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HomeMy WebLinkAboutOrdinance-1988-0752INTRODUCED BY COUNCILMEMBER MERKL ORDINANCE No. 752 Series of 1988 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL-ONE A14D AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF A COMBINED OUTLINE A14D FINAL DEVELOPMENT PLAN AND PLAT ON LAND LOCATED AT APPROXIMATELY 10150 WEST 43RD AVENUE, 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 Rio Colorado Oil h Gas, Inc., for approval of Rezoning in Wheat Ridge, Colorado, Case No. WZ-88-3, and based upon recommendation for approval 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 exclude from the Commercial-One and Agricultural-One Districts and to include in the Planned Commercial Development District, the following described land: Lots 1 and 2 of Kipling Ventures Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, containing 4.01 acres more or less. Section 2. Vested Property Rights. Approval of this Combined Outline Development Plan and Plat does not create a vested property right. 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, 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. Ordinance No. 752 Page 2 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 28th day of March , 1908, 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 25 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED A14D ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 25th day of April , 1988. SIGNED by the Mayor on this 26th day of April , 1988. DAN WILDE, MAYOR Wanda Sang, City Cl rk ! APPROVED, A -E~Ojim B CITY ATTORNEY 7 1St Publication: March 31, 1988 2nd Publication: April 28, 1988 Wheat Ridge Sentinel Effective Date: May 13, 1988