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Home My WebLink AboutOrdinance-1999-1176 INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. -11. Ordinance No. ~6 Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A FIRST AMENDMENT TO THE 44TH INDUSTRIAL PARK PLANNED INDUSTRIAL DEVELOPMENT (PID) OUTLINE AND FINAL DEVELOPMENT PLAN LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, PURSUANT TO SECTION 26-25(IX) OFTHE WHEAT RIDGE CODE OF LAWS (WZ-99-10). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Fmdmgs of Fact. (A) AppltcatlOn has been made to amend permitted land uses for certam property described on attached Exhibit A and m particular Lot 29/Use Area I-A of the 44th Industrial Park Planned Industnal Development Outline and Fmal Development Plan to allow typical and defined ltght mdustnal and commercial land uses, and to establtsh DIsplay Area Cntena for the industnal park, as prescribed m SectIOn 26- 25(IX) of the Wheat RIdge Code of Laws. (B) The amended Outlme and Fmal Development Plan IS consIstent With the Three Mile Plan and the Draft ComprehenSive Plan. (C) The amended Outline and Fmal Development Plan would permit commercial and ltght mdustnalland uses Similar to and With no greater Impact than those already permItted wlthm Use Area I of the eXlstmg Outlme and Final Development Plan of the 44th Industnal Park. (D) The development standards meet or exceed those of the CIty's Industnal Zone Dlstnct. (E) Approval of DIsplay Area Cntena will serve to ensure the attractIveness of the development area. Section 2. Approval. Based upon the review of the appltcatlOn matenals, staff report and presentatIOn and the above Fmdings of Fact, the Wheat Ridge City Council does hereby approve AppltcatlOn Case Number WZ-99-IO subject to any and all conditions established by City Council m accordance With the First Amended Fmal Development Plan for the 44th Industnal Park Planned Industrial Development. Section 3. Vested Property Rights. Approval of this amendment does not create a vested property right. Vested property nghts may only anse and accrue pursuant to the provISIons of SectIon 26(c)of AppendiX A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City CouncIl hereby finds, determInes, and declares that t11lS ordmance IS promulgated under the general pollee power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the publIc and that thiS ordmance IS necessary for the preservatIOn of health and safety and for the protectIOn of publIc convemence and welfare. The City Council further determines that the ordmance bears a ratIOnal relation to the proper legislatIve object sought to be attaIned. Section 5. SeverabilIty. If any clause, sentence, paragraph, or part of thiS ordmance 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 applIcatIOn to other persons or circumstances. Section 6. SupersessIOn Clause. If any prOVIsion, requirement or standard establIshed by thiS Ordmance IS found to conflict With similar proVisions, reqUIrements or standards found elsewhere In the Code of Laws of the City of Wheat Ridge, which are In eXistence as of the date of adoptIOn of thiS OrdInance, the proVISIons, requirements and standards herem shall supersede and prevail. Section 7. ThiS ordmance shall take effect 15 days after final publIcatIon. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of ~ to Q on thiS 27th day of September, 1999, ordered publIshed In full In a newspaper of general circulatIOn m the City of Wheat Ridge and PublIc Heanng and consideration on final passage set for October 25th, 1999, at 7'00 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~, thiS 25th day of October ,1999 SIGNED by the Mayor on thiS 26th day of October ,1999 15t PublicatIOn. October 1, 1999 2nd PublicatIOn. November 5, 1999 Wheat RIdge Tran5cnpt EffectIve Date' November 20, 1999 e :\p lann i ng\forms\ord. fnn EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND IN THE E1/2 OF SECTION 19 AND THE Tl'1/2 OF SECTION 20, TOWNSHlP 2 SOliTII, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN', COUNTY OF JEFFERSON, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGThWNG AT A POlt'IT ON THE SOUTHEASTERLY liNE OF lEST 44TH AVENUE, AND FROM WHENCE THE CENTER QUARTER CORNER OF SAID SECTION 19 BEARS sOOoOe'43"E A DISTANCE OF 35.18 FEET; THENCE, ALONG A CURVE TO THE LEFl' men HAS A DELTA OF Ot)l1'50", A RADIUS OF 995.00 FEET, A CHORD BEARING OF N8o-22'35"E; THENCE, ALONG AN ARC A DISTAL'lCE OF 107.57 FEEr; THENCE. N7"r16'40"E A DISTA..."fCE OF 3093.32 FEET TO A CURVE TC THE RIGHT WIDCll HAS A DELTA OF 13"'00'00", A RADIUS OF 1392.50 FEET AND A CHORD BEARING OF N83"46'40"E; THENCE, ALONG THE ARC OF SAID CURVE A DISfANCE OF 315.95 FEET; THENCE, S89"43'20"E A DIST&'!CE OF 531.46 FEET; THENCE, DEPARTING FROM SAID SOUTHEASTERLY RIGHT OF WAY OF WEST 44TH AVENUE, SOo-05'4fi"E A DISTANCE OF 119.94 FEEI'; THENCE, S64020'29"1f A DISTANCE OF 33.20 FEET; THENCE, S310U'20"W A DISTAi'iCE OF 809.82 FEET TO A POINT ON THE EAST-WEst CENTERLINE OF SAID SECTION 20; THENCE, ALONG SAID EAST-WEST CENTERLINE, S8g-G3'23"W A DISTANCE OF 971.24 FEEL TO THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG EASTERLY tiNE OF SAID SECTION 19, 800017'31"1f A DISTAI'{CE OF 275.38' FEET; THENCE, S87'"15'49lf A DISTANCE OF 2456.00 FEET; THENCE, N76"06'56"1f A DISTANCE OF 200.16 FEET, TO A POL.'IT ON THE lESTERLY LL.'iE OF SAID SECTION 19; THENCE, ALONG SAID WESTERLY UNE, NOo-08'43"W A DISTANCE OF 278.94 FEET TO THE POl:NT OF BEGINNING.