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HomeMy WebLinkAboutOrdinance-2006-1359 INTRODUCED BY COUNCIL MEMBER Council Bill No. 09-2006 Ordinance No. 1359 Series of 2006 SCHULZ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COllNTY 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 SkItzo Offshore, LLC, for approval of an amended Outline Development Plan for property zoned Planned CommerCIal Development located at 4651 Tabor Street and pursuant to the findmgs made based on testImony and evidence presented at a public hearIng before the Wheat Ridge City Council, an amended Outline Development IS approved for the following descrIbed land. THOSE PORTIONS OF LOTS 7 AND 8 LEE'S SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 2 AT PAGE 23, AND LOT 1, TABOR DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 132 AT PAGE 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE S89013'31"W ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 1323 72 FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17, THENCE SOo023'20"E ALONG THE NORTH-SOUTH CENTERLINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 977 02 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897 AT PAGE 363 OF THE JEFFERSON COUNTY, THENCE CONTINUING SOo023'20"E ALONG SAID CENTERLINE A DISTANCE OF 340.57 FEET, THENCE N89u25'28"E, A DISTANCE OF 32170 FEET, THENCE SOoo23'20"E, A DISTANCE OF 4 85 FEET, THENCE N89014' 16"E, A DISTANCE OF 26 66 FEET TO A POINT OF CURVATURE ON THE SOUTH RIGHT OF WAY OF INTERST ATE 70 AND THE TRUE POINT OF BEGINNING, THENCE ALONG SAID RIGHT OF WAY ON A NON-TANGENT CURVE TO THE LEFT HA VING A CENTRAL ANGLE OF 21038'32", A RADIUS OF 614 00 FEET AND AN ARC LENTH OF 23192 FEET WITH A CHORD BEARING OF Nl2uOl '31"E, AND A CHORD LENGTH OF 230.55 FEET, TO A POINT OF NON-TAGENCY, THENCE S89058' 18"E, A DISTANCE OF 2496 FEET, THENCE NOOo03'OO"W, A DISTANCE OF 18480 FEET, THENCE NIlo50'40"E, A DISTANCE OF 10161 FEET, THENCE N63007'46"E, A DISTANCE OF 154.50 FEET TO A POINT ALONG THE WEST RIGHT OF WAY OF TABOR STREET, THENCE ALONG SAID RIGHT OF WAY SOoo35' 50"E, A DISTANCE OF 15492 FEET, THENCE S09007'45"E, A DISTANCE OF 38772 FEET, THENCE SOoo27' 18"E, A DISTANCE OF 37.91 FEET, THENCE DEPARTING SAID RIGHT OF WA Y S89014' 16"W, A DISTANCE OF 294 96 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 108,551 SQUARE FEET (2 49 ACRES) MORE OR LESS Section 2. Vested Property RH:,:hts. Approval of this OutlIne Development Plan does not create a vested property right. Vested property nghts 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 of Wheat Ridge hereby finds, determInes, and declares that thIS ordinance is promulgated under the general polIce powcr 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 determInes that the ordinance bears a ratlOnal relation to the proper legIslatIve object sought to be attallled. Section 4. SeverabIlIty. If any clause, sentence, paragraph, or part of this Zoning 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 Clrcumstances. Section 5. SupersessIOn Clause. If any provlslOn, reqlllrements or standard establIshed by thIS Ordinance is found to conflict WIth similar provisions, reqlllrements or standards found elsewhere in the Code of Laws of the City of Wheat Rldge, whIch are In eXIstence as of the date of adoptIOn of this Ordlllance, the provisions, reljlllrements and standards here shall supersede and prevaIl Section 6 . This Ordinance shall take effect 15 days after final publication INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to o on this 24th day of Apnl, 2006, ordered publIshcd In full in a newspaper of general circulatlOn In the CIty of Wheat Ridge and PublIc Heanng and consIderatIOn on final passage set for May 8, 2006, at 700 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 8 to 0 ,thlS 8th day of May ,2006 SIGNED by the Mayor on this 9th day of May ,2006 , /1 /' 11 , , t /(' / i I"! {'/, .' '..... \.~ Y" l 1 ,t puhlication April 27, 2006 2Ild publIcatIOn May 11, 2006 Wheat RIdge Transcnpt Effective Date May 26, 2006 A@~~O~EY GERAL DAHL, CITY ATTORNEY J