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HomeMy WebLinkAboutOrdinance-1995-1008 - - RECEPTION NO. F0700165 Ib.OO PG; 0001-003 236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1998 00 \\9 INTRODUCED BY COUNCIL MEMBER BEHM Council Bill No. 25 ORDINANCE NO. 1008 Series of 1995 8 . <=~. 5<= .....) . ...J I ~ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT AND APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 4651 TABOR 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 Trailer Source, Inc. for James K. Clausen for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95-9, 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 district and to include in the Planned Commercial Development district, the following described land: That part of Lots 7 & 8, Lee's Subdivision, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the West line of Lot 8, Lee's Subdivision, County of Jefferson, State of Colorado, which point is 166.96 feet north of the southwest corner of said Lot 8; thence north along the West line of Lots 7 & 8, Lee's Subdivision a distance of 221.11 feet to a point; thence north 89' 50' East a distance of 641.3 feet, more or less, to the East line of Lot 7 as shown on the plat of said Subdivision; thence South along the East line of said Lot 7 a distance of 221.11 feet more or less, to a point on the north line of the tract of land described in Book 359, Page 28; thence South 8ge 50' West along the northerly line of said tract, a distance of 641.3 feet more or less, to the Point of Beginning, except that portion bought by the Colorado Department of Highways. This plat contains 3.0 acres more or less. Section 2. 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. Ordinance No. 1008 Series of 1995 Page 2 ?- 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 .-l~ days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to .-L on this 28th day of August , 1995, 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 ~ptember 22.., 1995, at 7:00 o'clock 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 -L to -1-, this 25thday of SeptembeC.-_, 1995. SIGNED by the Mayor on this _~_~.!hday of ~ptemb~_, 1995. ~~ DAN WILDE, MAYOR Ordinance No. 1008 Series of 1995 Page 3 3 I F , AS TO FO~TTORNEY ~ ' GERALD DAHL, CITY ATTORNEY 1st Publication: September 7, 1995 and (The Rocky Mountain News) - September 8, 1995 2nd Publication: October 5, 1995 Jefferson Sentinel Effective Date: October 20, 1995 c:\wp60\ord\wz959.ord