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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. r F 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 1 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 3 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. NAME ADDRESS 36y/ S % / /J tc is ol~i Cl 353?l I--, L~Sc~~ ~t 57- 3 )y ►SaX L., s - K,,, S T DATE y-/6-S5- h-o ,-F3 - o -PS P/Xv- O1~5 d / F S" C 3 Page 2 n ADDRESS ~•LYd DATE rya L 1 rd-lam/ CLG~~a~ ~ 1/ 64 • ~ c~itnG l.. C9~ c c_ c'l ~ '!-7~ .J / ~ ~ C. ' ~ ~ \ , / ~ I ~ ~ n ~ ~ p ~ S-A ( ) j / ~ . ) < -G• ~~Lf+-ILC-/ cJ~ ~~C.4a+n/ 1W~LC.L/ T - U . . . :~56c: 4--1a- S A, V 1