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HomeMy WebLinkAboutOrdinance-1994-0983 RECEPTION NO. F0700162 11.00 236 RECORDED IN JEFFERSON COUNTY. COLORADO PG: 0001-002 9/23/1998 1j{) \\ INTRODUCED BY COUNCIL MEMBER FIELDS Council Bill No. 65 ORDINANCE NO. Series of 1994 983 8:57:55 I" ~ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE (R-1) AND RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 3701 QUAIL 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 John & Julie Batug for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-94-6 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 One and Residential-Three District and to include in the Planned Residential Development District, the following described land: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT 12, BROOKSIDE SUBDIVISION 768 FEET; THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Conditions. The Outline Development Plan, Rttached hereto and incorporated herein, is hereby adopted and 1,<.111 serve as a general guideline for the future dE ITelopment and llse of the legally described property. Prior to development and use of the property, preliminary and final developrr.ent plans, and a subdivision plat must be approved in ac(ordance with Wheat Ridge Ordinance No. 983 Series of 1994 Page 2?- Code of Laws, Section 26-25. Right to develop shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. 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 4. 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 5. This ordinance shall take effect 15 final publication. days after INTRODUCED, READ, AND ADOPTED on first reading by a vote of -1L to --..!L on this 11th day of July , 1994, ordered published in full in a newspaper of gen8ral circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Auqust 8 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. August 8, 1994 - READ, ADOPTED by a vote of 1994. Motion by Mr. Edwards to reconsider this after the BOA has rendered * AND ORDERED PUBLISHED on second and final reading 7 to 0 ,this 12th day of December SIGNED by the Mayor on this 13th day of December , 1994. ~J~ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY K~/~~G~~E~-i~~ ~~\TTORNEY 1st Publication: July 19, 1994 2nd Publ ication: December 22, 1994 Wheat Ridge Sentinel Effective Date: January 6, 1995 <pc>Owz946.txt *its decision regarding the flood plain; seconded by Mr. Eafanti; carried 7-0. 11/14/94 - Motion to hold Public Hearing on December 12, 1994; carried 7-0.