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RECORDED IN JEFFERSON COUNTY, COLORADO
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 19-2002
Ordinance No. 1258
Series of 2002
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TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF / ~. /j
CHANGE OF ZONE FROM COMMERCIAL-ONE AND /--
RESIDENTIAL-THREE TO PLANNED MIXED USE
DEVELOPMENT FOR PROPERTY LOCATED AT 5630
WEST 38m 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 Balmar Management, LLC, approval of a zone change m
Wheat Ridge, Colorado, Case No WZ-02-06. and based on a recommendation for approval WIth
condItIOns from the Wheat RIdge Planning CommIssion and pursuant to findings made based on
testimOny and evidence presented at a public hearing before the Wheat Ridge CIty Council.
Wheat Ridge maps are hereby amended to exclude from the CommercIal-One and ResidentIal-
Three Districts and to mclude m the Planned Mixed Use Development zone dIstrIct the followmg
described land.
Lot I, Block I, Balmar Consolidation Plat SubdIVIsion, City of Wheat Ridge. County of
Jefferson. State of Colorado
Section 2. Vested Propertv Rights. Approval of thIs zone change does not create a
vested property rIght. Vested property rIghts may only arise and accrue pursuant to the
provisions of Section 26-121 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 conve11lence
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 Zoning Code
or the applIcation thereof to any person or circumstances shall for any reason be adJusted by a
coun of competent Jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 5. Supersession Clause. If any prOVIsion, requirement or standard establIshed by
this Ordinance is found to conflict with similar provisions. reqUIrements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in eXIstence as of the date
of adoptIOn of thIs Ordinance, the provIsions, reqUIrements and standards herein shall supersede
and prevarl. y--.
Section 6. This ordinance shall take effect ~ days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~
on thIs ~ day of July ,2002. ordered published 111 full in a newspaper of general
circulatIOn m the City of Wheat Ridge and PublIc HearIng and consIderation on final passage set
for August 12 ,2002. at 7'00 o'clock p.m., m the CouncIl Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AN.D ORD~~.~. PUBLISHED on second and final readmg by a
vote of~ to~, thIS l~.tlWlf~(Qr'';AfIgUst ,2002.
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SIGNED by the Mayor on thit~'
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TCHEN CERVENY, MAYOR
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ATTEST.
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APPROVED AS TO FORM BY CITY ATTORNEY
@<..AJ ~. Qai2Q
GERALD DAHL, CITY ATTORNEY
1st PublicatIOn. July 11, 2002
2nd Publtcatlon. August 15, 2002
Wheat Ridge Transcript
Effective Date August 30, 2002
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