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HomeMy WebLinkAboutOrdinance 1827 - Blue Columbine ODPCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON Council Bill No. 14 Ordinance No. 1827 Series 2025 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11571 AND 11581 WEST 44TH AVENUE FROM AGRICULTURAL-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-23-09) 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, Caddis Collaborative submitted a land use application for approval of a zone change to the Planning Residential District (PRD) for property at 11571 and 11581 West 44th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which promotes vibrant neighborhoods and an array of housing options; and WHEREAS, the City of Wheat Ridge has adopted the 44th Avenue Subarea Plan, which calls for a high variety of housing as a priority west of Kipling and along the corridor; and WHEREAS, the proposed planned development is necessary and appropriate to accommodate cohousing development which is not contemplated in the City’s standard zoning codes; and WHEREAS, the zone change criteria support the request; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on July 17, 2025, and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Caddis Collaborative for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Residential Development (PRD) for property located at 11571 and 11581 West 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 A: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., WITH THE NORTH LINE OF WEST 44TH AVENUE, WHICH POINT OF INTERSECTION LIES 1974.1 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 21;THENCE EASTERLY ALONG THE NORTH LINE OF WEST 44TH AVENUE 101.3 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTH LINE 112 FEET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID SECTION 21, 165 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF WEST 44TH AVENUE 112 FEET; THENCE SOUTH 165 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 387 AT PAGE 458, AS FOLLOWS: THE WEST THREE AND ONE-THIRD (3 1/3) ACRES OF THE FOLLOWING DESCRIBED TEN- ACRE TRACT OF LAND DESCRIBED AS COMMENCING AT A POINT 1320 FEET SOUTH FOURTEEN DEGREES THIRTY MINUTES EAST FROM THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 21, T3S, R69W OF THE 6TH PM; THENCE SOUTH FOURTEEN DEGREES THIRTY MINUTES EAST 660 FEET; THENCE NORTH SEVENTY-SIX DEGREES THIRTY MINUTES EAST 640 FEET; THENCE NORTH FOURTEEN DEGREES THIRTY MINUTES WEST 661.5 FEET; THENCE SOUTH SEVENTY-FIVE DEGREES THIRTY MINUTES WEST 640 FEET TO THE PLACE OF BEGINNING, CONTAINING TEN ACRES, MORE OR LESS, (BEING APPROXIMATELY THE NW1/4SW1/4NW1/4 OF SAID SECTION 21) TOGETHER WITH ALL WATER AND DITCH RIGHTS AND PRIVILEGES THEREUNTO BELONGING AND USED FOR IRRIGATION OF SAID WEST 3 1/3 ACRES; SUBJECT TO RIGHTS OF WAY OF DITCHES UPON OR CROSSING OVER SAID 3 1/3 ACRES; EXCEPT THAT PARCEL OF LAND CONVEYED TO DOUGLAS G. WILLIAMS AND REBECCA L. WILLIAMS BY DEED RECORDED FEB. 29, 1968 IN BOOK 2000 AT PAGE 710 OF THE JEFFERSON COUNTY RECORDS 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 Ordinances Repealed. If any section, subsection, or clause of this 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 fifteen (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 28th day of July 2025, ordered published by title in the newspaper 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 August 25, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 25th day of August 2025. SIGNED by the Mayor on this 26th day of August 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: July 29, 2025 Second Publication: August 26, 2025 Effective Date: September 10, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us