HomeMy WebLinkAboutOrdinance-1998-1142
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RECEPTION NO. -', 'IY::i:I. ',j (, U
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!;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
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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
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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
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RECEPTION NO. F 0 1:\ ",'j :I ') :','j ',;1
4/22/19S 4:34:50 PG: 001-007
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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")
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\\ 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
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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
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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:,
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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,
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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
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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
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