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HomeMy WebLinkAboutOrdinance-2002-1246 RE~EPTION NO. r::' :I.,(j '.H () :'\ () ~/29/200c :30:16 PG: 001-003 PAGE FEE:- 15.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO d/ / \)# INTRODUCED BY COUNCIL MEMBER Council Bill No. 12-2002 Ordinance No. 1246 Series of 2002 1-'!;em' Py TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO AND AGRICULTURAL-ONE TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4580,4680 AND 4690 GARRISON STREET AND 9105 WEST 46TH PLACE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. j-- 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Upon applIcation by Centex Homes, approval of a rezoning In Wheat RIdge, Colorado, Case No WZ-OI-06, and based on a 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 to exclude from the Residential-Two and Agricultural-One DistrIcts and to Include in the Planned ReSIdential Development zone district the following described land, A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN (AS MONUMENTED BY A 3-1/4" BRASS CAP IN A RANGE BOX. STAMPED "CITY OF WHEAT RIDGE, LS 13212 1984), WHENCE THE NORTHEAST CORNER OF SAID SECTION 22, (AS MONUMENTED BY A 3-1/4' BRASS CAP IN A RANGE BOX STAMPED "CITY OF WHEAT RIDGE, LS 13212 1984) BEARS N 89038'34" E, A DISTANCE OF 2642.98 FEET, THENCE S 00013'22" E, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 199.94 FEET TO A POINT ON THE SOUTHERL Y LINE OF 1-70 FRONTAGE ROAD, SAID POINT BEING THE POINT, OF BEGINNING; THENCE DEPARTING SAID WEST LINE AND RUNNING ALONG SAID SOUTHERLY LINE, S 89c38'34" E, A DISTANCE OF 45500 FEET TO A POINT ON THE WEST LINE OF NORTH GREEN VALLEY SUBDIVISION, AS RECORDED IN BOOK 22, AT PAGE 37 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY. SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT I OF SAID NORTH GREEN V ALLEY SUBDIVISION, THENCE S 00013'22" E, ALONG SAID WEST LINE A DISTANCE OF 800 00 FEET TO A POINT ON THE NORTH RIGHT-OF- , WA Y LINE OF 46TH PLACE; THENCE S 89038'34" W, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 430 00 FEET TO A POINT 25 00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SIAD NORTHEAST QUARTER, THENCE N 00013'22" W, ALONG A LINE THAT IS 25 00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 395 00 FEET, THENCE DEPARTING SAID PARALLEL LINE S 89038'34" W, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, THENCE N 00013'22" W, ALONG SAID WEST LINE, A DISTANCE OF 405 00 FEET TO THE POINT OF BEGINNING, CONTAINING 354,124 SQUARE FEET (81296 ACRES) 2-- Section 2. Vested Property RIghts. Approval of this rezonIng and preliminary development plan approval does not create a vested property right. Vested property rIghts may only arIse and accrue pursuant to the proVISIons of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. 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 the preservation of health and safety and for the protection of public convemence and welfare, The City Council further determllles that the ordinance bears a rational relation to the proper legIslative object sought to be attained. Section 4. SeverabIlIty. If any clause, sentence, paragraph, or part of thIS Zomng Code 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 5. SupersessIOn Clause. If any proVIsion, requirement or standard establIshed by thIS Ordinance IS found to conf1lct 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 herein shall supersede and prevail. Section 6. ThIS ordlllance shall take effect ~ days after final publIcatIOn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this ~ day of April , 2002, ordered publIshed In full In a newspaper of general CIrculation III the City of Wheat RIdge and Public Hearing and consideration on final passage set for May 13 ,2002, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th A venue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to ~, this _U,!;Jilay of May , 2002. 3 ATTEST d YbAd (I'r .~ Wanda Sang, CIty Cler , I ,29Of ! /' ~,' SIGNED by the Mayor on thIs ~ C. <.. L l. S TO FORM BY CITY ATTORNEY I 1 st PublIcatIOn. April 18, 2002 2nd PublIcation. May 16, 2002 Wheat RIdge TranSCrIpt EffectIve Date' May 31, 2002 c. \plannlng\forms\ord. frm