HomeMy WebLinkAboutOrdinance 2008-1409
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2008030996 ORD
04/01/2008 04:52:14 PM 4 Page(s)
Jefferson County, CoLorado
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 04-2008
Ordinance No. 1409
Series of 2008
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF
CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED
PLANNED COMMERCIAL DEVELOPMENT AND FOR
APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT
PLAN FOR PROPERTY LOCATED AT 7495 W. 29TH AVENUE
(CASE NO. WZ-08-01/WADSWORTH EXCHANGE).
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WHEREAS, an application (the "Application") has been made by Michael G.
Pharo Associates for M & E Financial, LLC, approval of change of zoning conditions
on property zoned Planned Commercial Development, initially approved pursuant to
Case No. WZ-05-10 and for approval of an amended Outline Development Plan for
property located at 7495 W. 29th Avenue (the "Property"); and
WHEREAS, Application was reviewed by the Planning Commission on
February 7,2008; and
WHEREAS, all notice and posting requirements have been met; and
and
WHEREAS, the Council has conducted a public hearing on the Application;
WHEREAS, a restrictive covenant applicable to the Property was recorded in
the records of the Jefferson County Clerk & Recorder on June 15, 2006 at Reception
No. 2006072811 (the "Restrictive Covenant"); and
WHEREAS, the Restrictive Covenant limits certain aspects of the use of the
Property, including the preservation of the exterior features of an existing structure
(the "Structure") on the Property; and
WHEREAS, the Restrictive Covenant provides that it is for the express benefit
of and may be enforced by the City of Wheat Ridge; and
WHEREAS, the Restrictive Covenant does not create or name any other
beneficiaries of the same; and
WHEREAS, as the sole beneficiary of the Restrictive Covenant, the City has
the right to elect to waive its right to enforce the same and to consent to its
rescission; and
WHEREAS, the Council finds that the Restrictive Covenant is no longer
necessary or appropriate and should be rescinded; and
WHEREAS, the Council finds that the Application should be approved and this
Ordinance adopted for the reasons set forth in the staff report and as supported by
testimony at the public hearing.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Upon application by Michael G. Pharo Associates for M & E
Financial, LLC, approval of change of zoning conditions on property zoned Planned
Commercial Development approved pursuant to Case No. WZ-05-10 and for
ap~roval of an amended Outline Development Plan for property located at 7495 W.
29 h Avenue and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a change of
zoning conditions and an amended Outline Development Plan are approved for the
following described land:
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A TRACT OF LAND LOCATED IN THE SE ONE-QUARTER OF
SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, BEING
THE WEST ONE-HALF OF LOT 3, BLOCK 1, BARTH'S
SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID
SECTION; THENCE S02038'05"E, 661.25 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF WADSWORTH BOULEVARD,
WHICH IS THE TRUE POINT OF BEGINNING; THENCE SOoo02'03"E
ALONG SAID RIGHT-OF-WAY LINE 635.80 FEET; THENCE LEAVING
SAID RIGHT-OF-WAY LINE S89052'13"E, 315.06 FET; THENCE
NOooOO'33"E, 635.39 FEET; THENCE N89047'46"W, 315.54 FEET TO
THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED
TRACT CONTAINS 200,401 SQUARE FEET OR 4.601 ACRES MORE
OR LESS.
Section 2. Restrictive Covenant Rescinded. The City Council, acting by
and on behalf of the City of Wheat Ridge, Colorado, pursuant to Section 4.7 of the
Home Rule Charter, hereby consents to the rescission of the Restrictive Covenant,
and authorizes and directs the Mayor and City Clerk to execute such instruments
necessary and appropriate to accomplish the same.
Section 3. Vested Prooertv Riahts. Approval of this change of zoning
conditions and amended Outline Development Plan 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.
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Section 4. Safetv Clause. The City of Wheat Ridge 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. Severabilitv., If any clause, sentence, paragraph, or part of this
Zoning Code or the application thereof to any person or circumstances shall for any
reason be adjusted by a court of competent jurisdiction invalid, such judgment shall .:3
not affect application to other persons or circumstances.
Section 6. Suoersession Clause. If any provision, requirements 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 Ordinance, the provisions,
requirements and standards here shall supersede and prevail.
Section 7. This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of Z to L
on this 25th day of Februarv. 2008, 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 MondF,lv. March 24. 2008, 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 Ii to ? . this 24th day of March , 2008.
SIGNED by the Mayor on this
25th day of March . 2008.
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riDITu1llo, Mayor
ATTEST:
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Mic~ael$Dow, City Clerk
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1st publication: February 28,2008
2nd publication: March 27, 2008
Wheat Ridge Transcript
Effective Date: April 11, 2008
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