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Home My WebLink AboutOrdinance-1999-1162 RECEPTIOIIO. F0913891 7123/19 14: 12:45 PG: 001- ()()<l PAGE FErr- 20.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO INTRODUCED BY COUNCIL MEMBER Mancinelli Council Bill No. 10 Ordinance NO.lliL Series of 1999 ~u~ ~ITLE' AN ORDINANCE PROVIDING FOR THE APPROVAL OF A J- 'I REZONING FROM RESIDENTIAL-TWO TO RESTRICTED COMMERCIAL-ONE ON LAND LOCATED AT 8151 WEST 44T11 AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, ST A TE OF COLORADO (WZ-99-06) WHEREAS, an applicatIOn has been made for approval of a rezonmg, Wheat RIdge Case No WZ-99-06, for rezomng from an existmg R-2 zone dIstrict to RC-1 district of certam property located WIthin the CIty of Wheat Ridge; and WHEREAS, said property IS currently used as a legal, non-conformIng use for commerCIal office purposes, and WHEREAS, 111 order for such rezoning to be compatible WIth surrounding propertIes and to Increase the conformance of the property with the Wheat Ridge ComprehensIve Plan, certam uses otherWIse permItted In the RC -1 zone dlstnct should be dIsallowed, and WHEREAS, dIsallOWIng the following uses wIll achIeve these purposes. ClImes and offices for the counselmg and treatment of psychologlcal, SOCIal, marital, developmental or similar conditions includll1g eounselll1g and treatment for substance abuse and alcoholIsm however, not including residential facilIties or residential treatment. 2. Schools, publIe, parochial and prIvate (mcluding private, vocational trade or profeSSIOnal schools), colleges, umversltles, preschools and day nurseries (ll1cludmg those uses eommonly accepted as necessary thereto when located on the same premises) 3. Service establIshments as lIsted below' a. Half. naIl and cosmetIc serVIces. b Pickup stations for laundry and dry cleamng. and, WHEREAS, disallowmg these particular uses will render the proposed use of the property subsequent to rezomng more compatible with adjacent residentIal properties by reducmg the amount and nature of vehicle traffic, the number of vehicle trips, and in general the commereIaI nature of use of the property once rezoned, and IlECEPTICII~. F0913891 WHEREAS, disallowll1g these lIsted uses will further protect the publIc health, safety and welfare of the neighbonng resIdential areas and of the general public. ). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT; Section 1. Upon applicatIOn by the CIty of Wheat Ridge, approval ofa rezoning in Wheat RIdge, Colorado, Case No WZ-99-06 and based on recommendatIOn for approval from the Wheat Ridge Planning CommIssion and pursuant to findings made based on testImony and evidence presented at public heanng before the Wheat Ridge CIty CouncIl, the official City of Wheat Ridge zOl11ng maps are hereby amended to exclude from the R-2 zone district and to include in the RC-I zone district the follow1l1g described land. Lot 15, except the North 65 feet of saId Lot, Block 5, Hillcrest HeIghts, aceord1l1g to the recorded plat thereof (hereinafter, the "Subject Property"). subject to the followmg conditIOns, 1 ,) That an extensive landscape buffer be provided along the north and east property Imes Il1clud1l1g a SIX foot WIde landseape buffer adjacent to the parking on the east SIde. That the site plan be attaehed as an exhibIt to the ordmance. That none of the permItted prinCIpal uses allowed 111 RC-l ZOl11ng under SectIons 26-20 (B)(3), 26-20(B)(11) and 26-20 (B)(I2)(a) and (c); RC-l be allowed on the Subjeet Property That the buildmg heIght would not exceed 25 feet. Development on the property shall be consistent WIth Exhibit A. ') 4 5 Section 2. Vested Property Ri~hts. Approval of this rezoning does not create a vested property nght. Vested property rights may only arise and acerue pursuant to the prOVISIons of SectIon 26( c) of AppendIX A and the Code of Laws of the City of Wheat RIdge Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordll1ance 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 proteetion of public convel11ence and welfare. The CIty CouncIl further determmes that the ordll1ance 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 Zomng Code or the applIcatIOn thereof to any person or circumstances shall for any reason be adjusted by a eourt of competent Junsdictlon invalId, such Judgment shall not affeet applIcation to other persons or CIrcumstances. Section 5. Supersession Clause. If any provision, reqUIrement or standard established by thIS Ordinance IS found to conflIct WIth SImIlar proviSIOns, reqUIrements or standards found elsewhere 111 the Code of Laws of the City of Wheat RIdge, whIch are in existence as of the date of adoptIon of this Ord1l1ance, the provisions, reqUIrements and standards herein shall supersede and prevaIl. IlECEPTI(IIIO. 1;'0913891 Section 6. This Ordmance shall take effect upon final passage. ,3 INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~ on this ---1-O.th day of May , 1999, ordered publIshed 111 full in a newspaper of general circulatIOn 111 the CIty of Wheat RIdge and Public Hearing and consideration on final passage set for July 12 ,1999, at 7'00 o'clock p,m., 111 the Council Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of ~ to.-L, this ----12tl1day of ,1111y , 1999 SIGNED by the Mayor on thIS 13th day of July , 1999 TTORNEY 1 st PublIcatIOn. May 21, 1999 2nd PublIcatIon. J u 1 y 16, 1999 Wheat RIdge Transcnpt Effeetive Date' July 12, 1999 C $arhara\L'CRPTS' Rr:S( )-ORD\WL\j()()(1 v.tld eX-HIB/I 'A' JlEC8lT]IJI.o:- F0913891 L_ " I, )..)2. o ~ "'- BRENTWOOD STREET .. --- ; / ~ r ~ "" VI -< . . -< :J: ~ < "" z c '" I ! II ~ ~l __to '" "'- iil ;X --~.._- ! i '" .", --------,..------- , . , : , : , tj . -. Xl...a. . Q po , , ,. . , : , , : , , , , , , , , , : , : : , -, J . . I ",I ~ ____________'__n_______u__... , , , ' : ", , ' : "... , ~ --- --------- -------------- --- ---- ~ iI X - I i I E . i ~ " . ' . -. ..... ,,--- J & B TAX ACCOUNTING. INC ~LHPAlr:l(J,eec. 8l5l WEST ""TH AVENUE ARCHfTECrs/ENCINEERS WHEATRlDGE. COLORADO 80033 t~~~oor~.1:z ()(J~) N:J-~ fAX (JOJ) ~-..." ~: ~I ~l .fir