HomeMy WebLinkAboutOrdinance-1985-0621INTRODUCED BY COUNCILMEMBER HOBBS
ORDINANCE NO. -621
Series of 1985
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESIDENTIAL-TWO (R-2) TO PLANNED COMMERCIAL DEVELOPMENT
(PCD) AND APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND
LOCATED AT THE NORTHWEST CORNER OF WEST 35TH AVENUE AND
WADSWORTH BOULEVARD, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Integrated Development
Corporation for approval of rezoning in Wheat Ridge, Colorado,
Case No. WZ-84-22, and based upon recommendation for approval
from the Wheat Ridge Planning Commission, and pursuant to
findings made based on testimony and evidence presented at public
hearing before the Wheat Ridge City Council, and pursuant to a
Stipulation and Court Order dated April 11, 1985, Wheat Ridge
maps are hereby amended to exclude from Residential-Two (R-2)
Zone District and to include within the Planned Commercial
Development (PCD) Zone District and approval of an Outline
Development Plan for the following described land:
A tract of land located in the E 1/2 of the NE 1/4 of the NW
1/4 of Section 26, Township 3 South, Range 69 West of the
6th P.M., being more particularly described as follows:
COMMENCING at the North Quarter corner of said Section;
thence SOO°02'34"W along the North-South centerline of said
Section, a distance of 528.00 feet; thence S89°59'44"W a
distance of 45.00 fet to the Westerly right-of-way line of
Wadsworth Boulevard which is the TRUE POINT OF BEGINNING;
thence continuing along said described course, a distance of
615.00 feet; thence SO0°02'34W parallel to the East line of
the NE 1/4 of the NW 1/4 of said Section, a distance of
402.11 feet; thence N79°36'35"E 2.13 feet; thence
S89°56'15"E a distance of 15.00 feet to the Northeast corner
of a tract of land described in Book 2758 at Page 60 of the
Jefferson County Records; thence SO°11'45"W parallel to the
East line of the B and H tract; a distance of 381.64 feet to
the North line of West 35th Avenue; thence S89°56'15"E
parallel to the South line of said NE 1/4 of the NW 1/4 a
distance of 588.77 feet to the West line of Wadsworth
Boulevard; thence N00°02'34"E along said West line a
distance of 618.58 feet; thence N03°32'34"E along said West
line, a distance of 165.80 feet to the TRUE POINT OF
BEGINNING.
EXCEPT that portion described in instrument recorded March
13, 1984 as Reception No. 84022528.
Section 2. Conditions. This rezoning is subject to the
following condition: Said rezoning and Outline Development Plan
is conditioned upon and subject to the terms of the Stipulation
and Amended Stipulation which are attached hereto as Exhibits A
and B respectively and incorporated herein. Any development of
said property shall be in conformance with the provisions of said
Exhibits A and B.
Section 3. Safety Clause. The City Council 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. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 5. This ordinance shall take effect 15daysafter final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 13th day of May , 1985, ordered
publi hes in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for June 17 , 1985, at 7:30 o'clock
p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 8 to 0 this 17th day of June
1985.
SIGNED by the Mayor on this 17th day of June ,
1985.
1 f L -
Frank Stites, Mayor
ATTEST:
i L,1~ rz' 1G~JL
anda Sang, City C11 k
1st Publication: Play 16, 1985 APPROVED AS TO
2nd Publication: June 20, 1985 OFFIC F P~
Wheat Ridge Sentinel: Cr
Effective date: July 5, 1985
Jo . Hayes
RM $Y
DISTRICT COURT, JEFFERSON COUNTY, COLORADO
Case No. 84CV3258, Division 2
STIPULATION
INTEGRATED DEVELOPMENT CORPORATION, et al.
Plaintiffs,
v.
THE CITY OF WHEAT RIDGE, COLORADO, et al.
Defendants.
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1. The City agrees that the Court shall enter an Order
directing that the property of Plaintiffs be rezoned from its
present zone categories to the Planned Commercial Development
(PCD) category, subject to the terms and conditions set forth
hereinafter and subject to the conditions set forth in the City
Council's motion of November 19, 1984, which motion failed on a
vote of 4 to 4.
2. The Plaintiffs agree that the Final Development Plan
(FDP) required to be submitted to the Wheat Ridge City Council
shall provide for the closure of Yukon Court at the Northern
boundary of the Plaintiffs' property. In addition, Plaintiffs
shall provide for a set back of not less than 15 feet from the
northern property line of Plaintiffs' property, a lineal distance
of approximately 120 feet from Plaintiffs' western property line
to the western right-of-way line of Yukon Court.
The parties have not at this point agreed with finality as
to the set back distance from the point described above to the
western property line of Friendly Ford. Said set back shall,,,be
the subject of a future stipulation between the parties. S &td
cedar fence shall be 10 feet in height and shall act as a nose -
and visual barrier. Plaintiffs further agree that primary ; C
loading docks shall be designed within the project at points-
other than the North end of the development so as to be not
adjacent to the residential properties of Mr. and Mrs. White-rand
the Ridge Manor Apartment at 3720 Yukon Court. K:.D
3. Plaintiffs agree to comply with the terms of a certain
MEMORANDUM OF UNDERSTANDING dated March 7, 1985, executed bl;wJohn
Doyle, Robert M. Russell, and Bruno Maffei, as representatives of
residents of Allison Street, Wheat Ridge, Colordo, with the
exception that the 10 foot fence to be constructed shall be a
cedar fence, and not a cedar and brick post fence. Plaintiffs
agree notwithstanding the terms of said MEMORANDUM OF
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UNDERSTANDING that they shall contribute $12,000.00 toward the
construction of the improvements required to render Allison
Street a dead-end street, which monies shall be paid to the City
at the time of building permit issuance, and the City agrees it
shall utilize said monies only for the purpose of completing the
improvements agreed to between the City and the Allison Street
residents which are required to render Allison Street a dead-end
street. To further guaranty closure of Allison Street, the City
agrees to vacate a 2 foot strip at the North boundary of the
right of way of West 35th Avenue. The specific undertakings of
Plaintiffs relating to landscaping between the development on
Plaintiffs' property and the Allison Street properties are as
follows:
A 15 foot wide area shall be constructed as a landscaped
buffer, which 15 feet will include a 3 foot vertical rise berm,
which berm shall rise from the existing grade of the paved
driveway/street presently at or on the west property line of the
proposed development. Fifteen (15) feet from the beginning of
the landscaped area at the west drive will be located a 10 foot
high cedar post fence. The City Council of the City of Wheat
Ridge shall issue a variance for the construction of said 10 foot
high fence at the time of approval of the Final Development plan.
Plaintiffs guaranty that no less than 15 feet of landscaped
buffering shall be included, which would be between the fence
described above and the west drive described herein. It is
agreed that, if able to be arranged by Plaintiffs, some or all of
the 15 feet to be landscaped and bermed may be on property owned
by others provided that Plaintiffs, for themselves, their
successors and assigns, obtain an easement therefore and agree to
maintain the landscaping within said 15 feet. The landscaping
discussed herein shall be rock and trees, the latter of which may
be irrigated with a drip irrigation system.
4. Plaintiffs acknowledge that they are required to submit
a FDP pursuant to the ordinances of the City of Wheat Ridge, and
agree that said FDP shall conform to the requirements of the PCD
ordinance, being Section 20 of Appendix A of the Code of Laws of
the City of Wheat Ridge, and the Outline Development Plan being
approved pursuant to this Stipulation. Plaintiffs and
Defendants, for themselves, their successors and assigns, agree
to be bound by the agreements referred to herein and by the terms
of this Stipulation, and Plaintiffs agree that the FDP submitted
hereafter shall be consistent with the terms hereof. The parties
specifically acknowledge that the City has advised Plaintiffs
that the issues of percentage and quality of landscaping, and
location of required holding tank(s) will be subject to review in
the Final Development Plan review process, said review to be
accomplished in good faith and in a manner consistent with this
Stipulation.
5. The City agrees to be bound by the representations it
and its agents and attorneys have made to Allison Street
residents during the process of arriving at this Stipulation.
2
6. In the event of a discrepancy between any term or
condition of the City Council's motion of November 19, 1984, and
the provisons of this Stipulation, this Stipulation shall
control.
7. The parties jointly pray the Court to adopt this
Stipulation as an Order of this Court. As a portion of this
Stipulation, each party agrees to pay its own costs and attorneys
fees incurred herein.
Respectfully submitted,
MCMARTIN, BURKE, LOSER
& FITZGERALD, PVC.
By: 01
Jo E. Hayes, # 9
At rneys for De endants
3 3 3 South Bannock Street
600 First Interstate Center
Englewood, Colorado 80110
(303) 761-1481
By:
M u ice F. Fox, Esq. #3246
Attorneys for Plaintiffs
4465 Kipling Street
Wheat Ridge, Colorado 80033
(303) 424-4443
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DISTRICT COURT, JEFFERSON COUNTY, COLORADO
Case No. 84CV3258, Division 2
ORDER
INTEGRATED DEVELOPMENT CORPORATION, et al.
Plaintiffs,
V.
THE CITY OF WHEAT RIDGE, COLORADO, et al.
Defendants.
THIS MATTER coming before the Court this 11th day of April,
1985, the parties being represented by their respective attorneys
of record, said attorneys having presented the Court with a
Stipulation executed by said attorneys with the agreement and at
the direction of the respective parties hereto, and the Court
having reviewed said Stipulation and being otherwise fully
advised in this matter,
NOW THEREFORE, it is hereby ORDERED that the Stipulation of
the parties referred to above is hereby adopted as the Order of
this Court, all parties being directed to perform the duties set
forth therein.
District Judge
April 10, 1985
MEMORANDUM OF PRELIMINARY AGREEMENT:
As property owners and residents of Allison Street and by our signatures hereon we give
our preliminary approval to the following plans, drawings, letters and agreements as
listed below subject to approval of a Final Developement Plan to be reviewed and executed
by City Attorney John Hayes for the City of WheatRidge, Robert Ellis, President and
Maurice Fox, Attorney for Integrated Developement Corp. and Robert Russell, Bruno Maffei
and John Doyle, representatives for Allison Street residents.
1. Five page memorandum of understanding dated March 7, 1985 and signed by
John E. Hayes and approved by representatives of Allison Street residents.
2. Engineers drawing #SS 100 dated March 3, 1985 prepared by Robert M. Russell,
Professional Engineer showing proposal for closing of Allison Street at West 35th
Ave. via a traditional circular Cul de Sac.
3. Revised engineers drawing #SS 100 - Revision #1 dated April 10, 1985 prepared
by WheatRidge City Engineering Dept. and stamped "Preliminary" showing design
change from traditional circular Cul de Sac to modified "T" plan.
4. Modification in March 7, 1985 memorandum of understanding in paragraph three
(3) page two (2) and continued on page three (3) having to do with construction
method for building of fence for buffer purposes on West side of proposed
developement. Type of construction shall be changed from "Brick & Cedar" to
Solid Cedar.
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