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HomeMy WebLinkAbout1991 Ordinance No. 028CRDINAIICE N0,)_2- SEJU.ES OF 1991°" BY l\tmlOR I T'i 10 b COONCIL BILL NO. 19 INI'RCXlUCED BY cnJNCIL MEMBER WI~rns AN CRDINI\NCE ANNDCING 5 PAOCELS OF REI\L PlaERTY 'l'O THE CIT'{ OF ENGLD-!XO, COLCIW)(). l'll!EREI\S, there is a camuni ty of interest between the area to be annexed and the City of Englewood, and that said area is urban and capable of being integrated with the City of Engle,,uod; and WIIEREI\S, in a.~ nuch as the parcel is an enclave within the boundaries of the City of Englewood; and l'll!ERE1\S, the ptq>E!rty to be annexed has been surrounded by the City of Englewood for ncre than 3 years; and Wl!ERFAS, none of the territory surroonding the property is solely public right-<>f-way; and l'll!ERFAS, the City of Englewood can provide llllnicipa]. services to this parcel; and Wl!ERDS, City Council finds that the ~ annexation carplies with all the ~l i cable provisions of the Coloracx, !uri.cipa]. Annexation l\ct of 1965, as llll!!lldad including C.R.S. 31-12-106; N(JII, Tl!l!REFClm, BE 1T ClmllINED BY THE CITY <XlH:IL CF THE CITY CF ~, CXl£IWJO, AS FOLLCKS: Section l. nie parcel of land located and being part of Arapahoe County, State of Coloraoo, as hereinafter descrilled, is eligible for ai .nexation under the provisions of the Coloraoo Municipal Annexation Act of 1965, as mended, and the SIIIDB is hereby annex,.~ and made a part of the City of Englewood, Coloraoo. ~: Beginning 662 . 1 feet North and 87 feet East of the SW Corner of the NE 1 /4 of Section 9, TSS, R68W of the 6th P.M.; thence North 220 ft; thence West 264.2 feet, m:,re of less, to the centerline o f South l'lindernere Street; thence Southwest erly along said centerline of South Windemere Street 222 . 7 feet; thence East 30 7 . 8 feet, m::ire or less, to the point of beginning, containing l. 4 4 4 acres , rrore or less . -l - ~: Lots 1-4, Block 1, Bell Isle Gardens Second Filing, Arapahoe eounty, Colorado and that portion of adjacent streets czscribed as : Beginning at the !,'W Corner of Lot 1 , Block l; thence North 10 f eet; thence F.ast ~69 feet ; thence south 135 feet ; thence West 25 f eet to the SW Corn& of Lot 4 , Block l ; thence North along the F.ast line of Lot 4 to the NE Corner of Lot 4 ; thence tlest along the North line of Lots 4-1 to the point of beginning, containing 0. 834 acres, m:,re or less. ~: All of Lot 12 and that part of Lot 13, Bell Isle Gardens, Arapahoe County , Colora do describes as: Beginning !It the NI-I Corner of Lot 13; thence Southeasterly along the West line of said Lot 13 165. 74 feet; thence East 154 feet to the f'..ast line of said Lot 13; thence Northwesterly along said East line 165. 74 feet to the North line of said Lot 13; thence East 154 feet to beginning, containing l.196 acres, m::,re or less. ~: 'lllat part of Lot 13, Bell Isle Gardens, Arapahoe County, Coloraoo described as: Beginning !It a point a, the West line of said Lot 13 which lies 265 . 74 feet Southeasterly fra1l the NW Corner of said Lot 13; thence Southeasterly along said West line of Lot 13 313.40 feet; thence East 99.6 feet, nme or less , to the East line of said Lot 13; thence northeasterly along said F.ast line 129.4 feet; thence llOt'tfflMSterly and along said East line 100 feet; thence Northwesterly along said East line 86 feet; thence West 154 feet to beginning, caitaining 0.990 acres, m:,re or less. PAACEL E: Lot 4 , Bell Isle Gardens, Arapahoe eounty, Coloraoo containing l.076 acres, m:,re or less. Introduced, read in full , and passed on first reading a, the 18th day of March, 1991. Published as a Bill for an Ordinance a, the 21st day of March, 1991; published in full in the Englewood Sentinel oo the 28th day of Marc h , 1991, on the 4th day of l\pril , 1991 and on the 11th day of l\pril, 1991. !lot.ice of Public Hearing """' published in the Ehglewood Sentinel a, the 28th day of March, 1991, the 4th day of l\pril, 1991 , on the 11th day of April, 1991 and on the 18th day of l\pril, 1991 A Public Hearing was held on May 6, 1991. -2 - , . Ready by title and passed oo final reading a, the 6th day of May, 1991. Published by title as Ordinance No. dB:_, Series of 1990, on the 9th day of Hay, 1991. /4 ~/~ ::>susan Van Oj~ i I, Loucrishia A. Ellis, Deputy City Clerk of the City of ~glewood, C.Ol orado, hereby certify that the above and foregoing is a true <X1f1Y of the 91;,_dinance passed oo final reading and p,blished by title as Ordinance No .~. Series of 1991. ~Ju~u { J '&It;, c.<,Louc!"--"'"r"'~l"i'"'f-a""'=!A"'.~fu~-..Is=- -3 - lt ~ a: !I: "' ij .. ID "' I!? a: ~ .... ~ .. ID a: ~•"" N I: ... ;;; .. a: I!? lt "' N .. .. I!? II: I: I! ., .. 2! II: March 18, 1991 INITIATED BY STAFF SOURCP! ISSUE/ACTION PROPOSED COU'NCIL ::OMHUNICATION A'.)f: roA I TEH Sll11JECT 11 a , t- Ci t y Planning a nd Zoning commiaaion Annexation of Encl aves Richard s. Wanuah, Director of Comm un ity Deve l opment Approve two bill ■ f or ordinances annexing certain properties in south Englewood as encla,·ea under Section 31-12-106 (1) of the Hunic l pal 1'nnexat ion Act of 1965. -------. c:--:--. The City Council ha• received the reconvnendation of t he City Planning and Zoning Commi ■eion to annex unincorpora ted propertie ■ in eouth Englewood which are complete- ly aurrou nded by the City . The City Council has dlacus sed t he reconvnendation o f the Cormaiaaion and h aa directed the staff t o prepare the document s which are necessa ry for them to proceed with the annexatio;;s. The City Council also d.1.-·ected staff to no':.ify the own ers o f the properties in t hese uninc1·rporated areas ~f their intent to annex, and to provide t he owners with tho informat ion about .. , annexation procedure. STAPP' ANALYSIS A COffVl\unity of interest exists between the areas proposed to be an ne xed and the City of Englewood. These areas are completely s urrounded by the City of Englewood and are essentially integrated with the City by vi rtue of havi ng sole a ccess to t he propert lee by way of Englewood public r ighte -of-way. Further, those services which are provided in common to all Englewood citizens would be a'vailable to the citizens i n the enclaves on the same terms and conditions as those services are made avail- able to the Englewood citizens . Th ~core , it io reasonable and practical that the prope rties whi c h f o rm tho en- claves be annexed by the City. The annexation will eliminate duplication of service • now p rovided by the Ara pahoe County Law Enforcement Au t ho rity , the Arapahoe Library District, So uth Suburba n Parks and Recreation District , a nd the L itt l eton Fire Pro- tection District. B~CKOROUND There are aix enclaves that are involved in the annexation. Thone propert ies wh ich are identified a ■ "Area A" have been the ■ubject of annexation diacuasiona s ince 1971, At one point, they were actually in the City and the act ion to zone the prop- erties wa ■ under way . The City waa also annexing land to the west o! South Santa Fe Dr ive, however, aome of the proper t y owners in that area challenged t he annexation. The Englewood City Counc i l t o ok the position that they were not going to continue to axpend fund ■ to defend th ■ annexation action, and the whole thing wae dropped . The Planning Conraia ■ion continued to recorrrn.tnd that the Ci ty a..nnex the properties on the eaat aide of Santa Fe and in 1986, lnv .'.ted the property o wners to meet with them to di ■cu ■■ the advantage• of annexation. Since February, 1991 , ■taff ha ■ met with affected property owner ■ three time ■• The ■taff invited all of the property owner ■ in Area ■ A and B to meet with representa- tivea of all of the City Department• in order that they could aak questions about the various City ■ervices. The ownera met with the Planning Conwni ■aion on Harch S to di a cu ■■ the zoning of the properties and other mattera about which they had ques- tions . Thie meeting was arranged because the Annexation Act requires that t he an- nexing ·Tlunicipality bri ng the annexe d area• under the cover of the c ity ' a z.oning ordinance and zoning map no later tha n 90 days after the effective date of the An- nexation Ordinance. In order to comply with tha 90 day deadline, the Planning com- mia ■ion muat initiate the zoning action a ■ aoon •• po ■■ibla-;'" "lnd·1:hey ·wantad to di ■- cua ■ the propo ■ad zoning with the property owners. The property ownera have raised a few concerna. Many of the b usinesses s eem to be concerned with Englewood' a aalea and use tax. One company has thousands of dollar o tied up in printing 1992 calendars with its current zip code. Upon annexation to Englewood, this zip code would change. There seems to be an indication that the re ■idencea in t he area are amenable to t he idea of annexation but desire industrial zon i ng. FINANCIJ\L The City will be able t o collect sales and use tax from the five businesses i n the annexation areas f ollowing t he annexation. At this time, the City is no t privy to the records o f these businesses, s o t here is no estimate of the revenu e that will be realizod . The City will also receive the City• s prope rty t ax levy o n he annexed properties. 1\gain, t he precise amo unt o! the revenue has not been figured b a sed on the current taxa bl e va lue of the prope rties. The owne rs wi ll not pay the Englewood debt service o f 2,21 2 mills, however. It is ea~imated t ha t the owners of the annexed properties will realize a aavingo of approximately 11. S mills by being annexed to the Cit· and t"-y being withdrawn from the special districts that now serve them.