HomeMy WebLinkAboutOrdinance 1691CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 11 ORDINANCE NO. 1691 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI)
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, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at
9800 W. 38th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in
neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property
to Planned Residential Development (PRD),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone
change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th 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 PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS:
-NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM
CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP
IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF
WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27;
THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST
CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED
AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF
247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN
SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES:
1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET;
3. N 70°16'31" W A DISTANCE OF 166.12 FEET;
4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET;
THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE;
THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES 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. 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 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, July 13th, 2020 at 7:00 o’clock p.m., as a virtual
meeting, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2020.
SIGNED by the Mayor on this _______ day of _______________, 2020.
___________________________ Bud Starker, Mayor
ATTEST:
_________________________
Steve Kirkpatrick, City Clerk
7 1 13th July
13th July
Approved as to Form
__________________________ Gerald E. Dahl, City Attorney First Publication: May 14, 2020 Second Publication: July 16, 2020
Wheat Ridge Transcript
Effective Date: July 31, 2020
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us