HomeMy WebLinkAboutOrdinance-1997-1083
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INTRODUCED BY COllNCIL MEMBER SILER
Council Bill No. 17 ORDINANCE NO. 1083 I;' "'2....
Series of 1997 ../
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESIDENTIAL-TWO AND COMMERCIAL-ONE TO PLANNED
COMMERCIAL DEVELOPMENT DISTRICT AND FOR APPROVAL OF AN
OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 6225 WEST
48TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COllNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
SectIOn]. Upon applicatIOn by LoUIS FIcco for approval of a rezonIng In Wheat Ridge. Colorado,
Case No WZ-97-7 and based on recommendatIOn for approval WIth condltHlns from the Wheat Ridge
Planmng Commlsslon, and pursuant to findIngs made hased on testImony and eVIdence presented at
puhllc hearing before the Wheat Rldge elt: Council \\'hcat Rldgc maps are hereby amended to
e,dude fi'{)ll1 the Resldentlal- TWl) and Commcrual-One dIstriCt. and to II1clude In the Planned
Commercial Development dlStrlct the follow1l1g desLTlhed land
An und]\'lded 10 mterest 1\1. That part of the South halfofthe Southwest Quarter ofSectlOn 13,
Township 3 South, Range 69 West, lY1l1g east of the easterly 11l1e of La Veta A venue and South
and East of Southeasterly Ime of Block 19. Berkeley HeIghts 2nd FIlmg (except Blocks 12, 16.
17. and a ten-acre tract heretofore conveyed to Belle Bush by deed m Book 117 at Page 479
said land bemg more partIcularly described as follows
Begmnmg at a pomt on the South IInC of SeetlOn ] 3, 786 4 feet West of South Quarter corner
of Section 13, thence North 650.5 fect, thence South 530 47' West 123 75 feet, thence North
890 13' West 104 feet; thence South 45038' West ]40.3 feet. thence South 30002' West 90.3
feet; thence South 090 28' East 1096 teet, thence South 150 51' East 38 feet; thence East 185
feet to stake; thence South 259 feet to South lIne of SaId Section 13, thence East along said
Section lme 136 feet to point ofbegmmng, County of Jefferson, State of Colorado
Section 2. CondltlOns.
The following uses are allowed All RC-l. R-C and C-] uses. AdditIOnal uses allowed:
bUilding contractors scrVIce shop and storage yard. cold storage yard. dIstnbutlOn stations,
dymg and cleail1ng shops, Ice plants and delIvery statIOns, manufactUrIng and/or light 1\1dustrIal
operatlOn where no s1\1gle mach1\1c exceeds] 5 HP. mml-warehouses for InsIde storage,
wholesale bus1l1esses, custom fabrIcatlOn/machme shops, no smgle motor shall exceed 35 HP
for machme shops, 15 HP tor all others, stone cuttmg or pohshmg works m association With
artrIsans, mcmorlal sales and lapidary deSIgn and creatIOn. tm shops, gutter shops. iron rod
shops. hvac shops and othcr SImilar uses. outsIde dIsplay or storage subJect to the following'
RECEPTION NO. F0700174 16.00 PG: 0001-003
236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/23/1998 8:57:55
Ordinance No. 1083
Page 2
1-
merchandise, matenal or stock maybe stored or dIsplayed beh1l1d the front ofbUlldmgs withIn
side or rear yards only where completely screened from adjacent properties and streets by a SIX-
foot high solid fence, merchandIse, materIal and stock shall not be stack.ed to a heIght greater
than the height of the screening fence.
2. That performance standards be included under the list of allowed uses.
3 A note dlsallowll1g billboards be placed on the plan.
4 Iffeasible and subject to approval of the Fl11a] Deve]opment Plan, brick accent be used on
those buIlding elevatIOns Visible from adJOInIng streets.
5 OutSide storage can be allowed on the northern most bulld1l1g proVIded that It IS not accessIble
by vehIcles and wIll be reviewed at the time of the submIttal of the F1l1al Development Plan.
6 Mature trees to be preserved as practIcal.
7 No above ground loadmg docks be shown on the Fmal Dcvelopment Plan
8 In the list of uses, tire capp1l1g and new/used automobile sales be ellmmated.
9 That the plan prOVIde nOIse standards that are acceptable per State standards
10 RepaIr or mamtenance of semI-trucks be elImmated.
1] Regular parkmg nr storage of semI'S outSIde the prcmJ<;c 1\ iI] not he allowed.
12. LllmtatlOn of35 HP for any mach1l1e on the premises.
SectIOn 2. Vested Property Rl!~hts. Approval of this rezonmg doc, not create a vested property nght.
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. aI1d declares that thiS ordmance
is promulgated under the general police power of the Cny of Wheat RIdge, that It IS promulgated for
the health, safety, and welfare of the publIc and that thIS ordl11ancc IS necessary for the preservatIon of
health and safety and for the protectIOn of public convenIence and welfare. The City Council further
detem11l1es 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 ordmance or the applIcation
thereofto any person or ClrCUll1stances shall for any reason be Judged by a court of competent
jurisdiction invalid, such Judgement
shall not affect, impaIr or mvalIdate the remainder of thIS ordmance or ItS applIcation to other persons
or circumstances.
Ordinance No. 1083
Page 3
SectIOn 5. This ordmance shall take effect ~ days after final publication.
3
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~_ to ~ on thIS 23rd day
of June , 1997, 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 July 281997, at 7'00
o'clock p.m., 111 the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTRED AND ORDERED PUBLISHED on second and final readIng by a vote of ~ to
-L, thIS 28 Uday of J u 1 Y , 1997
SIGNED by the Mayor on this _z'2Jrday of
July
, ]997
~,i ,-/~ ci~
DAN WILDt. MAYOR
A nEST
1st PublicatIOn. June 27, 1997
2nd PublIcation. August 8, 1997
Wheat RIdge TranSCrIpt
EffectIve Date August 23, 1997