HomeMy WebLinkAboutOrdinance-1983-052411TRODUCED BY COUNCILMEMBER BURT
ORDINANCE NO. 524
Series of 1983
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED-
COMMERCIAL TO COMMERCIAL-ONE WITH CONDITIONS AT APPROXIMATELY
4075 KIPLING STREET, 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 Cong Chu and Hoa P. Chu for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-82-19, and based upon recommendation
for approval from the Wheat Ridge Planning Commission and pursuant to findings
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 District and to include in the Commercial-One District, the following
described land:
The North 138.28 feet of the E 112, E 112, SE 1/4, SE 1/4 of
Section 21, Township 3 South, Range 60 West of the 6th P.M.,
EXCEPT that portion lying within Kipling Street, AND EXCEPT
the West 10 feet of the East 40 feet as granted to the State
Department of Highways in Deed recorded in Book 2091 at Page 29.
Section 2. The permitted uses within the Commercial-One zone district
for the parcel described above are conditional as follows:
A. That the Commercial-One list of uses be conditioned to permit
only the following: All Restricted-Commercial uses plus
retail food sales and the sale of items generally associated
with retail food sales, including the sale of 3.2% beer.
B. Any change in use, other than the approved uses, or greater than 50%
change in building footprint must be reviewed by the Planning Commission
and approved by the City Council prior to application
for a building permit.
Section 3. Safety 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 4. Severability. If any clause, sentence, paragraph, or part
of this ordinance or the application thereof to any person or circumstances
shall be any reason be adjudged 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 5. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 _ to I _ on this
28th day of February , 1983, 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 March 28, 1983 , 1983, at 7:30 o'clock 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
6 to 2 , this 28th day of March , 1983.
SIGNED by the Mayor on this 30th day.of March 1983.
ATTEST:
FRANK STITES, MAYOR
/SLY c~~
Wanda Sang, ity Cle APPROUED,AS TO_}[tM BY CITY ATTORNEY:
1st Publication March 3, 1983 c
2nd Publication April 7, 1983 J01~#TV E. HAYES, CITY ATTORNEY
Wheat Ridge Sentinel ~
Effective Date, April 22, 1983