HomeMy WebLinkAboutOrdinance-1990-0839
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RECEPTION NO. F0700138 11.00 PG: 0001-002
236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1998 8:57:54
INTRODUCED BY COUNCILMEMBER DAVIS
ORDINANCE NO. 839
Series of 1990
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
COMMERCIAL-ONE AND RESIDENTIAL-TWO TO COMMERCIAL-ONE AND
FOR APPROVAL OF AN OFFICIAL DEVELOPMENT PLAN ON LAND
LOCATED AT APPROXIMATELY 9995 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 Phillips 66 Company for approval
of rezoning and an Official Development Plan in Wheat Ridge,
Colorado, Case No. WZ-90-5 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 Commercial-One and Residential-Two Districts and
to include in the Commercial-One District, the following
described land:
Commencing at the West 1/4 Corner of Section 22, T 3 S, R 69 W,
of the 6th P.M., City of Wheat Ridge, County of Jefferson, State
of Colorado; Thence N 00-09-00 E, 641.22 feet; Thence S 89-51-00
E, 60.00 feet to the True Point of Beginning; Thence N 00-09-00
E, 174.00 feet; Thence S 89-51-00 E, 200.00 feet; Thence S 00-09-
00 W, 190.00 feet; Thence N 89-51-00 W, 184.00 feet; Thence N 44-
51-00 W, 22.63 feet to the True Point of Beginning. Said parcel
contains 37,872 square feet, more or less.
Section 2. Vested Prooertv Rights. Approval of this rezone and
Final Development Plan 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 3. Safetv 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 4. 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.
Ordinance No. 839
Series of 1990
Page 2
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Section 5. 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 25th day of June 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 July 23 , 1990, 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 23rd day of July ,1990.
SIGNED BY THE MAYOR this 24th day of July, 1990.
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DAN WILDE, MAYOR
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APPROVED.~~TO FORM BY CITY
ATTORNEY/,,' ;'
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JO~,~' HAYES, . cj ATTORNEY
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1st Publication: July 4, 1990
2nd Publication: August 1, 1990
Applewood/Wheat Ridge Transcript
Effective Date: August 16, 1990
pc/ordwz905/wsp90l