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HomeMy WebLinkAboutOrdinance-2001-1218 INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. O~-7001 Ordinance No. --1ill Series of2001 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW THE COLLOCA TION OF CMRS ANTENNAS ON AN EXISTING TOWER IN A RESIDENTIAL-TWO ZONE DISTRICT ON PROPERTY LOeA TED AT 7500 WEST 29th 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 Qwest Wireless, approval of a specIal use permit 111 Wheat Ridge. Colorado, Case No SUP-OO-03 and based upon recommendation for approval WIth conditions from the Wheat RIdge Plannmg Comnl1SSlOn and pursuant to tindmgs based on testimony and eVidence presented at publIc hearIng before the Wheat RIdge City CouncIl. a specIal use permit is hereby granted for the follow111g described land. Lot 1, Block 3, Barth's SubdIvisIOn, exceptIng the north half of the east half of saId lot and the west 6 feet of saId lot therefrom. Section 2. ConditIons. The speCIal use permit be issued to ()west Wireless. Section 3. Vested Property Rights. Approval of thIs specIal use permIt does not create a vested property nght. Vested property nghts may only arIse and accrue pursuant to the provIsIOns of SectIOn 26( G) of the Code of Laws of the CIty of Wheat RIdge 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 ordmance is necessary for the preservatIon of health and safety and for the protectIOn of publIc convemence 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. Severabllity. 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 b) a court of competent Junsdlction IIlvalId, such Judgment shall not affect applIcation to other persons or circumstances. Section 5. SupersessIOn Clause. If any provIsIon, reqUIrement or standard estabhshed by thIs Ordmance IS found to confhct wIth sImilar provIsIons, reqUIrements or standards found elsewhere m the Code of Laws of the CIty of Wheat RIdge, whIch are m eXIstence as of the date of adoptIon of thIs Ordmance, the proVISIOns, reqUIrements and standards herem shall supersede and preVail Section 6. This ordmance shall take effect ~ days after final pubhcauon INTRODUCED, READ, AND ADOPTED on first readmg by a vote 01'----8- to --'L- on this 26th day of February ,2001, ordered published in fullm a newspaper of general CIrculatIOn m the CIty of Wheat RIdge and Public Heanng and consideratIOn on final passage set for M:.-.rrn ?fl ,2001, 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 readmg by a vote of ~ to~, this 26th day of March ,2001 SIGNED by the Mayor on thIS 27th day of March ATTEST vi ~(~, ~ Wanda Sang, CIty C 15t PublIcatIOn. March 2, 2001 2nd PublIcation. March 30, 2001 Wheat Ridge Transcript EffectlVe Date April 14, 2001