HomeMy WebLinkAboutOrdinance 1726CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 19
ORDINANCE NO. 1726
Series of 2021
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6011 W. 44TH AVENUE FROM RESTRICTED
COMMERCIAL (RC) TO MIXED USE-COMMERCIAL (MU-C)
(CASE NO. WZ-21-07)
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, P Street I, LLC has submitted a land use application for approval of
a zone change to the Mixed Use-Commercial (MU-C) zone district for property located
at 6011 W. 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 Harlan Street and 44th
Avenue and to encourage opportunities for reinvestment on those corridors; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on October 7, 2021 and voted to recommend approval of rezoning the property to Mixed
Use-Commercial (MU-C).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by P Street I, LLC for approval of a zone change
ordinance from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C)
for property located at 6011 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:
Beginning at a point 30 feet West and 30 feet North of the Southeast corner of
the E ½ SE ¼ SE ¼ NW ¼, Section 24, Township 3 South, Range 69 West of
the 6th P.M.; thence North a distance of 280 feet to a point; thence West and
parallel to the South line of the NW ¼ of said Section 24, Township 3 South,
Range 69 West, a distance of 178.7 feet to a point; thence South and parallel to
the East line of the NW ¼ of said Section 24, Township 3 South, Range 69 West
a distance of 280 feet to a point; thence East and parallel to the South line of the
NW ¼ of said Section 24, Township 3 South, Range 69 West a distance of 178.7
feet to the point of beginning,
Except the following Parcel for road purposes only as described in Book 2301,
Page 417, Jefferson County Records,
Beginning at a point 30 feet West and 30 feet North of the Southeast corner of
the East ½, Southeast ¼, Southeast ¼, Northwest ¼ of Section 24, Township 3
South, Range 69 West of the 6the P.M., in the City of Wheat Ridge, County of
Jefferson, State of Colorado,
1. Thence Northerly a distance of 20 feet;
2. Thence Diagonally Southwesterly a distance of 28.28 feet;
3. Thence Easterly a distance of 20 feet to a Point of Beginning,
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 25th day of October 2021, ordered it published with Public Hearing and
consideration on final passage set for Monday, November 22, 2021 at 7:00 o’clock
p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions,
and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___7__ to __0___, this ___22__ day of ___November__, 2021.
SIGNED by the Mayor on this 13 day of January, 2022.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: October 28, 2021
Jeffco Transcript
2nd publication: November 24, 2021
Denver Post
Effective Date: December 9, 2021