HomeMy WebLinkAboutOrdinance-1989-0785INTRODUCED BY COUNCILMEMBER TBBjEo_
ORDINANCE NO. 785
Series of 1989
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
COMMERCIAL-ONE AND RESIDENTIAL-ONE TO COMMERCIAL-ONE ON LAND
LOCATED AT 3805 KIPLING STREET, 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 Amoco Oil Company for approval of rezoning
in Wheat Ridge, Colorado, Case No. WZ-89-1, and based upon recommendation
for approval, with conditions, from the Wheat Ridge Planning Commission,
and pursuant to findings made based on testimony and evidence presented at
public hearings before the Wheat Ridge City Council, Wheat Ridge maps are
hereby amended to exclude from the Commercial-One and Residential-One
Districts and to include in the Commercial-One District, the following
described land:
A portion of those parcels of land described in Book 2024 at Page
347, in Book 1339 at Page 199, and at Reception No. 86016132,
Jefferson County Records, and located in the southeast one-
quarter of Section 21, Township 3 South, Range 69 West of the
Sixth Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, more particularly described as follows:
Commencing at the southeast corner of said southeast one-quarter;
thence S89058'46"W along the south line of said southeast one-quarter,
a distance of 45.00 feet; thence N00041'14"E, parallel with and 45.00
feet west of the east line of said southeast one-quarter, a distance
of 30.00 feet to the point of beginning on the north right-of-way line
of West 38th Avenue; Thence S89058146"W along said north right-of-way
line, a distance of 140.01 feet to the southwest corner of said parcel
of land as described in Book 2024 at Page 347; Thence continuing
S89058'46"W along said north line, a distance of 20.00 feet; Thence
N00041114"E parallel with the west line of said parcel, a distance of
215.01 feet; Thence N89058146"E parallel with the north line of said
Parcel, a distance of 160.01 feet to the west right-of-way line of
Kipling Street, being parallel with and 45.00 feet west of said east
line of the southeast one-quarter; Thence S00041'14"W along said west
right-of-way line, a distance of 40.00 feet to a point on the north
line of said parcel; Thence continuing S00041'14"W along said west
right-of-way line, a distance of 175.01 feet to the point of
beginning; containing 34,402 square feet or 0.7898 acres, more or
less.
Section 2. Conditions.
Upon redevelopment, the billboard on the northern portion of the
property be removed in accordance with Chapter 19A-16.03 of the Wheat
Ridge Code of Laws. The City Council further excludes the authority
ORDINANCE NO. 785
Page 2
of the Board of Adjustment to grant a variance for this billboard to
be relocated in the B-1 "billboard" district.
Section 3. Vested Property Rights. Approval of this rezoning does not
create a vested property right. Vested 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.
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 ready by a vote of 7 to 0 on
this 13 day of March , 1989, 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 April 10, , 1989,
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 10th day of April , 1989.
SIGNED by the Mayor on this 11th day of April , 1989.
Wanda Sang, City Clerk
1st Publication: March
2nd Publication: April
Wheat Ridge Sentinel
Effective Date: April
16, 1989
13, 1989
28, 1989
DAN WILDE, MAYOR
APPROVED AS TO FORM BY/CITY ATTORNEY
JOHN'HAY , CITY AT TO EY