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Home My WebLink AboutResolution-1970-0058 RESOLUTI ON NO. ? "5 c-~ WHEREAS, a certain piece of real property located at the intersection of 29th Avenue and Wadsworth Boulevard, in Jefferson County, City of Wheat Ridge, State of Colorado, commonly referred to as the Olinger Estate was zoned R-2, and WHEREAS, the Jefferson County Board of County Commissioners rezoned the above described property on or about the 5th day of August, 1969, to restricted commercial (RC-l), and WHEREAS, pursuant to Court action in the District Court, in and for the County of Jefferson, State of Colorado, Civil Action No. 33746, the District Court found that the County Commissioners had abused their discretion in rezoning the above described piece of 1 and, and WHEREAS, the Court ordered the City of Wheat Ridge to take the appropriate action necessary to rezone the subject property to residential uses, to wit: R-2 NOW THEREFORE, the City Council of the City of Wheat Ridge, State of Colorado, does hereby, pursuant to Court Order, rezone that certain piece of real property located at the intersection of 29th Avenue and Wadsworth Boulevard, in Jefferson County, City of Wheat Ridge, State of Colorado, commonly referred to as the Olinger Estate, and more specifically referred to as follows: The West Half of Lot 3, Block 1, Barth's Subdivision, County of Jefferson, State of Colorado, to residential 2 (R-2). .-.- DONE AND RESOLVED, this (Ft'-day of April, A.D. 1970, by a vote of Co to c jjl~cf [ r;~DLJIh ALBERT E. ANDERSON, MAYOR. ATTEST: ,,---,' -----' ~ ;/' I~Y, '""' - _.../ /' ') ~ , _ I.. ~ _ .J.--(... / . /_ L _ --7 .. t: "---___ Louise F. Turner,~City Clerk. ;f")FS?'T')-r (.)) IN THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON AND STATE OF COLORADO Civil Action No. 33746 - - - - - - - - - - - - - - - - - x GEORGE H. FENTRESS, et al., Plaintiffs v. FINDINGS OF FACT, CONCLUSIONS THE BOARD OF COUNTY COI-1MISSIONERS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, et al., OF LAW, AND ORDERS Defendants - - - - - - - - - - - - - - - - - x THIS MATTER having come on for trial this 31st day of March, 1970, the plaintiffs being represented by George C. Aucoin, attorney at law, the defendant Board of County Commissioners and Robert Jackson being represented by Leonard L. Liss, County Attorney, and the defendant City of Wheat Ridge being represented by Maurice Fox and Henry Nieto, attorneys at law, and the court, after consider- ing the evidence and hearing statements of counsel, doth order, adjudge and decree as follows: FINDINGS OF FACT The court finds that this action in declaratory judgment involves the rezoning of certain real property located at the inter- section of West 29th Avenue and Wadsworth Boulevard in Jefferson County, City of Wheat Ridge, State of Colorado, which has been formerly called and referred to as the Olinger Estate. The court finds that upon application for rezoning the Jefferson County Board of County Commissioners did in fact have jurisdiction to rezone the subject property because it was located /c~s p- ~ c Ci) ln the unincorporated area of Jefferson County. The court further finds that during the pendency of this particular zoning application, the citizens of the City of Wheat Ridge voted to become an incorporated city; and further, the court finds that the Board of County Commissioners continued to accept jurisdiction and process the applications and in fact on or about August 5, 1969, did rezone said subject property from Residential 2 (R-2) zone district to Restricted Commercial (RC-l) district. The court finds further that said rezoning became effective on or about August 5, 1969, which was approximately seven days prior to the swearing in of the mayor and other officials of the City of Wheat Ridge, State of Colorado. Further, the court finds that the subject property was zoned Residential 2 (R-2) for low density residential uses sometirre on or about 1946 pursuant to the original zoning plan for Jefferson County. The court finds that in 1960 or 1961 the Jefferson County Commissioners, pursuant to a comprehensive study, adopted a Master Plan for the orderly development of the county and community and that this Master Plan specified that there would be Residential 2 (R-2) zoning for this immediate area surrounding the subject property Further, Jefferson County continued to study and update its Master Plan, and this updated study for the Master Plan further called for Residential 2 (R-2) zoning for this area. The court finds that subsequent to this rezoning change a building permit was issued to the landowners which was promptly acted upon by the landoNners in question. The landowners were not made a party to this suit, and the court has no jurisdiction over these owners. The court further finds that plaintiffs are neighbors and abutting property owners and are citizens of the City of Wheat Ridge, -2- "" /) /2~'''' ~-? l <-I County of Jefferson, and have a vested right to enJoy the heretofore announced residential zoning which was adopted in their respective neighborhood, as specified by the Master Plan Further, the court finds that the only question before it is whether or not there was a constitutional exercise of the zoning powers by the Boal of County Commissioners, and in order for this rezoning change to be constitutional and legal it must bear some reasonable relationship to the plan for the orderly development of the community, or in this case the comprehensive plan. The court in determining this question refers to a resolu- tion passed by the Jefferson County Board of County Commissioners on or about August 5, 1969, whereby the County Commissioners in Case No. B69-56 rezoned the subject property as previously stated. The court notes that the resolution states there has been a large increase in traffic along Wadsworth Boulevard; that there has been only a few residential building permits issued along Wads- worth Boulevard; and that commercial zoning amounts to the best economic use of the subject property, For these reasons the County Commissioners changed the zoning from residential to commercial. The court finds these reasons were not in conformity with the evidence presented to the County Commissioners, and their action was therefore arbitrary and capricious and not in the best interests of the community. The court further finds that the Board of County Commissioners did not follow the recommendations of the County Planning Commission and the advice of the County Planning Director, Mr. Gary Latham to keep this area residential, which evidence was presented to them at the rezoning hearing. Further, the court finds that said rezoning wJuld depreciate and devalue the plaintiffs' properties because said rezoning would change the character of the neighborhood from residential to -3- ve-i <, c:rr S~y cs- j commercial, which is not in conformity with the comprehensive plan , for the development of the community. CONCLUSIONS OF LAW, AND JUDGMENT The court concludes as a matter of law that the rezonlng was an unconstitutional exercise of the zoning powers by the Board of County Commissioners of Jefferson County, because such rezoning would constitute "spot zoning" which has no relationship to the Master Plan and therefore would not be in the best interests of the general public health, safety, and welfare. Additionally, the court finds and concludes that the City of Wheat Ridge adopted the Zoning Regulations, the zoning maps and existing zoning of Jefferson County without its own study or plan for the orderly development of the City of Wheat Ridge. Therefore, the City accepted the bad zoning along with the good and should be re- quired to reinstate the original zoning of R-2. THE COURT ORDERS that the City of Wheat Ridge take appro- priate action with all convenient speed to rezone the subject prop- erty for residential uses, R-2, subject to the property rights vested in the landowner by the issuance of the building permit heretofore mentioned. The Board of County Commissioners and Robert Jackson, Chief Building Inspector are dismissed from this action because the subject property lS now under the zoning jurisdiction of the City of Wheat Ridge. Clerk to enter judgment accordingly. DONE in open court this 8th day of April, nunc pro tunc April 1, 1970. BY THE COURT: ~'I '1 / ! -- /-0 - ,/ Iv _ -'<J r L/_'(l--:'lJ_Cc'l ,./. ~ ~. - I Ronald J. Hardesty Judge -4-