HomeMy WebLinkAboutOrdinance 1564~~~0122433 2111 /20159·19AM
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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
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Gerald Dahl , City Attorney