HomeMy WebLinkAboutOrdinance 15352013036887 3/26 /2013 11 :S 1 A M
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Electronica.ly Rec oroed Jefferson C eutty, CO ·
Pam Arderson Cfet1( and R eco rd er T01 000 \
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DeMott
COUNCIL BILL NO. 04
ORDINANCE NO. 1535
Series of 2013
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 12390 W . 44th AVENUE FROM AGRICULTURAL-
TWO (A-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE
NO . WZ 12-11/FRISK)
WHEREAS, Chapter 26 of the Wheat Ridg e Code of Laws establishes
proced ures for the City's review and approval of req uests fo r land use cases; and ,
WHEREAS, Janell and James Frisk have s ubmitted a land use app licatio n for
approval of a zone change to t he Mixed Use-Neighborhood zone d istrict for property
located at 12390 W . 44th Avenue ; and ,
WHEREAS , the subject pro perty has long been underutilized , and the mixed use
zone d istrict will allow for a wider range of uses; and ,
WHEREAS, the proposed zone c ha nge is s upported by th e City's
Comprehe nsive Plan-Envision Wheat Ridge-and by the f-lO/Kipling Corridors Urban
Renewal Plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Secti on 1. Upo n applicat ion by Janel! and James Frisk for approval of a zone
change ordinance f rom Agricultura l-Two (A-2) t o M ixed Use-Neighborhood (M U-
N) for property located at 12390 W . 44 th Aven ue , and pursua nt to the find i ngs
m ad e based on t estimo ny and eviden ce prese nt ed at a p ubl ic hearing befo re the
W heat Ridge City Counci l, a zone change is approved for the f ollowi ng descri bed
lan d :
THE NORTH 200 FEET OF THE SOUTH 641 .50 FEET OF THE WEST 7 5 FEET OF THE
NORTHEAST Y. OF SECTION 20, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6TH P.M.,
ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING ON THE WEST LINE THE NORTHEAST Y. OF SAID SECTION 2 0, AND 441 .5
FEET NORTH OF THE CENTER OF SAID SECTION 20 AND 200 FEET SOUTH OF THE
SOUTH LINE OF WEST 44TH AVENUE ; THENCE NORTH A LONG THE WEST LINE 200 FEET
TO THE SOUTH LINE OF WEST 44TH AVENUE ; THENCE EAST ALONG THE SOUTH LINE OF
SAID WEST 44TH AVENUE 75 FEET; THENCE SOUTH AND PARALLEL WITH THE WEST
LINE, 200 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID WEST 44TH
AVENUE 7 5 FEET TO THE PO INT OF BEGINNING.
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 objective 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 7 to 0 on
this 251h day of February, 2013 , ordered it published with Public Hearing and
consideration on final passage set for Monday, March 25, 2013 at 7:00 o'clock p.m .,
in the Council Chambers, 7500 West 291h 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
avoteof 8 to o ,this 25 t h dayof Xnrch ,2013.
ATTEST:
J
151 publication : February 28 , 2013
2 "d publication : March 28 . 2013
Wheat Ridge Transcript:
Effective Date: April 12 . 2013