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HomeMy WebLinkAboutOrdinance-1988-0777INTRODUCED BY COUNCIL MEMBER DAVIS ORDINANCE NO. 777 Series of 1988 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-THREE TO RESTRICTED COMMERCIAL-ONE, WITH CONDITIONS, ON LAND LOCATED AT 6991 WEST 37TH 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 Lakeside National Bank for approval of rezoning with conditions in Wheat Ridge, Colorado, Case No. WZ-88-11 pursuant to 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-Three District and to include in the Restricted Commercial-One District, the following described land: A tract of land situated in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit: Beginning at a point on the North line of the Northeast 1/4 of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, 31 Rods and 6 feet West of the Northeast corner of said Section 26; thence West a distance of 125.75 feet; thence South, a distance of 420.75 feet; thence East a distance of 125.75 feet; thence North, a distance of 420.75 feet to the POINT OF BEGINNING. Except any portion lying within the right-of-way for West 38th A~~e,: County of Jefferson, State of Colorado. Section 2. Conditions: 1. Development shall be in accordance with the attached site plan labeled Exhibit 'A'. 2. The use of the property shall be restricted to parking and landscaping. 3. There will be no access to West 37th Avenue. 4. There will be a gate at the entrance to the lot which will be locked at night no later than 8:00 p.m. and the lot shall be open no earlier than 7:00 a.m. 5. No storm water shall be released onto West 3 7th Avenue. 6. The I)t shall not be used on weekends. 7. There will be low-level lighting which will be shut off at night no later than 8:00 p.m. PAGE 2 ORDINANCE NO. 777 Series of 1988 8. The lot shall be used only by clients and employees of the office building to the north. 9. The property owners shall be responsible for maintenance of landscaping on the property. 10. Construction of the parking lot shall occur only during the daylight hours of a normal work week. There shall be no construction work during the weekends. Section 3. Vested Property Rights. Approval of this rezoning and site plan 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 4; 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 5_ 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 adjusted 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 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this _24th day of October 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 November 14 1988, at 7:30 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 8 to 0 , this 14th day of November , 1988. k WANDA SANG, CITY CLER~ 1st Publication: October 27, 1988 2nd Publication: November 24, 1988 Wheat Ridge Sentinel Effective Date: December 9, 1988 DAN WILDE, MAYOR 1~ / APPROXED,AS J FORM BY CITY ATTORNEY J0 -HAYES, IT g3D NEi' i 6'