HomeMy WebLinkAbout1991 Ordinance No. 027ORDINANCE NO -~ '7
SERIES OF l99r-'-
BY AimlORITi'
10 a
COJNCIL BILL N0.18
lNI'ROOUCID ,W CO.JNCIL
MEl-lllER WIGGl ~S
AN CRDINI\NCE !\NNEXIl~ A 5 .1425 + ACRE PARCEL OF RF.AL PROPERTY 'ID THE CITi'
OF ENGLll·OJO, COI.aWXl.
;'!lERFA5, there is a conm.mity of interest between the area to be
annexed and the City o' Digles.ood , and that said area is urban and capable
of being integrated with the City of Dlglewood; and
l'IHERFAS, in as nu:h as the parcel is an enclave within the boundaries
of the City of Diglewood; and
Wl!ERFAS, the prq,erty to be annexed has been surrounded by the City
of Diglewood for rrore than 3 years; and
1-aiERE/\S, none of the territory surrounding the property is solely
public right-of-way ; and
\·l!IERFAS, the City of Englewood can provide nunicipal services to this
parcel; and
Wl!ERFAS, City Council finds that the prq,osed annexation CXI1plies
with all the "!'Plicable provisions of the Colorado Municipal Annexation Act
of 1965, as airended including C.R. s. 31-12-106;
W~, TIIEREFCRE, BE IT CRllAINID BY THE CITi' CXXJNCIL CF 'lllE CITi' OF
ENGLERXD, COLCru\OO, AS FOLLa-lS:
section 1. The parcel of land located and being part of Arapahoe
County, State of Colorado, as hereinafter described, is eligible for
annexation under the provisions of the Colorado Municipal Annexation Act of
1965, a.G airended , and the sane i s hereby annexed and made a part of the
City of Digle.ood, Colorado.
LC'ts 1-4, Block 1 Mavdon Subdivision ·,:xi,,ther wilh the follawing
described parcel .
A track of land in the SE 1/4 of Secti.:,n 9, T5S, R68W of the 6th
PM ; unincorporated Arapahoe County , Colorado ; nore particularly
described as follc.,,s :
Beginning at a point 1035 • East and 30 • North of the Southwest
corner of said southeast 1 /4 ; thence North 370 '; thence Northwest
287 .91 '; thence south 577.ll'; thence East 200' to begiMing .
Contains 5 .14 25 acres +.
Introduced, read in full, and passed on first reading en the 18th
dlly of March, 1991.
Published as a Bill for an Ordinance rn the 21st day of March, 1991;
published in full in the Englewood Sentinel Cl'l the 28th day of March, 1991,
on the 4th day of April, 1991 and on the 11th day of April, 1991.
Notice of Public Hearing was published in the Englewood Sentinel on
the 28th day of March, 1991, the 4th day of April, 1991, on the 11th day of
April, 1991 and on the 18th day of April, 1991.
A Public Hearing was held on May 6, 1991.
Read by title and passed on final reading en the 6th day of May, 1991.
Published by title as ordinance No . ;ff_, Series of 1990, on the 9th
day of May, 1991.
Loucnshia A. Ellis, Deputy City Clerk
I, Loucrishia A. Ellis. Deputy City Clerk of the City of En,lewood,
Coloraoo, hereby certify tha:-. the above and foregoing is a true a,,. y of the
ordinance passed on final reeding and published by title as ordinaJ'l<-e No.
21J, Series of 1991. ~ ~· . ·g.tl/4
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DATE
March 18, 1991
INITIJITED BY
STAI'!' SOURCE
ISSUB/ACTIOK PROPOSl!D
COUNCIL COMMUNICATION
AGENDA ITEM SUBJECT
11 a & b
City Planning and Zon i ng Conwiaaion
An ne x ation of
Enclaves
Richard s . Wanuah, Director o f Corrrnunity Developme nt
Approve two bills for ordinances &Mexing certairi p ropertiea in south En glawood aa
en cla ve ■ under Section 31-12-106 (1) of t he Municipal Anne xation Act of 1965.
-PREVIOUS COUKCIL ACTION ------. r--
•
The City Council ha ■ received the reconvnendation of the City Planning and zoning
Commiaaion to annex unincorporated propertiea in aouth Englewood whicn are complete-
ly s urrounded by the City. The City Co uncil ha ■ diacuaaed the recommendation of ~he
Commission and hae directed the staff to prepare the document ■ which are necessary
for them to proceed with the annexations.
The City Council also directed staff to notify the owners of the properties in these
unincorporated areas of their intent -co annex, and to provide the ow ners with the
i nformat i on about the annexation procedure .
STAFF ANALY SI S
A commun i t y of interest e xi sts between the areas proposed t o be annexed and the Ci t y
o f Englewood . The se are as are complet ely s u rro unded by the City of Englewoo d a nd
a.re essenti all y integrated with t he City by v i rtue of having sole access t o the
p r o pert ies by way o f Eng le•.,:ood p ubl ic rights-of-way. Further, tho se aervice a wh ic h
a r e prov i ded in common t o al l Englewood citizens would b e a·vailable to the cit i z:e n a
in the enclaves on the same terms and c ond i tions as those serv ices are made ava il -
abl e to the Eng l e wood c it i:.e ns .
:'herefor e , i t is reasonable and pra ctical t hat the properti es \tr,'h i ch !o r m the e n-
claves be annexed by the City . The annexation will elimi nate d u pl -!&t ion of s e rvice
now provided by t he Ar a p ahoe county Law Enfor cement Aut horit y, the Arapahoe Libra ry
District, South Suburban Parks and Recrea t ion Dist rict, and the Litt l eton F ire Pro-
tection District .
UCl<OROlll<D • There are ■ix enclaves that are involved in the a nnexation. Those properties which
are identified aa "Area A" have been the subject of annexation dis c ussions since
197 1. At one point, they were actually in the Cicy and the action to :.one t he prop-
ertie ■ wa• under way . 'the City wa ■ also annexing land to the weet of South Santa Fe
Drive; however, some of the property ow ners in that area c hallenged t he annexation,
Th e Englewo od City c o un cil took the po sition that they were not going to cont inue to
ex pend fund ■ to defend the a n nexat ion action, and the whole th i ng was dropped .
The Planning convniseion continued to reco1TVT1end that the City annex t he propertie1 o n
the east ■ide of Santa Fe a nd in 1986 , i nvited the property owners t o me et with them
to d i ■c u ■• the advantage ■ of annexation.
Since February, 1991, staff has met with affected property owners three time ■• The
ataff invited all of the property owne r ■ in Area ■ A and B to meet with representa-
tive ■ of all of the City Departments in order t hat t hey could a ■k. que ■tiona about
the variou ■ City aervicea. The owner ■ met with the Planning Conwni ■alon on March 5
to di ■cu ■■ t h e z oning of the properti ■■ and other matters about which they had que ■-
tion ■. Thi ■ meeting wa ■ arranged becau ■■ th ■ Annexation Act ritquire ■ that t h ■ an-
nexing munic 1palJ ty bring the annexed ar ■a• under the cover of the c i ty•• zoning
ordinance and z o ning map no later than 90 day■ after the effective date of the A.-
n ■xation Ordinance . In order to comply with the 90 day deadline, th• Planning Co
mission must initiate the zoning action a ■ soon ae poa ■ible""j "Wfid "Oley Wah tittf to di ■
c uss the proposed zoning with the property owners.
The property owner ■ have raised a few concern ■• Many of the buaine ■aea seem to be
concerned with Englewood 's sale ■ and use tax . One c ompany ha ■ thousa nd ■ of dollars
tied up 1.n printing 1992 calendar ■ wit h ita c urrent z.ip coda. Upon annexat ion to
En glewood , this z i p code woul d change. There seem■ to be an indication that the
reaidence s in the area a re amenable to the idea of annexation but desire industr i al
zoning .
FIIIANCIAL
Th e City will be able to colle ct sales a nd use tax f rom the five bus inesses in the
annexatio n a reas following the annexation. At thi ■ time, the City is not privy to
t he records ot these businesses , so there is no estimate of the rever.ue that will be
realized.
The City will also receive the City's p r operty tax levy o n the annexed p r operties.
Ag a in, the precise amount o! the revenue h a s not been figured based on the cu r rent
taxable v alue of the p r opert j e s. The owner ■ will not pay the Englewood debt s ervice
o ! 2 .212 mi lls, hovo:e v er.
I t is estimated that the own ers of the annexed propertie s will r e alize a sav i ngs of
approximately 11 .5 mills by b e ing annexed to the City and by be ing withdrawn fr.
the spec i al districts that now serve them.