HomeMy WebLinkAboutOrdinance 15582014088022 10/161201410:54AM
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ElectromcaUy Recorded Jefferson Co~ty CO
Pam Anderson . Cl erk and Reco rder TD1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 12
ORDINANCE NO. 1558
Series of 2014
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4360 GRAY STREET FROM NEIGHBORHOOD
COMMERCIAL (NC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ /GERMANO)
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, Rocco Germano has submitted a land use application for approval
of a zone change to the Mixed Use-Ne ighborhood zone district for property located at
4360 Gray Street; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a mix of land uses and appropriate transitions
between commercial corridors and neighborhoods ; and ,
WHEREAS, the City of Wheat Ridge Planning Commission held a public heari ng
on September 4 , 201 4 and voted to rec ommend 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 Rocco Germano for approval of a zone change
ordinance from Neighborhood Commercial (NC) to Mi xed Use-Neighborhood
(MU-N) for property located at 4360 Gray Street, and pursuant to the findings
made based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council , a zone change is approved for the following described
land :
LOT 4 , SEGER SUBDIVISION , COUNTY OF JEFFERSON , STATE OF
COLORADO
Section 2. Vested Property Rights. Approval of this zone cha nge does not
create a vested property right. Vested property rights may only arise and a ccrue
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 d eclares that this o rd inance 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 publi c 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 .
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 81h day of September, 2014 , ordered it published with Public Hearing and
consideration on final passage set for Monday, October 13, 2014 at 7:00 o'clock p.m .,
in the Council Chambers, 7500 West 291
h 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 8 to 0 , this 13th day of October , 2014.
SIGNED by the Mayor on this 13 t h day of __ o_c_t_ob_e_r __ , 2014.
ATTEST:
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1st publication: s~~'~,...'VI
2nd publication : October 16,
Wheat Ridge Transcript:
Effective Date: October 31, 2014