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HomeMy WebLinkAboutOrdinance-2000-1180 INTRODUCED BY COUNCIL MEMBER <:;i 1 lOr Council Bill No. 35 Ordinance No. 1180 Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW THE CO- LOCATION OF A COMMERCIAL MOBILE RADIO SERVICE ANTENNA (CRMS) ON AN EXISTING U.S. WEST MONOPOLE LOCATED AT 3900 WADSWORTH BOULEV ARD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (SUP-99-02) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Upon application by SBA Communications CorporatIOn for Sprint Spectrum, L.P , for approval of a speCIal use permIt In Wheat RIdge, Colorado, Case No, SUP-99-02, based on recommendatIon for approval with conditions from the Wheat RIdge Planning CommIssIon and pursuant to findIngs made based on testimony and eVIdence presented at public heanng before the Wheat RIdge City CouncIl, a SpeCIal Use Permit to allow the co-locatIOn of a CRMS antenna at 3900 Wadsworth Boulevard (Wheat RIdge Market Place) IS hereby approved for the follOWIng described land: LOTS 4 AND 5, BLOCK I, WHEAT RIDGE MARKET PLACE SUBDIVISION, 1 ST FILING, RE-SUBDIVISION OF PARK AND SHOP SUBDIVISION 1 ST AMENDMENT AND SUBDIVISION OF SE/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6T11 PM AS RECORDED IN PLAT BOOK 127 AT PAGES 10 AND 11 AS RECEPTION NUMBER FO 1562707 ON DECEMBER 8, 1995, STATE OF COLORADO SectIOn 2. Conditions. ') ~. That the Special Use PermIt be granted to Spnnt Spectrum, L.P That the servIce lights be directed away from areas to the east. No additional heIght be added to the monopole. 3 SectIon 3. Vested Prooerty RIghts. Approval of thIS special use permIt does not create a vested property right. This speCIal use IS approved subJect to the revocatIOn and termination provIsions of OrdInance 945, Senes of 1993 SectIon 4. Safetv 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. Severabllltv. If any clause, sentence, paragraph. or part of thIs Zomng Code or the applIcatIOn thereof to any person or cIrcumstances shall for any reason be adjusted by a court of competent jurisdIction invalId, such Judgment shall not affect applicatIon to other persons or circumstances. SectIon 6. SupersessIOn Clause. If any proVIsIon. reqUIrement or standard establIshed by thIS Ordinance IS found to conflict WIth similar provisions, requirements or standards found elsewhere III the Code of Laws ofthe CIty of Wheat RIdge, whIch are III existence as of the date of adoption of thIS Ordinance. the provisions, reqUIrements and standards hereIn shall supersede and preVaIl SectIon 7. This ordInance shall take effect 15 days after final publIcatIOn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 22nd day of November , 1999. ordered publIshed in full III a newspaper of general CIrculation in the CIty of Wheat Ridge and PublIc Hearing and conSIderation on final passage set for T'1nllary 10. 20GO at 7'00 o'clock p.m.. III the CouncIl Chambers. 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ---.JL to~. thIS 10th day of January , 2000. SIGNED by the Mayor on thIS ~ day of ATTEST Wanda Sang, CIty Clerk. '. ~. I. .l :\_~ :,';' PublIshed. 1 st PublicatIon 2nd PublicatIon. Effective Date Wheat Ridge Transcnpt December 3, 1999 January 14, 2000 January 29, 2000 C ,Barbara\CCRPTS'\RI.:SO-()RD\SUP<)002.WPD