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HomeMy WebLinkAboutOrdinance-1985-0632INTRODUCED BY COUNCILMEMBER KELLER ORDINANCE N0. 632_ Series of 1985 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND APPROVAL OF AN OUTLINE AND FINAL DEVELOPMENT PLAN AND PLAT ON REAL PROPERTY LOCATED AT 7615 AND 7777 WEST 38TH AVENUE AND 3825-35 WADSWORTH BOULEVARD (aka WILMORE NURSERY) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by LVW Investment Company and The Charles S. Golding Company, approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-85-18, 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, Wheat Ridge maps are hereby amended to exclude from the Restricted-Commercial (R-C) Zone District and to include within the Planned Commercial Development (PCD) Zone District and approval of an Outline and Final Development Plan and Plat for the following described land: That real property situated in Jefferson County, Colorado, and lying within the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 23, T3S, R69W of the 6th P.M., City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Commencing at the S 1/4 corner of said Section 23, from which the southwest corner of said Section 23 bears S89056113"W, thence 989056113"W, 195.30 feet along the south line of the SW 1/4 of said Section 23 to the west line extended southerly of that tract of land as described in Quit Claim Deed recorded in Book 728 at page 289 of the records of Jefferson County, Colorado and the True Point of Beginning; Thence continuing 98905611311W, 462.15 feet along the south line of the SW 1/4 of said Section 23 to the southwest corner of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 23; Thence N00005'43"E, 496.46 feet along the west line of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 23 to the southwest corner of that tract of land as described in Warranty Deed recorded in Book 1070 at page 512 of the records of Jefferson County, Colorado; Thence N89057'09"E, 100.00 feet along the south line of that tract of land as described in said Book 1070 at Page 512 to the west line of that tract of land as described in Quit Claim Deed recorded in Book 1120 at Page 197 of the records of Jefferson County, Colorado; Thence 900005143"W, 10.00 feet along the west lire of that tract of land as described in said Book 1120 at Page 197 to the southwest corner thereof; Thence N8905710911E, 300.00 feet along the south line of that tract of land as described in said Book 1120 at Page 197 to the southeast corner thereof; Thence N0000514311E, 175.00 feet along the east line and the east line extended northerly of that tract of land as described in said Book 1120 at Page 197 to the north line of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 23; Thence N8905710911E, 27.91 feet along the north line of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 23 to the west line extended northerly of that tract of land as described in Warranty Deed recorded in Book 880 at Page 78 of the records of Jefferson County, Colorado. Thence S0000810811W, 274.27 feet along the west line extended northerly and the west line of that tract of land as described in said Book 880 at Page 78 and along the west lines of those tracts of land as described in Warranty Deeds in Book 910 at Page 363 and in Book 1097 at Page 369, in Book 1087 at Page 536 and in Book 1431 at Page 128, all of the records of Jefferson County, Colorado, to the southwest corner of that tract of land as described in said Book 1431 at Page 128; Thence N8905710911E, 230.00 feet along the south line of that tract of land as described in said Book 1431 at Page 128 to the north-south centerline of said Section 23; Ordinance No. Page 2 Thence SOOo08'08"W, 113.29 feet along the north-south centerline of said Section 23 to the northeast corner of that tract of land as described in said Book 728 at Page 289; Thence 389056113"W, 195.30 feet along the north line of that tract of land as described in said Book 728 at Page 289 to the northwest corner thereof; Thence S00008108"W, 273.00 feet along the west line and the west line extended southerly of that tract of land as described in said Book 728 at Page 289 to the True Point of Beginning, containing 5.727 acres, more or less. Section 2. 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 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 3. 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 ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of August, 1985, 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 September 23 , 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 to 0 , this 23rd_ day of se temlapr_, 1985. SIGNED by the Mayor on this -23rd day of e t mber___, 1985. ts= r3t FRANK STITES, MAYOR jan Wanda Sang_, City C erk _ APPROVED AS TO FORM BY CITY ATTORNEY: 1st Publication: August 29, 1985 2nd Publication: September 26, 1985 Wheat Ridge Sentinel _ JOHK_HAYER, CITY A TORKEY---y Effective Date: October 11, 1985 ✓