HomeMy WebLinkAbout1978 Ordinance No. 013•
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I ?TRODUCED AS A BI LL BY COUNC I LMAN Williams
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BY AUT HORITY
ORD INANCE NO. 13 , SERIES OF 1978.
AN ORDINANCE REZONI NG CERTAIN REAL PROPERTY WITHIN THE CITY OF
E~GLEWOOD, FRO M R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT
I DUSTRIAL DISTRICT , RECITING A WAIVER AND IMPOSING CONDITIONS
THEREON; AMENDIN G T HE ZONING MAP IN ACCORDANCE THEREWITH; AND
PROVIDING FO R T HE RECORDING OF THIS ORDINANCE.
WHE REAS, pursuant to S e ction 22.3 of the Comprehensive
Zoning Ordina nce, public h e arings were held before the City
Planning and Zon i ng Commiss i on on December 20, 1978, January 24,
1978, February 7, 22, 1978, t o re zone a certain parcel of land
within the Ci ty of Englewood R-1-C Res i dential District, to I-1,
Light Industri al Dis t rict; and
WHE REAS, on February 22, 1978, said Planning and Zoning
Commission submi t ted i ts Find i ngs of Fact, Conclusions and
recommended that I-1 Industrial Zoning be denied, "because to
grant said zon i ng would not be i n the best interests of the ad-
joining single fa mily re s i d e n tia l are a"; and
WHE REAS, the City Council directed that a public
hearing be hel d before it on Apri l 10, 1978 with regard to said
rezoning application ; and
WHEREAS , a t said heari ng on said date the Council
received all reports , maps , drawin gs, memoranda, minutes,
findings and all evidence and oth e r ma t ters theretofore pre-
viously considered b y t h e Cit y Planning and Zoning Commission,
and in addition receive d fu rthe r t estimony from the owner and
applicant as well a s other intere s t ed parties; and
WHEREA S, t h e C ity Council hereby adopts and incorporates
h e rein paragraph s No. 1 t h r ug h 17 inclusive of the Findings of
Fact by the City Plan ni ng : ··1 Zoning Commission dated February 22,
1978, a copy of sai d F i nd ~ ·.:s i s attached her e to and made a
part hereof by this refer .~::e ..
WHEREA S, Cit y Council finds and determines that the
public n ece ssity, convenience, he alth, safety and good zoning
pr ctice j ustify the pro posed ame ndment, subject, however, to
a certain Waiver a n d Co nd itio n s hereinafter contained .
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
CITY OF ENG LEWOOD, COLORADO as follows:
S ection 1 . Change of Zone Classification.
Th at the following described real property shall be
r ezoned from R-1-C Residential District, to I-1 Light Industrial
Distr ic t:
Section 2.
Beg i nning at the northerly corner of Lot 44,
Bell Isle Gardens, said point being on the
north line of the SW 1/4, NE 1/4, Sec. 9,
Tws, SS., Range 68 W., of the 6th P.M.,
Arapahoe County, State of Colorado; thence
West along said North line to the City of
Englewood City limits line; thence South
along said line to the South line of West
Tufts Avenue; thence East along the South
line of West Tufts Avenue to the centerline
of the City Ditch; thence Northeasterly along
the centerline of the City Ditch to a point
on the West line of Lot 44, Bell Isle Gardens;
thence North along said West line to the point
of beginning; said parcel containing 6.3 acres,
more or less.
Waiver of Use.
That in his application the owner, Rex T. Garrett,
has r e p r ese nted that if the zoning classification is changed
fr o m R-1 -C to I-1 as hereinabove set out, the said owner and
a pplicant wi ll and h e reby does waive the right to use or occupy
the land o r to use, occupy and e rect thereon any structure or
st r uctures d e signed, erected, altered, used or occupied for the
purpose of , "Automobile Wr e ck i ng Yards" and Junkyards".
Section 3 . Cond i t i ons.
Th e c ond i tions established and approved by the City
Council and impo sed upon the above described real property
classified a s I-1 , Industrial District, shall be as follows:
a. No Build i ng P e rmit shall be issued for the
c onstructi on or installation of any building
or structure on the subject property or any
portion th e reof except in conformance with
a De velopme nt Plan which has been approved
and record e d in compliance with §22.4A of
the Compr e hensive Zoning Ordinance, or
until a subdivision plat has been prepared,
a p p roved and recorded.
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b. The maximum height of any. structure or
building shall not exceed 17 feet above the
natural grade on that portion of the subject ·
land which 1 iea · at an elevation of 5, 34 O • •
·feet or more. The maximum height of any
structure or building below a natural ele-
vation of 5,340 feet, shall not exceed
28 feet in height measured from the natural
grade.
c. There shall be a minimum aet back of 25 feet
from the ·centerline of the City Ditch, and ·
25 feet from the west propert7 ·line of Lot 43,
Bell Isle Gardena, Arapahoe Count7, Colorado,·
w~ichever ia furtherest west, or auch further
distances which may be determined by the City
Engineer and Fire Department but in no event
less than the said 25 feet to the wall of any
building located on the east one-half of the
-· .. ___ --··· subject property. -·---·
d. At each boundary of the subject property
which abut• or ia adjacent to a single-...
family residence district, ~he property .
shall be screened aa provided in the .
Comprehensive Zoning Ordinance or ·aa ·
approved by a recorded Development Plan ·
_or subdivision plat • .
e. Lighting facilities on the property or on
any building or structure located on the
subject property, shall be so arranged
that they will neither shine nor be re-
flected on the adjacent residential properties.
f. No entrance, exit or loading dock shall
be permitted on the east side of anyr
building which is constructed on the east
side of the subject property; nor shall
any parking, storage of equipment, materials
or trash, or access, other than for emergency
vehicles, be permitted in the ar ea east of
said buildings.
g. All outside storage on the sub j ~ct property
shall be enclosed by a solid fence or wall
not less than six (6) nor .more than eight
(8) feet in height, all t~ash collection
centers shall be of a covered type and no
outside storage shall create litter, be a
f ire or health hazard or create any other
form of public nuisance •
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S c i n 4. Zon ·n d.
The official zoning map of t he City shall be and is
hereby ·s a mended to conform to the provisions of Sections 2
and 3 of his Ordinance .
Sect ion 5 . Waiver an d Conditions Binding On Heirs,
Admi n istrators, Executors, Successors
And Assigns.
That the foregoing change in zoning classification is
based upon the F .indings of Fact as herein adopted, and upon the
repres ent ation by the owner and applicant that he will waive
those cert ain rights wh ich may be available to him and in lieu
th ereof agrees to the Waiver and Conditions set forth herein,
which s aid Waiver and Conditions shall be binding upon the
owner, his heirs , admi nistr ator s, executors, successors and
assigns.
Section 6. Ordinance To Be Recorded.
That this Ordinance shall be recorded by the Department -
of Community Development with t he office of the Clerk and Recorder
of Arapahoe County, Colorado.
Introduced, read in f ull and passed on first reading
on the 15th day of May, 1978.
Published as a Bill for an Ordinance on the 17th day
of May, 1978 .
Introduced , read in ful l and passed on first reading
as Ordinance No. 13 , Series of 1978 as amended on the 5th day
of June, 1978 .
PublishP.d as a bill for Ordinance No. 13, Series of
1978 as amended on the 7th day of June, 1978.
Read by Title and passed on final reading on the
19th day of June, 1978 .
Publi shed by Title as Ordinance No.
of 1918 on the 19thday of June , 1978.
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MAYOR
ATTES T:
, Series
I William D . James , do hereby certify that the above and
foregoing is a true, accurate an d complete copy of the Ordinance,
passed on fi nal r eading and published by title as Ordinance No. 13,
Seri es of 1 978.
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