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HomeMy WebLinkAboutOrdinance-1990-0829 \ - RECEPTION NO. F0700135 31.00 236 RECORDED IN JEFFERSON COUNTY. COLORADO PG: 0001-00b 9/23/1998 8:57:54 INTRODUCED BY COUNCIL MEMBER ORDINANCE NO. 829 Series of 1990 EAFANTI J.; ~ ~Ol. ~ ni ~~ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM HOSPITAL-ONE (H-l), HOSPITAL-TWO (H-2), AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED HOSPITAL DEVELOPMENT (PHD), FOR THE SEPARATELY OWNED PROPERTIES LOCATED AT THE FOLLOWING ADDRESSES: 1) 8300 W. 38TH AVENUE 2) 8900 W. 38TH AVENUE; 3) 5361 W. 26TH AVENUE, 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 the City of Wheat Ridge for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-90-l and based upon recommendation for approval, with conditions, from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended as follows: Property No.1: Exclude from the Hospital-Two district, and Planned Commercial District and include in the Planned Hospital Development District, the Lutheran Medical Center property located at 8300 West 38th Avenue, except all property currently zoned Residential-One (R-l) or Residential-Two (R-2), such entire parcel legally described as follows: A tract of land located in the northwest one-quarter of Section 26, Township 3 South, Range 69 West, of the 6th P.M., and the northeast one-quarter of Section 27, Township 3 South, Range 69 West, of the 6th P.M., Jefferson County, Colorado, described as follows: Beginning at a point on the line common to said Sections 26 and 27 from which the north corner common to said Sections 26 and 27 bears NOolO'56"E a distance of 35.00 feet, said point being the south line of that tract of land described in Book 2577 at Page 401 of the official records of Jefferson County, Colorado; thence N89052'56"E parallel to the north line of said Section 26 and along the south line of that tract of land described in said Book 2577 at Page 401 a distance of 986.03 feet to a point on the east line of the west one-half of the east one- half of the northwest one-quarter of the northwest one- Ordinance No. WZ-90-1 829 Page 2 ~ quarter of said Section 26; thence S0004'52"W along the east line of the west one-half of the east one-half of the northwest one-quarter of the northwest one-quarter of said Section 26 a distance of 1290.82 feet to the southeast corner of the west one-half of the east one-half of the northwest one-quarter of the northwest one-quarter of said Section 26; thence N89056'28"E along the north line of the southwest one-quarter of the northwest one-quarter of said Section 26 a distance of 269.43 feet to the northwest corner of the east 60.00 feet of the southwest one-quarter of the northwest one-quarter of said Section 26; thence S0002'50"W along the west line of the east 60.00 feet of the southwest one-quarter of the northwest one-quarter of said Section 26 a distance of 878.70 feet to a point on the north line of the south 447.40 feet of the southwest one-quarter of the northwest one-quarter of said Section 26; thence N90000'00"W along the north line of the south 447.40 feet of the southwest one-quarter of the northwest one-quarter of said Section 26 a distance of 842.40 feet to a point which lies 417.40 feet easterly of the west line of the northwest one- quarter of said Section 26; thence SOOlO'56"W parallel to the west line of the northwest one-quarter of said Section 26 a distance of 417.40 feet to a point 30.00 feet northerly of the south line of the northwest one-quarter of said Section 26; thence N90000'00"W parallel to said south line a distance of 208.70 feet; thence NOolO'56"E a distance of 417.40 feet; thence N90000'00"W a distance of 208.70 feet to a point on the west line of the northwest one-quarter of said Section 26; thence SOOlO'56"W along said west line a distance of 417.40 feet to a point 30.00 feet northerly of the southwest corner of the northwest one-quarter of said Section 26; thence S89043'26"W parallel to the south line of the northeast one-quarter of said Section 27 a distance of 200.00 feet; thence N0010'56"E parallel to the east line of said northeast one-quarter a distance of 4l7.40 feet to a point on the north line of the south 447.40 feet of the east one-half of the northeast one-quarter of said Section 27; thence S89043'26"W along the north line of the south 447.40 feet of the east one-half of the northeast one-quarter of said Section 27 a distance of 607.65 feet to the southwest corner of Lot 8, Lutheran Subdivision, a subdivision recorded in the official records of Jefferson County, Colorado; thence N0007'42"E along the west line of said Lutheran Subdivision a distance of 833.55 feet to a point of curvature, said point being the southwest corner of that vacated portion of West 35th Avenue, thence continuing NOo07'42"E along the west line of that vacated portion of West 35th Avenue a distance of 74.91 feet to the southwest corner of Lot 24, Longview Subdivision, a subdivision recorded in the official records of Jefferson County, Ordinance No. WZ-90-1 829 Page 3 ~ Colorado; thence NOo07'42"E along the west lines of Lots 24 through l8 of said Longview Subdivision, a distance of 700.00 feet; thence N89047'55"E along the north line of said Lot 18 a distance of 199.50 feet to the northeast corner of said Lot 18; thence NOo07'42"E along the east line and its northerly extension of Lot 17 of said Longview Subdivision a distance of 123.07 feet to a point on that agreed line described in Reception Number 86128262 of theJefferson County records; thence easterly along said agreed line of the following three courses and distances: 1) S80040'23"E a distance of 33.34 feet; 2) S77055'06"E a distance of 75.09 feet; 3) S730l9'13"E a distance of 79.81 feet to a point on the west line of the east 426.80 feet of the northeast quarter of said Section 27; thence NOOlO'56"E along the west line of the east 426.80 feet of the northeast one-quarter of said Section 27 a distance of 487.00 feet to a point 30.00 feet south of the north line of said Section 27 and 426.80 feet west of the east line of said Section 27; thence N89052'25"E parallel to the north line of the northeast one-quarter of said Section 27 a distance of 232.99 feet to a point on the west line of that tract of land described in said Book 2577 at Page 401; thence SOo10'56"W parallel to the east line of said Section 27 a distance of 5.00 feet to the southwest corner of that tract of land described in said Book 2577 at Page 401; thence N89052'25"E a distance of 193.80 feet to the point of beginning, containing 94.320 acres, more or less. Property No.2: Exclude from the Hospital-One district and include in the Planned Hospital Development district the Wide Horizons property located at 8900 West 38th Avenue, legally described as follows: Lot 1: A tract of land located in the northwest one-quarter of the northeast one-quarter of Section 27, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado. Described as follows: Commencing at the northeast corner of the west one-half of the east one-half of the northwest one-quarter of the northeast one-quarter of said Section 27; thence SOo07'50"E along the east line of said west one-half, a distance of 30.00 feet to the point of beginning; thence continuing SOo07'50"E along said east line a distance of 743.50 feet to a point on the westerly line of that tract of land described in Book 438 at Page 214 of the Jefferson County records; thence southerly along said westerly line, the following two courses and distances: Ordinance No. WZ-90-1 829 Page 4 q 1) Along a non-tangent curve to the left, whose radius is 135.00 feet, whose central angle is 35025'51" (whose cord bears S17035'05''W a distance of 82.16 feet) for an arc distance of 83.48 feet; 2) SOo07'50"E a distance of 270.00 feet to a point of 205.00 feet north of the south line of the northwest one-quarter of the northeast one-quarter of said Section 27; thence S89033'34''W parallel to said south line a distance of 802.69 feet to a point on the west line of the east one-half of the west one-half of the west one- half of the northwest one-quarter of the northeast one- quarter of said Section 27; thence NOo09'44"W along said west line a distance of 832.57 feet to a point 290 feet southerly of the north line of the northeast one-quarter of said Section 27; thence N89037'28''E parallel to said north line a distance of 165.63 feet to a point on the west line of the east one-half of the west one-half of the northwest one-quarter of the northeast one-quarter of said Section 27; thence NOo09'2l"W along said west line a distance of 260.00 feet; thence N89037'28"E a distance of 662.63 feet to the point of beginning containing 19.584 acres more or less. Property No.3: Exclude from the Hospital-One district and include in the Planned Hospital Development district the Johnstone Development Center property, owned by Jefferson County Community Center, located at 5361 West 26th Avenue, legally described as follows: That part of the Southeast one-quarter of Section 25, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point on the south line of said Section 25, 384.00 feet west of the southeast corner of said section; thence west along said south line 300.00 feet; thence north at right angles 362.00 feet; thence east at right angles 300.00 feet; thence south 362.00 feet to the point of beginning; EXCEPT the south 30.00 feet of the above described property lying within the right of way for West 26th Avenue, County of Jefferson, State of Colorado. Section 2. Conditions a. Relating to Parcel No.1, the existing Planned Building Group - Official Development Plan recorded with the Jefferson County Clerk and Recorder at Book 54 Page 25 shall be accepted as a combined outline and final development plan for the purposes of use and development, as such outline and final development plan is required by Wheat Ridge Code, Ordinance No. 807, Series of 1989. Any proposed development and/or use not in conformance with such approval Official Development Plan shall require submission of an amended plan and review subject to the provisions of Ordinance No. 807. This change of zone does not affect or apply to those portions of the Lutheran Medical Center property Ordinance No. WZ-90-1 829 Page 5 / ~ currently classified as Residential-One (R-I) or Residential-Two (R-2). b. Relating to Parcel No.2, the existing Planned Building Group - Official Development Plan recorded with the Jefferson County Clerk and Recorder at Book 58 Page 53 shall be accepted as a combined outline and final development plan for the purposes of use and development, as such outline and final development plan is required by Wheat Ridge Ordinance No. 807, Series of 1989. Any proposed development and/or use not in conformance with such approval Official Development Plan shall require submission of an amended plan and review subject to the provisions of Ordinance No. 807. c. Relating to Parcel No.3, the existing conditions of the parcel, as of the date of adoption of this Ordinance, shall be accepted as in lieu of an approved Official Development Plan. Any future development, redevelopment, addition or substantial change of use shall require submission of Final Development Plan and review subject to the provisions of Ordinance No. 807 of the Zoning Ordinance. Section 3. Vested Propertv Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of City of Wheat Ridge Ordinance No. 791, Series of 1989. Section 4. Safetv 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 5. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjusted 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 6. This ordinance shall take effect 15 days after final publication. Ordinance No. WZ-90-l 829 Page 6 lJ INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to ~ on this 14th day of May , 1990, 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 June 11 , 1990, at 7:30 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 5 to~, this 11th day of June ,1990. / , - 11 A~, "" 4'[/ "... ;. i_A.... .i'l WANDA SANG, ( , J , J/ ",<,Gi CITY ERK ~~ DAN WILDE, MAYOR APPROVED AS TO FORM BY ATTORNE:.Y -; r- / - " / JOHN,~AYES, CITY' AT 1st Publication: May 23, 1990 / 2nd Publication: June 20, 1990 ' Applewood/Wheat Ridge Transcript Effective Date: July 5, 1990 CITY _._~. pc/ordwz9011/2/3