HomeMy WebLinkAboutOrdinance-1990-0828
INTRODUCED BY COUNCIL MEMBER EDWARDS
ORDINANCE NO. 828
Series of 1990
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL
USE PERMIT TO ALLOW A RESIDENTIAL COUNSELING &
TREATMENT CENTER IN A RESTRICTED COMMERCIAL ZONE
DISTRICT ON LAND LOCATED AT 6195 WEST 38TH 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 Arapahoe House for approval of a
Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-90-3
and pursuant to findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City
Council, a Special Use Permit to allow a residential counseling
and treatment center in the restricted commercial zone district
is hereby approved for the following described land:
A PARCEL OF LAND BEING A PART OF THE EAST 1/2 OF THE SW 1/4 OF
THE SE 1/4 OF THE SW 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE
OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(FOR THE PURPOSE OF THIS LEGAL DESCRIPTION THE SOUTH LINE OF SAID
SECTION 24 BEARS S89054'58"W).
BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 24;
THENCE S89054'58"W ALONG THE SOUTH LINE OF SAID SECTION 24, A
DISTANCE OF 762.39 FEET; THENCE N00015'34"W, A DISTANCE OF 30.00
FEET TO THE TRUE POINT OF BEGINNING, WHICH POINT IS ALSO ON THE
NORTH LINE OF WEST 38TH AVENUE AND WHICH POINT IS ALSO ON THE
EAST LINE OF THE WEST 3 l/2 ACRES OF THE E l/2 OF THE SW 1/4 OF
THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 24; THENCE N00015'34"W
ALONG SAID EAST LINE, A DISTANCE OF 150.00 FEET; THENCE
S89054'58"W PARALLEL WITH THE SOUTH LINE OF SAID SECTION 24, A
DISTANCE OF 75.00 FEET; THENCE S00015'34"E PARALLEL WITH THE EAST
LINE OF THE WEST 3 1/2 ACRES OF THE E 1/2 OF THE SW l/4 OF THE SE
1/4 OF THE SW l/4 OF SAID SECTION 24, A DISTANCE OF 150.00 FEET
TO A POINT ON THE NORTH LINE OF WEST 38TH AVENUE, 30 FEET NORTH
OF THE SOUTH LINE OF SAID SECTION 24; THENCE N89054'58"E ALONG
THE NORTH LINE OF WEST 38TH AVENUE AND PARALLEL WITH THE SOUTH
LINE OF SAID SECTION 24, A DISTANCE OF 75.00 FEET, MORE OR LESS
TO THE TRUE POINT OF BEGINNING (THE "LAND").
Section 2: Conditions.
a. The use and development shall conform with the site plan
and written documentation submitted by the applicant,
which is made a part of the case file, and shall be
consistent in character and operation consistent in
Ordinance 828
Seeries of 1990
Page 2
character and operation with the testimony given by the
applicant.
b. The total number of beds on both properties (6195 and
6275 W. 38th Ave.) shall not exceed 47, with no more than
22 beds located at 6195 W. 38th Ave.
c. Out-patient services shall not be allowed at either 6195
or 6275 W. 38th Ave. so long as residential treatment
exists on either property.
d. If it is found by the Zoning Administrator at some future
date that demand for parking exceeds existing supply, the
owner or lessee shall meet the demand subject to parking
standards at that date, or reduce the need for additional
parking.
Section 3. Vested Property Rights. Approval of this Special Use
Permit 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. Severabilitv. 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 l5 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first ready by a vote of 6 to 2
on this 23rd day of April, 1990, 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 May 14,
1990, 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 6 to 2, this 14th day of May, 1990.
Ordinance 828
Seeries of 1990
Page 3
SIGNED by the Mayor on this 15th day of May, 1990.
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Wanda Sang, City s~rk
lst Publication: May 2, 1990
2nd Publication: May 23, 1990
ApplewoodjWheat Ridge Transcript
Effective Date: June 7, 1990
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JY-O.,.JA./~
DAN WILDE, MAYOR
BY CITY ATTORNEY
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TY ATTORNEY