HomeMy WebLinkAboutOrdinance 1793 - Rezone of 10840 W. 41st PlCITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 08
ORDINANCE NO. 1793 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10840 W. 41ST PLACE FROM AGRICULTURAL-
ONE (A-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-24-03) 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, Mark Brannon has submitted a land use application for approval of a zone change to the Residential-One B (R-1B) zone district for property located at 10840 W. 41st Place; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates areas containing established neighborhoods, including the subject site, as a priority for encouraging reinvestment in underutilized properties, maintaining consistent character, and creating opportunities for dwelling ownership; and
WHEREAS, a rezoning to R-1B would encourage revitalization of the site and will enable the land to become conforming; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 18, 2024, and recommended approval of rezoning the property to Residential-One B (R-1B). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, 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 PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 21, FROM WHENCE THE SOUTH QUARTER CORNER BEARS S00°18'34"E A DISTANCE OF 2647.47 FEET FOR A BASIS OF BEARING;
THENCE S09°48'22"E A DISTANCE OF 1194.80 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE AND THE POINT OF BEGINNING; THENCE S00°18'34"E A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTTON 21;
THENCE S89°24'19"W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21. A DISTANCE OF 140.00 FEET;
THENCE N00°18'34"W A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE; THENCE N89°24'19'E ALONG SAID SOUTH LINE OF WEST 41ST PLACE, A
DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING;
CONTAING 20,797 SQUARE FEET (0.477 ACRE), MORE OR LESS. Section 2. 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 3. 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 4. 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 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
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 8 to 0 on this 13th day of May 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and 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 6 to 0, this 10th day of June 2024. SIGNED by the Mayor on this 12th day of June, 2024.
______________________________________ Bud Starker, Mayor ATTEST:
____________________________________ Margy Greer, Sr. Deputy City Clerk Approved as to Form
_
______________________________________
Gerald Dahl, City Attorney
1st publication: May 14, 2024
2nd publication: June 11, 2024
Jeffco Transcript: Effective Date: June 26, 2024