HomeMy WebLinkAboutOrdinance 1811 - PMUD Zoning at Clear Creek CrossingCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 26
Ordinance No. 1811
Series 2024
TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE EXISTING
PLANNED MIXED-USE DEVELOPMENT (PMUD) ZONING AT CLEAR CREEK
CROSSING (CASE NO. WZ-24-01)
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, Evergreen – Clear Creek Crossing, LLC submitted a land use
application for approval of an amendment to the existing Planned Mixed-Use
Development (PMUD) zoning for property at Clear Creek Crossing; and
WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a mixed-use regional destination
including restaurant and entertainment uses; and
WHEREAS, the existing zoning calls for a primary pedestrian-oriented restaurant
and entertainment district to be located in Planning Area 3; and
WHEREAS, the proposed zoning relocates the primary pedestrian-oriented
restaurant and entertainment district to the west side of Planning Area 6 to recognize
market realities while enhancing the public realm; and
WHEREAS, the zone change criteria support the request; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on November 21, 2024, and recommended approval of an amendment to the Prospect
Park ODP.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Upon application by Evergreen – Clear Creek Crossing, LLC for
approval of an amendment to the existing Planned Mixed-Use Development (PMUD) zoning at Clear Creek Crossing, 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:
TRACTS A & B, CLEAR CREEK CROSSING SUBDIVISION FILING NO. 3; LOT 1,
BLOCK 1, SCL HEALTH LUTHERAN MEDICAL CENTER AT CLEAR CREEK CROSSING; LOT 1, OUTLOOK AT CLEAR CREEK CROSSING SUBDIVISION; LOT 2,
BLOCK 4, CLEAR CREEK CROSSING LOT 2 BLK 4 REPLAT; LOT 1, BLOCK 4, CLEAR CREEK CROSSING BLK 4 REPLAT; LOT 3, BLOCK 4, CLEAR CREEK
CROSSING BLK 4 REPLAT; LOT 1, BLOCK 3, KUM & GO AT CLEAR CREEK
CROSSING; LOT 2, BLOCK 3, KUM & GO AT CLEAR CREEK CROSSING; TRACT A, CLEAR CREEK CROSSING RETAIL; LOT 2, BLOCK 2, CLEAR CREEK CROSSING
RETAIL; LOT 1, BLOCK 2, CLEAR CREEK CROSSING RETAIL, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 19, THE SOUTHWEST QUARTER OF
SECTION 20, THE NORTHWEST QUARTER OF SECTION 29 AND THE
NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this ODP amendment 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. Recording. This Ordinance shall be filed for record with the office of
the Jefferson County Clerk and Recorder.
Section 6. 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
9th day of December 2024, ordered published by title and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and
consideration on final passage set for Monday, January 13, 2025, at 6:30 p.m.,
as a virtual meeting and 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 0, this 13TH day of January 2025.
SIGNED by the Mayor on this 21st day of January 2025.
ATTEST:
Margy Greer, Senior Deputy City Clerk
Bud Starker, Mayor
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: December 10, 2024
Second Publication: January 14, 2025 Effective Date: January 29, 2025
Published: Jeffco Transcript and www.ci.wheatridge.co.us