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HomeMy WebLinkAboutOrdinance-1989-0805INTRODUCED BY COUNCIL MEMBER DAVIS ORDINANCE NO. 805 Series of 1989 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO TO COMMERCIAL-ONE ON LAND LOCATED AT 4304 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 Randy and Nickie Jensen for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-89-6 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 exclude from the Residential-Two District and to include in the Commercial-One District, the following described land: Beginning at a point 30 feet east and 86 feet north of the southwest corner of the Southwest 1/4 Northwest 1/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence from said point of beginning north 75 feet; thence east 305 feet; thence south 75 feet; thence west 305 feet to the point of beginning, Except that portion of land deeded to the Department of Highways, State of Colorado, described in deed recorded June 24, 1969 in Book 2113 at Page 3, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Conditions. A. All C-1 uses be allowed except the following: 1. No auto body, painting or mechanical repair be allowed; 2. No outside storage be allowed; 3. No car washes be allowed; and 4. No sales or rental lots for automobiles, trucks, boats, recreational vehicles, trailers or motor- cycles shall be allowed. B. Development shall be in accordance with the attached site plan labelled Exhibit "A". 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 reading by a vote of 8 to 0 on this 14th day of August 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 September 11 , 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 8 to 0 this 11th day of September 1989. SIGNED by the Mayor on this 12th day of September , 1989. DAN WILDE, MAYOR l f 1 Wanda Sang, City Cle APPROVED AS TO FORM BY CITY ATTORNEY 3 JOHN JrAYES, CITY A 1st Publication: August 17, 1989 2nd Publication: September 14, 1989 Whea+ n.idge Sentinel _ ve Date: September 29, 1989