HomeMy WebLinkAboutOrdinance 1786 - Rezone 10390 W. 38th AveCITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 01
ORDINANCE NO. 1786 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10390 W. 38TH AVENUE FROM COMMERCIAL-
ONE (C-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-10) 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, Elham Nekouie 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 10390 W. 38th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates areas containing neighborhoods, including the subject site, as a priority for the promotion of reinvestment in underutilized properties and the promotion to provide a mix of neighborhood supporting uses, including residential use and office use; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 7, 2023, and recommended approval of rezoning the property to MU-N. 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-Neighborhood (MU-N) for property located at 10390 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: A PARCEL OF LAND BEING A PART OF THE WEST 26.5 FEET OF TRACT A,
ORTON HEIGHTS ACCORDING TO THE RECORDED PLAT THEREOF AND
THE EAST 163.57 FEET OF THE NORTH 205.75 FEET OF THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF
JEFFERSON BY INSTRUMENT RECORDED IN BOOK 808 AT PAGE 100, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIPED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO BEAR N89°12'50"E, AS SHOWN
ON THE CITY OF WHEAT RIDGE HORIZONTAL & VERTICAL CONTROL BASE MAP;
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, N89°12'50"E 1677.63 FEET; THENCE S00°15'59"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE S00°15'59"E ALONG A LINE 26.5 FEET WEST OF TRACT A, ORTON
HEIGHTS AND THE EAST LINE OF SAID ABOVE DESCRIPED PARCEL 175.75 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE S89°10'32"W ALONG THE SOUTH LINE OF SAID PARCEL 165.25 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N00°15'58"W
ALONG THE WEST LINE OF SAID PARCEL 161.08 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET, A CORD BEARING OF N45°25'43"E AND CORD LENGTH OF 21.21 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 23.56 FEET TO THE END OF SAID CURVE; THENCE N89°10'32"E ALONG THE NORTH LINE OF SAID
PARCEL 150.07 FEET TO THE POINT OF BEGINNING.
CONTAINS 28,994 SQUARE FEET, MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not
create 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 January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024, 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 8 to 0, this 12th day of February 2024. SIGNED by the Mayor on this 14th day of February 2024.
__________________________________
Bud Starker, Mayor
ATTEST:
____________________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form
______________________________________
Gerald Dahl, City Attorney
1st publication: January 9, 2024 2nd publication: February 13, 2024 Published Jeffco Transcript
Effective Date: February 28, 2024