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RECEPTION NO. F0700156 16.00
236 RECORDED IN JEFFERSON COUNTY, COLORADO
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INTRODUCED BY COUNCIL MEMBER BEHM
Council Bill No. 54 ORDINANCE NO.
Series of 1994
968
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TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
AGRICULTURAL-ONE, RESIDENTIAL-ONE AND RESIDENTIAL-TWO TO
PLANNED RESIDENTIAL DEVELOPMENT ON LAND LOCATED AT 10241
WEST 38TH AVENUE, 10150 WEST 40TH AVENUE AND 3975 MILLER
COURT, 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 st. Ives Realty for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-94-3 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
exclude from the Agricultural-One, Residential-One and
Residential-Two Districts and to include in the Planned
Residential Development District, the following described land:
A parcel of land situated in the Southeast one-quarter of Section
21, Township 3 South, Range 69 West of the Sixth Principal
Meridian, Jefferson County, State of Colorado, consisting of
approximately 29.9 acres, more particularly described as follows:
The East 264 feet of the North 750 feet of the Southwest one-
quarter Southeast one-quarter Section 21, Township 3 South, Range
69 West of the 6th P.M., except the North 20 feet thereof and
except the West 15 feet thereof and except the East 20 thereof
and except the South 230 feet of the East 264 feet of the North
750 feet of the Southwest Quarter of the Southeast Quarter of
Section 21, Township 3 South, Range 69 West of the 6th P.M.,
except the West 15 feet thereof, and except the East 20 feet
thereof, excluding any portion of the above described property
not located in the East 8 acres of the Southwest Quarter of the
Southeast Quarter of Section 21, Township 3 South, Range 69 West
of the 6th P.M., County of Jefferson State of Colorado.
and including
The West one-half of the Southeast one-quarter of the Southeast
one-quarter of Section 21, Township 3 South, Range 69 West,
except any portion which may lie within 38th Ave., and except:
A part of the West one-half of the Southeast one-quarter of the
Southeast one-quarter (W 1/2 SE 1/4 SE 1/4) of Section 21,
Township 3 South, Range 69 West, more particularly described as
follows: beginning at the Southeast Corner of said W 1/2 SE 1/4
Ordinance No. 968
Series of 1994
Page 2
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SE 1/4; thence West 120 feet, thence North 80 feet, thence in a
Northeasterly direction 137 feet to a point which is 148 feet
North of place of beginning.
and including
All that part of the West one-half of the East one-half of the
Southeast one-quarter of the Southeast one-quarter of Section 21,
Township 3 South, Range 69 West of the 6th P.M., City of Wheat
Ridge, Jefferson County, Colorado, lying north or northerly of
center line of a certain stream commonly called Dry Creek
together with a strip 20 feet wide to be used for road purposes
along the East side of that portion of the West one-half of the
East one-half of the Southeast one-quarter of the Southeast one-
quarter lying south of center line of said Dry Creek being a
roadway connecting the first above described tract with West 38th
Avenue, excepting therefrom that portion of the above described
land as taken by the City of Wheat Ridge for the Lena Gulch
drainageway as evidenced by order for immediate possession
recorded October 10, 1980 at Reception no. 80076775 of the
Jefferson County records.
Section 2. Condition. 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 Wheat Ridge
Code of Laws, Section 26-25. Right to development shall not
accrue until the Final Planned Residential Development Plan and
Subdivision Plat have been legally approved by the Wheat Ridge
Planning Commission and City Council and recorded with the
Jefferson County Clerk and Recorder, and subject to meeting all
other requirements as provided by the Wheat Ridge City Charter
and the Wheat Ridge Code of Laws.
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.
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 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.
Ordinance No. 968
Series of 1994
Page 3
3
Section 5. This ordinance shall take effect upon passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to ...L on this 25th day of April , 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 May 23 , 1994, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
5/23/94 Continued to June 13, 1994 by a vote of 6-0.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 8 to 0 , this 13th day of June
1994.
SIGNED by the Mayor on this
14th day of June
, 1994.
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:~~i{/id."
Wanda Sang, C1TY
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Dan Wilde, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
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Ka h yn s~roeder, CITY ATTORNEY
1st Publication: May 3, 1994
2nd Publication: June 21, 1994
Wheat Ridge Sentinel
Effective Date: June 13, 1994
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