HomeMy WebLinkAboutOrdinance 1701
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 22
ORDINANCE NO. 1701 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4990 PARFET STREET FROM PLANNED
COMMERCIAL DEVELOPMENT (PCD) TO PLANNED INDUSTRIAL DEVELOPMENT (PID) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ 20-02 / AXIS 70 WEST)
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, Industrial Partners Qualified Opportunity Fund, LLLP submitted a land use application for approval of a zone change to the Planning Industrial District
(PID) for property at 4990 Parfet Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the creation of a resilient local economy based on a balanced mix of land uses; and,
WHEREAS, the proposed planned development is necessary and appropriate to accommodate a large-format industrial land use which is not contemplated in the City’s standard zoning codes; and,
WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 3, 2020 and voted to recommend approval of the rezoning of the property to Planned Industrial Development (PID).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Industrial Partners Qualified Opportunity Fund,
LLLP for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Industrial Development (PID) for property located at 4990 Parfet 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:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST ¼ OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF
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LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY FROM WHENCE THE SOUTH ¼ CORNER OF SAID SECTION 16 BEARS S00°12'56"E, 488.60
FEET; THENCE S73°50'05"W ALONG SAID SOUTHERLY LINE OF THAT PARCEL OF LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY RECORDS, 549.59 FEET TO A POINT ON THE EAST LINE OF PARFET STREET AS RECORDED IN BOOK 155 AT PAGE 424 IN THE CLERK AND RECORDER'S OFFICE OF
JEFFERSON COUNTY; THENCE N00°12'41"W ALONG SAID EAST LINE OF PARFET STREET, 96.79 FEET; THENCE N00°21'29"W ALONG SAID EAST LINE OF PARFET STREET, 754.84 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1329 AT PAGE 127 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY; THENCE
N89°29'17"E ALONG THE SOUTH LINE OF SAID PARCEL, 139.89 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N00°19'39"W ALONG THE EAST LINE OF SAID PARCEL, 126.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE N89°29'34"E ALONG SAID NORTH LINE, 390.68 FEET
TO THE NORTHEAST CORNER OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE S00°12'56"E ALONG THE EAST LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16, 829.81 FEET TO THE POINT OF BEGINNING, CITY OF WHEAT RIDGE, 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.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of December 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, January 11, 2021 at 7:00 o’clock p.m.,
as a virtual meeting, 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 11th day of January, 2021.
SIGNED by the Mayor on this 11th day of January, 2021.
_________________________ Bud Starker, Mayor
ATTEST:
________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
________________________________ Gerald Dahl, City Attorney
1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript Effective Date: January 29, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us