HomeMy WebLinkAboutOrdinance 15882015125144 11/24/2015 9:15AM
PGS 4 $26.00 OF $0 00 Electromcalty Recorded Jefferson County CO ·
Faye Griffin. Clerk and Recorder · T01 000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WOODEN
COUNCIL BILL NO. 27
ORDINANCE NO. 1588
Series of 2015
TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM
RESIDENTIAL-TWO (R-2), AGRICULTURAL-ONE (A-1 ),
NEIGHBORHOOD COMMERCIAL (NC), AND PLANNED
COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE COMMERCIAL
(MU-C)) FOR PROPERTY LOCATED AT 4600 KIPLING STREET
(CASE NO. WZ-15-05/ANASTASI)
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, 4600 Kipling LLC has submitted a land use application for approval
of a zone change to Mixed Use Commercial zone district for property located at 4600
Kipling Street; and,
WHEREAS, the subject property has long been underutilized, and the Mixed Use
-Commercial zone district will accommodate redevelopment of the site; and,
WHEREAS, the proposed zone change is supported by the City's
Comprehensive Plan-Envision Wheat and the zone change criteria specified in
Section 26-112.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by 4600 Kipling LLC for approval of a zone change
ordinance from Residential-Two (R-2), Agricultural-One (A-1 }, Neighborhood
Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use-
Commercial (MU-C) for property located at 4600 Kipling 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:
PARCEL 1:
Lot 1, Block 1,
CHADO SUBDIVISION
County of Jefferson,
State of Colorado.
PARCEL II:
Beginning at the Southwest corner of Tract 13, JUCHEM'S GARDEN PLACE;
thence North along the West line of said Tract 13, 36 feet; thence East on a line
parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center
line of Third Street; thence South along the center line of Third Street 66 feet to
center line of Flora Street; thence West along the center line of Flora Street to a
point which is 30 feet South of the Southwest corner of said Tract 13; thence
North 30 feet to the Southwest corner of said Tract 13, which is the place of
beginning.
EXCEPT that portion of the above-described property described in Deed
recorded February 16, 1969, in Book 1175, at Page 522.
AND EXCEPT that portion of the above-described property described in Deed
recorded September 8, 1969, in Book 2130, at Page 552.
AND EXCEPT that portion of the above-described property described in Deed
recorded August 18, 1988, at Reception Number 88080612,
(intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN
PLACE, together with Yz of the vacated streets adjoining thereto, all situate in
Section 22, Township 3 South, Range 69 West)
County of Jefferson,
State of Colorado.
PARCEL Ill:
That portion of the Southwest Y.. Northwest Y. Northwest Y. of Section 22,
Township 3 South, Range 69 West of the 61h P.M., described as follows:
The West 330.57 feet of the South 150 feet of the North 594 feet,
EXCEPT that portion conveyed to the Department of Highways, State of
Colorado in Deed recorded August 11 , 1969, in Book 2124, at Page 188;
AND EXCEPT any portion described in Deed recorded December 11 , 1986, at
Reception Number 86153163,
County of Jefferson,
State of Colorado.
PARCEL IV:
That part of the Northwest X of Section 22, Township 3 South, Range 69 West of
the 61h P.M., described as follows:
Commencing at the Northwest corner of Section 22, Township 3 South, Range
69 West of the 61h P.M.; thence South 00°09' West, along the West line of said
Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the true point of
beginning; thence North 89°55' East, 285.45 feet; thence South 00°08' West,
444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East,
444.00 feet to the true point of beginning.
County of Jefferson,
State of Colorado.
Section 2. Vested Prooertv 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 objective 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 26th day of October, 2015, ordered it published with Public Hearing and
consideration on final passage set for Monday, November 23, 2015 at 7:00 o'clock
p.m., 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 O , this 23rd day of November, 2015.
SIGNED by the Mayor on this 23rd day of __ N_o_v_em_b_e_r __ , 2015.
ATIEST:
Gerald Dahl, City Attorney
151 publication: October 29, 2015 -Whea t Ridge Transcript
2"d publication: November 26, 2015 -The Denver Post
Wheat Ridge Transcript:
Effective Date: December ll , 2015
' ,.