HomeMy WebLinkAboutOrdinance 1595CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. 05
Ordinance No. 1595
Series 2016
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE
APPROVAL OR OTHER APPROVAL FOR A FREEST ANDING EMERGENCY
ROOM FACILITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to enact
laws to govern and regulate the use of land within its territory; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council")
previously adopted local land use regulations, codified as Chapter 26 of the Wheat
Ridge Code of Laws ("Code"); and
WHEREAS, the City's zoning regulations currently permit freestanding
emergency room facilities to locate within the Mixed Use-Commercial and Planned
Hospital Development zone districts; and
WHEREAS, the Council finds that freestanding emergency room facilities may
cause land use impacts that are different than those caused by other detached health
care facilities due to the extended hours that emergency facilities may be open; and
WHEREAS, in response to the increase in the number and popularity of
freestanding emergency room facilities over the past several years, the Council finds
and determines that it is necessary and desirable to examine the City's zoning laws and
business licensing regulations governing freestanding emergency room facilities to
ensure that they are appropriately located; and
WHEREAS, to prevent the further location of freestanding emergency room
facilities in potentially inappropriate locations while the Council studies the issue, the
Council desires to impose a moratorium on the submission, acceptance, processing,
and approval of all applications and requests for a permit, license, land use approval or
other approval for any freestanding emergency room facility, commencing upon the
effective date of this Ordinance and expiring 365 days thereafter; and
WHEREAS, the imposition of a moratorium on the submission, acceptance,
processing, and approval of all applications and requests for a City permit, license, land
use approval or other approval is reasonable in time and scope and would not cause an
unnecessary hardship upon or unreasonably prejudice any party.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby incorporated
by this reference as specific findings and determinations of the Council.
Section 2. T emporarv Moratorium. A temporary moratorium is hereby
imposed on the submission, acceptance, processing, and approval of all applications
and requests for a City permit, license, land use approval or other approval for any
freestanding emergency room facility. The City staff is directed to refuse to accept for
filing, and not to further process or review any pending applications or requests for such
facilities during the moratorium period.
Section 3. Definition of freestanding emergency room facility. For purposes of
this Ordinance, a "freestanding emergency room facility" is and means a medical facility
that is not physically attached to a hospital facility that has the capability of providing
medical care and services to patients with emergency medical conditions in a manner
similar to emergency rooms located within hospitals. Features of a freestanding
emergency room facility may include, but are not limited to, expanded hours of
operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and
departures, board-certified emergency physicians, board-certified emergency nurses,
on-site lab and imaging capabilities and similar equipment, services and treatments not
commonly available in urgent-care facilities.
Section 4. Duration. The moratorium imposed by this Ordinance shall
commence on the effective date of this Ordinance and shall expire on the 365th day
thereafter.
Section 5. Staff to Investigate and Prepare Proposed Regulations. Before the
expiration of the moratorium imposed by this Ordinance, City staff shall review and
analyze the City's existing regulations governing freestanding emergency room
facilities, as directed by the Council, and present any proposed amendments thereto to
the Council. The Council declares that it will give due and timely consideration to
recommended changes to the Code.
Section 6. Effective Date. This Ordinance shall take effect fifteen (15) 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 28th day of March, 2016, 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 April 11th, 2016, at 7:00 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 8 to 0 , this llth day of Apr il , 2016.
2
SIGNED by the Mayor on this
ATIEST:
First Publication: March 31 , 2016
Second Publication: April 14, 2016
Wheat Ridge Transcript
Effective Date: April 29 • 2016
11th day of __ A_p_ri_l _____ , 2016.
Gerald E. Dahl, City Attorney
3