HomeMy WebLinkAboutOrdinance 16392018027098 3/27/20189:19AM
PGS . 3 $23.00 OF $0.00
Electronically Recorded Jefferson County, co
Faye Griffin. Clerk and Recorder TD1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 05
ORDINANCE NO. 1639
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL-
ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE
NO. WZ-18-01/KENNEDY)
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, Tom Kennedy submitted a land use application for approval of a
zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located
at 4433 Tabor Street; and,
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan -
Envision Wheat Ridge -which calls for the redevelopment of and reinvestment in
underutilized properties; and,
WHEREAS, the designation of the subject property on the Comprehensive Plan
Structure Map is Mixed Use Commercial, and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on February 15, 2018 and voted to recommend 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 Tom Kennedy for approval of a zone change
ordinance from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for
property located at 4433 Tabor 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:
PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003)
A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE
NORTHEAST CORNER;
THENCE 315' WEST;
THENCE 132' SOUTH;
THENCE 315' EAST;
THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT
PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT
RECEPTION #85021775
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 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 1 on
this 26th day of February 2018, ordered itpublished with Public Hearing and
consideration on final passage set for 1V1onday, March 26, 2018 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 S to o , this 26th day of March , 2018.
SIGNED by the Mayor on this _2_6t_h_ day of _Ma_r_ch ____ , 2018.
Bud Starker, Mayor
ATIEST:
Jan ~ver, City Clerk
1st publication: March 1, 2018
2nd publication: March 29, 2018
Wheat Ridge Transcript:
Effective Date: April 13, 2018
Gerald Dahl, City Attorney