HomeMy WebLinkAbout2024 Ordinance No. 006
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BY AUTHORITY
ORDINANCE NO. 6 COUNCIL BILL NO. 4
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE APPROVING A SECOND AMENDMENT TO
THE WASTE MANAGEMENT OF DENVER, SOUTH PLANNED
DEVELOPMENT FOR PROPERTY LOCATED AT 2400 WEST
UNION AVENUE IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood City Council approved the Planned
Development for Waste Management of Denver, South with the passage of Resolution No.
44, Series of 1992, with an additional amendment with the passage of Resolution No.99,
Series 1992, authorizing the development of this industrial property as a waste transfer
station and approved the construction of a three-story office building; and
WHEREAS, Environmental Corporation submitted an application for a second
amendment to the 1992 Planned Development to allow for reconstruction/enlargement and
the minor relocation of the waste transfer station presently located on the site; and
WHEREAS, pursuant to E.M.C 16-2-8(I)(1), amendments to a Planned Unit
Development (PUD) District Plan are reviewed under the same procedure and criteria as
original PUD applications; and
WHEREAS, pursuant to E.M.C. 16-2-8(G)(4), the Planning and Zoning
Commission held a Public Hearing on December 5, 2023, and approved the application
forwarding the matter to the Englewood City Council with a recommendation for
conditional approval subject to additional conditions; and
WHEREAS, pursuant to E.M.C. 16-2-8(G)(5) the City Council shall review the
proposed Amendment to the Planned Development, the recommendation of the City Staff,
and the recommendation of the Planning and Zoning Commission, and shall hold a public
hearing on the proposed Amendment to the Planned Development; and
WHEREAS, following the public hearing, and review of all information provided,
the Council may approve by Ordinance a proposed Amendment to the Planned
Development if it finds that the proposed amendment meets the criteria provided within
E.M.C. 16-2-1 et seq., or may deny the application, or refer the proposed Planned
Development back to the Planning and Zoning Commission for modifications based on
the requirements of E.M.C. 16-2-1, et seq., which referral may include proposed
amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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Section 1. The application for the Second Amendment to the Waste
Management of Denver, South Planned Development for property located at 2400 West
Union Avenue in the City of Englewood, Colorado to allow for reconstruction/enlargement
and minor relocation of the waste transfer station is in conformance with such application
attached hereto as Exhibit A, is approved with the following conditions as recommended
by City Staff and the Planning and Zoning Commission:
1. A minor subdivision to combine the two canfield properties shall be completed
prior to building permit approvals;
2. A ten-foot, opaque wood fence shall be constructed along the residential
property to the south;
3. A six-foot fence shall be constructed on the north property line of the expansion;
4. The final drainage report must account for any additional parking; and
5. Landscaping shall be increased to eight percent of the property's total area.
Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule
Charter, the City Council has determined that Exhibit A, attached to this Ordinance, shall
not be published because of its size. A copy is available in the Office of the Englewood
City Clerk.
Section 3. The following general provisions shall apply to 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.
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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's right to challenge this Ordinance through
referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full
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. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
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
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.
G. Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
Introduced and passed on first reading on the 5th day of February, 2024; and on second
reading, in identical form to the first reading, on the 19th day of February, 2024.
Othoniel Sierra, Mayor
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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
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