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HomeMy WebLinkAboutOrdinance-2001-1234 RECEPTIDtl NO. F 1 <' ( -",:} .1.1 ~'.3l~~/(?OOl 1.3::3(~; PG: (jl)l--Iji)] PJ,.IGE FEE: 1<1I"r. [>i)C.FFE:: <! 00 RECORDED IN JEFFERSON COUNTY, COLORADD INTRODUCED BY COUNCIL MEMBER Council Bill No. 26-2001 Ordinance No. 1234 Series of 2001 ~h::l"p.r A l <I) 'i,',\ ' .I , ' ) TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESTRICTED COMMERCIAL AND COMMERCIAL-ONE TO A PLANNED COMMERCIAL DEVELOPMENT AND APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN AND PLAT FOR PROPERTY LOCATED AT 12700 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 Semper Development for Walgreens, approval of a rezonIng m Wheat RIdge, Colorado, Case No. WZ-01-05 and based on recommendatIOn for approval from the Wheat RIdge PlannIng ComnllSslon and pursuant to findmgs made based on testimony and eVIdence presented at public hearing before the Wheat Ridge City CounciL Wheat Ridge maps are hereby amended to exclude from the Restricted-Commercial and Commercial- One zone district and to include in the Planned Commercial Development zone distnct the following described land. A PART OF TRACT "A", RESUBDIVISION OF MAPLE GROVE VILLAGE, BLOCK I, TOGETHER WITH A PART OF AND ALL SITUATED IN THE SW 1/4 OF SECTION 29, T.3S., R.69W., OF THE 6Tf' P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NW CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 29; THENCE N89029'16"E ALONG THE NORTH LINE OF THE NE 1/4 OF SAID SW 1/4 A DISTANCE OF 85.23 FEET, THENCE SOoo30'44"E A DISTANCE OF 30 00 FEET TO A POINT LYING ON THE SOUTHERLY R.O W LINE OF WEST 32ND AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N89029'16"E ALONG SAID SOUTHERLY R.O W LINE A DISTANCE OF 105.50 FEET, THENCE SOoo49'23"E AND CONTINUING ALONG SAID SOUTHERLY R.O W LINE A DISTANCE OF 1000 FEET, THENCE N89029'16"E AND CONTINUING ALONG SAID SOUTHERLY R.O.W LINE A DISTANCE OF 18346 FEET; THENCE SOoo47'47"E A DISTANCE OF 438.56 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "A", THENCE S89029'16"W ALONG THE SOUTHERLY LINE OF SAID TRACT "A" A DISTANCE OF 104.45 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1 031 AT PAGE 481 OF THE JEFFERSON COUNTY, COLORADO RECORDS, THENCE NOoo49'23"W PARALLEL WITH AND 50 00 FEET EASTERLY OF THE WESTERLY LINE OF SAID TRACT "A" A DISTANCE OF 70 00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1 031 AT PAGE 481, THENCE ,']e, , . \ ' Page 2 S89029'16"W PARALLEL WITH AND 70.00 FEET NOR1JreRL Y OF THE SOUTHERL Y LINE OF SAID TRACT "A" A DISTANCE OF 50.00 FEET TO A POINT LYING ON THE WESTERLY LINE OF SAID TRACT "A", THE EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 617 AT PAGE 253 OF SAID JEFFERSON COUNTY RECORDS AND THE NORTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK I031 AT PAGE 481; THENCE NOo049'23"W ALONG THE EASTERLY LINE OF SAID TRACT "A" AND THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 617 AT PAGE 253 A DISTANCE OF 148.22 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 617 AT PAGE 253, THENCE S89029'16"W ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 617 AT PAGE 253 A DISTANCE OF 178.55 FEET TO A POINT LYING ON THE EASTERLY R.O W LINE OF YOUNGFIELD STREET, THENCE NOo049'23"W ALONG SAID EASTERLY RO.W LINE A DISTANCE OF 186 10 FEET TO A POINT OF CURVE. THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS N440 19'57"E A DISTANCE OF 62.39 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 90018'38", A RADIUS OF 4400 FEET, AN ARC LENGTH OF 69.35 FEET TO THE POINT OF BEGINNING. I '. ~ I. PARCEL CONTAINS (104,695 SQUARE FEET) 2.4035 ACRES Section 2. CondItions. Development and use of the property shall be in accordance with the recorded preliminary development plan. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. 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 4. Safety Clause. The City CounCIl hereby finds, determmes, 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 ordmance 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. 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 Junsdiction invalid, such Judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflIct With SImIlar provIsIons. requirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, whIch are in existence as of the date of adoption of thIS Ordmance, the proviSIons, reqUIrements and standards herem shall supersede and prevaIl. Section7. This ordmance shall take effect ~ days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this -.21ncPay of October , 200 I, ordered published in full in a newspaper of general CIrculatIOn m the City of Wheat Ridge and PublIc Heanng and consideration on final passage set for November 26 ,2001, 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 26th day of November ,2001 /7 /) ..../ SIGNED by the Mayor on this 27th da Y ATTEST / 'Y J _,'V'1i! ,L l.:-r_~ "<--/1.., Wanda Sang, CIty Clerk ') GERALD DAHL. CITY ATTORNEY 1st PublicatIOn. October 25, 2001 2nd PublicatIOn. November 29, 2001 Wheat RIdge Transcript EffectIve Date December 14, 2001 t;:: \plann I ng\forms\ord. frm