HomeMy WebLinkAboutOrdinance-2002-1242
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Hanley
CounCIl Bill No. 02-2002
Ordinance No. 1242
Series of 2002
TITLE
AN ORDINANCE REPEALING A ZONING CONDITION
IMPOSED BY ORDINANCE NO. 443
WHEREAS, by Ordinance No. 443 in Zoning Case No WZ-80-28, the City
Council imposed a zoning condition upon real property located in the City at 4455
Simms Street, 11641 W. 44th Avenue, 11661 W 44th Avenue, 11680 W 46th
Avenue, 11690 W 46th Avenue and vacant property located south of 11680 and
11690 W 46th Avenue (hereinafter, the "Subject Property"), which property is
more particularly described on Exhibit A, attached hereto and fully incorporated
herein by this reference, and
WHEREAS, said zoning condition (hereinafter the "Ordinance 443 Condition")
provided substantially as follows. "Prior to issuance of any building permits for new
construction, the subject property legally described in Section 1 [referring to the
legal description of the property in the ordinance, which property is the same as
the Subject Property herein] above shall be platted in order to achieve a unified
design which illustrates external and internal circulation and access points onto
public or private roadways, and which illustrates building envelopes. " , and
WHEREAS, the owners of the Subject Property have properly requested,
pursuant to the applicable procedure in Section 26-112(B) of the Wheat Ridge Code
of Laws that the Ordinance 443 Condition be removed, and
WHEREAS, following notice and public hearing as required by the Code of
Laws, the City Council has determined, in Case No. WZ-01-03, that the criteria for
a zoning change in the form of the removal of the Ordinance 443 Condition have
been met and that said condition should be removed from the Subject Property; and
WHEREAS, the Council by this reference incorporates herein the record of
the public hearing before the Council, including the staff report and the findings
made by the Council in Case No. WZ-01-03
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1, Zoning Condition Repealed The zoning condition imposed upon
the Subject Property by Ordinance No 443 and referred to herein as the "Ordinance
443 Condition" is hereby removed and repealed in its entirety.
Section 2 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 3. Severability; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise Invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 14th day of January , 2002, 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 February 11 , 2002, 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 8 to 0 ,this 11 th day of February , 2002.
SIGNED by the Mayor on this
12th day of February
,2002
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ATTEST'
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Wanda Sang, City Cterj(
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Gerald E. Dahl, City Attorney
First Publication. January 17, 2002
Second Publication. February 14, 2002
Wheat Ridge Transcript
2
Effective Date' March 1, 2002
Exhibit A: Legal Description of Subject Property
[attached]
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EXHIBIT A
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ExhibIt A. Legal DescrIptlon of Subject Property
THAT PORTION OF LOTS 13 AND 14, LEE'S SUBDIVISION, A SUBDIVISION
RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER
IN PLAT BOOK 2 AT PAGE 23, CITY OF WHEAT RIDGE, JEFFERSON COUNTY,
COLORADO DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 20. TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE N 00 31'29"'W ,
ON AN ASSUMED BEARING ALONG THE EAST LINE OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 20, A DlST ANCE OF 653.34 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 13 AND THE TRUE POINT OF BEGINNING, THENCI::
CONTINUING N 00031'29''W ALONG THE EAST LINES OF SAID LOTS 13 AND 14, A
DISTANCE OF 665.36 FEET TO THE SOUTH RIGlIT-OF-WA Y LINE OF WEST 46111
AVENUE AS MONUMENTED; THENCE S 89011 '17"W ALONG SAID SOUTH RIGHT-OF-
WAY LINE A DISTANCE OF 331 16 FEET TO THE NORTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 91045584 OF THE JEFFERSON
COUNTY RECORDS, THENCE S 00048'43''E A DISTANCE OF 85 00 FEET TO THE
SOUTHEAST CORNER OF SAID TRACT, THENCE S 00029'30''E.. ALONG THE EAST
LINE OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 92112784 OF
THE JEFFERSON COUNTY RECORDS, A DISTANCE OF 374 98 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT, THENCE N 89010'15"E. ALONG THE SOUTH
LINE OF SAID TRACT A DISTANCE OF 9 03 FEET TO A POINT ON THE WEST LINE OF
THE EAST ONE-HALF OF SAID LOT 13, THENCE S 00029'30"E. ALONG SAID WEST
LINE, A DISTANCE OF 205 07 FEET TO THE SOUTHWEST CORNER OF THE EAST
ONE-HALF OF SAID LOT 13, THENCE N 89014'37"W ALONG THE SOUTH LINE OF
SAID LOT 13, A DISTANCE OF 322.04 FEET TO THE TRUE POINT OF BEGINNING