HomeMy WebLinkAbout1991 Ordinance No. 041I CIIDINANCE NO . ,t//
SERIES CF l99r
BY l\UTIIOOITY
COONCIL BILT, NO, 44
INI'ROOOCID Bl' OXJNCIL
MEMBER WIGGINS
AN CIIDINJ\NCE za;rn::; PROPERTIES I\NNEXED TO THE CI': l CF l'NGLEKXD,
WHEREAS, the City o f E)igll!l,OQd annexed these properties to the City
of E)igll!l,OQd by passing Ordinance No. 27 and Ordinance No. 28, Serie~ of
1991; and
WHEREAS, the !lll1leX propertie s shall be zoned as designated by the
City of Dlglewood; Md
WHEREAS, the prcpoeed zoning shall be, effective a,ly after the Public
Hearing and ar-propriate findings ;
NOH, ~, BE IT CJUllUNED BY THE CITY CXXJOCIL CF THE CITY CF
J:N;LEN:JCO, CXl£RAOO, l\S FCLI.OiS:
Sectian 1. The properties to be zoned were annexed to the City of
Digle>oood by the ?,Usage of Ordinance No. 27 and Ordinance No. 2B, Series
of 1991. The City of Digle,o:,od :r.ones the newly annexed properties as
follows:
A. J\REA l : Shall be zoned as B-2, aisiness .
Legally defined as:
Lots 1-4, Bloclt 1, Mavdon SUbdivisioo, together with the fol-
lowing described parcel:
A tract of land in the SE 1/4 of Section 9, T5S, R68W of the
6th P .M.; Arapahoe County, Colorado; 1TOre particularly
described as follows :
BegiMing at a point 1035' East and 30' North of the
Southw.'!St corner o f said Southeast 1/ 4; thence North
370' ; t.'lence Northwest 287 . 91' ; hence South 577 .11';
thence F.i.1St 200' to beginning, together with one-half
o f the ad~acent street.
B. ARFA 2 : Shall be zonec as R-1--C , Single-family Resi :lence.
Legally defined as:
All of Lot 12 and that part of Lot 13, Bell Isle Gardens,
Arapahoe county, Colorado , desr,ribed as:
Beginning at the N\1 Comer of Lot 13 , thence Southeast-
erly along the West line o f said Lot 13 16 5 . 74 feet;
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,..nd
thence East 154 feet t,, the East line of said Lot 13;
thence Nort!M!sterly along said East line 165. 74 feet
to the North line of said Lot 13; thence We&t 154 feet
to beginning, together with ooe-half of the adjacent
s treets .
That part of Lot 13, Bell Isle Garrens, Arapahoe County,
Colorado, described as:
Beginning at a point a, the West line of said Lot 13
which lies 265. 74 feet Southeasterly fron the NW Cbrner
of said Lot 13; thence Southeasterly along said West
l ine of Lot 13 313.40 feet; thence East 99.6 feet, rrore
or lass, to the East line of said Lot 13, thence rorth-
easterly along said East line 129.4 feet; thence oorth-
westerly along said East line 100 feet; thence North-
westerly along said East line 86 feet; thence West 154
feet to begi.nning, together with one-half of the
adjacent stn,,,t .
C. ARFA 3: Shall be !aled as I-1, Light Incllst.rW.
Legally defined as:
Lot 4 , Bell Isle Gardens, Arapahoe County, together with one-
half of the adjacent iltreet.
and
and
Beginning 662.1 feet North and 87 feet East of the SW
Corner of the NE 1/4 of sectia, 9 , TSS, R68W of the 6th
P .M .; thence North 220 ft.; thence West 265.2 ft., rrore
or less, to the centerline of South Windemere Street;
thence Soot.hwester y along said centerline of Sooth
Windemere Street 222.7 ft.; thence F.ast 307.8 ft.,
m:ire or less, to the point of beqiMin.;J.
r -.ts l-4, Block 1, Bell Isle Gar&ns Second Filing, Arapahoe
Coun ty, Colorado and that portia, of adj acent streets
'1escribed as:
Beginning at the NW Corner of Lot 1, J lock 1; thence
North 10 feet; thence East 269 f eet; thence Sooth 135
feet ; thence I-lest 25 feet to the SW Corne r of Lot 4,
Block l; thence North along the East line o f Lot 4 to
the NE Corner o f Lot 4; thence West along the North
line of Lots 4-1 t o the point of beginning.
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Introduced, read in full, and passed on firs t reading oo the 17th day
of June, 1991.
Published as a Bill for an Ordinance on the 20th day of June , 19 91.
A Public Hearing will be oold on Jilly 15, 1991.
Read by title and passed on fina l reading oo the 15th day of July, 1991.
Publisl-P-d by title as Ordinance No. -0', series of 1991, on the 18th
day of July, 1991. -
~-~~l S\lsan Van Dy , yor
I , Patricia B. era,,, City Clerk of the City of fnJll!l«lOd, Coloraoo,
hereby certify that the abcll'I!! and ·foregoing is a ti:ue copy of the Ordinance
passed on final reading and published by title as Ordinance No. ~. Series
of 1991. ,,,-;;; . .
~;._,d/.~
Patricia B. Crow
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Pr-nexation Area A
Proposed Zoning
~ Area 2 : A-1-C Single Famlly
{{ Ar•• 3: 1-1 Light Industrial
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STAFF REPORT
CASE HO, 3-91
STAFF REPORT RE:
PUBLIC HEARING
_ ANNEXATION Af'EA ZOHIHG
The zonl ng of sever a 1 parce 1 s of lan d annexed to the C lty of Englewood.
DATE TO BE CONSIDERED:
June 4, 1991
PROCEDURE:
The Planning Commission Is required to hold a Public Hearing on the proposed
zone designations . The recommendation of the Planning Commission to approve or
deny the zone designations must be forwarded to City Council. City Council
will hold a Public hearing on the proposed ~une designations before making the
final decision .
DEPARTMENT OF COIIIIUNIT Y DEVELOPHEHT ANALYSIS:
The properties that are the subject of this zoning action were annexed to the
City In Hay, 1991 by Ordinance No . 27 and Ho . 28, Series of 1991. Thi 1965
Municipal Annexation Act requires that within ninety days of the effective
date of an annexation, the annexed property shall be zoned.
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Within the process of determining the appropriate zone classification to be -
placed upon annexed property, consideration must be 9iv1n to how to achitvt a
balance between the legiti mate needs of the property owners and those oi' the
City, For the subject properties, the following issues were considered:
Existing land use and zoning of the subject property prior
to annexation .
Consistency of existing land uses with adjacent properties
and with the Englew ood Comprehensive Plan.
Consistency of previous Arapahoe County zoning with the
proposed Englewo od zoning.
The staff has analyzed the recently annexed areas In l l ght of the above ·is-
sues, and proposes the following zone cla ssi fications. (See attached maps.)
Parcel A. I and A.5
Arapahoe County Zoning
Proposed Eng 1 ewood Zan Ing
1-2, Heavy Industrial
1-1, Light Indust ria l
Th e existing manufac tur ing uses of these properties, while zoned for huvy
Indus trial use by the County, art ~omp at lble with Englewood 's Light Ind ust rial
classification . The pr operties are located within the South Santa Fe Drive
1 l ght industrial corridor, and thus such zoning would be cons i stent with adja-
cent propert les.
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STAFF REPORT
CASE NO . 3-9 1
Parcel A. 2
Arapahoe County Zoning
Proposed Englewood Zoning
PUBLIC HEARING
ANNEXATION AREA ZONING
R-3, Single -fam ily Residence
B-2/P.O ., Business/Planned
Oeve l opment
1-1, Light Industria l
Three of the four properties in his parcel ar e developed with resldenthl
land use and the fourth 1s a service business. The proposed zoning of 1 lght
industrial wl11 result In the crutfon of three nonconforming residential
uses. The business use 1s compatible with the ligh t industrial zoning. These
properties are, likewise, located in the South Santa Fe Drive light industrial
corridor. The nonconformf ng use prov ls 1ons of the Comprehens Ive Zon f ng Or-
df nance will allow the residential uses to remain as they currently exist,
while serving to accornnodate the anticipated long-term Industrial development of this aru.
Parcel A.3 and A.4.
Arapahoe County Zoning
Proposed Englewood Zoning R-3 , Single-family Residence
R·l·C, Single-family Residence
The proposed zoning of the properties In this parcel Is consistent with the adjacent zoning.
Parcel 8.1 .
Arapaho_, County Zoning
Proposed Englewood Zoning
B-2, Business
0, Open
B-2, Business
The properties within this parcel are primarily developed u retail busi-
nesses . TIie Ho11e Lu111ber Company Is also engaged f n 111111 ted 1fght •anuf~ctur-
f ng. As a part of the annexation agree1111nt with Home Lut11b1r Company, the City
stipulated to a waiver of the nonconfoming use provisions in exchange fur
zoning the property B-2, rather than I-1, to accornnodate the manufacturing
use. This proposed zoning 1s consistent with adjacent zoning to the west and south.
DEPARTMENT OF COHHUHITY DEVELOPMENT RECOHHENDATION:
It is the recornnendatfon of the Department of Conrnunity Develop ment that th e
proposed zoning be approved and forwarded to City Council for final action.
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CITY OF ENGLE1100D PLAIINING AND ZONING COMMISSION
IN THE HATTER OF CASE 13-91,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO ZONE DESIGNATION FOR AREAS
RECE NTLY ANNEXED BY THE C ITV
OF ENGLEWOOD.
Conn1ssion Members Prese nt :
Findings of Fact and Conclusions
of the City Planning and Zoning
Connlssion .
Schultz, Shoop, Glynn, Covens, Draper and Dunner
Conmission Members Absent: Davi et, Gerl fck, and Tobin
This matter came before the City Planning and Zoning Commission on June 4,
1991 ufon the request of the City of Englewood to designate zoning for the
recent y annexed area .
Mr. Richard S. Wanush, Director of Connunity Development, was present and gave
testi110ny before the Comission . The Staff Report and oral testifflC!ny were
received and incorporated Into the record of the Public Hearing. After con-
sidering the statements of wl tnesses and reviewing the relevant documents, the
City Planning and Zoning Connlsslon made the following findings and concl~sions:
FINDINGS OF FACT
I. THAT the Public He aring was initiated at the City's request to designate
zoning for the properties rec s,,itly annexed by the City of Englewood .
2. THAT the notice of the Public Hearing was published In the Englewood Sen-
tinel, the official City newspaper, on Hay 16 1991.
3 . THAT t his request was made to comply with the Colorado Revised St dt utes
that require the designation of 7.oning be made within ninety day s of the
effec ti ve date of anne xation.
4 . THAT Richard S. Wanush, Director of Co11111unlty Develoµment, stated that i n
considering the zone designation of the areas, con si deration was given to:
a) The ex i sti :;g land use and zo ning of the subject property prior t o the
annexation;
b) Co nsis t en cy of ex isting l and uses with adjacent properties and with
the Enq l ewood Compre hensive Pl an; and
c) Cons is te ;1c y of previous Arapahoe County zoning with the proposed
Englewood zoning.
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5 . THAT Don Noyes, 4590 South lllndennere Street, spoke in opposition of the
propos ed 1-1, Light Industrial zone zone designation for his property at
4590 South Windermere Street.
CONCLUSIONS
I. THAT proper notice was published In the Englewood S~ntlnel, the official
City newspaper , on May 16, 1991.
2. THAT the proposed zone designations are consi~tent with the intent and
purpose of the Comprehensive Land Use Plan and the Comprehensive Zoning
Ordinance.
3 . THAT t he proposed zone designation request was initiated at the request
of the City of Englewood .
4 . THAT the proposed zone designations were considered by the Planning and
Zoning Commission at a Public Hearing on June 4, 1991.
RECOIIIElllATION
THEREFORE, it is the decision of the Planning and Zoning Commission that the
proposed zone designations for the property recently annexed to the City of
Englewood be approved and be referred to City Council with a favorable
recommendation .
Upon a vote on a mot I on made at the meeting of the CI ty Pl annlng and Zoning
Commission on June 4, 1991, by Hr. Covens, seconded by Mr. Glynn , which motion
states :
The Planning Commlssio ,•, recommend to City Council that the properties on
West Belleview Avenue ()155 West Belleview Avenue and 1225 West Belleview
Avenue) be zon ed 8-2, Business.
Those voting in fa vor of the motion: Shoop, Glynn , Covens, Draper, Dummer,
and Schultz.
There were no members vo ting against the moti on .
Those memb ers absent: Oaviet, Tobin, and Gerl ick.
Al so upon a vo te on a motio n made at the meetin g of the City Planning and
Zoning Co mmissio n on June 4, 1991 by Hr. Draper, seco nded by Mr . Shoop, which
motion states :
The Planning Commissio n recommend to City Counc 11 that the properties on
South l'31"i posa Or i ve and West Tufts Avenue ( 4655 South Mariposa Ori ve,
4o~5 Sou th Mariposa Drive, 1450 West Tufts Avenue and 1460 West Tufts
Avenu e ) be zo ned R-1-C, Single -family Residence.
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The Planning Co1m11sslon further rec01Nnd to City Council that the prop -
erties on South Windermere Street and West Tufts Avenue (4590 South Win -
dermere Street, 4695 South Windermere Street, 1510 West Tufts Avenu £ and
1530 We st Tufts Avenue) be zoned 1-1, Light Industrial.
Those voting in favor of the motion: Shoop, Glynn, Covens Draper, Du1m1er and Schultz.
There were no members voting against the motion.
Those memb e r s absent : Davlet , Gerl lck , and Tobin .
This decision Is effective as of the meeting of June 4, 1991.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
I
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DATE
July 15, 1991
INITIATED BY
STAPP SOURCE
ISSUII/ACTION PROPOSED
COUNCIL COMMUNICATION
SUBJECT
9 a & b
Planning and Zoning Commission
Zoning of Newly
Annexed Land
Richard s. Wanuah, Director of Community Development
Hold a Public Hearing and paaa Ordinance #44 zoning recently annexed property on
second reading .
PUVIOUI COIIKCIL ACTION
The propertiea aubje,•t-. t-~ thia zoning proceeding were Pn nexed by Ordinance No . 27
and Ordinance No. 28, Serie ■ of 1991, on Hay 6, 1991.
Council approved Ord inance No . 44 on firat reading on June 17, 1991.
STAFF ANALYSIS
The H'6S Mun icipal Ann exation Act requ i rpa that annexed property shall be zoned
wit hi n ninety day a of the effec tive date of annexation .
Parcels A-1 and A-5 were zoned I-2, Heavy Industrial, by Arapahoe County. Th ey are
surrounded by property zoned I -1, Light Industrial, within the City o f Englewood ,
and the cu1:re nt uses are compatible with this zo ne designation. Staff and t he Plan-
n i ng Commi ss ion recommend an I-1, Light Industrial zoning classification.
Parcel A-'l was zoned partially residential and partiall y busine s s i n Arapahoe Cou n-
ty, b ut is totally surrounded by I-1, Light Indu stria l, zo ned l a n d and usee. I-1
zo ning le re commended.
Parcels A-3 anC A-4 were zoned f o r s ingle-fa mily, and a re us e d as s i ngl e-famil y .
Wit.h Eng lewood's R-1-A Zo ne Dist ri ct a c r o ss the stree-c, single -family zo n i ng is
recomme nded. The R-1-C i s r e commen ded since it con f o r ms with adj acent p r ope rt y .
7 he two p r o pe rti e s a 1 o ng Wes t Bellev 1ew Avenue are recomm ended to be zo ned B-2 ,
Bu siness . This i s :omp atibl e with the ex i s ting zoni ng in the area . Bus ine ss
:o ning, as opposed : ., i ndustr-ial zon1ng , could also be a much better l ong-term
ne1.ghbor to the area pa rks .
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BACKGIOUND
The propartie ■ annexed b y Ordinance No. 27 and Ordinance No . 2~ were in unincorpor-·
ated Arapahoe county, yet were totally ■urrounded by the City of Englewood. Staff
a nd the Planning cormii ■aion me t with the affected property owners on several occa-
sion ■ to diecua a both annexation and zoning ia ■uea.
A!tar a Publ ic Hearing, the City Council approved the annexat.lona . State Statute
r equires that newly annexed property be zoned within 90 day a of the effect lve date
of the annexation. Th e City Plann i ng & Zon i ng Conniaaion held a public hearing on
the zoning i ■■uea on June 4 , 1991, and makea the above recomme ndations to the City
Co uncil. The Findinga of Fact adopted by the Planning Commission are attached.
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DATE
June 17, 1991
IIIITIATED Br
COUNCIL COMMUNICATION
AGENDA ITEM SUBJECT
12 d
Plann i ng and Zoning Corrmi eeion
Zoning of Newly
Annexed Land
■TAPP BOUllCB Richard s. Wanuah, Director of Convnun ity De velopment
1181111/ ACTION PROPOIBD
council approval of a bill f or an ordinance &oning newly annexed property on firat
reading and to ••t a Pubi ic Rearing for July 15, 1991.
PUVIOUS COUIIClL ACTION
The propertie ■ ■ubject to thi ■ &oning proceeding were annexed by Ord inance No. 27
and Ordinance No. 28, Serie ■ of 1991, on Kay 6, 1991.
STAPP AHALYSIS
See attached Staff Report and Hape.
IIACltQROUND
The properti•• annexed by Ordina nce No. 27 and Ordinance No. 28 were in un incorpor-
ated Arapahoe County, yet were totally surrounded by the Ci ty of Englewood. Staf f
and the Planning Convn i aaion met with the affected property owners on aeveral occa-
aiona to diacu aa both annexation and z oning iasues.
1'fter a Public Heu ... ng, the City Cou ncil ap!)roved the annexations. State Statu te
requires that newly annexed property be zoned wi th i n 90 days of the effective dat e
of the annexat ion. Thia propoaed &oning wi ll f ulfill that requirement .
N/A
STAFF REPORT
CASE NO. 3·91
STAFF REPORT RE:
PUBLIC HEARING
ANNEXATION AREA ZONING
The zoning of several parcels of land annexed to the City of Englewo od .
DATE TO BE CONSIDERED:
June 4, 1991
PROCEDURE:
The Planning Comlsslon Is required to hold I Public Hearing on the proposed
zone des I gnat Ions. The recomendat I on of the Plannl ng Conrni ss I on to approve or
deny the zone designations must be forwarded to City Council. City Council
will hold I Publ le hearing on the proposed zone designations before m'lking the
final decision.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS:
The properties that are the subject of this zoning action were annexed to the
City In Hay, 1991 by Ordinance No. 27 and No. 28, Serles of 1991. Thi! 1965
Municipal Annexation Act requires that within ninety days of the effective
date of an annexation, the annexed property shall be zoned .
Within the process of deten1lnlng the appropriate zone classification to bi;, A
placed upon annexed property, consideration •ust be given to how to achieve a •
balance between the legitimate needs of the property owners and those of the
CI ty. For t he subject properties, the foll owl ng issues were cons tdered:
Existing land use and zontn, of the subject property prior
to annexat I on.
Consistency of existing land uses with adjacer,t properties
and wt th the Englewood Comprehens he Plan.
Consistency of previous Arapahoe County zoning with the
proposed Eng 1 ,,wood ion Ing.
The staff has analyzed t he recently annexed areas In light of the above Is-
sues, and proposes the following t one classifications. (See attached maps .)
Parcel A.land A.5
Arapahoe CQunty Zoning
Proposed Englewood Zoning
1-2, Heavy Industrial
1-1, Llgl,t Industrial
The ex i sting manufacturing uses of these properties, while zoned for hea vy
l~dustrlal use by the County , :re ~ompatlblt with Englewood 's Light Industr i al
class ifi cation . The propert ies are located wi thin the South Santa Fe Drive
light industri al corridor, and thus s uch zoning would be i:onsistent with adja -
ce nt prope rt i es .
. I .
STAFF REPORT
CASE HO . 3-91
Parcel A.2
Arapahoe County Zon i ng
Proposed Englewood Zoning
PUBLIC HEARING
AHHEXATIOH AREA ZOHlHG
R-3, Si ngle-family Residence
8-2/P . D., Bus I ness/Pl anned
Oeve 1 opment
1-1, Light Industr i al
Three of the four properties in this parcel are developed with resident i al
land use and t he fourth Is a service business . The proposed zoning of 1 lght
Industrial will result In the creation of three nonconforming resident i al
uses. The business use Is compatible with the light industrial zoning . These
properties are, likewise, located In the South Santa Fe Drive light Industrial
torr I dor . The nonconforming use prov Is l uns of the Comprehen s Ive Zoning Or -
dinance will allow the residential uses to remain as they currently exist,
while serving to accolllllOda t; the antlclpa·ted long-term Industrial development
of thl s area.
Parcel A.3 and A.4.
Arapahoe County Zon Ing
Proposed Englewood ZQnlng
R-3, Single-family Residence
R-l·C, Single-family Residence
The proposed zoning of the prope r ties In this parcel Is consistent with the
adjacent zon Ing.
Pa r cel B.l
Arapahoe County Zoning
Proposed Englewood Zoning
8-2, Business
0, Open
8-2, Business
The properties whhln this pi.reel are prl111rlly developed as rthll busi-
nesses . The Ho11111 luaber Company Is also engaged 1n limited light manufactur-
ing. As a part of the annexation •greement with HOiie LUfflber Company, the City
stipulated to a waiver of the no~-.onfo rm lng use provisions In exchange for
zoning the property 8-2, rather than 1-1, to acc011111odate the manufactur i ng
use. This proposed zoning Is cons i stent with adjacent zoning to the west and
south.
D[PARTMEIIT OF COMHUHITY DEVELOPMEIIT ltECOIOIEHOATION:
It Is the recomendatlon of the Department of Conwnunlty Development that the
proposed zoning be app r oved and forwarded to City Council for f i nal action .
• 2 .
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