HomeMy WebLinkAboutOrdinance 1593TITLE:
2016023903 3/15/20161:41 PM
PGS 4 $26.00 OF$0.00 Eleclronlcaljy Recorded Jefferson County. CO
Faye Gnfftn. C.erk and Recorder T01000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 03
ORDINANCE NO. 1593
Series of 2016
AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL-ONE (R-1)
TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-15-
12/EQUINOX)
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, Equinox Properties, LLC has submitted a land use application for
approval of a zone change to Mixed Use-Commercial zone district for property located
at 3865 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 Ridge 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 Equinox Properties, LLC for approval of a zone
change ordinance from Residential-One (R-1) to Mixed Use-Commercial (MU-C) for
property located at 3865 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:
Parcell :
That part of the El/2E1/2SEoSEo of Section 21, Township 3 South, Range
69 West, Described as follows: Beginning at the Southeast corner of said
Section; running thence North along East line of said Section 762 feet to a
point; running thence in Southwesterly direction in a straight line to a
point on West line of said E1/2E1/2SEoSEo of said Section, which point is
600 feet North of South line of said Section; running thence along West
line of said El/2E1/2SEoSEo to South line of said Section; running thence
East along South line of said Section to place of beginning;
Except that portion deeded to Standard Oil Company, a corporation
organized under the laws of Indiana, recorded in Book 1026, Page 160, of
the records of Jefferson County,
and Except that portion deeded to The American Oil Company, a
corporation duly organized under the laws of the State of Maryland,
recorded in Book 2024, Page 347,
and Except right of way for West 38th Avenue, and right of way for Kipling
Street which have previously been granted to the County of Jefferson,
State of Colorado,
and Except that portion conveyed to the City of Wheat Ridge by Quit Claim
Deed recorded March 29, 1989 at Reception No. 89026317,
and except those portions conveyed to the City of Wheat Ridge by
Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and
F0913895.
County of Jefferson, State of Colorado.
Parcel 2:
A tract of land lying in the S.E. o of Section 21, Township 3 South, Range
69 West of the 6th Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, described as :
Commencing at the Southeast corner of the West 1/2 of the East 1/2 of
the Southeast o of the Southeast o of said Section 21;
Thence Northerly along the East line of the said West 1/2 a distance of 30
feet to the True Point of Beginning; Said point lying on the North Right of
Way line of West 38th Avenue; Thence Northerly along the East line of the
said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99°30',
a distance of 20.28 feet, to a point which lies 20 feet West of the East line
of the said West 1/2; Thence Southerly parallel to the said East line of the
West 1/2 a distance of 293 .0 feet more or less to a point on the Northerly
Right of Way line of West 38th Avenue; Thence Easterly a distance of 20
feet along the said Northerly Right of Way line of West 38th Avenue to the
True Point of Beginning.
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 hea lth , 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 a th day of February, 2016, ordered it published with Public Hearing and
consideration on final passage set for Monday, March 14, 2016 at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado, and that it
takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final read ing by
a vote of 8 to O , this 14th day of March, 2016.
14t h day of _~Ma=r;;;..;c;.;:..h:_ ___ , 2016.
151 publication: February 11 , 2016
2nd publication: March 17, 2016
Wheat Ridge Transcript:
Effective Date: April 1, 2016