HomeMy WebLinkAboutOrdinance 2012-1513TITLE :
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PGS 6 $36 .00 OF $0
Electronically Recorded Jefferson CoU'ltY CO
Pam Anderson. Cieri( and Recorder T01000 N
CITY OF WHEA T RIDGE , COLORADO
INTRODUCED B Y CO UNC IL MEMBER LANGWORTHY
COUNCIL BILL NO. 07
ORDINANCE NO. 1513
Series of 2012
AN ORDINANCE APPROVING THE REZON ING OF
PROPERTY L OCATED AT 5060 WARD ROAD FROM
PLANNED IND USTRIA L DEVEL OPMEN T (PID) AND LIGHT
INDUSTRIAL (I ) TO MIXED USE -COMMERC IA L TRANSI T
ORIENTED DEVE L OPMENT (MU -C TOO ) ZONE DI STRI C T
(CASE NO. WZ-12-02/IBC)
WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning
and development: and
WHEREAS, the zoning and development code was recently modified to add four
new mixed use zoning districts ; and ,
WHEREAS , Brian Mott on behalf IBC Holdings has submitted a zone change
application to Mixed Use-Commercial TOO for property located at 5060 Ward Road ;
and.
WHERE AS , the City of Wheat Ridge Planning Comm1ss1on he ld a publtc heanng
on May 3, 2012 and voted to recommend approval of a rezoning of the property to
Mixed-Use Commercial TOO
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF T HE CIT Y
OF WHEAT RIDG E, COLORADO THAT:
Secti on 1. Upon application by Brian Mott for IBC Holdings, LL C . approval of
a zone change ordinance for property located at 5060 Ward Road from Planned
Industrial Development (PI D) and Light lndustnal (I) to Mixed Use-Commercial
Transit Oriented Development (MU-C TOO), and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat R1dge City Counci l, the following zone change 1s approved for the
following described parcel
PARCEL A :
The South 17 feet of the West 251 feet of Lot 13 . Standley He1ghts .
and the West 518 12 feet of Lot 17 . Stand ley Heights Except the South 25 feet
thereof
Except any port1on the reof fall ing with1n Ward Road , County of Jefferson , State of
Colorado
PARCEL B :
That portion of Lot 13 .
Standley He1ghts . described as follows :
Beginning at a point on the South li ne of Lot 13 , Standley Heights , from which the
Southwest corner of said
Lot 13 bears South 89 °11 .9' West a distance of 251 .02 feet;
Thence North 89°11 .9' East along the South line of said Lot 13, a distance of
257 .10 feet to a point 537 .97
feet East of the West li ne of the Southeast quarter of Section 17 , Township 3
South , Range 69 West of the
6th Principal Meridian;
Thence North 0 °04 .2' West parallel with the West line of the Southeast quarter of
said Section 17, a distance of 17.0 feet ;
Thence South 89°11 .9' West a distance of 257.10 feet ;
Thence South 0°004 .2' East a d istance of 17.0 feet to the Point of Beg i nning ,
County of Jefferson , State of Colorado.
PARCEL. C:
A tract of land located in Lot 17,
Standley Heights,
a Subdivision re corded in the Official Records of Jefferson County, Colorado,
descri bed as follows :
Beginning at the Southwest corner of said Lot 17
Thence North 0°04 .2' West along the West line of said Lot 17 a distance of 25 .00
feet to a point on the North line of West 50th Place as conveyed to Jefferson
County by instruments recorded in Book 987 at Pages 407 and 409 of said
Official Records ;
Thence North 88°59 .0' East along the North line of West 50th Place as recorded
in said Book 987 at Pages
407 and 409 a distance of 750 .12 feet to the True Point of Beginning ;
Thence North 88°59 .0' East along the North line of west 50th Place as recorded
in sa id Book 987 at Pages
407 and 409 a distance of 286.12 feet to the Northeast corner of West 50th Place
as recorded in said Book
987 at Pages 407 and 409;
Thence North 0°03.6' West along the East line of said Lot 17 a distance of
215 .60 feet ;
Thence South 88 '59 .0' West parallel to the South line of said Lot 17 a distance of
232.87 feet ; Thence North
0'03.6' West parallel to the East l ine of said Lot 17 a distance of 0.80 feet;
Thence South 88°'59 .0' West
parallel to the South line of sa id Lot 17 a distance of 43.00 feet ; Thence South
0 °03.6' East parallel to the
East line of sa id Lot 17 a distance of 0 .80 feet; Thence South 88 °'59.0' West
parallel to the South line of said
Lot 17 a distance of 10.24 feet to a point, said point being North 0°03.6' West
parallel to the East fi ne of Lot
17 a distance of 215.60 feet from a point on the North line of West 50th Place as
recorded in sa id Book 987
at Pages 407 and 409;
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Thence South 88 °59 .0' West parallel to the South l i ne of sa id Lot 17 a distance
of 60.46 feet ;
Thence South 0°03 .6' East parallel to the East line of sa id Lot 17 a distance of
21 . 14 feet; Thence South
88 °59 .0 . West parallel to the South line of sa id Lot 17 a distance of 97 .05 feet;
Thence North 0°03.6 ' West
parallel to the East line of said Lot 17 a distance of 195.06 feet to
a point on the North line of sa id Lot 17;
Thence South 89°11 .9' West a long the North line of said Lot 17, a distance of
74 .50 feet to a point 518 .12
feet East of the West line of said Lot 17. said 518 .12 feet being a distance
measured at right angles to the
west line of said Lot 17 ;
Thence South 00°04 .2' East parallel to the West line of said Lot 17 a distance of
389.80 feet to a point on the North line of West 50th Place as recorded in said
Book 987 at Pages 407 and 409 ;
Thence North 88°59 .0' East along the North line of West 50th Place as recorded
in said Book 987 at Pages
407 and 409 a d istance of 231 .93 to the True Point of Beginn i ng .
PARCEL D:
A parcel of land situated in the West One-Half of Lot 13, Standley Heights, being
located in the Southeast
One-Quarter of Section 17, Townsh ip 3 South , Range 69 West of the 6th P.M.,
being more particularly
described as follows :
Commencing at the center of sa id Section 17,
Thence South 00°18'19" East along the West line of said Southeast one -quarter
of Section 17, the basis of
bearing . a distance of 30 .00 feet ;
Thence North 89°11 '27" East and parallel to the North l i ne of the Southeast one-
quarter of said Section 17 a distance of 30 .00 feet to the Northwest corner of said
Lot 13;
Thence continuing North 89 °11 '27" East and along the North line of sa id Lot 13
a distance of 518 .12 feet to
the Northeast corner of the West one-half of said Lot 13 and the Point of
Beginning ;
Thence South 89°11 '27" West along the North line of said Lot 13 a d istance of
348 .12 feet to a point 170.00
feet East of the Northwest corner of said Lot 13;
Thence South 00°18'19" East parallel to the West l ine of sa id Lot 13 to a point
150.00 feet South of the North l ine of said Lot 13 ;
Thence South 89°11 '27" West parallel to the North line of said Lot 13 a distance
of 170.00 feet to a point on
the went line of said Lot 13 and 150.00 feet South of the Northwest corner of said
Lot 13;
Thence South 00°18'19' East along the West li ne of said Lot 13 a distance of
250.02 feet to the Northwest
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corner of a parcel described in Book 1862 at Page 375 of the Clerk and
Recorder's Office of Jefferson
County, said corner being 17 .00 feet North of the Southwest corner of said
Lot 13;
Thence North 89°11 '47' East along the North line of sa id parcel described in
Book 1862 at Page 375 and
parallel with the South l ine of said Lot 13 a distance of 250.00 feet to the
Northeast corner of said parcel
described in Book 1862 at Page 375 ;
Thence North 89°11 '47' East parallel with the South line of said Lot 13 a
distance of 0 .02 feet to the
Northwest corner of a parcel described at Reception No. 82047968 ;
Thence North 89°11 '47 " East along the North l ine of said parcel described at
Reception Number 82047968
a distance of 256 .95 feet to a point 17.00 feet North of the South line of said Lot
13; Thence South 00 °18 '19'
East parallel to the West line of said Lot 13 a distance of 17.0 feet to the South
line of said Lot 13 and the
Southeast corner of said parcel described at Reception Number 82047968 said
corner being 537 .97 feet
East of the West line of the Southeast ore-quarter;
Thence North 89°11 '47" East along the South line of said Lot 13 a distance of
1 0 . 16 feet to the Southwest
corner of the West One-half of Lot 13 ;
Thence North oo o 18'24" West along the East line of the West one-half of Lot 13 a
distance of 417.07 feet to
the Poi nt of Beginning .
County of Jefferson , State of Colorado .
PARCEL E:
Beg i nning at the Southwest corner of Lot 17, Standley Heights;
Thence North 0°04 .2' West along the West line of said Lot 17 a distance of 25.00
feet to a point on the North
line of West 50th Place as conveyed to Jefferson County by instruments
recorded in Book 987 at Pages 407 and 409 of said official records ;
Thence North 88 °59 .0' East along the North line of West 50th Place as recorded
in Book 987 at Pages 407
and 409 a distance of 750.12 feet;
Thence North 0 °03.6' West parallel to the East line of sa id Lot 17 a distance of
215 .60 feet to the True Point
of Beginn ing ;
Thence South 88°59 .0' West parallel to the South line of sa id Lot 17 a distance
of 60.46 feet ; Thence South
0 °03 .6 ' East parallel to the East line of said Lot 17 a distance of 21 .14 feet;
Thence South 88°59 .0' West
parallel to the South line of said Lot 17 a distance of 97 .05 feet ; Thence North
0 °03 .6' West parallel to the
East line of said Lot 17 a distance of 195.06 feet to a po int on the North line of
said Lot 17;
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Thence North 89 °11 .9' East along the North line of said Lot 17 a distance of
443 .59 feet to the Northeast
comer of said Lot 17 ;
Thence South 0°03 .6' East along the East line of said Lot 17 a distance of 5.27
feet to a non-tangent point
on a curve , said point being a point of curvature ;
Thence Southeasterly along a curve to the right , whose central angle is 67°00.3',
whose radius is 270 . 54
feet, and whose chord bears South 5r01 .9' East a distance of 298.66 feet to a
point 240 .60 feet North of the extended South line of said Lot 17 ;
Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance
of 200.44 feet to a point
50 .00 feet East of the Seat line of said Lot 17 ; Thence South 0 °03 .6' East parallel
to the East line of said Lot
17 a distance of 215 .60 feet to a point on the extended North line of West 50th
Place as recorded in said
Book 987 at Pages 407 and 409; Thence South 88 °59 .0' West along the
extended North line of West 59th
Place as recorded in Book 987 at Pages 407 and 409 a distance of 50.00 feet to
the Northeast comer of
West 50th Place as recorded in Book 987 at Pages 407 and 409; Thence North
0 °03 .6' West along the East
line of said Lot 17 a distance of 215 .60 feet; Thence South 88 °59 .0' West parallel
to the South line of said
Lot 17 a distance of 232.87 feet; Thence North 0°03 .6' West parallel to the East
line of said Lot 17 a distance of 0 .80 feet; Thence South 88 °59.0' West parallel to
the South line of said Lot 17 a distance of 43.00 feet ;
Thence South 0°03 .6' East parallel to the East line of said Lot 17 a distance of
0 .80 feet ; Thence South
88 °59.0' West parallel to the South line of said Lot 17 a distance of 10.24 feet to
the True Point of Beginning .
County of Jefferson , State of Colorado.
Se ction 2. Vested Prooertv 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. Safetv 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 .
Secti on 4 . Severability. If any clause , sentence , paragraph , or part of this
Zoning Code or the application thereof to any person or circumstances shall for
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any reason be adjudgedby a court of competent jurisdiction invalid , such
judgment shall not affect application to other persons or circumstances .
Section 5. Supersession Clause. If any provision , requirements or standard
established by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge , which are in existence as of the date of adoption of this Ordinance,
the provisions , requirements and standards here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after final publication .
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on
this 11th day of June, 2012 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for July 9, 2012, at 7 :00 o'clock p.m., in the Council Chambers , 7500 West
291h Avenue, Wheat Ridge , Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to o . this 9th day of July, 2012.
SIGNED by the Mayor on this 9th
ATTEST:
j!A~M vfftamJt/
elle Shaver, C1ty Clerk
151 publication : June 14 , 2012
2"d publication : JuJ.y 12, 2012
Wheat Ridge Transcript
Effective Date: July 27, 2012
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