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HomeMy WebLinkAboutOrdinance-2005-1345 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07 Ordinance No. ~5 Series of 2005 STITES TITLE: AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTIES LOCATED GENERALLY WEST OF 1- 70, SOUTH OF HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. {~ ~D 'd-\' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO. THAT Section 1. Upon applicatIOn by Cabela's and Coors Brewing Company. approval of establIshment of zonmg m Wheat Ridge. Colorado. Case No WZ-05-0 I. for propertlcs located generally west ofI-70. south of Highway 58 and north of West 32"u Avenuc and based on a recommendation of approval from the Wheat Ridge Plannmg CommiSSIon and pursuant to the findmgs made based on testImony and eVidence prescntcd at a public hearing before the Wheat Ridge City CounCIL Wheat Ridge maps are hereby amended to I11clude m the Planned Commercial District zone district the followmg describcd 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 ONl- ()UARTER QUARTER OF SECTION 30, BEING IN TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF JEFFERSON. STArt. OF CULORADO. DESCRIBED AS FOLLOWS BEGINNING AT THE 'SOUTHEAST CORNER OF THE SAID NORTHEAST ONE. ()UARTER or THl NORTHEAST ONE-QUARTER OF SECTION 30. WHENCE THf EAST ONE-QUARTER CORNER OF SAID SECTION 30 LIES SO I 001 '50"E ALONG THE EAST LINE OF THE 'SAID NORTHEA'ST ONE-QUARTER OF SECTION 30.132079 I'LL! THENCE S890I0'02"W ALONG THE SOUTH LINE OF THE SAID NORTHEAST ONE- ()IIARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 30,1315.31 FEET TU THl WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHEAST ONF- ()UARTER. TIIENCE NOoo55'47"W ALONG SAID WEST LINE. 1320.36 FEET TO THE SOUTIIWE')T CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER m "lCTION 19. THENCE N00007'30"W ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE "OUTHEAST ONE-QUARTER. 913 46 FEET TO THE SOUTHWEST L1Nl Or THA T 80' WIDE DENVER WATER BOARD EASEMENT RECORDED AT RECEPTION #92130445 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE. THENCE S89007'31 "W 5762 FEET TO A NON-TANGENT CURVE CONCAVE "OIITHWESTERL Y HA VING A RADIUS OF 791 19; 111111111111111111111111111111111111111111111111111111111111 ~ ~ ~ ~ 0 g 0 2005024147 ORD OS/27/2005 09:12:02 AM 4 Page(s) Jefferson County, CoLorado - - THENCE THROUGH A CENTRAL ANGLE OF 15021 '56", NORTHWESTERLY ALONCJ THE ARC OF SAID CURVE 21218 FEET, SAID CURVE HAVING A CHORD OF 21155 FEET WIIICH BEARS N50055'48"W TO A NON-TANGENT CURVE CONCA VE ~OUTHWESTERL Y HAVING A RADIUS OF 152961 FEET, THENCE THROUGH A CENTRAL ANGLE OF 12049'33", WESTERLY ALONG THE ARC OF ,)AID CURVE 342 40 FEET, SAID CURVE HAVING A CHORD OF 34\ 69 FEET WIIICH BEAR5 N75038'51 "W TO A POINT OF COMPOUND CURVATURE OF A CURVF CONCA VE SOUTHERLY HAVING A RADIUS OF 1022.23 FEET, THENCE THROUGH A CENTRAL ANGLE OF 10005'16", WESTERLY ALONG THE ARC OF '>AID CURVE 17998 FEET TO THE POINT OF TANGENCY, THENCE S87051 '06"W, 175 73 FEET, THENCE NOO"23' 12"W, 174.56 FEET TO THE ')OUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19; THENCE S89007'3I "W ALONG SAID SOUTH LINE, 41063 FEET TO THE SOUTHWFST CORNER OF THE SAID NORTH ONE-HALF, THENCE NOo023'12"W ALONG THE WEST LINE OF THE SAID NORTH ONE-HAU, 17161 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY IIA VING A RADIU5 OF 505 40; THENCE THROUGH A CENTRAL ANGLE OF 53002'20", NORTHEASTERLY ALONG THE ARC OF SAID CURVE 46785 FEET, 5AID CURVE HAVING A CHORD OF 451.32 FEET WHICH BEARS N280I3'09"E TO THE POINT OF TANGENCY, THENCE NOI 041'59"E, 141.51 FEET THE SOUTH RIGHT-OF-WAY LINE OF STATb, HIGHWAY 58 AS DE~CRIBED IN THAT DOCUMENT RECORDED IN DEED BOOK 2177. PAGE 367 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE. THENCE N8700 I '30"E ALONG SAID SOUTH RIGIIT-OF-W A Y LINE, 2426 47 FEET TO THE WEST LINE OF SAID SOUTHWEST ONE.QUARTER OF SECTION 20; THENCE SOoo08' II "W, ALONG SAID WEST LINE, 79640 FEET TO THE <;OUTHEAST (ORNER OF THE SAID NORTII ONE-HALF, OF THE SOl ITHEAST ONI:-QUARTER OF ~LCnON 19, TIIENCE 589007'31 "W, ALONG THE SOUTH LINE OF SAID NORTH ONL-HALF. 131903 FEFT TO THE NORTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER, OF THE ~OUTHEAST ONE-QUARTER OF SECTION 19; THENCE SOoo07'30"[, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 382.28 FEET TO THE NORTH LINE OF THAT PARe FL DE~CRIBED IN THAT DOCUMENT RECORDED AT BOOK 1992, PAGI. 752 IN '>AID OFFICE, THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING 3 COURSES \) N89052'30"E, 425 00 FEET, 2) N64"57'30"E, 177 70 FEET, 3) 5>89039'40"E, 731.27 FEET TO THE WEST LINE OF THE SAID 50UTHWEST ONE-()UARTER OF SECTION 20; THENCE NOoo08'11 "E ALONG SAID WEST LINE, 7 56 FEET TO TilE NORTH LINE OF TilE "OUTH 3/4 OF LOTS 21 THROUGH 24, ROXBURY GARDENS, DE<,CRIBLD IN THAT DOCUMENT A5 RECORDED AT RECEPTION #09337790 IN SAID OFFill' rHfNCE N89001'07"E ALONG "AID NORTH LINE, 990 43 FEET TO TI IE WEST RIGHT. m.WA Y LINE OF INTER5TATE 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 !-OLLOWING FOUR COURSE~ I) SOO"41 '53 "E, 1005 12 FEET TO THE SOUTH LINE OF SAID SECTION 20; :r 2) SOoo45'49"E, 1321 80 FEET TO THE SOUTH LINE OF THb NORTHWEST ONE- QUARTER OF THE SAID NORTHWEST ONE-QUARTER or SECTION 29: 3) <'00"43'42"E, 24\ 50 FEFT, 4) S06c23'48"W, 82.23 FEET TO THE ~OlITH LINE OF LOT 16, SAm ROXBUR) GARDEN~, THENCE S89024'S2"W ALONG SAID SOUTH LINE, 986 91 FEET TO THE WEST LINE OF 'J-.. ~AID LOT 16, BEING THE SAID EAST LINE OF THE NORTHEAST ONI::.QUARTER OF j ~ECTION 30' THENCE NO I 00 I'SOW ALONG SAID EAST LINE, 323 40 FEET TO THE POINT OF BEGINNING, CONTAINING 178.217 ACRES, MORE OR LESS Section 2. Vestcd Property Rights. Approval of this rezonmg does not create a vcsted 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. Safcty Clause. The City Council hereby finds, determines, and declarcs that thiS ordinance IS promulgated under the general pollee power of the CIty of Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the publIc and that t11lS ordmance IS necessary for the preservation of health and safety and for the protectIon of public convemence and welfare The CIty Councll further determines that the ordmance bears a ratIOnal relation to the proper legIslative obJect sought to be atta111ed. 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 JUrisdiction invalId, such Judgment shall not atlect applIcatIOn to other persons or cIrcumstances. Section 5. SupersessIOn Clause. If any provision, reqUirement or standard established by thiS Ordmance IS found to cont1lct With slmllar provisions, requirements or standards found elsewhere 111 thc Code of Laws of the CIty of Wheat RIdge, whIch are 111 e:-'Istence as of the date of adoptIOn of thIS Ord111ance, the proVISIOns. reljuJremcnts and standards herem shall supersedc and prevail Section 6. ThiS Ordinance shall take effect Immediately upon adoptIOn. INTRODUCED, READ, AND ADOPTED on tirst readmg by a votc of~ to ~ on thIS 25th day of April, 2005, ordered publIshed m full in a newspapcr of general circulatIOn m thc City of Wheat Ridge and Public Hearing and consideration on final passage set for May 23rd 2005, at 700 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 23rd day of May, 2005 SIGNED by the Mayor on thls..2.4..th day o~L:j1;~T /- (:/; HEN CERVENY, ~EST ....,'. ,~..f- < Gl~'~ ~ -- )an1~la '( p;,nqersvJ]., Cit) Clerk ATTORNEY - "~-, ~ - ' -~ 1 st PublicatIon. April 28, 2005 2nd PublicatIOn May 26, 2005 \Vheat Ridge Transcnpt EffectIve Date May 23, 2005 c "platlllillg.'jlnlll~\,ml_rrll1 , 20OS- / ~ APPROVED AS TO FORM BY CITY ~ ~/l ,v "JljJ( i, ,V GERALD DAHL, CITY ATTORNEY