HomeMy WebLinkAboutOrdinance-1988-0755INTROD"D BY COUNCILMEMBER
IBBISmr%
Ordinance No. 755
Series of 1988
'PITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESTRICTED-COMMERCIAL (R-C) TO COMMERCIAL-ONE (C-1) AND
APPROVAL OF A SITE PLAN FOR LAND LOCATED AT 11801 WEST 44TH
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
BE IT ORDAINED BY THE CITY COUTICIL OF THE CI'T'Y OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Heinz and Thea Siiz for approval of
Rezoning in Wheat Ridge, Colorado, Case No. WZ-88-4, and based upon
recommenJation for approval, with conditions, from the Wheat Ridge
Planning Commission, and pursuant to findings male based on
testimony anJ evi3ence 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:
Ti-iat portion of the east one-.half of Lot 10, Lee's Subdivision, a
subdivision recorded in the official records of Jefferson County in
Plat gook 2 at Page 23, City of 'wheat Ridge, Jefferson County,
Colorado, described as follows: Beginning at the southeast corner
of said Lot 19; tnence '4.())271 29"W. (Based on the assumption that
the east line of the northeast one-quarter of Section 20, Township
3 South, Range 69 Vest, of the 6th P.M., bears TJ.0031140"w.) along
the east line of said Lot 10 a distance of 48.25 feet to the
northeast corner of that tract of land described in Reception
Number 87042648 of the Jefferson County records, said point being
the True Point of Beginning; thence continuing N.9o27'29"W. along
the east line of said Lot 10 a distance of 150.65 feet to the
southeast corner of the north 132.00 feet of said Lot 10; thence
S.8(o14'24"w. along tee south line of the north 132.90 feet of said
Lot 10 a distance of 216.95 feet to a point on the east line of the
west 105.04) feet of the east one-half of said Lot 10; thence
S.0025'27"E. along the east line of tiie said west 105.00 feet a
distance of 175.61 feet to a point on the north line of that tract
of land described in said Reception Number 87042648; thence
S.39057'08"E. along the north line of said tract a distance of
188.78 feet; thence continuing along said north line N.45002'52"E.
a distance of 39.63 feet to the True Point of Beginning, containing
38,043 square feet more or less.
Section 2. Conditions.
(1) All Commercial-One uses shall be per.aitted, except for
repairing,
cleaning, or
servicing
of automobiles.
(2)
Development
shall o,~ in
accordanc
e with the approved official
Development
Plan.
(3)
The cost of
relocating
the radi:is
and catch basin will be
borne by th
e City and n
ot by the
applicant.
(4)
Any develop
ment on this
property
be restricted to three
stories in
height.
Ordinance No. 755
Page 2
Section 3. Vested Property Rights. Approval of this Rezoning and
Official Development Plan does not create a vested property right.
Vested property rights may only arise ana accrue pursuant to the
provisions of Section 26(c) of Appendix A of the Code of Laws of
the City of Wheat Ridge.
Section 4. 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 5. 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 6. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 2nd day of May , 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 May 23 , 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 _8 to 0 , this 23rd day of May , 1988.
SIGNED by the Mayor on this 24th day of May , 1988.
J~ WILDE, MA R
Wanda Sang, City rk
APP,ROVZD5' T~~FORP Y CITY ATTOR14EY
Ist Publication: May 5,
2nd Publication: June 2,
Wheat Ridge Sentinel
Effective Date: June 17,
1988
1988
1988