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HomeMy WebLinkAboutOrdinance-1989-0785INTRODUCED BY COUNCILMEMBER TBBjEo_ ORDINANCE NO. 785 Series of 1989 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL-ONE AND RESIDENTIAL-ONE TO COMMERCIAL-ONE ON LAND LOCATED AT 3805 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 Amoco Oil Company for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-89-1, 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 hearings before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial-One and Residential-One Districts and to include in the Commercial-One District, the following described land: A portion of those parcels of land described in Book 2024 at Page 347, in Book 1339 at Page 199, and at Reception No. 86016132, Jefferson County Records, and located in the southeast one- quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southeast corner of said southeast one-quarter; thence S89058'46"W along the south line of said southeast one-quarter, a distance of 45.00 feet; thence N00041'14"E, parallel with and 45.00 feet west of the east line of said southeast one-quarter, a distance of 30.00 feet to the point of beginning on the north right-of-way line of West 38th Avenue; Thence S89058146"W along said north right-of-way line, a distance of 140.01 feet to the southwest corner of said parcel of land as described in Book 2024 at Page 347; Thence continuing S89058'46"W along said north line, a distance of 20.00 feet; Thence N00041114"E parallel with the west line of said parcel, a distance of 215.01 feet; Thence N89058146"E parallel with the north line of said Parcel, a distance of 160.01 feet to the west right-of-way line of Kipling Street, being parallel with and 45.00 feet west of said east line of the southeast one-quarter; Thence S00041'14"W along said west right-of-way line, a distance of 40.00 feet to a point on the north line of said parcel; Thence continuing S00041'14"W along said west right-of-way line, a distance of 175.01 feet to the point of beginning; containing 34,402 square feet or 0.7898 acres, more or less. Section 2. Conditions. Upon redevelopment, the billboard on the northern portion of the property be removed in accordance with Chapter 19A-16.03 of the Wheat Ridge Code of Laws. The City Council further excludes the authority ORDINANCE NO. 785 Page 2 of the Board of Adjustment to grant a variance for this billboard to be relocated in the B-1 "billboard" district. Section 3. Vested Property Rights. Approval of this rezoning 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 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 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first ready by a vote of 7 to 0 on this 13 day of March , 1989, 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 10, , 1989, 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 1 , this 10th day of April , 1989. SIGNED by the Mayor on this 11th day of April , 1989. Wanda Sang, City Clerk 1st Publication: March 2nd Publication: April Wheat Ridge Sentinel Effective Date: April 16, 1989 13, 1989 28, 1989 DAN WILDE, MAYOR APPROVED AS TO FORM BY/CITY ATTORNEY JOHN'HAY , CITY AT TO EY