HomeMy WebLinkAboutOrdinance 1727CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 21
ORDINANCE NO. 1727
Series of 2021
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT APPROXIMATELY 4051 CLEAR CREEK DRIVE
FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO
PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-
21-04)
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-Clear Creek Crossing 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) and Design Pattern
Book for property located at approximately 4051 Clear Creek Drive in Block 5 of Clear
Creek Crossing; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses in Clear Creek Crossing; and,
WHEREAS, the proposed zoning will promote well-designed development that is
compatible with the character and uses of the balance of the Clear Creek Crossing
development; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on October 21, 2021 and voted to recommend approval of rezoning the property,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Evergreen-Clear Creek Crossing for approval of
a zone change ordinance from Planned Commercial Development (PCD) to
Planned Mixed Use Development (PMUD) with an Outline Development Plan
(ODP) and Design Pattern Book for property located at approximately 4051 Clear
Creek Drive, 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:
A parcel of land being all of Lot 1, Block 5 and a portion of Lot 2, Block 5 Clear
Creek Crossing Filing No. 3 recorded at Reception Number 2019087681, located
in the Northeast Quarter of Section 30 and the Southeast Quarter of Section 29,
Township 3 South, Range 69 West of the Sixth Principial Meridian, City of Wheat
Ridge, 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 8th day of November 2021, ordered it published with Public Hearing and
consideration on final passage set for Monday, December 13, 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 _8_ to _0_, this 13_ day of __December_, 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: November 11,2021
2nd publication: December 16, 2021
Jeffco Transcript:
Effective Date: December 31, 2021