HomeMy WebLinkAboutOrdinance 1590TITLE:
2015132248 12/15/20159:17 AM PGS 2 $16.00 OF $0.00
Etecttomcally Recorded Jefferson County, co
Faye Griffin. Cerk and Recorder T01000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WOODEN
COUNCIL BILL NO. 29
ORDINANCE NO. 1590
Series of 2015
AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 10590 WEST 44th AVENUE FROM PLANNED
COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE-
NEIGHBORHOOD (MU-N) (CASE NO. WZ-15-04/GOLABEK)
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, Slawomir Golabek has submitted a land use application for approval
of a zone change to Mixed Use Neighborhood zone district for property located at
10590 W. 44th Avenue; and ,
WHEREAS, the subject property has long been underutilized, and the Mixed Use
-Neighborhood zone district will accommodate redevelopment of the site; 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 Slawomir Golabek for approval of a zone change
ordinance from Planned Commercial Development (PCD) to Mixed Use-Neighborhood
(MU-N) for property located at 10590 W. 44th 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:
Lot 19 of Jaylarry Subdivision, City of Wheat Ridge, County of Jefferson, State of
Colorado, except any portion lying within the southerly 33 feet adjacent to the
centerline of West 44th Avenue as monumented by the City of Wheat Ridge,
Colorado.
Said parcel contains 24,894 square feet.
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 gth day of November, 2015, ordered it published with Public Hearing and
consideration on final passage set for Monday, December 14, 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 o , this 14th day of December, 2015.
SIGNED by the Mayor on this 14th day of December
ATTEST:
Janelle Sh21ver, City Clerk
tAt.. lk) ~+-< "t ~ i)<.,;>...... ~
1st publication: November 12, 2015
2nd publication : December 17, 2015
Wheat Ridge Transcript:
Effective Date: January 1, 2016
12015.