HomeMy WebLinkAboutOrdinance 15362013043677 4/1112013 2:41 PM
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am Anderson. Clerk ana Recorder TO·ooo 1\
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER JAY
COUNCIL BILL NO. 05
ORDINANCE NO. t53b
Series of 2013
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6700 W. 44th AVENUE FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N)
(CASE NO. WZ 13-01/CAMAROS PLUS)
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, Steven Pelletier has submitted a land use application for approval of
a zone change to the Mixed Use-Neighborhood zone district for property located at
6700 W . 441h Avenue; and ,
WHEREAS, the City of Wheat Ridge has adopted a comprehens ive plan-
Envision Wheat Ridge-which calls for a mix of land uses along neighborhood
commercial corridors such as W . 441h Avenue; and ,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 7 , 2013 and voted to recommend approval of rezoning the property to Mixed
Use-Neighborhood (MU-N),
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Steven Pelletier for approval of a zone change
ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU -N)
for property located at 6700 W . 441h Avenue , and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat R idge City Council , a zone change is approved for the followi ng described
land :
LOT 21 , LIONEL SUBDIVISION AND LOT 22 , LILLIAN 'S FIRST ADDITION ,
EXCEPT THAT PORTION OF LOT 22 CONVEYED IN INSTRUMENT
RECORDED SEPTEMBER 10, 1968 IN BOOK 2046 AT PAGE 393.
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 .
Se ction 4 . Seve rability; Conflic ting Ordi nan c e Repeal ed . 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 .
Secti on 5. Effective Date. This Ordi nance s hall take effect 15 days after fina l
publication, as p rovid ed by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on fi rst reading by a vote of 5 to 0 on
this 11th day of March , 2013, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 8, 2013 at 7 :00 o 'clock p .m ., 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 s to a . this Bth day of 4pri 1 , 2013.
J lie Shaver, City Clerk
1st publication : March 14, 2013
2 nd publication : April ll, 2013
Wheat Ridge Transcript:
Effective Date: April 26, 2013
_ _;A!....pr_i_l ___ , 2013.
Gerald Dahl , City Attorney