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RECEPTION NO. F ,..:' , '} h r' l.} n
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1;,I=:CiJRDED IIMEFFER30N COUNn, COI.JJRnDO
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 11-2004
Ordinance No.l31..L
Series of 2004
TITLE:
AN ORDINANCE PROVIDING FOR THE
APPROVAL OF REZONING FROM RESIDENTIAL
ONE TO PLANNED COMMERCIAL
DEVELOPMENT FOR PROPERTY LOCATED AT
10135 WEST 38TH AVENUE, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
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: \J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Upon applicatIOn by Doctor Mike Freimuth, approval of a rezomn~ in
Wheat Ridge, Colorado, Case No WZ-04-01, for property located at 10135 West 381
A venue, and based on a recommendation of approval from the Wheat Ridge Planmng
Commission and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps
are hereby amended to exclude from the Residential One District and to include in the
Planned Commercial Development zone districts the followmg described land.
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21,
THENCE ALONG THE SOUTH LI.NE OF THE SOUTHEAST QUARTER OF
SAID SECTION 21, S890I2'43"W, 350.27 FEET, THENCE LEAVING SAID
SOUTH LINE NOoo06'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF-
WAY LINE OF WEST 3 8TH AVENUE AND THE TRUE POINT OF
BEGlNNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
S89012'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A
PARCEL OF LAND AS RECORDED AT RECEPTION NO. FI276352,
THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE
FOLLOWING THREE (3) CONSECUTIVE COURSES 1) THENCE
NOoo08'23"W, 140.00 FEET, 2) THENCE S89012'43"W, 75 00 FEET, 3)
THENCE NOoo08'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY
OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775,
THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE
FOLLOWING FOUR (4) CONSECUTIVE COURSES. I) THENCE
N45036'3TE, 37.74 FEET, 2) THENCE N78036'3TE, 112.00 FEET, 3)
THENCE S49003'23"E, 72.00 FEET, 4) THENCE N73006'37"E, 51.47 FEET,
THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST
LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO
F0913894 SOoo06'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1 730
ACRES), MORE OR LESS
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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 26-121 of the Code of Laws of the City of Wheat RIdge.
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
attamed.
Section 4. Severability. If any clause, sentence, paragraph, or part ofthis Zoning
Code or the application thereof to any person or circumstances shall for any reason be
adjusted by a court of competent Jurisdiction mvalid, such judgment shall not affect
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 in the Code of LaWs of the City of Wheat Ridge, which are in
eXistence as of the date of adoption of this Ordinaa:e, the provisions, requirements and
standards herein shall supersede and prevail.
Section 6. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to
~ on this 24th day of May, 2004, ordered published in full m a newspaper of general
Circulation m the City of Wheat Ridge and Public Hearing and consideratIOn on final
passage set for June 14th, 2004, 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
readmg by a vote of ~ to~, this 14th day of June ,2004.
ATTORNEY
1 st Publication. May 27, 2004
2nd PublicatIOn. June 17, 2004
Wheat Ridge Transcnpt
Effective Date' July 2, 2004
e: \pl ann i ng\forms \ord. frm
,2004.
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APPROVED AS TO FORM BY CITY
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