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HomeMy WebLinkAboutOrdinance 1813 - Prospect Park Plan AmendmentCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON Council Bill No. 28 Ordinance No. 1813 Series 2024 TITLE: AN ORDINANCE APPROVING AN AMENDMENT TO THE PROSPECT PARK OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11600 W. 44TH AVENUE (CASE NO. WZ-24-07) 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, Applewood RV Resort, LLC has submitted a land use application for approval of an amendment to the Prospect Park ODP for property located at 11600 W. 44th Avenue; and WHEREAS, the City of Wheat Ridge has adopted the comprehensive plan, which designate the site as “Neighborhoods” and W. 44th Avenue as a “Neighborhood Commercial Corridor”, encouraging neighborhood revitalization and a mix of uses in the area; and WHEREAS, an amendment to the ODP would encourage revitalization of the site and will enable the development to add value to the area through high-quality and thoughtful design; 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 the City of Wheat Ridge for approval of an amendment to the Prospect Park ODP for property located at 11600 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, an ODP amendment is approved for the following described land: LOTS 1 AND 2, PROSPECT PARK PLACE MINOR SUBDIVISION-REPLAT OF LOTS 2 AND 3, 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: Bud Starker, Mayor Margy Greer, Senior Deputy City Clerk 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