HomeMy WebLinkAboutOrdinance 1743 - 10101 N I-70 Frontage RdCITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 09
ORDINANCE NO. 1743
Series of 2022
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 10101 W. I-70 FRONTAGE ROAD NORTH FROM
COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL
INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-22-05)
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, Anthony Sherman has submitted a land use application for approval
of a zone change to the Mixed Use-Commercial Interstate (MU-C Interstate) zone
district for property located at 10101 W. I-70 Frontage Road North; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates the area surrounding the I-70
and Kipling interchange, including the subject site, as a priority area for infill and high-
quality redevelopment; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on June 2, 2022 and voted to recommend approval of rezoning the property to Mixed
Use-Commercial Interstate (MU-C Interstate).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Anthony Sherman for approval of a zone change
ordinance from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-
C Interstate) for property located at 10101 W. I-70 Frontage Road North, 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:
LEGAL DESCRIPTION PARCEL A:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1 /4 OF
THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 6TH P.M.,
EXCEPT THE WEST 30 FEET, AND
EXCEPT THE NORTH 20 FEET THEREOF, AN0
EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF
HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED
SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 46, AND
EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF
HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED
FEBRUARY 2, 1984 UNDER RECEPTION NO. 84010595, AND
EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED
RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL B:
THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16,
THENCE SOUTH 0°21’ EAST ALONG THE WEST LINE OF SAID
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 318.98
FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE STATE
HIGHWAY AS DESCRIBED IN BOOK 1588 AT PAGE 508 OF THE
JEFFERSON COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING, THENCE NORTH 79°01'30” EAST ALONG SAID NORTHERLY
LINE 260. 35 FEET TO THE SOUTHWEST CORNER OF PROPERTY
DESCRIBED LN BOOK 2059 AT PAGE 787,
THENCE NORTH 246.97 FEET AND ALONG THE WEST LINE OF PROPERTY
DESCRIBED IN BOOK 2059 AT PAGE 787 TO THE NORTHWEST CORNER
THEREOF;
THENCE SOUTH 89°14'30" WEST PARALLEL WITH THE NORTH LINE OF
SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4,
82.52 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF PROPERTY
DESCRIBED IN BOOK 1288 AT PAGE 505;
THENCE CONTINUING SOUTH 89°14'30" WEST, ALONG THE NORTH LINE
OF SAID PARCEL DESCRIBED IN BOOK 1288 AT PAGE 505, 175.0 FEET,
MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4; THENCE SOUTH, ALONG SAID WEST LINE 298.98 FEET,
MORE OR LESS, TO SAID TRUE POINT OF BEGINNING;
EXCEPT THE NORTH 10 FEET OF THE EAST 82.52 FEET OF SAID PARCEL,
DESCRIBED IN BOOK 1288 AT PAGE 505 AND AS DESCRIBED IN BOOK
1897 AT PAGE 557, AND
EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED
RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, 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 8 to 0 on
this 13th day of June, 2022, ordered it published with Public Hearing and consideration
on final passage set for Monday, July 11, 2022 at 7:00 o’clock p.m., as a virtual
meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado
if allowed to meet in person on that date per COVID-19 restrictions, 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 11 day of July, 2022.
SIGNED by the Mayor on this 13 day of July, 2022.
______________________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________
Gerald Dahl, City Attorney
(see following page)
1st publication: June 16, 2022
2nd publication: July 14, 2022
Jeffco Transcript
Effective Date: July 29, 2022