HomeMy WebLinkAboutOrdinance-1989-0806INTRODUCED BY COUNCIL MEMBER DAVIS
ORDINANCE NO. 806
Series of 1989
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESIDENTIAL-TWO AND RESTRICTED-COMMERCIAL TO COMMERCIAL-
ONE ON LAND LOCATED AT 4320 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 E. J. Iacovetta for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-89-7 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 Restricted-
Commercial Districts and to include in the Commercial-One
District, the following described land:
A portion of the Southwest Quarter Northwest Quarter of
Section 22, Township 3 South, Range 69 West of the 6th P.M.,
described as follows:
Beginning 30 feet East and 161 feet North of the
Southwest corner of Southwest Quarter of Northwest Quarter,
(SW1/4 NW1/4) Section 22, thence North 75 feet; thence East 305
feet; thence South 75 feet; thence West 305 feet to beginning,
except a strip of land 10 feet wide and 75 feet in length on the
east side of the county road, also except that portion conveyed
to Department of Highways in Book 2113 at Page 1, Jefferson
County, Colorado.
Section 2: Conditions.
A. All semi-trailers removed from the premises, unless a
Temporary Use Permit is obtained from the Board of
Adjustment.
B. No equipment be added that is not allowed.
C.
The
storage
area
be completely
screened from view.
D.
All
C-1 uses
be
allowed except
the following:
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 motor-
cycles shall be allowed.
E. A plat with all appropriate dedications be submitted
for review by Planning Commission and City Council.
F. 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 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 south 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 8 to 0 on this 14th day of August 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 September 11 , 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 6 to 2 this 11th day of September
1989.
SIGNED by the Mayor on this 12th day of September 1989,
DAN WILDE, MAYOR
Wanda Sang, City Cle
APPROVED AS TOIFOEM BY CITY ATTORNEY
JOHN HAYES, CITY ATTOIj E
i
1st Publication: August 17, 1989
2nd Publication: September 14, 1989
Wheat Ridge Sentinel
Effective Date: September 29, 1989
(ord/WZ897.mr)