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HomeMy WebLinkAboutOrdinance 15362013043677 4/1112013 2:41 PM PGS 2 $16.00 OF $0 00 ; ectron calty R~oroed Jefferson County. co · am Anderson. Clerk ana Recorder TO·ooo 1\ CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER JAY COUNCIL BILL NO. 05 ORDINANCE NO. t53b Series of 2013 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6700 W. 44th AVENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 13-01/CAMAROS PLUS) 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, Steven Pelletier has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 6700 W . 441h Avenue; and , WHEREAS, the City of Wheat Ridge has adopted a comprehens ive plan- Envision Wheat Ridge-which calls for a mix of land uses along neighborhood commercial corridors such as W . 441h Avenue; and , WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 7 , 2013 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Steven Pelletier for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU -N) for property located at 6700 W . 441h Avenue , and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat R idge City Council , a zone change is approved for the followi ng described land : LOT 21 , LIONEL SUBDIVISION AND LOT 22 , LILLIAN 'S FIRST ADDITION , EXCEPT THAT PORTION OF LOT 22 CONVEYED IN INSTRUMENT RECORDED SEPTEMBER 10, 1968 IN BOOK 2046 AT PAGE 393. 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 . Se ction 4 . Seve rability; Conflic ting Ordi nan c e Repeal ed . 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 . Secti on 5. Effective Date. This Ordi nance s hall take effect 15 days after fina l publication, as p rovid ed by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on fi rst reading by a vote of 5 to 0 on this 11th day of March , 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, April 8, 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 final publication . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of s to a . this Bth day of 4pri 1 , 2013. J lie Shaver, City Clerk 1st publication : March 14, 2013 2 nd publication : April ll, 2013 Wheat Ridge Transcript: Effective Date: April 26, 2013 _ _;A!....pr_i_l ___ , 2013. Gerald Dahl , City Attorney