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HomeMy WebLinkAboutOrdinance 1564~~~0122433 2111 /20159·19AM $16.00 OF so 00 ~leclronJcally Recorded Jefferson County CO • aye Grtffn, C'erlc and Rec()(def TD1000 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 01-2015 ORDINANCE NO. 1564 Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO . WZ 14-11/ KAPLAN) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establ ishes procedures for the City 's review and approval of requests for land use cases ; and WHEREAS, Benjam in Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone distri ct for property located at 4295 Harlan Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehens ive plan- Envision Wheat Ri dge-which calls for a mix of land uses and appropriate trans itions between commercial corridors and ne ighborhoods; and WHEREAS, the City of Wheat Ridge Planning Comm ission held a publ ic hearing on December 18 , 2014 and voted to recommend approval of rezon ing the property to M ixed 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 Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4295 Harlan 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 : T H E EAST 135 FEET OF T HE NORTH 75 FEET OF LOT OR PLOT I , KARE N SUBD I VIS ION, COUNTY O F JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approva l of th is 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 publ ic and that this ordinance is necessary for the preservation of health and safety and for the p rotection of public conven ience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legisl ative object sought to be atta ined . Section 4. Severabilitv : Confl icting Ord inance Re pealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutiona l 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 Ordi n ance shall take effect 15 days after final publicat ion , as provided by Section 5.11 of the Charter. INTRODUC ED, READ , AND ADOP TED on first reading by a vote of 8 to 0 on th is 121h day of January, 2015 , orde red it published with Public Hearing and consi deration on final passage set for Monday , February 9 , 2015 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 8 to o , this 9th day of February, 2015 . ATTEST: 1st publication : January 15,2015 2 "d p u blication: February 12, 2015 Wheat Ridge Transcript: Effective Date: February 27 . 2015 _F:...:e::..:b..:..ru=..:a::..::r~y ___ , 2015 . Gerald Dahl , City Attorney