.erlQ
,
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First Publication: July 14, 2000
Second Publication: August 18, 2000
Wheat Ridge Transcript
Effective Date: September 2, 2000