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HomeMy WebLinkAboutOrdinance 1794 - Rezone of Parcel ID 39-193-01-010CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 09 ORDINANCE NO. 1794 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT PARCEL ID 39-193-01-010 FROM AGRICULTURAL-ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ-24-04) 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, Cogent Companies has submitted a land use application for approval of a zone change to the Industrial-Employment (I-E) zone district for property located at Parcel ID 39-193-01-010; and WHEREAS, the proposed zone change is appropriate in response to a change in conditions in the area and would allow for a better and more productive use of the land; and WHEREAS, a rezoning to I-E would enable the land to further achieve the city’s current comprehensive plan goals to encourage employment-generating uses in the area by allowing the adjacent property to utilize it for their needs; and WHEREAS, no vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses; and WHEREAS, a development agreement signed by Longs Peak Metro District will be required which would limit use, limit permanent development, require the subject parcel be dedicated as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and require that these conditions run with the land and apply to successor and assigns; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 18, 2024, and recommended approval of rezoning the property to Industrial-Employment (I-E). 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 Agricultural-One (A-1) to Industrial-Employment (I-E) for property located at Parcel ID 39-193-01-010, 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 26 A TRACT OR PARCEL OF LAND NO. 26 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO.CC 0581-009 CONTAINING 1.762 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N87º38’11”E, 249.89 FEET TO THE EAST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE S00º22’07”E, 124.20 FEET ALONG SAID EAST BOUNDARY LINE TO THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN BOOK 2230, PAGE 219, AND BOOK 2116, PAGE 162, AT RECEPTION NUMBERS 334132 AND 400712, RESPECTIVELY, IN SAID OFFICE; THENCE S80º35’52”W, 929.79 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET TO THE POINT OF BEGINNING, CONTAINING 76,772 SQUARE FEET OR 1.762 ACRES, MORE OR LESS. PARCEL 26A A TRACT OR PARCEL OF LAND NO. 26A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO. CC 0581-009 CONTAINING 1.832 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; THENCE S89º30’00”W, 290.63 FEET THENCE N00º53’40”W, 9.92 FEET TO THE NORTH BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 50, PAGE 31, AT RECEPTION NUMBER 76830328, ALSO BEING THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE N89º06’21”E, 499.77 FEET ALONG THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 TO THE EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S00º22’07”E, 348.49 FEET ALONG SAID EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S87º38’11”W, 249.89 FEET TO THE POINT OF BEGINNING, CONTAINING 79,797 SQUARE FEET OR 1.832 ACRES, MORE OR LESS. PARCEL AC-26 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO AND FROM ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 58, A FREEWAY ESTABLISHED ACCORDING TO THE LAWS OF THE STATE OF COLORADO, AND FROM AND TO ANY PART OF THE REAL PROPERTY OF THE GRANTOR IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE ACCESS LINES DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S00º10’06”E, ALONG THE WEST LINE OF SAID NORTHWEST ¼, 650.28 FEET TO THE POINT OF BEGINNING; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; ALSO COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S88º23’34”E, TO THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK & RECORDER’S OFFICE; THENCE S00º22’07”E, 348.49 FEET ALONG SAID WEST LINE. Section 2. Conditional Approval. Approval of this zone change is conditioned upon the following: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land shall be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Section 3. 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 4. 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 5. 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 6. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 7. 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 May 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, June 10, 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 6 to 0, this 10th day of June 2024. SIGNED by the Mayor on this 12th day of June 2024. __________________________ Bud Starker, Mayor ATTEST: _______________________________________ Margy Greer, Sr. Deputy City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: May 14, 2024 2nd publication: June 11, 2024 Jeffco Transcript: Effective Date: June 26, 2024