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HomeMy WebLinkAboutOrdinance-2004-1325 RECEPTION NO. F ,..:' , '} h r' l.} n F, /1)\ ';;>(1),\ '1 '~2'f~ 1 ,c, PI" 001--003 PO FEE: )0 STHTE DOC.FEE: 0.00 1;,I=:CiJRDED IIMEFFER30N COUNn, COI.JJRnDO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 11-2004 Ordinance No.l31..L Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10135 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ) ,\\ ,I /\ ,. : \J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon applicatIOn by Doctor Mike Freimuth, approval of a rezomn~ in Wheat Ridge, Colorado, Case No WZ-04-01, for property located at 10135 West 381 A venue, and based on a recommendation of approval from the Wheat Ridge Planmng Commission and pursuant to the 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 Residential One District and to include in the Planned Commercial Development zone districts the followmg described land. A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE ALONG THE SOUTH LI.NE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, S890I2'43"W, 350.27 FEET, THENCE LEAVING SAID SOUTH LINE NOoo06'41"W, 30.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF WEST 3 8TH AVENUE AND THE TRUE POINT OF BEGlNNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89012'43"W, 165.28 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. FI276352, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, THE FOLLOWING THREE (3) CONSECUTIVE COURSES 1) THENCE NOoo08'23"W, 140.00 FEET, 2) THENCE S89012'43"W, 75 00 FEET, 3) THENCE NOoo08'23"W, 192.89 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO. 80076775, THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND THE FOLLOWING FOUR (4) CONSECUTIVE COURSES. I) THENCE N45036'3TE, 37.74 FEET, 2) THENCE N78036'3TE, 112.00 FEET, 3) THENCE S49003'23"E, 72.00 FEET, 4) THENCE N73006'37"E, 51.47 FEET, THENCE LEAVING SAID PARCEL OF LAND AND ALONG THE WEST LINE OF A PARCEL OF LAND AS RECORDED AT RECEPTION NO F0913894 SOoo06'41"E, 345.87 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINS 75,370 SQUARE FEET (1 730 ACRES), MORE OR LESS ./) v/ Section 2. Vested Property Rights. Approval of this rezoning 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 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 attamed. Section 4. Severability. If any clause, sentence, paragraph, or part ofthis Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent Jurisdiction mvalid, 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 Ordinaa:e, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 24th day of May, 2004, ordered published in full m a newspaper of general Circulation m the City of Wheat Ridge and Public Hearing and consideratIOn on final passage set for June 14th, 2004, 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 14th day of June ,2004. ATTORNEY 1 st Publication. May 27, 2004 2nd PublicatIOn. June 17, 2004 Wheat Ridge Transcnpt Effective Date' July 2, 2004 e: \pl ann i ng\forms \ord. frm ,2004. /( \ '-'~ APPROVED AS TO FORM BY CITY ,'~- ,,J, " " ..., ,: )