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Home My WebLink About1961 Ordinance No. 010Introduced as a Bill by Councilman Woods BY AUTHORITY ORDINANCE NO. 10, SERIES OF 1961 AN ORDINANCE REPEALING SECTION 7 OF ARTICLE I OF ORDINANCE NO. 45, SERIES OF 1955fi AS AMENDED, OF THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE 'ZONING ORDINANCE OF THE CITY OF ENGLEWOOD", AND SUBSTITUTING THEREFOR A NEW SECTION 7 RELATIVE TO THE ZONING OF AREAS ANNEXED TO SAID CITY. WHEREAS, pursuant to ordinance, the City Planning and Zoning Commission of the City of Englewood, Colorado, has duly held public hearing on a certain pro- posed amendment to Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of Englewood, Colorado, known as the "Zoning Ordinance of the City of Englewood", and has made recommendation of the adoption of an ordinance embodying said amendment; and, WHEREAS, public notice has been given of such proposed change in the Zoning Ordinance by one publication in the Englewood Herald and Enterprise, a newspaper of general circulation within the City and the official newspaper of the City, at least fifteen (15) days before the public hearing on such change in the Zoning Ordinance, as required by ordinance; and, WHEREAS, public hearing was held pursuant to the aforesaid notice by the City Council of the City of Englewood in the Council Chambers of the City Hall, 3345 South Bannock Street, Englewood, Colorado, on the 20th day of March, A.D. 1961, at the hour of 8:00 P.M., at which hearing 71 persons appeared to protest or oppose the proposed change in the Zoning Ordinance; and, WHEREAS, the public necessity, convenience, general welfare and good ~oning practices justify the proposed amendment to the Zoning Ordinance as 'herein- after set forth: NOW l'HBBEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section 7 of Article I of Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of Englewood, Colorado, known as the "Zoning Ordinance of the City of Englewood, relative to the zoning of annexed areas, is hereby repealed and the following section is hereby substituted therefor: "Section 7 --ZONING OF ANNEXED AREAS. Any area hereafter annexed to the City of Englewood, Colorado, shall immediately, upon such annexation, be classifed as an R-1-A --Residence District --{subject to subsequent change and amendment, pursuant to Article III of this ordinance), unless in the course of such annexation a different zoning classification for part, parts, or all of such area is set forth in the resolution of the City Council accepting the petition for annexation of such area and established in the ordinance of the City Council approving the annexation of such area, as such may be adopted by the City Council, in accordance with the statutes of the State of Colorado; pro- vided that, every and any such different zoning (other than R-1-A) accomplished by and included in such resolution and ordinance of annexation shall be in compliance with the following procedures, as applicable: "(a) Every petition filed with, and favorably considered by the City Council, for annexation of territory to the City of Englewood, Colorado, shall be referred by the City Council to the City Attorney, who shall promptly prepare and submit to said City Council his written report as to the legal sufficiency of such petition. In the event such petition is determined to be legally sufficient, the City Attorney shall transmit to the City Planning and Zoning Commission such petition, all documents accompanying the same, and his opinion relative thereto. II ( b) petition Planning ation. The Council may, in its discretion, submit any such for annexation to the City Attorney and the City and Zoning Commission for their concurrent consider- "(c) Upon receipt of any such petition for annexation from the City Attorney, or upon directive from the City Council to consider such petition relative to the zoning provisions thereof, the City Planning and Zoning Commission shall examine the same without unnecessary delay, and within a reasonable time after due consideration thereof and public hearing thereon, shall pre- pare and transmit to the City Council a written report containing its recommendations to the City Council as to the zoning classifi- cation or classifications of the land areas included in such petition and the City Planning and Zoning Commission's I I I recommendations as t o any other features of land useoovering the general vicinity of such t erri t ory. The recommendations of the City Planning and Zoning Commission shall not be binding on the City Council; provided, however, that no resolution accepting a petition fo r a nnexation shall be adopted by the City Council wherein the petitioners . r-equest zoning classification other than R-1-A -- Re sidence District --unless the same shall have been first submitted to the City Pl anning and Zoning Commission for its examination and recommendati ons as herein set forth. "(d) Eve ry ordinance approvins and completing (but not r esolutions ac c e pting petitions for) annexation of territory to the City of Engl ewood which specifically provides for zoning of any part of the land i nvolved to a use classification other than R-1-A -- Residence Dist ri c t --sha l l be fully subject to the provisions of the 'Zoning Ordinan c e of the City of Englewood' relative to public notice (Subsection 62 of Sec t ion 5 of Article I) and those relative to protest by adjacent owners (Subsection 4 of Section 3 of Article III), including the requiremen t of a higher fraction of favorable votes of tQe City Council . "(e) Th e City Council may, but need not accept any annexation pe tition whic h requires, as a condition precedent to the effectiveness of the anne xa ti on, that part, parts or all of the land area included in s a id petition be zoned under one or more use district classifications, as specified by t he signer or signers of the petition, other than R-1-A Residence Dist rict . Every such petition which includes or is a ccompanied b y such a requirement constituting a condition precedent to the consent of t he petitioner or petitioners shall be subject to the following: "(l ) If the City Council shall accept such petition, the acception resolution adopted shall set forth the zoning plan requested by the petitioner or petitioners as to the area proposed to be annexed, or part or parts thereof, describing same as the area or areas comprised within said petition wil l be zoned if the annexation is com- pleted. "(2) Thereafter, i f the City Council shall proceed t o consider a b ill for an ordinance and an ordinance appro v ing and completing the annexation, such bill for an ordinance and ordinance shall, if adopted , by the City Council, contain and establish the identical zoning use classifications o f part, parts or all of the area being annexed, as requested b y the petitioner or petitioners and as set forth in the acceptance resolution." Section 2 . Th e City Council hereby finds, determines and declares that the immediate amendment of Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of Englewood, Colorado, known as the "Zoning Ordinance of the City of Englewood", to provide for a combined procedure for annexation and zoning of areas annexed to the City of Eng l ewood, is necessary for the preservation of public property, health , peace and safe t y, and that an emergency exists and this ordinance shall take effect upon passage. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 20th da y of March, A.D. 1 9 61, and ordered published in full in the Englewood Herald and En t erprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 3rd day of April, A.D. 1 9 61, and ordered published in full in the Englewood Herald and Enterprise. £ ATTEST: CITY CLERK I , B. o. Beausang, Ci t y Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do he reby certify tha t the above and foregoing ordinance was intro- duced, read, passed and o rdered published as a bill in the Englewood Herald and Enter- prise at a r egular meeti ng of the City Council held on the 20th day of March, A.D. 1961, and that at l e ast 7 d a y s after above publi c ation as a bill the above ordinance was approved, adopted and o rdered published in said legal newspaper by the City Council at a regular meeting held on the 3 rd day of April, A.D. 1961, as Ordinance No. 10, Series of 1Q61, of said City. ATTEST: SEAL CITY CLERK-TREASURER 361