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HomeMy WebLinkAboutOrdinance-1984-0570INTRODUCED BY COUNCIL MEMBER SNOW _ ORDINANCE N0. 570 Series of 1984 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE (A-1), RESIDENTIAL ONE-A (R-1A), AND RESIDENTIAL-ONE (R-1) TO COMMERCIAL-ONE (C-1) ON LAND LOCATED AT 4951-4975 KIPLING 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 Joe Ingenthrone for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-83-3, and based upon recommendation for approval, with conditions, from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to excluded from the Agricultural-One (A-1), Residential One-A (R-lA) and Residential-One (R-1) Districts and to include in the Commercial-One (C-1) District, the following described land: Parcel A: That part of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as follows: Commencing at the Southeast corner of said Section 16; thence North along the East line of said Section, 946.75 feet; thence West, 287.7 feet to the TRUE POINT OF BEGINNING, thence West, 385.35 feet; thence North, 101.35 feet more or less to the Southerly right-of-way line of the former Denver and Intermountain Railway; thence Northeasterly along said Southerly line, 660.96 feet to a point 37.7 feet West of the East line of said Section 16; thence South 183.54 feet; thence West, 250.0 feet; thence South, 100.0 feet to the TRUE. POINT OF BEGINNING. Parcel B: That part of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as follows: Commencing at the Southeast corner of said Section 16; thence North along the East line of said Section 976.75 feet; thence West, 280.0 feet to the TRUE POINT OF BEGINNING; thence West, 125.0 feet; thence South, 107.93 feet; thence West, 267.0 feet; thence North, 147.93 feet; thence East, 385.0 feet; thence South, 40.0 feet to the TRUE POINT OF BEGINNING. Parcel C: That part of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as follows: Commencing at the Southeast corner of said Section 16; thence North along the East line of said Section, 946.05 feet; thence West 37.7 feet to the TRUE POINT OF BEGINNING; thence West 257.7 feet; thence North, 177.7 feet; thence East 250.7 feet; thence South 100.0 feet to the TRUE POINT OF BEGINNING. Parcel D: That part of the Southeast Quarter of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as follows: Commencing at the Southeast corner of said Section 16; thence North along the East line of said Section, 906.05 feet; thence West 30.0 feet to the TRUE POINT OF BEGINNING, thence West 250.0 feet; thence North, 47.7 feet; thence East, 250.7 feet; thence South, 40.7 feet to the TRUE POINT OF BEGINNING. All in Jefferson County. Page 2 Section 2. Conditions. 1. All five parcels shall be developed as one overall site, with design and landscaping unified and integrated to be in character with the quality of construction found in this area for the newer developments. 2. Vehicular access to both Kipling and West 49th should be properly located and designed so as to create the minimum impact to the traffic carrying capacity and safety of the street system. 3. The uses should be limited to retail and service uses which fit with the overall character and uses throughout this area. Specifically, the following uses should be excluded as they are deemed not to be in character with this area and are not in conformance with the objectives of the Comprehensive Plan: a. Rental agencies which have outside storage. b. Used car sales lot. c. Sale or service of new or used trucks, house trailers, mobile homes, portable buildings+or other similar uses which require outside storage or display. d. Lumber yards. e. Contractors offices or yards when not on a temporary construction basis. 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 attained. Section 4. 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 adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of March , 1984, 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 April 23 , 1984, at 7:30 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 7 to 0 , this 23rd day of April , 1984. SIGNED by the-Mayor on this 24th day of April , 1984. ca r Wanda Sang, it 'clerk lst Publication: March 29, 1984 2nd Publication: April 26, 1984 Wheat Ridge Sentinel Effective Date: May 10, 1984 FRANK STITES, MAYOR cv APPROVED AS TO FORM BY CITY ATTORNEY: CA.) + ~y JOHN HAYES, CITY ATTORNEY 1-,