HomeMy WebLinkAboutOrdinance 16232017071 896 7/13/20179"18 AM PGS 2 $18 OO ·
Electronically Recorded Jefferson County D[0 $0.00
Faye Gntfrn, Clerk and Recorder . 'ro1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL NO. 11
ORDINANCE NO. 1623
Series of 2017
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6375 WEST 44rH AVENUE FROM COMMERCIAL-
ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE
NO. WZ-17-04 /CONWAY)
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, Ryan and Lisa Conway have submitted a land use application for
approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for
property located at 6375 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a mix of land uses along W. 44th Avenue by
virtue of it being designated a neighborhood commercial corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on May 18, 2017, 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 Ryan and Lisa Conway for approval of a zone
change ordinance from Commercial-One (C-1) to Mixed Use-Neighborhood (MU-
N) for property located at 6375 W. 44th Avenue, 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:
LOT 1, BLOCK 1, BRAUER 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 object 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 12th day of June, 2017, ordered it published with Public Hearing and consideration
on final passage set for Monday, July 10, 2017 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 5 to 1 , this lOthday of July , 2017.
ATTEST:
neile Shaver, City Clerk
1st publication: June 15, 2017
2nd publication: July 13, 2017
Wheat Ridge Transcript:
Effective Date: July 1.8, 2017
10th day of July , 2017. -------
Gerald Dahl, City Attorney