HomeMy WebLinkAboutOrdinance 2011-1496TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER JAY
COUNCIL BILL NO. 22
ORDINANCE NO. 1496
Series 2011
AN ORDINANCE APPROVING THE COMPREHENSIVE
REZONING . OF PROPERTY ALONG THE WADSWORTH
CORRIDOR BETWEEN W. 35TH AND W. 45TH AVENUES TO
THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT
(CASE NO. WZ-11-03)
WHEREAS, 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 March
14, 2011 initiating the rezoning of property located along the Wadsworth Corridor 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 over
time with a higher density, mixed use development pattern; 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 City's adopted policy for the corridor to redevelop over time in a higher
density, mixed use pattern; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 16, 2011 and voted unanimously to recommend approval of rezoning 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 land:
The area located generally north of West 35th Avenue, west of Upham Street, south of
West 45th Avenue, and east of Yarrow Street, as shown on the below map. The area to
be rezoned includes adjacent right-of-way, extending to the centerline of that right-of-
way.
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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 ofthe 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 30 days after final
publication, as permitted by Section 5.11 of the Charter. Prior to said effective date, any
owner of real property within the area rezoned described in Section 1 hereof may
request that his or her property be removed from the area rezoned. Such request shall
be in writing, shall describe with particularity the property requested to be removed from
the area rezoned, shall be signed by all owners of record of said real property, and shall
be delivered to the Director of Community Development. Upon receipt of a proper,
signed request within the time period specified in this Section 5, said property shall be
removed from the area rezoned and shall retain the zone designation applicable to it
prior to the passage of this Ordinance.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on
this 27th day of June, 2011, ordered it published with Public Hearing and consideration
of final passage set for Monday, July 11th, 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it takes effect 30
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 11th day of July, 2011.
SIGNED by the Mayor on this /30.
First Publication: June 30, 2011
Second Publication: July 14, 2011
Wheat Ridge Transcript:
Effective Date: August 13, 2011