HomeMy WebLinkAboutOrdinance-1994-0980
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RECEPTION NO. F0700160 16.00 PG: 0001-003
236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1998 8:57:55
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INTRODUCED BY COUNCIL MEMBER BEHM
Council Bill No. 70 ORDINANCE NO. 980
Series of 1994
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING
FROM PLANNED RESIDENTIAL DEVELOPMENT TO A REVISED
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ON LAND
LOCATED AT 10241 WEST 38TH 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 Raymond Michael Easler and
J. Glenn and Helen Ann Huitt for approval of rezoning in Wheat Ridge, Colorado,
Case No. WZ-94-14 and based upon recommendation for approval 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 Planned Residential Development district and to include in a
revised 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, more particularly described as follows:
The East 264 feet of the North 750 feet of the Southwest one-quarter Southeast
one-quarter of 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 feet 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:
Ordinance No. 980
Case No. WZ-94-14/St. Ives Realty
Page 2
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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 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.
Section 2. Vested Property RiQhts. 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 3. 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 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 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 judged by a court of competent jurisdiction invalid, such judgement
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 days after final publication.
Ordinance No. 980
Case No. WZ-94-14jSt. Ives Realty
Page 3
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to -L
on this 26th day of September , 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 October 24 , 1994, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
10/24/94 - Continued to November 14, 1994.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of -L to ~_, this 14thdayof November , 1994.
SIGNED by the Mayor on this ---12ihday of November
,1994.
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DAN WILDE, MAYOR
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Wanda Sang, City Clerk, ,
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APPROVED AS TO FORM BY CITY ATTORNEY
~])di.A:l:.l / j' ~ .: ," 41itli'0
KATHRYN SCHROEDER, CITY ATTORNEY
1st Publication: October 4, 1994
2nd Publication: November 24, 1994
Wheat Ridge Sentinel
Effective Date: December 9, 1994