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HomeMy WebLinkAboutOrdinance-1988-0747INTRODUCED BY COUNCILMEMBER DAVIS Ordinance No. 74 7 Series of 19f- TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-THREE (R-3) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT APPROXIMATELY 3790 WADSWORTH BOULEVARD, 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 Ralph A. Brienza for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-87-15, and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings 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 Residential-Three District and to include in the Planned Commercial Development District, the following described land: A parcel of land located in the Northwest Quarter (N.W. 1/4) Northwest Quarter 9N.W. 1/4) Northeast Quarter (N.E. 1/4) Section 26, Township 3 South, Range 69 West of the Sixth Principal Meridian, all being located in the City of Wheat Ridge, County of Jefferson, State of Colorado and being more particularly described as follows: Commencing at the North Quarter (N. 1/4) Corner Section 26, Township 3 South, Range 69 West, said point being a 30 inch long aluminum pipe with a 3 1/4 inch brass cap stamped City of Wheat Ridge in a round cast iron box and recorded under Reception Number 84104804 on a Colorado Land Survey Monument Record Form; thence North 89052' 46.4" East along the north Line of the Northeast Quarter (N.E. 1/4) a distance of 40.00 feet; thence South 000 05' 22.0" East and parallel with the North-South Center line of Section 26, Township 3 South, Range 69 West a distance of 30.00 feet to the TRUE POINT OF BEGINNING; thence North 890 52' 46.4" East and parallel with the North Line of the Northeast Quarter (N.E. 1/4) Section 26, Township 3 South, Range 69 West a distance of 190.691 feet; thence South 000 09' 04.3" East a distance of 272.108 feet; thence South 890 52' 46.4" West along the South line of the parcel of land Recorded in Book 1727, Page 152 of the Jefferson County Records a distance of 185.997 feet to a point on the Easterly Rights-of-Way line of Colorado State Highway 121 also known as Wadsworth Blvd; thence North 010 08' 22.011 West along the Easterly Rights-of-Way line of Colorado State Highway 121 also known as Wadsworth Blvd. a distance of 272.151 feet to the TRUE POINT OF BEGINNING, except that portion deeded to the City of Wheat Ridge as described in Book 2226 at page 227 and recorded December 11, 1970. ORDINANCE NO. 74 7 PAGE 2 Section 2. Conditions. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Appendix A., Section 20. Right to develop shall not accrue until the Final Planned Commercial Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. 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 a. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for 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 8 to 0 on this 25th day of January , 1988, 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 February 22 , 1988, 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 7 to 1 , this 22nd day of February , 1988. SIGNED by the Mayor on this 23rd- day of February , 1988. l `vlanda Sang-, Cit~ Clerk 1st Publication: January 28, 2nd Publication: February 25, Wheat Ridge Sentinel Effective Date: March 11, DAN WILDE, MAYOR % /f APPROVED TO,PORf4 BY CI'T'Y ATTORNEY JOHN AYES,, CITY_ TO,RNEY 1988 198 1988