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HomeMy WebLinkAboutOrdinance-1988-0759INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 759 Series of 1988 'fi'PLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE (A-1) TO RESIDENTIAL-TWO (R-2) ON LAND LOCATED AT 4300 NEWCOMBE STREET, CITY OF WHEAT RIDGE, COUNTY Or JEFFERSON, STATE OF COLORADO. r3E IT ORDAINED BY THE CITY COUNCIL of THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon ap~li ation by Marcie Einily for approval of Rezoning in Wheat Ridge, Colorado, Case No. WZ-88-5, and based upon reconnendation for approval, with conditions, from the wheat Ridge Planning Commission, and pursuant to findings made based on testinosy an,3 evi1~nce presented at public hearin3 before the wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclud from the Agricultural-One District and to include in the Residential-Two Distiict, the following descried land: A tract of land in the East 1!2 of Section Range 69 West of the 5th P.M., described as a point 3.15 feet South and 392.2 feet East Section; thence Nortn 100 feet; thence East 100 feet; thence :lest 149 feet to the True County of Jefferson, State of Colorado. Section 2. Conditions. 21, Township 3 South, follows: Beginning at of tie center of said 149 feet; thence South Point of Beginnin,S, (1) fhe owner will dedicate 15 feet of right-of-way and execute a development agreement for the construction of Newcombe Street. (2) The owner rust apply for a building permit for the conversion of the garage into a residence. This condition is to insure that the property complies wit'ri building and zoning requirements, and a Certificate of Occupancy can oe issued. (3) The structure rust have public water and sewer. Section 3. Vested Property Rights. Approval of this Rezoning does not create a vested property right. Jested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Ordinance No. 759 Page 2 Section 14. 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 , 1938, 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 7 to 1 , this 23rd day of May , 1988• SIGNED by the Nayor on this 24th day of J 46~~- 41 anda Sang, City C k 13t Publication: May 2nd Publication: May Wheat Ridge Sentinel Effective Date: June , 1988. DAN WILDE, MAYOR APPROV 7 W'--TC~ FORM BY CITY ATTORNEY JOHN,~flAYES, CITY A~IORNEY r 5, 1988 26, 1988 10, 1988