HomeMy WebLinkAboutOrdinance 1751 - 44th Ave. WZ-22-08CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER OHM
COUNCIL BILL NO. 21
ORDINANCE NO. 1751
Series of 2022
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 7525 W. 44TH AVENUE FROM COMMERCIAL-ONE
(C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-22-
08)
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, Foothills Regional Housing has submitted a land use application for
approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for
property located at 7525 W. 44th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates the area along Wadsworth,
including the subject site, as a priority for improving the appearance and function of the
corridor and working to redevelop outdated and underutilized properties; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on November 3, 2022 and voted to recommend approval of rezoning the property to
Mixed Use-Commercial (MU-C).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Foothills Regional Housing for approval of a
zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial
(MU-C) for property located at 7525 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:
PARCEL ONE:
THE SOUTH 320 FEET OF BLOCKS 5 AND 6, COULEHAN GRANGE; EXCEPT
THE EAST 148.4 FEET OF THE SOUTH 145 FEET OF SAID BLOCK 5;
EXCEPT THE EAST 243 FEET OF THE NORTH 120 FEET OF THE SOUTH
320 FEET OF SAID BLOCK 5; EXCEPT THE EAST 35 FEET OF SAID BLOCK
5; EXCEPT THE WEST 10 FEET OF THE SOUTH 150 FEET OF SAID BLOCK
6; EXCEPT THE WEST 22 FEET OF THE NORTH 170 FEET OF THE SOUTH
320 FEET OF SAID BLOCK 6 EXCEPT THE SOUTH 10 FEET OF BLOCKS 5
AND 6; EXCEPT THE WEST 175 FEET OF THE SOUTH 150 FEET OF SAID
BLOCK 6, EXCEPT THAT PORTION OF SUBJECT PROPERTY GIVEN TO
CITY OF WHEAT RIDGE IN FINAL RULE & ORDER RECORDED APRIL 12,
2022 AT RECEPTION NO. 2022034802, COUNTY OF JEFFERSON, STATE OF
COLORADO.
PARCEL TWO:
A NONEXCLUSIVE EASEMENT FOR ROADWAYS, WALKWAYS, INGRESS
AND EGRESS, AS SET FORTH IN THE AGREEMENT RECORDED MARCH
30, 1972 IN BOOK 2358 AT PAGE 384 IN THE RECORDS OF JEFFERSON
COUNTY, 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 8 to 0 on
this 14th day of November, 2022, ordered it published with Public Hearing and
consideration on final passage set for Monday, December 12, 2022 at 7:00 o’clock
p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions,
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 0, this 12th day of December, 2022.
SIGNED by the Mayor on this 14th day of December, 2022.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: November 17, 2022
2nd publication: December 15, 2022
Jeffco Transcript
Effective Date: 12/30/2022