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Home My WebLink AboutOrdinance-2006-1367 / - ,v v ' ,I \ ....."r / ~({p,i" \ \~,t 11111111111111111 1111111111 111111111111111111111111111111111 2006099914 INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 17-2006 08/15/2006 01 15'45 PM 4 Page(s) ORD Ordinance No. 1367 Jefferson County, Colorado Series of 2006 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY 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 Coors BreWIng Company and Cabela's, approval of an amendment to an OutlIne Development Plan In Wheat RIdge, Colorado, Case No WZ-06-03, for property located at west of 1-70, south of State Highway 58 and north of West 32nd Avenue and based on a recommendation from the Wheat RIdge Planmng CommiSSIOn and pursuant to the findlllgs made based on testImony and eVIdence presented at a publIc heanng before the Wheat RIdge CIty CounCIl, Wheat RIdge maps are hereby amended to exclude from the Planned CommercIal Development Dlstnct and to Include In the Planned CommercIal Development zone dlstnct the folloWIng described land. A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 19, THE SOUTHWEST ONE-QUARTER OF SECTION 20, THE NORTHWEST ONE-QUARTER OF SECTION 29, AND THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST COR.~ER OF THE SAID NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 30 LIES SOloOI'50"E ALONG THE EAST LINE OF THE SAID NORTHEAST ONE-QUARTER OF SECTION 30, 132079 FEET, THENCE S89010'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30, 1315.31 FEET TO THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, THENCE NOoo55'47"W ALONG SAID WEST LINE, 1320.36 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 19; THENCE NOoo07'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 913 46 FEET TO THE SOUTHWEST LINE OF THAT 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, R $2100 D $0,00 v~ THENCE S89007'31"W, 57 62 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 791 19; THENCE THROUGH A CENTRAL ANGLE OF 15021'56", NORTHWESTERLY ALONG THE ARC OF SAID CURVE 21218 FEET, SAID CURVE HAVING A CHORD OF 211.55 FEET WHICH BEARS N50055'48"W TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADillS OF 152961 FEET, THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF SAID CURVE 342.40 FEET, SAID CURVE HAVING A CHORD OF 341 69 FEET WHICH BEARS N75038'51"W TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERL Y HAVING A RADIUS OF 1022.23 FEET, THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF SAID CURVE 17998 FEET TO THE POINT OF TANGENCY, THENCE S87051 '06"W, 175 73 FEET, THENCE NOo023'12"W, 174.56 FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19: THENCE S89007'31 "W ALONG SAID SOUTH LINE, 410 63 FEET ro THE SOUTHWEST CORNER OF THE SAID NORTH ONE-HALF, THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HALF, 171 61 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADillS OF 505 40; THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE 467 85 FEET, SAID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N28013'09"E TO THE POINT OF TANGENCY, THENCE NOI041'59"E, 141.51 FEET THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN DEED BOOK 2177, PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, THENCE N87001'30"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 242647 FEET TO THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 20; THENCE SOoo08'11 "W, ALONG SAID WEST LINE, 79640 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH ONE-HALF, OF THE SOUTHEAST ONE-QUARTER OF SECTION 19: THENCE S89007'31 "W, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 131903 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF SECTION 19; THENCE SOoo07'30"E, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 382.28 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED iN THAT DOCUMENT RECORDED AT BOOK 1992, PAGE 7521N SAID OFFICE, THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES 1) N89052'30"E, 425 00 FEET, 2) N64057'30"E, 177 70 FEET, 3) S89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID SOUTHWEST ONE-QUARTER OF SECTION 20; THENCE NOoo08'11 "E ALONG SAID WEST LINE, 7.56 FEET TO THE NORTH LINE OF THE SOUTH 3/4 OF LOTS 21 THROUGH 24, ROXBURY GARDENS, DESCRIBED IN THAT DOCUMENT AS RECORDED AT RECEPTION #09337790 IN SAID OFFICE, THENCE N89001'07"E ALONG SAID NORTH LINE, 990 43 FEET TO THE WEST RIGHT- OF-WAY LINE OF INTERSTATE 70 AS RECORDED IN THOSE DOCUMENTS RECORDED AT BOOK 1855, PAGE 425 AND BOOK 1952, PAGE 286, THENCE ALONG SAID WEST RIGHT -OF -WAY LINE THE FOLLOWING FOUR COURSES :y 1) SOo04l'53"E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20; 2) SOo045'49"E, 1321 80 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER OF THE SAID NORTHWEST ONE-QUARTER OF SECTION 29; 3) SOoo43'42"E, 241.50 FEET. 4) S06023'48"W, 82.23 FEET TO THE SOUTH LINE OF LOT 16, SAID ROXBURY GARDENS, THENCE S89024'S2"W ALONG SAID SOUTH LINE, 986.91 FEET TO THE WEST LINE OF SAID LOT] 6, BEING THE SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 30; THENCE NO 1 00 1 'SOW ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING, CONTAINING 178.217 ACRES, MORE OR LESS ') / Section 2. Vest~d Property RIghts. Approval of thIs amended OutlIne Development Plan does not create a vested property nght. Vested property nghts may only anse 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 determines 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 Junsdlctlon mvalId, such Judgment shall not affect applIcatIon to other persons or cIrcumstances. Section 5. SupersessIOn Clause. If any prOVISIOn, reqUIrement or standard establIshed by thIS Ordmance IS found to conflIct WIth similar proVISIOns, reqUIrements or standards iound 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 6. ThiS OrdInance shall take effect 15 days after final publIcatIon. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 7 to ~ on thIS 10lh day of July, 2006, ordered published In full m a newspaper of general CIrculatIon In the CIty of Wheat RIdge and PublIc Heanng and consideratIOn on final passage set for August 14th 2006, 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 readmg by a vote of ~ to ~, thiS l~ th day of Augus ~" :"C06 SIGNED by the Mayor on thIS 15th day of August , 2006 J )). fft~1 ATTEST ., I , ~:=~~l~. L. :l: .~: C(.r..i j~j -Pamela Y I Al1'de~sor' CI~f, Clerk . -'~ ) ~i ATTORNEY . APPROVED AS TO FORM BY CITY . . ..- 1st PublIcatIOn. July 13, 2006 2nd PublIcatIOn. August 17, 2006 Wheat RIdge Transcnpt EffectIve Date: September 1, 2006 c: \p] ann i ng\forms \ord, frm ~