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HomeMy WebLinkAboutOrdinance-1997-1091 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 27 Ordinance No. 1091 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-3A DISTRICT WHEREAS, the City is In the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density, and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure, and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings, and WHEREAS, the City Council has received and reviewed the recommendations of the ComprehenSive Plan ReView Committee and the Planning Commission regarding residential denSity, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, said recommendations include recommendations on two essential components of residential density (1) minimum lot area and (2) minimum land area per reSidential unit, and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District, and WHEREAS, the City Council IS authorized by Charter Section 5 10 1 (e) to reduce density In any zoning district BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO GED',5302~ 2572~~ 03 Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of eXisting built properties Within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that thiS ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the poliCies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential denSity, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Section 26-17 of the Wheat Ridge Code of Laws, Residential - Three A District (R-3A), subsection (F), entitled "Development and Use Regulations," is amended as follows Multifamily (3imore dwelling units) square feet minimum land area per unit 3-,.GOO 3,960 Section 3. Section 26-17(F) IS hereby further amended by the addition of a new footnote (k), to read (k) The requirements of Section 26-7(D)(2) shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-3A district, where such structures and their reconstruction meet all of the follOWing requirements (1) the structure was legally In existence on September 8, 1997, (2) the structure IS located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed This exemption shall not apply to (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not , ~~-I " legally in existence (as d'lstingu'lshed from legal nonconforming structures) Section 4 Safetv 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 relaflon to the proper legislative object sought to be attained Section 5. Severability, Conflicting Ordinances Repealed If any section, subsection or clause of thiS ordinance shall be deemed to be unconstitutional or otherwise invalid, the valid'lty 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 fifteen days after final publication, as provided by Section 5.11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to .-l- on thiS 11 ", day of August, 1997, 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 September 8, 1997, at 700 o'clock pm. 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 6 to 1 ,this 8th day of September , 1997. SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR ATTEST WANDA SANG, CITY CLERK ':;ED ,:?r:::. ,~~""'20i: U:3 3 Mayor Wilde did not sign this ordinance. APPROV First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcnpt Effective Date October 11, 1997 Vetoed by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 7 to 1. I-~ ~J r, ~I - ...:. " , ..2 (b n_~ 4