HomeMy WebLinkAboutOrdinance 15612014105316 12110/20148:33AM
PGS 3 $21 .00 OF $0.00
Electrortcally ~ecOI'ded Jeff erson Coll'lty CO
Pam Anderson. Cleric and Recorder T01000 N
CITY OF WH EA T RIDG E
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCI L BILL NO. 15
ORDINANCE NO. l56l-
Series of 2014
TITLE : AN ORDINANCE APPROVING THE REZONIN G OF PROPERTY
LOC A TED A T 6904-6940 W. 48TH AVENUE FROM
RES IDENTIAL-THREE (R-3) TO PLANN ED RES IDENTIAL
DEVELOPMENT (PRO ) (CASE NO. WZ 14-0 5 I SOMERS ET)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws estab lishes
procedures for the City 's review and approval of requests for land use cases; and ,
WHEREAS, the Somerset Homes Condominiums Homeowners Association has
submitted a land use application for approval of a zone change to the Planned
Residential Development zone district for property located at 6904-6940 W . 481h
Avenue ; and ,
WH EREAS, the City of Wheat Ridge has adopted a comprehens ive plan-
Envision Wheat Ridge-which calls for increased homeownersh ip opportunities and
stable neighborhoods; and ,
WHEREAS , the City of Wheat Ridge P lann in g Comm ission held a public hearing
on October 16 , 2014 and voted to recomm e nd approval of rezoning the property to
Planned Residential Development (PRO ) ,
NOW THEREFORE B E IT ORDAINED B Y T HE CITY COUNCIL OF THE CITY
O F WH EAT RIDG E, COLORADO :
Se ction 1. Upon application by Somerset Homes Condominiums Homeowners
Association for approval of a zone change ordinance from Residential Three
(R -3) to Planned Residential Development (PRO) for property located at
6904-6940 W . 48th Avenue, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge
City Council , a zone change is approved for the following described land :
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION
23, TOWNSHIP 3 SOUTH . RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN , CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO
BEING A PORTION OF LOT 27 , COULEHAN GRANGE , A SUBDIVISION
RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND
RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND
SHOWN ON T HE CONDOMINIUM PLAT OF SOMERSET HOMES, A
CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23 ;
THENCE S.00 °13'27"E. ALONG THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER A DISTANCE OF 30 .70 FEET TO A POINT ON THE EXTENSION
OF THE SOUTH R IGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE
S .89°43'21'W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF
253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE
TRUE POINT OF BEGINNING ; THENCE CONTINUING S . 89°43'21 'W . ALONG
SAID LINE A DISTAN CE OF 132.00 FEET TO THE NORTHWEST COR NER OF
SAID TRACT; THENCE S.00°13'27"E. A DISTANCE OF 300 .20 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT, BEING A POINT ON THE SOUTH
LI N E OF SAID LOT 27; THENCE N.89 °43'09"E. ALONG THE SOUTH LINE OF
SAID LOT 27 A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORN ER
OF SAID TRACT; T HENCE N.00 °13'27'W. A DISTA N CE OF 300 .19 FEET TO
THE TRUE POINT OF BEGINNING , CONTAINING AN AREA OF 39,626
SQUARE FEET OR 0 .910 ACRES MORE OR LESS.
Secti on 2. Ves t ed Property Rig h ts. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge .
Section 3 . Sa f ety C lause. The City of Wheat Ridge hereby finds , determi nes,
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 4 . Severability ; Confli cting Ordi nance Rep ealed. If any section ,
s u bsection or clause of the ordinance shall be deemed to be unconstit utional 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 .
Se ctio n 5. Effe ctiv e Da t e. Th is Ordinance shall take effect 15 days after final
publication , as provided by Sect ion 5 .11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first read i ng by a vote of 7 to 0 on
this 271h day of October, 2014, ordered it published w ith Public Heari ng and
consideration on final passage set for Mo n day, Dec em be r 8 , 2014 at 7 :00 o 'cloc k
p .m ., in the Council Chambers, 7500 West 291h Avenue , Wheat Ridge , Colorado, and
that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final read i ng by
a vote of 6 to 0
I this 8 th day of December I 2014.
S IGNED by the Mayor on this 8 t h day of December 1 2014 .
1st publ ication : November 6 , 2014
2 "d publication : December 11, 2014
Wheat Ridge Transcript:
Effective Date : December 26 , 2014