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HomeMy WebLinkAboutOrdinance-2005-1349 i'IMi!li:llil'llililiiillilil::i"iiil,I!::lilil'lliilli 2005056949 - 07/29/2005 08:53:09 Jefferson County, INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 11-2005 Ordinance No. 1349 Series of 2005 - R $16.00 !' 'LO.CO ORD AM 3 Pagels) CoLorado { I \; AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-I, AGRICULTURE-ONE AND C-l, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 P ARFET STREET (CASE NO. WZ-05-05) , I .... . j) ill J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT Section 1. Upon application by Michael G Pharo Associates for Bear Land Holdmgs, approval of a zone change from A-I, Agriculture-One and C-l, Commercial-One to Planned CommercIal Development and for approval of an Outline Development Plan for property located at 4900 and 4990 Parfet Street and pursuant to the findings made based on testImony and evidence presented at a public heanng before the Wheat Ridge City CouncIl, a zone change and Outlme Development Plan are approved for the foIlowmg descnbed land: PARCEL A, A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16, THENCE NORTH 00001 '12" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,44801 FEET TO A POINT ON THE SOUTHERLY BOtTNDARY LINE OF THE DENVER AND NORTHWESTERN RAILROAD COMPANY RIGHT-OF- WAY AS RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY, SAID POINT BEING THE POINT OF BEGINNING~ THENCE SOUTH 74007'34" WEST ALONG SAID RIGHT- OF-WA Y, 549.56 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF PARFET STREET AS RECORDED IN BOOK 155 AT PAGE 424 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY, THENCE NORTH 00004'24" WEST ALONG SAID EASTERLY RIGHT-OF-WAY, 96 86 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID DENVER AND NORTHWESTERN RAILROAD COMPANY RIGHT-OF-WAY, THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY OF PARFET STREET NORTH 00006'56" WEST, 63378 FEET TO A POINT BEING 247.50 FEET SOUTHERL Y OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, THENCE NORTH 89043'46" EAST, PARALLEL WITH AND 247.50 FEET DISTANT WHEN MEASURED AT RIGHT ANGLES TO SAID NORTH LINE, 530.21 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, THENCE SOUTH 00001 '12" WEST ALONG SAID EAST LINE, 582.83 FEET TO /) THE POINT OF BEGINNING, COUNTY OF JEFFERSON, ST ATE OF COLORADO ,I- PARCEL B THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIP AL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 528 FEET, MORE OR LESS, TO THE EAST LINE OF PARFET STREET, THENCE SOUTH, ALONG THE EAST LINE OF PARFET STREET, 24750 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 528 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE NORTH, ALONG SAID EAST LINE, 247.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION DESCRIBED IN BOOK 1329 AT PAGE 127 OF THE JEFFERSON COUNTY RECORDS, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change and 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. Safety Clause. The Clty'ofWheat Ridge 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 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. 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 Junsdlction Invalid, such Judgment shall not affect application to other persons or circumstances. Section 5. SupersessIOn Clause. If any proVision, reqUirements or standard established by thiS Ordlllance 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 2 eXistence as of the date of adoptIOn of thIs Ordinance. the provIsIOns, requirements and standards here shall supersede and prevaIl Section 6 . ThIS Ordlllance shaIl take effect 15 days after final publication. /,' ') / INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to ---.JL on thIS 2th day of June, 2005. ordered published in fuIl III a newspaper of general CirculatIOn m the City of Wheat Ridge and Public Heanng and conSideration on final passage set for July 25,2005, at 7'00 0 'clock p.m., III the Council Chambers. 7500 West 29th Avenue, Wheat Ridge. Colorado. READ. ADOPTED AND ORDERED PUBLISHED on second and final reading hy a vote of ---.!L to 0 , thiS 25thday of July , 2005 SIGNED hy the Mayor on thiS 26th day.of" " .' July 7' :' " ______J ,I i ,~ " " ~" '~~ , .-...c." ". . 'A TTEf;~~ .. ~-"\ ,- . .\ >. '1' , ' ' ~\' r':,'/' t>..... , ,~_ J "+--.;- PaineLa Y A.ndrr7on, City Clerk ~ " I " , -....... ~ ; \ '..) .... " APPROVED AS TO FQRM BY CrTY ATTORNEY /1 / I / / ~ / I / '//' 'r-7 Gerald Dahl I ,t publicatIon June 30, 2005 2nd publicatIOn. July 28, 2005 Wheat RIdge Transcnpt Etlective Date August 12, 2005 -'