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HomeMy WebLinkAboutOrdinance 1842 - rezoning of 3888 Depew St CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MARTELL Council Bill No. 09 Ordinance No. 1842 Series 2026 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3338 DEPEW STREET FROM RESIDENTIAL-THREE (R-3) TO RESIDENTIAL-ONE C (R-1C) (CASE NO. WZ-26-01) 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, Betsy Lawton has submitted a land use application for approval of a zone change to the Residential-One C (R-1C) zone district for property located at 3338 Depew Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—City Plan— which specifically calls for the assessment of the zoning map to determine if zoning map updates are needed; and WHEREAS, a rezoning to R-1C would encourage revitalization of the site and will enable the site and land use to become conforming; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 19, 2026, and recommended approval of rezoning the property to Residential-One C (R-1C). 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 a zone change ordinance from Residential-Three (R-3) to Residential-One C (R-1C) for property located at 3338 Depew 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: LOTS 19 AND 20, BLOCK 8, COLUMBIA HEIGHTS, 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. 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 13th day of April, 2026, ordered published by title in the paper 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 May 11, 2026, 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 11th day of May 2026. SIGNED by the Mayor on this 12th day of May 2026 ATTEST: Janeece Hoppe, City Clerk Korey Stites, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: April 14, 2026 Second Publication: May 12, 2026 Effective Date: May 27, 2026 Published: Jeffco Transcript and www.ci.wheatridge.co.us