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HomeMy WebLinkAboutOrdinance-1990-0819 INTRODUCED BY COUNCIL MEMBER DAVIS ORDINANCE NO. 819 Series of 1989 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED-COMMERCIAL TO COMMERCIAL-ONE ON LAND LOCATED AT 10601 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF ~EFF~RSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT; Section 1: Upon application by Lauren E. and J. Elaine Aldrich for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ- 89-8 and based upon a recommendation for approval, with conditions, from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a 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: That part of the SW 1/4 of the NE l/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: COMMENCING at the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 21; thence East 338 feet along the North line of said SW 1/4 of the NE 1/4; thence South 408.11 feet parallel with the West line of said SW 1/4 of the NE 1/4 to the POINT OF BEGINNING: thence South 275 feet parallel with the West line of said SW 1/4 of the NE 1/4 to the North line of West 44th Avenue; thence East 150 feet along the North line of said West 44th Avenue; thence North 275 feet parallel with the west line of said SW 1/4 of the NE 1/4; thence West 150 feet parallel with the North line of said West 44th Avenue to the POINT OF BEGINNING. Section 2. Conditions. 1. Four street trees be planted; 2. The parking lot be striped; 3. All C-l uses be allowed except the fol10wing: A. No outside storage be allowed; 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. Safetv Clause. The City CouIlcil hereby finds, determines, and declares trldt 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 Ordinance No. 819 Page 2 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 final publication. days after INTRODUCED, READ, AND ADOPTED on first ready by a vote of 8 to ~ on this 11th day of December , 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 January 22 ,1990, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 1/22/90 Continued to February 12, 1990. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1, this 12th day of February 1990. SIGNED by the Mayor on this 13th day of February, 1999. ~~ DAN WILDE, MAYOR --j - ---- APPROVED AS ~ FQRM,,~ CITY ATTORNEY ( ~', J~ H~YES, -CI'l)~TORNEY- 1st Publication: December 14, 1989 2nd Publication: February 15, 1990 Wheat Ridge Sentinel Effective Date: March 2, 1990 pcjordjwz898