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HomeMy WebLinkAboutOrdinance-1988-0773INTRODUCED BY COUNCIL MEMBER IBBISON ORDINANCE NO. 773 Series of 1988 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM PLANNED RESIDENTIAL DEVELOPMENT TO PLANNED COMMERCIAL DEVELOPMENT AND APPROVAL OF AN OUTLINE PLAN AND FINAL DEVELOPMENT PLAN AND PLAT LOCATED AT 11680 WEST 44TH 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 W.L. and K.L. Johnson for approval of rezoning from Planned Residential Development (PRD) to planned Commercial Development (PCD) and for approval of an outline plan and final development plan and plat in Wheat Ridge, Colorado, Case No. WZ-88-12, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge zoning maps are hereby amended to exclude from the Planned Residential Development District, and to include within the Planned Commercial Development District the following described land: Lots 2 and 3, Prospect Park Place Minor Subdivision, Section 20, Township 3 South, Range 69 West, County of Jefferson, State of Colorado, with the following exception: A portion of the North 1/3 of Block 12 Lee's Subdivision (Plat Book 2, Page 23A) situated in the SE 1/4 of Section 20, Twp. 3 South, Rng. 69 Nest of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the East 1/4 corner of Section 20, Twp. 3 South, Rng. 69 West of the 6th P.M. said point being on the East boundary line of said Block 12, thence along said East boundary line of said Block 12 South 00°09'24" East 14.15 feet to a point on the easterly extension of an existing fence said point being the True Point of Beginning, thence along said fence line, South 89030'22" West 655 feet more or less to a point on the east right-of-way line of Tabor Street; thence along said right-of-way line South 00006'57" East, 35 feet more or less to a point on the South line of the Nortn 1/3 of said Block 12; thence along the South line of the North 1/3 of said Block 12 North 89030'22" East 655 feet more or less to a point on the East line of said Block 12; thence along the East line of said Block 12 North 00 009'24" '.Nest 35 feet to the True Point of Beginnin page 2 ORDINANCE NO. 773 Section 2. Vested Property Rights. Approval of this rezoning and p Tan and plat does not create a vested property right. Vested property rignts 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, etermines, 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 otthis 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 1 day-d after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 8th day of August , 1988, 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 September 12 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7540 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 12th day of September , 1988. SIGNED by the Mayor on this 13th day of September , 1988. DAN wILDE, MAYOR Wanda Sang, City clerk / APPROVED .1 BY COPY ATTORNEY JOHN YE'S, CITY A`I'T £NEY 1st Publication: August It, 1988 2nd Publication: September 15, 1988 Wheat Ridge Sentinel Effective Date: September 16, 1988