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RECEPTION NO. F0700141 16.00
236 RECORDED IN JEFFERSON COUNTY. COLORADO
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INTRODUCED BY COUNCIL MEMBER
ORDINANCE NO. 853
Series of 1990
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A CHANGE OF
CONDITIONS PLACED ON THE ORIGINAL REZONING TO
COMMERCIAL-ONE ON LAND LOCATED AT 4975 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 Joe J. Ingenthrone for approval
of a change in conditions placed on the original rezoning
(Ordinance 570), Case No. WZ-90-6, and based upon recommendation
for approval 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
in Case No. WZ-90-6, the original conditions are hereby amended
to read as follows:
1) The existing uses (vehicle storage, sales, rental and
retail sales of ancillary goods) shall be allowed to
continue and landscaping and street improvements shall
be allowed to be deferred provided that:
a) The owner sign a Developer's Agreement requiring
landscaping and street improvements when the City
deems it necessary; and
b) Only six (6) vehicles shall be displayed at any
one time;
2) All five parcels shall be developed as one overall
site, with design and landscaping unified and
integrated to be in character with the quality of
construction found in this area for the newer
development; and
3) Vehicular access to both Kipling Street and West 49th
Avenue shall be properly located and designed to create
the minimum impact to the traffic carrying capacity and
safety of the street system;
For the following described land:
Parcel A:
That part of the Southeast Quarter of Section 16, Township 3
South, Range 69 West of the 6th P.M. described as follows:
Commencing at the Southeast corner of said Section 16; thence
North along the East line of said Section, 946.05 feet; thence
West, 280.0 feet to the TRUE POINT OF BEGINNING, thence West,
Ordinance No. 853
Case No. WZ-90-6
Page 2
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385.35 feet; thence North, 101.35 feet more or less to the
Southerly right-of-way line of the former Denver and
Intermountain Railway; thence Northeasterly along said Southerly
line, 660.96 feet to a point 30.0 feet West of the East line of
said Section 16; thence South 183.54 feet; thence West, 250.0
feet; thence South, 100.0 feet to the TRUE POINT OF BEGINNING.
Parcel B:
That part of the Southeast Quarter of Section 16, Township 3
South, Range 69 West of the 6th P.M. described as follows:
Commencing at the Southeast corner of said Section 16; thence
North along the East line of said Section, 906.05 feet; thence
West, 280.0 feet to the TRUE POINT OF BEGINNING; thence West
125.0 feet; thence South, 107.93 feet, thence West, 260.0 feet;
thence North 147.93 feet; thence East, 385.0 feet; thence South,
40.0 feet to the TRUE POINT OF BEGINNING.
Parcel C:
That part of the Southeast Quarter of Section 16; Township 3
South, Range 69 West of the 6th P.M. described as follows:
Commencing at the Southeast corner of said Section 16; thence
North along the East line of said Section, 946.05 feet; thence
West 30.0 feet to the TRUE POINT OF BEGINNING; thence West 250.0
feet; thence North, 100.0 feet; thence East 250.0 feet; thence
South 100.0 feet to the TRUE POINT OF BEGINNING.
Parcel D:
That part of the Southeast Quarter of Section 16, Township 3
South, Range 69 West of the 6th P.M. described as follows:
Commencing at the Southeast corner of said Section 16; thence
North along the East line of said Section, 906.05 feet; thence
West 30.0 feet to the TRUE POINT OF BEGINNING, thence West 250.0
feet; thence North, 40.0 feet; thence East, 250.0 feet; thence
South 40.0 feet to the TRUE POINT OF BEGINNING.
Section 2. Vested Property Rights. Approval of this change of
conditions 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. 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.
Ordinance No. 853
Case No. WZ-90-6
Page 3
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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.
Section 5. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to ~ on this 22nd day of October 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 November 26 ,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 26th day of November, 1990.
SIGNED BY THE MAYOR this 27th day of November 1990. <
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DAN WILDE, MAYOR
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WANDA SANG, CITY
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CLERK, '
APPROVED,.--A0Q
ATTORNEY,j/ <:'
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JOHN ,HAYES, ,CiT~ATTORNEY
FORM
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BY CITY
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1st Publication: October 31, 1990
2nd Publication: December 5, 1990
ApplewoodjWheat Ridge Transcript
Effective Date: December 20, 1990