HomeMy WebLinkAboutOrdinance 1733 - 4877 Robb St. WZ-21-09CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 03
ORDINANCE NO. 1733
Series of 2022
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4877 ROBB STREET FROM AGRICULTURAL-
ONE (A-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD)
(CASE NO. WZ-21-09)
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, Rocky Mountain Hardwood Processing LLC has submitted a land
use application for approval of a zone change to the Planned Commercial Development
(PCD) zone district for property located at 4877 Robb Street; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for mixed use employment to support the local
economy and ensure sustainable design; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 17, 2022 and voted to recommend approval of rezoning the property to
Planned Commercial District (PCD).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Rocky Mountain Hardwood for approval of a
zone change ordinance from Agricultural-One (A-1) to Planned Commercial
Development (PCD) for property located at 4877 Robb Street, 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:
Parcels of land located within the Southwest quarter of the Southwest quarter,
Section 16, Township 3 South, Range 69 West of the 6th P.M., recorded in Book
2242 at Page 717, County of Jefferson, State of Colorado, being more
particularly described as follows with recorded information denoted by
parenthesis ( ):
Commencing at the Southwest corner of said Section 16, being a found in place
3 ½” diameter brass cap L.S. 13212 in range box, from whence the South 1/16
corner of said Section being a found in place 3” diameter aluminum cap L.S.
10843 in aluminum pipe bears N 00°19’16” W (N 00°21’ W), 1320.95 (1320.79)
feet, with all bearings contained herein related thereto; thence along the West
line of said Section N 00°19’16” W (N 00°21’ W), 529.50 feet to a found in place
No. 3 rebar and the True Point of Beginning;
Thence N 00°19’16” W (N 00°21’W), 234.95 (234.90) feet; thence N 89°40’44” E
(N 89°39’ E), 638.90 (639.00) feet to a point along the West right-of-way of Robb
Street; thence along the said right-of-way S 00°17’53” E (S 00°19’36” E), 234.95
(234.90) feet to the Northeast corner of Wheat Ridge Industrial Park; thence
along the common line with Wheat Ridge Industrial Park, S 89°40’44” W (S
89°39’ W), 638.81 (638.95) feet to the Point of Beginning.
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 28th day of March, 2022, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 25, 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 _8_ to _0_, this 25th day of April 2022.
SIGNED by the Mayor on this _29_ day of _April_, 2022.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: March 31, 2022
2nd publication: April 28, 2022
Jeffco Transcript:
Effective Date: May 13, 2022