HomeMy WebLinkAboutOrdinance 15322013019530 2/15/20132:39 PM
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CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER JAY
COUNCIL BILL NO. 01
ORDINANCE NO. 1532
Series of 2013
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4335 HARLAN STREET FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ 12-10/FERNANDEZ)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedu res for t he City's review and approval of requests for land use cases : and.
WHEREAS, Arturo Fernandez has submitted a land use appl ic ation for approval
of a zone change to the Mi)(ed Use-Neighborhood zone d istrict for property located at
4335 Harlan Street. and .
WHEREAS , the City of Wheat Ridge has adopted a comprehensive plan-
Envisio n Wheat Ridge-wh ic h calls for a mi)( of land uses along neighborhood corridors
s uch as Harlan Street: and,
WHEREAS, the City of Wheat Ridge Planning Commiss io n held a pub lic heanng
on December 6 . 2012 and voted to recommend appro val of rezoning the property to
Mixed Use-Neighbor hood (MU -N ) .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Arturo Fernandez for approval of a zone change
ordinance from Restncted Commercia l (RC ) to Mixed Use -Neighborhood (MU -N)
for p roperty located at 4335 Harlan Street, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat R idg e C ity Council, a zone change is approved for the fo llo wing described
land :
EAST Y2 OF LOT 5. KAREN SUBDIVISION . COUNTY OF JEFFERSON. STATE
OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may on ly arise and accrue
pursuant to the provisions of Section 26 -121 of the Code of Laws of the C ity of
Wheat Ridge
Section 3. Safety Clause. The City of Wheat Ridge hereby finds . determines .
and declares that th is ordinance is promulgated under the general polic e power
of the C ity of Wheat Ridge , that it is promu lgated for the health, safety, and
welfare of the pub lic and that thts ordinance is necessary for the preservat ion of
health and safety and for the protection of public convenience and welfare. The
City Council further determi nes 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 ordinanc es 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 7 to 0 on
this 141h day of January, 2013, ordered it published with Public Hearing and
consideration on final passage set for Monday, February 11, 2013 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 f i nal publication
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
avoteof 8 to 0 .this 1 1 th dayof Februa ry ,2013.
ATIEST:
anelle Shaver, C tty Clerk
1st publication: January 17. 2013
2"d publication : Febru<!rv 14, :?UlJ
Wheat Ridge Transcript:'
Effective Date : ~ta rch l, 2013
Geadbahl. City Attorney
. 2013.