HomeMy WebLinkAboutOrdinance 1731 - 9605 W. 38th rezoningCITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 01
ORDINANCE NO. 1731
Series of 2022
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 9605 W. 38TH AVENUE FROM RESIDENTIAL-
ONE (R-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-21-
12)
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, Jacob Hill has submitted a land use application for approval of a
zone change to the Residential-One B (R-1B) zone district for property located at 9605
W. 38th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for “Neighborhood” uses in this area and to
encourage reinvestment in property, maintain consistent character and create
opportunities for home ownership; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on December 16, 2021 and voted to recommend approval of rezoning the property to
Residential-One B (R-1B).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Jacob Hill for approval of a zone change
ordinance from Residential-One (R-1) to Residential-One B (R-1B) for property
located at 9605 W. 38th 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:
PARCEL A:
THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT ON THE EAST LINE OF INDEPENDENCE PLACE, WHICH IS 55 FEET
SOUTH OF THE SOUTHWEST CORNER OF LOT 7, NORTHERN SLOPE
SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, WHICH
IS THE TRUE POINT OF BEGINNING; THENCE EAST 35.75 FEET; THENCE
SOUTH 150 FEET TO THE NORTHERLY BOUNDARY LINE OF WEST 38TH
AVENUE; THENCE WEST ALONG THE NORTHERLY LINE OF WEST 38TH
AVENUE, A DISTANCE OF 20.75 FEET; THENCE ON A CURVE TO THE
RIGHT WITH A15 FOOT RADIUS, TO A POINT ON THE EAST LINE OF
INDEPENDENCE PLACE, WHICH POINT IS 134.2 FEET SOUTH OF THE
POINT OF BEGINNING, THENCE NORTH, ALONG SAID EAST LINE, A
DISTANCE OF 134.2 FEET TO THE POINT OF BEGINNING.
PARCEL B:
THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
WEST 16TH CORNER ON THE SOUTH LINE OF SAID SECTION 22, WHERE
THE CENTERLINE OF WEST 38TH AVENUE AND THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 22 INTERSECT; THENCE NORTH 30 FEET AND WEST 15 FEET TO
THE TRUE POINT OF BEGINNING ON THE NORTH LINE OF WEST 38TH
AVENUE; THENCE CONTINUING WEST ALONG THE NORTH LINE OF WEST
38TH AVENUE, A DISTANCE OF 90 FEET; THENCE NORTH, PARALLEL
WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 150 FEET;
THENCE EAST, PARALLEL WITH THE NORTH LINE OF WEST 38TTH
AVENUE, A DISTANCE OF 90 FEET, MORE OR LESS, TO A POINT 15 FEET
WEST OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID LINE.
A DISTANCE OF 150 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, WHICH IS 15 FEET IN ITS EAST-WEST
MEASUREMENT AND LIES IMMEDIATELY EAST OF AND ADJACENT TO
THE ABOVE DESCRIBED PARCEL B.
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 0 on
this 10th day of January, 2022, ordered it published with Public Hearing and
consideration on final passage set for Monday, February 14, 2022 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 1, this 14 day of February, 2022.
SIGNED by the Mayor on this 18 day of February, 2022.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: Jeffco Transcript, January 13, 2022
2nd publication: Jeffco Transcript, February 17, 2022
Effective Date: March 4, 2022