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HomeMy WebLinkAbout2023 Ordinance No. 030 1 ORDINANCE COUNCIL BILL NO. 28 NO. 30 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER NUNNENKAMP AN ORDINANCE STAYING ORDINANCE 22, SERIES OF 2023 REGARDING SUBDIVISION OF PROPERTY SUBJECT TO REFERENDUM WHEREAS, on the 3rd day of April, 2023, City Council adopted Ordinance No. 21, Series of 2023, approving the Embrey - Oxford & Navajo Planned Unit Development (PUD), located at 1314 West Oxford Avenue (Sam's Automotive Property) in the City of Englewood (hereafter “PUD Ordinance”); and WHEREAS, also on the 3rd day of April, 2023, City Council adopted Ordinance No. 22, Series of 2023, approving a subdivision to accommodate the development approved in the PUD Ordinance (hereafter “Subdivision Ordinance”); and WHEREAS, on the 4th day of May, 2023, the City Clerk received a Referendum Petition requesting repeal or election of the PUD Ordinance; and WHEREAS, the City Clerk issued a Notice of Sufficiency, determining the signatures were valid and sufficient for City Council to reconsider the PUD Ordinance or place its repeal on a ballot for elector consideration; and WHEREAS, a Referendum on the PUD Ordinance does not impact the Subdivision Ordinance or deadlines required to implement the Subdivision Ordinance pursuant to Englewood Municipal Code; and WHEREAS, if the PUD Ordinance is repealed, the Subdivision Ordinance is no longer required as it was sought solely to support the PUD; and WHEREAS, the proponents of the ordinances have requested City Council stay the Subdivision Ordinance and deadlines regarding said subdivision until the PUD Ordinance referendum process is complete. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Stay of Ordinance No. 22, Series of 2023: PUD Subdivision Ordinance No. 22, Series of 2023, and all applicable deadlines resulting from the adoption of that ordinance, are hereby stayed until 60 days after the Referendum challenging the PUD Ordinance No. 21, Series of 2023 has been finally resolved and all applicable periods for legal challenges to the PUD Ordinance and the PUD have DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 2 expired. Should the Ballot question above be approved by a majority of voters, and Ordinance No. 21, Series of 2023 be repealed, Ordinance No. 21, Series of 2023 also shall be simultaneously repealed upon the expiration of any applicable appeal deadlines or the resolution of any appeal. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84 3 of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has authority to correct formatting and/or typographical errors discovered during codification. Introduced and passed on first reading on the 5th day of June, 2023; and on second reading, in identical form to the first reading, on the 20th day of June, 2023. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. _________________________________ Stephanie Carlile, City Clerk DocuSign Envelope ID: 9BD86F0B-8A45-4597-BDD1-3A35FD250A84