HomeMy WebLinkAboutOrdinance 15452014028140 4/15/201411 :03 AM
PGS 3 $21 .00 OF $0.00
Eledronccally Recorded Jefferson County, CO
Pam Ande rson . Cieri< and Recorder T01000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO . 01
ORDINANCE NO. 1545
Series of 2014
TITLE: AN ORDINANCE APPROVING THE REZON ING OF PROPERTY
LOCATED AT 6405 -6409 W . 44th AVENUE FROM
RESTRICTED COMMERCIAL (RC ) TO MIXED USE -
NEIGHBORHOOD (MU-N) (CASE NO. WZ 14-01 /LOMBARDI)
WHEREAS , Chapter 26 of the Wheat Ridge Code of Laws establishes
p rocedures for the City's review and approva l of requests for land use cases: and ,
WHEREAS , Mario Lombardi has submitted a land use application for approval of
a zone change to the Mixed Use-Neighborhood zone d istrict for property located at
6405-6409 W . 44th Avenue; and ,
WHEREAS , the subject property has long been underutil ized, and the mixed use
zone district will allow for a w ider range of uses ; and ,
WHEREAS , the proposed zone change is supported by the City 's
Comprehensive Plan-Envision Wheat Ridge and the zone change cnteria specified in
Section 26 -112 .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO:
Section 1 . Up on application by Mario Lombardi for ap p roval of a zone change
ordinance from Restricted Commercial (RC) to Mixed Use-Ne ighborhood (MU-N )
for property located at 6405-64 09 W . 44th Avenue , an d pursuant to the findings
made based on testimony and evidence presented at a publ ic hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land :
Parcel A :
That part of the East Y2 of Block 8 , Lakeview Subdivision described as follows :
Beginning at a point at the southwest corner of the East Y2 of said Block 8 ,
thence East 195.23 feet to the true point of beginning : Thence East 56 feet ;
Thence North 160 feet ; Thence West 56 feet ; Thence South 160 feet to the true
point of beg inni ng . excepting the right-of-way described in Book 46 at Page 464,
County of Jefferson , State of Colorado .
Parcel 8:
The South 10 feet of the East% of Block 8, Lakeview Subdivision , except the
West 253 .23 feet thereof, County of Jefferson, State of Colorado .
Parcel C:
The South 160 feet of the East 2 feet of the West 253.23 feet of the East% of
Block 8, Lakeview Subdivision , 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 objective 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. 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 241h day of March , 2014 , ordered it published with Public Hearing and consideration
on final passa~e set for Monday, April14, 2014 at 7 p.m., in the Council Chambers,
7500 West 29 1 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
avoteof S to o ,this 14 th dayof Aprl.l ,2014.
SIGNED by the Mayor on this 14th day of _A_,_p_r1_·1 ____ , 2014 .
ATIEST·
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151 publication : March 27 , 2014
2 nd publication : April 17 , 2014
Wheat Ridge Transcript:
Effective Date : May 2 , 2014
Joyc~ay , ~yor l/ y