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ORDINANCE NO. 01, Series 2012 INTRODUCED BY: COUNCILOR WIESLEY AN ORDINANCE REZONING CERTAIN LAND, MORE FULLY DESCRIBED HEREIN, KNOWN AS THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 69 WEST FROM DR (DEVELOPING RESOURCE) TO M1 (INDUSTRIAL) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for zoning certain land fully described and depicted on Exhibit A, has been submitted by the applicant to the City; and WHEREAS, the Planning Commission, after a Public Hearing on November 29, 2011 and careful consideration of all relevant facts, has recommended approval of the zoning to the City Council; and WHEREAS, the City Council has held a public hearing concerning the zoning request in conformance with the Lafayette Code of Ordinance; and WHEREAS, the City Council of the City of Lafayette finds that to conform to the Comprehensive Plan, it is in the public interest and reasonably necessary to zone the subject property to M1; and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied withal applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. That the land described and depicted on Exhibit A, shall be rezoned from DR (Developing Resource District) to M1 (Industrial). SECTION 2. That the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette M1. SECTION 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. ---PAGE BREAK--- City of Lafayette Ordinance No. 01, Series 2012 Page 2 SECTION 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 3RD DAY OF JANUARY, 2012. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS 17TH DAY OF JANUARY, 2012. ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, City Clerk CMC Carolyn D. Cutler, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney ---PAGE BREAK--- City of Lafayette Ordinance No. 01, Series 2012 Page 3 EXHIBIT A