HomeMy WebLinkAboutOrdinance-1989-0798INTRODUCED BY COUNCIL MEMBER KELLER
ORDINANCE N0. 798
Series of 1989
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESIDENTIAL-TWO TO COMMERCIAL-ONE ON LAND LOCATED AT
4298 KIPLING, 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 Glen Daughenbaugh for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-89-5 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 hearing before the
Wheat Ridge City Council, Wheat Ridge maps are hereby amended to
exclude from the Residential-Two District and to include in the
Commercial-One District, the following described land:
A parcel of land in the Southwest one-quarter of Section 22,
Township 3 South, Range 69 West of the 6th Principal Meridian,
City of Wheat Ridge, County of Jefferson, State of Colorado more
particularly described as follows:
Commencing at the Northwest corner of the Northwest one-quarter
of the Southwest one-quarter (NW 1/4, SW 1/4) of said Section 22;
thence South along the West line of Northwest one-quarter of the
Southwest one-quarter of said Section 22, a distance of 58.00
feet; thence Easterly N89043'33"E a distance of 45.00 feet to the
east right-of-way line of Kipling Street (Colorado State Highway
No. 391) as described in Book 2114 at Page 469 in the Jefferson
County Records, said point also being the Southwest corner of a
right-of-way dedication by Reed Subdivision, said point being the
True Point of Beginning;
Thence continuing Easterly N89043'33"E and along the South line
and South extended of said Reed Subdivision a distance of 388.62
feet to Northwest corner of property described in Reception
Number 84054155 in the Jefferson County records; thence Southerly
S00008'44"E along the West line of said property a distance of
172.07 feet to a point on the north line of property described in
Book 240 at Page 567 in the Jefferson County records; thence
Westerly N80047'17"W along the said north line a distance 393.58
feet to the Easterly right-of-way line of said Kipling Street;
thence Northerly N00017'35"W along the said Easterly right-of-way
line a distance of 107.20 feet to the True Point of Beginning.
The above described tract of land contains 54,242 square feet
(1.245 acres), more or less.
ORDINANCE NO. 798
Series of 1989
Section 2. Conditions.
A. All C-1 uses be allowed except the following:
Page 2
1. No auto body, painting or mechanical repair be allowed;
2. No outside storage be allowed;
3. No car washes be allowed; and
4. No sales or rental lots for automobiles, trucks, boats,
recreational vehicles, trailers or motorcycles shall be
allowed.
B. A plat with all appropriate dedications be submitted for
review by Planning Commission and City Council.
C. A site plan meeting both the specific and general goals of
the Kipling Activity Center be reviewed by Planning
Commission and City Council prior to any new building
construction or use of the property.
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 adjusted 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 5
to 0 on this 22nd day of May, 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
ORDINANCE NO. 798
Series of 1989
Page 3
set for June 12 , 1989, at 7:30 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 12th day of June , 1989.
/yIl
WANDA SANG, CITY CL MK
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY
ATTORN
S, - CI
lst Publication: May 25, 1989
2nd Publication: June 15, 1989
Wheat Ridge Sentinel
Effective Date: June 30, 1989
pc/ord/wz895