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HomeMy WebLinkAboutOrdinance-1994-0969 \~ - RECEPTION NO. F0700157 11.00 236 RECORDED IN JEFFERSON COUNTY, COLORADO PG: 0001-002 9/23/1998 8:57:54 INTRODUCED BY COUNCIL MEMBER HALL Council Bill No. 55 ORDINANCE NO. Series of 1994 J/ ~ 969 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-TWO TO RESTRICTED COMMERCIAL ON LAND LOCATED AT 4217 XENON 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 George Johnston for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-94-1 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 hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-Two District and to include in the Restricted Commercial District, the following described land: A part of the southwest one quarter of Section 20, 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 point of intersection of the north/south center line of said Section 20 with the center line of West 44th Avenue, thence south 89050'00" west along said center line of west 44th Avenue 567.40 feet, thence south 0032'00" east along the west right of way line of Xenon Street 1054.50 feet to the point of beginning; thence continuing south 0032'00" east along said west right of way line of Xenon Street 145.45 feet to the north right of way line of West 42nd Avenue; then south 89050'00" west along said north right of way line of West 42nd Avenue 217.22 feet; then north 0032'00" west 30.00 feet; thence south 89050'00" west 63.00 feet; thence south 0032'00" east 30.00 feet to a point on said north right of way line of west 42nd Avenue; thence south 89050'00" west along said north right of way line 147.00 feet; thence north 0010'00" west 145.55 feet; thence north 89050'00" east 426.25 feet to the Point of Beginning; containing 1.382 acres, more or less. Section 2. Conditions. The development on Lot 1 of Johnston Minor Subdivision shall be in accordance with Exhibit 'A'. No construction shall occur on Lot 2 of Johnston Minor Subdivision until a site plan for development is approved by Planning Commission and City Council. Section 3. Vested Prooertv 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 Ordinance No. 969 Series of 1994 Page 2 'r 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 upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to ~ on this 25th day of ~ril , 1994, 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 June 13 , 1994, at 7:00 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 13th day of June 1994. SIGNED by the Mayor on this 14th day of June , 1994. ~,JJLJ Dan Wilde, MAYOR K APPROVED AS TO FORM BY CITY ATTORNEY ~d J~~j / Kathryn Schroeder, CITY AT~ORNEY 1st Publication: May 3, 1994 2nd Publication: June 21, 1994 Wheat Ridge Sentinel Effective Date: June 13, 1994 <pc>ordwz941