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HomeMy WebLinkAboutOrdinance-1998-1142 ~~ \\1 RECEPTION NO. -', 'IY::i:I. ',j (, U 4/22/19~ 4:34:~2 PG: 001-003 PRRr rff:- lG.~O nor.EEf: 0.00 !;rr:m;'})r-!) fl'l JITITr.:~)nH I-;OUNTY, r:nLORADO INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. ~ Ordinance No. ~ Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS REGIONAL TRANSPORTATION DISTRICT WARD ROAD PARK-AND-RIDE FACILITY GENERALLY LOCATED SOUTH OF KAISER PERMANENTE WARD ROAD MEDICAL FACILITY, NORTH OF INTERSTATE 70, WEST OF WARD ROAD AND EAST OF MOUNT OLIVET CEMETERY, IN JEFFERSON COUNTY (ANX-98-05) 1~3 WHEREAS, pursuant to the laws of the State of Colorado. there was presented to the CIty Councr! of the CIty of Wheat RIdge. Colorado, wntten petitIOn for annexation to and by the City of Wheat RIdge. Colorado, ofthat property described m attached ExhIbIt A, bemg contiguous unmcorporated tern tory contIguous to the CIty and sItuated. lymg and bemg m the County of Jefferson, State of Colorado (the Property): and WHEREAS, the Property is further described on the AnnexatIOn Map attached hereto as l'xhlblt B, and WHEREAS, the owners of more than fifty percent (50%) of the Property have petItIoned for annexatIOn. and WHEREAS, thc CIty CounCIl of the CIty of Wheat RIdge, Colorado, has conducted a public hearmg as reqlllred by law to determme the eligIbIlity for annexatIOn of the Property. and WHEREAS, the City Council of the City of Wheat RIdge, Colorado, has satIsfied Itself concernmg the eligibIlity for annexatIOn of the Property, and concernl11g the conformance of the proposed annexation to the applicable law and the annexatIOn policy ofthe CIty of Wheat RIdge. Colorado BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section t The annexatIOn to the CIty of Wheat RIdge, Colorado, of that Property described m attached ExhibIt A, sItuated, lymg and bemg m the County ofJefferson, State of Colorado, meets all reqUIrements of]aw and the annexatIOn policy of the City of Wheat RIdge, and, therefore. IS hereby approved and made effectIve Section 2. Rezomng of the Property shall be completed simultaneously WIth the annexation of the Property pursuant to the Home Rule Charter and Code ofOrdmances of the Ctty of Wheat RIdge RECEPTIOJ-.l J-.I; FJ iF\I::j l')f){) Section 3. The CIty Counct! hereby approves the Annexatton Agreement which IS attached as Exhibit B Section 4. Upon the effectIve date ofthis Ordinance the Property shall become subject to the laws of the State of Colorado pertal11ing to cIties and to the Charter and all ordl11ances. resolutIons, rules and regulatIOns of the CIty of Wheat Ridge, ? Section 5. The CIty Clerk shall file for reeordl11g one certIfied copy of the AnnexatIOn Ordmance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jet1erson. State of Colorado Section 6. The CIty Clerk shall file one certified copy of the Annexation Ordl11ance and one copy of the AnnexatIOn Map with the Secretary of the State of Colorado Section 7. ThIS annexatIon shall become effective upon the filmg for recordmg of the certIfied copy of this AnnexatIon Ordmance and the Annexation Map wIth the Clerk and Recorder for the County of Jellerson, State of Colorado, whIch filing for recordmg shall be accomphshed no sooner than nmety (90) days from the date of adopt Jon of this ordinance on second readmg INTRODUCED, READ, AND ADOPTED on first rcadmg by a vote of ~ to ---L on thiS 23rctlay of November . 1998, ordered publIshed m full 111 a newspaper of general CIrculatIon 111 the City of Wheat RIdge and Public Hearing and consIderatIOn on final passage set for December 14, _, 1998. at 7'00 p.m , 111 the Council Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final readmg by a vote uf 6 to ~,thIS 14 th day of December , 1998 SIGNED by the Mayor on thIS 15th day of December , 1998 , / GRETCHEN CERVENY, MAYOR ~~ Wanda Sang. CIty Clerk Pubhshcd, 1 st Pubhcation, ::'nd Pubhcatlon: GERAL Wheat RIdge TranSCript December 4, 1998 December 18, 1998 EY C ,Harbara',CCKPTS'RES( l-( Hur anx.<)t({)') \\'pd Ordinance No ANX-98-05 Page 2 EXHIBIT-A Legal Description for City of Wheat Ridge Annexation # 98-7 R.T.D. Property 3-- RECEPTIOH HO. F () a '''; :I. ') b (, Begmmng at the Northeast corner of the N W, 1/4 of Section 20, TownshIp 3 South, Range 69 West of the 6lh Pnnclpal Meridian, Thence S 00 15' 12" E along the said East line of the saId Northwest 1/4 of section 20 a distance of 777 69 feet. Thence S 890 44' 48" W a distance of 50 feet to the True Pomt of Beginnmg. Thence S 740 34' 48" W a distance of 625.31 feet. Thence S 00 15' 12" E a distance of299 97 feet. Thence S 740 35' 03" W a distance of 10.36 feet. Thence S 00 15' 12" E a distance of 227.30 feet. Thence N 890 44' 48" E a distance of 996 feet. Thence S 00 15' 12" E a distance of 103,65 feet. Thence N 650 53' 18" E a dIstance of 192.47 feet. Thence N 64 0 05' 33" E a distance of 474,30 feet. Thence N 00 15' 12" W a dIstance of 51403 feet to the True Point ofbegmmng, This parcel contams 350.040.02 sq ft" or 8.036 acres The penmeter length is 2457.35 feet ~ ~ ------ RECEPTION NO. F 0 1:\ ",'j :I ') :','j ',;1 4/22/19S 4:34:50 PG: 001-007 PrInE FTF:- 3(..00 DOC. FEE: 0.00 J;'FCOPf)FD TN TFFFER~10N COIJNTY, COLORADO A~NEXATlON AGREEMENT THIS A:,\]\JEXATION AGREEMENT made and executed thIS 20 [!!.. davof /\/12, ( ,1999, by and between the CITY OF WHEAT RIDGE. COLORADO. a Colorado home rule mUnicIpal corporatIOn (heremafter referred to as the "CIt;,."), and RegIOnal TransportatIOn Dlstnct (RTD) or theIr assIgns (heremafter referred to as the "Landowner") )___ 1 \\ I 'I' , ESS E 'I' H \Vhereas, the Clt) of Wheat RIdge. Colorado, IS a Colorado home rule mUniCIpal corporatIon, possessmg all of the powers and authontIes granted to It pursuant to Amcle XX of the constItutIon of the State of Colorado, the Home Rule Charter of the CIty as adopted by the reSIdents and electors of the Cll). and those State Statutes apphcable to the CIty, whIch statutes Include the MUnICIpal A,nnexatlOn Act of 106:'. C R.S ~ 31-1:2-101, et g:g, and \Vhereas. RegIOnal TransportatIOn Dlstnct IS the Lando\vner of that certam real property whIch IS IdentJIied m ExhibIt A whIch IS attached hereto and expressly ll1corporated herem. _ // whIch property IS contIguous to the corporate boundanes of the CIty of \Vbeat RIdge, and whIch IS elIgible for annexatIon mto the CIty of Wheat RIdge and Whereas the CIty Vi/shes to annex the property described m ExhIbIt A and the Landowner of the property described m ExhibIt A. WIshes to have the same annexed /Dto the Cny subject to all of the terms and condlllOns set forth herem. and \Vhereas. the CIty and the Landowner WIsh to set forth In thIS :\nnexatIon Agreement all of the terms and condnlOns whIch shail be applIcable to the annexatIon of saId propert\ Into the boundanes of the Cm, and whIch shalt. pursuant to the terms nereof gO\ em eertal11 aspects of the reiallons between the partIes from and after ,he time of saw annexatlon, 'lOW. THEREFORE. the pames 11erelo. for themselv es. theIr hem. successors anl1 assIgns. do herehy covenant. \varranL and agree as io]lows :-,ectIon I, ,il.,~reement Re~ardm~ Zonm~, The proDert:- descnbed In Exhibn .il., shall he re-zoned b\ the \Vheat RIdge CIty Counetl lil accordance wllh the pro\lslOns orthls paragraph, .il." The property whlch conslsts of S acres more or less, shall be zoned CommerCIal One (C-I), m accordance WIth ell) of\Vheat RIdge Zonmg RegulatIons SectIOn ::'0-::':, WIth restnCllons, Exhibll B attached to and mcorporated herem. shall serve as the speCIfic lIst of land uses permItted on and restncted from occuITIng on the property RIT~ H~ FOB51~~~ B The addItIonal land use of Pubhc T ransportatlOn Park and RIde F aClht:v specifically for the temporary parkmg of cars relatIve to partIcIpatIon and use of pubbc transportatIOn servIces shall be recogmzed as an allowable and penmtted land use SectIon ::'. Roadwa\ Improvements, No roadway Improvements shall be reqUlred relatIve ~ '}- solely to the annexatIOn and zonmg of the subject propert~ Section :3, Vested RH!hts The Landowner agrees to wa1\ e any and all nghts whIch have vesled as to the annexed property pnor to the date of annexatIOn approval by the CIty CounClI of the CIt:- of Wheat RIdge Section 4, PrOVISIOn of\Vater and Sewer ServIces The Landowner acknowledges and understands that the CIty of Wheat RIdge does not provlde water and. or sewer servIces The Landowner shall be solely responsIble for obtammg such servIces through Colorado speCIal dlstncts, or by pnvate contract. and acknowledges that the CIt~ has no responsibIlity whatsoever to proVIde sard serVIces SectIOn 5, Contm2ent Nature of AL'Teement. ThIS Agreement IS expressly contmgent upon the fulfiIlmg by both Landowner and the CIty of all actIons whIch are necessaf) to annex all of the propert~ described m Exhibit A, If the annexatIOn of all of sard property, subject to all of the terms and condItIOns of thIs AnnexatIOn A~'Teement. IS not accompbshed, the CllY shall be obbgated to dIsconnect any pomon of the property preVIOusly annexed mto the Clly upon receIpt of a wntten demand from the Landowner that saId dIsconnectIOn actIOn take place Section (J, Enforcement RemedIes. A.. The Landowner may enforce agaInst the CIty through any equitable aCllon. Includmg the seekmg of InjUnctIve or mandator:. Inl unct1\ e relIef. all of the proVIsIOns of paragraphs: .::',3'-+ and :: hereo f 3 ,i\m CIt\'Wlde ordInance whIch IS not InconsIstent \Vlth an", of the . . . proVIsIOns of paragraphs 1 ,md : above shall be applicable to and entorceable agamst the Landowner or hIS successor, In the same manner as the same are entorceabie agaInst am other propert~, owner withIn the CIt~ SectIon -i\~reement to be Recorded, ThIS .-\nnexatlon .i\greement shall be recorded b~ :he City upon Its adoptIon by the Wheat RIdge CIty CounCIL SectIon 8, BIndIn\,!: on Successors. ThIS Annexallon A~'Teement. and each and ever: proVISIOn thereof, shall be full:- bmdIng upon each of the parties hereto, as \VeIl as any heIrS. successors. or assIgns of either part:- RECEPTION NO. F () i:\ ''';:! ,) ":i'.J SectlOn Q, Entire At::reement. ThIs :\nnexatlOn ~!:,'Teement constitutes the entlre a!:,'Teement between the partIes, and supersedes an;. other wntten agreements or any \ erbal understandmgs whIch may have been reached between the partIes pnor to the exeCU!lon hereof SectIon 111, Amendment. 11115 AnnexatIOn Agreement ma;. be amended only upon a wntmg sIgned by each of the partIes after proper and lawful approval thereofby the (lty CouncIl :::2.-. of the CIty of Wheat RIdge or the Landowner -d CITY OF WHEA 1 RIDGE. COLOR..!illO a home rule mUl1Iclpal corpora!lon R 14. "'1"1\.,",,' t'-,"'c ~,,"HJ.v. i~';,,~\., . 1 rJr fl'l.,. ~_,..~.._ e{:C:J;~j: -\uthonzeu .i\gent for ReglOnai Transportallon 01stnct 1 CertII' that the mIonnatlOn :md exhIbits hereWith submIltcu are true and correct to the nest or m\ kno\v lecige Subscnbeu anLi s\Vom :0 me thIS qfk cia\ or' ~ ll)Ol1 ~ CI-4 Lf.U./ 0{ ,d,. i<<~ '\OT.-\RY PCBLlC SEAL :vly CommIssIon Expm:s 'iy ell; li:I.,",,-" ~~"oic: 07/13/2001 RECEPTION NO. F () f.'\ ~'" :1, 'Y,'j ,) EXHIBIT A RTD Property 4- Beginning at the Northeast come: of the N \V. 1/4 of SectlOn 20, Township 3 South, Range 69 West -, 6"' P . I M'd' 0: tile . nnclpa I en Ian.. Thence S 00 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a dIstance of 77.7.69 feet. Thence S 890 44' 48" W a distance of 50 feet to the True Point of Beginning. Tnence S 74034' 48" W a distance of 625.31 feet. Thence S 00 15' 12" E a dista..-lce of299.97 feet. Thence S 74035' 03" W a distance of 10.36 feet. Thence S 00 15' 12" E a distance of227.30 feet. Tnence N 890 44' 48" E a distance of 9.96 feet. Tnence S 00 15' 12" E a distance of 103.65 feet Tnence N 650 53' 18" E a distance of 192.47 feet. Thence N 640 05' 33" E a distance of 474.30 feet. Tnence N 00 15' 12" \Va distance of 514.03 feet to the True Point of beginning, This parcel contains 350,040.02 sq. ft. . or 8,036 acres Tne peri:nete: length is 2457.3 5 feet EXHIBIT B RECEPTION NO. F () 1\ ;,:; :I. ') ",:;~) RTD ZONING The Zonmg for the property described m Exhibll A shall be CommercIal-One (C -I ) pursuant to Section ::'6-::'2 of the 'Wneat RIdge Code of Laws. WIth the rollowmg modIficatIOns. restnctlOns, and reqUIrements ."..- ~ Pami[[i!d Principal L ses ;\0 bur!dmg or land shall be used and no bUlldmg shall be erecled. com erted or structurally altered unless other\',(Jse provlded herem except for one ( I ) or more of the followmg uses "'.., The foIlowmg uses penmtted under SectIOn ::'b-2::' (8). Commercial One DIstrict (C-1) of the \Vheat RIdge Code of Laws , Banks. hmned to 2.000 square feel. Chrid care centers, Offices general busmess and profeSSIonal offices, Park-N-Rlde Parkmg of automobIles of chents, patients. and patrons of occupants of adjacent commercIal dlstncts. Sit down restaurants, ServIce estabhshments as hsted belo\\ a, Bluepnntmg, photostatic copymg. and other sImIlar reproductIOn servIces. however. not mcludmg large pnntmg. publIshmg and, or book bmdmg establIshments b Laundnes and dry cleanmg shoos .: Shoe repaIr shops J, Tarionng. Jressmakmg. or c!othmg aiteranon shoDs, .: 'y\!atch and Jewelry repaIr shoos, TelevIsIon. radIO. computer. smail apDilance reoalr ,md sef\'ICe shops Stores lor retaIl trade as listed oeiow ..1, Bakenes. reraIl n Book stores and newsstands c Camera and photographIC sen'lc'.: ,mJ supo!\ stores. c1 Cand:- nut and confectIOner:, stores e Convemence store wlthout gasolme pumps. hmned to :,.I)I)U square: feel. r Dehcatessens :md coffee shops ., Drug stores -!- o .\ II, Floral shops RTD L0I1111g Use:, WZ-%-l- Page I RECEPTIOM MO. F () n ;'j 1 ", ;'j ') L GIft, novelty or souvemr stores. J Jewelry stores, k, ~otIons stores. 1. Optical stores, m. PIcture framing shops n, StatIonery stores, o \"ideo stores, ~ Sire P1Llll Requiremenr' All permitted pnnclpal uses as lrsted above shall be reqmred to receIve approval of a sIte plan pnor to Issuance of a bmldlng permIt. The site plan shall be prepared m accordance with SectIon 2b-6(E)(:2). Type II SIte Plan. of the \\'heat Rldge Code of Laws, The SIte plan shall be revIewed by the Planning CommIssIOn and CIty C ouncll at a pubbc heanng follOWing the publrc notice requIrements of Section ::'6-6( F; II III, Prohihired L"ses' The follOWing uses shall be prohibIted ., All adult entertainment facrlltles as defined In SectIOn 3-1 of the \\'heat Rtdge Code of Laws AutomobIle, truck. motorcycle and or assOCIated eqmpmem sales. rentaL repmr. anc1 or storage/Jmpound lots, CommercIal machine shops. RecreatIOnal vehlcle. campe, and'or assOCIated eqUIpment sales andJor repair. or storage lots. Churches, LIquor stores, 0,lonuanes and crematonums Pawn shoos Golf courses, ,obacco shops Taverns. nIght :luDs. lounges. pn\'J.te clubs :lnG Jars Truck stops .) ...f 5 6 s " :' 10 1 : ,,, ,-. 1\ ::'ueCIJi '~,es' .i\n:- use proposed :or ~he property not speclllcally lIsted in Sec~lOn : above bUI permitted In the CommerCial-One zone dlstnct as a conditional use 0, speCIal use. shall De orocessed In accordance WIth Sect;on 2(H)tB I, SpeCIal L"se~. 'Jf~he Vvneal RIdge Code of :...aws Spec wi uses shall be sub1ect to reVle\1. ~:' Planmng CommIssIOn and Cll: Council and shall Include the approval of a SIte plan as reqmred In SectIOn ::'n-bIB I. m accordance WIth SectIon ::-lO of the Cl~, Charter AddItlOnall:,. Section 2 [U of the CIt:, of\Vheat Rtdge CIty CharteL titled .i\ctJon by Ordinance ReqUIred. and mcludlng speCIfic procedures relatIve to legal orotests, shall be In effect and applrcable to the granting of SpeCIal Uses, RTD Zoom:; Lses \\'z-%-: - Pa!.!~ 2 RECEPTlOH HO. F' dol ~'j:\ ')'''i ') \' Dewiopmem SlanuarJs All uses shall be subject to the development and use standards enumerated for the CommercIal-One zone dlstnct m SectIon ::'6-~2(F) of the \Vheat RIdge Code of Laws, The parkmg reqUIrement for any use pem11tted eIther as a pnnClpal perrmtted use or a specIal use shall be satIsfied by the parkmg provided m the Park-:-';- RIde faCIlity and no addltlonal parkmg spaces shall be reqUlred. P' .l,~:\l\;(J l ,),SEse:: rt...L-:OI1t1l!!uses.wpJ R TD Lomn~ L ses '.\'~-%-l- Page -: 1