HomeMy WebLinkAboutOrdinance 1586TITLE:
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CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 23
ORDINANCE NO. 1586
Series of 2015
AN ORDINANCE APPROVING A ZONE CHANGE FROM
RESIDENTIAL-ONE (R-1) TO MIXED USE-NEIGHBORHOOD (MU-N)
FOR PROPERTY LOCATED AT 10191 W. 38th AVENUE (CASE NO.
WZ-15-06/BUCK)
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, a land use application has been submitted for approval of a zone
change to Mixed Use-Neighborhood zone district for property located at 10191 W. 381h
Avenue; and
WHEREAS, the subject property is in an area cu rrently undergoing change and
redevelopment; and
WHEREAS, the proposed zone change is supported by the City's
Comprehensive Plan-Envision Wheat and the zone change criteria specified in
Section 26-112.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Michael Buck for approval of a zone change
from Residential-One (R-1) to Mixed Use-Neighborhood (MU-N) for property
located at 10191 W. 381h Avenue, 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:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS:
A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21 ,
Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson,
State of Colorado, being more particularly described as follows:
Commencing at the Southeast corner of the East one half of the Southeast Quarter of
the Southeast Quarter of Section 21 , whence the South Quarter corner thereof bears
South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence
North 00 degrees 08 minutes 23 seconds West along the West line of the East half of
the Southeast Quarter of the Southeast Quarter of said Section 21 , a distance of 30.00
feet to a point on the North right-of-way line of West 38th Avenue, being the point of
beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance
of 140.00 feet; thence North 89 degrees 12 mmutes 43 seconds to a point on said North
right-of-way line, a d1stance of 145.00 feet to the point of beginning,
County of Jefferson, State of Colorado.
Section 2. Vested Property Rights. Approval of this 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 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 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 12th day of October, 2015, ordered it published with Public Hearing and
consideration on final passage set for Monday, November 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 _7 to _0_0, this 9th day of November, 2015.
SIGNED by the Mayor on this 9th day of November 12015,
ATTEST:
1st publication: October 15, 2015
2"d publication: November 12 , 2015
Wheat Ridge Transcript:
Effective Date: November 27 , 2015