HomeMy WebLinkAboutOrdinance 1775 - rezoning of Property at 7575 W. 44th Ave.CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER HULTIN
COUNCIL BILL NO. 22
ORDINANCE NO. 1775
Series of 2023
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 7575 W. 44TH AVENUE FROM COMMERCIAL-ONE
(C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-23-
06)
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, the City of Wheat Ridge 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 7575 W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates the area along Wadsworth,
including the subject site, as a priority for improving the appearance and function of the
corridor and working to redevelop outdated and underutilized properties; and,
WHEREAS, a rezoning to MU-C would unify zoning in the area and facilitate a
more cohesive redevelopment with the surrounding parcels; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on August 17, 2023, and recommended 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 the City of Wheat Ridge for approval of a zone
change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C)
for property located at 7575 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:
A TRACT OR PARCEL OF LAND NO. RM-39 OF THE CITY OF WHEAT
RIDGE, STATE OF COLORADO, PROJECT NO. M- 01-015 (COOT PROJECT
NO. NHPP 1211-086; PROJECT CODE 21006) CONTAINING 15,435 SQ. FT.
(0.354 ACRES) OF LAND, MORE OR LESS, BEING A PORTION OF THAT
PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED
AT RECEPTION NUMBER 89074573, IN THE JEFFERSON COUNTY
COLORADO CLERK AND RECORDER'S OFFICE ON AUGUST 30, 1989,
LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH
PRINCIPAL MERIDIAN, IN JEFFERSON COUNTY, COLORADO, SAID TRACT
OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 23
(A 3 1/4" BRASS CAP ON PIPE IN RANGE BOX STAMPED "LS 13212"),
WHENCE THE CENTER-NORTH SIXTEENTH CORNER OF SAID SECTION 23
(A 3 ¼” BRASS CAP ON PIPE IN RANGE BOX STAMPED “LS 11434”), BEARS
N.00° 10’09” W., A DISTANCE OF 1,321.98 FEET; THENCE N.25°16’41” E., A
DISTANCE OF 199.57 FEET, TO A POINT ON THE NORTH LINE OF SAID
PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED
AT RECEPTION NUMBER 89074573, SAID POINT BEING THE POINT OF
BEGINNING;
1. THENCE ALONG SAID NORTH LINE, N. 89°41’34” E., A DISTANCE
OF 129.50 FEET;
2. THENCE S. 89°41’34” W., A DISTANCE OF 108.85 FEET;
3. THENCE N. 82°05’31” W., A DISTANCE OF 10.50 FEET;
4. THENCE N. 00°10’09” W., A DISTANCE OF 128.00 FEET, MORE OR
LESS, 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 August 2023, ordered it published by title and in full on the City’s website
as provided by the Home Rule Charter, with Public Hearing and consideration on final
passage set for Monday, September 25, 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 7 to 0, this 25th day of September 2023.
SIGNED by the Mayor on this 26th day of September 2023.
____________________
Bud Starker, Mayor
ATTEST:
________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
1st publication: August 29, 2023
2nd publication: September 26, 2023
Jeffco Transcript:
Effective Date: October 11, 2023