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HomeMy WebLinkAboutOrdinance-1997-1092 - - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 28 Ordinance No. 1092 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS IN PLANNED RESIDENTIAL DEVELOPMENTS IN THE PRD 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 UllltS III 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, the City Council wishes to implement certain of these recommelldations within the PRD District, and WHEREAS, the City Council is authorized by Charter Section 5 10 1 (e) to reduce density ill any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO 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 GED\53027',258111 01 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 011 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 ill the City of Wheat Ridge for present and future residents Section 2 Section 26-25(IV)(B)(1 )(c) of the Wheat Ridge Code of Laws, Planned Residential Development District (PRD), is amended as follows (c) Density maximum twenty one (21) sixteen (16) units per acre Section 3 Section 26-25(IV)(B)(1 )(K)(3) of the Wheat Ridge Code of Laws, Planned Residential Development District (PRD) is amended to read Land used for commercial uses shall be calculated separately and may not be included in the land area used to calculate the maximum of twenty one 121) SIXTEEN 116) RESIDENTIAL units per acre m~JndJted by WheJt Ridge Home Rulo CI1Jrtor To ensure this, where commercial uses are a part of a Planned Residential Development, the area used for commercial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc If the commercial uses are part of a generally residential building, or for other reasons cannot be clearly separated from the reSidential areas, the land attributable to the commercial use shall be considered to be the budding square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress-egress, landscaping, roadways, etc Commercial ventures solely for the use of the residents, such as food service, laundry facilities, etc , shall be considered an amenity rather than a commercial use, and the land and buildings occupied by such uses are not required to be subtracted from the total acreage before computing the maximum of twenty one (21) SIXTEEN (16) RESIDENTIAL units per acre GlD53027 25811101 -2- Section 4 Section 26-25 (IV) (B) (1) is hereby further amended by the addition of a new subsection 26-25(IV)(B)( 1 )(1) to read (I) The requirements of this subsection 26-25(IV)(B)( 1) shall not apply to impose a density requirement of less than twenty-one (21) units per acre, with respect to the reconstruction of residential dwellings in the PRD district, where such structures and their reconstruction meet all of the following requirements (11 the structure was legally In existence on September 8, 1997, (21 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 legally in existence (as distinguished from legal nonconforming structuresl Section 5 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 relation to the proper legislative object sought to be attained Section 6 Severabilitv: Conflicting Ordinances Repealed If any section, subsection or clause of this 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 7 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 8 to ~ on this 11 th 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 7 00 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 GED'53027\258111 01 -3- Mayor Wilde did not sign this ordinance. SIGNED by the Mayor on this day of ATTEST WANDA SANG, CITY CLERK First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcript Effective Date October 11, 1997 , 1997 DAN WILDE, MAYOR EY Vetoed by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 8 to O. GED53U2T25811101 -4-