Loading...
HomeMy WebLinkAboutWZ-95-14M E M O R A N D II M TO: ,~-.C/ity Council FROM: FJ"Meredith Reckert RE: Zoning Map Correction DATE: September 19, 1995 In 1990, City Council passed ordinance #837 which. rezoned property located at 4890 Robb Street from PID and A-1 to PID and C-2. There were two parcels involved; the PID applied to the western lot and the C-2 zoning applied to. the eastern lot. . However, when the zoning maps were amended, both parcels were shown as PID. Pursuant to Section 26-3 (F) of the-Wheat Ridge Code of Laws, it is Staff's intention to correct the zoning maps to accurately reflect City-Council's action. A certified letter has been sent to the owner in regard to the proposed map correction. If no protest is received from the owner and if City Council does not initiate a rezoning action within 30 days, the correction will be made. MR:slw attachments INTRODUCED BY COUNCIL MEMBER SHANLEY ORDINANCE NO. 837 __ - -- '-"' Series of 1990 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING. FROM PLANNED INDUSTRIAL DEVELOPMENT AND AGRICULTURAL-ONE TO PLANNED INDUSTRIAL DEVELOPMENT AND COMMERCIAL-TWO AND APPROVAL OF A COMBINED OUTLINE AND FINAL DEVELOPMENT PLAN AND PLAT ON LAND LOCATED AT 4890 ROBB STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON; STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1: Upon application by Anthony Vecchiarelii for approval of rezoning and combined outline and final development plan and plat in Wheat Ridge, Colorado, Case No. WZ-90-2 and based upon recommendation for approval, with conditions, from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Planned Industrial Development and Agricuiturai- One District and to include in the Planned Industrial Development and Commercial-Two District, the following described land: A parcel of land located in the Southeast one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 16, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, being that the portion of the Southeast one-quarter of the Southwest one-quarter of the Southwest one-quarter lying North of the former Denver and Northwestern Railroad right-of-way line described as follows: Beginning at the Northwest corner of the South one-half of the Southeast one-quarter of the Southwest one-quarter of the Southwest one-quarter of said Section 16; thence North 89041'12" East along the North line of said South one-half a distance of 20.00 feet to the True Point of Beginning; thence North 00002'06" West along a line 20.00 feet East of .and parallel to the West line of said Southeast one-quarter a distance of 328.70 feet to the North line of said Southeast one-quarter also being the South line of Robb Street Park Subdivision; thence North 89040'24" East along said South Line a distance of 643.86 feet to the Northeast corner of said Southeast one-quarter; thence South 00°00'48" East along the East line of the said ,Southeast one-quarter a distance of 328.86 feet to the Northeast corner of the South one-half of said Southeast one-quarter also being the Northeast corner of the Wheat Ridge Valley Industrial Park; thence continuing South 00°00'48" East along the East line of said Southeast one-quarter a distance of 37.14 feet to a point on the North line of that tract of land described in Book 1840 at Page 740 of the official Ordinance No. 837 Series of 1990 Page 2 records of Jefferson County, Colorado; thence Westerly along the Northerly lines of that tract of land described in said Book 1840 at Page 740 the following two (2) courses and distances: 1. Westerly along a curve to the left, whose radius is 2060.00 feet, delta is 10032'34", arc length is 379.05 feet and whose chord bears South 79023'42" West a distance of 378.51 feet, to, a point of Tangency. 2. South 74007'30" West a distance of 271.94 feet to a Point 30.00 feet East. of the West line of said Southeast one- quarter. Thence North 00002'06" West along a line 30.00 feet East of and parallel to the West line of said Southeast one-quarter a distance of 177.70 feet to the North line of the South one-half of said Southeast one-quarter also being the Northwest corner of the Wheat Ridge Valley Industrial Park; thence South 89041'12" West along said North line a distance of 10.00 feet to the True Point of Beginning. Said parcel of land contains 272,812 square feet or 6.263 acres more or less. Section 2. Vested Pro,perty_Rights• Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws o£ the City of Wheat Ridge. Section 3. 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 ob3ect sought to be attained. Section 4. 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 adjusted by a court of competent jurisdiction invalid, such 3udgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. Ordinance No. 837 Series of 1990 Page 3 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 11th day of June 1990, 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 July 9 1990, at 7:30 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 9th day of Juiy 1990. SIGNED BY THE MAYOR this 10th day of July, 1990. 1st Publication: June 20, 1990 2nd Publication: July 18, 1990 Applewood/Wheat Ridge Transcript Effective Data: August 2, 1990 DAN WILDE, MAYOR ~2~ WANDA SANG, CI LER APPROVED F M BY CITY ATTORNE ~ ~~ pc/ord/wz9O2 7500 WEST 29TH AV E{VUE P.O. BOX 638 WHEAT RIDGE. CO 80034-063 City Admin. Faz ~ 234-5924 September 20, Mr. Anthony Ve< 4890 Robb Stree Wheat Ridge CC Dear Mr. Vechia Please let this an error on the property locate The property, a from PID and A- the C-2 portion However, when t was designated this error to d 2, which it sh If you wish to written stateme The Wheat Ridge correct this er If you have any 2848. Sincerely, Meredith Reck, Planner ~ MR:slw r. 5. Sig. 6. Community Development Department P.O. Box 638 .Wheat Ridge, CO. 80033 - Phone: (303) 237-6944 29th & Wadsworth, SE Corner SEND PARTS 7 AND 2 PART 2 WILL BE WE7UWNED WITH REPLY. - - ' GVI-IEAT RIDGE CITY CODE ~- § 26-3 ..-.:.,; -`~ ~ ~ ' ~ ' The new persede the prior official zoning map. (b) At any time, minor corrections to the official zoning map, which do not affect official zoning map may eorrect drafting or other omissions in the prior offici~rtap, but the zoning of any parcel, may be made nd i errors or no such correction shall have the effect of ng a with the a royal of the plann pp development director and with a note amending the original official zoning map or any added under the "Revisions" bag on subsequent amendment thereof. said"map; indicating that an "adnvn- (E) Retention of prior official zoning maps: Un- istrative correction" has been'made, a less the prior official zoning map has been lost or 'ease file shall be created with a case d for each correction, i has been totally destroyed, the prior map, or any sufficient parts thereof remaining, shall be pre- gne number ass with information,contained in the file served together with all available records per- which gives the location and nature of taming to its adoption or amendment by the city . the correction. , clerk. Minor corrections under this provision (F) Procedures for Correcting Errors Contained of section 26-3 are limited to the fol- on the Official Zoning Map or Within Rezoning lowing: Ordinances or Resolutions: L Subdivisions: Corrections to name (1) Administrative correction: of subdivisions, locations of lot lines'and boundary lines, location (a) Where a verifiable error is discovered and names of streets and alleys and in the zone classification of any pantie- raihroads. ular parcel as displayed on the official i 2. Base Map: Corrections to water- n a re- zoning map, or as represented course locations or names, location zoning ordinance or resolution adopted or names of lakes, names or loca- byWheat Ridge City Council after May tion of street or railroads. 2, 1972 (the effective date of Wheat g, Zoninginformation:Correctionsto Ridge Ordinance 98), the director of names of planned developments, planning and development shall notify case numbers, and closure of zone the current property owner by regis- districts in accordance with the tered mail of the error and shall in- most recent record of zoning ac- form said owner of the intent to correct tion where there is no zoning line such error based upon the recoidof,,the separation between"~wo (2) dif- last rezoning action. The director shall ferent zone districts. ' also notify city council of such proposed correction by memorandum, including (2) property-Owner-Initiated Rezoning Based documentation which supports the con- on Rezonings of Record which Occurred rective action. If within thirty (30) days prior to May 2, 1972: Nothing in this para- ofsaid notice the owner fails to submit graph (F) shall be construed to preclude any a written protest to such correction, and property owner from seeking a change of if city council does not pass a motion to zone based upon a resolution from the Board initiate a rezoning action, the director is specifically authorized to cause such of County Commissioners of Jefferson County, or resolution or ordinance of the error(s) to be corrected and shall pub- City of Wheat Ridge predating Ordinance fish a legal notice of such correction. 98, adopted on May 2, 1972, which zoned or However, if the owner does file a purported to zone the property in question written protest, or if city council so di- in a manner different from that shown on rects, a rezoning action shall be initi- the city's official zoning map. ated. Such rezoning action shall be sub- jest to the provisions of section 26-6(C) (3) Return of Fees for Zoning Discrepancy f r , except that no fee shall be assessed. ee Cases: The normal zoning application -{ Supp. No. 5 - 1678 ~, ~'~ ~' ' .. _ -r It.--' Row. ~ ID "~~~ DET1W5 1 i "~ t ~ ~~~ ~ - o°.ncE I ~~y ' ,~.1 PtRFE~ IMILSTRI.V. _ R~W'~ w: ~y"1~N ~ PARk 1 ~,.. 1 x ~~Q l ,'' 1 a sw~n~-; k 1 ~ r ~ i _ _._ a,' hf2'v;;'vA 1 ~ ~; ;,' P AZh BIYItES LM£R u: + ~ ~- f R IG G!-~c~'~oLET _ ~R-~~-= ................. 'i$ Mono sue ~ 1 ~~ :::::: :~'3f+~r ~E, ~ is io ,O`'~P ~- .:.IH ~_nRgD Etna '::;::: ~:~~~:::~~'~ lY ~ ~~ ,,.,. .. __ ... ............::::::::::::::: ~ 4 / i __._ ................~:~S:i; i::o:........... Q: .............. r '~_., ................ i I 7iiiiiiiiii:•••• iFST ,-TO FRGWI/SE RD NOPTn II _,~.:_:: l., r .::::::::::::... „ -~ OFFI GI ~L . ZoN~ Dls-z:c- ~~~Y Z.ONiNG M~4P --=ArZG~,LOT~~DRY WHEf~T RI QGE ~~ES~~A~~ OWN~S:iIPV __ r G+TY ~ ~N:1T LINE GOLORPcDO - .. _ _ iJATER -EA'URc DE`~O-ES "JiT:P'~ ApDRE55S `~A? nD0~=2 June ~~. '99L - - . ~W ~~ . ,~ a a ~m am sm roo SCALE '_~ r?ARTH~* OF ~:.AhNI W MD }~(` .' - 73i18S'.