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HomeMy WebLinkAbout2021 Ordinance No. 039 BY AUTHORITY ORDINANCE NO. 39 COUNCIL BILL NO. 38 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING THE “OFFICIAL ZONE DISTRICT MAP” OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, beginning in 2018 the Englewood City Council has been exploring the redevelopment of the CityCenter Englewood; WHEREAS, on August 2, 2021 the Englewood City Council held a public hearing to amend the current CityCenter Englewood zoning from a Planned Unit Development to MU-B-1 Mixed Use Central Business District; WHEREAS, on August 2, 2021 the Englewood City Council held a public hearing to amend the zoning map for the CityCenter Englewood site and additional portions of the MU-B-1 Mixed Use Central Business District to include a Transit Station Area Specific Plan Overlay District; WHEREAS, the amendment to the Official Zoning Map is needed to implement the rezoning of CityCenter Englewood to MU-B-1 Mixed Use Central Business District, and establish the adoption of a Transit Station Area Specific Plan Overlay District for City Center Englewood and additional portions of the MU-B-1 Mixed Use Central Business District; and WHEREAS, the Englewood Planning and Zoning Commission recommended approval of the amendment to the Official Zoning Map at its June 22, 2021 and July 7, 2021 Meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending the Official Zone District Map to reflect the rezoning of CityCenter Englewood and additional portions of the MU-B-1 Central Business District. That map as amended is attached hereto as Exhibit A. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, 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 DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C obtained. This Safety Clause is not intended to affect a Citizen Right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions 5 inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood 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, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the 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. Introduced, read in full, and passed on first reading on the 16th day of August, 2021. Published as a Bill for an Ordinance in the City’s official newspaper on the 19th day of August, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 18th day of August, 2021 for thirty (30) days. Read by Title and passed on final reading on the 7th day of September, 2021. Published by Title in the City’s official newspaper as Ordinance No. 39, Series of 2021, on the 10th day of September, 2021. Published by title on the City’s official website beginning on the 9th day of September, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 39, Series of 2021. Stephanie Carlile DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C Area 1 (CityCenter): Rezone from PUD Planned Unit Development to MU-B-1 Mixed Use Central Business District BEGINNING at the intersection of the centerlines of South Elati Street and U.S. Highway 285; thence westerly along the centerline of U.S. Highway 285 to its intersection with the southwesterly prolongation of the west line of Englewood CityCenter Filing No. 1; thence northeasterly along said prolonged line and the west line of Englewood CityCenter Filing No. 1 to a point on the north line of said subdivision; thence generally easterly and southerly along the exterior of said subdivision, namely, the exterior lines of Lot 1 (Block 1), Tract E (north line), Tract A, Tract E (east line), Lot 1 (Block 5), and Tract D, to the northwest corner of the South half of the Southwest quarter of Section 34, Township 4 South, Range 68 West of the 6th P.M.; thence continuing easterly along the north line of said South half of the Southwest quarter to its intersection with centerline of South Elati Street; thence southerly along said centerline to its intersection with the centerline of U.S. Highway 285, also being the Point of Beginning. DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C Exhibit A Area 1 and Area 2 combined: Adoption of Englewood TSA Specific Plan Overlay District BEGINNING at the intersection of the centerlines of South Elati Street and U.S. Highway 285; thence westerly along the centerline of U.S. Highway 285 to its intersection with the southwesterly prolongation of the west line of Englewood CityCenter Filing No. 1; thence northeasterly along said prolonged line and the west line of Englewood CityCenter Filing No. 1 to a point on the north line of said subdivision; thence generally easterly and southerly along the exterior of said subdivision, namely, the exterior lines of Lot 1 (Block 1), Tract E (north line), Tract A, Tract E (east line), Lot 1 (Block 5), and Tract D, to the northwest corner of the South half of the Southwest quarter of Section 34, Township 4 South, Range 68 West of the 6th P.M.; thence continuing easterly along the north line of said South half of Southwest quarter to its intersection with the centerline of South Bannock Street; thence southerly along the centerline of South Bannock Street to its intersection with the centerline of Englewood Parkway; thence southeasterly and easterly along the centerline of Englewood Parkway (also being a reverse curve) to its intersection with the centerline of South Acoma Street; thence southerly along the centerline of South Acoma Street a distance of 622 feet, more or less; thence westerly to a point on the west right-of-way line of South Acoma Street; thence continuing westerly 93.00 feet to a point; thence northwesterly 56.92 feet to a point; thence westerly 142.00 feet to a point on the west line of Lot 21, Flood's Addition to Englewood; thence southerly along said west line 32.00 feet to the southwest corner of said Lot 21; thence westerly to the intersection with the extended centerline of South Bannock Street; thence southerly along the extended centerline of South Bannock Street to its intersection with the centerline of U.S. Highway 285; thence northwesterly and westerly along said centerline to its intersection with the centerline of South Elati Street, also being the Point of Beginning. DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C DocuSign Envelope ID: CE6F21B6-0E0B-4986-A643-7CED89A8856C