HomeMy WebLinkAboutOrdinance 16382018027094 3/27/20189:18AM
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Faye Griffin. Clerk and Recorder 'ro1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 01
ORDINANCE NO. -=-1=63"-"'8 __
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED ON THE WEST OF INTERSTATE-70,
BETWEEN APPROXIMATELY 34TH AVENUE AND CLEAR
CREEK FROM PLANNED COMMERCIAL DEVELOPMENT
(PCD) TO PLANNED MIXED USE DEVELOPENT (PMUD)
(CASE NO. WZ-16-07 I CLEAR CREEK CROSSING)
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, Evergreen Devco, Inc. has submitted a land use application for
approval of a zone change to the Planned Mixed Use Development (PMUD) zone
district with an Outline Development Plan (ODP), Design Pattern Book, and Vision Book
for property located west of lnterstate-70, between approximately 34th Avenue and
Clear Creek; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for a Regional Commercial Center west of Interstate
70 and south ofClear Creek; and,
WHEREAS, the proposed planned development will permit a well-designed,
innovative development with greater control and specificity of intended development
character, use, operations, and maintenance that is not feasible under a standard zone
district; and
WHEREAS, the proposed planned development will further promote the public
health, safety and general welfare by permitting greater flexibility arid innovation in land
development based upon this comprehensive, integrated plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Evergreen Devco, Inc. for approval of a zone
change ordinance from Planned Commercial Development (PCD) to. Planned
Mixed Use Development (PMUD) with an Outline Development Plan (ODP),
Design Pattern Book, and Vision Book for property located west of lnterstate-70,
between approximately 34th Avenue and Clear Creek , 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:
LOTS 1, 2 AND 3, BLOCK 1;
LOT 1, BLOCK 2;
LOT 1, BLOCK 3;
LOT 1, BLOCK 4;
THAT PORTION OF LOT 1, BLOCK 5 AS CONTAINED IN DEED RECORDED
DECEMBER 23, 2004 UNDER
RECEPTION NO. F2149072;
LOTS 3 THROUGH 6, BLOCK 5;
AND TRACTS A, B, C AND D;
CLEAR CREEK CROSSING SUBDIVISION FILING NO. 1,
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 7 to 1 on
this 81h day of January, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, February 12, 2018 at 7:00 o'clock p.m, postponed
to Monday, March 26, 2018 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 a to o , this 26th day of March , 2018.
SIGNED by the Mayor on this :1.. (p '-Iii day of '-tr/a4 ~ , 2018.
Bud Starker, Mayor
ATTEST:
Gerald Dahl, City Attorney
1st publication: January 11, 2018; February 15, 2018
2nd publication: March 29, 2018
Wheat Ridge Transcript:
Effective Date: April 13, 2018