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HomeMy WebLinkAboutOrdinance 1848 - Rezone 5225 SwadleyCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OKADA Council Bill No. 15 Ordinance No. 1848 Series 2026 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 5225 SWADLEY STREET FROM AGRICULTURAL- TWO (A-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-24-09) 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, A&E Ventures Swadley LLC submitted a land use application for approval of a zone change to the Planned Residential District (PRD) for property at 5225 Swadley Street; and WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, the 2025 City Plan, which includes a core value to be inclusive and principle of serving a mix of incomes, it anticipated moderate variety housing as a need in this area, and it supports housing development to meet community goals; and WHEREAS, the proposed planned development is appropriate to accommodate transitional housing development that complements both the established and new housing near the commuter rail station; and WHEREAS, the zone change criteria support the request; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 18, 2026, 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 A&E Ventures LLC for approval of a zone change ordinance from Agricultural-Two (A-2) to Planned Residential Development (PRD) for property located at 5225 Swadley 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: PARCEL A: THAT PART OF THE WEST ONE-HALF OF BLOCK 12, STANDLEY HEIGHTS, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6 P.M., BEING A 3.5” BRASS CAP IN RANGE BOX STAMPED WITH LS 13212 AND BEING CITY OF WHEAT RIDGE CONTROL POINT 12209. FROM WHENCE THE NORTHEAST QUARTER CORNER OF SAID SECTION 17 BEARS N00°16’53”W A DISTANCE OF 2641.86 FEET, BEING A 3.256” BRASS CAP IN RANGE BOX STAMPED WITH LS 13212 AND BEING CITY OF WHEAT RIDGE CONTROL POINT 11209. THENCE N86°52’28”WEST, A DISTANCE OF 436.76 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING BEING ON THE WEST LINE OF SAID BLOCK 12, 320.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID BLOCK 12; THENCE SOUTH ALONG THE WEST LINE OF BLOCK 12, 320.0 FEET TO THE SOUTHWEST CORNER OF BLOCK 12; THENCE EAST ALONG THE SOUTH LINE OF BLOCK 12, A DISTANCE OF 219.16 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF BLOCK 12; THENCE NORTH ALONG THE EAST LINE OF THE WEST ONE-HALF OF BLOCK 12, 180.0 FEET; THENCE NORTHWESTERLY 260.05 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE WEST ONE-HALF OF BLOCK 12, STANDLEY HEIGHTS, EXCEPT: THAT PART OF THE WEST ONE-HALF OF BLOCK 12, STANDLEY HEIGHTS, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6 P.M., BEING A 3.5” BRASS CAP IN RANGE BOX STAMPED WITH LS 13212 AND BEING CITY OF WHEAT RIDGE CONTROL POINT 12209. FROM WHENCE THE NORTHEAST QUARTER CORNER OF SAID SECTION 17 BEARS N00°16’53”W A DISTANCE OF 2641.86 FEET, BEING A 3.256” BRASS CAP IN RANGE BOX STAMPED WITH LS 13212 AND BEING CITY OF WHEAT RIDGE CONTROL POINT 11209. THENCE N86°52’28”WEST, A DISTANCE OF 436.76 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING BEING ON THE WEST LINE OF SAID BLOCK 12, 320.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID BLOCK 12; THENCE SOUTH ALONG THE WEST LINE OF BLOCK 12, 320.0 FEET TO THE SOUTHWEST CORNER OF BLOCK 12; THENCE EAST ALONG THE SOUTH LINE OF BLOCK 12, A DISTANCE OF 219.16 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF BLOCK 12; THENCE NORTH ALONG THE EAST LINE OF THE WEST ONE-HALF OF BLOCK 12, 180.0 FEET; THENCE NORTHWESTERLY 260.05 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. TOGETHER WITH: PARCEL C: A NON-EXCLUSIVE EASEMENT OVER AND ACROSS THE EAST 25 FEET OF THE EXCEPTED PARCEL DESCRIBED ABOVE AS RESERVED BY GEORGE R. REISS AND ELLA W. REISS IN DEED TO WALTER C. BAKER AND IRENE BAKER RECORDED DECEMBER 17, 1970, IN BOOK 2227 AT PAGE 405, 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 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 13th day of July 2026, 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 10, 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 10th day of August 2026. SIGNED by the Mayor on this 13th day of August 2026. ATTEST: Janeece Hoppe, City Clerk Korey Stites, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: July 14, 2026 Second Publication: August 11, 2026 Effective Date: August 26, 2026 Published: Jeffco Transcript and www.wheatridge.gov