HomeMy WebLinkAboutOrdinance 16192017040946 4/19/201712:18 PM
PGS 4 $28.00 OF $0.00
Electronically Recorded Jefferson County, co
Faye Griffin, Clerk and Recorder-TD1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL NO. 03
ORDINANCE N0.1619
Series of 2017
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4255 YARROW STREET FROM RESIDENTIAL-
TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE
NO. WZ-16-08/ENVIROFINANCE GROUP)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, EnviroFinance Group, LLC has submitted a land use application for
approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for
property located at 4255 Yarrow Street; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan -
Envision Wheat Ridge -which calls for the redevelopment of and reinvestment in
underutilized properties; and,
WHEREAS, The City of Wheat Ridge has adopted the Wadsworth Corridor Plan
which designates the property as Medium High Density Residential; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on February 16, 2017 and voted to recommend approval of rezoning the property to
Mixed Use-Neighborhood (MU-N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by EnviroFinance Group, LLC for approval of a
zone change ordinance from Residential -Two (R-2) to Mixed Use-Neighborhood
(MU-N) for property located at 4255 Yarrow Street, 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:
PARCEL A:
THAT PART OF THE NEORTHWEST X OF THE NORTHEAST X OF THE
SOUTHWEST X SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 5TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH BEARS NORTH [00 '15 '28) EAST, 160
FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST X ON THE
WEST LINE THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID
NORTHEWEST X DISTANCE OF [234] FEET; THENCE EAST PARALLEL TO
THE SOUTH BOUNDARY OF SAID NORTHWEST% TO THE WEST
BOUNDARY LINE YARROW STREET AS DESCRIBED IN INSTRUMENT
RECORDED DECEMBER 4, 1961 IN BOOK [1429] AT PAGE [526],
JEFFERSON COUNTY RECORDS; THENCE SOUTH [00 '17' '44'] WEST
ALONG THE WEST LINE OF YARROW STREET TO A POINT [15] FEET
NORTH OF THE SOUTH BOUNDARY LINE OF SAID NORTHWEST %;
THENCE TO THE RIGHT ALONG THE ARC OF A CURVE, HAVING A RADIUS
OF [15] FEET, A DISTANCE OF [23.56] FEET TO A POINT ON THE SOUTH
LINE OF SAID NORTHWEST [1/4]; THENCE NORTH [89 "47' 19"] WEST
ALONG THE SOUTH LINE OF SAID NORTHWEST% A ISTANCE OF [260.72
FEET; THENCE NORTH PARALLEL TO THE WEST BOUNDARY LINE OF
SAID NORTHWEST% A DISTANCE OF [160] FEET; THENCE WEST AND
PARALLEL TO THE SOUTHERLY LINE OF SAID NORTHWEST% A
DISTANCE OF [358] FEET MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL B:
ACCESS AND EASEMENT MAINTENANCE EASEMENTS AS GRANTED AND
SET FORTH IN THE WARRANTY DEED RECORDED [AUGUST 26, 1976] IN
BOOK [2894] AT PAGE [513].
SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD.
PARCEL C:
THAT PART OF THE NEORTHWEST % OF THE NORTHEAST % OF THE
SOUTHWEST% SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST%
AND FOLLOWING THE WEST LINE THEREOF NORTH [0"15 ' 28] EAST A
DISTANCE OF [394.00] FEET TO THE NORTHWEST CORNER OF THE
PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN THE
JEFFERSON COUNTY CLERK AND RECORDERS OFFICE RECORDED
AUGUST 26, 19761N BOOK [2894] AT PAGE [513], SAID POINT ALSO BEING
THE SOUTHWEST CORNER OF THE CHARLES GRAUL JR. MINOR
SUBDIVISION; THENCE SOUTH [89 "47" 19"] EAST ALONG THE NORTH
LINE OF SAID PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED
AUGUST 26, 19761N BOOK [2894] AT PAGE [513] A DISTANCE OF [104.15]
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
THE NORTH LINE OF SAID PARCEL SOUTH [89 "47' 19'] EAST A DISTANCE
OF [529.99] FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
YARROW STREET; THENCE FOLLOWING THE WEST RIGHT OF WAY LINE
OF YARROW STREET NORTH [O "17' 44"] EAST A DISTANCE OF [7.10] FEET
TO THE SOUTHEAST CORNER OF THE CHARLES GRAUL JR. MINOR
SUBDIVISION; THENCE FOLLOWING THE SOUTH LINE OF THE CHARLES
GRAUL JR. MINOR SUBDIVISION NORTH [89 "47' 52 ']WEST A DISTANCE
OF [530.0] FEET; THENCE SOUTH [ 0" 15 '28 ']WEST A DSITANCE OF [7.02]
FEET TO THE TRUE POINT OF BEGINNING.
COUNTY OF JEFFERSON, STATE OF COLORADO
PARCEL D:
NON-EXCLUSIVE EASEMENT FOR SEWER LINE AS GRANTED AND SET
FORTH IN EASEMENT AGREEMENT RECORDED MAY 18, 2009 UNDER
RECEPTION NO. 2009044993.
Section 2. Additional Conditions
The following additional conditions are hereby applied to the zone change hereby
approved:
1. Additional traffic information shall be submitted at the time of administrative
site plan review to determine whether the installation of a traffic signal at the
corner of 44th and Yarrow is warranted. If it is warranted, the applicant will be
responsible for the proportional share of the cost of such signal installation.
2. The City shall continue working with the applicant regarding interface with
Happiness Gardens.
3. The City shall continue to work on the review of possible additional access
points from the streets into the development.
Section 3. Vested Property Rights. 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 4. Safety Clause. The City of Wheat Ridge 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; Conflicting Ordinance Repealed. If any section,
subsection or clause of the 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 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 5 to 0 on
this 13th day of March 2017, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 10, 2017 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 10th day of April 2017.
SIGNED by the Mayor on this 10th day of April 2017'.
ATIEST:
etieShaVer, City Clerk
1st publication: March 16, 2017
2nd publication: April 13, 2017
Wheat Ridge Transcript:
Effective Date: April 28, 2017