HomeMy WebLinkAboutOrdinance 1773 - Rezoning of Property at 4735 Kipling StCITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 19
ORDINANCE NO. 1773
Series of 2023
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 4735 KIPLING STREET FROM COMMERCIAL-
ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C
INTERSTATE) (CASE NO. WZ-23-05)
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, Ville 4735, LLC. 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 4735 Kipling Street; 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 July 20, 2023, 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 Ville 4735, LLC. for approval of a zone change
ordinance from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-
C Interstate) for property located at 4735 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 A:
THE SOUTH 134.0 FEET OF THE NORTH 7.5 ACRES OF THE E 1/2 OF THE
E 1/2 OF THE NE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, EXCEPT THE EAST 45 FEET
THEREOF.
ALSO, MORE PARTICULARLY DESCRIBED AS THE SOUTH 134 FEET OF
THE NORTH 491.4 FEET OF THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF
SAID SECTION 21, EXCEPT THE EAST 45 FEET THEREOF,
AND FURTHER EXCEPTING THAT PORTION THEREOF DESCRIBED IN THE
DEED TO CHEVRON OIL COMPANY RECORDED APRIL 12, 1971 IN BOOK
2251 AT PAGE 87, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NE CORNER, SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 357.40 FEET;
THENCE AT AN ANGLE TO THE RIGHT OF 89 DEGREES 36 MINUTES, 45
FEET AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 21 TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION 21, 174.75 FEET;
THENCE SOUTHERLY AND PARALLEL WITH THE EAST LINE OF SECTION
21, 181.60 FEET; THENCE EASTERLY AND PARALLEL WITH THE NORTH
LINE OF SECTION 21, 174.75 FEET; THENCE NORTHERLY AND PARALLEL
WITH THE EAST LINE OF SECTION 21, 181.60 FEET TO THE TRUE POINT
OF BEGINNING,
COUNTY OF JEFFERSON, STATE OF COLORADO.
PARCEL B:
A TRACT OF LAND IN THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF SECTION
21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 491.40 FEET SOUTH OF THE NORTH LINE OF SAID
SECTION 21 AND 45 FEET WEST OF THE EAST LINE OF SAID SECTION 21,
SAID POINT BEING ON THE SOUTH LINE OF THE NORTH 7.5 ACRES OF
THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 21; THENCE
SOUTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 21, A
DISTANCE OF 47.6 FEET; THENCE WEST PARALLEL TO THE NORTH LINE
OF SAID SECTION 21, A DISTANCE OF 5.0 FEET; THENCE SOUTH
PARALLEL TO THE EAST LINE OF SAID SECTION 21, A DISTANCE OF 124.3
FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SECTION
21, A DISTANCE OF 614.54 FEET, MORE OR LESS, TO THE WEST LINE OF
THE E 1/2 OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 21; THENCE
NORTH ALONG SAID WEST LINE, A DISTANCE OF 171.90 FEET TO THE
SOUTH LINE OF THE NORTH 7.5 ACRES OF THE E 1/2 OF THE E 1/2 OF
THE NE 1/4 OF SAID SECTION 21; THENCE EAST ALONG SAID SOUTH
LINE, A DISTANCE OF 619.65 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING,
EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO
CHEVRON OIL COMPANY RECORDED APRIL 12, 1971, IN BOOK 2251 AT
PAGE 87, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION, 357.40 FEET;
THENCE AT AN ANGLE TO THE RIGHT OF 89 DEGREES 36 MINUTES, 45
FEET AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 21 TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION 21, 174.75 FEET;
THENCE SOUTHERLY AND PARALLEL WITH THE EAST LINE OF SECTION
21, 181.60 FEET; THENCE EASTERLY AND PARALLEL WITH THE NORTH
LINE OF SECTION 21, 174.75 FEET; THENCE NORTHERLY AND PARALLEL
WITH THE EAST LINE OF SECTION 21, 181.60 FEET TO THE TRUE POINT
OF BEGINNING,
AND FURTHER EXCEPTING THAT PORTION THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION; 539.00 FEET;
THENCE AT AN ANGLE TO THE RIGHT 89 DEGREES 36 MINUTES WEST, A
DISTANCE OF 50.00 FEET AND PARALLEL WITH THE NORTH LINE OF
SECTION 21 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
WESTERLY AND PARALLEL WITH SAID NORTH LINE OF SECTION 21, A
DISTANCE OF 169.75 FEET; THENCE SOUTHERLY AND PARALLEL WITH
THE EAST LINE OF SECTION 21, A DISTANCE OF 124.30 FEET; THENCE
EASTERLY AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF
169.75 FEET; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE,
A DISTANCE OF 124.30 FEET TO THE TRUE POINT OF BEGINNING,
COUNTY OF JEFFERSON, STATE OF COLORADO.
PARCEL C:
THE NORTHERLY 20 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NE CORNER OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION, 539.00 FEET;
THENCE AT AN ANGLE TO THE RIGHT OF 89 DEGREES 36 MINUTES
WEST, A DISTANCE OF 50.00 FEET AND PARALLEL WITH THE NORTH LINE
OF SECTION 21 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING WESTERLY AND PARALLEL WITH SAID NORTH LINE OF
SECTION 21, A DISTANCE OF 169.75 FEET; THENCE SOUTHERLY AND
PARALLEL WITH THE EAST LINE OF SECTION 21, 1 DISTANCE OF 124.30
FEET; THENCE EASTERLY AND PARALLEL WITH SAID NORTH LINE, A
DISTANCE OF 169.75 FEET; THENCE NORTHERLY AND PARALLEL WITH
SAID EAST LINE A DISTANCE OF 124.30 FEET 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 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 14th day of August 2023, ordered it published by title and in full on the City’s website
as provided by the Home Rule Charter, and with Public Hearing and consideration on
final passage set for Monday, September 11, 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 6 to 0, this 11th day of September 2023.
SIGNED by the Mayor on this 12th day of September 2023.
______________________________________
Bud Starker, Mayor
ATTEST:
_______________________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form:
Gerald Dahl, City Attorney
1st publication: August 17, 2023
2nd publication: September 12, 2023
Jeffco Transcript:
Effective Date: September 27, 2023