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RECEPTION NO. F0700135 31.00
236 RECORDED IN JEFFERSON COUNTY. COLORADO
PG: 0001-00b
9/23/1998
8:57:54
INTRODUCED BY COUNCIL MEMBER
ORDINANCE NO. 829
Series of 1990
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
HOSPITAL-ONE (H-l), HOSPITAL-TWO (H-2), AND PLANNED
COMMERCIAL DEVELOPMENT (PCD) TO PLANNED HOSPITAL
DEVELOPMENT (PHD), FOR THE SEPARATELY OWNED PROPERTIES
LOCATED AT THE FOLLOWING ADDRESSES: 1) 8300 W. 38TH
AVENUE 2) 8900 W. 38TH AVENUE; 3) 5361 W. 26TH 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 the City of Wheat Ridge for
approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-90-l
and based upon 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 as follows:
Property No.1: Exclude from the Hospital-Two district, and
Planned Commercial District and include in the Planned
Hospital Development District, the Lutheran Medical Center
property located at 8300 West 38th Avenue, except all
property currently zoned Residential-One (R-l) or
Residential-Two (R-2), such entire parcel legally described
as follows:
A tract of land located in the northwest one-quarter of
Section 26, Township 3 South, Range 69 West, of the 6th
P.M., and the northeast one-quarter of Section 27, Township
3 South, Range 69 West, of the 6th P.M., Jefferson County,
Colorado, described as follows: Beginning at a point on the
line common to said Sections 26 and 27 from which the north
corner common to said Sections 26 and 27 bears NOolO'56"E a
distance of 35.00 feet, said point being the south line of
that tract of land described in Book 2577 at Page 401 of the
official records of Jefferson County, Colorado; thence
N89052'56"E parallel to the north line of said Section 26
and along the south line of that tract of land described in
said Book 2577 at Page 401 a distance of 986.03 feet to a
point on the east line of the west one-half of the east one-
half of the northwest one-quarter of the northwest one-
Ordinance No.
WZ-90-1
829
Page 2
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quarter of said Section 26; thence S0004'52"W along the east
line of the west one-half of the east one-half of the
northwest one-quarter of the northwest one-quarter of said
Section 26 a distance of 1290.82 feet to the southeast
corner of the west one-half of the east one-half of the
northwest one-quarter of the northwest one-quarter of said
Section 26; thence N89056'28"E along the north line of the
southwest one-quarter of the northwest one-quarter of said
Section 26 a distance of 269.43 feet to the northwest corner
of the east 60.00 feet of the southwest one-quarter of the
northwest one-quarter of said Section 26; thence S0002'50"W
along the west line of the east 60.00 feet of the southwest
one-quarter of the northwest one-quarter of said Section 26
a distance of 878.70 feet to a point on the north line of
the south 447.40 feet of the southwest one-quarter of the
northwest one-quarter of said Section 26; thence N90000'00"W
along the north line of the south 447.40 feet of the
southwest one-quarter of the northwest one-quarter of said
Section 26 a distance of 842.40 feet to a point which lies
417.40 feet easterly of the west line of the northwest one-
quarter of said Section 26; thence SOOlO'56"W parallel to
the west line of the northwest one-quarter of said Section
26 a distance of 417.40 feet to a point 30.00 feet northerly
of the south line of the northwest one-quarter of said
Section 26; thence N90000'00"W parallel to said south line a
distance of 208.70 feet; thence NOolO'56"E a distance of
417.40 feet; thence N90000'00"W a distance of 208.70 feet to
a point on the west line of the northwest one-quarter of
said Section 26; thence SOOlO'56"W along said west line a
distance of 417.40 feet to a point 30.00 feet northerly of
the southwest corner of the northwest one-quarter of said
Section 26; thence S89043'26"W parallel to the south line of
the northeast one-quarter of said Section 27 a distance of
200.00 feet; thence N0010'56"E parallel to the east line of
said northeast one-quarter a distance of 4l7.40 feet to a
point on the north line of the south 447.40 feet of the east
one-half of the northeast one-quarter of said Section 27;
thence S89043'26"W along the north line of the south 447.40
feet of the east one-half of the northeast one-quarter of
said Section 27 a distance of 607.65 feet to the southwest
corner of Lot 8, Lutheran Subdivision, a subdivision
recorded in the official records of Jefferson County,
Colorado; thence N0007'42"E along the west line of said
Lutheran Subdivision a distance of 833.55 feet to a point of
curvature, said point being the southwest corner of that
vacated portion of West 35th Avenue, thence continuing
NOo07'42"E along the west line of that vacated portion of
West 35th Avenue a distance of 74.91 feet to the southwest
corner of Lot 24, Longview Subdivision, a subdivision
recorded in the official records of Jefferson County,
Ordinance No.
WZ-90-1
829
Page 3 ~
Colorado; thence NOo07'42"E along the west lines of Lots 24
through l8 of said Longview Subdivision, a distance of
700.00 feet; thence N89047'55"E along the north line of said
Lot 18 a distance of 199.50 feet to the northeast corner of
said Lot 18; thence NOo07'42"E along the east line and its
northerly extension of Lot 17 of said Longview Subdivision a
distance of 123.07 feet to a point on that agreed line
described in Reception Number 86128262 of theJefferson
County records; thence easterly along said agreed line of
the following three courses and distances:
1) S80040'23"E a distance of 33.34 feet;
2) S77055'06"E a distance of 75.09 feet;
3) S730l9'13"E a distance of 79.81 feet to a point on the
west line of the east 426.80 feet of the northeast
quarter of said Section 27;
thence NOOlO'56"E along the west line of the east 426.80
feet of the northeast one-quarter of said Section 27 a
distance of 487.00 feet to a point 30.00 feet south of the
north line of said Section 27 and 426.80 feet west of the
east line of said Section 27; thence N89052'25"E parallel to
the north line of the northeast one-quarter of said Section
27 a distance of 232.99 feet to a point on the west
line of that tract of land described in said Book 2577 at
Page 401; thence SOo10'56"W parallel to the east line of
said Section 27 a distance of 5.00 feet to the southwest
corner of that tract of land described in said Book 2577 at
Page 401; thence N89052'25"E a distance of 193.80 feet to
the point of beginning, containing 94.320 acres, more or
less.
Property No.2: Exclude from the Hospital-One district and
include in the Planned Hospital Development district the
Wide Horizons property located at 8900 West 38th Avenue,
legally described as follows:
Lot 1:
A tract of land located in the northwest one-quarter of the
northeast one-quarter of Section 27, Township 3 South, Range
69 West of the 6th P.M., City of Wheat Ridge, Jefferson
County, Colorado. Described as follows: Commencing at the
northeast corner of the west one-half of the east one-half
of the northwest one-quarter of the northeast one-quarter of
said Section 27; thence SOo07'50"E along the east line of
said west one-half, a distance of 30.00 feet to the point of
beginning; thence continuing SOo07'50"E along said east line
a distance of 743.50 feet to a point on the westerly line of
that tract of land described in Book 438 at Page 214 of the
Jefferson County records; thence southerly along said
westerly line, the following two courses and distances:
Ordinance No.
WZ-90-1
829
Page 4
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1) Along a non-tangent curve to the left, whose radius is
135.00 feet, whose central angle is 35025'51" (whose cord
bears S17035'05''W a distance of 82.16 feet) for an arc
distance of 83.48 feet; 2) SOo07'50"E a distance of 270.00
feet to a point of 205.00 feet north of the south line of
the northwest one-quarter of the northeast one-quarter of
said Section 27; thence S89033'34''W parallel to said south
line a distance of 802.69 feet to a point on the west line
of the east one-half of the west one-half of the west one-
half of the northwest one-quarter of the northeast one-
quarter of said Section 27; thence NOo09'44"W along said
west line a distance of 832.57 feet to a point 290 feet
southerly of the north line of the northeast one-quarter of
said Section 27; thence N89037'28''E parallel to said north
line a distance of 165.63 feet to a point on the west line
of the east one-half of the west one-half of the northwest
one-quarter of the northeast one-quarter of said Section 27;
thence NOo09'2l"W along said west line a distance of 260.00
feet; thence N89037'28"E a distance of 662.63 feet to the
point of beginning containing 19.584 acres more or less.
Property No.3: Exclude from the Hospital-One district and
include in the Planned Hospital Development district the
Johnstone Development Center property, owned by Jefferson
County Community Center, located at 5361 West 26th Avenue,
legally described as follows:
That part of the Southeast one-quarter of Section 25,
Township 3 South, Range 69 West of the 6th P.M., described
as follows: Beginning at a point on the south line of said
Section 25, 384.00 feet west of the southeast corner of said
section; thence west along said south line 300.00 feet;
thence north at right angles 362.00 feet; thence east at
right angles 300.00 feet; thence south 362.00 feet to the
point of beginning; EXCEPT the south 30.00 feet of the above
described property lying within the right of way for West
26th Avenue, County of Jefferson, State of Colorado.
Section 2. Conditions
a. Relating to Parcel No.1, the existing Planned Building
Group - Official Development Plan recorded with the
Jefferson County Clerk and Recorder at Book 54 Page 25
shall be accepted as a combined outline and final
development plan for the purposes of use and
development, as such outline and final development plan
is required by Wheat Ridge Code, Ordinance No. 807,
Series of 1989. Any proposed development and/or use not
in conformance with such approval Official Development
Plan shall require submission of an amended plan and
review subject to the provisions of Ordinance No. 807.
This change of zone does not affect or apply to those
portions of the Lutheran Medical Center property
Ordinance No.
WZ-90-1
829
Page 5
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currently classified as Residential-One (R-I) or
Residential-Two (R-2).
b. Relating to Parcel No.2, the existing Planned Building
Group - Official Development Plan recorded with the
Jefferson County Clerk and Recorder at Book 58 Page 53
shall be accepted as a combined outline and final
development plan for the purposes of use and
development, as such outline and final development plan
is required by Wheat Ridge Ordinance No. 807, Series of
1989. Any proposed development and/or use not in
conformance with such approval Official Development Plan
shall require submission of an amended plan and review
subject to the provisions of Ordinance No. 807.
c. Relating to Parcel No.3, the existing conditions of the
parcel, as of the date of adoption of this Ordinance,
shall be accepted as in lieu of an approved Official
Development Plan. Any future development,
redevelopment, addition or substantial change of use
shall require submission of Final Development Plan and
review subject to the provisions of Ordinance No. 807 of
the Zoning Ordinance.
Section 3. Vested Propertv Rights. Approval of this rezoning
does not create a vested property right. Vested property rights
may only arise and accrue pursuant to the provisions of City of
Wheat Ridge Ordinance No. 791, Series of 1989.
Section 4. Safetv 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 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 5. Severabilitv. If any clause, sentence, paragraph, or
part of this ordinance 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect 15 days after final
publication.
Ordinance No.
WZ-90-l
829
Page 6
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to ~ on this 14th day of May , 1990,
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 June 11 , 1990, at 7:30 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~, this 11th day of June ,1990.
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WANDA SANG,
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DAN WILDE, MAYOR
APPROVED AS TO FORM BY
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JOHN,~AYES, CITY' AT
1st Publication: May 23, 1990 /
2nd Publication: June 20, 1990 '
Applewood/Wheat Ridge Transcript
Effective Date: July 5, 1990
CITY
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pc/ordwz9011/2/3