HomeMy WebLinkAboutOrdinance 1759 - Rezoning to mixed use neighborhoodCITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 07
ORDINANCE NO. 1759
Series of 2023
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 7890 W. 38TH AVENUE FROM RESIDENTIAL-
TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO.
WZ-23-01)
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, Ivonne Reynosa has submitted a land use application for approval
of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property
located at 7890 W. 38th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates a portion along W. 38th Avenue,
including the subject site, as a transition between low intensity residential uses and
higher intensity commercial uses and a priority for the conversion of underutilized
properties to serve as a mix of residential and small-scale commercial developments;
and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 6, 2023, and voted to recommend approval of the rezoning to Mixed Use-
Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Ivonne Reynosa for approval of a zone change
ordinance from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N),
located at 7890 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:
LOT 1, ANTHANASOPOULOS CONSOLIDATION
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 6 to 0 on
this 10th day of April 2023, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 8, 2023, at 6:30 p.m., as a virtual meeting and 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 6 to 0, this 8th day of May 2023.
SIGNED by the Mayor on this 8th day of May 2023.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: April 13, 2023
2nd publication: May 11, 2023
Jeffco Transcript: May 11, 2023
Effective Date: May 26, 2023