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HomeMy WebLinkAboutOrdinance-1990-0820 -> ~ RECEPTION NO. F0700136 11.00 236 RECORDED IN JEFFERSON COUNTY. COLORADO PG: 0001-002 9/23/1998 8:57:54 ~ ~~. INTRODUCED BY COUNCIL MEMBER EAFANTI ORDINANCE NO. 820 Series of 1990 \~ ~ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO RESTRICTED COMMERCIAL-ONE ON LAND LOCATED AT 9830 WEST 44TH AVENUE, 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 James and Marta Haas for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-89-9 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 Agricultural-One District and to include in the Restricted Commercial- One District the following described land: The south 126 feet of a part of the Southeast one-quarter of the Southwest one-quarter of the Northwest one-quarter of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point on the South line of the County Road known as North Golden Road (now known as West 44th Avenue) which is 440 feet West of the East line of said Southeast one-quarter of the Southwest one-quarter of the Northwest one-quarter; thence South 396 feet; thence West 124 feet; thence North 396 feet to the South line of said County Road; thence East, along said County Road, 124 feet to the point of beginning, together with one inch of water from Ouelette Ditch. Section 2. Condition. 1. A six (6) foot high solid wall or fence, and a row of evergreen trees shall be placed along the south, east and west edges of the RC-l zone to buffer adjacent residential from commercial activity; 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 ORDINANCE NO. 820 Series of 1990 PAGE 2 J- 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 publication. days after final INTRODUCED, READ, AND ADOPTED on first ready by a vote of ~ to 0 on this 8th day of January , 1990, 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 February 12 , 1990, 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 8 to 0, this 12th day of February , 1990. SIGNED by the Mayor on this 13th day of February 1990. ~ud-J DAN WILDE, MAYOR lst Publication: January 11, 1990 2nd Publication: February 15, 1990 Wheat Ridge Sentinel Effective Date: March 2, 1990 --- APPROVED ~s<ro/F6RM BY CITY ATTORNEY / ,/ ~~ /~ ~e~~ ~E;' CIT~~~~EY / pc/ord/wz899