HomeMy WebLinkAboutOrdinance 1796 - rezoning of 11910 W. 52nd AveCITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER LARSON COUNCIL BILL NO. 11
ORDINANCE NO. 1796 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11910 W. 52ND AVENUE FROM INDUSTRIAL-
EMPLOYMENT (I-E) TO MIXED USE-COMMERICAL TOD (MU-C TOD) (CASE NO. WZ-24-06) 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, Confluent Development, LLC has submitted a land use application for approval of a zone change to the Mixed Use-Commercial TOD (MU-C TOD) zone district for property located at 11910 W. 52nd Avenue; and
WHEREAS, the City of Wheat Ridge has adopted multiple plans, including the comprehensive plan and the Northwest Subarea Plan, which designate the site as “Mixed Use TOD”, encouraging residential density, a mix of uses, and bike and pedestrian connections around the transit station; and
WHEREAS, a rezoning to MU-C TOD would encourage revitalization of the site and will enable the land to utilized for the highest and best use; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 13, 2024, and recommended approval of rezoning the property to Mixed Use-
Commercial TOD (MU-C TOD). 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 Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, 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: A TRACT OF LAND LOCATED IN LOT 14, STANDLEY HEIGHTS, A SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO, SITUATED IN THE SOUTHEAST 1/4 OF SECTION 17,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17 BEARS N89°11'13"E, PER THE CITY OF WHEAT RIDGE HORIZONTAL CONTROL BASE MAP DATED FEBRUARY 3, 2010,
MONUMENTED ON THE WEST END BY A FOUND 2.5" ALUMINUM CAP IN
RANGE BOX STAMPED "PLS 28291" (AKA WHEAT RIDGE CONTROL POINT 12109) AND ON THE EAST END BY A FOUND 3.5" BRASS CAP IN RANGE BOX STAMPED, "LS 13212" (AKA WHEAT RIDGE CONTROL POINT 12209).
COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 17;
THENCE ON SAID NORTH LINE, N89°11'13"E, A DISTANCE OF 1362.28 FEET; THENCE S00°17'56"E, A DISTANCE OF 30.00 FEET TO AN ILLEGIBLE FOUND 1.5" ALUMINUM CAP STAMPED "10##4", BEING 296.22 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 14, ALSO BEING THE POINT
OF BEGINNING;
THENCE ON THE A LINE 30.00 FEET SOUTH OF, AND PARALLEL WITH SAID NORTH LINE, AND ON THE SOUTH LINE OF WEST 52ND AVENUE PUBLIC RIGHT-OF-WAY, N89°11'13"E, A DISTANCE OF 150.94 FEET;
THENCE ON THE WESTERLY RIGHT-OF-WAY OF TAFT COURT AS DEFINED BY WARD ROAD STATION SUBDIVISION, RECEPTION NUMBER 2014092875 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, S00°17'56"E, A DISTANCE OF 421.95 FEET TO THE NORTHEAST CORNER
OF PARCEL NO. GL-56 REV 1, RECORDED AT RECEPTION NUMBER
2014026089 AND AN INTERIOR CORNER OF SAID WARD ROAD STATION SUBDIVISION; THENCE ON THE NORTHERLY LINE OF BOTH SAID WARD ROAD STATION
SUBDIVISION AND SAID PARCEL NO. GL-56 REV 1, S89°40'58"W, A
DISTANCE OF 447.14 FEET TO THE LINE COMMON TO BOTH LOT 14 AND 17, SAID STANDLEY HEIGHTS; THENCE ON SAID COMMON LINE, N00°17'56"W, A DISTANCE OF 5.43 FEET
TO THE NORTHEAST CORNER OF SAID LOT 17, THE SOUTHEAST
CORNER OF LOT 13, SAID STANDLEY HEIGHTS AND THE SOUTHEAST CORNER OF PARCEL 6-A AS DEFINED IN RECEPTION NUMBER 1968878; THENCE ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 6-A
THE FOLLOWING THREE (3) COURSES:
1) ALSO, ON THE LINE COMMON TO BOTH SAID LOTS 13 AND 17, S89°11'13"W, A DISTANCE OF 7.65 FEET; 2) N00°22'30"W, A DISTANCE OF 262.65 FEET;
3) N89°11'13"E, A DISTANCE OF 7.99 FEET;
THENCE ON THE LINE COMMON TO BOTH SAID LOTS 13 AND 14 AND THE WESTERLY LINE OF PARCEL 3-A AS DEFINED IN RECEPTION NUMBERS
1902831 AND 1968878, N00°17'56"W, A DISTANCE OF 1.05 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3-A;
THENCE ON THE NORTH LINE OF SAID PARCEL 3-A AND THE NORTH LINE
OF PARCEL 2-A AS DEFINED IN RECEPTION NUMBERS 1902830 AND 1968878, AND THOSE LINES EXTENDED, N89°41'51"E, A DISTANCE OF 221.11 FEET;
THENCE ON THE EAST LINE OF SAID PARCEL 2-A, S00°17'56"E, A
DISTANCE OF 6.08 FEET; THENCE N89°11'13"E, A DISTANCE OF 75.10 FEET;
THENCE N00°17'56"W, A DISTANCE OF 157.01 FEET TO THE POINT OF
BEGINNING, CONTAINING 144,918 SQUARE FEET OR 3.33 ACRES, MORE OR LESS.
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. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder. Section 6. 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 7 to 0 on
this 24th day of June 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, July 22, 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 8 to 0, this 22nd day of July 2024. SIGNED by the Mayor on this 23rd day of July 2024.
______________________________________
Bud Starker, Mayor ATTEST:
_
______________________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form
____________________________________ Gerald Dahl, City Attorney
1st publication: June 25, 2024
2nd publication: July 23, 2024
Jeffco Transcript: Effective Date: August 8, 2024