HomeMy WebLinkAboutOrdinance 2008-1417
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 13-2008
Ordinance No. 1417
Series of 2008
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF
CHANGE OF ZONING CONDITIONS ON PROPERTY
ZONED PLANNED COMMERCIAL DEVELOPMENT AND
FOR APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN FOR PROPERTY LOCATED AT
3700 KIPLING STREET (CASE NO. WZ-08-04/CITY OF
WHEAT RIDGE)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Upon application by Design Concepts for the City of Wheat Ridge,
approval of change of zoning conditions on property zoned Planned Commercial Development
approved pursuant to Case No. WZ-82-15 and for approval of an amended Outline Development
Plan for property located at 3700 Kipling Street and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a
change of zoning conditions and an amended Outline Development Plan are approved for the
following described land:
A PART OF THE WEST ONE HALF OF THE WEST ONE HALF OF THE
NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF
SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE
SOUTH 00012'37" E, A DISTANCE OF 180.00 FEET;
THENCE NORTH 89039'34" EAST PARALLEL WITH THE NORTH LINE OF SAID
NORTHWEST ONE QUARTER 40.00 FEET TO THE POINT OF BEGINNING, SAID
POINT BEING ON THE EAST RIGHT OF WAY LINE OF KIPLING STREET;
THENCE CONTINUING NORTH 89039'34" EAST ALONG THE AFORESAID
COURSE 140.00 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND
DESCRIBED IN BOOK 1748, PAGE 767 OF THE JEFFERSON COUNTY RECORDS;
THENCE NORTH 00012'37" WEST ALONG THE EAST LINE OF SAID BOOK 1748,
PAGE 787 AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST ONE
QUARTER 145.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
WEST 38TH AVENUE;
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THENCE ALONG THE FOLLOWING FOUR (4) COURSES ON SAID SOUTH
RIGHT OF WAY LINE OF WEST 38TH AVENUE:
(1) THENCE NORTH 89039'34" EAST 90.01 FEET;
(2) THENCE NORTH 00020'26" WEST 5.00 FEET;
(3) THENCE NORTH 89039'34" EAST 56.45 FEET;
(4) THENCE SOUTH 45016'22" EAST 14.13 FEET TO A POINT ON THE WEST
RIGHT OF WAY LINE OF JOHNSON STREET (ALSO BEING A POINT ON THE
EAST LINE OF TRACT "A" OF WESTHA VEN);
THENCE SOUTH 00012'18" EAST ALONG THE WEST RIGHT OF WAY LINE OF
JOHNSON STREET (ALSO BEING THE EAST LINE OF SAID TRACT "A") 1291.04
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST 35TH
AVENUE;
THENCE SOUTH 89034'42" WEST ALONG SAID NORTH RIGHT OF WAY LINE
OF WEST 35TH AVENUE 291.33 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF SAID KIPLING STREET;
THENCE ALONG THE FOLLOWING THREE (3) COURSES ON SAID EAST
RIGHT OF WAY LINE OF KIPLING STREET:
(1) THENCE NORTH 00012'37" WEST 214.46 FEET;
(2) THENCE SOUTH 89034'42" WEST 5.00 FEET;
(3) THENCE NORTH 00012'37" WEST 937.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 363,101 SQUARE FEET OR 8.3357 ACRES, MORE OR
LESS.
Section 2. Vested Pronertv Ril!hts. Approval ofthis change of zoning conditions and
amended Outline Development Plan 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. Safetv Clause. The City of Wheat Ridge 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
convenience 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. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereofto 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.
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Section 5. Sunersession Clause. If any provision, requirements or standard
established by this Ordinance 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
here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after fmal publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this
28th day of July, 2008, ordered published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, August
25,2008, 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 5 to 4 . this 25th day of August .2008.
SIGNED by the Mayor on this 25th day of August
,2008.
;/1 /)fj;f JJJ!
JEiTJIfULLIO, MAYOR
ATTEST:
~
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
~fJJr; .
GEltAL DAHL, CITY-ATTORNEY
151 publication: July 31, 2008
2nd publication: August 28, 2008
Wheat Ridge Transcript
Effective Date: September 12, 2008
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