HomeMy WebLinkAboutOrdinance-1994-0959
~
\\/
INTRODUCED BY COUNCIL MEMBER HALL
Council Bill No. 41 ORDINANCE NO. 959
Series of 1994
j/J
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
PLANNED COMMERCIAL DEVELOPMENT (PCD) WITH LIMITED USES TO
REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL
OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT
APPROXIMATELY 10201 WEST 43RD 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 Richard Gash for the Linda K. Gash
Trust for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-
93-7 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 show
a revised Planned Commercial Development District, for the following
described land:
Lot 1 and Tract A of the Tennis Center at Clear Creek
Final Plat, City of Wheat Ridge, County of Jefferson,
State of Colorado.
Section 2. Conditions.
1. Uses allowed on proposed Lot 1 shall be all Commercial-One uses
pursuant to Section 26-22 of the Wheat Ridge Code of Laws.
2. Uses allowed on proposed Lots 2 and 3 shall be all Commercial-One
uses pursuant to Section 26-22 of the Wheat Ridge Code of Laws,
plus the following Commercial-Two uses listed under Section 26-
23(B), Permitted Principal Uses:
(4) Auction houses, inside only.
(6) A building contractor's service shop and storage yard
incidental to an office/showroom principal use, with no
exterior mechanical equipment other than air conditioning.
(12) Government or quasi-governmental buildings and offices.
(13) Homes for the aged, nursing homes and congregate care
homes.
(15) Manufacturing and/or light industrial operations with five
horsepower limit.
RECEPTION NO. F0700155 16.00 PG: 0001-003
236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1998 8:57:54
I-
Ordinance No. 959
Series of 1994
(17) Shops for custom work or for making articles, materials
or commodities to be sold at retain on the premises, where no
single machine exceeds five horsepower.
Page 2
(20) Wholesale businesses.
(21) Woodworking or carpentry shows for the making of
articles for sale upon the premises, with exhaust inclusion.
3. No use shall produce external noise, vibration, fumes, odor,
dust, heat or glare, nor shall such use performed work outside of
buildings as a normal course of business. It is the intent that
all operations and work occur within buildings so that there is
no adverse impacts to adjacent residential and business uses.
4. The Outline Development Plan, attached hereto and incorporated
herein, is hereby adopted and shall serve as a general guideline
for the future development and use of the legally described
property. Prior to development and use of the property,
preliminary and final development plans, and a subdivision plat
must be approved in accordance with Section 26-25 of Wheat Ridge
Code of Laws.
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 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 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
publication.
15
days after final
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 14th day of February , 1994, 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 Monday,
March 14 , 1994, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
March 14, 1994 continued to March 28, 1994 by a vote of 8 to O.
'2.
Ordinance No. 959
Series of 1994
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 8 to 0 , this 28th day of March , 1994.
Page 3
SIGNED by the Mayor on this
29th day of
March
1994.
.,
{/
j'
i
~~
DAN WILDE, MAYOR
1st publication:
2nd Publication: Apri 1
Wheat Ridge Sentinel
Effective Date: Apri 1 20, 1994
ATTORNEY
<pc)ordwz937