HomeMy WebLinkAboutOrdinance 2010-1474
TITLE: 2010113917 12/15/2010 10:05:03 AM PGS 4 $26.00 DF $0 Electronically Recorded Jefferson Countv CO Pam Anderson, Clerk and Recorder TD1000 N CITY OF WHEAT RIDGE, COLORADO INTRODUCED
BY COUNCIL MEMBER SANG COUNCIL BILL NO. 19 ORDINANCE NO. 1474-Series 2010 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 44TH AVENUE AND WADSWORTH
TO THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ-10-07) WH EREAS. the City Council of the City of Wheat Ridge is authorized by Section 26-113 of the Wheat Ridge Code of
Laws to initiate rezoning of property; and WHEREAS. the City Council of the City of Wheat adopted a resolution on Se~tember 13, 2010 Initiating the rezoning of property located at the
southeast corner of 441 Avenue and Wadsworth to Mixed Use-Commercial (MU-C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive
plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop redevelop over time with a higher density, mixed use development pattern; and WHEREAS,
properties located at the southeast corner of 44th and Wadsworth are included in those plans and are recommended for future mixed use development, including the development of a "town
center" land use pattern that promotes a more active and pedestrian-friendly environment; and WHEREAS, Renewal Wheat Ridge has acquired 3 properties in this location totaling 9 acres
and is working with a Master Developer on redevelopment plans that would included mixed use development, anticipated to include office, retail, and residential; and WHEREAS, the existing
zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of the property to Mixed use-Commercial (MU-C) would
support the development concept being proposed and would expedite the ability of Renewal Wheat Ridge to redevelop all or part of the area into the land use pattern and urban form that
the City desires; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 4, 2010 and voted unanimously to recommend approval of rezoning ofthe property
to Mixed Use-Commercial (MU-C).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public
hearing before the Wheat Ridge City Council, Mixed Use-Commercial (MU-C) zoning is approved for the following described land: The parcels commonly known as 4350 Wadsworth Boulevard and
described at Reception Number 223110190 as recorded in the official records of Jefferson County, State of Colorado; and The parcels commonly known as 7540 West 44th Avenue and described
at Reception Number 89006508 as recorded in the official records of Jefferson County, State of Colorado; and The parcels commonly known as 7340 West 44th Avenue and described at Reception
Number H908376A as recorded in the official records of Jefferson County, State of Colorado; as depicted in Exhibit A. The area to be rezoned includes adjacent right-of-way, extending
to the centerline of that right-of-way, which borders the parcels described above. Section 2: Approval of this zoning 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 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 objective sought to be attained. Section 4: Severability; Conflicting Ordinances 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: 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 0 on this 22nd day of November, 2010, ordered it published with
Public Hearing and consideration of final passage set for Monday, December 13th, 2010 at 7:00 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 7 to _1_, this 13th day of December , 2010. SIGNED by the Mayor on this __ -/>,._-----' 2010. o Gerald E. Dahl, City Attorney First Publication: city website November 23, 2010:
Transcript, December 2, 2010 Second Publication: December 16, 2010 Wheat Ridge Transcript: _________ _ Effective Date: December 31, 2010
I Exhibit A: Area to be rezoned to Mixed Use-Commercial (MU-C) i, ;, ~ ~-~~--+---,.---I----~ c ~ •• L -. 04350 '04350 ~ I f---~ ~ . 04350 04350 ~ ~-~--~04~,L.o~-----04350 'II.i---~....
·----! UJ '0 ,!Z. \;-.j [--_~L~ 44TH AVE 07540 I 07540 07340 07340 --! 07340 ···············i i -I ~~~~~-i ,1 ~: --I----~---j 07340 ..... i tJmU=11 ~-L-----l----r---YII c----L'I---+-r+''''~I:'''-;-''
''·C'--l --'---~-----1-"., .. _ I _---j I , ' I ---1: ~~~ j'l ..........