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HomeMy WebLinkAboutOrdinance 1549T ITL E: CITY OF WHEAT RIDGE INTRODUCED BY COUNCI L MEMBER FITZGERALD COUNCIL B ILL NO . 04 ORDI NANCE NO. 1549 Series of 2014 COUNCIL BILL NO . 04 -20 14 -AN ORDINANCE APPROVING AN AMENDMEN T TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD ) OUTLI NE DEVEL OPMENT PL AN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPE RTY LOCATED AT 39 24-4096 YOUNGFIE L D STREE T (CASE NO. WZ-14-04/RMBI ) 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 , Rocky Mountain Biosystems, Inc. (RMBI) has submitted a land use application for app roval of an amendment to the Youngfield Plaza P lanned Commercial Development (PCD) Outline Development Plan (ODP) to allow marijuana research and testing on property located at 3924-4096 Youngfield Street; and , W HEREAS , the proposed ODP amendment is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112 . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNC IL OF THE CI TY OF WHEAT RIDGE, COLORADO: Sec tion 1. Upon application by RMBI for approval of an amendment to the Youngfie ld Plaza PCD Outline Development Plan for property located at 3924- 4096 Youngfield Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council , an ODP amendment is approved for the following described land : Lot 1, Youngfield Plaza, County of Jefferson, State of Colorado. Sec t ion 2. Vested Prope rty Rights. Approval of this ODP amendment 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 Ri dge hereby finds , determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promu lgated 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 Cou ncil furth er determi nes that the ordinance bears a rationa l re lation to t he proper leg islative objective sought to be atta ined . Section 4. Severability; Conflicti ng Ord inance Repea led . 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 c lauses 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. Effect ive Date . Th is Ord i nance 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 7 to 0 on th is 12'h day of May, 2014, ordered it published with Public Hearing and consideration on final passa~e set for Monday, J une 9 , 2014 at 7 p.m ., in the Council Chambers, 7500 West 291 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 6 to 1 , this 9 th day of June , 2014 . SIGNED by the Mayor on this 9 t h day of _ _..J .... u,....ne..__ ___ , 2014 . ATIEST: 1 st publication : 2"d publication : June Wheat Ridge Transcript: Effective Date: June 27 , 2014 Gerald Dahl, C1ty Attorney