HomeMy WebLinkAboutOrdinance-1983-0550EMERGENCY ORDINANCE AS PER SECTION 5.13 OF THE CHARTER OF THE CITY OF WHEAT RIDGE
INTRODUCED BY COUNCILMENBER AIELLO
ORDINANCE NO. 550
Series of 1983
TITLE: AN EMERGENCY ORDINANCE SUSPENDING THE EFFECTIVENESS OF
ORDINANCE 535, SERIES OF 1983, AND PLACING A NINETY-DAY
MORATORIUM UPON THE INTRODUCTION A14D COMMENCEMENT OF
GROUP HOMES WITHIN THE CITY OF WHEAT RIDGE EXCEPT AS
PROVIDED FOR IN C.R.S. 1973, 531-23-304.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
WHEREAS, at the regular City Council meeting of September 26, 1983,
various citizens' comments and concerns were expressed regarding
the introduction into residential communities within the City of
Wheat Ridge of rehabilitation centers which presently qualify as
group homes under existing ordinances, which property uses are
deemed by said residents to be inconsistent with the residential
character of said neighborhoods;
WHEREAS, the City Council, upon consideration of the concerns
expressed by said citizens, finds that the existing ordinances
of the City of Wheat Ridge are not adequate to protect against
uncontemplated and potentially damaging uses of property as group
homes;
WHEREAS, the City Council of the City of Wheat Ridge determines
it appropriate to enact an emergency ordinance pursuant to
Section 5-13 of the Charter of the City of Wheat Ridge to place
a moratorium upon the commencement of operation of group homes
within the City of Wheat Ridge for a period not to exceed ninety
(90) days, and to suspend the effectiveness of Ordinance 535,
Series of 1983, for the same ninety-day period, and to study
during said time the problem identified herein in its entirety so
as to be able to provide an equitable method of allowing operation
of group homes of a specified type and providing notice to citizens
in surrounding areas of the commencement of said use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE
FINDS AS FOLLOWS:
Section 1. An emergency exists in the City of Wheat Ridge in that
certain uses as a group-home-related activity are being made of
property within the City of Wheat Ridge notwithstanding the fact
that the group-home-related activity is not the type of activity
contemplated to be allowed pursuant to Ordinance 535, Series of
1983. In order to protect the health, peace, and safety of resi-
dents of said facilities and the owners of properties located in
the vicinity thereof, it is necessary to suspend the effective-
ness of ordinance 535, Series of 1983, for a period of ninety
(90) days from September 26, 1983, and said Ordinance 535, Series
of 1983, is hereby suspended for said ninety (90) days.
Section 2. In order to protect the health, safety, and peace of
the residential communities and commercial areas of the City of
Wheat Ridge, a moratorium is hereby imposed upon the commence-
ment of operation of any group home within the City of Wheat Ridge,
except for homes for the developmentally disabled as provided and
specified in C.R.S. 1973, 531-23-304. During said ninety-day
moratorium period, no permission or certificate shall be granted
to any person, corporation, or agency to commence operation of a
group home or group-home-related activity within any zoning
district of the City of Wheat Ridge. Applications for said per-
mission to operate may be accepted during said time period.
PAGE TWO
Section 3. During the moratorium herein imposed, the City shall
consider a comprehensive enactment specifying and defining the type
of group home or shelter care facilities which shall be permitted
to be operated within the City of Wheat Ridge and all relevant
requirements pertaining thereto.
Section 4. This ordinance shall cease to be effective on
December 25, 1983, the same being the ninetieth day after enact-
ment hereof.
Section 5. This ordinance is an emergency ordinance pursuant to
Section 5-13 of the Home Rule Charter of the City of Wheat Ridge,
because, as adduced at the regular City Council meeting of
September 26, 1983, the existing ordinances of the City of Wheat
Ridge regulating residential group homes do not contemplate, and
do not prohibit, certain uses which may be defined as group homes,
but which uses were not specifically intended to be allowed and which
uses are the subject of substantial dispute and controversy within
the community. Failure to impose the moratorium hereby imposed
would result, in the legislative opinion of the City Council, in
irreparable damage to residents of such group homes or
group-home-related facilities, and the residents of neighborhoods
and areas adjacent to and near said group homes and group-home-related
facilities. Based upon public comment received, it is the legisla-
tive determination of the City Council of the City of Wheat Ridge
that danger exists to the public health, peace, and safety if
the moratorium imposed hereby was not to be imposed.
Section 6. Severability. If any clause, sentence, paragraph, or
part of this Ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged 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 7. Safety Clause. The City Council hereby finds, deter-
mines, and declares that this is an emergency ordinance, promul-
gated pursuant to Section 5-13 of the Home Rule Charter of the
City of Wheat Ridge and is necessary for the immediate preserva-
tion of the public property, health, peace, safety, and welfare.
The City Council further determines that this ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 8. This ordinance shall take effect immediately.
INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED by a vote of
eight to zero this twenty-sixth day of September, 1983.
SIGNED by the Mayor on this 26th day of September, 1983.
ATTEST: 1
Ji '
Wanda Sang, City C erk
Frank Stites, Mayor
PUBLISHED IN THE WHEAT RIDGE SENTINEL:
October 6, 1983
Effective Date: September 26, 1983
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
E. Hayes
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