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O-2005-34
AN ORDINANCE
TO REZONE LAND LOCATED AT 7200 WEST COLFAX AVENUE, CITY OF LAKEWOOD, COLORADO.
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado that:
SECTION 1. Upon application of James Spitzer, The Home Depot USA, in Lakewood Zoning Case No. RZ-05-006 and upon a recommendation of approval from the Lakewood Planning Commission, Lakewood Zoning Maps are hereby amended to include in the PD (Planned Development) zoning district, in order to build a new Home Depot Store with a Garden Center, and to exclude from the 5-C, COZ (Large Lot Commercial District, Colfax Overlay Zone), 2-C, COZ (Neighborhood Commercial District, Colfax Overlay Zone), OF, COZ (Office District, Colfax Overlay Zone) and 4-R (Medium Density Attached Residential District) zone districts the property described in Exhibit "A" attached hereto, and made a part thereof.
SECTION 2. The Official Development Plan, Henry Official Development Plan of the above-referenced land, which was recommended for APPROVAL by the Lakewood Planning Commission on September 7, 2005, is approved and accepted subject to minor revisions that may be required to conform to current City of Lakewood regulations and completion as required in the stipulations which are a part of said Official Development Plan.
SECTION 3. The Mayor and Clerk of this City are hereby authorized and directed
to certify the within and foregoing approval and acceptance upon said Official
Development Plan. The Clerk of this City is hereby authorized and directed to
file said Official Development Plan with the Clerk and Recorder of Jefferson
County, Colorado, together with a certified copy of this ordinance attached
thereto, pursuant to the effective date thereof.
SECTION 4. This ordinance shall take effect forty-five (45) days after final
publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of September, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 15th day of September, 2005; set for public hearing on the 26th day of September, 2005; read, finally passed and adopted by the City Council on the 26th day of September, 2005; and signed and approved by the Mayor on the 27th day of September, 2005.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
Approved as to form:
City Attorney
Legal Description
A parcel of land being a portion of Block 48, and vacated alley therein, all
of Block 49, and vacated alley therein, a portion of Block 56, and vacated alley
therein, PLAT OF LAKEWOOD (LAKEWOOD), the plat of which is recorded in Plat
Book 2, at Pages 14 and 15, of the records of the Jefferson County Clerk and
Recorder, together with vacated Upham Street and Vacated Teller Street, further
lying in the Northeast One-Quarter (NE¼) of Section 2, Township 4 South,
Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson,
State of Colorado, being more particularly described as follows:
Commencing at the Northeast corner of said NE¼; thence S 89°20'31"
W along the North line of said NE¼ (assumed bearing all other bearings
hereafter related thereto), a distance of 1,211.82 feet; thence S 00°39'29"
E, a distance of 40.00 feet, more or less, to a point on the South right-of-way
line of West Colfax Avenue, said point being in common with the Northwest corner
of Lot 2, Block 48, LAKEWOOD, BLOCK 48 FILING NO. 2, the plat of which is recorded
in Plat Book 167, Pages 57 and 58, of said records, said point also being the
True Point of Beginning; thence along the westerly line of said Lot 2 the following
four (4) courses:
1. S 00°39'29" E, a distance of 359.07 feet;
2. thence N 89°17'28" E, a distance of 61.74 feet;
3. thence S 00°36'36" E, a distance of 60.00 feet;
4. thence N 89°17'01" E, a distance of 132.82 feet, more or less, to
a point on the West right-of-way line of Saulsbury Street as shown and platted
on said LAKEWOOD; thence S 00°36'36" E along said West right-of-way
line and along the East line of said Block 48 and said East line extended southerly,
a distance of 185.02 feet, more or less, to the Southeast corner of that tract
of land vacating the North 5-feet of West 14th Avenue as described in Book 344,
at Page 535, of said records; thence S 89°17'28" W along the South
line of said tract, said South line also being in common with the North right-of-way
line of West 14th Avenue, a distance of 285.63 feet, more or less, to the Southwest
corner of said tract; thence N 00°36'36" W along the West line of said
tract, a distance of 5.00 feet, more or less, to the easterly extended South
line of said Block 49; thence S 89°17'28" W along said easterly extended
South line and the South lines of said Block 49, and Block 56, said South lines
being in common with the North right-of-way line of West 14th Avenue, a distance
of 501.28 feet, more or less, to the Southeast corner of CARRILLO SUBDIVISION,
the plat of which is recorded in Plat Book 57, at Page 17, of said records;
thence along the East and North line of said CARRILLO SUBDIVISION the following
four (4) courses:
1. N 00°36'36" W, a distance of 337.95 feet;
2. thence S 89°20'31" W, a distance of 0.20 feet;
3. thence N 00°36'36" W, a distance of 36.68 feet;
4. thence S 89°20'31" W a distance of 149.80 feet, more or less, to
a point lying on the East right-of-way line of Vance Street as shown and platted
on said LAKEWOOD, said point being in common with the Northwest corner of said
CARRILLO SUBDIVISION; thence N 00°36'36" W along said East right-of-way
line, said last right-of-way line being in common with the West line of said
Block 56, a distance of 224.97 feet, more or less, to the Northwest corner of
said Block 56, said Northwest corner lying on the South right-of-way line of
West Colfax Avenue; thence N 89°20'31" E along said last South right-of-way
line, a distance of 742.06 feet, more or less, to the True Point of Beginning,
said parcel containing an area of 9.846 acres, more or less.
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