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Home My WebLink About2020-02-18 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Tuesday, February 18, 2020 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of February 3, 2020. City Council Regular - 03 Feb 2020 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition a. Patrick Paranto, Plant Operator at the Allen Water Treatment Plant will be recognized for achieving his Level B Water Plant Operator certification. b. City Manager Lewis will introduce the new Neighborhood Resources Coordinator Madeline Hinkfuss. 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City C ouncil. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presenta tion to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Ida May Nicholls, an Englewood resident, will address Council regarding Englewood history. 7a 2-18-20 b. Marcy Brown, an Englewood resident, will address Council. c. Jerry Walker, an Englewood resident, will address Council regarding accountability. d. Cynthia Searfoss, an Englewood resident, will address Council. 7d 2-18-20 e. Elaine Hults, an Englewood resident, will address Council. f. Doug Cohn, an Englewood resident, will address Council regarding Englewood history. 7f 2-18-20 8. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. This is an Page 1 of 359 Englewood City Council Regular Agenda February 18, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials fo r presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Member Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 09 - Mutual Aid Agreement with the City and County of Denver Pdf Staff recommends City Council approve a Bill for an Ordinance of a Mutual Aid Agreement between the City and County of Denver and the City of Englewood to provide alternative work site facility to perform Information Technology Services in the event of an emergency. Staff: Information Technology Director Margaret Brocklander b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. VALE Grant acceptance Pdf VALE grant application 2019 Staff recommends City Council approve, by Resolution, authorizing the Police Department to apply for and accept funding up to the amount of $22,750.00 from the Victim Assistance and Law Enforcement Grant (VALE) Staff: Victim Witness Services Coordinator Nancy Wenig ii. Approval of Contract Amendment with Keesen Landscape Services for Snow & Ice Control Services Pdf City staff recommends that Council approve, by Motion, to increase the contract amount with Keesen Landscape Services, Inc. by $150,000 to $400,000 to allow for snow & ice control services for the remainder of the 2020 snow season in the Englewood Environmental Foundation area. Staff: Public Works Director Maria D'Andrea iii. Resolution to appoint an alternate member to the Cultural Arts Commission Pdf Staff recommends City Council approve, by Resolution, to appoint Ms. Julie Parker to the Cultural Arts Commission as an Alternate Member. Staff: Deputy City Manager Dorothy Hargrove 10. Public Hearing Items Page 2 of 359 Englewood City Council Regular Agenda February 18, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 06 - 2020 Storm Water Utility Rate Increase Ordinance Pdf Staff recommends City Council approve a Bill for an Ordinance to increase Storm Water Utility Rates in 2020. Staff: Finance and Administrative Director Maria Sobota ii. CB 07 - Approval of Intergovernmental Agreement with CDOT for US 85 (Santa Fe Drive) Planning and Environmental Linkage Study Pdf Staff recommends City Council approve a Bill for an Ordinance to enter into an Intergovernmental Agreement with CDOT for US 85 (Santa Fe Drive) Planning and Environmental Linkage Study. Staff: Public Works Director Maria D'Andrea iii. CB 10 - Title 16 Housekeeping Amendments Pdf Staff recommends City Council approve a Bill for an Ordinance to schedule the Title 16 zoning text amendments. Staff: Planning Manager Wade Burkholder b. Approval of Ordinances on Second Reading i. CB 04 - Short Term Rental Regulations Pdf Staff recommends the City Council review and approve, by Ordinance, Council Bill #4 providing for Short Term Rental Regulations within the City of Englewood. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson ii. CB 47 - Establishing Zone Districts for Short Term Rental Pdf Staff recommends the City Council review and approve, by Ordinance, Council Bill #47 establishing the zone districts within the City in which Short Term Rentals will be allowed within the City of Englewood. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson c. Resolutions and Motions i. City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study Consultant Selection Pdf City staff recommends that Council approve, by Motion, an agreement with Stantec Consulting Services Inc., for the City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study. Staff: Public Works Director Maria D'Andrea and South Platte Water Renewal Partners Director Pieter Van Ry ii. Exclusive Negotiation Agreement with SkanlanKemperBard (SKB) Page 3 of 359 Englewood City Council Regular Agenda February 18, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Pdf Staff recommends City Council approve, by Motion, the execution of an Exclusive Negotiation Agreement (ENA) between the City/EEF and SkanlanKemperBard of Portland, Oregon (also referred to as SKB). Staff: Redevelopment Manager Dan Poremba 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 359 MINUTES City Council Regular Meeting Monday, February 3, 2020 1000 Englewood Pkwy – Council Chambers 6:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:01 p.m. 2 Invocation The invocation was given by Council Member Anderson. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Anderson. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Director Brocklander, Information Technology Director D'Andrea, Public Works Director Underhill, Parks, Recreation and Library Director Henger, Human Resources Open Space Manager Lee, Parks, Recreation and Library Planning Manager Burkholder, Community Development Page 1 of 14 Draft Page 5 of 359 City Council Regular February 3, 2020 Planner II Sampson, Community Development Capital Projects Engineering Manager Hoos, Public Works Capital Project Engineer Warren, Public Works Technical Support Specialist II Munnell, Information Technogy Network Administrator Hunnicutt, Information Technology Deputy Police Chief Watson, Police Department Officer Douglas, Police Department Mayor Olson moved to go into Executive Sessions (Agenda items 12(a)(i-ii)), seconded by Mayor Pro Tem Sierra. FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402(4)(B), FOCUSING UPON MATTERS OF CURRENT AND/OR ANTICIPATED LITIGATION, INCLUDING ANTICIPATED COSTS ASSOCIATED WITH THOSE SPECIFIC MATTERS AND LEGAL ANALYSIS OF CITY’S POSITION. FOR CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON CONTRACTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(B) AND TO DEVELOP STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. SECTION 24-6-402(4)(E)(I); The meeting recessed at 6:04 p.m. to go into Executive Session. The meeting reconvened at 7:13 p.m. with all Council Members present. Mayor Olson recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Mayor Olson seconded by Council Member Stone to close the Executive Sessions. The meeting recessed at 7:15 p.m. for a break. The meeting reconvened at 7:20 p.m. with all Council Members present. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of January 21, 2020. Page 2 of 14 Draft Page 6 of 359 City Council Regular February 3, 2020 Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 21, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of January 27, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JANUARY 27, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) City Manager Lewis introduced the new City of Englewood Parks, Recreation and Library Director Christina Underhill. b) City Manager Lewis introduced the new City of Englewood Human Resource Director Ronda Henger. c) Dave Lee was recognized for serving as Interim Director of Parks, Recreation and Library. Page 3 of 14 Draft Page 7 of 359 City Council Regular February 3, 2020 d) City Council recognized the newly appointed Boards and Commission members: Alliance for Commerce in Englewood Dillon J. Rai – Regular Board of Adjustment and Appeals Angela Schmitz – Regular Thomas Finn – Regular Brendan Thomson – Regular Code Enforcement Advisory Committee Monica Johnson – Regular Cultural Arts Commission Mark Hessling - Alternate to Regular Keep Englewood Beautiful Robert Stephenson - Regular Hedy Anselman – Regular Margot Flynn –Regular Rachel Palya – Regular Malley Center Trust Fund Bobbie Harris - Regular Non-Emergency Retirement Board James Phelps - Regular Parks and Recreation Commission Karen Miller - Regular Mark Husbands – Regular Stephen Young – Regular Planning and Zoning Commission Catherine Townley – Regular Diane Lipovsky – Regular Kate Fuller – Regular Noel Atkins – Regular Carl Adams – Alternate Police Pension Board Deborah Ward - Regular Public Library Board Marie Hotta - Regular Austin Streicher – Regular Page 4 of 14 Draft Page 8 of 359 City Council Regular February 3, 2020 Transportation Advisory Committee Tiffany O’Connell – Regular Urban Renewal Authority Gary Bowman - Regular Water and Sewer Board Charles Habenicht - Regular 7 Recognition of Scheduled Public Comment a) Lorena Gaibor, an Englewood resident, addressed Council regarding short term rentals. b) Michelle Thompson, an Englewood resident, addressed Council regarding short term rentals. c) Marcy Brown, an Englewood resident, addressed Council regarding short term rentals and public comment. d) Pamela Beets, an Englewood resident, addressed Council regarding development. e) Doug Cohn, an Englewood resident, addressed Council regarding Englewood history. 8 Recognition of Unscheduled Public Comment a) Whitney Cobb, an Englewood resident, addressed Council regarding short term rentals. b) Michael Wulfkule, an Englewood resident, addressed Council regarding short term rentals. c) Ida May Nicholl, an Englewood resident, addressed Council regarding the Museum of Outdoor Arts. d) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals. e) Jerry Walker, an Englewood resident, addressed Council regarding freedom. f) Tiffani Willis, an Englewood resident, addressed Council regarding short term rentals. g) Laura Abbott, an Englewood resident addressed Council regarding short term rentals. Council Member Stone Responded to Public Comment. 9 Consent Agenda Items Page 5 of 14 Draft Page 9 of 359 City Council Regular February 3, 2020 Council Member Russell removed Agenda Item 9 (c)(iii) from Consent Agenda. Moved by Mayor Pro Tem Sierra, seconded by Council Member Stone to approve Consent Agenda Items 9 (b)(i-ii) and 9 (c)(i-ii). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11(a)(i-ii).) b) Approval of Ordinances on Second Reading. i) CB 02 - IGA with Denver Urban Area Security Initiative (UASI) ORDINANCE NO. 2, SERIES OF 2019 (COUNCIL BILL NO. 02, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY INITIATIVE) BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. ii) CB 03 - Amendment to IGA between Arapahoe County and Englewood Police DTRS ORDINANCE NO. 3, SERIES OF 2020 (COUNCIL BILL NO. 03, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLORADO (CCNC)]. c) Resolutions and Motions i) Human Resources Information System Contract Approval Approval of a subscription based contract for Ultimate Software Group, Inc., SaaS (Software as a Service). ii) Purchase Order Approval for Annual Alum Sulfate Chemicals RESOLUTION NO. 8, SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ALUM SULFATE FROM CHEMTRADE CHEMICALS US, UNDER THE Page 6 of 14 Draft Page 10 of 359 City Council Regular February 3, 2020 TERMS OF THE COLORADO OPTIMAL SOURCE REQUIREMENTS. Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Motion to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(i-ii). For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. iii) Award of Contract to DRC Construction Services, Inc. for the South Englewood Storm Sewer Maintenance Project. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval of a contract with DRC Construction Services, Inc. in the amount of $238,920.00 for the South Englewood Storm Sewer Maintenance Project. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell (Moved By) x Cheryl Wink (Seconded By) x John Stone x 7 0 0 Motion CARRIED. Page 7 of 14 Draft Page 11 of 359 City Council Regular February 3, 2020 10 Public Hearing Items a) Title 16 Housekeeping Amendments Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink TO OPEN THE PUBLIC HEARING FOR THE PROPOSED TITLE 16 HOUSEKEEPING AMENDMENTS. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x John Stone x 7 0 0 Motion CARRIED. All testimony was given under oath. Community Development Planning Manager Wade Burkholder presented information regarding the proposed Housekeeping Amendments to Title 16. 1 citizen spoke in favor of the Title 16 Housekeeping Amendments 1 citizen spoke in opposition of the Title 16 Housekeeping Amendments. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED TITLE 16 HOUSEKEEPING AMENDMENTS. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Page 8 of 14 Draft Page 12 of 359 City Council Regular February 3, 2020 Motion CARRIED. The meeting recessed at 9:14 p.m. for a break. The meeting reconvened at 9:21 p.m. with all Council Members present. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 04 Short Term Rental Regulations Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink Motion to amend Council Bill No. 4 by allowing Accessory Dwelling Units for Short Term Rentals. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x John Stone x 3 4 0 Motion DEFEATED. Moved by Council Member Rita Russell Seconded by Council Member Dave Cuesta Motion to amend Council Bill No. 4 to not allow Accessory Dwelling Units as Short Term Rentals. For Against Abstained Dave Cuesta (Seconded By) x Rita Russell (Moved By) x Linda Olson x Othoniel Sierra x Joe Anderson x Cheryl Wink x John Stone x 5 2 0 Page 9 of 14 Draft Page 13 of 359 City Council Regular February 3, 2020 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member John Stone Motion to amend Council Bill No.4 to remove the language "audible beyond the property lines of the Short Term Rental or". For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 6 1 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member John Stone Motion to amend Council Bill No.4 by eliminating the language regarding parking in front of the short term rentals. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. Moved by Council Member Dave Cuesta Seconded by Council Member John Stone Motion to amend Council Bill No.4 by requiring proof of residency that shall be supported by a copy of the cover page of the applicants State or Federal filed income tax return and at least two of the following documents: motor vehicle registration, Colorado driver’s license or Colorado identification card or voter registration card. Page 10 of 14 Draft Page 14 of 359 City Council Regular February 3, 2020 For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta (Moved By) x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 6 1 0 Motion CARRIED. Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Motion to amend Council Bill No. 4 by striking the language "A property used as a long term lease shall not simultaneously be used as a short term rental". For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x John Stone (Moved By) x 6 1 0 Motion CARRIED. Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Motion to amend Council Bill No.4 by adding that Short Term Rentals (STR) and Bed/Breakfasts (BB) shall be twenty-nine (29) days or less throughout the document. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Page 11 of 14 Draft Page 15 of 359 City Council Regular February 3, 2020 Cheryl Wink (Seconded By) x John Stone (Moved By) x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Linda Olson Motion to amend Council Bill No. 4 by changing the language to say no Short Term Rentals shall be under more than two simultaneous rental contracts to no more than three simultaneous rental. Discussion ensued. Motion was withdrawn. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 04, INTRODUCED BY COUNCIL MEMBER SIERRA MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING TITLE 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING CHAPTER 31 REGARDING BUSINESS AND LICENSE REGULATIONS FOR SHORT TERM RENTALS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO AS AMENDED. For Against Abstained Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Joe Anderson x Dave Cuesta x Rita Russell x John Stone x 5 2 0 Motion CARRIED. ii) CB 47 Establishing Zone Districts for Short Term Rental Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER ANDERSON Page 12 of 14 Draft Page 16 of 359 City Council Regular February 3, 2020 MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROVIDING FOR SHORT TERM RENTALS TO BECOME AN ALLOWED USE IN R-1-A, R-1-B, R1-C, R-2-A, R-2-B, M-1, M-O-2, MU- R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, AND MU-B-2 ZONING DISTRICTS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO TO INCLUDE ALL CHANGES MADE TO COUNCIL BILL NO. 4 TO REFLECT IN COUNCIL BILL NO. 47 AS AMENDED. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x John Stone x 5 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9(b)i-ii).) c) Resolutions and Motions i) Resolution to approve the Museum of Outdoor Arts Contract Renewal Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Motion to table Agenda Item 11(c)(i) to the next Regular City Council Meeting on February 18, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Page 13 of 14 Draft Page 17 of 359 City Council Regular February 3, 2020 Motion CARRIED. 12 General Discussion a) Mayor's Choice Agenda items 12 (a)(i-ii) were considered after Agenda item 4. i) Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b), focusing upon matters of current and/or anticipated litigation, including anticipated costs associated with those specific matters and legal analysis of City’s position. ii) Executive Session for a conference with the City Attorney for the purpose of receiving legal advice on contracts pursuant to C.R.S. Section 24-6-402(4)(b) and to develop strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e)(I); iii) Cultural Art Commission Alternate Member Agenda item 11(a)(iii) was removed and will be discussed at a later date. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 11:35 p.m. City Clerk Page 14 of 14 Draft Page 18 of 359 Englewood City Council February 18,2020 Good evening Mayor Olson and City Council, I am speaking again tonight on a small part of history and legacy ofJohn W.Madden Jr. It would compile pages to tell his very unique,extraordinary and generous contributions to Greenwood Village and what it is today.He has been a passionate supporter of Denver University and many Denver art and cultural institutions,Colorado business committee for the Arts (CBCA)and the Madden Merit Scholarships. Real Estate Developer Mr.Madden is known for his timing and vision.The 1970's launch of Greenwood Plaza office park kicked off four—plusdecades of nationally acclaimed Greenwood Village development.He opened his own Madden Museum of Art from his world travels.Mr. Madden and his daughter Cynthia Madden Leitner,founded Fiddlers Green Amphitheatre, which I have mentioned before. It was commissioned by the Museum of Outdoor Arts in 1982 and received a national award for design.The amphitheater has grown to incorporate the Museum of Outdoor Arts mission of artistic development concepts,and seating capacity of 18,000 people.Fiddlers’Green Amphitheatre is operated by AEG Presents and MOA.With over 200,000 annual visitors attending concerts,Fiddler's Green has developed into a popular setting for any music showcase or event.AEG Presents has an international reach and the nation's second—largest concert promotion and touring company.The Adjacent Park to Fiddler's Green;MOA owns and hosts a variety of artistic art. The Greenwood Athletic and Tennis Club,renamed "Club Greenwood”is one of the beautiful buildings with seven tennis courts inside the building five outside,heated swimming pools inside and outside,golf,any type of athletics you can imagine.Please look it up.Club Greenwood is named among the top ten clubs in the country with 156,000 sq.ft.inside the building. Mr.Madden has built other beautiful buildings in Greenwood Village,truly amazing.He founded the Metropolitan Club,now renamed ”METROCLUB”a private club.The METRO Club will be John Madden’s crowningjewel.It is a testament to a lifetime dedicated to creating award-winning spaces that celebrate community and elevate living in Madden style,it is a masterpiece of art,and architecture. Page 19 of 359 In 1981 John Madden and daughter Cynthia Madden Leitner,founded the Museum of Outdoor Arts fully accessible to the public in Greenwood Village,but they had to pay rent and their lease was going up,but they also wanted to expand their art acquisitions.So,in 2000,the Museum of Outdoor Arts opened its indoor galleries,studios and offices in the Englewood Civic Center,Free from Paying Rent,which doesn't get mentioned. I believe that people assume the MOA pays Englewood for the large space,because that is what I have heard.However,a large number of our citizens do not even know about the MOA,and the free gift the city has given all these years. The MOA also gets funding from the National Endowment for the Arts,the Colorado Creative Industries,SCFD Culture Fund,and other organizations over the years.However,our City has been giving free housing for twenty years to the MOA. In doing homework in today's market rate,in a building such as the Civic Center and space the cost per year to lease could be around $150,000 per year plus utilities.I see now why the Fast Rush the MOA and our City is engaged in;a new lease for MOA before the contract comes up in May.Please Council Do Not Rush This. The MOA has given our city a good name and experience in art that we appreciate,however, this is not Greenwood Village and we are not wealthy.This little city of Englewood is drowning in projects such as infrastructure and many other needs. The Bottom Line Is: Our Citizens need to know that Our City has been Renting for Free to the MOA for Twenty Years.You Seven People Setting on Council are Responsible for Being Wise Stewart's of Our Tax Payers Dollars.We Should All be Good Stewart's of Our City.I Urge You Citizens to Speak Out as I Have Done.It is Very Hard,Difficult and Scary to Do,but you can all do it too.Please Make Your Voices Heard.Just remember Council,on your campaign literature you tell us that “Englewood Citizens Come First.” Thank you, Ida May Nicholl Page 20 of 359 Since 2016 I have been attending STR meetings,initially the Planning and Zoning meetings,and then attending the publichearings.|n all of the meetings I have attended,I have not heard anyone address the issue of affordabilityfor citizens in Englewood.When affordability has been mentioned,it has been that STRs are needed as affordable alternatives for the visitors. The National Housing Conference's (NHC)May 2019 report for Colorado found that not one of the Denver metro areas (including Englewood)had housing affordable for the essential workers needed for a community to thrive i.e.firefighters,Plumbers,Bank Tellers,Dental Assistants,and Childcare workers. A firefighter and a plumber can rent properties in the Denver Metro area,but not one of the five occupations can buy a home here. Currently,1 in 4 metro area renters are paying more than half of their income on housing.|n the future more people will face housing insecurity.The Colorado Department of Labor estimates that 88%of the jobs created in the Denver metro area over the next 10 years will have starting salaries under the national median wage of $45,000. In 2019,to rent an apartment in Denver a minimum wage worker had to work 95 hours a week in order to afford the $1,119.00 median monthly rent for a two bedroom apartment —per theNational Housing Conference (NHC). The impact STRs have on the local community is called the ”Airbnb Effect”.The National Association of Realtors version is:Since Property owners can make more money on STRs than on long—termrentals, there is a shift in favor of STRs decreasing the available stock of long—termrentals.The rents on the available long—term rentals go up.The property values increase in the area due to demand for properties to use as STRs driving up the costs of homeownership. After publishing a paper based on Aribnb’s data and real estate indexes,David Proserpio of the USC Marshall School of Business stated in an interview with Harvard Business Review in April 2019,”Overa|l, Airbnb probably contributes about one—fifthofthe average annual increase in U.S.rents and about one- seventh of the average annual increases in U.S.housing prices.” A paper,SHORT TERM RENTALS AND HOUSING COSTS IN DENVERApril 2019,by Katherine O’Conner an Denver Economic Development and Opportunity analyst,shows a negligible impact by STRs in the Denver housing market since the passing of the STR ordinance in 2016. Two weeks ago I was talking with a group ofelderly dog walkers in my neighborhood.Two people in this group are facing housing insecurity as the people owning their homes are interested in the income they can get changing from long—term rental to short—term rental.In another situation,the owner of three units has already evicted one of his tenants (for cause)and has said he will use it as an STR.The existing tenant thinks their lease will not be renewed. All three ofthese people are retired long—term Englewood residents who face housing insecurity now. Allthree live within two blocks of Floyd and Downing.Who else in Englewood will experience housing insecurity with the passing of the STR Ordinance? Cynthia Searfoss:18—February—202O Page 21 of 359 I invited Elena Wilken,director of Housing Colorado to speak tonight.Housing Colorado is an industry association dedicated to serving professionals who are designing,developing and increasing support for affordable housing in Colorado,funded in part by thecolorado Housing and Finance Authority.No surprise,Ms Wilken is booked weeks in advance,as housing affordability is a dire situation in Colorado not just the Denver metro area.She did state stated that she would be available to answer any questions City Council members regarding housing affordability.She can be reached at HousingColorado.org. Cynthia Searfoss:18-February—202O Page 22 of 359 Page 23 of 359 Page 24 of 359 Page 25 of 359 Page 26 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Margaret Brocklander DEPARTMENT: Information Technology DATE: February 18, 2020 SUBJECT: CB #9 - Mutual Aid Agreement with the City and County of Denver DESCRIPTION: CB #9 - Mutual Aid Agreement with the City and County of Denver RECOMMENDATION: Staff recommends approval of a Mutual Aid Agreement between the City and County of Denver and the City of Englewood to provide alternative work site facility to perform Information Technology Services in the event of an emergency. PREVIOUS COUNCIL ACTION: There has been no previous council action. SUMMARY: The Mutual Aid Agreement provides a mechanism to quickly obtain emergency assistance in the form of services and facilities to each other during emergency events which impact information technology services. ANALYSIS: When the City of Englewood experienced a ransomware attack, fast-tracking recovery was only possible thanks to strong relationships with technology leaders in the Denver metro area. Technology experts from the City and County of Denver were one of several agencies that responded quickly allowing Englewood to accelerate the recovery process. This Agreement formalizes the reciprocal desire to assist with a cyber event now and in the future. FINANCIAL IMPLICATIONS: The Mutual Aid Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR. ALTERNATIVES: The alternative is to not participate in a mutual aid agreement. CONCLUSION: The City of Englewood Information Technology Department does not have sufficient resource levels to handle extreme cyber events independently. The mutual aid agreement will provide a means for Englewood and Denver jurisdictions to augment our resources when needed for high demand incidents. Page 27 of 359 ATTACHMENTS: Council Bill #9 Mutual Aid Agreement Page 28 of 359 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 09 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AUTHORIZING A MUTUAL AID AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the approval of this Agreement will provide alternative work sites to perform Information Technology Services in the event of an emergency; WHEREAS, in 2017 the City of Englewood experienced a ransomware attack; WHEREAS, the City of Englewood turned to the City and County of Denver for assistance in its recovery efforts; WHEREAS, since 2017 Englewood and Denver have worked together to establish a mutual aid system in the event of another cyberattack on their respective IT systems; WHEREAS, the purpose of the this Agreement is to memorialize the respective duties of each party in the event of a cyberattack on either the City of Englewood or City and County of Denver; WHEREAS, the Agreement requires no fiscal expenditures by either party, the mutual aid is in the way of providing physical office space with tables and chairs for up to sixty (60) people, electrical power and guest wireless internet access to connect to the respective parties virtual private network (VPN); and WHEREAS, by the approval of this Ordinance the City Council of the City of Englewood authorizes an Mutual Aid Agreement with the City and County of Denver for the purpose of providing assistance to the Parties in the event of an information technology emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Mutual Aid Agreement attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of February, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of February, 2020. Page 29 of 359 Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of February, 2020 for thirty (30) days. __________________________ Linda Olson, 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 the Bill for an Ordinance introduced, read in full, and passed on first reading on the 18th day of February, 2020. Page 30 of 359 1 MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT, is dated this _____ day of _________________, 2020, by and among the CITY OF ENGLEWOOD (“Englewood”) and the CITY AND COUNTY OF DENVER (“Denver”). W I T N E S E T H WHEREAS, pursuant to Article XI, Section 18 of the Colorado Constitution and Section 29-1-203, et seq., C.R.S., as amended, the parties may cooperate and contract with one another to provide any lawful government function or service; and WHEREAS, Denver and Englewood are concerned with the adverse effects on their daily information technology operations in the event of an emergency including, but not limited to, cyberattacks, hardware and network failure or malfunction, loss of electricity or access to work site facilities, or destruction of hardware or facility services; and WHEREAS, Denver and Englewood seek alternative work site facilities to perform Information Technology Services in the event of an emergency; and WHEREAS, Denver and Englewood are able and willing to aid each other with Information Technology Services in emergency situations and testing of either emergency plans or procedures; and NOW, THEREFORE, in consideration of the mutual agreements and promises herein contained, and subject to the terms and conditions hereinafter stated, Englewood and Denver understand and agree as follows: 1.PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to memorialize the parties’ understandings between the City of Englewood and the City and County of Denver to provide services and facilities to each other during emergency events which impact their respective information technology services. 2.DUTIES OF ENGLEWOOD: The City of Englewood agrees to provide the following to Denver: a. Physical office space with tables and chairs to accommodate up to sixty (60) people; space to be contiguous or comprised of multiple conference rooms. i. Proposed location: Civic Center, 1000 Englewood Parkway, Englewood, CO 80110, or other mutually agreed upon location. b. Electrical power and guest wireless internet access (Wi-Fi) to accommodate up to sixty (60) people; power and access to be adequate for laptops and other wireless devices and for connecting to Denver’s virtual private network (VPN). Page 31 of 359 2 c. At least four (4) hours advance notice when requesting emergency facility services. 3.DUTIES OF DENVER: The City and County of Denver agrees to provide the following to Englewood a. Physical office space with tables and chairs to accommodate the Englewood Tech Services team; space to be contiguous or comprised of multiple conference rooms for up to ten (10) people. i. Proposed location: Webb Municipal Building, 201 West Colfax, Denver, CO 80201 or other mutually agreed upon location. b. Electrical power and guest wireless internet access (Wi-Fi) to accommodate up to ten (10) people; power and access to be adequate for laptops and other wireless devices and for connecting to Englewood’s virtual private network (VPN). c. At least four (4) hours advance notice when requesting emergency facility services. 4.MUTUAL DUTIES OF THE PARTIES: Develop and promulgate all procedures necessary to perform duties of this Mutual Aid Agreement, including but not limited to: a. Communication plans b. Activation procedures c. Demobilization plans d. Procedure testing plans 5.TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual execution and shall be in effect for a period of five (5) years. 6.RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5) additional years at the end of the current period. All renewals must be in writing and executed. Each party reserves the right to elect not to renew the agreement after expiration of the current term. If either party intends not to renew the Agreement it shall give notice of such intent at least thirty (30) days prior to expiration of the then current term of the Agreement. 7.TABOR: The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR. Page 32 of 359 3 8.NOTICE: All notices concerning this Agreement shall be made: To the City and County of Denver at: David Edinger, CIO 201 W Colfax Ave Denver, CO 80202 To the City of Englewood at: Margaret Brocklander, CIO 1000 Englewood Parkway Englewood, CO 80110 9.WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by one Party constitute or be construed to be a waiver by that Party of any breach of a term, covenant, or condition or any default which may then exist on the part of another Party. When any such breach or default shall exist it shall not impair or prejudice any right or remedy available to the non-breaching Party with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more terms, covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding or other breach. 10.VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this Agreement is subject to and shall be construed in accordance with the provisions of the laws of the state of Colorado and any rules and regulation enacted in conformance therewith, including any applicable federal law, municipal charter, ordinance, rule or regulation. 11.INSURANCE: Each Party may be self-insured as required by Colorado law, or may acquire insurance to insure the activities undertaken in this Agreement. The cost of any such insurance shall be borne exclusively by the Party obtaining such insurance and each Party shall determine what coverage if any is required. 12.COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the Parties are relying upon, and have not waived, the monetary limitations and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 13.INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be responsible for any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by that Party, or its officers in connection with the subject matter of this Agreement. 14.BEST EFFORTS: The Parties agree to work diligently together and in good faith, using their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve submittals and effect the orderly execution of the above-listed services. 15.CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information concerning any matters Page 33 of 359 4 which are not subject to public disclosure. The Parties shall comply with all applicable state laws and requirements pertaining to maintenance and disclosure of information pursuant to the Colorado Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format. 16.PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are for convenience only, and shall not be construed so as to define or limit the terms and provisions hereof. 17.SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 18.SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and covenants of this Agreement, (including any exhibits and attachments), which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (including confidentially), shall survive such expiration or termination and shall continue to be enforceable as provided herein. 19.AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This Agreement is intended as the complete integration of all understandings between the Parties as to the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the Parties. Amendments to this Agreement will become effective when approved by all Parties and executed in the same manner as this Agreement. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 20.NO THIRD PARTY BENEFICIARY: Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is an incidental beneficiary only. 21.LEGAL AUTHORITY: a. Each Party assures and guarantees the others that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. b. The person signing and executing this Agreement on behalf of each Party represents that they have been fully authorized by their respective Party to execute this Page 34 of 359 5 Agreement on its behalf and to validly and legally bind their respective Party to all the terms, performances and provisions of this Agreement. c. Each of the Parties shall have the right to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of the other Party or the person signing the Agreement on behalf of the other Party to enter into this Agreement. The suspending or terminating Party shall not be obligated to pay the other Party for any performance of the provisions of this Agreement after that Party has suspended or terminated this Agreement as provided in this Article. In the event of any such suspension or termination the remaining Party may elect to immediately terminate this Agreement. 22.ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS: Englewood consents to the use of electronic signatures by Denver. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by Denver in the manner specified by Denver. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original 23.EXECUTION IN COUNTERPARTS: This Agreement may be executed in counterparts with separate signature pages, and all such counterparts shall constitute one Agreement. [Remainder of Page Intentionally Blank] Page 35 of 359 6 FOR THE CITY OF ENGLEWOOD ________________________________________ Linda Olson, Mayor Attest:____________________________________________ Stephanie Carlile, City Clerk FOR THE CITY AND COUNTY OF DENVER BY:_____________________________________________ Title:____________________________________________ Page 36 of 359 7 Contract Control Number:TECHS-202053376-00 Contractor Name:City of Englewood IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at Denver, Colorado as of: SEAL CITY AND COUNTY OF DENVER: ATTEST:By: ______________________________ __________________________________________ APPROVED AS TO FORM: REGISTERED AND COUNTERSIGNED: Attorney for the City and County of Denver By: By: ____________________________________ ___________________________________ By: ____________________________________ Page 37 of 359 8 Contract Control Number:TECHS-202053376-00 Contractor Name:City of Englewood By:___________________________________ Name:_________________________________ Linda Olson Title:___________________________________ Mayor Attest: By:____________________________________ Name:__________________________________ Stephanie Carlile Title:___________________________________ City Clerk Page 38 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Wenig DEPARTMENT: Police DATE: February 18, 2020 SUBJECT: VALE Grant DESCRIPTION: VALE Grant RECOMMENDATION: The Police Department is recommending that City Council approve a Resolution authorizing the Police Department to apply for and accept funding up to the amount of $22,750.00 from the Victim Assistance and Law Enforcement Grant (VALE). PREVIOUS COUNCIL ACTION: The VALE Grant finances approximately 40% of the salary for the Victim W itness Advocate position which is assigned to the Englewood Municipal Court. The Victim Witness Advocate provides services for victims of domestic violence. Council has approved the application for and acceptance of this Grant since 1990. SUMMARY: Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. The Victim/Witness Advocate for the Englewood Municipal Court provides support for victims of domestic violence through the Court process. The position also ensures that victims are informed of their Rights under the Constitution and assists in providing those Rights. This position has been partially funded by the VALE Grant since 1990. In 2019, the Grant funded $20,000.00 toward the position. ANALYSIS: If we receive full funding, the VALE Grant will fund up to $22,750.00 towards the Victim Advocate position. The funding for the VALE grant program comes from fees that are collected by courts in the 18th Judicial District. FINANCIAL IMPLICATIONS: If the application for the Grant is not approved, the City would be responsible for the remainder of the salary. Page 39 of 359 RESO LU TI O N NO . ____ S ERI ES O F 2020 A RES OLU T IO N A U T H ORI Z IN G THE APP L IC ATI ON FO R A V IC T IM ASS IS T ANC E LAW EN FO RC E MENT (VALE) GR ANT FROM T HE V IC T IM ASS IS T ANC E LA W E NF OR CEMEN T BO ARD O F TH E 18TH JU DI C IA L DI STRI CT. WHEREAS, the City of Englewood Police Department each year applies for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; WHEREAS, the Englewood City Council authorized the 2015 VALE Grant application and acceptance by the passage of Ordinance No. 6, Series of 2015; WHEREAS, the Englewood City Council authorized the 2016 VALE Grant application and acceptance by the passage of Ordinance No. 9, Series of 2016; WHEREAS, the Englewood City Council authorized the 2017 VALE Grant application and acceptance by the passage of Ordinance No. 5, Series of 2017; WHEREAS, the Englewood City Council authorized the 2018 VALE Grant application and acceptance by the passage of Ordinance No. 2, Series of 2018; WHEREAS, the Englewood City Council authorized the 2019 VALE Grant application by the passage of Resolution #35, Series of 2019; WHEREAS, the City of Englewood has received a notice of fund availability; WHEREAS, the staff seeks Council approval of a Resolution authorizing the application for a 2020 VALE grant in the amount of $22,750.00, for the period of July 1st, 2020 to June 30th, 2021; WHEREAS, if the City’s grant application is accepted the Department will return to the City Council seeking approval of an intergovernmental agreement in order to accept the funds from the 18th Judicial District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Englewood Police Department to apply for the VALE Grant, a copy of which is marked as “Exhibit A” and attached hereto. Page 40 of 359 Section 2. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. ADOPTED AND APPROVED this ____ day of February, 2020. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2020. Stephanie Carlile, City Clerk Page 41 of 359 1 For Official Use Only: Date Received Application Number V/S or L/E Project Duration to Previously Funded Yes No All Materials Included Yes No Date of Board Review Approved Denied Award Amount ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 874-8620 tsherbondy@da18.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application. Limit application to 12 pages including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point. I. APPLICANT AGENCY II. PROJECT TITLE Project Director Phone Fax Address E-mail: Web page III. AMOUNT REQUESTED IV. NON-PROFIT STATUS: Yes No In Progress Tax ID Number GOVERNMENT AGENCY: YES NO V. REQUIRED ATTACHMENTS (Include with all copies): A. Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501(c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers D. Copy of current Financial Statement and Audit Report – (Waived for governmental agencies) (Attach to original copy only) E. Management Letter from Auditor – (Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (01/2016) Page 42 of 359 2 SECTION A: PROJECT CONCEPT/DESIGN 1. Description of the applicant agency: 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation. 3. Description of the project, which would be funded by VALE funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) 4. A. Identify and describe the project's goals and objectives. Your objectives must be measurable and specific. B. What is your timetable and work plan for accomplishing your objectives? 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives. B. How do you plan to resolve these problems? SECTION B: SERVICE INFORMATION 1. A. Define the population and geographic area targeted for services through this project. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? 2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A, question 4. 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). B. What number of people are currently being served in the 18th Judicial District and how? (Identify source of information.) Explain how you report client numbers and service numbers. C. What percent of the victims you serve are monolingual Spanish speakers? D. How will your project diminish or eliminate any duplication of services? E. How will you coordinate services with similar or like programs? Page 43 of 359 3 4. Define the management plan for the program/project. Identify specifically who will: be responsible for daily operations be accountable for the expenditure of grant funds. Include the resume of program/project administrator 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? SECTION C: EVALUATION INFORMATION 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain how you evaluate the following: Process Evaluation – Did the program meet the project goals and objectives? Outcome/Impact Evaluation – Did the program achieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? Overall agency success – How do you measure if your agency is “doing its job” well? SECTION D: CONSTITUTIONAL AMENDMENT 1. A. Define how this program/project will address the guidelines for assuring the rights of victims and witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.). List specific services to be provided. B. What services are you providing as outlined in the VALE statute (Section 24-4.2- 105 C.R.S.). 2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? Yes No If yes, please answer the following questions. How do you presently notify victims of their rights under the VRA? What is the approximate number of clients who receive notifications made by your agency each year? (N= # of clients) What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) 3. Does your agency have a victim rights brochure that is distributed to victims? 4. Describe the training your agency provides to all staff and volunteers about informing victims of their rights under the Colorado Constitution. Date of last training: Training provide by: What percent of your staff attended the above training? Page 44 of 359 4 Who conducted the training session? If last training was more than a year ago, Date of your next training: Who is the trainer? 5. Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement? Yes No Is so, list services: Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? Yes No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training: Training provide by: SECTION E: ADDITIONAL COMMENTS Page 45 of 359 5 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ 2. Will the amount requested provide full funding for the project? Yes No If no, please identify other funding sources and amounts received within the past two years. Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount 3. Are you currently receiving VALE funding? Yes No If yes, please identify the Judicial District and the amount requested and received. Include current year funding from the 18th Judicial District. Date of Award District Amount Requested Amount Received 4. Will you be applying to other VALE Boards for funding? Yes No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5. Does your agency receive victim assistance funding through the use of a municipal surcharge? If yes, you must provide specific documentation outlining your agency’s surcharge intake for the last two fiscal years and detailing how these funds were distributed. 6. If an increased amount of funding over this year’s grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation. 7. Anticipated client fees if any, from this project: $_________________ 8. Describe the volunteer and/or in-kind services that will be used for this program/project. 9. What percentage of your total budget is this request for VALE funds? 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific. 11. Have you applied for VOCA funding? If not why? Page 46 of 359 6 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1-304 C.R.S. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Project Director Typed Name of Project Director Signature Project Director’s Date Agency Director Typed Name of Agency Director Signature, Agency Director Date Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency. This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit Page 47 of 359 7 information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. Authorized Official: The authorized official is the person who is, by virtue of such person's position, authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of Directors, Superintendent, or other Chief Executive Officer. Page 48 of 359 1 VALE NARRATIVE REPORT FORM 18th Judicial District Grant # Reporting forms must be typed or printed in black ink. Please submit only the original of your reporting form. This form may be duplicated on your computer to allow enough space to answer the questions completely. Please limit your responses to a maximum of four pages. Six Month Report Year End Report Other Report (Reflects first six months) (Cumulative Report) Agency Name Date Address Phone Project Title Project Director Prepared By Project Description: Page 49 of 359 2 PERFORMANCE REPORT 1. Total number of victims of crime assisted by this agency during this six-months/full year. If applicable, please categorize by services. 2. List your stated goals and objectives and an evaluation of those goals and objectives for this six-months/full year. If you provided services to victims of crime in other ways other than those stated in your goals and objectives, please identify those services. 3. Problems or critical events: 4. Milestones/Innovative Actions: Page 50 of 359 3 5. Community Liaison and Networking Activities: 6. How do you plan to obtain your goals and objectives during the next six months? Do you foresee any changes from the original plan? (Only fill out if this is a six-month report.) Any other pertinent facts you would like to present to the VALE Board. Please attach statistical information that is pertinent to your project. Agency Director Date Please send report to: Tim Sherbondy, Grant Evaluator District Attorney's Office 6450 S Revere Pkwy Centennial, Colorado 80111 (720) 874-8620 Rev. 12/19 Page 51 of 359 REQUEST FOR PROPOSAL January 17, 2020 THE 18th JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD ANNOUNCES THE AVAILABILITY OF VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT FUNDS For July 1, 2020 through June 30, 2021 ELIGIBILITY AND EVALUATION CRITERIA ARE ATTACHED APPLICATIONS ARE DUE BY: Friday, February 28, 2020 at 4:00 p.m. Late applications will not be accepted. For more information contact: Tim Sherbondy, Grant Evaluator District Attorney’s Office 6450 S Revere Pkwy Centennial, Colorado 80111 (720) 874-8620 tsherbondy@da18.state.co.us VICTIM ASSISTANCE LAW ENFORCEMENT BOARD EIGHTEENTH JUDICIAL DISTRICT 6450 S REVERE PKWY, CENTENNIAL, CO 80111 TELEPHONE: 720.874.8608 FAX: 720.733.4697 Page 52 of 359 January 17, 2020 REQUEST FOR PROPOSAL Funding Cycle July 1, 2020 to June 30, 2021 The 18th Judicial District Victim Assistance and Law Enforcement (VALE) Board announces the availability of local VALE funds authorized by Title 24, Article 4.2, Colorado Revised Statutes. PURPOSE: This request for proposal provides prospective applicants with sufficient information to apply for VALE Grant Funds. ANTICIPATED AMOUNT AVAILABLE: Because VALE funds are obtained through the assessment of fines by the courts, it is impossible to know the exact amount of funds that will be available for grants in 2020/2021. In 2019, the Board awarded a total of $1,485,765.00 to 36 agencies that provide services to victims of crime in Arapahoe, Douglas, Elbert and Lincoln Counties. It is anticipated that approximately $1,300,000.00 will be available for 2020/2021. Due to lack of funding, the Board will not grant any scholarship requests. The budget will be reviewed again in April and if finances allow, the Board may consider COVA scholarships. Notification regarding the Board’s decision regarding scholarships will be sent, no later than May 1, 2020. FOR THE 2019/20 GRANT CYCLE GRANT PERIOD: July 1, 2020 through June 30, 2021 ELIGIBILITY: The local VALE Board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies that the Board deems appropriate. The Board shall accept and evaluate applications related to the implementation of the rights afforded to crime victims pursuant to Section 24-4.1-302.5 C.R.S. and for the provision of services delineated pursuant to Sections 24-4.1-303 and 304 C.R.S. Such monies shall not be used for defraying the costs of routine and ongoing operating expenses. Grants submitted to the Board must serve persons residing or victimized in the 18th Judicial District, which is Arapahoe, Douglas, Elbert and Lincoln Counties. PRIORITY CATEGORIES: The 18th Judicial District VALE Board will give priority consideration to victim services and law enforcement programs which: (1) Are required to provide victim services for the implementation of the rights afforded to crime victims pursuant to Section 24-4.1-302.5 C.R.S.; (2) The provision of the services and programs delineated in Sections 24-4.1-303 C.R.S., 24-4.1-304 C.R.S. and 24-4.2-105(4) C.R.S. related to all crimes as defined by Section 24-4.1-302(1) C.R.S.; (3) Provide direct services to victims of crime; Page 53 of 359 (4) Have demonstrated an effective response to victim needs; or will provide new, innovative, or unmet victim services; (5) Do not duplicate other victim services in the 18 th Judicial District. PLEASE NOTE: According to C.R.S. 24-4.2-105(2.5)(a), “The board shall not accept, evaluate, or approve any application requesting grants of money…from any state agency, including local offices of such agencies; except…the court Administrator…for the purpose of collecting all moneys assessed by the courts… (and) local probation department…for the purpose of implementing the rights of victims…” PLEASE NOTE: Copies of the state statutes related to these funds are available on the Colorado State Government web page (www.state.co.us click on Government, then Colorado Constitution and Statutes, then Colorado Revised Statutes C.R.S.) APPLICATION TIME TABLE: January 17, 2020 RFP’S mailed/emailed to prospective applicants. (Grant applications mailed/emailed to prior recipients) February 28, 2020 Grant Application Submission Deadline – An original and eight duplexed copies (total of 9) of the completed grant application must be received by February 28 at 4:00 p.m. at the office of the District Attorney, 6450 S Revere Pkwy, Centennial, Colorado. NOTE: Applicants mailing their applications must allow sufficient mail delivery time to ensure receipt of their proposals by the specified time. LATE PROPOSALS WILL NOT BE ACCEPTED. April 27 - 28, 2020 Application review by the VALE Board; Board will hear oral presentations each day beginning at 8:15 a.m. April 28, 2020 VALE Board will hold its decision making meeting at the 18th Judicial District Attorney’s Office, 6450 S Revere Pkwy, Centennial Colorado. May 8, 2020 Results of funding decisions will be mailed. May 14, 2020 Deadline for request for reconsideration of denied grants. May 21, 2020 Board will hold Reconsideration Hearing(s) if needed. June 19, 2019 Signed contracts due back to the Board. Page 54 of 359 APPLICATION SUBMISSION: An original and eight (8) copies of the entire application must be received no later than 4:00 p.m., Friday, February 28, 2020, by the Grant Evaluator at the 18th Judicial District Attorney’s Office, 6450 S Revere Pkwy, Centennial, Colorado 80111. Applicants may not FAX or E-mail applications to the VALE Board under any circumstances. Applicants mailing their applications must allow sufficient mail delivery time to ensure receipt of their proposals by the deadline. Applications received after the deadline will not be considered. EVALUATION CRITERIA: (1) Grant project falls under the VALE Statute Title 24, Article 4.2, C.R.S. (2) The project provides victim services to implement the Victims Rights Constitutional Amendment. (3) Application is complete, concise, clearly represents the proposed project, and provides all information requested. (4) The project provides direct services to victims of crime in the 18 th Judicial District. (5) Applicant has demonstrated a need for the project. (6) The applicant is effective in responding to the needs of victims of crime. (7) Applicant does not duplicate services provided by other resources. (8) Applicant efficiently utilizes its resources, including volunteers or otherwise maximizes the number of persons served per grant dollar. (9) Applicant demonstrates good fiscal management practices. (10) Applicant has demonstrated the ability to comply with financial and program requirement (if applicant has received past funding from the VALE Board). (11) Applicant demonstrates reasonable fund raising efforts, local volunteer and/or financial support and, if appropriate, a diversified funding base. (12) Applicant has demonstrated an effective response to victim needs, or provides new, innovative or unmet victim needs in the 18th Judicial District. (13) The board will give appropriate deference to the need for continuity in providing service to programs with a proven track record with the local VALE Board. NOTE: The fact that an applicant meets eligibility requirements or has received funding in the past does not guarantee funding. A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to Section 24-4.1-302.5 and the services delineated pursuant to Sections 24-4.1-302 C.R.S. and 24-4.1-304 C.R.S. (commonly referred to as the “Victim Rights Act” and “Enabling Legislation”.) Such written acknowledgment should be outlined within the application for monies pursuant to this section. The Board shall not accept for evaluation any application for a grant or monies pursuant to this section until the requesting agency or person provides the Board with such written acknowledgment. Page 55 of 359 REQUEST FOR RECONSIDERATION: The VALE Board reserves the right to reject any or all proposals, or to reject any portion of a proposal if it is determined to be in the best interest of the 18th Judicial District to do so. All applicants who have been denied funding have a right to request a reconsideration of the Board’s denial of funding if the applicant can show that additional information is available or if a change in circumstances has occurred. NOTICE OF A REQUEST FOR RECONSIDERATION MUST BE IN WRITING AND MUST BE RECEIVED BY THE BOARD WITHIN 10 DAYS OF THE DATE OF NOTIFICATION OF THE DENIAL OF FUNDING. Requests for reconsideration will be heard at the May 21, 2020 Board meeting. Written notification of the results of the request will be mailed to the applicant within seven (7) working days after a determination has been made. APPLICANTS MAY REQUEST A GRANT APPLICATION PACKET BY CALLING OR WRITING: Tim Sherbondy, Grant Evaluator District Attorney’s Office 6450 S Revere Pkwy Centennial, Colorado 80111 (720) 874-8620 tsherbondy@da18.state.co.us Note: Applicants may request an emailed application or a paper application of the short or long form. The short form is for requests to purchase equipment or for grants of $5,000 or less. Page 56 of 359 For Official Use Only: 'Date Received Application Number V/S or L/E Project Duration to Previously Funded Yes No All Materials Included Yes No Date of Board Review Approved Denied Award Amount *-k-k~Jr*-k******-k~k*-k-k~k~k**~k**k*'k~k***********~k***-k-k**-k-k***************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial,CO 80111 (720)874-8608 amaez@da18.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately.Application must be typed or printed in black ink.Applications must be copied on both sides (duplex).All application pages must be numbered.Please submit one original and eight copies of your application.Limit application to 12 pages including cover sheet and signature page,but excluding attachments.Do not use a font any smaller than 12 point. I.APPLICANT AGENCY Englewood Police Department ll.PROJECT TITLE Victim/Witness Advocate Project Director Chief John Collins Phone 303-762-2452 Fax 303-783-6902 Address 3615 S Elati St Englewood CO 80110 E-mail:nwenig@englewoodco.gov.Web page: http://wvvw.englewoodco.gov/inside-city-halI/city-departrnents/poIice-department/victim—assistance III.AMOUNT REQUESTED $22,110.00 IV.NON-PROFIT STATUS:Yes xx No In Progress Tax ID Number GOVERNMENT AGENCY:xx YES NO V.REQUIRED ATTACHMENTS (Include with all copies): A.Budgets 1.Agency Budget (Waived for governmental agencies) 2.Victim Assistance Program Budget 3.Itemized Project Budget (must include budget narrative) Copy of 501(0)(3)IRS Tax Ruling (if applicable) Listing of Board of Directors and Key Officers Copy of current Financial Statement and Audit Report —(Waived for governmental agencies)(Attach to original copy only) Management Letter from Auditor —(Waived for governmental agencies) Random Sampling of Client Satisfaction Surveys Ifyou are requesting a full or part—timeposition,you must attach your agency's classification of that position and job description Resume of program/project administrator I .0.""!""9.0.07 Page 57 of 359 APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (01/2015) SECTION A:PROJECT CONCEPT/DESIGN 1.Description of the applicant agency: Englewood Police Department provides emergency response to crime and non—crimeincidents within the City of Englewood as the primary law enforcement agency for the City. 2.Substantiate or quantify the problem your program is designed to address within this community, i.e.factually or with other supportive documentation. Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court.This position is currently held by Nicole Maynard.The Victim/Witness Advocate position is designed to assist victims of domestic violence who are seen in the Municipal Court.In 2018,the Englewood Police Department made 137 overall domestic violence arrests and 115 of those cases were seen in the Municipal Court.From July 1,2017 to July 1,2018 there were 261 total victims of domestic violence assisted in the Municipal Court. These numbers reflect the cases historically as well. 3.Description of the project,which would be funded by VALE funds in the 18th Judicial District.(Be specific regarding what services VALE funds will provide to gs community.) The Victim/Witness Advocate forthe Englewood Municipal Court provides support for victims of domestic violence through the Court process.The position also ensures that victims are informed of their Rights underthe Constitution and assists in providing those Rights.During the period from July 1, 2017 to June 30,2018 there were 98 arraignments ofdomestic violence crimes in the Municipal Court. The Victim/Witness Advocate contacted 261 victims during that time and 80 were new victims.There were 556 contacts with victims at arraignments,penalty hearings,probation reviews,motions hearings,show cause hearings,and trials.Ms.Maynard also contacted victims through telephone calls,personal appointments,and letters.These contacts were to answer questions,inform victims of their Rights,and to discuss needs.Ms.Maynard also counsels family members who come to Court with the victims.These numbers are average historically and we expect the need for services to remain the same,or increase,for this upcoming Grant cycle. 4.A.Identify and describe the project's goals and objectives.Your objectives must be measurable and specific. 0 To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim’s Bill of Rights; c To ensure that victims in the Englewood Municipal Court are informed oftheir Rights underthe Victim’s Bill of Rights; 0 To provide follow-up with victims after Court; 0 To educate victims of the dynamics of domestic violence; c To provide referrals to appropriate community resources such as Victim Compensation, counseling,legal or financial assistance; Page 58 of 359 (Section A question 4.A.continued) c To maintain contact with agencies or individuals such as Victim Compensation,Interfaith Task Force,Human Services,shelters and therapists to maintain up—to—dateresources available to the victim; c To work closely with the probation officerto be sure that the goals of therapy are being met and the needs of the victim are being considered; c To keep a client “check list”form for each domestic violence client served.This checklist will include referrals made,Victim Compensation application given,therapists suggested and restitution requests; -To maintain Court information,brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services. B.What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing.The Advocate meets with each victim at the initial arraignment hearing and meets the immediate needs of the victim and informs her/him of Rights and the process.Each victim is provided follow-up in person or through phone calls. 5.A.Address what problems,if any,you anticipate in implementing the program/project goals and objectives. We do not anticipate any problems in implementing the program goals.The program has been successful in the past and any concerns/problems that have arisen have been mediated with all parties involved. B.How do you plan to resolve these problems? Victim Assistance has an excellent working relationship with the Prosecutor's Office and the Court.Victim Assistance is part of a collaborative effort to solve the problem and represent victims in the solution.This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions. SECTION B:SERVICE INFORMATION A.Define the population and geographic area targeted for services through this project. This program will be available to all victims of domestic violence who are victimized in the City of Englewood and whose case is heard in the Englewood Municipal Court B.If the project is not located entirely in the 18th Judicial District,what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 18”‘Judicial District. Page 59 of 359 2.A.Include a bmej description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background.if the project does not now strive to offer culturally competent services, how willyou do this in the coming grant period?Include cultural competency efforts in the goals and objectives in Section A,question 4. c We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language. o The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. o All ofthe Court information is translated into Spanish.We have a Spanish speaking interpreter for Court hearings which are scheduled once a month for all the Spanish speaking clients. These services are provided by Executive Languages. c We have available a list of agencies from many ethnic backgrounds and are constantly updating this list.Examples include:Asian Pacific Development Center,DOVE,CHAI,Servicios de la Raza,and Muslim Family Services. 0 We have packets designed specifically for the Gay,Lesbian,Bisexual,Transgendered,Queer population and the unique dynamics presented. 0 We have packets designed to address male victims. in addition to providing information in native languages,the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates.Ms.Maynard and Ms.Wenig have attended several trainings,provided by the Colorado Coalition Against Domestic Violence,the University of Denver,and the Colorado Organization for Victim Assistance,on culturally appropriate responses and interventions.Ms.Maynard and Ms.Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. 3.A.What number of people is in need of the services as proposed by this project? (Identify source of information). From July 1,2017 to June 30,2018,there were 98 new cases and 261 total victims served in the Municipal Court as documented by Court records.The Victim/Witness Advocate attempts to contact all those whose lives are impacted by domestic violence,identified by either offense reports or incident reports.During this time period,Ms.Maynard contacted 163 people affected by domestic violence outside of the Court process.These victims made contact with the Police Department and the incident did not rise to the level of an arrest;however,services were offered to these victims. Historically,these numbers remain similar and we anticipate the same level of need forthe upcoming Grant cycle. B.What number of people are currentljgaing served in the 18th Judicial District and how?(Identify source of information.)Explain how you report client numbers and service numbers. At present,there are approximately 320 domestic violence cases active in the Municipal Court and approximately 255 victims being served from 2018 and previous years.Each month, approximately 10 cases are finalized;hence,the number of active cases is constantly changing.Ms. Maynard keeps a written record of all client contacts.At any point during the case,a victim may require notification or intervention.There are approximately 10 to 15 new cases each month. Page 60 of 359 C.What percent of the victims you serve are monolingual Spanish speakers? There are approximately 2%monolingual Spanish speaking victims.One afternoon per month is designated as a Spanish—speaking docket.Allofthe Spanish—speaking domestic violence cases are set on this docket.The Victim/Witness Advocate has access to an interpreter and is able to interview victims. D.How will your project diminish or eliminate any duplication of services? There are no similar services in the Municipal Court.This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services.Each victim is matched with referral resources that meet her or his needs. E.How will you coordinate services with similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral,each victim is matched with referral resources that meet her or his needs.Ms.Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed.Our working relationship with other agencies is excellent 4.Define the management plan for the program/project.Identify specifically who will: 0 be responsible for daily operations 0 be accountable for the expenditure of grant funds. 0 Include the resume of program/project administrator The Victim Services Coordinator,Nancy Wenig,is the coordinator and supervisor of the project. The Victim/Witness Advocate,Nicole Maynard,submits a daily record of court activity to Ms.Wenig, which includes victim name,referrals made,victim compensation information,restitution requests,and any other pertinent information.Ms.Wenig is responsible forthe expenditure of the grant funds under the supervision of the Chief of Police,John Collins,and the Director of Finance,Maria Saboda. 5.In compliance with the American Disability Act (ADA)on providing access,nowdoes your agency provide accommodations for crime victims or victim service providers? The Englewood Municipal Court is fully accessible to persons with disabilities.We collaborate with other service providers to address all areas of disability. SECTION C:EVALUATION INFORMATION 1.How willyou evaluate whether or not this project has met its stated goals and objectives?Explain how you evaluate the following: -Process Evaluation —Did the program meet the project goals and objectives? -Outcome/Impact Evaluation —Did the program achieve the stated outcomes or behavioral changes?How did the delivery of services improve the life situation of your clients? 0 Overall agency success —How do you measure if your agency is “doing its job”well? Page 61 of 359 Process Evaluation:The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance.The program will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Outcome Evaluation:Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available.One measure of success is the rate of acceptance of Victim Compensation applications for counseling.In 2018,77 victims contacted at arraignment took applications for Victim Compensation.We constantly encourage victims to participate in counseling.We hope our efforts to encourage counseling for victims will help them recover.It is difficult to quantify this measure of success. It is noted;however,that many victims contact the Advocate months or years later when facing a separate life crisis.It is a measure of success that the victim feels safe contacting Ms.Maynard to receive counsel,advice,and knowledge of systems even after the case is final.The program also refers victims to community resources to aid with financial recovery. In particular,we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS)to assist those fleeing violence with financial assistance.In 2018,there were 45 referrals made to IFCS to assist domestic violence victims with various financial needs, such as rent,cell phone replacement,bus tickets,and moving expenses.Additional referrals were made to Catholic Charities. Overall agency success:Our relationship with the City Attorney and Judge is excellent.The process with which victims move through the Court process is efficient and informative. Survey reports and follow up phone calls reflect a positive experience in the Court.Victims are encouraged to keep in contact with Ms.Maynard to work through any rough spots in their recovery.If a victim has a concern or complaint at any time during the process,it is immediately staffed between Ms.Maynard and Ms.Wenig.The concern is then addressed where the problem is concerned.This may be with Court,Prosecution,or Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. SECTION D:CONSTITUTIONAL AMENDMENT 1.A.Define how this program/project will address the guidelines for assuring the rights of victims and witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.).List specific services to be provided. The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court; Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights.The Court program addresses these rights including:the right to be present and informed of critical stages in Court,to be heard at Court proceedings,and to confer with the prosecuting attorney prior to disposition; The victim is asked if restitution is requested and is offered services such as financial or legal help,shelters,or Victim Compensation; The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings; Page 62 of 359 Each victim is given a brochure at the arraignment,which outlines Victim’s Rights;These Rights are reviewed by the Victim/Witness Advocate periodically to determine the victim’s comprehension of these Rights; Victims are informed of each stage of his/her case; No plea agreement is made with the defendant without consulting the victim; The victim is allowed to address the Court at most hearings; All victims are treated with fairness,dignity,and respect; Victims are informed,present,and heard; Victims are given a free copy of the initial report when requested B.What services are you providing as outlined in the VALE statute (Section 24—4.2- 105 C.R.S.). The Victim/Witness Advocate program provides the services outlined and ensures compliance with assuring Rights to victims of domestic violence in the Municipal Court through: Providing crisis intervention to victims; Referring victims to appropriate resources,to include Victim Compensation,and assisting victims with filling out forms; Educating victims on the criminal justice system; Assisting with the prompt return of property; Notification of all stages of the case; Intercession with employers or landlords; Provision of translation services through language line or interpretation services in person; Assistance with transportation to Court. 2.Does your agency have a statutory mandate to notify victims underthe Victim Rights Amendment (VRA)?xx_Yes No If yes,please answer the following questions. How do you presently notify victims of their rights under the VRA? A folder is provided to each victim at arraignment,which contains No Contact Orders, literature on Domestic Violence,a Victim’s Rights brochure,Victim Compensation application and the Victim/Witness Advocate’s card.Ms.Maynard explains these Victim’s Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case,schedules and results of hearings,availability of property return and other information pertinent to the victim’s case while the case is active in Court.Ms.Maynard makes these contacts in person,by phone,and by letter. What is the approximate number of clients who receive notifications made by your agency each year?(N=#of clients) There were approximately 261 victims contacted from July 1,2017 to June 30,2018. These victims had cases in various stages of resolution,each needing information on the status of the case as well as other information pertinent to the victim’s needs,e.g.property return,Victim Compensation information,etc. Page 63 of 359 What is the approximate total number of notifications made by your agency each year?(N=#of total notifications) Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court.With 261 victims in this time period,this equals approximately 1,305 contacts with victims in person,by phone,and by letter.Ms.Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights,and provide resources and support.These additional contacts are not reflected in these numbers.However,163 additional contacts were made to victims facing domestic violence outside of the Court process. 3.Does your agency have a victim rights brochure that is distributed to victims? A Victim’s Rights Brochure is attached.This is given to each victim at the time of arraignment or through a letter sent to the victim. 4.Describe the training your agency provides to all staff and volunteers about informing victims of their rights under the Colorado Constitution. Date of last training:October 2018 Training provide by:Nancy We?g What percent of your staff attended the above training? 100% Who conducted the training session? Nancy Wenig,Victim Assistance Coordinator in the |n—Service Academy If last training was more than a year ago, Date of your next training: Who is the trainer? 5.Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement?Yes xx No Is so,list services: Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers?xx Yes No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training:October 2018 Training provide by:COVA Conference and In-Service Academy Page 64 of 359 SECTION E:ADDITIONAL COMMENTS Page 65 of 359 SECTION F:BUDGET SUMMARYIFINANCIAL INFORMATION 1.Total amount of VALE funds requested:$22110.00 2.Will the amount requested provide full funding forthe project?Yes x No If no,please identify other funding sources and amounts received within the past two years. Do not include other VALE funding.Please also include other pending grants. Source Date of Award Amount 3.Are you currently receiving VALE funding?x Yes No If yes,please identify the Judicial District and the amount requested and received.Include current yearfunding from the 18th Judicial District. Date of Award District Amount Requested Amount Received 4/23/18 18th $21,332.00 $20,000.00_ 4.Will you be applying to other VALE Boards forfunding?Yes x No If yes,please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5.Does your agency receive victim assistance funding through the use of a municipal surcharge?If yes,you must provide specific documentation outlining your agency’s surcharge intake for the last two fiscal years and detailing how these funds were distributed. In 2014,Judge Atencio granted a domestic violence fee of $50.00 to be assessed on each case involving a domestic violence disposition.The Court has collected $7530.09 thus far.When assessing the fee,the Judge indicated that the program may use it to benefit victims of domestic violence orto offset costs ofthe program.The program has spent $350.00 on emergency assistance for victims of domestic violence.There are not enough funds to supplement salary at this point.The fund depends on payment from defendants and will most likely not see a significant balance for some time;however,we are excited for this step. 6.If an increased amount of funding over this year’s grant award is being requested,please provide written justification.Substantiate or quantify factually or with other supportive documentation. The Grant request is reflective of 40%of the base salary for the position.It is an increase in the request from last year to account for cost of living increases to the position. 7.Anticipated client fees ifany,from this project:$N/A 10 Page 66 of 359 8.Describe the volunteer and/or in—kindservices that will be used for this program/project. There are no volunteer or in-kind services used for this program. 9.What percentage of your total budget is this request for VALE funds? Approximately 40%of the base salary would be VALE funded.The City of Englewood assumes all costs for benefits,retirement contributions,and insurance,which is $9,510.00 in addition to the base salary. 10.If this program/project is to continue beyond the initial funding period,please identify how the program/project will be funded in the future.Please be specific. The City of Englewood is committed to the Victim/Witness Program in the Municipal Court.The City is willing to provide the difference in the total cost of the program. 11.Have you applied for VOCA funding?If not why? We applied for and received VOCA funding for an additional Part-Time Advocate to assist with after-hours and Crisis Intervention.We were also awarded funding to attend the COVA Conference.In both internal planning as well as with staff at the Department of Criminal Justice,it was determined that applying for funding for this Victim/Witness Advocate position would be supplanting due to the long—termsupport of both the VALE Board and the City of Englewood.For this reason,we did not apply for VOCA funding for this position. 11 Page 67 of 359 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24—4.1-302.5 C.R.S.and the services delineated pursuant to sections 24-4.1—303C.R.S.and 23-4.1- 304 C.R.S. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Project Director Typed Name of Project Director Signature Project Director’s Date Agency Director Typed Name of Agency Director Signature,Agency Director Date Financial Officer Typed Name of Financial Officer Signature,Financial Officer Date Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Pro'ect Director:The person who has direct responsibility for the implementation of the project.This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel.He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget.This person willnormally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements.The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director:The executive director of the agency.This may in some agencies be the same person as the project director or authorized official. Financial Officer:The person who is responsible for all financial matters related to the program and who has responsibility for the accounting,management of funds,and verification of expenditures,audit information and financial reports.The person who actually prepares the financial reports may be under the supervision of the Financial Officer.The Financial Officer must be a person other than the Authorized Official or the Project Director. Authorized Official:The authorized official is the person who is,by virtue of such person's position,authorized to enter into contracts for the grant recipient.This could include:Mayor or City Manager,Chairperson of the County Commissioners,District Attorney,President of Chairperson of the Board of Directors,Superintendent, or other Chief Executive Officer. 12 Page 68 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: February 18, 2020 SUBJECT: Approval of Contract Amendment with Keesen Landscape Services for Snow & Ice Control Services DESCRIPTION: Approval of Contract Amendment with Keesen Landscape Services for Snow & Ice Control Services RECOMMENDATION: Staff recommends increasing the contract amount with Keesen Landscape Services, Inc. by $150,000 to $400,000 to allow for snow & ice control services for the remainder of the 2020 snow season in the Englewood Environmental Foundation area. PREVIOUS COUNCIL ACTION: A contract amendment was approved by the City Council on December 16, 2019 which increased the contract amount from $95,000 to $250,000. SUMMARY: Snow & ice control services and costs are highly variable based on the number, intensity and duration of the storm events. The anticipated costs for snow & ice removal for the remainder of the 2019-2020 snow season in the EEF area are expected to exceed the budgeted amount. Therefore, staff is bringing forward a contract amendment to increase the contract amount from $250,000 to $400,000. City staff has modified their practices to provide direction, prior to a pending storm event, to Keesen regarding the amount of resources needed and to reach agreement on expected level of effort. This will assist greatly in more closely managing the contract expenditures. ANALYSIS: The city has experienced significant snowfall already in the 2019-2020 snow season. The snow amounts for several prior seasons, in comparison, are detailed below: Season Normal (inches) Actual (inches) Departure, from Normal 2019-2020* 27.4 29.9 +2.5 2018-2019 57.1 48.1 -9.0 2017-2018 57.1 25.7 -31.4 2016-2017 57.1 21.8 -35.3 * through January 2020, per National Weather Service data Page 69 of 359 A contract with Keesen Landscape Services, was established on June 10, 2019, after a formal proposal process, with a not-to-exceed amount of $95,000. This amount was increased to $250,000 in December 2019. At that time, the city had not yet received all of the invoices for the significant storm event which occurred from November 25 - 27, 2019. A summary of storm events in Englewood with total snow accumulation and cost data, for the 2019-2020 season, is attached. As this was a new contract, City staff has been working with Keesen to determine the correct level of staffing and effort needed to respond to events for the EEF area. Keesen has expended significant resources for prior events which has led to a higher level of service than needed. Staff has discussed this with them and staff has modified their practices to provide direction, prior to a pending storm event, regarding the amount of resources needed and reach agreement on expected level of effort. This will assist greatly in more closely managing the contract expenditures. FINANCIAL IMPLICATIONS: EEF expenditures for snow & ice control over the past three years (by snow season) are summarized below: 2016-2017 2017-2018 2018-2019 2019-2020 $172,008 $151,630 $239,345 $228,590 The proposed contract amendment would increase the contract from $250,000 to $400,000. This is a not-to-exceed amount meaning that the contractor is required to submit invoices detailing the actual hours worked and amount of materials expended. Staff monitors the work as it is occurring and verifies the invoices for accuracy in accordance with the contract unit prices, prior to payment. $300,000 was included in the 2020 budget for snow removal. Snow & ice control services and costs are highly variable based on the number, intensity and duration of the storm events. Therefore, while the increased contract amount is anticipated to be adequate to cover the remainder of the 2019-2020 snow season, another contract amendment may be necessary, if the city experiences further significant snow & ice events. ALTERNATIVES: An alternative would be to have city staff provide these services. While this is possible, it would defer them from staff's regular duties elsewhere. CONCLUSION: Staff recommends approving, by motion, a contract amendment to CFS 16-46, in the amount of $150,000, for a total contract amount of $400,000. ATTACHMENTS: Change Order No. 2 Contract Approval Summary Keesen Contract #19-46 2019 Keesen Costs-to-Date, by Storm Event EEF Area Map Page 70 of 359 Date: Project Name: Department: Project Manager: Contractor: Eii?lewood PROCUREMENT DIVISION CHANGE ORDER December 16,2019 Snow 8:Ice Control Services Englewood Environmental Foundation Dan Rinker Keesen Landscape Management, Inc. Change Order it:02 Contra ct #:CFS/19-46 PO #:2019-0000560 Original Agreement Date:June 10,2019 Englewood Environmental Location: CHANGEORDER TYPE Select the best description of this Change Order (Check one): Foundation X Standard Change Order Unforeseen Site Conditions (Justification attached) Emergency (Authorization attached) Substantial (Authorization attached) CONTRACTSUMMARY Original Contract Amount:$95,000“,Original completion date:June 9’2020 Previous Change Order(s):5155,ooo_oo Previous change in time:(0 )Days Contract Amount Prior to Completion Date Prior to this Change Order:$250,000.00 this Change Order:June 9,2020 h’h ngrgztrtoft'5 C a ge $150,000.00 Change in contract time:(0 “Days New Contract Amount:$400’o°0_oo New Completion Date:June 9'2°20 CHANGEORDER SUMMARY The following changes are hereby made to the contract documents: with heaviest anticipated snowfall amounts still ahead. Change in Change in InitiatedRefflSummaryDescriptionContractContract B _ Price Time y’ Additional funding is needed to account for storm events since October 2019.To date,nearly all of the appropriated funds have been expended $150,000 0 Days City APPROVALS REQUIRED 1000 Englewood Parkway,Englewooo.Colorado 80110-2373 (303)762-2300 www.englewoodgov.org Page 71 of 359 "E??lewoodUPROCUREMENTDIVISION CHANGEORDER The parties understand and agree that this Change Order does not amend or change the terms of the original contract/agreement entered June 10,2019 into b the arties on:Ori inal A reement Date roved b Mana er:Date:2’"/‘Z0 A roved b Contractor:Date:Z’L!’20 *Accepted &Approved by Owner:Date: /f the amount of the change order Is 70%or more of the ongtnat contract amount.the City Manager must approve. ‘If the amount of the change order ts over $24,999.99 the change order WINrequrre C/ty Council approval. PCM.Proposed Contract Modification 1000 Englewood Parkway,Engtewood,Colorado 801102373 (303)762-2300 www.eng|ewoodgov.0rg Page 72 of 359 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Steve Ortega Phone: 303-762-2535 Title: Operations and Maintenance Manager Email: sortega@englewoodco.gov Vendor Contact Information Vendor Name: Keesen Landscape Mgmt, Inc. Vendor Contact: Steve Genders Vendor Address: 3355 S. Umatilla St. Vendor Phone: 303-761-0444 City: Englewood Vendor Email: sgenders@keesenlandscape.com State: CO Zip Code: 80110 Contract Type Contract Type:Other (describe below) Description of ‘Other’ Contract Type: Vendor Services Agreement Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☒Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 06/10/2019 End Date: 06/09/2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $400,000.00 If Amended: Original Amount $250,000.00 Amendment Amount $150,000.00 Total as Amended: $400,000.00 Renewal options available: The city may offer an extension based on the language provided in the special conditions. Payment terms (please describe terms or attach schedule if based on deliverables): The city will pay vendor for the work in accordance with unit prices for actual services provided. Monthly payments will be made upon work completed and approval of the invoice. Typical snow & ice removal services may include, but are not limited to, plowing/removing snow & ice from parking lots, parking garage, sidewalks and pedestrian ramps. The bridge to the RTD light rail station is not included in the scope of work. Deicing agents shall be applied to all pedestrian access/egress points, stairways, sidewalks and pedestrian ramps during or immediately after snow removal. Page 73 of 359 Contract Approval Summary March 2019 Update Page | 2 Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☒Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C -$ -$ O 2020 85 8501 5010003 Snow & Ice Removal 300,000.00$ -$ 150,000.00$ 150,000.00$ -$ -$ -$ -$ Total by Fund - Current Year 300,000.00$ -$ 150,000.00$ 150,000.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 300,000.00$ -$ 150,000.00$ 150,000.00$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 74 of 359 Page 75 of 359 Page 76 of 359 Page 77 of 359 Page 78 of 359 Page 79 of 359 Page 80 of 359 Page 81 of 359 Page 82 of 359 Page 83 of 359 6. Socmzm?soou_um:2<m<.m:c_n€ooa.Oo_o..mno 8:9 H3 $9:an88$2<<<m:m_m<<oon_mo<.u6 q m:o<<w .8 zm3o<m_ ?...._:n.:._.a 5 <n=oc; nuv9,.u<hii 5 O3. 2215 nz?uEr 5.. 3.3:93.uue3<!2...:8 Sir.Page 84 of 359 kKTkRC§m\¢m_ .2 <<:.zmmmEzmxmom.u cma man.3 mnnoa anm <<=_._=._mmmnsnmm>m:mm3m3_um2<mm: =5 umamm:m_.m8 am?.8....5m u .3 :m<m939:3 53 m.m.m3m_.=2<<o.xmm2 EH am<om _.Bl. o_._.<O_u mzorméooc.OPDW93 mx Amaamn‘ \\\x\\tI.\>\%.\m»( jam” _um.mu ®?\ an ..,n.¢/.770m z,Vn2.%72.«.wzn.Oo3um:<Zma? w<_ . W,m.m7g.cmVM;hA =23.zmamv .39 $477 4/7 z 4»nu/x...7 _um.m”/OI/d I Wa/o/ aoomaamsoonN=_§m<_m:n_m<<uuq.no_o..mno 8.3 83 Gem.um~.~uoos>$<m:m_m$oon6o<Edx Page 85 of 359 Page 86 of 359 3355 South Umatilla StreetAEvnglewood,Colorado 80110 .(303)7610444 FAX (303)761-3466 wwwkeesenent com En lewood Environmental Foundation Snow Removal Services #RFP—l9-002 Dear liva Boyd. Keesen l.‘c1lldSCLlpc"l\"ldllLlgCll1'L‘lll.lnc.is please to submit our bid for pmposal #RFP-I9-002. 0 Per our map that l have included with this bid. 0 Keesen Landscape Management will have 2 loaders with 12’push boxes on site. 0 1 Skid loader with an 8’push box on site. 0 Per event,Keesen Landscape Management,Inc.will send 3 pickup trucks with 7.5 V plows with at least 1 sanding unit,two ATV/SnowRaiders to clear walks and the courtyard area,along with at least 10 to 12 hand laborers to shovel other areas. We would prefer to store an in\cn1or'_\ollce Slicemn site itpossiblc. Page 87 of 359 Pricingworksheet Item Description Cost per Hour ‘ Foreman 8:Pick Up Truck (on site)9?‘-73 Snow Removal:Sidewalks,Walk Ways &Pedestrian Ramps '375"’ Snow Removal:Parking Structure $4/3 Snow Removal:Stairways -Si‘91; Application ofDe-lcingAgent ‘6 £5” b -1 Snow Removal to Designated Area (2800 S.Platte River Drive,Englewood)(only for storm events where 5?6‘2%?accumulationisthree (3)inches or greater)0]/‘gab Callsfor Service (response required within1 hour;24 hours See bot/.2perday,seven days per week)n C Deicing materials will be provided by the Contractor,upon written approval by EEF.A markup cost to cover material acquisition,delivery,storage,etc.shall be added to allinvoices for actual costs associated with material purchase for this contract.For example,EEF would pay the Contractor: ActualMaterial Cost (based on a valid invoice)+Material Markup Percentage =Total The labor costs associated with application of the De-icingAgent are included in the hourly rate (Item No.6 above) Item No.Item Description . Material Cost Markup Percentage &,3oDe—lcingAgent (per pound applied) Page 88 of 359 Questionnaire Indicate your ability to comply with the following requirements,by checking the applicable column: Will the EEFbe added as an Additional Insured to all applicable insurance policies? is the business licensed to do business in the state of Colorado? Has your firm ?led"for bankruptcy or corporate protection under applicable federal or state laws in the last seven (7)years? Does your ?rm have the resources necessary to meet the requirements of this Contract?If No, please describe below ' Have youattached a completed W-9 form? Have all‘Addendumsbeen acknowledged? Do you have any Exceptions/Modi?cations to the proposed Contract?If Yes,please describe below Complete the following questions,(a separate form/sheetmay be used if additional space is required):' BusinessName:Kggajé?,4 Jgg?géaigé gZg¢2¢;c -I 22.74;,’ Business Address:3353‘gt ga4;z§ZX_.f :11 gg"?gzggé.ggg.?g/@ Business Contact (Name/Ttle/Phone Number/EmailAddress): ,£7(;'g;_/Q ¢1»ég'jgé,[1-,n¢‘,z¢,g£23.2 zgggegg -we’/?nite//*49.4é3a5c'=/.«'rI‘A/Id-*o6‘,49;547/M NumberofYears in Business:£2 Business Profile/OrganizationalOverview: Q 3:ézéééiégé:Q ???é Q1‘gag Number &Type of Equipment available for this Contract: Page 89 of 359 Number of Employees available forthis Contract:f igvg?j???Qgf £5 cD’c.°¢7c%zi«/‘/9'on at//~/49//>7’w~.4J;>4«,2>.¢.<, Contract Exceptions (if any): References (provide at least two separate references):| Company/Organization #1:"'’7'¢’‘ Company Contact Person (Name/Title/Phone Number/EmailAddress): 2 ;n9/zm £29227 Company/Organization #2:,!g';2[J¢gg ,5:312:/l4y¢/;,'g,v'_Q Company Contact Person (Name/Title/Phone Number/EmailAddress): ark Type &Scope of Services Provided: g ml‘!Eg?amél :‘,_I§¢'g £ Page 90 of 359 M-<T.Kn Name (print) Certi?cation of SubmittedProposal Page 91 of 359 Keesen Snow & Ice Removal Services Summary Contract Period: 6/10/19 - 6/10/20 Storm #Date Keesen Storm Cost 1 10/10 1 inch 9,337.50$ 2 10/23 & 24 1 inch 5,750.00$ 3 10/27 & 28 3.8 inches 26,585.09$ 4 10/29 & 30 7.7 inches 66,720.09$ 5 11/10 & 11 1.2 inches 10,815.05$ 6 11/20 - 11/23 2 inches 4,070.00$ 7 11/25 & 26 9.5 inches 83,815.10$ 8 12/5 0.5 inches 430.00$ 9 12/27 & 28 2.8 inches 21,067.50$ Total 29.5 inches 228,590.33$ Storm #Date Keesen Storm Cost 10 1/28 0.5 inches 11 2/3 & 2/4 2.8 inches 12 2/6 & 7 9 inches 13 2/9 2 inches Total 14.3 inches 2019/2020 Total 43.8 Totals Totals 2019 2020 Page 92 of 359 EASTMAN HURONELATIFOXGALAPAGOUS 285 DARTMOUTH SANTA FEINCAFLOYD INCAENGLEWOOD PKWY PRINTED: 2019-01-07 15:35 DRAWN BY: JDL Snow & Ice Removal (Limits shaded in yellow) Roadway cleared by City Clearing of RTD walk, bridge, andsteps requires approval prior to work. ¶N SCALE:DATE: January 7, 2019PHOTO DATE: 2016 1 inch = 300 feet Page 93 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: DEPARTMENT: DATE: February 18, 2020 SUBJECT: Resolution to appoint an alternate member to the Cultural Arts Commission DESCRIPTION: Resolution to appoint an alternate member to the Cultural Arts Commission RECOMMENDATION: Approve a resolution to appoint Ms. Julie Parker to the Cultural Arts Commission as an Alternate Member. PREVIOUS COUNCIL ACTION: City Council interviewed Ms. Parker during the January 13 Study Session. City Council then appointed Ms. Parker to Keep Englewood Beautiful (KEB) at the January 21 Regular Meeting. After learning that Ms. Parker would not be able to attend the KEB meetings due to a schedule conflict, Council discussed appointing Ms. Parker to the Cultural Arts Commission as an Alternate Member. ATTACHMENTS: Resolution to appoint Julie Parker to the CAC Page 94 of 359 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING JULIE PARKER TO THE CULTURAL ARTS COMMISSION AS AN ALTERNATE MEMBER, FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; WHEREAS, Julie Parker has graciously applied for appointment, as an alternate, to the Englewood Cultural Arts Commission; WHEREAS, the Englewood City Council desires to appoint Julie Parker to the Englewood Cultural Arts Commission, as an alternate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Julie Parker is hereby appointed, as an alternate, to the Cultural Arts Commission for the City of Englewood, Colorado. The alternate has no term expiration. ADOPTED AND APPROVED this 18th day of February, 2020. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. Stephanie Carlile, City Clerk Page 95 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: February 18, 2020 SUBJECT: CB #6 - 2020 Storm Water Utility Rate Increase Ordinance DESCRIPTION: CB #6 - 2020 Storm Water Utility Rate Increase Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance to increase Storm Water Utility Rates in 2020 for bills with service dates on or after 4/1/2020. PREVIOUS COUNCIL ACTION: Staff has presented related information at the previous Council Study Sessions/Council Meetings listed below: • September 17, 2018 - City engaged Calibre Engineering to complete flood-prone area analysis • December 3, 2018 - Council approved Ordinance No. 33, Series of 2018, authorizing a 2019 storm water utility fee increase • February 11, 2019 – An update of the Calibre Engineering storm water analysis and alternatives feasibility study • April 22, 2019 - Preliminary review of the 5 year capital needs list and alternative financing discussion • May 11, 2019 - 2020 Budget workshop including capital requests and review of alternative financing options • June 10, 2019 - Update on Calibre Engineering flood-prone area storm water analysis and alternatives feasibility study • July 8, 2019 - Additional information provided regarding flood-prone area storm water feasibility and alternatives study, including short-term/long-term elements • July 22, 2019 - Storm drainage alternatives and funding recommendations for S1 and S2 project • August 19, 2019 - Council approved Ordinance No. 35, series of 2019 approving a $3.0 million, 1% interest bearing loan from General Fund Long Term Asset Account (LTAR) to Storm Water Drainage Fund • October 28, 2019 - Flood prone area storm water update; feasibility analysis for alignment along Radcliff Ave for the S1 project and updated information related to Projects S2 and S3 • January 21, 2020 - Storm water program update and capital projects overview • January 27, 2020 - Storm Water Utility Raftelis Rate Study and Revenue Bond Update Page 96 of 359 SUMMARY: The Storm Water Utility fee increase is estimated to will generate approximately $1,183,000.00 in 2020 as compared to $846,500 in 2019. The $337,500 increase will fund expanded storm drain maintenance and establish the first of three rate increases to finance the debt service from the revenue bond issue to fund the $30 million estimated capital projects costs for S1, S2 and S3 identified projects. Additional or future capital project costs will impact the current fee rate schedule. ANALYSIS: The estimated December 31, 2019 Storm Water Fund balance is $924,000. This fee increase is estimated to generated $337,500 incrementally in 2020 over 2019 or approximately $1,183,000 for the year as compared to $846,500 annually for 2019. This is the first of a series of rate increases and future fee increases will be based on study results. FINANCIAL IMPLICATIONS: Staff recommends this fee increase to fund increased maintenance, complete the study, and start building funds to cover expenses identified in the Calibre Study. CONCLUSION: Staff recommends the fee increase in order to accumulate funds to finance the debt service for the anticipated $30 million revenue bond issue in 2021 that will pay for projects S1, S2 and S3. ATTACHMENTS: Council Bill #6 Page 97 of 359 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 06 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection of a storm drainage service charge for those purposes set forth within Section 4(B); WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code provides that the Englewood City Council shall establish by ordinance those charges set forth within the storm water utility and enterprise fund for storm drainage service, with such charges maintained within the City’s Rate and Fee Schedule; and WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all property owners that floods from storm water runoff may occasionally occur which exceed the capacity of storm water facilities constructed and maintained by funds made available under that Chapter, and that property liable for the fees and charges established by that Chapter will not always be free from flooding or flood damage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes adoption of the following storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to be made applicable to all service dates on and after April 1, 2020. STORMWATER FEE BILLING CYCLE Residential/per parcel = $20.13/quarter (annual rate: $20.13/quarter X 4 = $80.52) Quarterly or Annually (See 12-5-5(A)) Commercial = $0.0168 measured per parcel per square foot of impervious surface, or $80.52, whichever amount is greater (minimum annual rate: $20.13/quarter X 4 = $80.52) Quarterly or Annually (See 12-5-5(A)) Page 98 of 359 2 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water fees, including imposing a lien upon property for nonpayment. E.M.C. Title 12, Chapter 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water utility and enterprise fund fees, including placing a lien upon the billed property. 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. Introduced, read in full, and passed on first reading on the 18th day of February, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of February, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of February, 2020. Linda Olson, 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 the Bill for Ordinance introduced, read in full, and passed on first reading on the 18th day of February, 2020. Stephanie Carlile Page 99 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: February 18, 2020 SUBJECT: CB #7 - Approval of Intergovernmental Agreement with CDOT for US 85 (Santa Fe Drive) Planning and Environmental Linkage Study DESCRIPTION: CB #7 - Approval of Intergovernmental Agreement with CDOT for US 85 (Santa Fe Drive) Planning and Environmental Linkage Study RECOMMENDATION: Staff recommends approving the ordinance on first reading. PREVIOUS COUNCIL ACTION: The City Council authorized the Mayor to sign a letter of support, including financial contribution, towards the US 85 Planning and Environmental Linkage Study on October 1, 2018. ANALYSIS: The Colorado Department of Transportation (CDOT) is undertaking a US-85 Planning and Environmental Linkage (PEL) study on US-85, between C-470 and I-25/Alameda Avenue. The cities along the US 85 corridor, including Englewood, have agreed to provide a pro-rate portion of the funding towards the project. A PEL study will assess the needs of US 85 and identify improvements for all modes of transportation in and across the corridor. The study would focus on the issues identified to date by various stakeholders along the corridor (Arapahoe County, Douglas County, City of Littleton, City of Englewood, City of Sheridan, and the City & County of Denver) and develop alternatives to address such issues. The study will be the first step in establishing a vision for improvements, operations, and changes within the corridor and will prioritize such for further evaluation, level of National Environmental Policy Act (NEPA) action required, design, and implementation. Another goal would be for consideration of the results/recommendations to be included in various other plans, (i.e. DRCOG 2050 Plan, CDOT statewide Freight Plan, etc.). A project kick-off meeting was held on February 10, 2020. The Director of Public Works, Maria D'Andrea, will represent the city on the multi-agency project management team. The study is expected to be completed in mid- to late-2021. FINANCIAL IMPLICATIONS: Funding, in the amount of $68,000, for the city's contribution was included in the 2019 capital budget. Capital allocations carry forward if not spent. So, this amount is available for the project. The total contribution from the city will be $61,800. Page 100 of 359 CONCLUSION: Staff recommends approval of the ordinance on first reading. ATTACHMENTS: Ordinance Intergovernmental Agreement Page 101 of 359 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 07 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD REGARDING A US-85 PLANNING AND ENVIRONMENTAL LINKAGE STUDY ON US-85, BETWEEN C-470 AND I-25/ALAMEDA, AND PROVIDING FOR LOCAL FUNDING TOWARD THE PROJECT. WHEREAS, Colorado Revised Statutes (C.R.S.) Sections 43-2-102 and 103, require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and C.R.S. 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; WHEREAS, the State, and the City of Englewood in its role as local entity/local agency, have agreed that a focused Planning and Environmental Linkage Study (PEL) is the correct next choice for assessing the needs of US 85, as funding for improvements to the corridor has yet to be identified, the existence of problems or concerns with the corridor have been identified, and a focused PEL will complete the evaluation/recommendation for a part of US 85 that is currently missing from two other studies (US 85 south of C-470 to I-25/Alameda); WHEREAS, The City of Englewood, in its role as Local Agency, is prepared to provide the funding for the Project, as evidenced by this ordinance when duly passed and adopted by the City Council, which expressly authorizes the City of Englewood to enter into an Agreement for and to expend its funds for Contribution to this project; WHEREAS, The City’s portion of costs under this agreement are $61,800.00; WHEREAS, The passage of this Ordinance will authorize the City of Englewood and the Colorado Department of Transportation (CDOT) to enter into the attached agreement and proceed with this project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Director of Public Works to enter into an agreement with the Colorado Department of Transportation for a US-85 Planning and Environmental Linkage Study on US-85, between C-470 and I-25/Alameda, and providing for $61,800.00 in funding toward the project, as more fully described within the contract attached hereto as Exhibit A. Page 102 of 359 2 Section 2. The funds for the US-85 Planning and Environmental Linkage Study on US-85, between C-470 and I-25/Alameda are as budgeted annually in the Department of Public Works. Introduced, read in full, and passed on first reading on the 18th day of February, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of February, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of February, 2020. Linda Olson, 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 the Bill for Ordinance introduced, read in full, and passed on first reading on the 18th day of February, 2020. Stephanie Carlile Page 103 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 1 of 7 (Local $CDOTWRK) REGION: 1 (DZ) PROJECT: 0852-117 (23143) CONTRACT THIS CONTRACT, executed this _____ day of ______________, ________ by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation (“State” or “CDOT”) and CITY OF ENGLEWOOD, 1000 Englewood Parkway. 3rd Floor, Englewood, Colorado, 80110-2373, CDOT Vendor #: 0002000021 (“Local Agency”), and the State and the Local Agency together shall be referred to as the “Parties.” RECITALS 1.Required approval, clearance and coordination have been accomplished from and with appropriate agencies.. 2.Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 3.The Local Agency has estimated the contribution and is prepared to provide the funding required for their contribution toward the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this agreement and to expend its funds for the Contribution 4.The Local Agency has funds available and desires to provide $61,800.00 in funding for the Work. 5.This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 6.The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The work under this Contract shall consist of the US-85 Planning and Environmental Linkage study on US-85, between C-470 and I-25/Alameda, and the Local Agency shall provide their Contribution toward the Project, in Englewood, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1.This Contract 2.Exhibit A (Scope of Work) 3.Other Exhibits in descending order of their attachment. Section 3. Term This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency, or June 30, 2025, whichever occurs sooner. Section 4. Project Funding Provisions Page 104 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 2 of 7 A.The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B.The contribution is estimated to be $61,800.00. C.The maximum amount payable by the Local Agency under this contract shall be $61,800.00 unless such amount is increased by an appropriate written modification to this contract executed by the Parties hereto before any increased cost is incurred D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination.. Section 5. Project Payment Provisions A.The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this agreement. B.If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1.Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2.If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C.The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State’s invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments The Scope of Work (Exhibit A) describes the work to be performed. A.Design [if applicable] 1.If the work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), the State shall comply with the following requirements, as applicable: a.perform or provide the Plans, to the extent required by the nature of the work. b.prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c.prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d.include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e.stamp the Plans produced by a Colorado Registered Professional Engineer. f.provide final assembly of Plans and contract documents. g.be responsible for the Plans being accurate and complete. h.make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. Page 105 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 3 of 7 B. Construction [if applicable] 1. If the work includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. Subject to Section 5, if the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this agreement, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal-aid project, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the work under this project if no additional federal-aid funds will be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows: ● Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); ● Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or ● No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Page 106 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 4 of 7 Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.coloradodot.info/business/manuals/right-of-way. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 8. Utilities If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company’s facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad’s detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This agreement may be terminated as follows: A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the purposes of the distribution of moneys under the agreement would no longer be served by completion of the Page 107 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 5 of 7 project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this agreement shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this agreement and to bind the Local Agency to its terms. The person(s) executing this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this agreement. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 W Howard Pl, 2nd Floor, Denver, CO 80204. Said Region Director will also be responsible for coordinating the State's activities under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: If to the Local Agency: Steve Sherman Maria D’Andrea CDOT Region 1 CITY OF ENGLEWOOD 2829 W Howard Pl, 2nd Floor 1000 Englewood Parkway. 3rd Floor Denver, Colorado 80204 Englewood, Colorado 80110-2373 303-512-5986 303-762-2500 steve.sherman@state.co.us mdandrea@englewoodco.gov Section 16. Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Page 108 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 6 of 7 Section 18. Governmental Immunity Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Agreement Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 109 of 359 PO #: 471001549 Routing #: 20-HA1-ZH-03088 Document Builder Generated Rev. 12/09/2016 Page 7 of 7 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY CITY OF ENGLEWOOD By: Title: ____________________________________________ *Signature Date:________________________________________ STATE OF COLORADO Jared S. Polis, GOVERNOR Colorado Department of Transportation By__________________________________________ Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date:________________________________________ 2nd The Local Agency Signature [if Needed] By: Title: ____________________________________________ *Signature Date:________________________________________ Page 110 of 359 Exhibit A Scope of Work Exhibit A – Page 1 of 1 0852-117 23143 US85 (Santa Fe) PEL Study, C470 to I-25/Alameda Work to be performed by Colorado Department of Transportation (CDOT): The proposed project on the US 85 Corridor would be a focused Planning and Environmental Linkage Study. The PEL is the correct choice as funding for the corridor has yet to be identified, most problems or concerns have been identified, it completes the evaluation/recommendation of a missing piece of US 85 between two studies (US 85 south of C-470 and Central I-25). The study would focus on the issues identified to date by various stakeholders along the corridor (Arapahoe County, Douglas County, City of Littleton, City of Englewood, City of Sheridan, and City & County of Denver) and develop alternatives to address such issues. The study will be the first step in establishing a vision for improvements, operations, and changes within the corridor and will prioritize such for further evaluation, level of NEPA action required, design, and implementation. Another goal would be for consideration of the results/recommendations to be included in various plans (ie DRCOG 2050 Plan, Freight Plan, etc.). The project specifically, would include the following in scope: Project Management and Continuing Requirements Establish Project Team, Technical Committee, Policy Committee and set meetings --Public Involvement Existing Conditions Evaluation (geometrics, crashes, travel demands, traffic ops, structures, drainage/floodplains, bike/ped, etc) Base Mapping, Property ownership --Environmental overview --Purpose and Need and Identifying goals for the Corridor Alternative Development --Screen Alternatives (3 levels likely, Qualitative and Quantitative) --Test Alternatives ----Conceptual design layouts ----Financial Analysis (estimate costs and potential funding packages) Alternative(s) Recommendations with report along with prioritization / phasing of improvements Produce PEL Report Answer FHWA 21 PEL Questions Work to be performed by CITY OF ENGLEWOOD: In order to advance this project, CITY OF ENGLEWOOD agrees to contribute partial funding of the Study. Exhibit A Page 111 of 359 Exhibit B Exhibit B LOCAL AGENCY RESOLUTION OR ORDINANCE Page 112 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: February 18, 2020 SUBJECT: CB #10 Title 16 Housekeeping Amendments DESCRIPTION: CB #10 Title 16 Housekeeping Amendments RECOMMENDATION: Staff recommends City Council discuss and vote to schedule the Title 16 zoning text amendments, as presented, for Second Reading on February 18, 2020. PREVIOUS COUNCIL ACTION: City Council held a public hearing on the proposed amendments on February 3, 2020 and two speakers addressed City Council regarding various development concerns. First Reading for this Ordinance is scheduled for Wednesday February 18th, 2020. A City Council Study Session was held on September 23, 2019 and January 21, 2020 to discuss various Title 16 amendments. SUMMARY: Whenever public necessity, convenience, health, safety, general welfare, or appropriate zoning practice justifies an amendment to any Section of Title 16, Unified Development Code (UCD), and after amendments have been heard in a public hearing for consideration and recommendation by the Planning and Zoning Commission, the City Council may, after an additional public hearing, change the text of this Title. ANALYSIS: Attached is a synopsis of proposed Code changes along with a draft Ordinance for review and discussion in a public hearing related to the text amendments to Title 16. New language will be found in yellow highlight, while language proposed for removal will be found with red strike- through. Overall, the Planning and Zoning Commission began discussing the Title 16 amendments approximately a year and a half ago and have held multiple study sessions. The amendments are found throughout Title 16 and proposed changes specifically occur in Chapters 2, 5, 6, 8, 10, and 11. At the January 21st Study Session clarification was sought regarding PUD District sizes and property postings. With regard to PUD District Size, Staff has attached several maps showing the distribution of parcels in Englewood based upon the size in order to clarify how many parcels fall within the 1/2, 1, 3, and 5 acre categories. The average PUD District size in Page 113 of 359 Englewood is 4.95 acres, the largest being the Englewood Town Center and the smallest being the Logan Street Residences project. Research has indicated no standard district size requirement for PUD applications within the metro region or the State of Colorado. District sizes tend to be tailored to most appropriately meet the density and development patterns of each specific community. Littleton has a one-acre district size, Greenwood Village requires 40,000 square feet and Lakewood requires five (5) acres; however, the Planning Director can reduce the minimum district size if a project furthers the goals of the community through the Comprehensive Plan. Several other communities require ten (10) acre minimums or even larger and within these communities there are opportunities for development of greenfield properties. Planning and Zoning Commission has recommended the following: PUD applications shall only be considered for properties equal to or greater than one (1) acre when the underlying zone of the property falls within the R-1-A, R-1-B, R-1-C, R-2-A, or R-2-B district. PUD applications shall be considered for properties equal to or greater than one half acre (1/2) when the underlying zone falls within any other zone district in the City. Secondly, a question was asked about color-blindness and the ability to see a red sign with white lettering. After reading a few websites about color-blindness it appears that with regard to red, most color-blind persons will see the color as a shade of brown. Therefore, white lettering should still be legible. While there may certainly be variations in individual persons, the proposed signage color scheme shouldn't pose a serious issue in terms of public notice. Please remember, there are also additional public notice requirements that must be followed, including a direct mailing, publication in the Englewood Herald as well as on the City webpage. The proposed amendments are intended to provide clean-up to areas of the Code that contain errors, clarify parts of the Code to make procedures more effective and clear, address concerns and objectives heard from the community, and to provide minor updates to the Code for better planning practice. The text amendments proposed in this amendment procedure are moving forward prior to the larger comprehensive analysis of Title 16 as the proposed changes may be considered minor amendments and do not have a cascading affect on other portions of the UDC or other City Code language. The comprehensive analysis of Title 16 is a key feature of the 2020 Community Development Department work plan, and the project has been previously reviewed with the City Council, particularly during the formulation of the 2020 City of Englewood budget. The comprehensive Title 16 will be initiated by issuing an RFP for consulting services to assist in the facilitation of a community dialogue regarding land use regulation options. Most of the remainder of 2020 will focus on the community dialogue, with actual revisions to Title 16 commencing in late 2020 and into 2021. FINANCIAL IMPLICATIONS: There are no significant financial impacts associated with the proposed text amendments and the associated ordinance. The 2020 Community Development Department's professional services budget has allocated an expenditure of $50,000 for retention of a consultant to facilitate community input during the comprehensive analysis of Title 16 throughout the remainder of 2020. ALTERNATIVES: City Council could elect to postpone the adoption of the proposed text amendments and fold their consideration into the planned community dialog regarding the entirety of Title 16 in 2020, or not consider the proposed text amendments at this time. Page 114 of 359 CONCLUSION: The proposed Title 16 text amendments have been reviewed and recommended by the Planning and Zoning Commission and the City Council reviewed the scope of the amendments in a study session in September, 2019 and January 2020. The proposed amendments would not likely conflict with the comprehensive assessment of Title 16. Therefore, staff recommends that the City Council consider the proposed ordinance for adoption. ATTACHMENTS: Synopsis Document Planning and Zoning Commission Findings of Fact City of Englewood Land Parcel Size Maps R-2 and R-3 Lot Width Amendment (March 5, 2019) Page 115 of 359 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 10 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTIONS 2, 3(G)(2), 8(E)(G)(H), 16(G) AND 17(C), TITLE 16, CHAPTER 5, SECTIONS 1(C), TITLE 16, CHAPTER 6, SECTIONS 1(A), 1(B) AND 1(C), TITLE 16, CHAPTER 8, SECTION 1(D), TITLE 16, CHAPTER 10, SECTIONS 1 AND 2, AND TITLE 16, CHAPTER 11, SECTION 2(B), ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES TO THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, In accordance with Englewood Municipal Code §16-2-6(C), the Professional Staff of the Community Development Department did review the proposed amendments to the Unified Development Code of the City of Englewood (UDC), and did prepare a report of its recommendations for review by the Planning Commission and City Council; . WHEREAS, In accordance with Englewood Municipal Code §16-2-6(D), the Planning Commission did review the proposed amendments and the recommendation of City staff, and held a public hearing on November 19, 2019, for public comment and review upon the proposed amendments; WHEREAS, In accordance with Englewood Municipal Code §16-2-6(D), at their meeting of November 19, 2019, the Planning Commission did vote to recommend to the City Council the approval of the proposed amendments; WHEREAS, In accordance with Englewood Municipal Code §16-2-6(E), the City Council did review the proposed amendments and the recommendations of both the Professional Staff of the Community Development Department and the Planning Commission, and held a public hearing on November 19, 2019, for public comment and review upon the proposed amendments; and WHEREAS, In accordance with Englewood Municipal Code §16-2-6(F), at their meeting of February 3, 2020, the City Council did find that the proposed amendments to the UDC either correct an error in the current text of that Code, consistent with the adopted Comprehensive Plan, or events, trends, or facts evident after adoption of the UDC have changed the character or condition of the community so as to make the proposed amendment inconsistent with the Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: In accordance with the provisions of Englewood Municipal Code §16-2-6(E) the following amendments to the Unified Development Code of the City of Englewood, Colorado, are hereby approved. Page 116 of 359 2 Section 1. Amendment of Title 16, Chapter 2, Section 2: Summary Table of Administrative and Review Role; Section 3: Notice Requirements; Section 8: Planned Unit Development Rezoning Process and Requirements; Section 16: Zoning Variances; and Section 17: Administrative Adjustments of the Englewood Municipal Code shall be amended as follows: §16-2-2: - Summary Table of Administrative and Review Roles. The following table summarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of the procedures set forth in this Chapter. For purposes of this table, an "(Approval) Lapsing Period" refers to the total time from the application's approval that an applicant has to proceed with, and often complete, the approved action. Failure to take the required action within the specified "lapsing period" will automatically void the approval. See Section 16-2-3.L EMC, "Lapse of Approval," below. TABLE 16‐2‐2.1: SUMMARY OF DEVELOPMENT REVIEW AND DECISION‐MAKING PROCEDURES Procedure Section Ref. Pre‐ App. Mtg. Req'd Review (R) Decision‐Making (D) or Appeal (A) Bodies Notice Required 1 Lapsing Period CM/D PC CC BAA Pub Mail Post Adaptive Reuse of Designated Historical Buildings 16‐5‐3 ✓ R R D ✓ ✓ None Administrative Adjustments 16‐2‐17 ✓ D A ✓ None Administrative Land Review Permit 16‐2‐11 ✓ D A 60 days to record Amendments to the Text of this Title 16‐2‐6 R R D ✓ None Annexation Petitions 16‐2‐5 ✓ R R D ✓ ✓ None Appeals to Board 16‐2‐18 ✓ D ✓ None Comprehensive Plan Amendments 16‐2‐4 R R D ✓ None Page 117 of 359 3 Conditional Use Permits 16‐2‐12 ✓ R D A ✓ ✓ 1 year Conditional Use ‐ Telecommunication 16‐7 ✓ R D A ✓ ✓ ✓ None Development Agreements 16‐2‐15 R D As stated in Agreement Floodplain Dev't. Permit and Floodplain Variances See Chapter 16‐4 for applicable procedures and standards Historic Preservation 16‐6‐11 ✓ R R D ✓ ✓ None Landmark Sign 16‐6‐13 ✓ D A ✓ ✓ Limited Review Use Permits 16‐2‐13 ✓ D A 1 year Major Subdivisions 16‐2‐10 Preliminary Plat ✓ R R D ✓ ✓ ✓ 6 months to submit Final Plat Final Plat R R D ✓ ✓ ✓ 60 days to record Simultaneous Review Preliminary Plat/Final Plat ✓ R R D ✓ ✓ ✓ 60 days to record Recorded Final Plat None Minor Subdivision 16‐2‐11 Preliminary Plat ✓ D A 6 months to submit Final Plat Final Plat D A 60 days to record Recorded Final Plat None Page 118 of 359 4 Nonconforming Lots 16‐9‐4 ✓ R D A ✓ ✓ None Nonconforming Structures 16‐9‐3 ✓ D A Official Zoning Map Amendments (Rezonings) 16‐2‐7 ✓ R R D ✓ ✓ ✓ None PUD and TSA Rezonings 16‐2‐7 ✓ R R D ✓ ✓ ✓ None Temporary Use Permits 16‐2‐14 ✓ D A As stated in Permit Unlisted Use Classifications 16‐5‐ 1.B ✓ D A None Site Improvement Plan 16‐2‐9 D A 180 days Zoning Variances 16‐2‐16 ✓ R D ✓ ✓ 180 days CM/D = City Manager or Designee (Including the Development Review Team) PC = Planning and Zoning Commission CC = City Council BAA = Board of Adjustment and Appeals 1 Notice Required: See Table 16‐2‐3.1 Summary of Mailed Notice Requirements §16-2-3 (G)(2): Notice Requirements. 1. Posted Notice. The property shall be advertised by posting for not less than ten (10) consecutive days prior to a hearing before the Council, the Commission, or the Board; provided, however, that where the case does not involve a specific property, no posted notice shall be required. A posted notice shall consist of a sign not less than twenty-two inches (22") by twenty-eight inches (28") in size, located not less than four feet (4') above ground level in a conspicuous place, with letters not less than one inch (1") in height in black paint, which letters can be read from the adjoining street right-of-way. Planned Unit Development applications shall post two signs per frontage of the project. The sign must be red background with white letters following the dimensions as stated. The applicant shall be responsible for complying with posted notice provisions and for providing evidence of timely posted notice at the time of the hearing or consideration. All required posted notices shall remain in place until after the date of the hearing or consideration, and shall be removed by the applicant within seven (7) days after the hearing or consideration. § 16‐2‐8: ‐ Planned Unit Development (PUD) Rezoning Process and Requirements. A. Intent . The PUD Zone District is an alternative to conventional land use regulations resulting in the creation of a unique zone district that offers the City and Applicant forms or qualities of development Page 119 of 359 5 or amenities not allowed through existing base zone districts. The PUD Zone District combines use, density, height, design and site plan considerations into a unified process. Each PUD Zone District must include its own list of permitted and conditional uses and shall identify what development standards will apply. The PUD Zone District is specifically intended to: 1. Provide an opportunity for the developer and the City to review the type and intensity of development being proposed, and to identify any elements of the proposed plan that may not comply with existing City development standards. 2. Provide development opportunities not otherwise permitted within existing zone districts by reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards. 3. Permit and encourage innovative design, flexibility, and diversity in land planning and development. 4. Provide the opportunity for unified development control for a single parcel or multiple properties in harmony with the environment and respecting the context of the surrounding neighborhoods by establishing design and development standards for the general character of the properties within the PUD. 5. Plan for the general configuration of land uses, common elements, major transportation and pedestrian circulation elements, utilities and necessary easements to serve the site and to connect to existing and planned transportation networks, pedestrian networks and utilities. 6. Plan for proposed amenities, such as parks, open space and recreational facilities. 7. Identify natural features of the site that should be enhanced, protected or remain undeveloped. 8. Ensure consistency with the Englewood Comprehensive Plan. 9. Provide for the public health, safety, integrity and general welfare, and otherwise achieve the purposes provided in the Planned Unit Development Act of 1972 as amended (C.R.S. 24-67-101, et seq.). B. Applicability. The provisions of this Section shall apply to all lands, uses, and structures to be rezoned to Planned Unit Development (PUD) Zone District. The provisions of this Section shall not apply to: 1. Planned Developments (P.D.) approved prior to July 1, 1996, which shall continue to be governed by the respective development plans and the regulations of the underlying zone districts. However, any major amendments to an existing P.D., as determined by the City Manager or designee, shall require review and approval under the new requirements of this Section. 2. Any land currently zoned PUD, and partially developed prior to the date of the adoption of this Section. Such approved PUDs may continue and complete such development under the terms and conditions of approval for that PUD. However, any major amendments to an existing PUD, as determined by the City, shall require review and approval under the new requirements of this Section. C. Initiation . 1. A proposed rezoning may be initiated by any party identified in Section 16-2-3(A) EMC. All property owners within the boundaries of a proposed PUD zone district shall consent in writing to the application for a PUD. 2. A PUD application shall expire one (1) year after submittal unless a public hearing on the application has been held by the Council on or before that date; provided however, that the City Manager or designee may extend the application for six (6) months if the reason for the delay was due to circumstances beyond the control of the applicant. Page 120 of 359 6 3. No application for substantially the same PUD shall be accepted within twelve (12) months following a final decision on a prior rezoning application relating to all or any portion of that same property. A "final decision" shall mean denial of a rezoning by the Council. D. Permitted Uses. Uses permitted in a PUD zone district may include any use which is a permitted use in any zone district of the City, or as may be permitted through the unlisted uses determination process of Section 16-5-1(B) EMC Unlisted Uses. Each PUD application shall include its own list of allowed or conditional uses and shall identify applicable design and development standards. A PUD District Plan or a PUD Site Development Plan may vary the provisions of Title 16 EMC, but only to the extent specifically shown on an approved PUD District Plan or Site Development Plan. E. General Use and Development Requirements and Limitations. PUDs shall be subject to the following: 1. PUD applications shall only be considered for properties equal to or greater than one (1) one-half (½) acre when the underlying zone of the property falls within the R-1-A, R-1-B, R-1- C, R-2-A, or R-2-B district. PUD applications shall be considered for properties equal to or greater than one half (½) acre when the underlying zone falls within any other zone district in the City. 2. Requests for rezoning to a PUD zone district shall be filed on application forms provided by the City, together with all plans, maps and any other information as may be necessary, reasonable and relevant for review by the City. Applications shall be submitted with fees established by City Council resolution. 3. Requests for rezoning to a PUD zone district shall be authorized in writing by the landowner(s) or an authorized agent. 4. All PUD zone districts shall be established through a map amendment to this Title pursuant to the procedures and criteria set forth in this Title. 5. The terms and conditions of each PUD zone district shall be based on negotiations between the applicant and the City. However, all PUD zone districts shall be consistent with the Comprehensive Plan and applicable provisions of this Title. 6. If a PUD proposal requires the creation of one (1) or more new lots of record, or amendment of the boundaries of existing lots of record, then approval of a subdivision plat shall also be required. 7. The area of land for the PUD zone district may be controlled by one (1) or more landowners and shall be developed under unified control or a unified plan of development. 8. Provisions shall be made for the establishment of an organization for the ownership and maintenance of areas designated as private streets and/or common space unless other adequate arrangements for the ownership and maintenance thereof are provided in a manner acceptable to the City Council. 9. The PUD zone district shall be subject to all applicable use and development standards of this Title unless otherwise waived or modified by the applicant and approved by City Council in the terms of the approved PUD. F. Approval Criteria . PUD rezonings shall be made in the interest of promoting the health, safety, and general welfare of the community, and shall be consistent with the Comprehensive Plan. In addition the review or decision making body shall only recommend approval of, or shall only approve, a proposed PUD rezoning if it finds that the proposed rezoning meets the criteria listed below: 1. The proposed development shall comply with all applicable use, development, and design standards set forth in this Title that are not otherwise modified or waived according to the rezoning approval. In addition, the proposed rezoning shall meet at least one of the following criteria: a. The proposed development will exceed the development quality standards; levels of public amenities; or levels of design innovation otherwise applicable under this Title, and the proposed development would not be allowed or practicable under a standard zone district Page 121 of 359 7 with conditional uses or with a reasonable number of Zoning Variances or Administrative Adjustments; or b. The property cannot be developed, or no reasonable economic use of the property can be achieved, under the existing zoning, even through the use of conditional uses or a reasonable number of Zoning Variances or Administrative Adjustments. 2. All PUD rezonings shall meet the following criterion: a. The resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and the general public health, safety and welfare of the community will be protected. G. PUD Approval Process Summary: The Planned Unit Development zone district requires three (3) two (2) steps for PUD project review and approval: 1) Pre-application review and neighborhood meeting; and 2) PUD District and Site Development Plan review and approval; 3) PUD Site Development Plan review and approval. If an applicant provides site-specific development plans, the PUD District Plan and PUD Site Development Plan steps may be combined. The PUD rezoning may shall be processed in one (1) phase or two (2), at the option of the developer. A complete and final PUD shall not take effect until and unless all of the information required below for both a PUD District Plan and a PUD Site Development Plan have been reviewed and approved by the City. The PUD District Plan is a general plan for the land within the boundaries of the application, and includes general land uses and densities, building heights, general design intent, parking ratios, and a conceptual layout of the site. Approval of PUD District Plan requires a later approval of a PUD Site Development Plan prior to any development or issuance of a Building Permit. The PUD Site Development Plan is a more detailed plan for the development of the site by applying the standards set forth in the District Plan, but shall also include a statement of architectural intent; design standards necessary to achieve the architectural intent; location of major transportation and circulation systems; parking standards; landscaping requirements; common elements and other details required to demonstrate that the development will meet or exceed the standards set forth on the District Plan and the qualities of development otherwise required by City standards in the base zone district. 1. Pre-Application Conference and Neighborhood Meeting: Applicant shall submit a preliminary proposal indicating the property to be included in the proposed PUD; the size of the land in acres and square feet; proposed land uses; maximum density and/or number of units; anticipated building heights; and approximate location of major circulation elements. Staff may review the preliminary proposal and provide written comments and recommendations to potential applicants. No project approval is implied or granted at this early review stage. Neighborhood Meeting: Following the pre-application conference, each applicant for a PUD shall hold a neighborhood meeting in accordance with City Procedures to describe their proposal before an application for rezoning can be accepted by the City. The neighborhood meeting is an opportunity for the applicant to describe the proposal as well as for area residents and property owners to offer input about the proposal at an early stage. The applicant shall hold the meeting at a time and location accessible and convenient for the public. The City shall be represented at the meeting. Following the neighborhood meeting, the City representative may prepare a written report summarizing the general discussion of the neighborhood meeting and make copies available to the City staff, the applicant, and the public. The maximum time between a required neighborhood meeting and a public hearing before the Commission shall not be more than one hundred eighty (180) days. In the event the public hearing is not held within one hundred eighty (180) days, the applicant shall be required to hold another neighborhood meeting. 2. Notice. The City Manager or designee shall require that notice of required public hearings be given in accordance with Section 16-2-3 (G) EMC. Page 122 of 359 8 3. City Review. The City Manager or designee shall review the proposed PUD, and may refer the application to any City department or agency (including any utility providers, other municipalities or other agency as determined in the City) for its review and comments, and shall prepare a report of its recommendations for review by the Commission and Council. A copy of the report shall be furnished to the applicant. 4. Commission Review and Recommendation. The Commission shall review the proposed PUD and the recommendation of City staff and shall hold a public hearing on the PUD. Following such hearing the Commission may make a recommendation to approve, approve with conditions, deny, or modify the PUD. a. In its review of the PUD application, in addition to any other criteria and findings applicable to the decision, the Commission's recommendations shall include its written findings on each of the following points: (1) The application is or is not consistent with the Comprehensive Plan and this Title; and (2) The application is or is not in conformance with adopted and generally accepted development standards, and any other ordinance, law or requirement of the City; and (3) The application is or is not substantially consistent with the goals, objectives, and policies of the City. 5. Council Action. The Council shall review the proposed PUD, the recommendation of the City staff, and the recommendation of the Commission, and shall hold a public hearing on the proposed PUD. Following such hearing, the Council may approve, deny, or refer a proposed PUD back to the Commission for modifications based on the requirements of this Title. 6. After Approval—Lapsing Period. An approved PUD shall not lapse, but shall remain in effect until superseded by a later or inconsistent amendment to, or replacement of, the PUD or the Official Zoning Map. a. Following approval of a PUD and the execution of all certificates appearing on the final PUD document, the applicant shall submit the final PUD and all other required documents to the City and the City shall record them with the Arapahoe County Clerk and Recorder. All expenses for recording shall be borne by the applicant and be paid prior to recording. H. Submittal Requirements . 1. PUD District Plan: The PUD District Plan shall include all submittal requirements as listed below. The Planning and Zoning Commission shall make a recommendation to City Council for final action on a PUD District Plan zoning request. If a PUD District Plan is submitted for review without inclusion of a PUD Site Development Plan, then the Planning and Zoning Commission action on the PUD District Plan shall include a recommendation for final action on the Site Development Plan, which may include requiring review by staff only, review at a public hearing by the Planning and Zoning Commission, and additional review at a public hearing by the City Council, depending upon the size, uses, and complexity of the plan or issues remaining for review. PUD Site Development Plan: If a PUD Site Development Plan is submitted with a PUD District Plan, The the Site Development Plan shall be reviewed at the same time as the PUD District Plan. If a PUD Site Development Plan is submitted subsequently to a PUD District Plan, then the Site Development Plan shall be reviewed as specified in the approved District Plan. 2. PUD District Plan: The applicant shall submit for City review a minimum of twelve (12) sets of the proposed PUD District plan. Applications shall be deemed complete only upon submittal of all required information and payment of all application fees. Review will not occur until the application is complete. The PUD District Plan shall be sufficiently detailed to indicate the general land uses; locations; development densities and/or minimum lot areas per unit; building heights, major transportation and circulation elements; the intended design character of the development and shall include but shall not be limited to, the following: a. The name and location of the proposed development; and Page 123 of 359 9 b. The names, addresses and phone numbers of the applicants, owners, developers and designers of the development; and c. Documentation confirming that the applicant has legally sufficient interest in the property proposed for development, or is the duly authorized agent of such a person; and d. A PUD District Plan, drawn at a scale of not less than one inch per fifty feet (1"=50') along with north arrow, written and graphic scale, of the proposed development. The District Plan shall be of sufficient detail to determine impacts, both on and off-site that may require mitigation. The District Plan shall additionally include the following, where applicable: (1) A boundary survey and legal description prepared by a Colorado registered Professional Land Surveyor. (2) A description of the location of the property, and an identification of the primary developments, sensitive areas and other surrounding uses, features and major transportation networks in the immediate vicinity of the property. (3) Adjacent streets, proposed points of access and internal vehicular circulation routes. (4) Existing zoning and land use for all properties within at least three hundred feet (300') of all property boundary lines. (5) Location and area of proposed land uses, including private, public and quasi-public facilities; for plans with multiple uses, applicant shall provide a land use schedule listing permitted land uses. (6) Maximum heights of proposed structures. (7) Parking ratios for allowed uses, plus a statement of the intent to use surface or structured parking. (8) The maximum allowed density of the site, including any density maximums or minimums on individual uses. (9) A description of the intended parks, recreation and open space features necessary and major amenities proposed to achieve the intended goal of the development, including the approximate location and area of open space and recreation areas. (10) General intent and location of landscape areas, including percent of site dedicated to natural and landscaped areas, and transitional buffer areas. (11) Location of existing bus stops, bike paths and pedestrian networks. (12) The existing topography of the land and existing natural features, together with areas subject to 5-year and 100-year flooding. (13) Locations of any existing easements on the property. (14) Required major extensions of utilities, including conceptual layout of utilities and storm sewer systems. (15) A description of the architectural design concept and development standards for exterior building materials sufficient to demonstrate that the development will be compatible with the surrounding neighborhood or will achieve a higher level of design. Development standards shall include a list of allowed and prohibited exterior materials, standards for articulation of street facing façades, and minimum transparency (windows) for building elevations. (16) Minimum perimeter setbacks and other setbacks as appropriate. (17) A Traffic Impact Study describing existing conditions, projected traffic generation from the new development, and anticipated impacts on the external street network in the vicinity of the proposed PUD. Page 124 of 359 10 (18) A written statement generally describing the proposed PUD and the market which it is intended to serve, its relationship to the Comprehensive Plan, and how the design and architectural concept of the proposed PUD will relate to adjacent property. Where the applicant's objectives are not substantially consistent with the Comprehensive Plan, the statement shall include the changed or changing conditions that justify approval of the proposal. (19) Other information deemed necessary, reasonable, and relevant to evaluate the application as determined by City Manager or designee, Planning and Zoning Commission, or City Council. 3. PUD Site Development Plan: After or concurrent with the review of the PUD District Plan, the applicant shall submit for City review a minimum of twelve (12) sets of the proposed PUD Site Development Plan. Applications shall be deemed complete only upon submittal of all required submittal information and payment of applicable fees. Review will not occur until the application is complete. The PUD Site Development Plan may include the entire area within the PUD District Plan or the PUD Site Development Plan may consist of one or more phases, provided however, that the approval of any one phase may be contingent on improvements that involve other or all phases. The PUD Site Development Plan shall be sufficiently detailed and shall contain such information and documentation to fully indicate the ultimate operation and appearance of the project and shall include, but shall not be limited to, the following: a. A boundary survey and legal description prepared by a Colorado registered Professional Land Surveyor. b. Structure footprints, locations, gross floor areas, building heights and dimensioned setbacks from streets, as well as other structures and other features. c. Sight lines and shadow studies. d. Locations of major vehicular circulation system elements, including streets, curb cuts, and parking areas. Circulation systems shall be designed to connect with existing or planned street networks. e. Pedestrian circulation elements including sidewalks, pathways, bus stops, plazas, with materials indicated: pedestrian circulation systems shall be designed to connect with existing or planned sidewalks and pathways. f. Drainage features including retention and detention areas. g. Overall grading showing existing and proposed grades. h. Location, dimensions and descriptions of all existing utility easements on the property. i. Parking areas and a preliminary design of internal circulation for parking areas or structures. j. Location and amount of bicycle parking. k. Loading and trash areas. l. A schedule of dwelling units (if applicable) by building, and dwelling unit density based on units divided by acres of net lot area remaining after right-of-way dedications. m. Location and area of parks, open space and recreation facilities, including amounts and locations of play areas for children and other recreational areas shown on the PUD District Plan. n. Landscaping to include a material schedule listing quantities, plant types (e.g., deciduous street trees, evergreen shrubs, etc.), common name, minimum size at planting, area calculations for required and provided landscape area. o. Fences, walls or year-round natural screen planting and landscaping when necessary to shield adjacent residential areas from commercial, industrial and parking areas. Page 125 of 359 11 p. Site lighting elements, including street lights, pedestrian lights and any other lighting elements. q. Areas subject to flooding from a major storm including the 5-year and 100-year storms, detention and retention areas and provisions for controlled release of water from detention or retention areas following a major storm. r. Site signage locations, and lighting of signs including specifically adopted sign standards where applicable. s. Public amenities that may be included in the development proposal, including public art. t. Conceptual building elevations that illustrate how the design standards established in the PUD District Plan are being implemented, including architectural concepts, façade treatments, and exterior building materials, as necessary to establish how the proposed PUD uses and structures relate internally and/or to the neighboring properties. u. Other information deemed necessary, reasonable, and relevant to evaluate the application as determined by City Manager or designee, Planning and Zoning Commission, or City Council. I. Amendments. 1. District Plan Amendments. a. Major Amendments to the PUD District Plan: Major amendments may be made to the approved Planned Unit Development District Plan pursuant to the procedures as provided within this Section 16-2-8 EMC, including a neighborhood meeting. Major amendments shall include any of the following: (1) An increase in the maximum building height beyond that allowed in the approved PUD District Plan. (2) An increase in the maximum allowed density or number of units beyond that allowed in the approved PUD District Plan. (3) A change in land use to a use not otherwise allowed in the approved PUD District Plan. (4) A reduction of the perimeter setbacks from those required in the approved PUD District Plan. (5) A reduction in the amount of landscaping required in the approved PUD District Plan. (6) An increase in the allowed lot coverage above that approved in the PUD District Plan. (7) Any change not considered a minor amendment by the City Manager or designee. b. Minor Amendments to the PUD District Development Plan: The City Manager or designee may approve minor amendments in the location of structures or facilities, or location of streets or walkways if required by engineering or other circumstances not foreseen at the time the Planned Unit Development District Plan was approved so long as no amendment violates any standard or regulation set forth in this Section; or any change not listed as a "Major Amendment" in Section 16-2-8(I)(1)(a) above. 2. Site Development Plan Amendments: All PUD Site Development Plans and documents may be changed and/or amended in whole or in part from time to time as provided in this Section. a. Major Amendments to PUD Site Development Plans: PUD Site Development Plans approved and recorded hereunder may only be amended as provided in Section 16-2-8(H)(3) and (G) EMC. This shall include those amendments which meet any of the following criteria: (1) A change in the character of the development; or (2) A change in the allowed land uses; or (3) A change in the general location of land uses; or Page 126 of 359 12 (4) An increase in the maximum allowed building or structure height; or (5) An increase in the number of dwelling units, or in the ratio of the gross floor area of structures to the land area, or increases in the proposed gross floor area within any particular land use; or (6) A change in the required setbacks from property lines, or "build-to" lines; or (7) An increase of more than two percent (2%) in ground coverage by structures or surface parking; or (8) A reduction by more than two percent (2%) in the land area designated for landscaping; or (9) A reduction in the ratio of off-street parking and loading space to gross floor area or number of dwelling units in structures; or (10) A change affecting the access from and through public right-of-way. b. Minor Amendments to PUD Site Development Plan: The City, through the City Manager or designee, may authorize minor deviations from the PUD Site Development Plan when such deviations appear necessary in light of technical or engineering considerations, Minor Amendments shall not be permitted for any changes included with the list of Major Amendments in Section 16-2-8(I)(2)(a) above. J. Appeals. 1. PUD District Plan: The applicant may appeal any determination or action taken by the City Council under this Chapter to an Arapahoe County Court of competent jurisdiction. Said appeal to the court must comply with Rule 106 of Colorado Rules of Civil Procedure. 2. PUD Site Development Plan: The applicant may appeal any determination or action taken by the City Council under this Chapter to an Arapahoe County court of competent jurisdiction. Said appeal to the court must comply with Rule 106 of Colorado Rules of Civil Procedure. § 16-2-16: - Zoning Variances. Two (2) different types of variance are available: (1) Zoning Variances and (2) Floodplain Variances. Zoning Variances are addressed in this section, and Floodplain Variances are addressed in Chapter 16-4 EMC — (Floodplain Regulations). (Note that the Planning Commission is the decision-making body on Floodplain Variances rather than the Board of Adjustment and Appeals.) The Board of Adjustment and Appeals pursuant to the procedures in this Section may grant Zoning Variances from the zoning provisions of this Title otherwise applicable to a property. A. Jurisdiction/Scope for Zoning Variances. 1. Nothing in this Title shall be construed to empower the Board to change the terms of this Title or to effect changes in the Official Zoning Map of the City of Englewood. The powers of the Board shall be narrowly interpreted and strictly construed so that this Title and the Official Zoning Map shall be strictly enforced. 2. The Board shall have the authority to require any reasonable stipulation or condition that might be necessary to properly protect the general welfare when granting a Zoning Variance. 3. The Board's granting of Zoning Variances shall not result in any encroachment into a recorded easement or right-of-way. 4. The Board shall not consider a Zoning Variance application relating to the use of property. 5. The Board shall not consider a Zoning Variance application to allow additional dwelling units in residential districts above the maximum number permitted by zone district standards for lot area and lot width. Page 127 of 359 13 6. The Board shall not consider a Zoning Variance application relating to Temporary Use Permits. 7. The Board shall not consider a Zoning Variance application relating to Conditional Use Permits. B. Initiation. An application for a Zoning Variance may be initiated by those parties identified in Section 16-2-3.A EMC. C. Notice. The City shall require that notice of required public hearings be given in accordance with Section 16-2-3.G EMC. D. City Review. The City Manager or designee shall review the Zoning Variance application, and may refer the application to any department or agency for its review and comments. E. Board Decision. The Board shall review the proposed Zoning Variance application and the report of City staff, and shall hold a public hearing on the proposed Zoning Variance. Following such hearing, the Board shall make written findings either approving, conditionally approving, or denying the Zoning Variance. The decision on whether to approve or deny an application for a Zoning Variance shall be in writing, based upon substantial evidence presented at the public hearing. A copy of the decision of the Board shall be provided to the applicant. F. Criteria for Considering a Zoning Variance. 1. General Zoning Variances. In passing upon Zoning Variances that do not involve provisions of the Sign Code, the Board may vary the application of the regulations set forth in this Title only if the Board finds the following: a. That unique physical conditions exist, such as size, shape, location, topography or surroundings, which are peculiar to the land or structure involved, which deprive the applicant of privileges enjoyed by other properties in the vicinity; and b. The variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare; and c. The variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood; and d. The variance is not a self-imposed difficulty or hardship. Page 128 of 359 14 2. Sign Code Variances. In passing upon Zoning Variances to the Sign Code, Section 16-6-13 EMC, the Board may vary the application of the regulations set forth in this Title only if it determines that: a. There are special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises; and b. The variance will not weaken the general purpose of this Title nor the regulations prescribed for the district in which the sign is located; and c. The variance will not alter the essential character of the district in which the sign is located; and d. The variance will not substantially or permanently impair the appropriate use of adjacent conforming property. G. After Approval. 1. All Zoning Variances shall be effective on the date of final action by the Board. For the purpose of this subsection, final action by the Board shall be deemed to be the approval of the findings of fact for the Zoning Variance request. 2. The City shall record all Zoning Variances with the office of the Arapahoe County Clerk and Recorder. 3. Any Zoning Variance granted by the Board shall run with the land unless the Board specifies otherwise as a condition of the Zoning Variance. 4. Any Zoning Variance granted by the Board shall automatically lapse within one hundred eighty days one year of the date it was effective, or within such other time as the Board may prescribe, unless a building permit for the action that was the subject of the variance is obtained and work started. H. Post Decision Remedies. Initiation of the following remedies must occur within thirty (30) days of the Board decision. For the purpose of this subsection, Board decision shall be the vote on the Zoning Variance request. 1. Rehearing. If the applicant or an interested third party finds evidence that was not available at the time of the hearing that may materially bear on the case, a request for a rehearing may be made to the Board. The request shall be in writing and contain the following: a. A summary of the new evidence. b. The reason the evidence was not available to the Board at the original hearing. c. A statement as to why it is believed that the evidence will materially affect the decision of the Board. The Board shall hear the request for rehearing and shall vote on the issue of granting a rehearing. The chairperson shall announce the Board's decision. If a rehearing is granted, a new date will be set for a public hearing and all posting and publication requirements shall apply and shall be the responsibility of the original applicant. If a rehearing is denied, the original Board decision shall stand. 2. Reconsideration. If a Board Member believes that the Board would benefit from reviewing a Board decision, a motion for reconsideration of the decision may be made. If the motion to reconsider fails, the original decision stands. If the motion to reconsider is approved, the original variance request shall be reheard by the Board. The Board may reconsider the variance request immediately or may continue the reconsideration to a date certain. Page 129 of 359 15 The reconsideration shall be limited to the facts presented in the original variance request and no new evidence shall be taken. The Board may confirm, reverse, or modify the original decision. I. Appeals of Board Decisions. Appeals of final decisions of the Board may be made pursuant to Section 16-2-18 EMC, "Appeals". §16-2-17: - Administrative Adjustments. A. Purpose. The City Manager or designee may vary, in minor ways, some provisions of this Title otherwise applicable to a property pursuant to the procedures in this Section. Administrative Adjustments are to be used when the small size of the adjustment requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal Zoning Variance process. In addition, the Federal Fair Housing Act, as amended, requires that local governments be prepared to make "reasonable accommodations" in order to permit housing for certain protected groups to occur in certain types of residential areas. Administrative adjustments may be used when the City determines that an adjustment to the provisions of this Title is required or advisable to comply with these requirements of the Federal Fair Housing Act. B. Initiation. An application for an Administrative Adjustment may be initiated by those parties identified in Section 16-2-3.A. C. Notice. The City shall require that the applicant notify adjacent property owners and/or occupant(s) by written notice of any application for Administrative Adjustment. The request for administrative adjustment for the property shall be advertised by posting in conformance with §16-2-3(G)(2), Posted Notice. D. Permitted Adjustments. 1. General Rules. a. Except when requested as a reasonable accommodation for Federal Fair Housing Act ("FFHA") purposes, a request for an Administrative Adjustment shall not be used to further modify a development standard that, as applied to the subject property, already qualifies as an exception to, or modification of, a generally applicable development standard required under Chapter 16-6 EMC, (Development Standards). For example, the developer of a residential project that qualifies for a special variation in the required side setback under the residential design provisions in Section 16-6-10.B EMC, cannot seek an Administrative Adjustment to further reduce the side setback allowed under the special variation. b. Unless specifically stated in the Scope of Authority below, the City Manager or designee shall not approve any Administrative Adjustment that results in an increase in permitted maximum development density or intensity; a change in permitted uses; an increase in Page 130 of 359 16 building height; or a decrease in the amount of common or dedicated open space required by this Title or other City policies, standards, or regulations. 2. Scope of Authority—All Adjustments Except Reasonable Accommodations Under FFHA. An application for an Administrative Adjustment that is not related to a request for "reasonable accommodation" under the Federal Fair Housing Act may request only the following types of adjustments: a. Setbacks: Adjustments to any setback standard may be permitted as follows: TABLE 16‐2‐17.1: PERMITTED ADJUSTMENTS TO SETBACKS Required Setback Permitted Maximum Adjustment 3 feet 6 inches 5 feet 1 foot 7 feet 1 foot 20 feet 2 feet 25 feet 3 feet b. Principal Dwelling Unit Expansion: Adjustments may be permitted to the front and/or side setback standards for one-unit residential dwellings to allow expansion of the principal dwelling's habitable space to match an existing front setback encroachment as follows: (1) The front and/or side setback encroachment existed on the effective date of this Title. (2) The linear frontage of the facade of the expansion shall be less than or equal to the linear frontage of the portion of the dwelling that already encroaches into the setback. (See Figure 16-2(1): C must be less than or equal to B.) (3) The addition or expansion shall not extend beyond the front and/or side building line of the principal dwelling (not beyond the leading edge of the existing encroachment.) However, no addition or expansion may encroach more than five feet (5') into the required front setback. (See Figure 16-2(1): A may not be greater than five feet (5'). Page 131 of 359 17 c. Existing Front Porch: Adjustments may be permitted to existing, unenclosed, covered front porches that encroach into the front setback, subject to compliance with the following conditions: (1) The porch encroached into the front setback prior to the effective date of this Title. (2) The adjustment shall not increase the existing encroachment into the front setback; and (3) The porch shall not be enclosed. d. Off-Street Parking: Adjustments of ten percent (10%) or less of the minimum number of required off-street parking spaces, as set forth in Section 16-6-4 EMC, except such adjustment is not available for one-unit or multi-unit uses containing two (2) dwelling units. e. Minimum Lot Width or Lot Area: Adjustments may be permitted to the minimum lot width or minimum lot area in the "Summary Table of Dimensional Requirements for Principal Uses and Structures" in Section 16-6-1 of this Title, subject to the following requirements: (1) The adjustment shall not exceed five percent (5%) of the required minimum lot width or minimum lot area; and (2) The adjustment in the minimum lot width or minimum lot area may result in an alternate permitted land use in the base zone district where the property is located; and (3) A development for which a minimum lot width or minimum lot area adjustment is granted shall not be eligible for additional variances or additional administrative adjustments based on the reduced lot width or area; and (4) The result of an approved adjustment may result in an increase in the maximum development density or intensity; for residential developments, the result of the administrative adjustment shall not exceed one (1) additional residential dwelling unit. 3. Scope of Authority—Reasonable Accommodations Under the FFHA. In response to a written application identifying the type of housing being provided and the portions of the Federal Fair Housing Act that require that reasonable accommodations be made for such housing, the City Manager or designee is authorized to take any of the following actions in order to provide reasonable accommodations without the need for a rezoning or Zoning Variance: a. Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than ten percent (10%); or b. Reduce any off-street parking requirement by no more than one (1) space. Page 132 of 359 18 c. The City Manager or designee may approve a type of reasonable accommodation different from that requested by the applicant if the City Manager or designee concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent areas. The decision of the City Manager or designee shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. Requests for types of accommodation that are not listed above may only be approved through a Zoning Variance or rezoning process. E. City Review and Decision. 1. The City Manager or designee shall review the proposed Administrative Adjustment, and may refer the application to any department or agency for its review and comments. 2. The applicant shall provide a Site Improvement Plan, written request and justification for the adjustment, proof of adjacent property notification, and any other document or materials appropriate to the application. 3. Following such reviews, the City Manager or designee shall approve, conditionally approve, or deny the application. Denials of Administrative Adjustments by the City Manager or designee may be heard before the Board pursuant to Section 16-2-16 EMC, "Zoning Variances". F. Criteria. An Administrative Adjustment shall only be approved by the City Manager or designee if it meets all of criteria 1 through 5 below, or if it meets criteria 6 below: 1. The requested adjustment is consistent with the Comprehensive Plan and the stated purpose of this Title. 2. The requested adjustment meets all other applicable building and safety codes. 3. The requested adjustment does not encroach into a recorded easement. 4. The requested adjustment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated. 5. The requested adjustment is necessary to either: (a) compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general; or (b) accommodate an alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard sought to be modified. For purposes of this provision only, determination of "practical difficulty or some unusual aspect" may include consideration of: a. The historic aspect and development of the subject property; b. The use and development of the subject property compared to similar properties in the vicinity and in the same zone district; c. The property's use and development under previously applicable zoning, as relevant; d. Any intervening public action (e.g., condemnation for public right-of-way); or e. Other similar factors that support a finding of a practical difficulty or unusual aspect that is not of the applicant's own making or under the applicant's direct control. 6. The requested adjustment is required or advisable to comply with the requirements of the Federal Fair Housing Act, and does not create significant adverse impacts on the surrounding neighborhood. (Ord. 2-15, § 2) Page 133 of 359 19 Section 2. Amendment of Title 16, Chapter 5, Section 1(C): Table of Allowed Uses of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 16-6- 1.C.4 Page 134 of 359 20 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/institution al uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L Page 135 of 359 21 School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(microw ave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a principal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Animal Sales and Service Animal shelter P P Kennel/day care L P P Page 136 of 359 22 Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care,any age) C C C C C P P P P P P P C 16-5- 2.C.7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Page 137 of 359 23 Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive-through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Laboratory (dental, medical or optical) P P P P P P P P P P Medical/Recreational Marijuana Medical/Recreat ional marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Page 138 of 359 24 Medical/Recreat ional marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical/Recreat ional marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Page 139 of 359 25 Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Grocery/specialt y food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Page 140 of 359 26 Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting studio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not including body or fender work L P P 16-5- 2.C.4 Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Page 141 of 359 27 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Page 142 of 359 28 Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Manufacturing, light C P P 16-5- 2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Page 143 of 359 29 Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Adult dependent care C - A A A A A A A A A A Page 144 of 359 30 Principal One-Unit Dwelling Uses Only) Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 Page 145 of 359 31 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Page 146 of 359 32 Section 3. Amendment of Title 16, Chapter 6, Section 1(A): Rules of Measurement, (3): Lot Coverage; Section 1(B): Summary Table of Dimensional Requirements for Principal Uses and Structures; and Section 1(C): Additional Dimensional and Development Standards(6): M-1, M-2, and M-O-2 Districts (e): Zone of Transparency of the Englewood Municipal Code shall be amended as follows: §16-6-1: - Dimensional Requirements. A. Rules of Measurement. 1. Residential Density. a. Net Density. Net density shall be calculated by dividing the net acreage of a parcel by the minimum lot area required for each dwelling unit. Net acreage is equal to gross acreage, less land area devoted to public rights-of-way. b. Gross Density. Gross density shall be calculated by dividing the gross acreage of a parcel by the minimum lot area required for each dwelling unit. c. Rounding. When applying a density standard to a parcel's land area, all resulting fractions shall be rounded down to the next lower whole number. d. Maximum Density Not Guaranteed. The number of dwelling units allowed on a site is based on the presumption that all other applicable site development standards shall be met. The maximum density established for a zone district in this Chapter is not a guarantee that such densities may be obtained, nor a valid justification for varying other dimensional or development standards. 2. Lot Area. Lot area is measured as the amount of gross land area contained within a horizontal plane bounded by the front, side, and rear lot lines (but not including streets or rights-of-way). 3. Lot Coverage. a. General Rule. Lot coverage is the percentage of total lot area which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted by subsection (B) below, the term "structure" includes private walkways, driveways, and other paved surface areas used or intended for parking vehicles (e.g., parking pads). See Figure 16-6(1). b. Exemptions from the calculation of lot coverage. (1) Driveways, or portions thereof, twelve feet (12') or less in width; (2) Private walkways, or portions thereof, five feet (5') or less in width; (3) Areas covered by swimming pools, hot tubs, and ornamental ponds; (4) Open (uncovered) decks or patios less than thirty inches (30") above grade; or (5) Covered, unenclosed (open on at least two sides) porches. Page 147 of 359 33 Commentary to Figure 16-6(1) Lot Coverage [above]: The cross-hatching shown represents total lot coverage, including portions of the lot covered by the principal dwelling and an attached garage, but not including the paved driveway (when the driveway width is twelve feet (12') or less) and not including an unenclosed front porch or narrow front walkway. 4. Front Lot Coverage. Front lot coverage is the portion of the front setback or front yard area, whichever is larger, of a residential lot covered by (a) an impervious material, including but not limited to driveways, sidewalks and parking pads, and/or (b) any structure or portion thereof permitted to encroach into the front setback area. Front lot coverage is expressed as a percentage. Page 148 of 359 34 Commentary to Figure 16-6(2) Front Lot Coverage [above]: The cross-hatching shown in this figure illustrates those parts of this home's front setback area that are covered by impervious materials or surfaces—in this case, the portion of the paved driveway within the front setback area and the front walkway between the sidewalk and the home's front porch. The total area covered by those impervious materials or surfaces, divided by the entire area of the front setback, equals the total front lot coverage. 5. Lot Width. Lot width refers to the horizontal distance parallel to the front lot line measured between side lot lines at the front setback line, or if no setback line is established, the distance between the side lot lines measured along the street line. 6. Setbacks. Setbacks are measured along a line at right angles from the lot line to a point equivalent to the minimum setback. Setbacks shall be unobstructed from the ground to the sky except for the projections specifically allowed in Section 16-6-1.F EMC. 7. Floor Area Ratio (FAR). FAR is measured as the total floor area on a lot divided by the land area of that lot. "Total floor area" includes the total floor areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding: Page 149 of 359 35 a. Garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade; b. Basement and cellar areas devoted exclusively to uses accessory to the operation of the structure; and c. Areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, and electrical equipment. 8. Building or Structure Height. Building or structure height is the vertical distance of a building or structure, as measured from the average elevation of the finished grade at the corners of the building or structure base, to the highest point of the building or structure. When referring to a tower or other similar structure, height is measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna. 9. Street Frontage. Street frontage is the horizontal distance between side lot lines along the front lot line abutting the street. On corner lots, street frontage is measured along both lot lines abutting streets. B. Summary Table of Dimensional Requirements for Principal Uses and Structures. All principal structures and uses shall be subject to the intensity and dimensional standards set forth in the following Table 16-6-1.1. These standards may be further limited by other applicable sections of this Title. Additional regulations for the residential districts, and special dimensional regulations related to lot area, setbacks, height, and floor area are set forth in the subsections immediately following the table. Rules of measurement are set forth in subsection 16-6-1.A EMC. Dimensional requirements for accessory structures are set forth in subsection 16-6-1.I EMC. TABLE 16‐6‐1.1: SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES Min Lot Area (sq ft) Max FAR Max Lot Coverage (%) Min Lot Width (ft) Max Height (ft) Minimum Setbacks (ft) Front Each Side [1] & [2] Rear R‐1‐A District One‐Unit Dwelling 9,000 None 35 75 32 25 7 20 One‐Unit Dwelling on a Small Lot [5] 6,000 [4] None 40 50 32 25 5 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Page 150 of 359 36 All Other Allowed Uses 24,000 None 35 200 32 25 25 25 R‐1‐B District One‐Unit Dwelling 7,200 None 40 60 32 25 5 20 One‐Unit Dwelling on a Small Lot [5] 6,000 [4] None 40 50 32 25 5 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 All Other Allowed Uses 24,000 None 40 200 32 25 25 25 R‐1‐C District One‐Unit Dwelling 6,000 None 40 50 32 25 5 20 One‐Unit Dwelling on a Small Lot [5] 4,500 [4] None 40 37 32 25 3 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 All Other Allowed Uses 24,000 None 40 200 32 25 25 25 R‐2‐A District One‐Unit Dwelling 6,000 None 40 50 32 25 5 20 Page 151 of 359 37 One‐Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Multi‐Unit Dwelling (Maximum 2 units) 3,000 per unit None 40 25 per unit [4] 32 25 5 20 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 R‐2‐B District One‐Unit Dwelling 6,000 None 40 50 32 25 5 20 One‐Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Multi‐Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 3,000 per unit None 60 25 per unit [4] 32 25 5 20 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 MU‐R‐3‐A District Page 152 of 359 38 One‐Unit Dwelling 6,000 None 40 50 32 25 5 20 One‐Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Multi‐Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 3,000 per unit None 60 25 per unit [4] 32 25 5 25 Private Off‐Street Parking Lots 12,000 None 70 None n/a 25 15 15 Office, Limited 15,000 1.5 (Excluding the gross floor area of parking structures) 50 None 32 25 15 25 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 MU‐R‐3‐B District (See Additional Regulations Following the Table) One‐Unit Dwelling 6,000 None 40 50 32 15 5 20 One‐Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 15 3 20 Page 153 of 359 39 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 15 3 20 Multi‐Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 2‐4 units: 3,000 per unit; Each additional unit over 4 units: 1,000 per unit [4] None 75 None 2‐4 units: 32 More than 4 units: 60 15 2‐4 units: 5 More than 4 units: 15 25 Office, Limited 24,000 1.5 (Excluding the gross floor area of parking structures) 75 None 60 15 15 [3] 25 All Other Allowed Uses 24,000 [4] None 75 None 60 15 15 25 MU‐R‐3‐C District (See Additional Regulations Following the Table) One‐Unit Dwelling 6,000 None 40 50 32 15 5 20 One‐Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 15 3 20 One‐Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 15 3 20 Multi‐Unit Dwelling 6,000 None 75 None 40 15 5 20 Office, Limited 6,000 None 75 None 40 15 5 20 Page 154 of 359 40 All Other Allowed Uses 24,000 [4] None 75 None 40 15 5 20 M‐1, M‐2, M‐O‐2 Districts (See Table 16‐6‐1.1a) MU‐B‐1 District (See Additional Regulations Following the Table) Live/Work Dwelling None None None None 100 0 and no more than 5 feet 0 5 Multi‐Unit Dwelling [4] None None None None 100 0 and no more than 5 feet 0 5 All Other Allowed Uses None None None None 100 0 and no more than 5 feet 0 5 MU‐B‐2 District (See Additional Regulations Following the Table) Multi‐Unit Dwelling [4] None None None None 60 0 and no more than 5 feet 0 5 All Other Allowed Uses None None None None 60 0 and no more than 5 feet 0 5 TSA District Please refer to Section 16‐6‐14 EMC, of this Chapter and the applicable Station Area Design Standards and Guidelines for intensity and dimensional standards. Page 155 of 359 41 I‐1 AND I‐2 All Allowed Uses Except Manufactured Home Parks None 2:1 None None None Where a building abuts upon, adjoins, or is adjacent to a residential zone district, minimum setbacks of 10 ft on all sides are required, except as required in Section 16‐6‐7.G, "Screening Requirements." Manufactured Home Parks See Section 16‐5‐2.A.3, above. Notes to Table: [1] The minimum side setback stated in this table for one‐unit attached and multi‐unit dwellings shall apply to the entire dwelling structure, and not to each individual dwelling unit located in the structure. [2] The minimum side setback standard for principal residential dwellings in the residential (R) zone districts, as stated in this Table, shall apply to such dwellings that existed on the Effective Date of this Title. However, principal residential dwellings existing on the Effective Date of this Title, and which as of that date are not in compliance with the minimum side setback standards established in this Table, shall not be considered nonconforming structures due solely to the dwelling's noncompliance with the minimum side setback. Such dwellings are "grandfathered," and shall be considered legal, conforming structures for the purposes of sale and development under this Title and other City building and safety regulations. See Section 16‐9‐3 (Nonconforming Structures), below. [3] The minimum separation between principal buildings located on the same or adjoining lots, whether or not the lots are under the same ownership, shall be fifteen feet (15'). [4] See Section 16‐6‐1.C for additional dimensional standards appropriate to the zone district. [5] Small lot of record on or before February 23, 2004. [6] Urban lot of record that contained or contains a one‐unit dwelling that existed on or before the Effective Date of this Title (February 23, 2004). Vacant Urban Lots follow same process as Nonconforming Lots, see Section 16‐9‐4. [7] For Urban Lots with less than 3,000 sq. ft. of Lot Area or less than 25 ft. of Lot Width follow same process as Nonconforming Lots, see Section 16‐9‐4. TABLE 16‐6‐1.1a: SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES LOCATED WITHIN MEDICAL ZONE DISTRICTS AND OVERLAYS Page 156 of 359 42 Min Lot Are a (sq ft) Max Lot Covera ge (%) Min Lot Widt h (ft) Max Heig ht (ft) Max Retai l Gross Floor Area (sq ft) Minimum Setbacks (ft) Fron t Front Upper Story Setbac k Above 60 Feet Side: Adjace nt Street [1] & [2] Side: Adjace nt Alley [1] & [2] Side: Adjacen t Side [1] & [2] (Lots fronting Hampde n, Jefferso n or the 3500 blocks of Logan and Clarkson ) Side: Adjace nt Side [1] & [2] (Lots frontin g all other streets) Rea r M‐1 and M‐2 Districts and M‐O‐2 Overlays (See Additional Regulations Following the Table) Live/Wo rk Dwelling 6,00 0 [4] None None 32 10,00 0 [4] 0 and no mor e than 10 NA 0 and no more than 10 5 0 5 5 [4] One‐ Unit Dwelling 6,00 0 40 50 32 NA 15 NA 5 5 5 5 20 One‐ Unit Dwelling on a Small Lot [5] 4,00 0 40 40 32 NA 15 NA 3 3 3 3 20 Page 157 of 359 43 One‐ Unit Dwelling on an Urban Lot [6] 3,00 0 [7] 40 25 [7] 32 NA 15 NA 3 3 3 3 20 All Other Allowed Uses 6,00 0 [4] None None Heigh t Zone 1:145 Heigh t Zone 2:60 Heigh t Zone 3:32 [4] 10,00 0 [4] 0 and no mor e than 10 20 [4] 0 and no more than 10 5 0 5 5 [4] Notes to Table: [1] The minimum side setback stated in this table for one‐unit attached and multi‐unit dwellings shall apply to the entire dwelling structure, and not to each individual dwelling unit located in the structure. [2] The minimum side setback standard for principal residential dwellings in the residential (R) zone districts, as stated in this table, shall apply to such dwellings that existed on the effective date of this Title. However, principal residential dwellings existing on the effective date of this Title, and which as of that date are not in compliance with the minimum side setback standards established in this table, shall not be considered non‐conforming structures due solely to the dwelling's non‐compliance with the minimum side setback. Such dwellings are "grandfathered," and shall be considered legal, conforming structures for the purposes of sale and development under this Title and other City building and safety regulations. See section 16‐9‐3 (Non‐Conforming Structures), below. [3] The minimum separation between principal buildings located on the same or adjoining lots, whether or not the lots are under the same ownership, shall be fifteen feet (15'). [4] See section 16‐6‐1.C for additional dimensional standards appropriate to the zone district. [5] Small lot of record on or before February 23, 2004. [6] Urban lot of record that contained or contains a one‐unit dwelling that existed on or before the Effective Date of this Title (February 23, 2004). Vacant Urban Lots follow same process as Nonconforming Lots, see Section 16‐9‐4. Page 158 of 359 44 [7] For Urban Lots with less than 3,000 sq. ft. of Lot Area or less than 25 ft. of Lot Width follow same process as Nonconforming Lots, see Section 16‐9‐4. C. Additional Dimensional and Development Standards. 1. Multi-Unit Development Standards in R-2-A, R-2-B, MU-R-3-A and MU-R-3-B Districts. a. Applicability. The following standards apply to all multi-unit dwellings constructed or converted after the effective date of this Section. b. Multi-unit dwellings existing on the effective date of this Section and which as of that date are not in compliance with standards established by this Section, shall not be considered nonconforming due solely to the dwelling's noncompliance with the standards of this Section. Such dwellings are "grandfathered," and shall be considered legal, conforming structures for the purposes of sale and development under this Title. c. Property having rear alley access. (1) Minimum lot width shall be twenty-five feet (25') per unit except in the MU-R-3-B District the minimum lot width shall be per Table 16-6-1.1 EMC. (2) Driveway access from the public street shall be prohibited, except for: (a) Corner lots where garage, carport or parking pad may be accessed from the side street. (b) Dwellings with four (4) or more units may have one (1) driveway accessing the street. (3) Parking pads within the front yard or front setback shall be prohibited. d. Property without rear alley access. (1) Minimum lot width shall be thirty feet (30') per unit; except in the MU-R-3-B District the minimum lot width shall be per Table 16-6-1.1 EMC. (2) Garages, carports and parking pads shall be off-set behind the front building line of each unit by a minimum of five feet (5'). (3) Minimum separation between driveways or parking pads of attached units shall be twenty feet (20'). (4) Maximum driveway and/or parking pad width within front yard or front setback shall be ten feet (10') per unit. (5) The maximum garage door width on the front facade of the structure shall be 9 feet (9') per unit. (6) A parking pad may be located in the front yard or front setback only when a garage or carport is not provided. (7) An opaque fence or wall shall be provided between driveways or parking pads on adjacent properties. (8) Units that provide attached garages behind the rear building line of the principal structure may reduce the principal structure's rear setback to ten feet (10'). (9) It is recognized that because of the wide variety of multi-unit development options, the City Manager or designee may on a case-by-case basis consider minor deviations to d(2) through (7) above, whenever such deviations are more likely to satisfy the intent of this subsection. Page 159 of 359 45 2. MU-R-3-B District. a. The minimum lot area standards set forth in Table 16-6-1.1 apply to parcels of land containing less than forty-three thousand five hundred sixty (43,560) square feet (one (1) acre). Parcels of land containing forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) or more may be developed at a density of one (1) unit per one thousand eighty-nine (1,089) square feet. b. The minimum lot area standards set forth in Table 16-6-1.1 for "office limited" and "all other allowed uses" shall not apply to an existing structure converted to accommodate an allowed nonresidential principal use on a lot having less than twenty-four thousand (24,000) square feet, provided the allowed conversion complies with district residential design standards and required off-street parking and landscaping requirements. 3. MU-R-3-C District. a. The maximum office building floor area (as defined in 16-11-2 EMC) is limited to no more than thirty thousand (30,000) square feet. 4. Residential Use in MU-B-1 and MU-B-2 Districts. a. Dwelling units may be incorporated into the same building as the commercial use (not as a stand-alone use) b. The commercial use occupies the majority of the ground floor of the building, and is directly accessible from an adjacent public street or sidewalk. 5. M U-B-2 District. a. Relief from front setback requirements set forth in Table 16-6-1.1 may be provided in the situations listed below conditioned on the establishment of a strong development edge along the front property line. (1) Addition to an existing building. (2) Commercial lots with more than two hundred fifty (250) feet of commercial zoning and lot depth. (3) Drive-thru uses. (4) Outside dining. 6. M-1, M-2, and M-O-2 Districts. a. Minimum Lot Size Exemption: Lots less than six thousand (6,000) square feet in size in existence on the effective date of this Title are exempt from the minimum lot size requirements. b. Height Zones. Height Zone boundaries are depicted in Figure 16-6(2a). Figure 16-6(2a): Medical Zone and Medical Overlay District Height Zone Boundaries Page 160 of 359 46 c. Maximum Retail Gross Floor Area Exemption: Properties directly adjacent on two sides to an arterial street and a collector street as classified by the Department of Public Works are exempt from the maximum retail gross floor area restriction. [balance of page intentionally left blank] Page 161 of 359 47 Figure 16-6(2b): Properties Exempt from the Max. Retail Gross Floor Area Requirement (Gray) HYPERLINK "file:///\\civicsan\CommDev\Group\File%20Log\2018\images\16‐6‐6‐C‐2.png" d. Minimum Lineal Street Frontage: 1. Building frontages are required to cover a minimum distance of 75% of the length of the front lot line, measured adjacent to and parallel with the front lot line. 2. Building frontages are required to cover a minimum distance of 25% of the length of the side lot line abutting a street, measured adjacent to and parallel with the side lot line. [balance of page intentionally left blank] Page 162 of 359 48 Figure 16-6(2c): Minimum Lineal Street Frontage Example: 100 x 100' Lot " e. Zone of Transparency: New construction and/or additions of ground floor retail space fronting on a public street, shall incorporate transparent glass for a percentage of the lineal street frontage of the first floor. These windows shall be a minimum of five feet (5') high and mounted not more than three feet six inches (3'6") high above the interior floor level for a total height of eight feet six inches (8'6"). 1. A 60% minimum building lineal zone of transparency measured adjacent to and parallel with the front lot line is required. Page 163 of 359 49 2. A 25% minimum building lineal zone of transparency measured adjacent to and parallel with the side lot line fronting a public street is required. Figure 16-6(2d): Zone of Transparency f. Required Building Entrances: All buildings shall have a primary ground floor entrance fronting a public street. g. Setback Requirements: 1. Minimum side setback may be reduced to zero (0) feet to conform with an adjacent structure's zero (0) foot rear or side setback. 2. Minimum rear setback may be reduced to zero (0) feet for lots less than one hundred feet (100') deep. 3. Open air balconies may extend ten feet (10') into the upper story front setback. 4. Relief from front setback requirements set forth in Table 16-6-1.1 may be provided for outside dining areas on the establishment of a strong development edge along the front property line. D. Lots: Special Regulations. 1. Lot Area Exceptions. a. Reduction in Lot Area. No lot, existing and of record on the effective date of this Title, shall be so reduced that the lot area shall be smaller than prescribed by this Title. No portion of a lot, necessary to provide the required area per dwelling unit, shall be separated in ownership from that portion of the lot upon which the building containing the dwelling unit or units is located. b. Utility Installations. Subsection (a) above shall not apply to utility installations that are necessary for the public use and convenience of the area. In such instances, utility installations may occupy not in excess of six hundred seventy-five (675) square feet of the lot area. An utility installation in excess of one hundred (100) square feet shall be screened and landscaped from adjacent and adjoining residences. 2. Residential Corner Lot Regulations. a. On rectilinear blocks, the minimum front setback requirement stated in Table 16-6-1.1 above shall apply to the lot side that abuts the long side of the block. For all other block or lot configurations, the City Manager or designee shall determine to which side the minimum Page 164 of 359 50 front setback applies. Appeals to the City Manager or designee's determination shall be to the Planning and Zoning Commission. b. Reverse corner lots are prohibited. 3. Obstruction of View on an Interior or Corner Lot. Nothing shall be permitted in the front yard, side yard, or rear yard which will obstruct the view of the oncoming cars or pedestrians a distance of three hundred feet (300'). This shall not preclude the installation of necessary utility company poles and/or traffic regulatory devices. E. Height: Special Regulations. 1. Height Exceptions. The following items may exceed the maximum height allowed in the applicable zone district, as specifically limited. All of the following items shall be typically associated with the structure to which they are attached. Applicants may request other exceptions to the height limitations stated in this Section according to the variance procedures in Section 16-2-16 EMC. a. Spires, steeples, belfries, cupolas, and domes, provided they are not intended or used for dwelling purposes, and provided they extend the height of the principal building by no more than thirty percent (30%) above the maximum height permitted in the zone district. b. Bulkheads, elevator penthouses, observation towers, transmission towers, chimneys, ventilators, smoke stacks, skylights, derricks, conveyors, water towers and tanks, fire towers, hose towers, cooling units, enclosed stairwells, or other structures where the manufacturing process requires a greater height, provided they extend the height of the principal building by no more than thirty percent (30%) above the maximum height permitted in the zone district. c. Chimneys, including chimney termination devices and decorative features, on residential dwelling structures may exceed the height limitation by no more than four feet (4'). F. Setbacks and Yards: Special Regulations. 1. Maximum Residential Front Yard. The maximum front yard for any dwelling shall not be greater than one-third ( 1/3 ) of the depth of the lot. 2. Maximum Front Lot Coverage. See Section 16-6-10 EMC, "Design Standards and Guidelines," below for limits on total front lot coverage applicable in the residential (R) zone districts. 3. Use of Required Setback or Yard by Another Building. No part of a setback, yard, court, or other open space provided for any building or structure for the purpose of complying with the provisions of this Title shall be included as a part of a yard, court, or other open space required under this Title for another building or structure. 4. Exceptions to Setback and Yard Requirements. a. Applicability. The exceptions stated in this subsection shall be applicable only in the residential districts (i.e., they are not applicable in the business or industrial districts.) b. Through Lots. At each end of a through lot, there shall be a front setback of the depth required by this Title for the district in which each lot frontage is located. c. Multi-Unit Dwellings. For the purpose of side setback regulations, multi-unit dwellings with common party walls shall be considered as one (1) building occupying one (1) lot. d. Reduction of Setbacks. No required setback around an existing building shall be separated in ownership from the lot upon which the building is located. e. Rear Setbacks for Shallow Lots. If a lot in a residential district was less than one hundred feet (100') deep on the effective date of this Title, the rear setback may be reduced to fifteen feet (15'). 5. Permitted Projection Into Setbacks/Yards. Page 165 of 359 51 a. Driveways/Sidewalks. Accessory driveways and sidewalks or walkways may encroach into any part of a required setback/yard. b. Architectural Features. Architectural features, which include cornice, eave belt course, sills, canopies, roof overhangs, bay windows, vertical projections, or other similar architectural features, may project into required setbacks subject to the following conditions: (1) Projections into Required Side Setback: Four inches (4") for each foot of width of side setback required. (2) Projections into Required Front or Rear Setback: Maximum of thirty inches (30"). c. Chimneys. Chimneys may project into required setbacks as follows: (1) Projections into Required Side Setback: No more than one foot (1'), provided the width of such setback is not reduced to less than two feet (2'). (2) Projections into Required Front or Rear Setback: Maximum of twenty-four inches (24"). d. Fire Escapes. (1) Fire escapes shall not project into a required side setback. (2) Projections into Required Front or Rear Setback: No more than three feet (3'). e. Porches, Stoops, Decks, Terraces, and Patios. (1) Enclosed porches and any porch, stoop, deck, terrace, or patio greater than thirty inches (30") above grade may not extend or project into required front or side setbacks. (2) Uncovered porches, stoops, decks, terraces, and patios with a walking surface which is less than thirty inches (30") above grade, may extend no more than thirty percent (30%) of the required setback distance into the required setback area. (3) Covered porches, stoops, decks, terraces, and patios with a walking surface which is less than thirty inches (30") above grade, may extend no more than five feet (5') into a required front or rear setback, or five feet (5') into a required side setback that abuts a street, provided they do not encroach into or hang over an easement or a property line and the encroachment does not obstruct sight distance requirements per City standards. f. Mechanical Equipment. (1) Residential zone districts. (a) HVAC condensers and window-mounted air conditioning units may be located within side or rear setbacks. (2) All zone districts. (a) Other small-scale mechanical equipment may be permitted within setbacks at the discretion of the City Manager or designee. g. Handicap Access Ramp. (1) Ramps designed for handicap access may project into any required setback. G. Bulk Plane Requirements. 1. Intent. The bulk plane requirements in this subsection are intended to ensure that new residential development, including additions and expansions of existing dwellings, provides adequate light and privacy to neighboring properties. In addition, the bulk plane requirements are intended to assure greater design compatibility in terms of building mass and scale within Englewood neighborhoods. 2. Applicability and Exceptions. Page 166 of 359 52 a. Applicability. Except as exempt by this subsection, the bulk plane requirements in this subsection shall apply to: (1) All new residential development of four (4) dwelling units or less in the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B zone districts; (2) All new residential development on legal, nonconforming lots that have lot widths less than the minimum required by the applicable zone district; and (3) All new residential development on small lots and urban lots. b. Exceptions. (1) The bulk plane requirements in this subsection shall not apply to new residential developments of five (5) or more units, or non-residential development, or accessory structures in the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B zone districts. The bulk plane requirements in this subsection shall not apply to any development in the MU-R-3-C, MU-B-1, MU-B-2, M-1, M-2, M-O-2, I-1, I-2 or TSA zone districts. (2) Dormers with window(s) may partially protrude through the bulk plane defined below for a maximum cumulative length of fifteen (15) linear feet, measured horizontally at the point of intersection with the bulk plane, and provided the vertical height of a dormer window does not extend above the height of the ridgeline of the roof surface from which the dormer protrudes. (3) Eaves may extend up to twenty-four inches (24") into the bulk plane, provided it does not project further into a side setback than the maximum projection allowed by 16-6- 1:F5(b)(1). The extension shall be measured horizontally from the building wall to the furthest extent of the eave. (4) Gutters may extend into the bulk plane, regardless of whether the eave projects into the bulk plane. (5) Chimneys may extend vertically into the bulk plane a maximum of ten feet (10'). (6) Patio or deck railings may extend vertically into the bulk plane a maximum of forty-two inches (42") if the railing is at least seventy-five percent (75%) open or transparent. 3. Bulk Plane Requirements. Except as specifically excepted in subsection G(2), above, no part of any structure subject to these bulk plane requirements (including air conditioner, elevator penthouses, and other mechanical equipment) shall project through the following defined bulk planes, which define a building envelope for the subject lot: a. For all applicable zone districts, the base plane for the vertical measurement of the bulk plane shall be established by taking the average of the existing grades of the midpoints of the two side property lines. b. The maximum side wall height shall be measured at the point where the side wall of the structure intersects the highest roof framing member (typically roof sheathing). The top of any parapet wall shall not extend beyond the defined bulk plane. c. R-1-A and R-1-B Zone Districts . (1) A horizontal line that is located directly above the side lot line and which passes through a point twelve feet (12') above the base plane described in paragraph (a), above; and (2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle) from the horizontal lines defined in paragraph (c)(1) above. d. R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B Zone Districts . Page 167 of 359 53 (1) A horizontal line that is located directly above the side lot line and which passes through a point seventeen feet (17') above the base plane described in paragraph (a) above; and (2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle) from the horizontal lines defined in (d)(1) above. e. Accessory Dwelling Units. (1) A horizontal line that is located directly above the side lot line and which passes through a point twelve feet (12') above the base plane described in paragraph (a) above; and (2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle) from the horizontal lines defined in Paragraph (c)(1) above. " A Beginning point of Bulk Plane shall be: • Twelve feet (12') above Base Plane for R-1-A and R-1-B Districts. • Seventeen feet (17') above Base Plane for R-1-C, R-2-A, R-2-B, MU-R-3-A and MU-R-3-B zone districts. B Side setback varies by zone district and lot type, see table 16-6-1.1 EMC. C Maximum Side wall height (A+B=C), where side wall of structure intersects the highest roof framing member. D Maximum height of structure, see Table 16-6-1.1 EMC. E Base Plane, average existing grade of the two side property line midpoints. Page 168 of 359 54 Commentary to Figure 16-6(3) Bulk Plane (above): The shaded portion of the illustration above depicts the defined bulk plane, which must contain the entire dwelling structure (with limited exceptions for projecting dormers, chimneys, and railings). The bulk plane is measured at a forty-five degree (45°) angle from a horizontal line located directly above each side lot line and which passes through a point twelve feet (12') above the base plane in the R-1-A and R-1-B zone districts, or seventeen feet (17') above the base plane in the R-1-C, R-2-A, R-2-B, MU-R- 3-A and MU-R-3-B zone districts. The maximum side wall height is the point where the side wall of the structure intersects the highest roof framing member. H. Requirements for Accessory Structures. 1. General Provisions. a. Purpose. This subsection authorizes the establishment of accessory structures that are incidental and customarily subordinate to the principal use and structure on a property. The City's intent in adopting this subsection is to allow a broad range of accessory structures, so long as such structures are located on the same site as the principal use, and so long as they comply with the performance criteria set forth in this subsection in order to reduce potentially adverse impacts on surrounding properties. b. Approval of Accessory Structures. A permitted accessory structure may be approved in conjunction with approval of the principal structure. c. Compliance with Title Requirements. All accessory structures shall be subject to the dimensional regulations set forth in this subsection, including Table 16-6-1.2, below. In the case of any conflict between the accessory standards of this subsection and any other requirement of this Title, the standards of this subsection shall control. 2. General Conditions. All accessory structures shall comply with the following general conditions: a. Be clearly incidental and customarily found in connection with the principal use; b. Be located on the same lot as the principal use and structure; and c. Be operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as the permitted principal use and structure. 3. General Development and Operational Standards. The following general standards shall apply to all accessory structures in all zoning districts, unless otherwise specified in this Title: a. Time of Establishment. No accessory structures shall be allowed on the subject parcel until all required permits and approvals for the principal use or activity have been obtained. b. Location of Accessory Structures. Unless otherwise specified, all accessory structures shall comply with the following general requirements: (1) An accessory structure shall not be located within a required setback. (2) No accessory structure shall be located within any platted or recorded easement or over any known utility. c. Residential Occupancy. No accessory structure shall allow residential occupancy, except as permitted for approved accessory structures occupied by caretakers or watchmen, or for approved accessory dwelling units on owner-occupied principal one-unit detached properties. d. Temporary Accessory Structures. Temporary accessory structures shall be governed by the standards and Temporary Use Permit procedures set forth in Sections 16-2-14 and 16-5-5 EMC. e. Materials. No accessory structures shall be constructed using cloth, canvas, tarp, plastic, vinyl, or other materials not approved by the City Manager or designee. Page 169 of 359 55 I. Summary Table of Dimensional Requirements for Accessory Structures. Table 16-6-1.2 below sets forth what types of structures are permitted as accessory in each of the City's zoning districts, and the applicable dimensional standards for the accessory structure. If an accessory structure is not listed in the table, but satisfies all the general standards set forth in subsection 16-6-1.H EMC, the City Manager or designee may permit the structure subject to the unlisted use procedures in Section 16-5-1.B EMC and the dimensional standards set forth in this Section 16-6-1 EMC. TABLE 16‐6‐1.2: SUMMARY TABLE OF DIMENSIONAL REQUIREMENTS FOR ACCESSORY STRUCTURES Use Districts Allowed Maximu m Number Max. Heigh t (ft) Minimum Setback (ft) Maximum Total Floor Area (sq ft) Add'l Regulation s Front Side Rear Accessory Dwelling Units (ADUs) R‐1‐C, R‐2‐ A, R‐2‐B, MU‐R‐3‐A, MU‐R‐3‐B 1‐unit dwelling: 1 ADU 26 Entire structure shall be located within rear 35% of the lot 3 Garden cottage: 3 Carriage house: 6 If vehicle entrance faces street or side lot line: 3 Residentia l portion of structure shall not exceed 650 square feet Detached garages and all carports All Residentia l Districts 1‐unit dwelling: 1 garage and 1 carport, 2‐unit dwelling: 1 garage and 1 carport per unit. More than two‐ unit dwelling: 1 garage 16 Shall conform to the zone district's minimum front setback applicable to the principal structure and to applicable residential developmen t and design R‐1‐A: 5 Other districts: 3 If entrance faces alley: 6 If entrance faces street or side lot line: 3 Combined maximum total floor area of all garages and carports shall not exceed 1,000 square feet per unit. If a garage or carport is converted to another use, an equivalent amount of off‐street parking shall be provided. When a garage or carport is converted Page 170 of 359 56 or carport per unit standards of this Chapter to another use the existing driveway or carport in the front setback shall be subject to parking pad regulations , standards and guidelines. Detached garages and all carports TSA, and all Medical, Business and Industrial Districts Shall conform to zone district standards for principal structures. Storage sheds All Residentia l Districts, TSA, Medical, Business, and Industrial Districts 1 10 All R Districts: Shall be located behind the rear building line of the principal structure B Districts: Shall be located behind the front building line of the principal R‐1‐A: 5; Other R Districts: 3; M M, B, TSA, I Districts: Shall conform to zone district standards for principal structure s R‐1‐A: 5; Other R Districts: 3; M B, TSA, I Districts: Shall conform to zone district standards for principal structure s 150 See 16‐2‐ 9.A.2 for structures 120 square feet or smaller Page 171 of 359 57 structure TSA & I Districts: Shall conform to zone district standards for principal structures Other accessory structure s not listed above All Residentia l and Medical Districts 1 12 Other accessory structures shall be located behind the rear building line of the principal structure R‐1‐A: 5 Other R Districts: 3 R‐1‐A: 5 Other R Districts: 3 200 See 16‐2‐ 9.A.2 for structures 120 square feet or smaller Section 4. Amendment of Title 16, Chapter 8, Section 1: Applicability (D): Minor Subdivisions of the Englewood Municipal Code shall be amended as follows: §16-8-1: - Applicability. A. General. This Chapter shall be applicable to all subdivisions or re-subdivisions of land within the corporate limits of the City of Englewood, and any additional lands over which the City has control authority under C.R.S. 31-23-212 et. seq., as amended. In addition, this Chapter shall apply to all land in the process of annexation to the City of Englewood. No plat of a subdivision of land shall be used for purposes of sale or building development until approved and recorded under the provisions of these subdivision regulations. B. Exemptions. This Chapter shall not apply to the following: 1. Any division of land to heirs through an estate proceeding. 2. Any division of land by virtue of the foreclosure of a deed of trust. 3. Any division or combination of land through an Administrative Land Review Permit. C. Major Subdivisions. 1. Applicability. A Major Subdivision is required whenever a subdivision of land requires the dedication of land for public rights of way or public areas. Page 172 of 359 58 2. Procedure for Approval of a Major Subdivision. A Major Subdivision may be approved by the Commission and Council, subject to the procedures set forth in Section 16-2-10 EMC, "Major Subdivisions". D. Minor Subdivisions. 1. Applicability. A Minor Subdivision includes all of the following actions, provided no such actions require the dedication of land for streets, easements, or other public areas: a. Unplatted land is to be platted, divided, or combined with any other land whether platted or unplatted. b. A single platted lot is to be divided into two (2) or more lots. c. A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines. d. Adjustment of boundary line(s) between previously platted parcels inconsistent with historical platted lines. e. The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. 2. Procedure for Approval of a Minor Subdivision. A Minor Subdivision may be approved by the City Manager or designee, subject to the procedures set forth in Section 16-2-11 EMC, "Minor Subdivisions and Administrative Land Review Permits". If land dedications are required, or if a proposed action does not meet one (1) or more of the conditions listed in Section 16-8-1.D.1 EMC, above, then the Major Subdivision procedure in Section 16-2-10 EMC, shall apply. Section 5. Amendment of Title 16, Chapter 10, Section 1: Enforcement and Section 2: Penalties of the Englewood Municipal Code shall be amended as follows: §16-10-1: Enforcement. A. Enforcing Officer Enforcement. The provisions of this Title shall be administered and enforced by the City Manager or designee of the City of Englewood. Zoning enforcement personnel will have all legal powers necessary to enforce this Title. B. Enforcement Officer. The Enforcement Officer shall be responsible for the enforcement of all provisions contained in this Title and is hereby authorized to undertake all investigations of violations of this Title , to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Title. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Page 173 of 359 59 C. Stop Orders. Whenever the use of property or the construction of any building or structure is contrary to the provisions of this Title, the City Manager or designee Enforcement Officer may order the use of the property or the construction to be stopped by serving notice in writing on any person, firm or corporation engaged in using said property or in doing or causing such work to be done, or by posting such notice in a conspicuous place on said property when no such person, firm or corporation can be served in the aforesaid manner. No oversight or dereliction or error on the part of the City of any employee of City shall legalize, authorize, or excuse the violation of any of the provisions of this Title. D. Enforcement Process. Unless specifically called out in Title 16, enforcement of zoning violations shall follow the abatement procedure specified in Section 15-3-2 EMC. 1. Administrative Notice of Violation a. Issuance of Administrative Notice. The Enforcement Officer shall provide written notice to the owners (s) of the premises upon which exists a known or suspected violation of this Title. Such notice shall be served upon the owner (s) by posting such notice on the property, by personally serving the notice to the owners(s), or by sending the notice certified, return receipt requested via US Mail, postage prepaid, to the last known address of the owner(s). b. Receipt of Notice. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed received seventy-two hours after posting the property, publication in a newspaper of general circulation, or by certified mailing, return receipt requested via US Postal Service, postage prepaid. c. Administrative Notice. The administrative notice shall include that information deemed necessary by the Enforcement Officer, including, but not limited to: 1) common address or legal description of the property upon which the violation is located, 2) citation to any section of the Code of which a violation is alleged to exist, 3) description of the violation (s) occurring upon the property, 4) an administrative order to correct the violation within ten (10) days of the receipt of the administrative notice (unless other provided within a specific section or Chapter of this Title), 5) notice of the procedure to appeal an administrative notice of violation, and 6) notice that failure to correct such violations may result in criminal Page 174 of 359 60 prosecution, including the possible maximum fines and penalties associated with conviction upon such charges. d. Compliance Inspection. Within five (5) days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking inspection of the property and a determination that the property is in compliance with the Code. The Enforcement Officer is authorized to provide one (1) extension to the administrative notice of no more than five (5) days following an inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violation (s), and such violation (s) may be successfully remediated if provided an additional five (5) days. 2. Summons and Complaint; Notice to Appeal; Right to Proceed; Fines and Costs a. If the owner or primary contact fails to schedule a time for the inspection within ten (10 days following service of the administrative notice (unless otherwise provided within a specific section or Chapter of this Title), the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1-7A-4 of the Englewood Municipal Code. b. If the Enforcement Officer has not completed an inspection of the property and a determination that the property is in compliance with the Code within ten (10) days following receipt of the administrative notice, the Enforcement Officer is authorized to issue to the owner a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter. c. Should any owner(s) of such property contest the charge, the City shall not be precluded from addressing the violations of this Chapter, or any other Title of the Englewood Municipal Code which are applicable, through administrative or civil action to bring the property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. d. Any persons found guilty, or by the entering of a plea of guilty or nolo contender, to any violation of this Title shall be subject to the provisions of the General Page 175 of 359 61 Penalty, E.M.C. 1-4-1, and shall be ordered to remediate the violation and bring the subject property into compliance with this Title. e. Any person convicted of a violation of this Title shall be assessed the costs incurred by the City in association with service of the administrative notice, including publication and mailing fees, and service of the summons and complaint, including process server fees, in association with the enforcement of this Chapter. Title 16, Chapter 10, Section 2 of the Englewood Municipal Code shall be amended as follows: 16-10-2 Penalties Prohibited Acts A. Violation and Penalty. Any violation of this Title is subject to those penalties provided for in the general penalty section of the Englewood Municipal Code. A. B. Prohibited Acts Except when acting in conformance with this Title, it shall be unlawful for any person, property owner, or representative of a property owner to perform any of the following acts: 1. Erect or construct, reconstruct, remodel, alter, maintain, expand, move, or use any land, building, structure, or sign; or engage in development or subdivision of any land contrary to the regulations and procedures of this Title. 2. Except as provided herein, it shall be unlawful for any person to Divide any realty unless there has first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Title. 3. It shall be unlawful for an person to Execute, deliver or record any deed, lease or other instrument of whatsoever any nature, which would have the effect of causing a division in any realty unless and until a plat therefore has been prepared, approved and filed in accordance with the provisions of this Title. In the absence of compliance with said provisions, Any such instrument filed in violation to this Title shall be null, void and of no legal effect whatsoever. 4. No Requesting or accepting a building permit, certificate of occupancy or other permit or certificate shall be issued approving or authorizing the construction, remodeling, repairing or occupancy of any improvement, building or other structure upon any realty, which would have the effect of causing a division of realty, unless there has been compliance with all of the requirements of this Title. 5. Engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, agreement, or other form of authorization required to engage in such activity. Page 176 of 359 62 B. Building Permit Required. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials, construct entrances to parking lots or commence the moving, structural alterations, conversions, extension, enlargements, alteration or repair of any structure, including accessory structures until a building permit has been issued therefore. Section 6. Amendment of Title 16, Chapter 11, Section 2: Definition of Words, Terms, and Phrases (B): Definition of Words, Terms, and Phrases of the Englewood Municipal Code shall be amended as follows: §16-11-2: - Definition of Words, Terms, and Phrases. A. Undefined Terms. For words, terms, and phrases used in this Title that are not defined below, or elsewhere in this Title, the City Manager or designee shall interpret or define such words, terms, and phrases. In making such interpretations or definitions, the City Manager or designee may consult secondary sources related to the planning profession for technical words, terms and phrases, including but not limited to: A Glossary of Zoning, Development, and Planning Terms - Planning Advisory Service Report 491/492, edited by Michael Davidson and Fay Dolnick (American Planning Association, Chicago, Ill. 1999); A Survey of Zoning Definitions - Planning Advisory Service Report Number 421, edited by Tracy Burrows (American Planning Association, Chicago, Ill. 1989); Zoning and Development Definitions for the Next Century, edited by Michael Davidson, in Zoning News (American Planning Association, August 1999); and The Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. Third Edition. 1987). The City Manager or designee may consult Webster's Unabridged Dictionary (Random House Reference and Information Publishing, New York, 1997), as supplemented, or other available reference source for other words, terms, and phrases. B. Definition of Words, Terms, and Phrases. Abandonment: The relinquishment of property or a cessation of the use of the property with the intention neither of transferring rights to the property to another person(s) nor of resuming the use of the property or the use. Abut and/or Adjoin: To physically touch or border upon or to share a common property line. Acceleration Lane: An added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. Access: A way or means of approach to provide physical entrance to a property. Access Road, Manufactured Home Park: That area privately owned and maintained and set aside within a manufactured home park for an interior road system, providing principal means of ingress to individual manufactured home spaces and egress to a street. Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use. Accessory Use: A subordinate use, clearly incidental and related to the principal structure, building or use of land, and, unless otherwise allowed by this Title, located on the same lot as that of the principal structure, building, or use. Adjacent: Nearby, but not necessarily touching. Adjacent/Adjoining Lot or Land: Nearby, but not necessarily touching. A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. Page 177 of 359 63 Adjacent Property: Property that has a common boundary line with, or that is separated from a parcel proposed for development by public right-of-way. Adult Arcade: A specific type of adult use. An establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". See definition of "Adult Use". Adult Bookstore: A specific type of adult use. A place where books, magazines, motion pictures, videos, prints, photographs, periodicals, recordings, novelties and devices, or any of these things, which have as their primary or dominant theme, matter depicting, illustrating, describing or relating to "specified sexual activities," are sold, rented or offered for sale to adults. See definition of "Adult Use". Adult Cabaret: A specific type of adult use. A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". See definition of "Adult Use". Adult Dancing Establishment: A specific type of adult use. A business that features dancers displaying or exposing "specified anatomical areas". See definition of "Adult Use". Adult Dependent Care: A specific type of home care use. An adult care facility that provides less than twenty-four (24) hours care, in the permanent residence of the provider, for individuals older than eighteen (18) years old up to a maximum of four (4) adults. See definition of "Home Care". Adult Entertainment or Service Facility: A specific type of adult use. An adult bookstore, adult motion picture booth, adult motion picture theater, adult dancing establishment, adult cabaret, or adult arcade. See definition of "Adult Use". Adult Motion Picture Booth: A specific type of adult use. An enclosed area within an adult motion picture theater designed or used for the viewing by one (1) or two (2) persons of motion pictures which have as their primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities. See definition of "Adult Use". Adult Motion Picture Theater: A specific type of adult use. An enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used for presenting on a regular basis, film material which has as its primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers. See definition of "Adult Use". Adult Use: A use category where the principal use of property, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises. Adverse Impact or Effect: Any of the following: (A) A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities. (B) A condition that creates, imposes, or leads to a nuisance on a site proposed for development or on off-site property or facilities. (C) A condition that creates, imposes, aggravates, or leads to a negative aesthetic condition on a site proposed for development or on off-site property or facilities. For example, a proposed building that blocks a scenic view corridor or a commercial building whose height and mass is out of scale and proportion with adjacent residential buildings. Page 178 of 359 64 Agricultural Use: A category of uses that primarily involve raising, producing, or keeping plants or animals, or cultivation and management of other natural resources. Accessory uses may include dwellings for proprietors and employees, barns, storage of grain, animal raising, feed preparation, and wholesale sales of products produced on-site. Alley: A public way less in size than a street, not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments, abutting upon it, and which affords a secondary means of access. Alteration, Structural: An alteration of a building or structure which alteration affects some portion of the building or structure in a vital and substantial manner and changes its characteristic appearance; the term denotes change or substitution in a substantial particular. Amendment: Any addition, deletion, or revision of the text of this Title or any addition, deletion, or revision of the Official Zoning Map adopted after public hearings. Amusement Establishment: A specific type of indoor entertainment/amusement use. An establishment offering sports, theatrical productions, game playing, or similar amusements to the public within a fully enclosed building. This includes theaters, bowling alleys, billiard parlors, and skating rinks. This use does not include neighborhood recreation centers or such amusements that are accessory to churches, schools, or colleges. See definition of "Entertainment/Amusement: Indoor". Ancillary Telecommunications Facilities: All telecommunications facilities as defined herein: except for towers, antennas, or alternative tower structures. Animal Sales and Service: Category of uses that involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas. Animal Shelter (Not For Profit): A use category that includes not-for-profit facilities used to house or contain stray, homeless, abandoned, or unwanted animals. The facilities are owned, operated, or maintained by a public body, an established humane society, animal welfare society, or other organization devoted to the welfare, protection, and humane treatment of animals. Examples include shelters operated by organizations such as the Society for the Prevention of Cruelty to Animals and the Humane Society. Animal Shelter (For Profit): A specific type of animal sales and service use. A facility used to house or contain stray, homeless, abandoned, or unwanted animals that is owned, operated, or maintained by a for- profit enterprise. See definition of "Animal Sales and Service". Annexation: The incorporation of a land area into the City of Englewood with a resulting change in the city boundaries. Annual: A plant that completes its lifecycle in one (1) growing season. Antenna: A specific type of telecommunication facility use. Any transmitting and/or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals, or other communications signals. "Antenna" includes whip antenna, microwave antenna, and sectorized panel antenna. See definition of "Telecommunication Facility". Antique Store: A specific type of retail sales and service (sales) use. Any premises used for the sale or trading of articles of which eighty percent (80%) or more are over fifty (50) years old or have collectible value. An "antique store" does not include the collection, recycling, sale, or storage of "junk" as that term is defined in this Chapter. See definition of "Retail sales and Service (Sales)". Appeal: A request for review by a higher authority of the final decision made by the decision-making body on an application for development. Appeal, Administrative: An appeal where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by an administrative official or agency based on, or made in the application of, the standards or enforcement of this Title in a specific situation, with limited necessity for reference to general goals and policies of this Title or the Comprehensive Plan. Page 179 of 359 65 Applicant: Unless otherwise specified, an owner or other person with a legal property interest, including heirs, successors, and assigns, or an owner's authorized agent, who has filed an application for subdivision or development. Application, Complete: See definition of "Complete Application". Arcade: A continuous area open to a street or plaza, and which is accessible to the public. Any portion of an arcade occupied by building columns, landscaping, statuary, or pools, shall be considered to be a part of an arcade for the purpose of computing required landscaping. The term "arcade" shall not include off-street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto. Area: The term "area" is synonymous with the word "tract," which is a piece of land capable of being described with such precision that its location may be established and boundaries definitely ascertained. Art Gallery: A specific type of retail sales and service (sales) use. An establishment engaged in the sale, loan, or display of art, books, paintings, sculpture, or other works of art. This definition of art gallery does not include libraries, museums, or non-commercial art galleries. See definition of "Retail Sales and Service (Sales)". Assembly Hall or Auditorium, Hall Rental for Meetings or Social Occasions: A specific type of assembly use. A building or a portion of a building in which facilities are provided for civic, educational, political, or social purposes or a facility available for lease by private parties. See definition of "Assembly". Assembly: This use category includes spaces used for the periodic gathering of large numbers of people for meetings, specific events, or shows. Activities may be of a spectator nature. Accessory uses may include offices, meeting areas, food preparation areas, concessions, parking, and maintenance facilities. Assessed Valuation: The value at which property is appraised for tax purposes. Athletic Field: A specific type of parks and open space use. Land, often requiring equipment, owned by a unit of government and designed for outdoor games and sports such as baseball, football, and soccer. See definition of "Parks and Open Space". Auction House: A specific type of retail sales and service (sales) use. Any establishment in which is carried on the business of auctioning articles for sale by public outcry and where such items offered for auction are sold immediately to the highest bidder. See definition of "Retail Sales and Service (Sales)". Authorized Service Vehicle: Such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by State law, and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the state department of highways. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle. Automobile: Any motor vehicle. Automobile Pawnbroker: A specific type of vehicle and equipment use. An establishment regularly engaged in the business of making contracts for automobile purchase or automobile purchase transactions in the course of business. See definition of "Vehicle and Equipment". Automobile Shredding: Includes but is not limited to the shredding, crushing, baling, compacting or similar process that reduces motor vehicles, trailers, or parts thereof to their constituent parts or to a form suitable for further processing. Automobile Wrecking/Salvage Yard: A specific type of waste/salvage use. An area where the business of auto wrecking and dismantling and the storage, sale or dumping of dismantled, obsolete, or wrecked vehicles or their parts prevail. This term shall not include the term "junk yard" or include auto shredding and crushing services. See definition of "Waste/Salvage". Automobile Wrecking and Dismantling: The dismantling or wrecking of motor vehicles, trailers, or parts thereof. Automobile wrecking and dismantling shall include auto parting, salvage, recycling, and similar Page 180 of 359 66 operations. Automobile wrecking and dismantling shall not include automobile shredding, crushing, baling, or compacting. Automotive Sales, Rental: A specific type of vehicle and equipment use. An establishment arranged, designed, or used for the display, sale, leasing, or rental of any new or used motor vehicle in operable condition, and where no repair work is done except minor incidental repair of automobiles and necessary reconditioning of the cars to be displayed and sold on the premises. See definition of "Vehicle and Equipment". Automotive Service and Repair, Including Body or Fender Work: A specific type of vehicle and equipment use. An establishment engaged in the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles. Services include body, fender, muffler, or upholstery work, oil change and lubrication, tires, and painting. See definition of "Vehicle and Equipment". Automotive Service and Repair, Not Including Body or Fender Work: A specific type of vehicle and equipment use. An establishment engaged in the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, not including body or fender work. See definition of "Vehicle and Equipment". Automotive Service Station (Gasoline Facility): A specific type of vehicle and equipment use. Any building, place or location designed to supply motor vehicles with gasoline, oils, greases, automobile sundries, or for the inspection, testing and examination of said motor vehicles, or for the minor repair or replacement of parts thereof, and shall include gasoline pumps and oil pumps. See definition of "Vehicle and Equipment". Awning: A shelter supported entirely from the exterior wall of a building and of a type that can be retracted, folded, or collapsed against the face of the supporting building. Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with only such material for backing. National flags, state or municipal flags, shall not be considered banners. Basement: An area below the first floor, having part, but no more than one-half (½) of its height above grade, and with a floor to ceiling height of not less than seven feet (7'). This term shall not include "garden level". Basement (for floodplain purposes): See 16-4-11 EMC: Floodplain Definitions. Bed and Breakfast: A specific type of visitor accommodation use. A commercial establishment operated in an owner-occupied, one-unit dwelling unit, or portion thereof (including an accessory building), that provides short-term visitor lodging (generally stays of thirty (30) days or less), with or without the service of a morning meal only, and where the operator lives on the premises. No more than six (6) guests may be accommodated at any one time. See definition of "Visitor Accommodation". Beer: An alcoholic beverage made by brewing and fermentation from cereals, usually malted barley, and flavored with hops and the like for a slightly bitter taste. Beer shall not contain greater than six percent (6%) alcohol by volume, otherwise it shall be classified as a "spirituous liquor". Or, as this definition may be modified in C.R.S. 12-47-103. Berm: A mound of earth, or the act of pushing earth into a mound, usually for the purpose of shielding or buffering uses, or to control the direction of water flow. Bicycle Lane: A portion of a street right-of-way designated for the use of bicycle traffic. Bicycle Path: A paved or otherwise surfaced off-street lane designated for bicycle traffic. Bikeway: A pathway, which may be paved and separated from streets and sidewalks, designed to be used by bikers. Block: A tract of land bounded by platted streets, public parks, cemeteries, railroad rights-of-way, shore lines, or corporate boundaries of the city. Block Face: A lot or lots fronting on one (1) side of a block. The "same" block face includes only those lots fronting on the same side of the block as the subject property. The "facing block face" includes those lots located on a different block from the subject property/lot, but located directly across the street from and Page 181 of 359 67 fronting the same street as the subject property/lot and bounded by the same intersecting streets as the subject property's block. Board: The Board of Adjustment and Appeals of the City of Englewood. Boarder: An individual, other than a member of the household occupying the dwelling unit or a part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. Boarding or Rooming House: An owner occupied, one-unit dwelling containing two (2) but not more than four (4) guest rooms where lodging is provided to boarders, with or without meals, for compensation. The lodging shall be long-term residential lodging with stays greater than thirty (30) days per boarder. This use is not a visitor accommodation nor a home occupation as defined herein. "Compensation" may include money, services, or other things of value. Body Piercing: Any method of creating an opening in the human body, including but not limited to the ear, eyebrow, genitals, lip, navel, nose, or tongue, for the purpose of inserting any decorative jewelry or other decoration. Boundary Line: Every separation, natural or artificial, which marks the confines or line of division of two (2) contiguous parcels of land. Brewery: Any establishment, licensed by the appropriate State and Federal authorities, where malt liquors or fermented malt beverages are manufactured, except brew pubs as defined. Or, as this definition may be modified in C.R.S. 12-47-103. Brewpub: A restaurant that includes the brewing of beer as an accessory use. The volume of beer production of such facility shall not exceed two thousand four hundred (2,400) barrels per year. Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the intensity of light emanating from the face of a sign. Buffering: Methods such as extra deep lots, increased setbacks, landscaping, fencing, or berming to separate properties or uses that may have potential adverse impacts upon one another. Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building. Building, Detached: A building having no party wall in common with another building. Building Envelope: The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure (bulk) plane regulations. Building Frontage: The horizontal linear dimension of a building facade, or portion occupied by a use that faces a public street. A corner use shall be permitted to use the secondary facade to determine total "building frontage". Building, Principal: A building in which is conducted the principal use of the lot on which it is situated. Building Site: See definition of "Lot". Bulk: The size of buildings or other structures and their relationships to each other and to open areas and lot lines, and therefore includes: (a) the size of buildings or other structures, and (b) the area of the lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the lot, and (c) the shape of buildings or other structures, and (d) the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures, and (e) all open areas relating to buildings or other structures and their relationship thereto. Page 182 of 359 68 Business/Business Use: The employment of one (1) or more persons for the purpose of earning a livelihood, activities of persons to improve their economic conditions and desires, and generally related to commercial and industrial engagements. Buy-Back, Second-Hand, Thrift, Consignment Store; Large: A retail establishment that deals primarily in second-hand apparel, household goods, furniture, books, or appliances with a floor area of twelve thousand (12,000) square feet or more. Buy-Back, Second-Hand, Thrift, Consignment Store; Small: A retail establishment that deals primarily in second-hand apparel, household goods, furniture, books, or appliances with a floor area of less than twelve thousand (12,000) square feet. Caliper: The inch diameter of the trunk of a tree measured four feet (4') above grade. Canopy: A roof-like structure supported by the building and a minimum of one (1) stanchion. Caretaker's Quarters: A dwelling unit located on the same premises as a principal commercial or industrial establishment, which unit is occupied or intended for occupancy by a caretaker employee or owner of said commercial or industrial establishment. Carnival/Circus: A temporary amusement center, bazaar, or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food services, sales, or small-scale games. Carport: A one-story structure entirely open on one (1) or more sides used for vehicle parking or storage. Car Wash, Auto Detailing: A specific type of vehicle and equipment use. A commercial establishment that washes, cleans, and/or waxes automobiles or other motor vehicles, whether or not in conjunction with other goods or services provided to customers. See definition of "Vehicle and Equipment". Caterer: A specific type of food and beverage service use. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-site pickup or consumption. See definition of "Food and Beverage Service". Cellar: That portion of building below the first floor joists, at least half of whose clear ceiling height is below the main level of the adjacent ground; which portion of a building shall not be used for habitation. Centerline: The centerline of a street or alley that has been fully dedicated to its required width. Where all of the required width of public right-of-way exists in an offset or angular manner or has not been dedicated, the City Engineer shall determine the alignment of the centerline. Change of use: Any use that substantially differs from the previous use of a building or land. Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel. Check Cashing Facility: A specific type of financial institution use. An establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state or Federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business. See definition of "Financial Institution". City: The City of Englewood, Colorado. Clinic: A specific type of medical/scientific service use. A building in which a group of physicians, dentists, or members of allied professions are associated for the purpose of carrying on their profession. The clinic may include a dental and/or medical laboratory and, as an accessory use, may provide for the dispensing of pharmaceutical or medical supplies, including optical supplies. It shall not include in-patient care. See definition of "Medical/Scientific Service". Page 183 of 359 69 Collector Street System: A system of one (1) or more collector street(s) that allows traffic to be distributed to at least two (2) arterial streets. Colocation: The placement of antennas or other telecommunications facilities by two (2) or more telecommunications providers in the same location or on the same tower or alternative tower structure. Commercial Establishment, Use, or Development: An activity involving the sale of goods or services carried out for profit. Includes office, retail, services, wholesale trade, and other similar development. Commercial Incinerator: A specific type of waste/salvage use. An engineered apparatus used to burn waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air, can be controlled. See definition of "Waste/Salvage". Commercial Storage of Operable Vehicles: A specific type of vehicle and equipment use. Any building, structure, or area of land used primarily for the temporary storage of commercial vehicles in working order. See definition of "Vehicle and Equipment". Commercial Vehicle: Any vehicle designed, maintained or used primarily for the transportation of property. Commission: The Planning and Zoning Commission of the City of Englewood, Colorado. Common (Party) Wall: See definition of "Party Wall". Community Garden: A specific type of parks and open space use. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or household. See definition of "Parks and Open Space". Compatibility: The characteristics of different uses or activities or designs that allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access, and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor, building materials, and building architecture. Compatibility does not mean "the same as". Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Complete Application: An application form required by this Title, and all accompanying fees, submittal documents, and exhibits, including all items or exhibits specified by the City Manager or designee during a pre-application conference. An application shall be considered "complete" only upon certification by the City Manager or designee, pursuant to Section 16-2-3.E. EMC. Comprehensive Plan: The City Comprehensive Plan developed by the Commission and adopted by the Council for the physical development of the City, which includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Conditional use: A use permitted in a particular zone district only upon showing that such use in a specified location, will comply with all conditions and standards for the location or operation of such use as specified in this Title and authorized by the Commission. Condominium: A common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Contiguous: See definition of “Adjacent”. A Lot or Land is contiguous when at least one boundary line of one lot/parcel of land touches a boundary line or lines of another lot/parcel of land. Contract for purchase: A contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that that customer, for a fixed price and within a fixed period of time, not to exceed ninety (90) days, has the option to cancel the contract and recover from the pawnbroker the tangible personal property. Page 184 of 359 70 Convenience store: A specific type of retail sales and service (sales) use. A retail establishment offering for sale food and beverage for off-site consumption, household items, newspapers and magazines, and other small convenience items typically found in establishments with long or late hours of operation. A convenience store has a gross floor area no larger than five thousand (5,000) square feet. This definition excludes delicatessens or other specialty food stores, as defined below. Exception: establishments at which twenty percent (20%) or more of the transactions are sales of prepared food for on-site consumption shall be classified as food and beverage service uses rather than convenience stores. See definition of "Retail Sales and Service (Sales)". Council: The City Council of the City of Englewood, Colorado. Crematorium: A specific type of retail sales and service (personal service) use. A service establishment containing properly installed, certified apparatus intended for, or used for, the act of cremation. See definition of "Retail Sales and Service (Personal Service)". Cul-de-sac: A short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround. Decibel: A unit of sound pressure level. Deciduous: Plants that drop their leaves before becoming dormant in winter. Decision-Making Body: The entity or body (typically the Council, Commission, Board, City Manager or designee, or other Administrative Staff) authorized to approve or deny a land development application or permit required under this Title. Density: The number of families, persons, or dwelling units per acre of land. (A) Gross Density: The number of families, persons, or dwelling units per gross acre of land. Gross acreage is the total land area, including public rights-of-way. (B) Net Density: The average number of families, persons, or dwelling units per net acre of land. Net acreage is the total land area less land area devoted to public rights-of-way. Denver Metropolitan Area: The area defined within the Denver Regional Council of Governments (DRCOG), Metropolitan Planning Organization (MPO) Boundary. Dependent Care Center: This use category includes facilities that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than twenty- four (24) hours per day. Accessory uses include offices, recreation areas, and parking. Exceptions: this category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Detached Structure: A structure having no party wall in common with another structure. Detention Facility: A specific type of group living use. Detention facilities include: (A) Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under twenty-four (24) hour supervision by sworn officers, except when on an approved leave; or (B) Group homes, halfway houses, or alternatives to incarceration for individuals previously convicted of sexual assaults, sexual abuse, or other sex-related criminal offenses; or (C) Group homes, halfway houses, or alternatives to incarceration containing any individual who will be subject to the issuance of an arrest or escape warrant if they leave the facility. Provided that the use otherwise complies with this definition, a detention facility may include, by way of illustration, a prison, jail, probation center, juvenile detention home, or halfway house for sex offenders. Detention facilities do not qualify as either small group living facilities, small treatment centers, or large/special group living facilities. See definition of "Group Living". Page 185 of 359 71 Developer: The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. Development: Any man-made change to improved or unimproved real estate, including the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Development Agreement: Contracts between a developer and the City of Englewood in connection with any discretionary development approval, including without limitation rezoning, subdivision, or PUD approval. Development Agreements may include provisions clarifying the phasing of construction, the timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of property rights for periods beyond the three (3) year statutory term, assurances that adequate public facilities (including roads, water, sewer, fire protection and emergency medical services) will be available as they are needed to serve the development, and mitigation of anticipated impacts of the development on the general public. Development (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Development Review Team (DRT): An ad hoc review body that conducts pre-application meetings as needed consisting of representatives from City departments as requested by the applicant or required by the City Manager or designee. The DRT provides responses to the proposed application and comments are forwarded to the applicant for consideration in a final application. Director: Director of the Department of Community Development. Distance of Sign Projection: The distance from the exterior wall surface of the building, or from the furthest point on a mansard roof, to the display face of a wall sign. Distillery: An establishment, licensed by the appropriate State and Federal authorities, where spirituous liquors are manufactured. Or, as this definition may be modified in C.R.S. 12-47-103. Divide or Division: Any act which would have the effect, either legally or practicably, of causing a separation of a single tract or parcel of realty into two (2) or more tracts, parcels, lots, or sites. Dormitory: A facility used as living quarters for more than four (4) students enrolled in classes or activities at a college, university, or boarding school, including without limitation a fraternity or sorority house owned or operated by an entity other than the college, university, or boarding school. Drainage: (A) Surface water runoff. (B) The removal of surface water or ground water from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; the means for preventing or alleviating flooding. Drip line: A vertical line extending from the outermost branches of a tree to the ground. Drive-Through or Drive-In Facility: An establishment that by design, physical facilities, service, or by packaging procedures, permits customers or users to receive services or to obtain goods while remaining in their motor vehicles. Driveway: An improved and maintained way providing vehicular access from the public street to a parking area, garage or carport, or to other uses. Driveway, Hollywood: A driveway that includes within its width portions or strips of unpaved ground that are typically landscaped. (See Figure 16-11(1)). Page 186 of 359 72 Dry cleaner, drop-off site only: A specific type of retail sales and service (personal service) use. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises. See definition of "Retail Sales and Service (Personal Service)". Dwelling: Any building or portion of building that is used as the residence of one (1) or more households, but not including visitor accommodations, clubs, hospitals, tents, or similar uses providing transient or temporary accommodation. Dwelling, Live/Work: A specific type of household living use. A combination of residential occupancy and commercial activity located within a dwelling unit. A "live/work dwelling" use is a principal use and the commercial activity is not a home occupation. Typical work activities in a live/work dwelling may include, by way of example only, professional services, craftwork, art studios, jewelry making, fabrication of cloth goods, and other similar activities. See definition of "Household Living". Dwelling, Multi-Unit: A specific type of household living use. A dwelling containing two (2) or more dwelling units. Dwelling, One-Unit: A dwelling containing no more than one (1) dwelling unit. A specific type of household living use. A one-unit dwelling that is not attached to any other dwelling by any means, and is located on a separate lot from any other dwelling unit. A one-unit dwelling may include a manufactured home in compliance with the standards set forth in Section 16-5-2.A.3 EMC. See definition of "Household Living". Dwelling, One-Unit, On a Small Lot: A specific type of household living use. A one-unit dwelling sited on a "small lot," as that term is defined in Section 16-11-2 EMC — (Definition of Words, Terms, and Phrases), below. See definition of "Household Living". Dwelling Unit: One (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied, or intended for occupancy as separate quarters for the exclusive use of a single household, for household living purposes (i.e., living, cooking, and sanitary purposes), located in a dwelling. Dynamic Displays: A generic term for non-traditional signage encompassing signs with moving parts, LED displays, moving images, and electronic messages. Earth Removal: The removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot upon which a building is to be erected, a roadway to be built, or a platting thereof to be made. Easement: A grant of one (1) or more of the property rights by the property owner to and/or for the use of the public, a corporation or another person or entity. Eaves: The projecting lower edges of a roof overhanging the wall of a building. Education Institution: A specific type of school use. Facilities include elementary or secondary public or private schools, parochial schools irrespective of denomination and having a course of study substantially equivalent to that of a public school, private schools having a course of study substantially equivalent to that of a public school, colleges and universities, professional schools, business or trade schools, and Page 187 of 359 73 special schools for the blind and/or physically disabled. Exception: business or trade schools are classified under commercial uses as a distinct type of school use. See definition of "School". Egress: An exit. Embankment: An elevated man-made or natural deposit of soil, rock, or other materials. Emergency Temporary Shelter: A structure or portion of a structure providing temporary housing for persons in need of shelter due to limited financial resources (including people who are homeless), weather- related emergencies, or other emergencies. Occupancy is permitted on a twenty-four (24) hour basis. Accessory services that also may be provided at the facility include food, counseling, transportation services, and services to support the personal care of the residents of the facility including medical care, dental care, and hygiene. Encroachment: Any obstruction in a delineated floodway, right-of-way, or adjacent land. Enlargement, or to Enlarge: An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement. Entertainment/Amusement, Indoor: A use category that includes any commercial recreation/entertainment facility operated in an indoor setting, including, but not limited to, a bowling alley or pool hall. Exception: adult activities are included in the adult use category. Entertainment/Amusement, Outdoor: A use category that includes large, commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include intensely developed, for-profit recreational uses such as amusement parks, miniature golf courses, batting cages, skateboard or skate courses, bicycle motocross courses, go-cart tracks, water slides, drive-in theaters, and courses for paramilitary games. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities. Environmental Assessment: An evaluation of the environmental condition of property consisting of the following three (3) phases: (A) "Phase I Assessment" shall, at a minimum, consist of physical examinations and review of historical ownership of the property and adjacent property, as stated in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, designation E 1527-00 (as amended), and culminate in a written report of findings, including a recommendation on whether a Phase II assessment is necessary. (B) "Phase II Assessment" shall, at a minimum, consist of a physical examination of the property, and adjacent property if feasible, including an examination of any facilities, processes, and practices thereon; such physical examination shall include any tests and samplings of soil, water, air, vegetation, facilities or any improvements as required by the City as a result of information provided in the Phase I assessment to determine the presence or absence of hazardous substances on the property. A Phase II assessment shall comply with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, designation E 1903-97 (as amended). This phase shall culminate in a written report of findings on any testing and sampling results as well as a recommendation on whether any remediation is necessary, and, if so, a description thereof. The reporting shall be subject to compliance with Federal, State, and local regulations or requirements. (C) "Phase III Assessment" shall, at a minimum, consist of remediation of hazardous substances on the property as recommended by a Phase II assessment, subject to compliance with Federal, State, and local regulations or requirements. Equipment Rental: A specific type of retail sales and service (repair and rental) use. The rental of supplies and equipment primarily intended for homeowner use and minor residential gardening and construction projects, but not including car or truck rentals. All maintenance of equipment shall be Page 188 of 359 74 conducted within an enclosed building. This use classification does not include the rental, storage, or maintenance of large construction or other commercial heavy equipment. See definition of "Retail Sales and Service (Repair And Rental)". Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Evaluation: A process to measure the success of an activity and how closely the results meet the anticipated outcome defined as part of the initial phase of the activity. Evergreen: A plant with foliage that persists and remains green year round. Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Existing Grade or Elevation: The vertical location of the ground surface prior to excavating or filling. Existing Manufactured Home Park: A mobile or manufactured home park existing within the City of Englewood before August 8, 1994, or existing on the date of annexation within territory annexed to the City of Englewood subsequent to the effective date of this Title. Existing Use: The use of a lot or structure at the time of the enactment of this Title. Extension: An increase in the amount of existing floor area used for an existing use within an existing building. To "extend" is to make an extension. Exterior Wall: The most exterior part of a wall; any wall that defines the exterior boundaries of a building or structure. FAA: The Federal Aviation Administration. Fabrication: Stamping, cutting, or otherwise shaping processed materials into useful objects. Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. Factory-Built Home: A dwelling unit that is constructed and assembled at a factory and transported to the building's site and placed on a pre-built foundation. Family Child Care Home: A specific type of home care use. Family child care home shall mean a facility for child care in the permanent residence of the provider for the purpose of providing day care and training for a child or children away from their primary residence for less than twenty-four (24) hours per day. Children being cared for in a family child care home are under the age of twelve (12) years and are not related to the care provider. A day care home shall provide care, protection, and supervision to no more than six (6) children at one time, including the children of the provider, and for no more than three (3) children under two (2) years of age including the children of the provider. See definition of "Home Care". Farmers Market: The seasonal offering for sale of fresh agricultural produce, fruits, flowers, food and beverages, and arts and craft items (but not including second-hand goods) directly to the consumer at an open-air market. FCC: The Federal Communications Commission. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fill: Sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by artificial means. Final Approval or Decision: The last official action of the decision-making body, taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees. Page 189 of 359 75 Financial Institution: A use category that includes establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This use category includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking. Financial institutions may or may not have drive-through service depending on the zoning district in which they are located. Finish Elevation: The proposed elevation of the land surface of a site after completion of all site preparation work. See definition of "Grade, Finished". Fire Lane: That portion of a street right-of-way or a paved or otherwise surfaced off-street lane designated to assure access by emergency vehicles. Fixed Price: As relates to pawnbrokers and secondhand dealer uses, the amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed: (A) One-tenth ( 1/10 ) of the original price for each month, plus the original purchase price, on amounts of fifty dollars ($50.00) or over; or (B) One-fifth ( 1/5 ) of the original purchase price for each month, plus the original purchase price, on amounts under fifty dollars ($50.00). Fixed Time: As relates to pawnbrokers and secondhand dealer uses, that period of time, not to exceed ninety (90) days, as set forth in a contract for purchase, within which the customer may exercise an option to cancel the contract for purchase. Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at one (1) edge to a staff or cord, and used as a symbol of a government or political subdivision thereof. All other such devices shall be considered banners. Floor Area: The sum of the areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding: (A) Garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade; (B) Basement and cellar areas devoted exclusively to uses accessory to the operation of the structure; and (C) Areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities, and storage facilities. Floor Area Ratio: The total floor area on a lot divided by the land area of that lot. Food and Beverage Service: A use category that includes establishments (e.g., restaurants, cafes, coffee shops, bars, taverns, and any food/beverage sales establishments) that sell food for on- or off- premise consumption. Accessory uses may include decks and patios for outdoor seating, drive-through facilities, customer and employee parking areas, and valet parking facilities. Food Vendor Cart: A specific type of temporary outdoor sales use. A cart, table, or apparatus, which is not a structure, designed and intended so as to not be a permanent fixture, and which is used for the retail sale, display, and accessory advertising only of food and/or drink. See the related definition of "Retail Vendor Cart". Frame: A complete, static display message on an electronic message display. Frame Hold Time: The time interval a static frame must remain on the display before transitioning to another frame. Frontage: All of the property fronting on one side of an intersecting or intercepting street, or between a street and right-of-way, end of dead-end street, waterway, or City boundary measured along the street Page 190 of 359 76 line. (An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.) Front Lot Coverage: See definition of "Lot Coverage, Front". Fuel Dispensing: A specific type of vehicle and equipment use. Any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories. See definition of "Vehicle and Equipment". Fuel Storage: A specific type of warehouse/storage use. The storage of fuels in above ground or below ground storage containers designed for wholesale distribution or mass consumption. See definition of "Warehouse/Storage". Garage: An accessory building or portion of a principal building that is intended or used primarily for the storage of motor vehicles, and which is enclosed in such a manner that the stored or parked motor vehicle is contained entirely within the building. Garage, Attached: A structure intended for the storage of motor vehicles with a party wall in common with a habitable space/room, as defined herein, within the principal structure. Said common party wall shall be a minimum of four (4) linear feet in length. When a detached garage is later permitted to be attached to a principal structure, the party wall and principal structure dimensional, setback and bulk plane requirements shall apply. Garage, Detached: Any garage which does not meet the definition of attached garage in this Title. Garage, Front-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors parallel to the access street. Garage, Private: A garage that is not operated for gain and in which no business is conducted. Garage, Public: (A) Any garage, other than a private garage, available to the public and typically operated for gain. (B) A public parking garage may include accessory off-street parking spaces limited to such spaces that are accessory to other uses on the same development parcel. Garage, Side-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors perpendicular to the access street. Garden Level: An area below the first floor, having at least one-half (½) of its height above grade. General Outdoor Recreation: A specific type of outdoor entertainment/amusement use. Privately owned land, often requiring equipment, designed for outdoor games and sports such as baseball, football, and soccer. Also includes mini-golf courses, driving ranges, water parks, and athletic fields. See definition of "Entertainment/Amusement, Outdoor". Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Government and City Facilities: This use category includes facilities for the operation of local, State, or Federal government. Accessory uses include maintenance, storage, and fueling facilities; satellite offices; and parking areas. Examples include post offices; emergency response facilities (police, fire, and medical); maintenance facilities; and post offices. This definition does not include: (A) Passenger terminals for surface transportation (included under transportation facility). (B) Water, wastewater, gas, electric, and other infrastructure services, whether public or private (included under utility facility). (C) Waste and recycling services (classified as waste/salvage). Grade: The degree of rise or descent of a sloping surface. Grade, Building: In cases where all walls of the principal building are more than five feet (5') from the nearest street line, the mean elevation of the ground adjoining the building on all sides; and in all other cases, the mean elevation of the nearest sidewalk. Page 191 of 359 77 Grade, Finished: The final elevation of the ground surface after development. Greenhouse/Nursery, Raising of Plants, Flowers, and Nursery Stock: A specific type of agricultural use. An establishment where flowers, shrubs, vegetables, trees, and other horticultural and floricultural products are grown both in open and enclosed buildings. See definition of "Agricultural Use". Grocery/Specialty Food Store: A specific type of retail sales and service (sales) use. A retail establishment offering for sale primarily food and beverage for off-site consumption, specializing in the sale of one type of food item, and/or maintaining a sizable inventory of fresh fruits, vegetables, fresh-cut meats, or fresh seafood. A grocery/specialty food store may also include sales of personal convenience and small household goods. Grocery/specialty food stores include, but are not limited to, bakeries, delicatessens, seafood sales, and meat or poultry stores (e.g., butcher shops). Exception: establishments at which twenty percent (20%) or more of the transactions are sales of prepared food for on-site consumption shall be classified as food and beverage service uses rather than grocery/specialty food stores. See definition of "Retail Sales And Service (Sales)". Ground Cover: Grasses or other plants grown to keep soil from being blown or washed away. Ground Floor Area: The floor area of the ground floor of a building. Ground-Mounts: The typical ground-mounted satellite has the antenna mounted on a pole that is at least three feet (3') deep in the ground, encased in concrete at least eight inches (8") in diameter. The cable to the receiver is buried in the ground between the antenna and the structure. Group Living: A use category characterized by residential occupancy of a structure by a group of people that does not meet the definition of "Household living," "hotel," or "detention facility". Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a household. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not reside at the site. Group Living Facility, Large/Special: A specific type of group living use. Any residence for more than eight (8) unrelated individuals, and any residence for up to eight (8) unrelated individuals that does not meet the definition of "small treatment facility" or "small group living facility". If any individual resident of a group living facility does not meet the definition of "small treatment facility" or "small group living facility," the entire facility shall be classified as a large/special group living facility (rather than a small group living facility or small treatment facility). Examples of large/special group living facilities include, but are not limited to, any of the following facilities that meet this definition: (A) A secure residential treatment center, as defined in C.R.S. 26-6-102(9) et seq., as amended; or (B) A shelter for homeless persons; or (C) A dormitory; or (D) A fraternity or sorority house. See definition of "Group Living". Group Living Facility, Small: A specific type of group living use. A residence for up to eight (8) unrelated individuals, none of which are receiving on-site medical or psychological treatment, but some or all of whom may be receiving on-site physical assistance with day-to-day living activities. Examples of small group living facilities include any of the following that meet this definition: (A) A non-profit group home for the aged or an owner occupied group home for the aged, as defined in C.R.S. 31-23-303(2)(B) et seq., as amended; or (B) A state-licensed personal care boarding home, as defined in C.R.S. 25-27-101 et seq., as amended; or (C) A state-licensed community residential home for persons with developmental disabilities, as defined in C.R.S. 27-10.5-101 et seq., as amended; or (D) A home providing independent residential support services for the developmentally disabled, as defined in C.R.S. 27-10.5-102(19) et seq., as amended; or Page 192 of 359 78 (E) A state-licensed residential child care facility, as defined in C.R.S. 26-6-102(8) et seq., as amended; or (F) A family care home, as defined in C.R.S. 26-6-102(4) et seq., as amended; or (G) A foster care home, as defined in C.R.S. 26-6-102(4.5) et seq., as amended. See definition of "Group Living". Guest or Visitor Off-Street Parking: An off-street parking space provided for temporary use of guests of, or visitors to, occupants or tenants of the building, whether for social, business, or professional reasons. Guideline: An advisory regulation, where compliance is not mandatory but is strongly encouraged. The City may require justification for an applicant's variance from a guideline, but noncompliance will not subject an applicant or a development to the enforcement and penalty provisions of this Title. Guidelines are indicated by use of the terms "may" or "should". Habitable Space/Room: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Hazardous Waste: Any solid, liquid, or containerized gaseous material that is no longer used or that no longer serves the purpose for which it was produced, and has one (1) or more of the following properties: ignitable (combustible or flammable), corrosive, reactive (explosive), or toxic and requires special handling to avoid illness or injury to persons or damage to property or environment. Hazardous Waste Handling: A specific type of waste/salvage use. Any facility that collects, stores, or processes hazardous waste material as its principal use. See definition of "Waste/Salvage". Height: Building or structure height is the vertical distance of a building or structure, as measured from the average elevation of the finished grade at the corners of the building or structure base, to the highest point of the building or structure. When referring to a tower or other similar structure, height is measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna. When referring to a fence or wall, height is the distance of the vertical surface measured from finished grade to the top of the vertical surface. Highway: See definition of "Street". Historic Building: A building or structure designated by Council, that is worthy of rehabilitation, restoration, and preservation because of its cultural, architectural and/or historical significance to the City. Historic District: A geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. Historic Preservation. The protection, rehabilitation, and restoration of districts, sites, buildings, structures, and artifacts significant in Englewood or Colorado history, architecture, or culture. Historic Structure (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Home Care: An accessory use characterized by facilities for child or adult care in the permanent residence of the provider for the purpose of providing day care and training for a child or children away from their primary residence for less than twenty-four (24) hours per day. Home care uses are distinct from and are not classified as "home occupations" under this Title. Home Occupation: Any use conducted entirely within a dwelling and carried on by the occupants thereof, which is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes and does not change the character thereof. Such uses must meet all conditions and requirements for the particular zone in which such use is located. Hookah Lounge, Bar or Cafe: A commercial establishment that meets provisions of the Colorado Clean Indoor Air Act, as amended, where patrons gather to smoke using a hookah (a single or multi-stemmed pipe with long flexible tube(s) connected to a container where the smoke is cooled by passing through water). Page 193 of 359 79 Hospital: A specific type of medical/scientific service use. An institution, whether public or private, principally engaged in providing health diagnosis, services, and treatment of human disease, pain, injury, deformity, or physical condition. A "hospital" includes as an integral part of the institution such related facilities as in-patient and outpatient care, laboratories, training facilities, central service facilities, and staff offices. See definition of "Medical/Scientific Service". Hotel: A specific type of visitor accommodation use. A building containing guest rooms in which lodging is provided with or without meals for compensation, which is open primarily to transient guests, but may include a limited number of permanent guests, and where no provision is made for cooking in any guest room. See definition of "Visitor Accommodation". Hotel, Extended Stay: A specific type of visitor accommodation use. A building containing guest rooms in which lodging is provided, in which access to guest rooms is primarily through lobbies, courts or halls, with or without meals for compensation, which is open primarily to transient guests, but may include a limited number of permanent guests, and where provisions may be made for cooking in guest rooms. See definition of "Visitor Accommodation". Household: A household includes one (1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or two (2) unrelated persons and their children living together in a dwelling unit. Household Living: A use category characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupant's vehicles. Illegal Use: Any use, whether of a building or other structure, or of a tract of land, in which a violation of any provision of this Title has been committed or shall exist. Impermeable: Not permitting the passage of water. Impervious Material: A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. Impervious materials include, but are not limited to, surfaces such as compacted sand, limerock, or clay; asphalt, concrete, driveways, retaining walls, stairwells, stairways, walkways, decks and patios at grade level, and other similar structures. Industrial Park: A large tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to coordinated circulation, parking, utility needs, aesthetics, and compatibility. Industrial Property: Any lot of land containing an industrial use or building of such uses as may be defined in this Title. Industrial Service: A use category that includes establishments engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage. Industrial Service, Light: A specific type of industrial service use that typically generates few or less adverse impacts (such as noise, glare, odor, or vibrations) on the surrounding environment than heavy industrial service uses. Examples include, but are not limited to: research and development, bottling or cold storage, printing, publishing, freight terminal, contractor shop, and towing. Industrial Service, Heavy: A specific type of industrial service use that typically generates relatively more or higher adverse impacts (e.g., noise, glare, odor, or vibrations) on the surrounding environment than light industrial service uses. Examples include, but are not limited to: metal or welding shop, commercial laundry, sheet metal shop; welding shop; well driller or sanitary service; fuel storage facilities, including manufacturing and processing plants; laundry, dry-cleaning and carpet cleaning plants; heavy machinery and equipment repair facilities, including blacksmith shops and engine and motor repair shops. Page 194 of 359 80 Infant/Toddler Home: A specific type of home care use. A child care facility that provides less than twenty-four (24) hours care only for children who are between birth and three (3) years old, located in the permanent residence of the provider. The caregiver may have no more than one (1) child or foster child between three (3) and six (6) years of age. If there is one (1) caregiver, there may be a maximum of four (4) children, with no more than two (2) children under twelve (12) months, including the caregiver's own children. If there are two (2) caregivers caring for the children at all times when children are present, there may be a maximum of six (6) children between birth and three (3) years old, and no more than three (3) of those children can be between birth and one (1) year old, including the caregiver's own children. See definition of "Home Care". Ingress: Access or entry. Instructional Service: A specific type of retail sales and service (personal service) use. A specialized instructional establishment that provides on-site training of business, artistic, or commercial skills. Examples include driving schools, dance, music, and computer instructional services. See definition of "Retail Sales And Service (Personal Service)". Internet Sales Location: A specific type of retail sales and service use. A retail establishment acting as a sales broker that accepts new or used goods for sale on an internet auction site. The establishment may be open to the general public for viewing and sale of items. Storage is limited to those items accepted for sale. Junk: Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled. Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking, and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. Kennel/Animal Day Care: A specific type of animal sales and service use. A facility licensed to house dogs, cats, or other household pets for less than or greater than twenty-four (24) hours, and/or where grooming, breeding, boarding, or training or selling of animals is conducted as business. See definition of "Animal Sales And Service". Kiosk: A freestanding structure upon which temporary information and/or posters, notices and announcements are posted. Kitchen: An area within a dwelling unit equipped with such electrical or gas hook-up that would also enable the installation of a range, oven or like appliance, including microwaves, for the preparation of food and also containing either or both a refrigerator and sink. Laboratory (Dental, Medical, or Optical): A specific type of medical/scientific service use. A laboratory that provides bacteriological, biological, medical, x-ray, pathological, and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures and optical lenses. See definition of "Medical/Scientific Service". Land Use: A description of how land is occupied or utilized. Landscaping: To improve the appearance of an area of land, a lot, or parcel of land by the decorative arrangement of grass, shrubs, and trees (and/or altering land contours). Landscaping may include, but shall not be limited to: turf, grasses, flower beds, shrubs, trees, rock, bark, wood chips, ornamental objects such as fountains, statuary and ornamental objects and pedestrian walkways designed to produce an aesthetically pleasing effect. Page 195 of 359 81 Large Child Care Home: A specific type of home care use. A child care facility, located in the permanent residence of the provider, that provides care for seven (7) to twelve (12) children who are not related to the caregiver. Child care may be provided to children from twenty-four (24) months to sixteen (16) years of age. Care may be provided to no more than two (2) children under two (2) years of age if older siblings are in care. Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. See definition of "Home Care". Large Retail Building: A single building housing one (1) or more retail sales or service or food and beverage uses, which contains twenty thousand (20,000) square feet or more of gross floor area. Such "large retail building" may be part of a unified commercial center that includes smaller uses in close proximity to the large retail building, or may comprise the entire development activity on a site. Levee: A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee System: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Library: A specific type of public/institutional use. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. Liquor Store: A specific type of retail sales and service (sales) use. A state-licensed, retail establishment selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for consumption off-site. Exception: this definition of liquor store does not include restaurants, taverns, or bars. See definition of "Retail Sales and Service (Sales)". Living Plant Materials or Plant: (A) A young tree, shrub, or herb; (B) A slip, cutting, or sapling; or (C) Any of a group of living organisms that typically do not exhibit voluntary motion or possess sensory or nervous organs. Loading Space: An off-street space or berth on the same site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access. Local Law Enforcement Agency: Any marshal's office, police agency, or sheriff's office within jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction related to a pawnbroker or secondhand dealer land use. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines. Lot, Building: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Title, having not less than the minimum area and width required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land. Lot, Corner: A lot at the junction of and abutting upon two (2) or more intersecting streets, having an interior angle of intersection of not more than one hundred thirty-five degrees (135°). Lot Coverage: The percentage of total lot area which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted Page 196 of 359 82 by Section 16-6-1 EMC, above, the term "structure" includes private walkways, driveways, and other paved surface areas used or intended for parking vehicles (e.g., parking pads). Lot Coverage, Front: The portion of the front setback or front yard area, whichever is larger, of a residential lot covered by (a) an impervious material, and/or (b) any structure or portion thereof permitted to encroach into the front setback area. Front lot coverage is expressed as a percentage. Lot Depth: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines. Lot, Interior: A lot other than a corner lot. Lot Line, Front: The line separating the lot from the street. Lot Line, Rear: The line which most nearly qualifies as the line most distant and opposite from the front lot line; where the line is irregularly shaped, a line perpendicular to the mean direction of the side lot lines, and at least ten feet (10') in length within the lot. Lot Line, Side: Any lot line other than a front lot line or a rear lot line. Lot Lines: The lines bounding a lot. Lot, Minimum Area of: The smallest lot area established by this Title on which a use or structure may be located in a particular zone district. Lot of Record: A lot that is part of an approved plat, the map of which has been recorded in the office of the Arapahoe County Clerk and Recorder. Lot, Reverse Frontage: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. Lot, Reverse Corner: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. Lot, Small: A legal lot of record existing on the effective date of this Title where the lot width or lot area is less than the minimum standard for a one-unit dwelling in the zone district in which the lot is located. Lot, Through: A lot, other than a corner lot, having frontage on more than one (1) street. Lot, Urban: A legal lot of record existing on the effective date of this Title (February 23, 2004) where the lot width or lot area is less than the minimum standard for a one-unit dwelling on a small lot in the zone district in which the lot is located. Lot Width: The distance between the side lot lines, measured along the setback line as established by this Title, or if no setback line is established, the distance between the side lot lines measured along the street line. Major Architectural Detail: Distinguishable design features of the facade of the building such as windows, doors, balconies, columns, or patterns or designs formed at the time of construction by the building material. Major Street: The street controlled by a stop or yield sign. Manager or City Manager: The Englewood City Manager or designee. Mansard Roof: An architectural feature that is a steep roof structure that is a portion of a roof structure or is attached to the face of the wall of a building. Manufactured Home: Any one-unit dwelling that: (1) Is a factory-built home; and (2) is at least twenty- four feet (24') in width and thirty-six feet (36') in length; and (3) is installed on an engineered permanent foundation; and (4) has a pitched roof; and (5) is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended (commonly referred to as the "HUD Code"); and (6) meets or exceeds, on an equivalent performance engineering basis, as defined by C.R.S. 31-23-301(5)(a)II et seq., as amended standards established by the Uniform Building Code, as amended and adopted by the City. Page 197 of 359 83 Manufactured Home (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Manufactured Home, Double-Wide or Triple-Wide: A manufactured home consisting respectively of two (2) or three (3) sections combined horizontally at the site to form a single dwelling, while still retaining the individual chassis for possible future movement. Manufactured Home, Expandable: A manufactured home with one (1) or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area. Manufactured Home Park: A specific type of household living use. A tract of land, either in single ownership or divided into blocks and/or lots which may be in separate ownership, which has been developed with all necessary facilities and services in accordance with a site development plan, meeting all of the requirements of this Title and which is intended for the express purpose of providing a satisfying living environment for manufactured home residents on a long-term occupancy basis. See definition of "Household Living". Manufactured Home Park or Subdivision, Existing: (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Manufactured Home Space: A plot of ground within a manufactured home park, designed for the accommodation of one (1) manufactured home. Manufactured Home Stand: That part of an individual manufactured home space that has been planned and improved for the placement of the manufactured home and additions or attachments thereto. Manufacturing (Including Processing, Fabrication, or Assembly): A use category that includes industrial establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods, except as specifically prohibited by this Title. Natural, man-made, raw, secondary, or partially completed materials may be used in the manufacturing process. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Such uses may also include industries furnishing labor in the case of the refinishing of manufactured articles. Custom industry is included (e.g., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, they are a subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory activities may include limited retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Manufacturing, Heavy: A specific type of manufacturing use that may involve the generation outside the property of noise, odor, vibration, dust, or hazard. Examples include, but are not limited to: refining or initial processing of raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and ponding. See definition of "Manufacturing". Manufacturing, Light: A specific type of manufacturing use that does not involve the generation outside the property of noise, odor, vibration, dust, or hazard. Examples include, but are not limited to: assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item. See definition of "Manufacturing". Marquee: A permanent roof-like structure attached to and supported by the building on which it is located. Massage: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice. Page 198 of 359 84 Massage Therapy Facility: A specific type of retail sales and service (personal service) use. An establishment operated for the purpose of massage therapy performed solely by massage therapists who are licensed in accordance with Colorado statutes. A "massage therapy facility" shall not include: (A) Physicians, surgeons, doctors, medical clinics or persons licensed by the laws of the State to practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction; (B) Hospitals and all persons employed by institutions and establishments licensed by the State as hospitals while performing their usual duties within the hospital or institution so licensed; (C) Registered or licensed nurses performing services in their usual nursing duties; (D) Beauticians and barbers duly licensed under the laws of the State, insofar as their usual and ordinary vocation and profession, as defined by the laws of the State, are concerned; (E) Massage practiced or instructed in the athletic department of any State accredited school, college, university or seminary; (F) Trainers of any amateur, semi-professional or professional athlete or athletic team, when treating athletes; (G) Any bona fide athletic club that is not engaged in the practice of rendering massages to members of the general public for remuneration. For the purposes of this Title, if an athletic club does not receive more than ten percent (10%) of its gross income from the practice of rendering massages to its members, such shall be prima facie evidence that the club is a bona fide athletic club. Master Street Plan: Part of the City Comprehensive Plan showing location and classification of principal traffic ways. Maximum Extent Feasible: No feasible and prudent alternative exists, and that all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible". Maximum Extent Practicable: Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance. Mean: The average of a number of figures computed by adding all of the figures and dividing by the number of figures. Medical Marijuana: All parts of the plant (genus) cannabis used in the treatment of debilitating medical conditions as defined in the Colorado Constitution Article XVIII, Section 14. Medical Marijuana Center: Means a person licensed pursuant to Article 11-104 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Products Manufacturer: Means a person licensed pursuant to Article 11 of title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: Means a person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Medical/Scientific Service: A use category that includes uses that provide medical or surgical care to patients. Hospitals offer overnight care, while other medical facilities provide outpatient care only. Page 199 of 359 85 Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, and housing for staff or trainees. Medical or Psychological Treatment: Includes any individualized services rendered by a medical or psychological professional or para-professional directly to a resident or group of residents on a regular or repeated basis to address a specific medical or psychological condition diagnosed by a medical or psychological professional, but excluding (1) physical therapy, (2) occasional medical or nursing care to address non-chronic and non-recurring conditions such as colds, flu, or household injuries, and (3) assistance with routine living activities not aimed at recovery from a specific diagnosed condition. Membership Organization (Excluding Adult Use): A specific type of assembly use. An organization and its premises catering exclusively to members and guests for social, intellectual, recreational, or athletic purposes that are conducted for profit, but not including an adult use. See definition of "Assembly". Metal Shredding: The process involving the destruction, disintegration, or transformation into raw materials of previously manufactured metal products or metal items that have become worn out, unwanted, inoperable, and useless scrap goods. Micro-cell: Means a low power telecommunications facility used to provide increased capacity in high telecommunication demand areas, often to improve coverage in areas of weak coverage. Microcells communicate with the primary facility in a coverage area via fiber optic cable, microwave, or land line. Microwave Antenna: A dish-like antenna used to link communication sites together by wireless transmission of voice or data. Mini-Storage Facility: A specific type of warehouse/storage use. Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. This use may include quarters for one (1) or more persons employed by and residing at the mini- storage facility for the purpose of on-site management and security. See definition of "Warehouse/Storage". Minor Street: The street not controlled by a stop or yield sign. Minor Subdivision: Subject to the provisions of Chapter 16-8 EMC, "Subdivision Design, Improvements, and Dedication Standards", a "Minor Subdivision" includes all of the following actions, provided no such actions require the dedication of land for streets or public areas: (A) Unplatted land is to be platted, divided, or combined with any other land whether platted or unplatted. (B) A single platted lot is to be divided into two (2) or more lots. (C) A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines. (D) Adjustment of boundary line(s) between previously platted parcels inconsistent with historical platted lines (E) The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. See definition of "Subdivision". Mixed-Use Development: The development of a tract of land or building or structure with two (2) or more different principal uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. In a mixed-use development, the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of vehicular and pedestrian access and parking areas. Mobile Home: A factory-built home produced prior to June 15, 1976. Model Home: A dwelling or dwelling unit representative of other dwellings or units offered for sale or lease or to be built in an area of residential development within the City. A model home may be used as a residential real estate sales office for the development in which it is located before occupancy by a household. Page 200 of 359 86 Monopole: A structure composed of a single spire used to support telecommunications equipment. Mortuary: A specific type of retail sales and service (personal service) use. A building used for the preparation of the deceased for burial and the display of the deceased, and ceremonies connected therewith before burial or cremation. See definition of "Retail Sales and Service (Personal Service)". Motor Vehicle: Any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in The Model Traffic Code for Colorado Municipalities as adopted. For purposes of the offenses described in C.R.S. as adopted for farm tractors operated on streets and highways, "motor vehicle" includes a farm tractor that is not otherwise classified as a motor vehicle. Moving and Storage: A specific type of warehouse/storage use. A use engaged in the directed movement of goods and materials from one location to another location, as well as the short-term storage of such goods, in transit, for either commercial purposes or the general public. See definition of "Warehouse/Storage". Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture. Multi-Phase or Phased Development: A development project that is constructed in stages, each stage being capable of existing independently of the others. Museum/Cultural Facility: A specific type of public/institutional use comprised of either: (A) A building having public significance by reason of its architecture or former use or occupancy; or (B) A building serving as a repository for a collection of nature, scientific, or literary curiosities, or objects of interest, or works of art, not including the regular sale or distribution of the objects collected. All museums/cultural facilities shall be operated as nonprofit, noncommercial establishments. Museums/cultural facilities are designed to be used by members of the public for viewing, with or without an admissions charge. Permitted accessory uses include retail sale of goods and products related to the facility's collection or subject matter (i.e., museum gift shop), and small scale sit-down restaurants or cafes. Natural Production Uses: The excavation of sand, clay, gravel or other natural mineral deposits, or the quarrying of any kind of rock formation, except topsoil. New Construction: Structures for which the "start of construction" commenced on or after the effective date of this Title. New Construction (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Noise: Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings. Nonconforming Building or Structure: Unless otherwise exempt by Chapter 16-9 EMC, a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Title, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such structure or building is located. Nonconforming Lot: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements. Nonconforming Use: A use or activity which was lawful prior to the adoption, revision, or amendment to this Title, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such use is located. Nonconformity: Generally, a nonconforming use, sign, lot, structure, or building. Page 201 of 359 87 Noxious Matter: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals. Obstruction: Any dam, wall, embankment, levee, dike, pile, abutment, soil material, bridge, conduit, culvert, building, wire, fence, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse, or flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching debris carried by such water, or that is placed where the flow of water might carry the same downstream. Occupancy: The purpose for which a building is used or intended to be used. "Change of occupancy" is not intended to include change of tenants or proprietors unless the new use of the building would classify it in a different occupancy group. Occupancy Permit: A required permit allowing occupancy of a building or structure after it has been determined that all of the requirements of applicable ordinances have been met. Odorous Matter: Any material that produces an offensive or objectionable olfactory response in a human being. Office: A use category characterized by buildings or portions of a building wherein services are performed involving administrative, professional, or clerical operations. Exception: contractors and others who perform services off-site are included in the Type 1 (general) office use category only if major equipment and materials are not stored at the site and fabrication or similar work is not carried out on the site. If major equipment and materials are stored at the site, or fabrication or similar work is carried out on the site, then these uses are categorized under industrial warehouse/storage as a "storage yard". Office, Type 1: A specific type of office use. Establishments providing executive, management, administrative, or professional services, but not involving the sale of merchandise, except as incidental to a permitted use. This use type does not include facilities for the provision of medical or dental services nor outpatient medical laboratories (see "Medical/scientific service"). Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, doctor, dentist, architecture, design, engineering, accounting, and similar offices. See definition of "Office". Office, Type 2 (Limited): A specific type of office use. General office types described in definition of "Office, Type 1," that the City finds are compatible within a zone district where the predominant use may be medium to high density residential, or when the office type is proposed to be part of a mixed-use development. Type 2 offices may be mixed with residential uses in the same building (vertical mixed use) or on the same development parcel (horizontal mixed use). Compatibility shall be evaluated in terms of the proposed office's scale (floor area), hours of operations, parking and loading demand, and typical levels and peaks of customer/client traffic. Limited office types will typically include most professional offices that are open and operating primarily during daytime hours. Type 2 (limited) office does not include clinics that provide medical or dental services, which are classified separately under "medical/scientific services". See definition of "Office". Official Map: A legally adopted map that shows the location and width of proposed streets, public facilities, and public areas, and drainage rights-of-way. Official Zoning Map: A map of the City that depicts the various zone districts in the City, adopted by the Council, and incorporated by reference as a part of this Title. Off-Street Parking Space: A storage area for a motor vehicle that is directly accessible to an access aisle, street, or alley, and which is not located on a dedicated street right-of-way. On-Street Parking Space: A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way. 100-Year Flood: A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every one hundred (100) years; the term also means that level of flooding having a one percent (1%) probability of occurrence in any year. Open: As relates to fences, walls, and visual barriers, a vertical surface with fifty percent (50%) or more open space. Page 202 of 359 88 Open Space, Common: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. Common open space shall not include driveways, sidewalks, and parking areas. Open Space Depth: As applicable to manufactured home parks, the minimum open space distance on the lot (except as otherwise specifically provided) perpendicular to the wall of the dwelling unit at any point, or to any addition to the dwelling unit which is enclosed for more than fifty percent (50%) of its perimeter or for more than ten percent (10%) of the portion of its perimeter opposite any Class A, B, or C exposure of the dwelling unit. Open Space, Unobstructed: Land not covered by buildings or structures. Open Space, Usable: On-site land area, contained within lot lines or within common open space, which is absent of any building or structure. Usable open space could contain, but is not limited to the following: private yards, walkways, trellises, swings, arbors, swimming pools, tennis courts, and landscaping. Surface parking areas or driveways are not usable open space. Option: The fixed time and the fixed price agreed upon by the customer and a pawnbroker in which a contract for purchase may be, but does not have to be, rescinded by the customer. Organic: Referring to or derived from living organisms. Outdoor Commercial Advertising Device: A visible contrivance or structure in any shape or form, the purpose of which is to advertise any product or service, campaign, event, etc. Outdoor Display Area: An outdoor, unroofed area where merchandise or vehicles are displayed for more than twenty-four (24) hours. Outdoor Storage: A specific type of warehouse/storage use. The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. See definition of "Warehouse/Storage". Overhang: (A) The part of a roof or wall that extends beyond the facade of a lower wall. (B) The portion of a vehicle extending beyond the wheel stops or curb. Overlay Zones: A set of zoning requirements that is described in this Title, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. Owner: An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. Parapet wall: That part of any wall that extends entirely above the roof line. Park: A specific type of parks and open space use. A noncommercial, nonprofit facility or land owned by the City, the State of Colorado, or another unit of government that is used or intended to be used for recreation, education, or cultural use, including both active or passive recreation. This use type includes public golf courses. See definition of "Parks and Open Space". Parking Area: A portion of a lot, tract, or parcel that is used, or is intended to be used, for the off-street parking of motor vehicles. A driveway may or may not serve as a parking area, subject to compliance with this Title's standards. A parking area (e.g., a surface parking lot) may be a principal use of land, or may be accessory to a principal use of land. Parking Area, Surface (Operable Vehicles): A specific type of vehicle and equipment use. An area, other than a street or alley, designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment". Page 203 of 359 89 Parking Facility, Structure (Operable Vehicles): A specific type of vehicle and equipment use. A structure designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment". Parking Garage: See definition of "Garage". Parking (To Park): The standing of a vehicle, whether occupied or not, otherwise than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers. Parking Pad: Areas surfaced with impervious material that are located between the front building wall of a dwelling and the adjoining street, and which are typically used to park operable vehicles off the street. A "parking pad" does not include a driveway. Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile. Parking Strip: City-owned property that lies between the front lot line and the traveled surface of the street, usually designated by the curb. Park Permit: A written instrument issued by the City Manager or designee authorizing the construction or extension of a manufactured home park under this Title and the regulations that may be promulgated hereunder. Parks and Open Space: A category of uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Examples include parks, river accesses, public squares, plazas, recreational trails, botanical gardens, and nature preserves. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. This definition does not include private golf courses, which are classified as entertainment/amusement, outdoor. Particulates: Finely divided solid or liquid particles in the air or in an emission, including dust, smoke, fumes, mist, spray and fog. Party (Common) Wall: A common or shared structural separation between abutting dwelling, business, or industrial units or buildings, which may be centered on one (1) building lot or between abutting dwelling, business or industrial units or buildings on either side of a lot line, the main purpose of which is to act as a support for the building and as a positive fire separation between the contiguous dwelling units or buildings. Path: A cleared way for pedestrians and/or bicycles that may or may not be paved. Patio, Manufactured Home: A paved area adjacent to the manufactured home parking space, and accessible from the main entrance to the parked manufactured home. Pawnbroker: A specific type of retail sales and service (sales) use. An establishment regularly engaged in the business of making contracts for purchase or purchase transactions in the course of business. See definition of "Retail Sales and Service (Sales)". Perennial: A plant that regrows from the same root stock year after year. Performance Standard: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards and glare or heat generated by or inherent in uses of land or buildings. Permanent Addition, manufactured home: Any structural extension from any portion of a manufactured home, not including temporary canvas awnings. Permitted Use: Any use allowed in a zone district and subject to the restrictions applicable to that zone district. Person: An individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or other group or combination acting as a unit. Personal Care: A specific type of retail sales and service (personal service) use. Personal service establishment engaged primarily in the provision of personal improvement, personal care, and similar Page 204 of 359 90 services, such as beauty/barber shops and nail salons. See definition of "Retail Sales and Service (Personal Service)". Pervious Surface: Any material that permits full or partial absorption of storm water into previously unimproved land. Pet Store (Live Animal Sale): A specific type of animal sales and service use. An establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals, such as horses, goats, and poultry. See definition of "Animal Sales and Service". Physical Fitness Center/Spa: A specific type of indoor entertainment/amusement use. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary recreational activities, open to bona fide members and guests of the organization or open to the public for a fee. See definition of "Entertainment/Amusement: Indoor". Planned Unit Development: An area of a minimum contiguous size, as specified by ordinance, developed according to a plan as a single entity and containing one (1) or more structures with appurtenant common areas. Plaza: An open space that may be improved and landscaped; usually surrounded by streets or buildings. Police Department: The Police Department for the City of Englewood. Pollutant: Any introduced gas, liquid, and/or solid that makes a resource unfit for a specific purpose. Pollution: The presence of matter or energy whose nature, location, or quantity produces undesired environmental effects. Porch: A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building. Pre-Existing Towers and Antennas: Any tower, antenna, or telecommunications facility for which a permit has been properly issued by the City prior to the effective date of Chapter 16-7 EMC, (Telecommunications). Premises: A lot, parcel, or plot of land, together with the buildings and structures thereon. Principal Use: The main or primary purpose for which land and the structures thereon is used or for which land and the structures thereon may be maintained or occupied under the provisions of this Title. Principal Structure or Building: The main or primary structure or building in which the principal use of a property is conducted or operated. Processing: A course or method of operation, effecting a change in form, contour, chemical composition, physical appearance or otherwise by artificial or natural means. Prohibited Use: A use that is not permitted in a zone district. Public Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, State, County, or Municipality, without reference to the ownership of the building or of the realty upon which it is situated. Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate. Public Notice: The advertisement of a public hearing in a newspaper designated by City Council as the City's official newspaper, or on the City's official website or the posting of the property, or the mailing of written notice, indicating the time, place and nature of a public hearing. Public Sidewalk Sale: Community event or celebration allowing the use of public sidewalks by Englewood merchants in front of their business as authorized by the City Manager or designee. Page 205 of 359 91 Purchase Transaction: The purchase by a pawnbroker in the course of business or tangible personal property for resale, other than newly manufactured tangible personal property that has not previously been sold at retail, when such purchase does not constitute a contract for purchase. Quarry: A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use. Railroad Right-of-Way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. Rear Yard: An open space, including driveways and parking areas, unoccupied other than by permitted accessory buildings or uses, extending from the rear building line of a principal building to the rear lot line, between the side building lines, projected to the rear lot line. Recreational Vehicle: A vehicular-type, portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Recreational Vehicle (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Recyclable Material: Reusable materials including, but not limited to, metals, glass, plastic, wood, and paper that are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse, or hazardous waste. Recycling Operation: A specific type of waste/salvage operation. A facility that is not a wrecking, junk, or salvage yard, and in which recyclable material are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production or consumption. Recycling operations include, but are not limited to, the processing of batteries, construction waste, food waste, glass, metals and/or alloys, papers, plastics and tires. This use does not include auto shredding. Buyback centers that do not process recycled materials and only store them within an enclosed structure, transportable container or trailer, or similar self-contained apparatus, are also included in this use type. See definition of "Waste/Salvage". Redevelopment: Development of a site where fifty percent (50%) or more of the existing structure(s) is retained and incorporated into the new structure. Religious Assembly: A use category comprised of structures or places in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Accessory uses include school facilities, parking, caretaker's housing, pastor's housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques. Remediate or Remediation: Action or measures taken, or to be taken, by the City or the property owner, whether directly by the owner or by the City, or through a contractor or agent of the owner or of the City, which purpose is to lessen, clean-up, remove, ameliorate, dispose of, vitiate, or mitigate any hazardous substances existing on the property to such standards, specifications, or requirements as may be established or required by the Environmental Protection Agency, the Colorado Department of Health, any authorized local agency, or the City. Repair Shop (Not Including Auto): A specific type of retail sales and service (repair and rental) use. Establishments primarily engaged in the provision of repair services to individuals and households, rather than to businesses. Examples of such use include household appliance repair or office machine repair. This use type excludes maintenance and repair of automobiles and other vehicles, and excludes maintenance and repair of industrial equipment and machinery. See definition of "Retail Sales and Service (Repair and Rental)". Residence: A home, abode, or place where an individual is actually living at a specific point in time. Residential Development: New residential development, redevelopment of an existing dwelling, or substantial expansions or alterations to an existing dwelling. Page 206 of 359 92 Restaurant, Bar, Tavern (With or Without Outdoor Operations): A specific type of food and beverage service use. A retail establishment where the principal business is the sale of food and beverages in a ready-to-consume state. This use type includes lunch counters and refreshment stands selling prepared food and drinks for immediate consumption. Operations may include outdoor seating areas or outdoor food service, subject to all applicable use and development standards set forth in this Title. See definition of "Food and Beverage Service". Restaurant, With Drive-Through Service: A specific type of food and beverage service use. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. See definition of "Food and Beverage Service". Restoration: The replication or reconstruction of a building's original architectural features. Retail: Any sale other than a sale at wholesale. Retail marijuana, marijuana ,or marihuana: Means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment. Retail marijuana cultivation facility: Means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Retail marijuana establishment: Means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana testing facility, or a retail marijuana product manufacturing facility. Retail marijuana establishment operator: Means an entity or person that is not an owner and that is licensed to provide professional operational services to a retail marijuana establishment for direct remuneration from the retail marijuana establishment. Retail marijuana products: Means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, tinctures, and that are produced at a retail marijuana products manufacturer. Retail marijuana products manufacturer: Means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Retail marijuana store: Means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. Retail marijuana testing facility: Means an entity licensed to analyze and certify the safety and potency of retail marijuana. Retail Sales And Service (Personal Service): A use category including retail establishments engaged in the provision of informational, instructional, personal improvement, personal care, and similar services, such as portrait shops, photography studios, art and music schools, licensed massage therapists, driving schools, riding academies, health and fitness studios, handicraft or hobby instruction, laundry and dry- cleaning retail outlets, portrait/photographic studios, beauty and barber shops, shoe repair, and Page 207 of 359 93 tailor/alterations shops. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, and parking. Retail Sales and Service (Repair and Rental): A use category including establishments involved in the repair, lease, or rent of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Retail Sales and Service (Sales): A use category including establishments involved in the sale of new or used products to the general public. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Retail Sales, General Merchandise: A specific type of retail sales and service (sales) use. Establishments that sell, lease, or rent consumer, home, and business goods, but excluding merchandise/retail uses classified or defined more specifically in this Chapter (e.g., food/beverage sales, convenience stores, restaurants). Typical uses include department stores, furniture stores, clothing stores, and establishments providing the following products or services: art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, hardware, home improvements, household products, jewelry, pet food, pharmaceuticals, printed material, sporting goods, stationary, and videos. See definition of "Retail Sales and Service (Sales)". Retail Vendor Cart: A specific type of outdoor sales temporary use. A cart, table, or apparatus, which is not a structure, designed and intended so as to not be a permanent fixture, and which is used for the retail sale, display, and accessory advertising of merchandise, but not including the sale of food or drink. See the related definition of "Food Vendor Cart". Retaining Wall: A structure constructed to hold back or support an earthen bank. Reuse: A use for an existing building or parcel of land other than for which it was originally intended. Reverberation: The persistence of sound in an enclosed or confined space after the sound source has stopped. Reverse Frontage: See definition of "Lot, reverse frontage". Right-of-Way: The right of one person, or several persons, or of the community at large to pass over the land of another. Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Engineering Services. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall have a minimum thickness of three inches (3") and a minimum volume of one (1) cubic foot and at least fifty percent (50%) by weight shall have a volume of two (2) cubic feet or more. The riprap shall be placed to conform to the specifications of the Director of Engineering Services. Road Tractor: Any motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Roadway: That portion of a street right-of-way designated for vehicular traffic; where curbs are in place, the portion between curbs. Roof: The outside top covering of a building. Roof and/or Building-Mounted Telecommunications Facilities: Telecommunications facilities supported entirely by a building other than a building accessory to a telecommunications facility. Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost height of said facade or parapet. Roof, Shed: A roof with one (1) slope. Page 208 of 359 94 Root Barrier System: A physical or chemical barrier that prohibits or discourages lateral root growth under sidewalks and other hardscape areas. RTD Maintenance Facility: A specific type of transportation facility use. A facility used for maintenance of Regional Transportation District (RTD) vehicles and equipment. See definition of "Transportation Facility". Rubbish: A general term for solid waste, excluding food waste and ashes, taken from residences, commercial, or industrial establishments and institutions. Run With the Land: A covenant or restriction to the use of land that is binding on the present and all future owners of the property. Sales and Distribution: A specific type of warehouse use. A sale by a wholesaler to retail merchants, jobbers, dealers, or other wholesalers for resale. The term does not include a sale by a wholesaler to users or consumers not for resale. See definition of "Warehouse". Sales Room: An establishment, or portion of a manufacturing establishment, that allows customers to taste samples of wine, beer or spirituous liquors manufactured or produced by a single distillery, brewery or winery and licensed as a sales room pursuant to a State Manufacturer's License (C.R.S. 12-47-402) or a State Limited Winery License (C.R.S. 12-47-403). A sales room may include the sale of such products in addition to related items, marketing events, special events entertainment and/or food. Or, as this definition may be modified in C.R.S. 12-47-103 et. seq. Sanitary Service: A specific type of waste/salvage use. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. See definition of "Waste/Salvage". Satellite Dish Antenna: The satellite receive-only earth station antenna consists of: (1) dish antenna which receives communication from satellites in orbit; (2) a low-noise amplifier (1na) at the focal point of the receiving component; and (3) a coaxial cable to carry the signal to the satellite receiver, which transforms the low-frequency signal to a television signal. Satellite Receiver: The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the satellite. Another control rotates the dish to select which satellite at which to aim the antenna. School: This use category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education. This category also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks. Accessory uses at schools include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Accessory uses at colleges include offices, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial. School (Commercial): A use category that includes private establishments offering educational instruction to the general public for tuition or fees. School, Trade or Business: See definition of "Trade or Business School". Screening: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Seasonal Sales/Service (e.g., Christmas Tree Lot, Plant/Garden, Hail/Windshield Repair, or Similar Uses): A temporary retail sales or service use that is temporary because of the product's or service's seasonal nature (e.g., related to a holiday, or dependent on good weather). Seasonal sales include, for example, the sale of Christmas trees during the winter holiday season and the spring and summertime sale of plant and garden supplies/materials. Secondhand Goods: Includes any tangible personal property not sold as new and normally having been sold used by one (1) or more intermediaries. Secondhand property does not include items that were Page 209 of 359 95 sold as new and returned by the customer for exchange or refund. Also, secondhand property does not include reconditioned property purchased from a wholesaler. Sectorized Panel Antenna: An array of antennas generally rectangular in shape that are used to transmit and receive telecommunications signals. Semi-Trailer: Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor, and which is generally and commonly used to carry and transport property over the public highways. Service: Photography Studio And Photo Lab, Upholstery, Printer, Locksmith, Tailor: A specific type of retail sales and service (personal service) use. Establishments engaged in the provision of informational, instructional, personal improvement, and similar services, such as portrait shops, photography studios, shoe repair, and tailor/alterations shops. See definition of "Retail Sales And Service (Personal Service)". Service Unit or Facility: An accessory commercial eating/drinking establishment, retail sales establishment, personal service establishment, or private recreational facility that is located in the same building, or on the same development parcel, as the principal use of the property, and which is intended to primarily serve and benefit the residents, guests, visitors, or employees of the principal use. Setback: The distance required by this Title to be established between a lot line and closest projection of a building or structure (including driveways and parking areas as required by this Title), measured along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in Chapter 16-6 EMC. Setback, Front: A setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot or property line and the furthermost projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in Chapter 16-6 EMC. Setback, Rear: A setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the furthermost projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in Chapter 16-6 EMC. Setback, Side: A setback on that portion of a lot that is not adjacent to a private or public street. It extends from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site. Setback Line: That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. Shrub: A self-supporting woody perennial plant of low or medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet (10') in height at maturity. Sidewalk: That portion of a street right-of-way, paved or otherwise surfaced, intended for pedestrian use only. Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or attract attention to any idea, person, institution, organization, business, product, service, event or location, by any means including but not limited to: words, letters, graphics, motion, illumination or projected image. Sign, 3-D Object: For the purpose of Section 16-6-13: Signs, 3-D (three-dimensional) objects and devices shall include any sign with length, width, and height dimensions other than principal building and ground signs as defined by this Title. Sign, Accessory and Devices: Any sign permitted without need for a Sign Permit constructed of cloth, canvas, fabric, vinyl banner material, plywood, or other light-weight material and generally intended for Page 210 of 359 96 display for a short period of time. Accessory signs include but are not limited to banners, 3-D objects, inflatables, wind-driven, sandwich board, human, and similar signs. Wind-driven pennants, streamers, fringes, and balloons allowed as incidental signs under Section 16-6-13(B)(23) shall not be considered accessory signs. Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. Sign Area: The entire face of a sign including the surface and any framing, trim or molding, but not including the supporting structure. Sign, Awning: A sign attached or applied to an outdoor awning. Sign, Bus Bench or Shelter: A sign located on benches or shelters placed in the public right-of-way or on private property adjacent to the public right-of-way at a bus stop pursuant to a written agreement with the City which sets forth the regulations for size, placement, design, and materials used in the construction of said signs, benches, and shelters. Sign, Canopy: A sign attached or applied to a canopy. Sign, Drive-Thru: A sign along a drive-through lane. Sign, Electronic Message Display (EMD): A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. Sign Face: The display surface made available by the sign structure. Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use. Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending from the ground but not attached to any part of a building. Sign, Human: An accessory sign which is worn (including costumes), held or attached to a human. Human signs do not include T-shirts, hats, or other similar clothing. Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within the sign, or directed toward the sign. Sign, Mansard Roof: A sign attached to the side of a mansard roof. Sign, Marquee: Any sign attached to or made a part of a permanent roof-like structure supported by a building and projecting over public property. Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation, as opposed to being mounted to poles, posts or other supports. Sign, Multi-Tenant: A sign that serves as a common or collective sign for two (2) or more uses on the same premises. Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or amendment to, does not conform to the limitations established by this Title. Sign, Pedestal: A portable accessory sign supported by a stand or base. Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other support that is not itself an integral part of or attached to a building or structure. Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a building, structure, or embedded in the ground. Sign, Principal: A sign attached to a building, structure, or the ground in some manner that requires a Sign Permit from the City and is made of durable materials approved by the City. Page 211 of 359 97 Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond the surface of such building or wall. Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building or structure. Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Sign, Snipe: An off-premise sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or other objects. Sign, Special Event: A sign placed by individuals conducting events including but not limited to picnics, carnivals, bazaars, game nights, art fairs, and craft shows, or similar activities. Sign, Suspended: A sign suspended from the underside of a horizontal plane of a structure. Sign, Type 1 Temporary Site: An incidental sign posted not more than forty-five (45) calendar days prior to an election involving candidates or issues for the federal, state, or local district in which the property is located. Sign, Type 3 Temporary Site: A temporary sign erected on properties with an active Building Permit issued by the City of Englewood. Sign, Type 5 Temporary Site Signs: Signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any holiday. Sign, Wall: A sign attached to, painted on, or erected against a wall of a building, the face (display surface) of which is parallel to the facade of the building and which extends no more than eighteen inches (18") from the wall. Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states, or municipalities shall not be classified as wind signs. Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the window from the exterior of the structure but excludes merchandise in a display window. Sign With Backing: Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Sign Without Backing: Any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any other display. Signable Area: That area of a building facade up to the roofline or top of th e wall that is free of windows and doors or major architectural detail. Single Ownership: Ownership by one (1) or more persons in any form of ownership of a lot or lots partially or entirely in the same ownership. Site Improvement Plan: The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, open spaces, walkways, means of ingress and egress, utility services, landscaping, buildings, structures, and signs, lighting, and screening devices, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Site-Specific Development Plan: Any of the following applications as defined in this Title, if designated by the applicant as a site-specific development plan for the establishment of vested property rights according to C.R.S. 24-68: (A) Final subdivision plat; (B) Conditional use permits; and Page 212 of 359 98 (C) Site Improvement Plans (including site plans for PUDs). The site-specific development plan shall describe with reasonable certainty the type and intensity of use proposed for a specific parcel or parcels of property. Small Animal: Dogs, cats, rodents, birds, reptiles, fish, and any other species of domestic animal that is sold or retained as a household pet, but does not include skunks, nonhuman primates, and other species of wild (typically not domesticated), exotic, or carnivorous animals that may be further restricted in the Englewood Municipal Code. Small Animal Veterinary Hospital or Clinic: A specific type of animal sales and service use. A place where small animals such as dogs, cats, birds and other similar household domestic pets are given medical or surgical treatment, and where use as a kennel is limited to short-term boarding and only for medically related purposes, and where all uses are enclosed within a soundproof building and no objectionable odor is emitted. See definition of "Animal Sales and Service". Small Area Plan: Refers to the applicable station area Comprehensive Plan amendment adopted by the City of Englewood, as amended from time to time. Small Treatment Center: A specific type of group living use. A residence for up to eight (8) unrelated individuals, some or all of whom are receiving on-site medical or psychological treatment. If any individual resident of a group living facility with up to eight (8) unrelated individuals receives on-site medical or psychological treatment, the entire facility shall be classified as a small treatment center (rather than a small group living facility). Examples of small treatment centers shall include any of the following that meet this definition: (A) A nursing home; or (B) A nursing facility, as defined in C.R.S. 26-4-103 (11) et seq., as amended; or (C) Institutions providing life care, as defined in C.R.S. 12-13-101(5) et seq., as amended; or (D) A physical/mental rehabilitation home; or (E) A state-licensed group home for the developmentally disabled, as defined in C.R.S. 31-23- 303(2)(a) et seq., as amended that is not categorized as a state licensed community residential home as defined in C.R.S. 27-10.5-102(4) et seq., as amended; or (F) A state-licensed group home for persons with mental illness, as defined in C.R.S. 25-27-102(8) et seq., as amended. See definition of "Group Living". Solid: As relates to the development of fences, walls, and visual barriers, "solid" means a vertical surface with less than fifty percent (50%) open space. Special Event (Carnival/Circus, Fair, Bazaar): A temporary commercial or festive activity or promotion at a specific location, which takes place typically no more than once per year including, but not limited to, carnivals, bazaars, circuses, and festivals. Special Mobile Equipment: Means and consists of vehicles, self-propelled or otherwise, designed primarily for operation or use on or off the streets and highways and only incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road construction or maintenance equipment, ditch-digging or excavating apparatus, well- drilling or boring equipment, firefighting equipment and vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard and equipment primarily designed for hoisting, lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. Page 213 of 359 99 Specialized Sign Area: An area of the City where special types or amounts of signage are permitted, encouraged, or required through an action of Council. Specialized sign areas include the South Broadway sign area. Specified Anatomical Areas: As used herein, shall mean and include any of the following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: As used herein, shall mean and include any of the following: (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation, frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or urolagnia; and (C) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Stand or Standing: The halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. Standard: A mandatory regulation. Noncompliance with a standard may be grounds for denial of a proposal for development, and may subject an applicant or a development to the enforcement and penalty provisions of this Title. Mandatory standards are indicated by use of the terms "shall" and "must". Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Station Area Standards and Guidelines: Refers to the specific document containing detailed development and design standards and guidelines applicable to development in the subject station area and adopted by the City of Englewood, as amended from time to time. Storage: Safekeeping of goods in a warehouse or other place of depository. Store: A use devoted exclusively to the retail sale of a commodity or commodities. Storm Water Detention: Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof. Storage Yard for Vehicles, Equipment, Materials, and/or Supplies: A specific type of warehouse/storage use. An area, other than a street or alley, designed or used primarily for the temporary parking of vehicles. See definition of "Warehouse/Storage". Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use. Street: Any public right-of-way for the free passage of persons, trade and commerce, and which affords a principal means of access to property abutting along its length. This term does not include private roads. Streets are classified as follows: Page 214 of 359 100 (A) Freeway: Provides for expeditious movement of large volumes of through traffic and generally not intended to provide land-access service except by use of grade separation that may be combined with parallel frontage roads. (B) Arterial: Provides for "through" traffic movement connecting major land use elements within the City, and connecting the City and adjacent communities with one another. Direct access is ordinarily provided to abutting property; however, consideration must be given to the control of entrances, exits, and curb use in order that the traffic movement can be relatively unimpeded throughout the City. (C) Minor and major collector street: Provides for traffic movement between arterials and local streets with direct access to abutting property. (D) Residential collector street: A minor collector street that provides access to the interior of a residential subdivision or development from the perimeter streets. (E) Local Street: Provides for direct access to abutting land, and for local traffic movement primarily in residential areas. Street Frontage: The linear distance along a property line adjacent to a public or private street. Street Furniture: Any man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, lights and phone booths. Structurally Altered: The making of a substantial change in the construction, identity, and use of the present building. Structure: Anything constructed or erected that requires location upon or under the ground or attached to something having location upon or under the ground. Structure (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Structure, Permanent: A structure that is built of such materials and in such a way that it would commonly be expected to last and remain useful for a period of time. Structure, Temporary: A structure that is built of such materials and in such a way that it would commonly be expected to have a relatively short life, or is built for a purpose that would commonly be expected to be relatively short, or any structure intended for nonpermanent use or occupancy. Studio: A use category that includes activities generally focusing on media production. Studio, Radio/Television Broadcasting or Recording/Film: A specific type of studio use. A facility for broadcasting live or pre-recorded programs by radio and/or television; and/or recording on records, tapes, videotapes, or other suitable recording media. Such facility may perform activities necessary for recording programming and receiving of radio and/or television signals. Such facility shall not engage in production of consumer products. See definition of "Studio". Subdivider: Any person or other entity, or any agent thereof, dividing or proposing to divide realty. Subdivision: Any division of land, lot, tract, or parcel into two (2) or more lots, parcels, plats, sites, or other division of land for the purpose of sale, lease, offer or development, whether immediate or future. The term "Subdivision" also includes the creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. Substantial Damage (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Substantial Expansion or Alteration (of a Residential Dwelling): For purposes of the residential design standards in Chapter 16-6 EMC, any construction, reconstruction, or improvement of a principal residential structure that is equal to or greater than twenty-five percent (25%) of the principal structure's total gross floor area existing prior to the expansion or alteration. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: Page 215 of 359 101 (A) Before the improvement or repair is started; or (B) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (A) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (B) Any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places. Substantial Improvement (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Surface Water: Water on the earth's surface exposed to the atmosphere as rivers, lakes, or streams. Swimming Pool: Any structure, portable or permanent, containing a body of water twelve inches (12") or more in depth, intended for recreational purposes, including a wading pool; but not including an ornamental reflecting pool or fish pond or similar type of pool not to be used for swimming or wading. Take Out and Delivery Only (Food and Beverage Service): A specific type of food and beverage service use. An eating/drinking establishment, generally without patron seating that provides food and/or beverages to be delivered or to be picked up, typically for consumption off the premises of such establishment. See definition of "Food and Beverage Service". Tangible Personal Property: All personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of business in connection with a contract for purchase or purchase transaction. Tattoo and Body-Piercing Establishment: A specific type of retail sales and service (personal service) use. Any corporation, company, partnership, or individual that offers or performs tattooing or body piercing for any fee, charge, or remuneration of any kind. For the purposes of this Title, this does not include establishments performing ear piercing as an incidental service to the permitted principal use. See definition of "Retail Sales and Service (Personal Service)". Telecommunication Facility: A use category composed of facilities that transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Telecommunications Provider: Includes every person or entity that provides telecommunications service utilizing telecommunications facilities. Telecommunications Service: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics laser, microwave, radio, satellite or similar facilities, with or without the benefit of any closed transmission medium. Temporary Employment Business: A specific type of retail sales and service (personal service) use. Any person, firm, partnership, association or corporation that maintains a central location where day laborers assemble and are dispatched to work for a third-party user. See definition of "Retail Sales and Service (Personal Service)". Temporary Use: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Tent/Canopy: A temporary structure or enclosure, the roof of which and/or one-half (½) or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material. Page 216 of 359 102 Tent or Parking Lot Sales: A temporary retail use conducted on the premises of a permanent, principal retail commercial establishment. Typically, the temporary retail sales occur on a portion of the parking lot that serves the permanent retail use, and are often conducted in whole or in part from within a tent. Theater and Performance/Concert Venue, Not Including Adult Entertainment: A specific type of indoor entertainment/amusement use. A building or part of a building devoted to showing motion pictures or for dramatic, musical, operatic, or live performances for admission to which, money is received, and no audience participation or meal service is allowed, but not including an adult entertainment use. See definition of "Entertainment/Amusement: Indoor". Topography: The configuration of a surface area showing relative elevations. Tower Structure: A specific type of telecommunication facility use. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. See definition of "Telecommunication Facility". Tower Structure, Alternative: A specific type of telecommunication facility use. Any man-made trees, clock towers, bell steeples, light poles, water towers and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers. See definition of "Telecommunication Facility". Trade or Business School: A specific type of school (commercial) use. Any school or institution, either profit or nonprofit, that is not included in the definition of an "Education Institution," which school is consistent with other uses in the neighborhood or district in which the crafts or trades themselves are permitted. Trail: A tract of land designated and used by the public for walking, hiking, biking, and/or horseback riding, including a facility for the parking of motor vehicles that provides safe access to the trail (trail head). Trailer: Any wheeled vehicle, without motive power having an empty weight of more than two thousand (2,000) pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways. Transit Center: A specific type of transportation facility use. A building, structure, or area designed and used for persons changing transportation modes. Facilities and improvements may include shelters, benches, signs, and structures. See definition of "Transportation Facility". Transition Duration: The time interval it takes a display to change from one static frame to another. Transition Method: A visual effect used to transition from one frame to another. Transition methods include, but are not limited to dissolve, fade, scroll and travel. Transportation Facility: A use category that includes facilities for the landing and takeoff of airplanes and helicopters, including loading and unloading areas, and passenger terminals for bus and light rail service. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities. Exception: Private helicopter landing facilities that are accessory to another use may be considered accessory uses. Tree: Large, self-supporting woody perennial plant that normally grows to a mature height of at least fifteen feet (15'), usually with one (1) main stem or trunk and many branches. May be deciduous or evergreen. Truck: Any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or, any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. Utility Facility: A use category including all lines, buildings, easements, passageways, or structures used or intended to be used by any public or private utility related to the provision, distribution, collection, Page 217 of 359 103 transmission, or disposal of power, oil, gas, water, sanitary sewage, communication signals, or other similar services on a local level; and other in-line facilities needed for the operation of such facilities, such as gas regulating stations, pumping stations, power or communication substations, dams, reservoirs, and related power houses. Additionally, a utility facility means any energy device and/or system that generates energy from renewable energy resources including solar, hydro, wind, biofuels, wood, geothermal, or similar sources. Services may be publicly or privately provided. Accessory uses may include control, monitoring, data, or transmission equipment. Utility Facility, Major: A specific type of large-scale utility facility use, typically serving the region, the entire city, or a significant subarea of the city, which normally entails the construction of new buildings or structures, and that often have employees at the site. Major utility facilities have potential major impacts on an area or city by virtue of their appearance, noise, size, traffic generation, externalities, or other operational characteristics. Examples include water works, reservoirs, power or heating plants, energy/power transmission lines, power generating plants, and sewage or wastewater treatment plant. See definition of "Utility Facility". Utility Facility, Minor: A specific type of small-scale utility facility use that provides utilities necessary to support development either within a specific subarea of the city or the immediate vicinity of the facility. This use typically involves the construction or installation of only minor structures. Employees typically are not located at the site. Examples include electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and sewer pumping stations, power lines; storm drainage facilities; pump stations and hydrants; switching boxes; and other structures normally found in a street right-of-way to serve adjacent properties. A minor utility facility may be either a principal or accessory use of land. See definition of "Utility Facility". Variance: A grant of relief from the requirements of this Title that permits construction in a manner that would otherwise be prohibited by this Title. Vegetative Protection: Stabilization of erosive or sediment producing areas by covering the soil with permanent or short-term seeding, mulching or sodding. Vehicle: Any device which is capable of moving itself, or being moved, from place to place upon wheels or endless tracks; but such term shall not mean or include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations, or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air. Vehicle, Motor: A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. Vehicle and Equipment: A use category including a broad range of facilities for the sale, rental, and/or maintenance of motor vehicles and related equipment. Large parking areas and outdoor storage areas may be included with these uses. Accessory uses may include incidental repair and storage, offices, and sales of parts and/or tires. Vested Property Right: The right to undertake and complete the type and intensity of development and use of property under the terms and conditions of an approved site-specific development plan for a period of three (3) years from the date of approval. Vested property rights may include the number and type of units or the type and amount of square footage of development described on an approved site-specific development plan, but shall not include any aspect of the site-specific development plan that does not directly affect the type or intensity of use, such as but not limited to signage, landscaping, streets, utilities, parking, or drainage. Vintner's Restaurant: A retail establishment, licensed by the appropriate State and Federal authorities, that sells food for consumption on the premises and that manufactures not more than two hundred fifty thousand (250,000) gallons of wine on its premises each year. Violation: Generally, the failure of a land use, building, structure, or other development to be fully compliant with this Title's requirements. Violation (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions. Page 218 of 359 104 Visible Sight Triangle: See definition of "Sight Triangle". Visual Barrier: A solid (opaque) vertical surface other than a fence or wall, such as an evergreen hedge or other landscaping that for at least three (3) months of a year has foliage that creates a solid surface. Visitor Accommodation: A use category characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than thirty (30) days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. Wall: (A) The vertical exterior surface of a building. (B) Vertical interior surfaces that divide a building's space into rooms. Wall Mural: A picture painted on any exterior wall of a principal building, including but not limited to: non-commercial art, painted images, or the restoration of a previously existing wall painting. Warehouse: A use category characterized by establishments primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers. Exception: This definition does not include heavy manufacturing, resource extraction, scrap operations, or salvage operations. Warehouse/Storage: A use category that includes establishments involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses may include offices, truck fleet parking, and maintenance areas. Warehousing and/or Storage: A specific type of warehouse/storage use engaged in (1) the storage of goods, materials, vehicles, trailers, or boats, and/or (2) the distribution of goods and materials to another location for the purposes of resale or use at the place distributed to. At least fifty percent (50%) of the gross floor area of the use shall be used for warehouse and distribution purposes. This shall include offices located on the same property in conjunction with such uses. This shall not include heavy manufacturing, resource extraction, scrap operations, or salvage operations. See definition of "Warehouse/Storage". Waste/Salvage: A use category that includes establishments that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste/salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products. Waste Transfer Station (Not Including Hazardous Waste): A specific type of waste/salvage use. Any facility or structure, with the exception of a motor vehicle, where trash is collected. Generally located on a plot of ground, with appropriate structures and mechanical equipment for the collection, compaction, and/or loading of trash. See definition of "Waste/Salvage". Whip Antenna: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. Winery: Any establishment, licensed by the appropriate State and Federal authorities, where vinous liquors are manufactured, except that the term does not include a Vintner's Restaurant license pursuant to 12-47-420 C.R.S. Or, as this definition may be modified in C.R.S. 12-47-103. Window Area: The area of all windows on the first floor of a building that face or are visible from one public right-of-way. Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other Page 219 of 359 105 material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or (9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical significance. Xeriscape: Landscape methods that conserve water through the use of drought-tolerant plants and planting techniques. Yard: An existing open space, other than a court, on the same lot with a principal building or structure, that is open, and unoccupied by buildings. A "yard," in contrast to a "setback," is the open space on a lot that is established by the actual placement of a principal building and accessory structures; in some cases, the resulting yard may be greater in area than a required minimum setback. Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building. Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building. Yard, Required: See definition of "Setback". Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as may be. Zone District: An area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits and other requirements are established, all of the foregoing being identical to all of the properties within the zone district. Section 8. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. 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. Page 220 of 359 106 Introduced, read in full, and passed on first reading on the 18th day of February, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of February, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of February, 2020 for thirty (30) days. Linda Olson, 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 2020. Stephanie Carlile Page 221 of 359 1 SYNOPSIS OF ORDINANCE ___ REGARDING: UPDATES TO UDC Section 1. Amendment of Title 16, Chapter 2, Section 2: Summary Table of Administrative and Review Role; Section 3: Notice Requirements; Section 8: Planned Unit Development Rezoning Process and Requirements; Section 16: Zoning Variances; and Section 17: Administrative Adjustments. Title 16, Chapter 2, Section 2 of the Englewood Municipal Code shall be amended as follows: Page 2 Administrative Adjustments 16-2-17 ✓ D A ✓ None Title 16, Chapter 2, Section 3 (G)(2) of the Englewood Municipal Code shall be amended as follows: Page 4 16-2-3 (G)(2): Notice Requirements. Posted Notice. The property shall be advertised by posting for not less than ten (10) consecutive days prior to a hearing before the Council, the Commission, or the Board; provided, however, that where the case does not involve a specific property, no posted notice shall be required. A posted notice shall consist of a sign not less than twenty-two inches (22") by twenty-eight inches (28") in size, located not less than four feet (4') above ground level in a conspicuous place, with letters not less than one inch (1") in height in black paint, which letters can be read from the adjoining street right -of- way. Planned Unit Development applications shall post two signs per frontage of the project. The sign must be red background with white letters following the dimensions as s tated. The applicant shall be responsible for complying with posted notice provisions and for providing evidence of timely posted notice at the time of the hearing or consideration. All required posted notices shall remain in place until after the date of the hearing or consideration, and shall be removed by the applicant within seven (7) days after the hearing or consideration. Title 16, Chapter 2, Section 8 (E), (G), and (H) of the Englewood Municipal Code shall be amended as follows: Page 6 E. General Use and Development Requirements and Limitations. PUDs shall be subject to the following: 1. PUD applications shall only be considered for properties equal to or greater than one (1) one-half (½) acre when the underlying zone of the property falls within the R-1-A, R-1-B, R-1-C, R-2-A, or R-2-B district. PUD applications shall be considered for properties equal to or greater than one half (½) acre when the underlying zone falls within any other zone district in the City. Page 222 of 359 2 Page 7 G. PUD Approval Process Summary: The Planned Unit Development zone district requires three (3) two (2) steps for PUD project review and approval: 1) Pre-application review and neighborhood meeting; and 2) PUD District and Site Development Plan review and approval. ; 3) PUD Site Development Plan review and approval. If an applicant provides site -specific development plans, the PUD District Plan and PUD Site Development Plan steps may be combined. The PUD rezoning may shall be processed in one (1) phase or two (2), at the option of the developer. A complete and final PUD shall not take effect until and unless all of the information required below for both a PUD District Plan and a PUD Site Development Plan have been reviewed and approved by the City. Page 8 H. Submittal Requirements. 1. PUD District Plan: The PUD District Plan shall include all submittal requirements as listed below. The Planning and Zoning Commission shall make a recommendation to City Council for final action on a PUD District Plan zoning request. If a PUD District Plan is submitted for review without inclusion of a PUD Site Development Plan, then the Planning and Zoning Commission action on the PUD District Plan shall include a recommendation for final action on the Site Development Plan, which may in clude requiring review by staff only, review at a public hearing by the Planning and Zoning Commission, and additional review at a public hearing by the City Council, depending upon the size, uses, and complexity of the plan or issues remaining for review. PUD Site Development Plan: If a PUD Site Development Plan is submitted with a PUD District Plan, The the Site Development Plan shall be reviewed at the same time as the PUD District Plan. If a PUD Site Development Plan is submitted subsequently to a PUD District Plan, then the Site Development Plan shall be reviewed as specified in the approved District Plan . Title 16, Chapter 2, Section 16 (G) of the Englewood Municipal Code shall be amended as follows: Page 14 Section 16-2-16 G. After Approval. 1. All Zoning Variances shall be effective on the date of final action by the Board. For the purpose of this subsection, final action by the Board shall be deemed to be the approval of the findings of fact for the Zoning Variance request. 2. The City shall record all Zoning Variances with the office of the Arapahoe County Clerk and Recorder. Page 223 of 359 3 3. Any Zoning Variance granted by the Board shall run with the land unless the Board specifies otherwise as a condition of the Zoning Variance. 4. Any Zoning Variance granted by the Board shall automatically lapse within one hundred eighty days one year of the date it was effective, or within such other time as the Board may prescribe, unless a building permit for the action that was the subject of the variance is obtained and work started . Title 16, Chapter 2, Section 17.C. of the Englewood Municipal Code shall be ame nded as follows: Page 15 17.C. Notice. The City shall require that the applicant notify adjacent property owners and/or occupant(s) by written notice of any application for Administrative Adjustment.The request for administrative adjustment for the property shall be advertised by posting in conformance with §16-2-3(G)(2), Posted Notice. Section 2. Amendment of Title 16, Chapter 5, Section 1(C): Table of Allowed Uses. Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: Page 23 Medical/Recreational Marijuana Medical/Recreational marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical/Recreational marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical/Recreational marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Page 224 of 359 4 Page 29 ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C- A A A A A A A A A A Family child care home C- A A A A A A A A A A Infant/toddler home C- A A A A A A A A A A Large child care home L- A L- A L- A L- A L- A Section 3. Amendment of Title 16, Chapter 6, Section 1(A): Rules of Measurement, (3): Lot Coverage; Section 1(B): Summary Table of Dimensional Requirements for Principal Uses and Structures; and Section 1(C): Additional Dimensional and Development Standards(6): M-1, M-2, and M-O-2 Districts (e): Zone of Transparency. Title 16, Chapter 6, Section s 1(A) (3) of the Englewood Municipal Code shall be amended as follows: Page 32 1 (A)(3). Lot Coverage. a. General Rule. Lot coverage is the percentage of total lot area which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted by subsection (B) below, the term "structure" includes private walkways, driveways, and other paved surface areas used or intended for parking vehicles (e.g., parking pads). See Figure 16-6(1). b. Exemptions from the calculation of lot coverage. (1) Driveways, or portions thereof, twelve feet (12') or less in width; (2) Private walkways, or portions thereof, five feet (5') or less in width; (3) Areas covered by swimming pools, hot tubs, and ornamental ponds; Page 225 of 359 5 (4) Open (uncovered) decks or patios less than thirty inches (30") above grade; or (5) Covered, unenclosed (open on at least two sides) porches. Title 16, Chapter 6, Sections 1(B) of the Englewood Municipal Code shall be amended as follows: Page 37 1. (B). Summary Table of Dimensional Requirements for Principal Uses and Structures. All principal structures and uses shall be subject to the intensity and dimensional standards set forth in the following Table 16 -6-1.1. These standards may be further limited by other applicable sections of this Title. Additional regulations for the residential districts, and special dimensional regulations related to lot area, setbacks, height, and floor area are set forth in the subsections immediately following the table. Rules of measurement are set forth in subsection 16-6-1.A EMC. Dimensional requirements for accessory structures are set forth in subsection 16-6-1.I EMC. TABLE 16-6-1.1: SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES Min Lot Area (sq ft) Max FAR Max Lot Coverage (%) Min Lot Width (ft) Max Height (ft) Minimum Setbacks (ft) Front Each Side [1] & [2] Rear R-2-A District One-Unit Dwelling 6,000 None 40 50 32 25 5 20 One-Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One-Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Page 226 of 359 6 Multi-Unit Dwelling (Maximum 2 units) 3,000 per unit None 40 25 per unit [4] 32 25 5 20 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 R-2-B District One-Unit Dwelling 6,000 None 40 50 32 25 5 20 One-Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One-Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Multi-Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 3,000 per unit None 60 25 per unit [4] 32 25 5 20 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 Page 227 of 359 7 MU-R-3-A District One-Unit Dwelling 6,000 None 40 50 32 25 5 20 One-Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 25 3 20 One-Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 25 3 20 Multi-Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 3,000 per unit None 60 25 per unit [4] 32 25 5 25 Private Off-Street Parking Lots 12,000 None 70 None n/a 25 15 15 Office, Limited 15,000 1.5 (Excluding the gross floor area of parking structures) 50 None 32 25 15 25 All Other Allowed Uses 24,000 None 60 200 32 25 25 25 MU-R-3-B District (See Additional Regulations Following the Table) One-Unit Dwelling 6,000 None 40 50 32 15 5 20 One-Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 15 3 20 Page 228 of 359 8 One-Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 15 3 20 Multi-Unit Dwelling (Maximum Units Based on Lot Area & Lot Width) 2-4 units: 3,000 per unit; Each additional unit over 4 units: 1,000 per unit [4] None 75 None 2-4 units: 32 More than 4 units: 60 15 2-4 units: 5 More than 4 units: 15 25 Office, Limited 24,000 1.5 (Excluding the gross floor area of parking structures) 75 None 60 15 15 [3] 25 All Other Allowed Uses 24,000 [4] None 75 None 60 15 15 25 MU-R-3-C District (See Additional Regulations Following the Table) One-Unit Dwelling 6,000 None 40 50 32 15 5 20 One-Unit Dwelling on a Small Lot [5] 4,000 None 40 40 37 32 15 3 20 One-Unit Dwelling on an Urban Lot [6] 3,000 [7] None 40 25 [7] 32 15 3 20 Multi-Unit Dwelling 6,000 None 75 None 40 15 5 20 Office, Limited 6,000 None 75 None 40 15 5 20 All Other Allowed Uses 24,000 [4] None 75 None 40 15 5 20 Page 229 of 359 9 Title 16, Chapter 6, Sections 1 (C)(6)(e) of the Englewood Municipal Code shall be amended as follows: Page 48 16-6-1.C. (6)(e). Zone of Transparency: New construction and/or additions of ground floor retail space fronting on a public street, shall incorporate transparent glass for a percentage of the lineal street frontage of the first floor. These windows shal l be a minimum of five feet (5') high and mounted not more than three feet six inches (3'6") high above the interior floor level for a total height of eight feet six inches (8'6"). 1. A 60% minimum building lineal zone of transparency measured adjacent to and parallel with the front lot line is required. 2. A 25% minimum building lineal zone of transparency measured adjacent to and parallel with the side lot line fronting a public street is required. Section 4. Amendment of Title 16, Chapter 8, Section 1: Applicability (D): Minor Subdivisions . Title 16, Chapter 8, Section 1(D) of the Englewood Municipal Code shall be amended as follows: Page 58 D. Minor Subdivisions. 1. Applicability. A Minor Subdivision includes all of the following actions, provided no such actions require the dedication of land for streets , easements, or other public areas: a. Unplatted land is to be platted, divided, or combined with any other land whether platted or unplatted. b. A single platted lot is to be divided into two (2) or more lots. c. A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines. d. Adjustment of boundary line(s) between previously platted parcels inconsistent with historical platted lines. e. The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended. Page 230 of 359 10 Section 5. Amendment of Title 16, Chapter 10, Section 1: Enforcement and Section 2: Penalties. Title 16, Chapter 10, Section 1 of the Englewood Municipal Code shall be amended as follows: Page 58 16-10-1: Enforcement. A. Enforcing Officer Enforcement. The provisions of this Title shall be administered and enforced by the City Manager or designee of the City of Englewood. Zoning enforcement personnel will have all legal powers necessary to enforce thi s Title. B. Enforcement Officer. The Enforcement Officer shall be responsible for the enforcement of all provisions contained in this Title and is hereby authorized to undertake all investigations of violations of this Title , to issue notices and orders , to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Title. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. C. Stop Orders. Whenever the use of property or the construction of any building or structure is contrary to the provisions of this Title, the City Manager or designee Enforcement Officer may order the use of the property or the construction to be stopped by serving notice in writing on any person, firm or corporation engaged in using said property or in doing or causing such work to be done, or by posting such notice in a conspicuous place on said property when no such person, firm or corporation can be served in the aforesaid manner. No oversight or dereliction or error on the part of the City of any empl oyee of City shall legalize, authorize, or excuse the violation of any of the provisions of this Title. D. Enforcement Process. Unless specifically called out in Title 16, enforcement of zoning violations shall follow the abatement procedure specified in Section 15-3-2 EMC. 1. Administrative Notice of Violation a. Issuance of Administrative Notice. The Enforcement Officer shall provide written notice to the owners (s) of the premises upon which exists a known or suspected violation of this Title. Such notice shall be served upon the owner (s) by posting such notice on the property, by personally serving the notice to the owners(s), or by sending the notice certified, return receipt requested via US Mail, postage prepaid, to the last known addres s of the owner(s). b. Receipt of Notice. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed Page 231 of 359 11 received seventy-two hours after posting the property, publication in a newspaper of general circulation, or by certified mailing, return receipt requested via US Postal Service, postage prepaid. c. Administrative Notice. The administrative notice shall include that information deemed necessary by the Enforcement Officer, including, but not limited to: 1) common address or legal description of the property upon which the violation is located, 2) citation to any section of the Code of which a violation is alleged to e xist, 3) description of the violation (s) occurring upon the property, 4) an administrative order to correct the violation within ten (10) days of the receipt of the administrative notice (unless other provided within a specific section or Chapter of this Title), 5) notice of the procedure to appeal an administrative notice of violation, and 6) notice that failure to correct such violations may result in criminal prosecution, including the possible maximum fines and penalties associated with conviction upon such charges. d. Compliance Inspection. Within five (5) days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking inspection of the property and a determination that the property is in compliance with the Code. The Enforcement Officer is authorized to provide one (1) extension to the administrative notice of no more than five (5) days following an inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violation (s), and such violation (s) may be successfully remediated if provided an additional five (5) days. 2. Summons and Complaint; Notice to Appeal; Right to Proceed; Fines and Costs a. If the owner or primary contact fails to schedule a time for the inspection within ten (10 days following service of the administrative notice (unless otherwise provided within a specific section or Chapter of this Title), the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1-7A-4 of the Englewood Municipal Code. b. If the Enforcement Officer has not completed an inspection of the property and a determination that the property is in compliance with the Code within ten (10) days following receipt of the administrative notice, the Enforcement Officer is authorized to issue to the owner a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter. c. Should any owner(s) of such property contest the charge, the City shall not be precluded from addressing the violations of this Chapter, or any Page 232 of 359 12 other Title of the Englewood Municipal Code which are applicable, through administrative or civil action to bring the property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. d. Any persons found guilty, or by the entering of a plea of guilty or nolo contender, to any violation of this Title shall be subject to the provisions of the General Penalty, E.M.C. 1-4-1, and shall be ordered to remediate the violation and bring the subject property into compliance with this Title. e. Any person convicted of a violation of this Title shall be assessed the costs incurred by the City in association with service of the administrative notice, including publication and mailing fees, and service of the summons and complaint, including process server fees, in association with the enforcement of this Chapter. Title 16, Chapter 10, Section 2 of the Englewood Municipal Code shall be amended as follows: Page 61 16-10-2 Penalties Prohibited Acts A. Violation and Penalty. Any violation of this Title is subject to those penalties provided for in the general penalty section of the Englewood Municipal Code. A. B. Prohibited Acts Except when acting in conformance with this Title, it shall be unlawful for any person, property owner, or representative of a property owner to perform any of the following acts: 1. Erect or construct, reconstruct, remodel, alter, maintain, expand, move, or use any land, building, structure, or sign; or engage in development or subdivision of any land contrary to the regulations and procedures of this Title. 2. Except as provided herein, it shall be unlawful for any person to Divide any realty unless there has first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Title. 3. It shall be unlawful for an person to Execute, deliver or record any deed, lease or other instrument of whatsoever any nature, which would have the effect of causing a division in any realty unless and until a plat therefore has bee n prepared, approved and filed in accordance with the provisions of this Title. In the absence of compliance with said provisions, Any such instrument filed in violation to this Title shall be null, void and of no legal effect whatsoever. 4. No Requesting or accepting a building permit, certificate of occupancy or other permit or certificate shall be issued approving or authorizing the construction, remodeling, repairing or occupancy of any improvement, building or other structure upon any realty, which would have the effect of causing a division of realty, unless there has been compliance w ith all of the requirements of this Title. Page 233 of 359 13 5. Engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, agreement, or other form of authorization required to engage in such activity. B. Building Permit Required. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials, construct entrances to parking lots or commence the movin g, structural alterations, conversions, extension, enlargements, alteration or repair of any structure, including accessory structures until a building permit has been issued therefore. Section 6. Amendment of Title 16, Chapter 11, Section 2: Definition o f Words, Terms, and Phrases (B): Definition of Words, Terms, and Phrases. Title 16, Chapter 11, Section 2(B) of the Englewood Municipal Code shall be amended as follows: Page 62 B. Definition of Words, Terms, and Phrases. Adjacent: Nearby, but not necessarily touching. Adjacent/Adjoining Lot or Land: Nearby, but not necessarily touching. A lot or parcel of land that shares all or part of a common lot line with another lot o r parcel of land. Adjacent Property: Property that has a common boundary line with, or that is separated from a parcel proposed for development by public right-of-way. Condominium: A common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Contiguous: See definition of “Adjacent”. A Lot or Land is contiguous when at least one boundary line of one lot/parcel of land touches a boundary line or lines of another lot/parcel of land. Development Review Team (DRT): An ad hoc review body that conducts pre-application meetings as needed consisting of representatives from City departments as requested by the applicant or required by the City Manager or designee. The DRT provides responses to the proposed application and comments are forwarded to the applicant for consideration in a final application. Kitchen: An area within a dwelling unit equipped with such electrical or gas hook -up that would also enable the installation of a range, oven or like appliance, including microwaves, for the preparation of food and also containing either or both a refrigerator and sink. Medical Marijuana : All parts of the plant (genus) cannabis used in the treatment of debilitating medical conditions as defined in the Colorado Constitution Article XVIII, Section 14. Medical Marijuana Center: Means a person licensed pursuant to Article 11 -104 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Page 234 of 359 14 Marijuana to registered patients or Primary Care -Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana -Infused Products Manufacturer: Means a person licensed pursuant to Article 11 of title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Medical Marijuana Optional Premises Cultivation Operation : Means a person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Retail Marijuana, Marijuana ,or Marihuana: Means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana con centrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any o ther ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment. Retail Marijuana Cultivation Facility: Means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Retail Marijuana Establishment: Means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana testing facility, or a retail marijuana product manufacturing facility. Retail Marijuana Establishment Operator: Means an entity or person that is not an owner and that is licensed to provide professional operational services to a retail marijuana establishment for direct remuneration from the retail marijuana establishment. Retail Marijuana Products: Means concentrated marijuana products and marijuana produc ts that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, tinctures, and that are produced at a retail marijuana products manufacturer. Retail Marijuana Products Manufacturer: Means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Retail Marijuana Store: Means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to con sumers. Retail Marijuana Testing Facility: Means an entity licensed to analyze and certify the safety and potency of retail marijuana. Page 235 of 359 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2018-10, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING TO ) FINDINGS OF FACT AND AMENDMENTS TO THE ENGLEWOOD ) CONCLUSIONS OF THE MUNICIPAL CODE (TITLE 16, UNIFIED ) CITY PLANNING AND DEVELOPMENT CODE): TITLE 16, CHAPTER ) ZONING COMMISSION 2, SECTIONS 2, 3(G)(2), 8(E)(G)(H), 16(G) AND ) 17(C); TITLE 16, CHAPTER 5, SECTIONS 1(C); ) TITLE 16, CHAPTER 6, SECTIONS 1(A), 1(B) ) AND 1(C); TITLE 16, CHAPTER 8, SECTION 1(D); ) TITLE 16, CHAPTER 10, SECTIONS 1 AND 2, AND ) TITLE 16, CHAPTER 11, SECTION 2(B), OF THE ) ENGLEWOOD MUNICIPAL CODE. ) ) ) ) INITIATED BY: ) Community Development Department ) 1000 Englewood Parkway ) Englewood, CO 80110 ) Commission Members Present: Kinton, Freemire, Moershel, Browne, Fuller, Adams Commission Members Absent: Townley, Austin This matter was heard before the City Planning and Zoning Commission on November 19, 2019 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witness, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the Unified Development Code Housekeeping Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. Page 236 of 359 2. THAT notice of the Public Hearing was published in the Englewood Herald on November 8, 2019 and notice of the Public Hearing was on the City of Englewood’s website from November 8, 2019 through November 19, 2019. 3. THAT the staff report was made part of the record. 4. THAT the Unified Development Code was adopted in 2004 and it was the first major rewrite of the zoning and subdivision regulations in over 20 years. 5. THAT because of the size of the Unified Development Code, small oversights and errors were inevitable and would be addressed through updating amendments. 6. THAT the amendments are designed to correct omissions and provide clarity to existing regulations. 7. THAT the amendments are designed to provide consistency with the remainder of Title 16 and the Englewood Municipal Code. 8. THAT the Planning and Zoning Commission modified one amendment pertaining to planned unit developments and recommended as follows: PUD applications shall only be considered for properties equal to or greater than one (1) acre when the underlying zone of the property falls within the R-1-A, R-1- B, R-1- C, R-2-A, or R-2-B district. PUD applications shall be considered for properties equal to or greater than one half (½) acre when the underlying zone falls within any other zone district in the City. CONCLUSIONS 1. THAT the public hearing on the Unified Development Code Housekeeping Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the public hearing was published in the Englewood Herald on November 8, 2019 and notice of the Public Hearing was on the City of Englewood’s website from November 8, 2019 through November 19, 2019. 3. THAT the Unified Development Code was adopted in 2004 and it was the first major rewrite of the zoning and subdivision regulations in 20 years. 4. THAT because of the size of the Unified Development Code, small oversights and errors were inevitable and would be addressed through updating amendments. 5. THAT the amendments are designed to correct omissions and provide clarity to existing regulations. 6. THAT the amendments are designed to provide consistency with the remainder of Title 16 and the Englewood Municipal Code. Page 237 of 359 7. THAT one amendment pertaining to planned unit developments was modified at the November 19, 2019 public hearing and made part of the housekeeping amendment package to be forwarded to City Council. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2018-10 Unified Development Code Housekeeping Amendments should be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on November 19, 2019, by Browne, seconded by Moerschel, which states: MOTION TO RECOMMEND CASE 2018-10 TITLE 16 HOUSEKEEPING AMENDMENTS TO CITY COUNCIL WITH THE FOLLOWING REVISION: 1. PUD APPLICATIONS SHALL ONLY BE CONSIDERED FOR PROPERTIES EQUAL TO OR GREATER THAN ONE (1) ACRE IN THE R-1-A, R-1-B, R-1-C, R-2-A, AND R-2-B ZONE DISTRICTS. PUD APPLICATIONS SHALL BE CONSIDERED FOR PROPERTIES EQUAL TO OR GREATER THAN ONE-HALF (1/2) ACRE IN ALL OTHER ZONE DISTRICTS. AYES: Kinton, Freemire, Moershel, Browne, Fuller, Adams NAYS: None ABSTAIN: None ABSENT: Austin, Townley Motion carried. These Findings and Conclusions are effective as of the meeting on November 19, 2019 BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Michael Freemire, Vice Chair Page 238 of 359 5 _.5 .4 S '4 §‘L’3 S r:2 .1 5 it 5.‘3 §:1‘:g 3 EVANS AVE."‘8 F :1 gl. WARREN AVE.-A ILIFFAVE.J ' WESLEYAVE.,_._3 ._.‘*'* «n v.°I-In 5.‘” ‘.~“‘0':U’r.‘g 2 p.‘"°.HARVARDAVE.,.3 ‘.7,§5 3 g m 9,9,m g '5 _,:==:.§2s=3»:§Esw<~VASSARAVE. 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Land Parcels Over One Half Acre in Size —-Arterial and Collector Streets City Boundary ——Local Streets %00 Feet H ‘gvabonfqa Acl_acrenuu_2OI5 alell :a:c.n‘n.m_.1r.:c om Page 239 of 359 ZUNIST.VALLEJOST.‘TEJONST.RARITANST. EVANS AVE. E}!‘4PECOSsr. WARREN AVE. ILIFF AVE. WESLEY AVE. HARVARD AVE. VASSAR AVE. aANNoc Ksr.BROADW AY D0SHERMA N ST.LOGANsr.CLARKS ONsr.oansnsr.'ooww mc: sr.LIPANsr‘,JASON51.HURONsr IDELAWAREsr..PEARLsr.LA FAvsrrssr. YALE AVE. hf‘“FR AN KL IN 51'. AMHERSTAVE. BA TES AVE. GA YL 0RD1|UNIVERSIT Y B L V D. CORNELL A VE. s.PLATTE mvs n o n. IWILLIAMSST._.l DARTMOUTH AVE. ,'‘lr‘ I EASTMANAVE. FLOYDAVE._ ,5 v ='3 ,__l_ GIRARDAVE.-.L.»V4 5;l ‘L :1 ‘:3 P». .7-~ US.285 HAMPDEN AVE.‘‘’‘''‘'’‘l '*L I. <N -“'Aw}JEFFERSON AVE. KENYON AVE. LEHIGH AVE. MANSFIELD A VE. NASSAU AVE. OXFORD AVE. PRINCETON AVE. QUINCY AVE. RA DCLIFF A VE. E .1 C!) E‘ ItE ‘E LOWELL BL vo."IRVING sr."DECA TUR ST. STANFORD AVE. TUFTS AVE. UNION AVE. _LAVTON A vs. CHENANGO A VE. GRA ND A VE. BELLEVIEW AVE. WINDERMERE ST. CENTENNIAL AVE. 3 Land Parcels Over One Acre in Size -—Arterial and Collector Streets I —-Local Streets §.'E??lewood.-,.--<-.--v "-4-.--my-v n jvutcnlqns m_acmagu_2ova Iilall DJ:/,\-I_uneI_icn1 ad! Page 240 of 359 ;VALLEJOST.TEJONST.RARITANST. EVANS AVE. ____\1IIH3FECOSST. WARREN A VE. ILIFF AVE. WESLEY AVE. HARVARD A VE. VASS/IR AVE. LIPANsr.IAsoNsr.HURON37'HDELAWAREsr.BANNO CKsr.BROAD WAvon‘SHERM ANsr.LOGANsr.‘PEARLsr.cLARKSONsr.OGDENsr.,DOWNI NGsr. YALE AVE. AL A F A YETTEsr.~F R A N K LI N sr. AMHERST AVE. BATES AVE. E GA YLORDUNIVERSIT Y VD. CORNEL L AVE. s.PLATTE RIVE R D R. WILLIAMS sr. DARTMOUTH AVE. EASTMAN AVE. FLOYD AVE. GIRARD AVE. MS.285 HAMPDEN AVE. "‘"‘Z __;'IJEFFERSON AVE. KENYONAVE. LEHIGH AVE. NASSAU AVE. 3 4‘.5 _- §.-MANSFIELD AVEw62 Q? ,4. 5 ' I—‘‘ OXFORD AVE. PRINCETON AVE. QUINCY A VE. RADCLIFF AVE. ATFEDERAL BLVD.DECA TUR ST.1«.1IRVING ST.-% STANFORD A VE. 1,1.V-_.r,LOWELL aLvD. 5 TUFTS AVE. -UNION AVE, LAYTONAVE. CHENANGO AVE. GRAND A VE. BELLEVIEWAVE. WINDERMERE ST. CENTENNIALA VE. /uly,2018 [ii]Land Parcels Over Three Acres in Size -—Arterial and Collector Streets —-Local Streets $:‘E°r"1'g‘jlewood V,'J'Il4L.DCH I no ,-nu mum H1vuuonlqal:l_)au:qc _MI 3-F‘D|!‘r1I£v|_l|‘II:o_::vs NV Page 241 of 359 ZUNIST.:VALLEJOST.TEJONST.ARARITANST. EVANS AVE. WARREN A VE. ‘Tl ILIFF AVE. WESLEYAVE. HARVARD A VE. VASSAR AVE. LIPANST.JASONSTHURONST. YALE A VE. AMHERSTAVE. BA TES AVE. LDELAW ARE ST.BROAD WA Y00SHERMA N ST.LOGANST.PEARLST.CLARKS ON ST.OGDENST.1DOWNIN G ST.E‘‘BANNO CK $1.IIllHLA FA YE TT E ST.«V F R A N K LI N sr. CORNELL A VE. DARTMOUTH A VE. 1:WILLIAMS ST.i EASTMAN A VE. FLOYD AVE.7‘I“..'_~‘.7’GIRARD AVE.// U.S.i"85HAMPDEN AVE. ‘.JEFFERSON AVE.'k'‘‘«—--v ,._......‘..;....-.: KENYON AVE. LEHIGH AVE. MANSFIELD AVE. NASSAU AVE. ‘ oxronn AVE. PRINCETON A VE.d> 4 In E‘ Itlu I: IIIu. IRVING ST. OUINCYAVE. RA DCLIFF A VE. STANFORD AVE. TUFT5 AVE. E‘9;LOWELL BLVD. 3 UNIONA vs. LA YTON A VE. —CHENANGO AVE.L.GRAND A VE. WINDERMERE ST.' Land Parcels Over Five Acres in Size ‘City Boundary n ,.oh:Hvlgulrvl_m:vv:?9l‘_20lBal0I|'D4|lE<-I_?vcluv MI E ‘ *W".BELLEVIEWAVE. CENTENNIAL AVE. --Arterial and Collector Streets ——Local Streets GA VLORD T . Cl w-nafl?a‘J33;=.zr.., -V ;___UNIVERSIT Y B L V D . Page 242 of 359 ____________________________________________________________________________ TO: Chair Townley and Planning and Zoning Commission Members THRU: Wade Burkholder, Planning Manager FROM: John Voboril, Senior Planner DATE: March 5, 2019 SUBJECT: R-2 and R-3 Lot Width Reclassification Housekeeping Amendment Through recent inquiries from private property owners, Community Development staff have been made aware of a variation in how lot widths are classified in R-1-C zone districts versus R- 2 and R-3 zone districts. Community Development staff is providing an analysis of lot width classification to the Planning and Zoning Commission in order to determine whether a Lot Width Reclassification housekeeping amendment should be moved forward. Historical Background Beginning in the 1880’s, surveyed land subdivisions were created for agricultural lands south of the City of Denver (at the time unincorporated Arapahoe County) for sales of future building sites. The system of land subdivision employed at that time was developed for maximum flexibility in meeting the needs of prospective land buyers, who after buying lots would typically construct their own house on the property. To that end, a grid street pattern was laid out with adjoining 25 foot wide lots. In this manner, lots were typically sold in 25 foot increments, which allowed lot purchasers to customize the size of their property based on their budget and preferences. Fifty feet was the most commonly desired property width. In order to create a 50 foot lot, the purchaser would buy two 25 foot lots. However, in many instances the purchase of two 25 foot wide lots was too financially burdensome for some. In these cases, a purchaser often bought one 25 foot wide lot plus half of another 25 foot wide lot, creating a 37 ½ foot wide lot. The City of Englewood was established in 1903; when the first zoning ordinance was adopted in 1940, the 50 foot wide lot was recognized as the standard lot size for the R-3, R-2, and R-1-C zone districts. This created a gray area for what would be allowed to occur on properties that had been created in the past with less than 50 feet of width. In 2004, a new Unified Development Code (UDC) was created with the assistance of a professional code development consultant. The new UDC established the classification of Small Lot for lots that were smaller than the standard lot size. Small Lots were given a minimum lot width of 40 feet for all R-3 and R-2 zone districts, along with a minimum lot width of 37 feet for the R-1-C zone district. Community Development staff believes that in 2004 the Small Lot width was reduced from 40 to 37 feet in the R-1-C zone district due to the knowledge of multiple properties in this zone district having a lot width of 37 ½ feet. Page 243 of 359 2 The result of leaving the Small Lot minimum lot widths at 40 feet instead of 37 feet in the R-3 and R-2 zone districts was that a significant number of established properties of 37 ½ feet were classified as Urban Lots under the 2014 Urban Lot Amendment to the Unified Development Code. The minimum lot width for an Urban Lot is 25 feet. The range of widths for Urban Lots is 25 to 39.9 feet. Development of Urban Lots is subject to a Planning and Zoning Commission hearing and approval process. R-2 and R-3 Lot Width Reclassification Proposal The following chart outlines minimum lot width sizes for Standard, Small, and Urban Lot classifications: UDC MINIMUM RESIDENTIAL LOT WIDTHS IN FEET Lot Classification Zone District R-1-A R-1-B R-1-C R-2 and R-3 Standard Lot 75’ 60’ 50’ 50’ Small Lot 50’ to 74.9’ 50’ to 59.9’ 37’ to 49.9’ 40’ to 49.9’ Urban Lot 25’ to 49.9’ 25’ to 49.9’ 25’ to 36.9’ 25’ to 39.9’ The R-2 and R-3 Lot Width Reclassification Proposal would change the Small Lot definition from 40-49.9 feet to 37-49.9 feet, effectively moving a significant number of currently classified Urban Lots into the Small Lot category (137). This proposal would foster consistency for similarly sized properties across residential zone districts (R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C) that had been platted as 25 foot lots in the late nineteenth century, resulting in less confusion for both staff and the general public. Analysis Previously, analysis of lot widths was not feasible because lot width data had not been recorded in a digital format. A number of years ago, Planner John Voboril had an opportunity to hire an intern from Englewood High School to work on various GIS projects. One GIS project involved the transfer of lot width information from Arapahoe County Assessor Maps to the City’s Geographic Information System digital land parcel layer file. The City now has the capability of efficiently querying lot width information. The following chart analyzes single family and vacant lots by lot width classification. The chart calculates the current number and percentage of lots classified as Standard, Small, and Urban for each R-2 and R-3 zone district, and also provides combined totals for all 5 zone districts. The chart also calculates the number and percentage of lots classified as Standard, Small, and Urban for each R-2 and R-3 zone district that would result from reducing the Small Lot minimum lot width from 40 to 37 feet. Page 244 of 359 3 ZONE DISTRICT CURRENT LOT WIDTH CLASSIFICATIONS NO. OF SF/VACANT LOTS AND % PROPOSED LOT WIDTH CLASSIFICATIONS NO. OF SF/VACANT LOTS AND % SHIFT FROM URBAN LOT TO SMALL LOT Standard: 50+ 377 (93.8) Standard: 50+ 377 (93.8) R‐2‐A Small: 40‐49.9 6 (1.5) Small: 37‐49.9 12 (3.0) 6 Urban: 25‐39.9 19 (4.7) Urban: 25‐36.9 13 (3.2) Standard: 50+ 787 (81.0) Standard: 50+ 787 (81.0) R‐2‐B Small: 40‐49.9 36 (3.7) Small: 37‐49.9 103 (10.6) 67 Urban: 25‐39.9 149 (15.3) Urban: 25‐36.9 82 (8.4) Standard: 50+ 50 (51.5) Standard: 50+ 50 (51.5) MU‐R‐3‐A Small: 40‐49.9 3 (3.1) Small: 37‐49.9 40 (41.2) 37 Urban: 25‐39.9 44 (45.4) Urban: 25‐36.9 7 (7.2) Standard: 50+ 125 (67.9) Standard: 50+ 125 (67.9) MU‐R‐3‐B Small: 40‐49.9 22 (12.0) Small: 37‐49.9 46 (25.0) 24 Urban: 25‐39.9 37 (20.1) Urban: 25‐36.9 13 (7.1) Standard: 50+ 7 (58.3) Standard: 50+ 7 (58.3) MU‐R‐3‐C Small: 40‐49.9 1 (8.3) Small: 37‐49.9 4 (33.3) 3 Urban: 25‐39.9 4 (33.3) Urban: 25‐36.9 1 (8.3) Standard: 50+ 1346 (80.7) Standard: 50+ 1346 (80.7) COMBINED Small: 40‐49.9 68 (4.1) Small: 37‐49.9 205 (12.3) 137 Urban: 25‐39.9 253 (15.2) Urban: 25‐36.9 116 (7.0) The data shows that there are significantly more lots classified as Urban Lots as opposed to Small Lots in each R-2 and R-3 zone district. The current Small Lot classification applies to a relatively narrow slice of the total single family/vacant lot universe. Lots with a width of 40 to 49.9 feet are not nearly as common as lots with a width of 37 ½ feet. The 37 ½ feet lot is by far the most common lot size other than the Standard Lot (50 feet). Community Development staff believe that the proposed Lot Width Reclassification produces a better balance between Standard, Small, and Urban Lots, with Urban Lots representing the smallest lot size category grouping. Page 245 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: February 18, 2020 SUBJECT: CB #4 - Short Term Rental Regulations DESCRIPTION: CB #4 - Short Term Rental Regulations RECOMMENDATION: Staff recommends the City Council review and approve, on second reading, Council Bill #4 providing for Short Term Rental Regulations within the City of Englewood, with an effective date of April 1, 2020. PREVIOUS COUNCIL ACTION: On February 3, 2020, the City Council approved CB #04 on first reading, including the following amendments: 1. Clerk's error. 5-31-9(D): Filing Application; Hearing Procedure. Upon receipt by the CITY CLERK OR CLERK OF THE BOARD of any application for a waiver from Regulations, the same shall be referred to the Board, and a date, time and place for hearing thereon shall be set, which shall direct public notice thereof to b. . . 2. Amendment: 5-31-4(D)(3) For parcels containing ADUs the owner, if such owner is also the primary resident of the main residence, may obtain an STR permit for the main residence only. STRs are not permitted in ADUs. 3. Amendment: 5-31-5(F) Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that isaudible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. 4. Amendment: 5-31-4(D)(9) Parking. All STRs shall provide one parking space per bedroom. STRs lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on-street parking spaces located in front of the STR. These on-street locations shall remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter, and the location of such parking spaces (on-street, off-street). The number of bedrooms for rent may not exceed the number of available parking spaces. 5. Amendment: 5-31-3(B)(2) Proof the Subject Property is the Primary Residence of the Owner in the following zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3C. Proof of Residency requires a signed and Page 246 of 359 notarized “Proof of Residency and Ownership Affidavit” promulgated by the Englewood Department of Community Development. Any such affidavit will include an oath that all information included therein is true and correct under penalty of perjury, and shall be supported by a current State or Federal filed income tax return (with sensitive information redacted) cover page showing the primary residence and at least twoone of the following documents: motor vehicle registration, Colorado driver’s license or Colorado identification card, or voter registration. 6. Amendment: All references to the term of STRs/BBs shall be twenty-nine (29) days or less throughout the document. 7. Amendment: 5-31-1 Long Term Lease: The lease or rental of a property for longer than thirty days. A property used as a long term lease shall not simultaneously be used as a short term rental. On January 27, 2020, the City Council held a special meeting for the purpos e of studying the recommendation by Planning and Zoning to allow and regulate Short Term Rentals within the City of Englewood. At that meeting the City Council directed staff to: 1. Separate the land use provisions recommended by Planning and Zoning from the recommended regulations for Short Term Rentals into two Ordinances, Council Bill #47 and Council Bill #4; 2. Amend draft Council Bill #47, regarding amendments to Title 16, to establish the zoning districts within the City in which short term rentals will be an allowed use, in accordance with the City Council's stated directives and return the bill for First Reading at the February 3rd Regular Meeting; 3. Amend the draft Council Bill #4, regarding amendments to Title 5 to establish licensing and regulations regarding the provision of short term rentals within the City, in accordance with the City Council's stated directives and return the bill for First Reading at the February 3rd Regular Meeting. At the January 21, 2020 regular meeting, the City Council tabled the First Reading discussion until January 27th, 2020. On January 6, 2020, City Council held a public hearing on Short Term Rentals; staff presented the Planning and Zoning Commission recommendation; and Council heard from 40 speakers (30 favoring and 10 opposing short term rentals). City Council closed the public hearing and moved the item to the January 21st City Council regular meeting for First Reading. City Council directed staff to: 1. Create draft ordinances separating the land use provisions of CB #47 from the recommended regulations for Short Term Rentals. On October 21, 2019, the City Council tabled the action and referred the matter back to the Planning and Zoning Commission to provide additional recommendations regarding: enforcement provisions, permitting short term rentals in accessory dwelling units, and review for conflicts with other provisions of Title 16. Page 247 of 359 On October 7, 2019, the City Council held a public hearing on Short Term Rentals to receive public testimony. On August 26, 2019, professional staff presented information regarding the enforcement of the STR regulations and discussed the potential of hiring a third-party monitoring and compliance company. The City Council, by consensus, approved of staff's plan to hire a third-party monitoring and compliance company to begin enforcement of the existing provisions of the zoning code regarding Short Term Rentals. On July 15, 2019, the City Council held a study session to discuss Short Term Rentals. Staff presented the recommendations approved by the Planning and Zoning Commission which included both modifications to the zoning code to expand those zone districts in which Short Term Rentals would be a permitted use, and draft regulations and licensing for Short Term Rentals. SUMMARY: BACKGROUND AND ANALYSIS Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it has become a popular practice nationwide for individuals to rent out rooms, condos, or entire houses for short durations to visitors and vacationers. STRs are common in areas where hotels are expensive or other quality lodging options do not exist. In response to this increasing popularity homeof -citimany sharing, STR created have Front Range es throughout the ordinances as a way to better regulate the time, place, and manner of such uses and to provide a potential city to impacts adverse and means address effectively more to nuisances neighborhoods. The availability and popularity of STRs in Englewood have been on the rise in recent years, especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and several others. Due to the increasing popularity of STRs, the use and operation of residential dwelling units as lodging for temporary stays (especially within neighborhoods zoned for low- intensity residential uses) can potentially create impacts not anticipated by the City’s current zoning regulations. While the current Unified Development Code (UDC) regulates visitor accommodation uses such as bed and breakfast establishments, hotels, and extended stay hotels, there are no regulations which apply to STRs in residentially zoned districts. Following several years of study, and applicable public hearings, the Planning and Zoning Commission of the City of Englewood recommended expanding where Short Term Rentals are a permitted use to R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B- 1, MU-B-2 zone districts, all subject to regulations aimed at limiting potential neighborhood impacts. Please note that Title 16 currently allows various visitor accommodation uses within M-1, M-2, M-O-2, MU-B-2, and I-1 zone districts. [*Visitor accommodation uses are uses which permit stays of less than 30 days in duration.] The Planning and Zoning Commission based their recommendation in part upon recognition that short term rentals currently exist in an unregulated manner, both legally and illegally, throughout the City of Englewood. Allowing for, and regulating, Short Term Rentals would support the general health, safety, and welfare of the City by regulating the manner of provision of such services and providing the City with the means to collect sales/lodging taxes on lawfully Page 248 of 359 established STRs to underwrite the costs associated with regulation and enforcement of established standards. PLANNING AND ZONING COMMISSION On June 4, 2019, the Planning and Zoning Commission recommended, by a vote of 7-1, to forward the proposed language amendments to City Council with a favorable recommendation and the following Findings of Fact: • That Case No. 2017-03 was brought before the Planning & Zoning Commission at a Public Hearing by the City of Englewood Community Development Department on June 4, 2019; and • At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to forward a favorable recommendation for adoption of the draft STR regulations to City Council; and • That notice of the Public Hearing was published in the Englewood Herald on May 22, 2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and • That the participants in the September 20, 2018 STR Open House and the April 2, 2019 STR Forum were notified of the Public Hearing directly by email; and • That the Planning and Zoning Commission held 14 study sessions on STR regulations since May of 2017, and an STR Open House was held on September 20, 2018, from which 21 surveys were collected and analyzed; and • That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and • That the proposed STR regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. On December 3, 2019 the Planning and Zoning Commission held a public hearing to discuss Short Term Rentals; more specifically the items City Council asked to have reviewed. By a vote of 7-0 the Commission voted to recommend the following language amendments to the existing Council Bill #47: A. That the previously identified and practicing short term rentals be grandfathered, as has been the long term practice of the City. B. That Staff's recommendations be adopted, to include that a bed and breakfast use be synonymous with a short term rental. C. That Accessory Dwelling Units be permitted to be used as short term rentals. Page 249 of 359 D. That the revised short term rental text amendments include the enforcement section agreed to by Community Development and the City Attorney's office and reviewed by the Planning and Zoning Commission. E. That City Council instruct Staff to send a letter of apology to everyone who received a cease and desist Notice of Violation (NOV) letter. The Findings of Fact from this Planning and Zoning Commission meeting are attached. A summary of the information found in the existing Council Bill #47 is as follows: The Planning and Zoning Commission have developed, reviewed and submitted at public hearing these draft regulations. Following careful consideration the Planning and Zoning Commission recommends adoption by the City Council. ANALYSIS: In establishing new business licensing and operational regulations, the City must operate in conformance with applicable law. Under the Colorado Constitution, home rule municipalities have all powers necessary, requisite, or proper for the government and administration of its local and municipal matters. Englewood Municipal Charter Sections 3 and 30 provide that the City Council shall have all municipal legislative powers as conferred by general law. Both common law and C.R.S. 31-15-103 empower the City Council to establish laws necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such municipality and the inhabitants thereof. STR Permit Requirements All STRs would be subject to licensing and regulations. Step 1 requires obtaining an Operating Permit. Permit applicants would be required to provide the following information to the City and meet the following requirements prior to being issued a STR Permit: • Application and Fee; • Premises Inspection • Proof of ownership (a signed and notarized affidavit); • Signed and notarized acknowledgement of property compliance with all City Codes and Ordinances, safety checklist, and an acknowledgement that the City has the right of inspection at any reasonable time; • Waiver of liability and indemnification of the City; • Certificate of insurance; • A scale floor plan of the STR, including all levels; • A scale plan for the property showing all parking areas; • Primary owner/manager contact information, including phone numbers and addresses (both physical and email); and • A valid State of Colorado Sales Tax License and City of Englewood Sales and Use Tax License, and an Englewood Lodging License. If an STR Operating Permit is approved, it would be valid for one year and subject to renewal and reinspection on an annual basis. Page 250 of 359 STR Operating Standards All STRs must adhere to specific operating requirements. These include: • A residence used as a STR shall be the primary residence of the legal owner, except if granted a waiver to operate in a commercial/medical district; • STRs shall not exceed two adults per bedroom and may not exceed a maximum of eight occupants; • STRs shall not be rented to more than two parties under two separate contracts; • Anyone who operates a STR shall be required to obtain an Englewood Lodging License and Englewood Sales and Use Tax License pursuant to Title 5, Chapter 30, of the EMC; • All STRs will be required to comply with established life safety, noise, and property maintenance requirements; and • STRs will be required to provide one parking space per bedroom leased. STRs lacking a paved parking space in a driveway, garage, or carport would be limited to two on- street parking spaces which would not be allowed to be reserved for STR guests, thereby limiting the number of bedrooms that could lawfully be leased to two. Posting of Information within STRs The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: • A copy of the regulations and requirements regarding Short Term Rental Operating Permits; • The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; • The maximum number of persons allowed to occupy the STR; • The maximum number of vehicles allowed to park on, or in front of, the STR property; • Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; • The property address, including house number, street name and city; • A list of non-emergency numbers, including the non-emergency number of the police department; and • The location of all fire extinguishers and exits, including egress windows. Revocation of STR Permits The proposed Ordinance will also grant the City the ability to revoke STR permits for properties found to be non-compliant with the STR Ordinance or in violation of other EMC regulations. STR permits are subject to revocation proceedings following: • Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; Page 251 of 359 • Violation of any provision of the Englewood Municipal Code, City Ordinance, or state law relating to the maintenance of the permitted property operating as an STR, or a failu re to remain in compliance with all city or state sales tax regulations; • The existence of any condition, or performance of any act, which the City determines constitutes a nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. STR permits will also be terminated upon the sale of the property or if the property is transferred to another owner (STR permits are non-transferrable). STR permits will expire if the operator fails to obtain a renewal of the operating permit before its annual renewal date. If a permit has been revoked, there is a mandatory 18-month waiting period before a new STR permit application may be submitted to the Community Development Department. Enforcement The City has entered into a contract with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals. Specific enforcement language and procedures related specifically to short term rentals are included within these regulations. FINANCIAL IMPLICATIONS: If approved, the Short Term Rental process would establish a permitting/registration system which staff recommends being set at $150 per registration annually. Additionally, the operation of a short term rental would require the owner to obtain a State Sales Tax License, an Englewood Sales and Use Tax License, and Englewood Lodging License and would also require the collection and remittance of sales, use and lodging tax to the City. At this price point, the permit/registration fee would cover the City's financial cost of the third-party enforcement agency assisting with monitoring and enforcement activities. Additionally, each registered STR will collect both the sales and lodging tax rates on each rental sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the STR where the local sales tax paid is less than 3.5%. ALTERNATIVES: THE CITY COUNCIL ALTERNATIVES ARE: Approve Council Bill #4. Such action would impose licensing requirements and operating regulations upon all Short Term Rental businesses. Deny Council Bill #4. Such action would prevent the licensing and regulation of Short Term Rental businesses. ATTACHMENTS: Page 252 of 359 Council Bill #4 (redline) Zoning Map Planning and Zoning Commission Findings of Fact Page 253 of 359 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 04 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING TITLE 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING CHAPTER 31 REGARDING BUSINESS AND LICENSE REGULATIONS FOR SHORT TERM RENTALS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Englewood Municipal Charter Sections 3 and 30 provide that the City Council shall have all municipal legislative powers as conferred by general law, C.R.S. 31-15-103 empower the City Council to establish those laws necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such municipality and the inhabitants thereof; WHEREAS, the City Council desires to impose business operating requirements and regulations for short term rental businesses, including a Business Licensing requirement and establishment of applicable fees to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the adoption of Title 5, Chapter 31 to the Englewood Municipal Code regarding short term rentals as set forth herein are proper for the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 5, by adding Chapter 31. Title 5, Chapter 31 of the Englewood Municipal Code shall be amended as follows: Chapter 31 – SHORT TERM RENTALS 5-31-1: Definitions. The following definitions are applicable to this section: Page 254 of 359 2 Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Bed and Breakfast: Another term for a short term rental. The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, with or without the service of a morning meal and where the operator lives on the premises, excluding hotels, motels, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. Community Development Department (CDD). The Community Development Department of the City of Englewood. Director. Director of Community Development, or his/her designee Enforcement Officer/Premises Inspector: The provisions of this Chapter shall be administered and enforced by the City Manager of the City of Englewood, or his designee. The enforcement officer, who may be a zoning enforcement officer, building official, fire marshal, or other designee, will have all legal powers necessary to enforce this Chapter. Any appropriate enforcement officer may service as a Premises Inspector, as designated by the Director. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Hosting Platform: Any person or entity that facilitates reservations or payments between a Short-Term Rental Licensee and a person seeking lodging accommodations for a period of less than thirty (30) consecutive days. Long Term Lease: The lease or rental of a property for thirty (30) days or longer than thirty days. A property used as a long term lease shall not simultaneously be used as a short term rental. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. A long term renter is not a property owner. Owner Occupied: Means the property owner’s primary residence. A person can only have one primary residence. Permittee: The owner of the dwelling unit that has a valid STR operating permit and business license. Primary Residence: Means a residence which is the usual place of return for housing. A person can only have one primary residence. See 5-31-3 for documentation requirements. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Page 255 of 359 3 Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, with or without a morning meal, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. 5-31-2: - Business License Required. A. It shall be unlawful for any person or entity to offer or provide lodging in the form of a short term rental, with or without a morning meal, within a residential property located within the City of Englewood, without obtaining an annual Business License from the City of Englewood, in conformance with this Title. B. Prior to applying for a Business License in conformance with this Title, the applicant must have complied with each of the following: 1. The property must be zoned to allow for such use, 2. The property owner and primary resident must have a Short Term Rental Registration approved by the Department of Community Development, including Proof of Residency and Ownership Affidavit, if applicable. 3. The property owner must have a Short Term Rental Operating Permit obtained in conformance with this Chapter, bearing the signatures of all property owners and applicable Premises Inspectors. C. A Business license issued for a Short Term Rental is not assignable or transferable to any other party or any other property. A property may not be under more than two rental agreements for any fixed dates and times. Upon the sale or transfer of more than ten percent (10%) of the legal interest in a property, or the long term lease for sale of a property used as a Short Term Rental all issued Business Licenses, Rental Registrations, or Operating permits become null and void. 5-31-3: - Application for Short Term Rental Registration. A. Application Process. Each applicant for a Short Term Rental Registration shall submit an application to the City of Englewood Department of Community Development (CDD). B. Short Term Rental Registration Requirements. The Short Term Rental Registration form shall be promulgated by the CDD, and shall include the following documentation: 1. Proof of Ownership of the Subject Property Affidavit. Proof of ownership shall require a copy of a deed on file with Arapahoe County. 2. Proof the Subject Property is the Primary Residence of the Owner in the following zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3C. Proof of Residency requires a signed and notarized “Proof of Residency and Ownership Affidavit” promulgated by the Englewood Department of Community Development. Any such affidavit will include an oath that all information included therein is true and correct under penalty of perjury, and shall be supported by a current Page 256 of 359 4 State or Federal filed income tax return cover page showing the primary residence (with sensitive information redacted) and at least two one of the following documents: motor vehicle registration, Colorado driver’s license or Colorado identification card, or voter registration. 3. Signed/Approved Operating Permit. An approved operating permit in accordance with E.M.C. 5-31-4 and 5-31-5. 4. Acknowledgement of Right to Inspect. Signed acknowledgement that the City has the right of inspection of the rental premises for conformance with the City’s Life/Safety Codes at an y reasonable time. 5. Waiver of Liability. The City of Englewood assumes no responsibility for the operation of the permitted STR property. The owner(s) shall sign a waiver and release of liability, acknowledging and agreeing to indemnify and hold harmless the City of Englewood from any and all negligent acts which may occur from the renting or operation of the STR. Such indemnification shall include defending the City from any claims arising from the use of the property as an STR. The Owner(s) shall further warrant and agree to compensate the City of Englewood for any expenses incurred in any defense of any lawsuit or other action associated with the renting or operation of the STR, and which is brought against the City. 6. Certificate of Insurance. a. A Permittee shall inform his or her Insurance Company that the property covered by the Insurance Company will be used as a Short Term Rental before any Short Term Rental Transaction is processed, regardless of whether the Permittee obtains liability insurance for the Short Term Rental through that Insurance Company. The Permittee shall verify compliance with this notification requirement by executing and submitting a Insurance form affidavit provided by the CDD during the application process. b. A Permittee shall maintain liability insurance to cover use of the Short Term Rental in an amount determined appropriate by the Insurance Company insuring such Short Term Rental, but no amount of less than one million dollars ($1,000,000) in the aggregate. Such coverage shall be maintained in full force and effect for the term of the business license. Alternatively, a Permittee may elect to conduct each Short Term Rental Transaction through a Hosting Platform that provides equal or greater insurance coverage for each Short Term Rental Use, and documented upon the Insurance form affidavit. c. If the property being used as a Short Term Rental is included in a Home Owners Association, the applicant for a Short Term Rental business license shall inform the Home Owners Association that the applicant intends to use the property as a Short Term Rental prior to obtaining a Short Term Rental business license. The Permittee shall verify compliance with this notification requirement by executing Page 257 of 359 5 and submitting an HOA form affidavit provided by the CDD during the operating permit application process. 7. Floorplan. A scale floorplan of the STR, including all levels; 8. Property Plan. A scale plan for the property showing all parking areas; 9. Contact information. a. Owner. The owner shall provide a cell and/or home telephone phone number, mailing address, email address, and property address, if different from mailing address. The owner shall agree to accept service of notice of violation at such address either personally or upon posting of notice upon the property. b. Primary Contact. Each STR owner or operator shall designate a primary contact person. If the Primary Contact is not the owner(s), the Primary Contact shall be a named individual and the following information shall be provided: cell and/or home telephone number, mailing address, email address, and business address and business phone, if applicable. Any change(s) to the Primary Contact information shall be provided, in writing, to the CDD, within ten (10) days of such change(s). Failure to notify the CDD of such change is grounds for revocation of the Short Term Rental Registration and Business License. The Primary Contact shall be available on a twenty-four (24) hour basis, seven days per week, and be able to respond to any concerns from renters or City enforcement personnel. The Primary Contact may be the property owner(s) or another person employed by, authorized by, or engaged by the owner(s) to manage, rent or supervised the STR. The Primary Contact shall be able to respond to any concerns that may arise during any rental period of the STR, including the ability to access the STR in a timely manner. 10. Posting Notice. A copy of both the Short Term Rental Operating Permit and the provisions of 5-31-5 shall be conspicuously posted within the area rented for use as an STR. The visibility of the place of posting shall be confirmed with the Premises Inspector during the inspection of each premises prior to issuance of an annual operating permit. 11. Regulatory Compliance. All STRs shall meet the standards of all applicable building, electrical, plumbing and fire codes adopted or amended by the City of Englewood. 12. Additional Documentation. All other documentation referred to within this Chapter, or as required by the CDD. D. Ineligible Properties. An apartment complex comprised of rental units may not be utilized as an STR. E. Review of Short Term Rental Registration request. The City Manager, or designee, shall review each submitted Short Term Rental Registration form, and associated documentation as required by this Title and Chapter, within 30 days of receipt of any such Registration Form. Following determination that the application is complete, the registration form and Page 258 of 359 6 associated documentation shall be referred to all applicable City departments for review regarding conformance with all applicable Codes of the City of Englewood. Within 60 days following the filing of the application the applicant will be provided with a written determination of approval/disapproval of the STR Registration request. A property operating as an STR without a STR business license, rental registration and operating permit shall not be eligible to receive any such license or permit until thirty (30) days following compliance with these regulations and all applicable zoning regulations. F. Non-assignable. A Short Term Rental Registration may not be transferred or assigned to any other party or any other property. 5-31-4: Short Term Rental Operating Permit. A. STR Operating Permits Required. All STRs must have a valid and current Operating Permit. An Operating Permit shall be effective for twelve months, and shall go into effect upon the date of issuance, unless surrendered, suspended or revoked for cause. Operating Permits shall be issued by the CDD in accordance with this Chapter. B. Non-Assignable. An Operating Permit issued for a Short Term Rental may not be transferred or assigned to any other party or any other property. C. Posting the Operating Permit and Life/Safety Information. The Operating Permit shall be signed by all owner(s) of the real property used as an STR and be conspicuously posted within the area rented as an STR. Additionally, the life/safety information set forth in 5- 31-6 shall be conspicuously posted within the area rented as an STR. D. STR Operating Requirements. 1. Accountability. The STR shall be the legal responsibility of the legal owner(s) as set forth on the Application and Permit, and the owner shall agree to accept notice of violation either in person or upon posting upon the property. 2. Primary Residence. A residence used as an STR shall be the primary residence of the legal owner(s), except when a waiver of this provision has been issued by the Board of Adjustments and Appeals. 3. Accessory Dwelling Units. For parcels containing ADUs the owner, if such owner is also the primary resident of the main residence, may obtain an STR permit for the main residence only. STRs are not permitted in ADUs. 4. Maximum Occupancy per Bedroom. An STR shall not exceed two (2) adults per bedroom. 5. Maximum Occupancy of Premises. The maximum occupancy of an STR shall be eight (8) persons. 6. Prohibited Structures. No STR shall be located in any recreational vehicle, travel trailer, or temporary structure. 7. Limitation of Rental Contracts. No STR shall be under more than two simultaneous rental contracts. Page 259 of 359 7 8. Limitation on Multiple Uses. During any rental period, the STR shall not be used for any purpose (e.g. home-based business, temporary event, etc.) by the renter or owner other than for lodging purposes. 9. Parking. All STRs shall provide one parking space per bedroom. STRs lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on- street parking spaces located in front of the STR. These on-street locations shall remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter, and the location of such parking spaces (on-street, off-street). The number of bedrooms for rent may not exceed the number of available parking spaces. 10. Premises Inspection. Each property shall complete an initial premises compliance and safety check in conformance with a checklist promulgated by the CDD. Upon determination of compliance with this Chapter by the Premises Inspector, the property shall be issued a certificate of inspection. Annual premises inspections shall be completed in accordance with 5-31-5 (J). During the inspection the Premises Inspector shall verify the posting place within the premises is conspicuous. 5-31-5: Special Conditions and Restrictions of the Short Term Rental Business License. Violation of any of the following provisions may result in revocation of the Business License and Short Term Rental Registration: A. Fees. Fees associated with the issuance of the Operating Permit, Registration, Business License and any other requirements of this Chapter, shall be established by action of the Englewood City Council, and set forth within the City’s Fee and Rate Schedule. B. City Tax Certificate. The owner of any STR issued a business license by the City of Englewood must obtain a valid City of Englewood Sales Tax Certificate within thirty (30) days from the approval of the business license application; C. State Tax License The owner of any STR issued a business license by the City of Englewood must obtain a valid State of Colorado Sales Tax License within thirty (30) days from the approval of the business license application; D. Tax Liability Owners and operators of STRs shall be subject to, and responsible for, all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to incorporate and be applicable to all STRs. Failure to collect and remit all applicable sales and lodging taxes at the City, State or Federal level is grounds for revocation of the Operating Permit. E. Life Safety. All STRs shall contain the following: a minimum of one operable fire extinguisher per floor (or more if deemed necessary during the premises inspection), operable carbon monoxide detectors in all rooms used for sleeping purposes, and operable smoke detectors on each floor of the STR. An STR with living or sleeping areas within a basement area shall be equipped with egress windows and other exit systems. F. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that is audible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. Page 260 of 359 8 G. Property Maintenance. The STR property shall be properly maintained and free of loose, uncollected trash, garbage, and litter. The owner(s) or management company shall comply with all property codes of the City of Englewood. H. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum of one (1) square foot in area. The sign shall not be illuminated nor contain any animation. I. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as set forth on the application and Proof of Residency and Ownership Affidavit, and cannot be delegated to any other party. Any violations of any term or condition of this Chapter are strictly the responsibility of the owner(s), and any summons and complaint served for any violation shall be served upon the owner(s) of the STR. J. Operating Permit Renewal. All STR permits shall be renewed through the CDD on an annual basis. All renewals shall include an updated inspection of premises, including a compliance and safety check, signed by applicable code enforcement personnel, any updates to the information required for a Short Term Rental Operating Permit, and proof of payment of all renewal and permit fees. K. Change of Ownership. Any change of owner, officer, director, or holder of more than ten (10) percent of the ownership of any STR shall render such STR business license, Rental Registration, and Operating Permit null and void. L. Affidavits under Oath. All affidavits required by this Chapter shall be signed under penalty of perjury. M. Publication of Business License Number. Any Short Term Rental Permittee shall include their City of Englewood Business License number upon any advertisement to lease such property as a Short Term Rental, including upon any hosting platform, or in any other form of advertisement of the STR. 5-31-6: Posting of Life/Safety Information. The owner(s)/operator(s) shall post the following information inside the area rented as an STR in a conspicuous location for any renters/lessees: A. A copy of the regulations and requirements regarding Short Term Rental Operating Permits; B. The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; C. The maximum number of persons allowed to occupy the STR; D. The maximum number of vehicles allowed to park on, or in front of, the STR property; E. Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; F. The property address, including house number, street name and city; G. A list of non-emergency numbers, including the non-emergency number of the police department; Page 261 of 359 9 H. The location of all fire extinguishers and exits, including egress windows; and I. During the annual premises inspection, the inspector shall verify the place of posting is conspicuous to the renter(s). 5-31-7: Revocation/Termination/Surrender of Business License and Operating Permit. A. Surrender. Business Licenses, Rental Registrations, and Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as Short Term Rental. B. Termination. A termination of the Business License, Rental Registration, and Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. C. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director, or his/her designee, after written notice to the owner(s) for the following violations: 1. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter, if such term or condition is not abated in conformance with an Administrative Notice of Violation, or is deemed egregious by the Director. 2. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, if such term or condition is not abated in conformance with an Administrative Notice of Violation, or a failure to remain in compliance with all City or State sales tax regulations. 3. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or has caused damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster, if such condition or act is not abated in conformance with a Notice of Violation. 4. After a third violation of any provision of this Chapter, the Englewood Municipal Code, or applicable State or Federal law or regulation has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit and rental registration. Notice of revocation shall be conveyed to the Business Licensing Officer for revocation of the Business License. 5. Upon revocation of any Short Term Rental Business License, the licensing officer shall notify hosting platforms that the Business License has been revoked, and the period of time associated with such revocation. Page 262 of 359 10 D. Denial/Temporary Denial. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual Operating Permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. E. Term of Revocation. The owner(s) of an STR Business License, Rental Registration, and Operating Permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. F. Administrative Appeal. Any Denial, Temporary Denial, or Revocation of an STR Business License, Rental Registration or Operating Permit may be appealed to the Board of Adjustment and Appeal in accordance with the procedures set forth in Title 1, Chapter 10 of this Municipal Code. 5-31-8: Enforcement. A. Allegation of Violation of this Chapter. The Enforcement Officer shall be responsible for the enforcement of all provisions of this Chapter in association with a Short Term Rental Operating Permit and a Short Term Rental Registration, and is hereby authorized to undertake all investigations of violations of such as set forth in this Chapter, to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Chapter. Violations of the Business License shall be enforced in accordance with Chapter 1 of this Title. 1. Right of Access/Inspection. Pursuant to the terms of the Operating Permit, the Enforcement Officer has the right of access and entry upon any property operating as an STR with a valid STR business license and operating permit, at any reasonable time, and upon reasonable suspicion, to make inquiry and inspection to determine if health or safety violations exist upon the property in violation of any Title of the Englewood Municipal Code. 2. Notice of Inspection. Prior to inspection the Enforcement Officer shall provide notice of the intent to inspect to the owner(s) of the STR property. Such notice may be personally served upon the owner(s), or by posting the notice on the STR property, by mailing the notice to the owner(s) at their last known address, via U.S. Mail, postage prepaid, or by publication in a newspaper of general circulation. The Notice to Inspect shall be deemed served when personally served, posted upon the property, or upon three days from the date of mailing. 3. Contents of Notice of Inspection. The notice of inspection shall include the date and time that the notice was served, posted, or mailed, the date and time of the proposed inspection, a request that the owner(s) be present for the inspection, the name and contact information of the Enforcement Officer, and a specific statement as to each suspected violation. The property owner may contact the Enforcement Officer to seek another time for the inspection, as long as such inspection occurs within 3 business days of having received the Notice of Inspection. 4. Failure to Comply with Inspection Notice. Failure to comply with Inspection Notice, or make the property available for inspection, shall be grounds for revocation of the Business License and Operating Permit in accordance with E.M.C. 5-31-7 above. Page 263 of 359 11 B. Administrative Compliance/Notice of Violation. 1. Notice of Violation. Following inspection, or upon other evidence of non- compliance with this Chapter, the Enforcement Officer shall provide written notice of the violation(s) of this Chapter to the owner(s) of the STR premises. 2. Receipt of Notice of Violation. The notice shall be deemed received immediately when served upon the owner(s) by posting such notice on the permitted STR property, or by personally serving the notice to the owner(s) at the address provided for such service. 3. Contents of Notice of Violation. All notices shall include the following information: a. The common address or legal description of the property upon which the STR is located; b. A specific notice that the owner(s) of the property is/are in violation of the Englewood Municipal Code, specifically listing those sections of the Code of which the property is alleged to be in violation; c. An administrative order directing the owner(s), or primary contact, of the property to correct the condition within five (5) days of the date of receipt of said notice, such compliance date to be clearly stated upon the face of the notice; d. Contact information for the enforcement officer assigned to the matter; e. Notice that the administrative order may be appealed to the Board of Adjustment and Appeals in compliance with the procedures in Title 1, Chapter 10 of the Englewood Municipal Code; f. Notice that failure to comply with the administrative order, or file an appeal of such order, within the time provided upon such Notice, or extension thereof, shall result in the immediate revocation of the STR Operating Permit and Business License; and g. Notice that such violations may be subject to criminal prosecution, in addition to any administrative action or order. 4. Compliance Inspection. Within five (5) business days following receipt of the administrative notice and order, the property owner or primary contact shall contact the Enforcement Officer to schedule inspection of the property, The Enforcement Officer shall provide a compliance inspection, and shall dismiss the administrative order following a determination that the property is in compliance with the provisions of this Code. 5. Extensions of Time. The Enforcement Officer is authorized to provide one (1) extension to the administrative notice of no more than five (5) days, including weekends and holidays, following a compliance inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violation(s), and such violation(s) may be successfully remediated within such additional time. 6. Notification to Hosting Platforms of Revocation. At the end of the compliance period, or any extension thereof, if the administrative order has not been dismissed Page 264 of 359 12 by the enforcement officer, the enforcement officer shall notify the business licensing division of the City of Englewood that the business license for the STR shall be revoked pending compliance with the administrative order, and hosting platforms notified of such revocation. 7. Administrative Appeal. An administrative order may be appealed to the Board of Adjustment and Appeals in compliance with the procedures in Title 1, Chapter 10 of the Englewood Municipal Code. C. Municipal Prosecution; Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs; Appeals. 1. Municipal Search Warrant. If the owner or primary contact fails to schedule a time for the compliance inspection within five (5) business days following service of the administrative notice, the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1-7A-4 of the Englewood Municipal Code. 2. Issuance of Citation. If the Enforcement Officer has not made a determination that the property is in compliance with the Englewood Municipal Code within the time provided for compliance with the administrative notice of violation, the Enforcement Officer is authorized to issue to the owner(s) of the STR property a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter, and to take all administrative action associated with revocation of the STR Business License and Operating Permit. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. 3. Administrative/Civil Enforcement. During the pendency of the case in the Municipal Court, the City shall not be precluded from addressing the violations of this Chapter, or any other Title of the Englewood Municipal Code applicable to the STR, through administrative or civil action to bring the STR property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. The Business License and Operating License may be administratively revoked in compliance with this Chapter, in addition, to criminal prosecution. 4. Penalty Provisions. Any person found guilty by the Municipal Court of violations of this Chapter, or who enters a plea of guilty or nolo contendere, to any violation of this Chapter, or any other violation of the Englewood Municipal Code in association with the operation of a STR, shall be subject to the provisions of the General Penalty, E.M.C. 1-4-1, and shall be ordered to bring the property and/or violation into compliance before re-letting the property to any short term renters. 5. Costs. Any person convicted of a violation of this Chapter, or any other violation of the Englewood Municipal Code in association with the operation of a STR, may be assessed a fine, court costs, and all costs associated with service of any and all Notices upon the property incurred by the City in association with the enforcement of this Chapter. 6. Notification to Hosting Platforms. All hosting platforms shall be notified by the business licensing division of the City of Englewood when a short term rental’s Page 265 of 359 13 Business License/Operating Permit has been revoked, and such entities will be directed to remove the short term rental from any lists of properties advertised for rental. 7. Appeal of Convictions in Municipal Court. All appeals of convictions within the Municipal Court shall be to the District Court as provided by applicable law. 5-31-9: Waiver from Administrative Regulation(s). A. Waiver from Regulation(s). The Board of Adjustment and Appeals may, upon application from the property owner, authorize waivers from the strict application of the following provision(s) of this Chapter: 1. Requirement that a short term rental be owner occupied. NOTE: Proof the Subject Property is the Primary Residence of the Owner is only required in the following zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3C. B. Requirement for Approved Waiver. Unless an approved waiver from Regulations is on file with the City Clerk, short term rental businesses must be in compliance with all operating, registration and licensing regulations set forth within this Chapter. A waiver is not assignable to any other person/entity or transferable to any other property. It shall become null and void upon sale or transfer of the more than ten percent (10%) interest in the property. C. Form of Application. The application for waiver from Regulation(s) shall be promulgated by the Department of Community Development. Such application shall provide for the applicant to respond to each of the following waiver standards: 1. A statement of any and all special circumstances or conditions peculiar to the particular business or property owner that do not apply generally to all short term rental businesses or enterprises; and 2. An explanation of why the requested waiver will not weaken the general purposes of this Chapter as to the subject property; and 3. An explanation of how the property owner will provide alternate effective means of assuring the goals of the regulation(s) sought to be waived will be upheld, and that neither the waiver nor the alternate means of assuring regulatory compliance will alter the essential character of the district in which the short term rental is located. Examples of alternate effective means include, but are not limited to: a. Affidavit from hospital/medical facility that such STR is regularly rented in support of patient care. b. Affidavit from hospital/medical facility that such STR is monitored by such hospital/medical facility on a 24 hour basis. D. Filing Application; Hearing Procedure. Upon receipt by the City Clerk or Clerk of the Board of any application for a waiver from Regulations, the same shall be referred to the Board, and a date, time and place for hearing thereon shall be set, which shall direct public Page 266 of 359 14 notice thereof to be given in conformance with 1-10-2-6; provided, however, that the Board may authorize its Clerk to set a date, time and place for hearing upon receipt of such application in lieu of such action by the Board itself. The Board shall hold a public hearing on the proposed waiver from Regulations in conformance with Title 1, Chapter 10. E. Criteria for Approval. The Board may waive or modify any of the provisions set forth in 5-31-9(A) if it finds that applying such regulation or regulations to the short term rental is unnecessary in accordance with the criteria listed below: 1. Special circumstances or conditions peculiar to the specific STR or property owner exist that do not apply generally to all short term rental businesses or enterprises. Examples of special circumstances may include: a. property located in a district zoned for commercial or medical uses, b. property owned and managed by a medical facility/hospital, c. property owned and managed by an abutting property owner, and regularly rented in support of patient care. 2. The requested waiver from Regulation(s) will not weaken the general purposes of this Chapter. 3. The property owner will provide alternate effective means of assuring the goals of the regulation(s) sought to be waived, and such alternate means will not alter the essential character of the district in which the short term rental is located. Alternate effective means may include, but are not limited to: a. a twenty-four hour on-duty maintenance manager located within one mile of the property, b. installation of noise detection system. F. Findings of Fact and Conclusions of Law. Following such hearing, the Board shall make written findings either approving, conditionally approving, or denying the waiver from Regulation. The decision on whether to approve or deny an application for a waiver from Regulation shall be in writing, based upon substantial evidence presented at the public hearing. G. Procedure Following Approval. If the application is approved a form, as promulgated by the Department of Community Development, shall be completed by the Board and signed by the Chair of the Board, and filed with the City Clerk, setting forth the following information, and any other information necessary to proper documentation of any approval or denial of such request for a waiver of Regulation: 1. Date such waiver from Regulations becomes effective; 2. Duration of the waiver from Regulation(s); 3. Clear statement of that Regulation(s) for which a waiver has been approved; 4. Any documentation the property owner must submit to the enforcement official, and the regularity of such submission of documentation, proving the grounds for the waiver of Regulation continue to exist; and Page 267 of 359 15 5. Any additional regulations imposed upon the property owner and property to assure the waiver from Regulation(s) will not weaken the general purposes of this Chapter. H. Post Decision Remedies. Initiation of the following remedies must occur within thirty (30) days of the Board decision. For the purpose of this subsection, the Board decision shall be the vote on the waiver request. 1. Rehearing. If the applicant or an interested third party finds evidence that was not available at the time of the hearing that may materially bear on the case, a request for a rehearing may be made to the Board. The request shall be in writing and contain the following: a. A summary of the new evidence. b. The reason the evidence was not available to the Board at the original hearing. c. A statement as to why it is believed that the evidence will materially affect the decision of the Board. 2. The Board shall hear the request for rehearing and shall vote on the issue of granting a rehearing. The chairperson shall announce the Board's decision. If a rehearing is granted, a new date will be set for a public hearing and all posting and publication requirements shall apply and shall be the responsibility of the original applicant. If a rehearing is denied, the original Board decision shall stand. 3. Reconsideration. If a Board Member believes that the Board would benefit from reviewing a Board decision, a motion for reconsideration of the decision may be made. If the motion to reconsider fails, the original decision stands. If the motion to reconsider is approved, the original waiver request shall be reheard by the Board. The Board may reconsider the waiver request immediately or may continue the reconsideration to a date certain. 4. The reconsideration shall be limited to the facts presented in the original waiver request and no new evidence shall be taken. The Board may confirm, reverse, or modify the original decision. I. Appeals of Board Decisions. Appeals of final decisions of the Board may be made to the District Court pursuant to Rule 106, Colorado Rules of Civil Procedure. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Saving Clause. E.M.C. Title 1, Chapter 2, “Saving Clause” shall apply to interpretation and application of this Ordinance, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Page 268 of 359 16 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, 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. Introduced, read in full, and passed on first reading on the 3rd day of February, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of February, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of February, 2020 for thirty (30) days. Read by Title and passed on final reading on the 18th day of February, 2020. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the 20th day of February, 2020 Published by title on the City’s official website beginning on the 19th day of February, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, 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 the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Page 269 of 359 ^_ ^_SOUTHSANTAFEDR.-U.S.85WYANDOT ST. 2300 WVALLEJO ST. 2200 WUMATILLA ST. 2100 WTEJON ST. 2000 WSHOSHONE ST. 1900 WRADCLIFF DR. STANFORD AVE. TUFTSAVE. PIMLICODR.UNIONAVE. S A R A TO G A A V E . C H E N A N G O A V E . G R A N D A V E .M O N M O UTHA V E .B E L L E W O O D DR.CENTENNIAL AVE. PRENTICE AVE.LINDENDR.KEENLANDCT.TANOFORAN DR. LAYTON AVE.KING ST.KNOX CT.JULIANST.CLAY CT.HICKORYST.SOUTHSANTAFEDR.RAFFERTY GARDENS AVE. OXFORD AVE. UNION A VE.DECATUR ST.CLAY ST.MARIPOSADR.SOUTHPLATTERIVERDR.LIPAN ST.WINDERMERE ST.CORONA ST. 1100 EOGDEN ST. 1000 EDOWNING ST. 1200 EFRANKLIN ST. 1600 EMARIONST.1300ELAFAYETTE ST. 1400 EHUMBOLDT ST. 1500 EGILPIN ST. 1700 EWILLIAMS ST. 1800 EHIGH ST. 1900 ERACE ST. 2000 EVINE ST. 2100 EYORK ST. 2300 EGAYLORD ST. 2200 EEMERSON ST. 900 EWASHINGTON ST. 700 ECLARKSON ST. 800 EJEFFERSON AVE. 3600 S CHEROKEE ST. 300 WINCA ST. 900 WHURON ST. 800 WFOX ST. 600 WGRANT ST. 300 ELOGAN ST 400 ELOGAN ST 400 EBROADWAY 00LINCOLNST.100ESHERMAN ST. 200 EPENNSYLVANIA ST. 500 EACOMA ST. 100 WGRANT ST. 300 EDELAWARE ST. 400 WCHEROKEE ST. 300 WBANNOCK ST. 200 WPEARL ST. 600 EELATI ST. 500 WUNIVERSITY BLVD. 2400 E - S.H. 77GIRARD AVE. 3400 S FLOYD AVE. 3300 S EASTMAN AVE. 3200 S DARTMOUTH AVE. 3100 S CORNELL AVE. 3000 S BATES AVE. 2900 S AMHERST AVE. 2800 S YA LE AVE. 2700 S HAMPDEN AVE. 3500 S GRAND AVE. 5000 S CHENANGO AVE. 4900 S LAYTON AVE. 4800 S UNION A VE. 4700 S TUFTS AVE. 4600 S STAN FORD AVE. 4500 S RADCLIFF AVE. 4400 S QUINCY AVE. 4300 S PRINCETON AVE. 4200 S OXFORD AVE. 4100 S NASSAU AVE. 4000 S MANSFIELD AVE. 3900 S LEHIGH AVE. 3800 S KENYON AVE. 3700 S BELLEVIEW AVE. 5100 S - S.H. 88 GROVE ST. 3100 WFEDERAL BLVD. 3000 WHOOKER ST. 3200 WIRVING ST. 3300 WJULIAN ST. 3400 WILIFF AVE. 2300 S HARVARD AVE. 2500 S WESLEY AVE. 2400 S VASSAR AVE. 2600 S YALE AVE. 2700 S COLLEGE AVE. 2650 S CORNELL AVE. 3000 S WARREN AVE. 2200 S BALTIC PL. 2250 S CASPIAN PL. 2350 S BAK ER AVE. 2450 S HILLSIDE A VE. 2550 S AMHERST AVE. 2800 S LOWELL BLVD. 3600 WCLARKSON ST. 800 EPEARL ST. 600 EPENNSYLVANIA ST. 500 ELOGAN ST 400 EGRANT ST. 300 ESHERMAN ST. 200 ELINCOLNST.100EACOMA ST. 100 WWASHINGTON ST. 700 EBANNOCK ST. 200 WCHEROKEE ST. 300 WDELAWARE ST. 400 WELATI ST. 500 WFOX ST. 600 WGALAPAGO ST. 700 WBROADWAY 00WYANDOT ST.UMATILLA ST.SHOSHONE ST.KALAMATH ST. 1100 WLIPAN ST. 1200 WJASON ST. 1000 WINCA ST. 900 WHURON ST. 800 WLIPAN ST. 1200 WJASON ST. 1000 WDELAWARE ST. 400 WELATI ST. 500 WKALAMATH ST. 1100 WACOMA ST. 100 WPENNSYLVANIA ST. 500 EWASHINGTON ST. 700 ECLARKSON ST. 800 EBROADWAY 00DARTMOUTH AVE. 3100 S BATES AVE. 2900 S GALAPAGO ST. 700 WSHERMAN ST. 200 ELINCOLNST.100EPEARL ST. 600 EBANNOCK ST. 200 WI-1 R-1-A R-2-B MU-B-2 MU-B-2 R-2-A I-2 I-1 I-1 I-2 R-2-B R-1-A R-1-C B-1 I-2 R-2-A PUD-1 MU-R-3-B R-2-B M-1 MU-R-3-B R-1-A MU-R-3-B MU-B-2MU-R-3-BR-1-C I-1 R-1-C R-1-B MU-R-3-B R-2-B R-1-AR-2-BR-1-C MU-B-2R-1-A 5 7 9 6 1 2 4 3 10 12 16 17 18 20 8 I-1 I-1 MU-B-1 MU-B-1 M-1 I-1 PUD-3 I-2 PUD-4 MU-R-3-A MU-R-3-AMU-R-3-AMU-R-3-BMU-R-3-BMU-B-2 MU-B-1 R-2-B R-1-C MU-B-2 MU-R-3-B MU-R-3-AMU-R-3-AMU-B-2MU-R-3-BR-1-C R-1-C R-1-A R-2-BR-2-AMU-R-3-BMU-R-3-AMU-R-3-B R-2-B R-1-B M U-R-3-AMU-B-2R-2-BR-1-B MU-R-3-B MU-R-3-C R-1-CI-1 R-2-B PUD-2 LAFAYETTE SOUTHCORNELL PL.CIRCLECORNELL AVE.DRIVEBATES PKWY.BATES PKWY. YALE PL. AMHERST PLACE CLARK.BATES PKWY. AMHERST AVE. EASTMAN FLOYD PL. DARTMOUTH PL.VINE CT.VINE ST.GAYLORD ST.YORK STREETAVE.EASTDARTMOUTH CIRCLECORNELL CIRCLE RACE ST.EAST GIRARD PLACE PENNWOOD CIRCLECHENANGO C R.SOUTHWASH.CIRCLE BELLEWOOD DR. GRAND AVE.ELATI DR.KALAMATH DR. LIPAN DR. I NCA DR. W H IT A K E R D R .THOMAS AVE.BEVERLEY DR.TUFTS AVE.NAVAJO ST.WINDERMERE ST.STANFORD PL.STANFORDDRIVE RADCLIFF AVE. RAD. PL.JASON CT.LIPAN ST.KALAMATH ST.LIPAN COURTINCA ST.OXFORD PL. PRINCETON PL.HURON CT.QUINCY PL.LIPAN ST.NASSAU WAYMARIPOSA ST.LIPAN ST.LEHIGH PL.LIPAN ST.ITHACA AVE. JEFF.AVE.JEFF. AVE. SANTA FECIRCLE HAWTHORNE ST. 3150 WRARITAN CR.LE H O W A V E .11 KALAMATH ST.JASON ST.INCA ST.HURON ST.ZUNI ST. 2400 WFOX ST. 600 WGALAPAGO ST. 700 WENGLEWOOD PARKWAYINCA ST.GALAPGO ST.ELATI ST.R-1-B U.S. 285LIPAN ST.Pirate's CovePoolWYANDOT ST.PUD-6 PUD-5 13 19 ROB ROY RD 15GARDEN ST. 15 14 Brent MayneRockies Field CornerstoneBall Fields MU-R-3-BM-2 EnglewoodServiCenter WastewaterTreatmentPlant BishopElementarySchool Charles HayWorldSchool MalleySeniorCenter SimonCenter(EHA) OrchardPlace(EHA)CraigHospitalSwedishMedicalCenter JeffersonFire Station SafetyServices MaddoxEarly ChildhoodEducation Center EnglewoodHigh School/Middle SchoolCampus ClaytonElementarySchool CherrelynElementarySchool Colorado's FinestHigh School of Choice AllenFiltrationPlant RecreationCenter OxfordLRTStation EnglewoodLRT Station EnglewoodCivic Center AcomaFireStationCanine CorralDog Park EVANS AVE . 2100 S. ADRIATIC PL . 2150 S. PUD-8 PUD-7 PUD-10 PUD-9 PUD-11 PUD-12 I-1 I-1 PUD-13 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #23 of 2012 Baker Park Northwest Greenbelt Park Cushing Park Bates-Logan Park EmersonPark Clarkson-AmherstPark Romans Park Barde Park Miller Field Jason Park RotoloPark Southwest Greenbelt Broken Tee Golf Course Herb HosannaAthletic Complex DuncanPark BelleviewPark Cornerstone Park CentennialPark River RunTrailheadPark CreeksideExperiencePark Oxbow PointPark Northwest Greenbelt Our Lady ofLourdes Parochial SchoolSouth Campus All SoulsParochialSchool HumanexAcademy The JoshuaSchool PUD-14 ^_ ^_SOUTHSANTAFEDR.-U.S.85WYANDOT ST. 2300 WVALLEJO ST. 2200 WUMATILLA ST. 2100 WTEJON ST. 2000 WSHOSHONE ST. 1900 WRADCLIFF DR. STANFORD AVE. TUFTSAVE. PIMLICODR.UNIONAVE. S A R A TO G A A V E . C H E N A N G O A V E . G R A N D A V E .M O N M O UTHA V E .B E L L E W O O D DR.CENTENNIAL AVE. PRENTICE AVE.LINDENDR.KEENLANDCT.TANOFORAN DR. LAYTON AVE.KING ST.KNOX CT.JULIANST.CLAY CT.HICKORYST.SOUTHSANTAFEDR.RAFFERTY GARDENS AVE. OXFORD AVE. UNION A VE.DECATUR ST.CLAY ST.MARIPOSADR.SOUTHPLATTERIVERDR.LIPAN ST.WINDERMERE ST.CORONA ST. 1100 EOGDEN ST. 1000 EDOWNING ST. 1200 EFRANKLIN ST. 1600 EMARIONST.1300ELAFAYETTE ST. 1400 EHUMBOLDT ST. 1500 EGILPIN ST. 1700 EWILLIAMS ST. 1800 EHIGH ST. 1900 ERACE ST. 2000 EVINE ST. 2100 EYORK ST. 2300 EGAYLORD ST. 2200 EEMERSON ST. 900 EWASHINGTON ST. 700 ECLARKSON ST. 800 EJEFFERSON AVE. 3600 S CHEROKEE ST. 300 WINCA ST. 900 WHURON ST. 800 WFOX ST. 600 WGRANT ST. 300 ELOGAN ST 400 ELOGAN ST 400 EBROADWAY 00LINCOLNST.100ESHERMAN ST. 200 EPENNSYLVANIA ST. 500 EACOMA ST. 100 WGRANT ST. 300 EDELAWARE ST. 400 WCHEROKEE ST. 300 WBANNOCK ST. 200 WPEARL ST. 600 EELATI ST. 500 WUNIVERSITY BLVD. 2400 E - S.H. 77GIRARD AVE. 3400 S FLOYD AVE. 3300 S EASTMAN AVE. 3200 S DARTMOUTH AVE. 3100 S CORNELL AVE. 3000 S BATES AVE. 2900 S AMHERST AVE. 2800 S YA LE AVE. 2700 S HAMPDEN AVE. 3500 S GRAND AVE. 5000 S CHENANGO AVE. 4900 S LAYTON AVE. 4800 S UNION A VE. 4700 S TUFTS AVE. 4600 S STAN FORD AVE. 4500 S RADCLIFF AVE. 4400 S QUINCY AVE. 4300 S PRINCETON AVE. 4200 S OXFORD AVE. 4100 S NASSAU AVE. 4000 S MANSFIELD AVE. 3900 S LEHIGH AVE. 3800 S KENYON AVE. 3700 S BELLEVIEW AVE. 5100 S - S.H. 88 GROVE ST. 3100 WFEDERAL BLVD. 3000 WHOOKER ST. 3200 WIRVING ST. 3300 WJULIAN ST. 3400 WILIFF AVE. 2300 S HARVARD AVE. 2500 S WESLEY AVE. 2400 S VASSAR AVE. 2600 S YALE AVE. 2700 S COLLEGE AVE. 2650 S CORNELL AVE. 3000 S WARREN AVE. 2200 S BALTIC PL. 2250 S CASPIAN PL. 2350 S BAK ER AVE. 2450 S HILLSIDE A VE. 2550 S AMHERST AVE. 2800 S LOWELL BLVD. 3600 WCLARKSON ST. 800 EPEARL ST. 600 EPENNSYLVANIA ST. 500 ELOGAN ST 400 EGRANT ST. 300 ESHERMAN ST. 200 ELINCOLNST.100EACOMA ST. 100 WWASHINGTON ST. 700 EBANNOCK ST. 200 WCHEROKEE ST. 300 WDELAWARE ST. 400 WELATI ST. 500 WFOX ST. 600 WGALAPAGO ST. 700 WBROADWAY 00WYANDOT ST.UMATILLA ST.SHOSHONE ST.KALAMATH ST. 1100 WLIPAN ST. 1200 WJASON ST. 1000 WINCA ST. 900 WHURON ST. 800 WLIPAN ST. 1200 WJASON ST. 1000 WDELAWARE ST. 400 WELATI ST. 500 WKALAMATH ST. 1100 WACOMA ST. 100 WPENNSYLVANIA ST. 500 EWASHINGTON ST. 700 ECLARKSON ST. 800 EBROADWAY 00DARTMOUTH AVE. 3100 S BATES AVE. 2900 S GALAPAGO ST. 700 WSHERMAN ST. 200 ELINCOLNST.100EPEARL ST. 600 EBANNOCK ST. 200 WI-1 R-1-A R-2-B MU-B-2 MU-B-2 R-2-A I-2 I-1 I-1 I-2 R-2-B R-1-A R-1-C B-1 I-2 R-2-A PUD-1 MU-R-3-B R-2-B M-1 MU-R-3-B R-1-A MU-R-3-B MU-B-2MU-R-3-BR-1-C I-1 R-1-C R-1-B MU-R-3-B R-2-B R-1-AR-2-BR-1-C MU-B-2R-1-A 5 7 9 6 1 2 4 3 10 12 16 17 18 20 8 I-1 I-1 MU-B-1 MU-B-1 M-1 I-1 PUD-3 I-2 PUD-4 MU-R-3-A MU-R-3-AMU-R-3-AMU-R-3-BMU-R-3-BMU-B-2 MU-B-1 R-2-B R-1-C MU-B-2 MU-R-3-B MU-R-3-AMU-R-3-AMU-B-2MU-R-3-BR-1-C R-1-C R-1-A R-2-BR-2-AMU-R-3-BMU-R-3-AMU-R-3-B R-2-B R-1-B M U-R-3-AMU-B-2R-2-BR-1-B MU-R-3-B MU-R-3-C R-1-CI-1 R-2-B PUD-2 LAFAYETTE SOUTHCORNELL PL.CIRCLECORNELL AVE.DRIVEBATES PKWY.BATES PKWY. YALE PL. AMHERST PLACE CLARK.BATES PKWY. AMHERST AVE. EASTMAN FLOYD PL. DARTMOUTH PL.VINE CT.VINE ST.GAYLORD ST.YORK STREETAVE.EASTDARTMOUTH CIRCLECORNELL CIRCLE RACE ST.EAST GIRARD PLACE PENNWOOD CIRCLECHENANGO C R.SOUTHWASH.CIRCLE BELLEWOOD DR. GRAND AVE.ELATI DR.KALAMATH DR. LIPAN DR. I NCA DR. W H IT A K E R D R .THOMAS AVE.BEVERLEY DR.TUFTS AVE.NAVAJO ST.WINDERMERE ST.STANFORD PL.STANFORDDRIVE RADCLIFF AVE. RAD. PL.JASON CT.LIPAN ST.KALAMATH ST.LIPAN COURTINCA ST.OXFORD PL. PRINCETON PL.HURON CT.QUINCY PL.LIPAN ST.NASSAU WAYMARIPOSA ST.LIPAN ST.LEHIGH PL.LIPAN ST.ITHACA AVE. JEFF.AVE.JEFF. AVE. SANTA FECIRCLE HAWTHORNE ST. 3150 WRARITAN CR.LE H O W A V E .11 KALAMATH ST.JASON ST.INCA ST.HURON ST.ZUNI ST. 2400 WFOX ST. 600 WGALAPAGO ST. 700 WENGLEWOOD PARKWAYINCA ST.GALAPGO ST.ELATI ST.R-1-B U.S. 285LIPAN ST.Pirate's CovePoolWYANDOT ST.PUD-6 PUD-5 13 19 ROB ROY RD 15GARDEN ST. 15 14 Brent MayneRockies Field CornerstoneBall Fields MU-R-3-BM-2 EnglewoodServiCenter WastewaterTreatmentPlant BishopElementarySchool Charles HayWorldSchool MalleySeniorCenter SimonCenter(EHA) OrchardPlace(EHA)CraigHospitalSwedishMedicalCenter JeffersonFire Station SafetyServices MaddoxEarly ChildhoodEducation Center EnglewoodHigh School/Middle SchoolCampus ClaytonElementarySchool CherrelynElementarySchool Colorado's FinestHigh School of Choice AllenFiltrationPlant RecreationCenter OxfordLRTStation EnglewoodLRT Station EnglewoodCivic Center AcomaFireStationCanine CorralDog Park EVANS AVE . 2100 S. ADRIATIC PL . 2150 S. PUD-8 PUD-7 PUD-10 PUD-9 PUD-11 PUD-12 I-1 I-1 PUD-13 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #23 of 2012 Baker Park Northwest Greenbelt Park Cushing Park Bates-Logan Park EmersonPark Clarkson-AmherstPark Romans Park Barde Park Miller Field Jason Park RotoloPark Southwest Greenbelt Broken Tee Golf Course Herb HosannaAthletic Complex DuncanPark BelleviewPark Cornerstone Park CentennialPark River RunTrailheadPark CreeksideExperiencePark Oxbow PointPark Northwest Greenbelt Our Lady ofLourdes Parochial SchoolSouth Campus All SoulsParochialSchool HumanexAcademy The JoshuaSchool PUD-14 City of Englewood Zoning Map Ordinance No. 47, Series of 2004 Ordinance No. 52, Series of 2004 Ordinance No. 29, Series of 2009 Ordinance No. 23, Series of 2012 Ordinance No. 26, Series of 2012 Ordinance No. 49, Series of 2012 Ordinance No. 63, Series of 2012 Ordinance No. 4, Series of 2012/2013 Ordinance No. 5, Series of 2012/2013 Ordinance No. 66, Series of 2013 Ordinance No. 51, Series of 2013 Ordinance No. 66, Series of 2013 Ordinance No. 32, Series of 2014 Ordinance No. 16, Series of 2018 Last Amended Date: September, 2018 Print Date: March, 2019 I 0 1,400 2,800 4,200 Feet H:\group\gis\plots\zoning maps\udc2019color24 Z o n i n g D i s t r i c t L e g e n d 0 0.25 0.5 0.75 1 Miles Englewood Civic Center:1000 Englewood ParkwayEnglewood, CO 80110 Community Development: 303.762.2342Building Division: 303.762.235724-Hr. Inspection Request Line: 303.762.2403 M u n i c i p a l C o n t a c t I n f o r m a t i o n Adopted as Part of the Unified Development Code, 2004, Including the Following Subsequent Amendments: Zoning District Boundaries Planned Development Boundaries Public/Institutional Buildings City or School Facility/Field/P layground Multi-purpose Park Open Space South Platte River Corridor Water Bodies Street Right of Way Light Rail Transit Line ^_Light Rail Transit Stations S CLARKSON STS EMERSON STS OGDEN STS CORONA STS DOWNING STS MARION STS LAFAYETTE STS WASHINGTON STS PEARL STS PENNSYLVANIA STS LOGAN STE HAMPDEN AVE E GIRARD AVE US HWY 285 M-1 M-2 NeighborhoodPreservationOverlayNPO(Ord. No. 26 of 2012) Medical OverlayMO-2(Ord. No. 29 of 2009) Medical OverlayMO-2(Ord. No. 29 of 2009) E FLOYD AVE E EASTMAN AVE S GRANT STS SHERMAN STM-1 MU-R-3-CMU-R-3-BR-2-B PUD-14 PUD-3 MU-B-1 O v e r l a y D i s t r i c t s Even numbers are on the south and east sides of streets.Odd numbers are on the north and west sides of streets. Note on Addresses: R-1-A R-1-B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B MU-R-3-C M-1 M-2 MU-B-1 MU-B-2 I-1 I-2 PUD P U D -1 - B r o o k r i d g e S h o p p i n g C e n t e r C a s e #P U D -9 6 -0 1 (o r i g i n a l ) C a s e #P U D -9 7 -0 1 (a m e n d .)P U D -2 - E n g l e wo o d T o w n C e n t e r C a s e #P U D -9 8 -0 2PUD-3 - T h e S h o p s a t H a m p d e n a n d L o g a n C a s e #P U D -2 0 0 1 -0 2 C a s e #P U D -2 0 1 1 -0 0 2 (a m e n d .)P U D -4 - U n i v e r s i t y H o m e s C a s e #P U D -2 0 0 2 -0 1PUD-5 - E n g l e wo o d E s t a t e s , O r d . #4 7 o f 2 0 0 4 C a s e #P U D -2 0 0 3 -0 1 P l a n n e d U n i t D e v e l o p m e n t K e y P l a n n e d D e v e l o p m e n t K e y 1 - Da r tm o uth Ind us tria l P ark (P D73 2 3)2 - Eng lew oo d Exch an ge (PD8 618)3 - Walg ree ns (PD 93 13 )4 - Ch ero kee Kiva Co nd om iniu ms (PD 77 16 )5 - M urp hy Corpo r atio n (PD75 03)6 - Ti mbe r L ea (P D7 906) 7 - Biga lo w Cope l an d (PD 77 27) P U D -6 - D e n v e r S e m i n a r y , O r d. #5 2 o f 2 0 0 4 C a s e #P U D -2 0 0 4 -0 5 (o r i g i n a l ) C a s e #P U D -2 0 0 6 -0 0 0 3 (a m e n d . 1 ) C a s e #P U D -2 0 0 8 -0 1 (a m e n d . 2 ) C a s e #P U D -2 0 1 2 -0 0 2 (a m en d . 3 )P U D -7 - O x f o r d S t a t i o n , O r d . #4 9 o f 20 1 2 C a s e #P U D -2 0 1 2 -0 0 5PUD-8 - A l t a Ch e r r y H i l l s , O r d . #6 3 o f 2 0 1 2 C a s e #P U D -2 0 1 2 -0 0 3PUD-9 - W H I n v e s t o r s , O r d . #4 o f 2 0 1 2 /2 0 1 3 C a s e #P U D -2 0 1 2 -0 0 8 P U D -1 0 - S a n d C r e e k I n v e s t o r s , O r d . #5 o f 2 0 1 2 /1 3 C a s e #P U D -2 0 1 2 -0 0 7PUD-1 1 - N a v a j o A p a r t m e n t s , O r d . #5 1 o f 2 0 1 3 C a s e #P U D -2 0 1 3 -0 0 1PUD-1 2 - C h i k -F i l -A , O r d . #6 6 o f 2 0 1 3 C a s e #P U D 2 0 1 3 -0 02PUD-1 3 - L o g a n S t r e e t R e s i d e n c e s , O r d . #3 2 o f 20 1 4 C a s e #P U D -2 0 1 4 -0 0 1PUD-1 4 - S n e r y g y M e d i c a l O f f i c e B u i l d i n g , O r d . #1 6 o f 2 0 1 8 C a s e #P U D -2 0 1 8 -0 0 1 15 - S . Su bu rba n Park s a nd Rec. (PD930 8)16 - Ca mden Plac e (PD8 501 )17 - 30 0 W. Be lle v iew A ven ue (PD8 534)18 - S ou th S lop e C on do min i ums (P D8 02 0)19 - B urt (PD9 50 9)20 - The Bro ad wa y A mend men t (PD 84 31) 8 - M ario n S t ree t Villas (P D 8226 ) 9 - Chase wood s (PD852 5, PD9 5 07 )10 - P ublic St ora ge (PD8 621)11 - S pence r's Land i ng (PD8 303)12 - W aste Ma nage ment (PD920 1)13 - Dugg an Pe trole um (P D9 505 )14 - Rocky Moun tain Constr ucto rs (P D8 71 7) S y m b o l L e g e n d S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (L a r g e L o t S i z e ) S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (M e d i u m L o t S i z e ) S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (S m a l l L o t S i z e ) L o w D e n s i t y S i n g l e a n d M u l t i -D w e l l i n g U n i t R e s i d e n t i a l D i s t r i c t M e d i u m D e n s i t y S i n g l e a n d M u l t i -D w e l l i n g U n i t R e s i d e n t i a l D i s t r i c t M i x e d U s e L o w D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e M e d i u m t o H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e M e d i c a l , O f f i c e , a n d H i g h D e n s i t y R e s i d e n t i a l D i s t r i c t M i x e d U s e M e d i c a l , O f f i c e , H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e C e n t r a l B u s i n e s s D i s t r i c t M i x e d U s e G e n e r a l A r t e r i a l B u s i n e s s D i s t r i c t L i g h t I n d u s t r i a l D i s t r i c t G e n e r a l I n d u s t r i a l D i s t r i c t P l a n n e d U n i t D e v e l o p m e n t This zoning map is neither a legally recorded map nor a survey. It is intended only as a generalized visual reference. Use of thismap is not a substitute for legal description of property, zoning information, nor any other designtation of property rights.For aesthical cartographic purposes, zoning boundaries may bedepicted as extending to include portions of adjacent right of ways. Disclaimer: of the City of Englewood described in the 2004 UDC is kept on file in the Office of the Englewood City Clerk. Note: The Official Zoning Map Page 270 of 359 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2017-03, FINDINGS OF FACT,CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE TITLE 16-5-6 SHORT TERM RENTALS, TITLE 16-5-1:TABLE OF ALLOWED USES, AND 16-11-2:DEFINITION OF WORDS,TERMS AND PHRASES FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION INITIATED BY: Community Development Department City of Englewood 1000 Englewood Parkway Englewood,CO 80110 \r&a\r~—v&re-«sax/sasasax/\.r~_¢~a Commission Members Present:Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley Commission Members Absent:Moershel This matter was heard before the City Planning and Zoning Commission on Tuesday,December 3,2019 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and the public.The Commission received notice of public hearing,the staff report,four emails from the public,and a copy of the proposed amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases which were incorporated into and made a part ofthe record of the public hearing. After considering the statements of the staff and reviewing the pertinent documents,the members ofthe City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1.THAT study sessions were conducted by the Planning and Zoning Commission on: o May 16,2017,0 April 3,2018, o September 6,2017,0 May 8,2018, a September 19,2017,o July 17,2018, -January 17,2018,0 August 21,2018, o February 21,2018,0 September 18,2018, Page 271 of 359 10. 11. 12. 13. 14. 15. 0 October 2,2018,o o December 4,2018,o -January 8,2019, February 20,2019,and May 7,2019 THAT a Community Open House was held on September 20,2018,and a Community Forum was held on April 2,2019. THAT the Planning and Zoning Commission held public hearings on June 4,2019 and December 3,2019 regarding short term rental regulations. THAT notice of the Planning and Zoning Commission public hearings were published in the Englewood Herald on May 15,2019 and November 21,2019.Further,notice of the public hearings were on the City of Englewood website from May 23,2019 through June 4,2019 and November 13,2019 through December 3,2019.The public hearings were also posted on social media. THAT the Englewood City Council held study sessions on short term rentals on October 16,2017,April 1,2019,July 15,2019 and August 26,2019. THAT the Englewood City Council held a public hearing on October 7,2019 to receive public testimony,followed by a first reading on October 21,2019. THAT notice of the Englewood City Council public hearing was published in the Englewood Herald on September 26,2019.The notice was also posted on the City of Englewood website from September 18,2019 through October 21,2019.Further,the public hearings were posted on social media. THAT at the October 21,2019 first reading,City Council voted 5-2 to table the short term regulations for the amount of time necessary for Planning and Zoning Commission to review and remove ADU’s from the regulations and to create an enforcement plan. THAT the staff report and four emails were made a part of the record. THAT the revised short term rental text amendments establish permitting and operating requirements for short term rentals and identifies the R—1—A,R-1-B,R-1-C,R-2—A,R—2-B, MU—R-3—A,MU-R-3—B,MU-R-3-C,M-1,M-2,MU-B-1,MU-B-2 zone districts as suitable for the operation of short term rentals. THAT short term rentals serve the current citizenry,their investment,and their property as provided for within the Comprehensive Plan,specifically Objective Live —1.2. THAT short term rentals provide affordable housing and allows for alternative housing within the city;meeting Comprehensive Plan Objective Live —1.2. THAT short term rentals were not being discussed when the Accessory Dwelling Unit (ADU)Ordinance was studied and voted upon;therefore,there is nothing within the ADU Ordinance permitting or prohibiting short term rentals. THAT apartments are not included as an option for short term rentals due to the concern of removing too many units from the long term rental market which can skew affordability. THAT accessory dwelling units are good for short term rentals due to the property owner being on site. Page 272 of 359 16.THAT prohibiting short term rentals in accessory dwelling units creates more affordability issues. 17.THAT a shortage of hotels exists in the City of Englewood;therefore,visitors must stay in neighboring jurisdictions and support that community's tax base,ratherthan staying those funds staying in Englewood. 18.THAT short term rentals are a great opportunity to spur economic development and support local businesses. 19.THAT short term rentals provide an opportunity to maintain Englewood’s housing stock, meeting Live Objective 2.1 and Live Objective 4.5 of the Comprehensive Plan. 20.THAT short term rentals support Work Objectives 1.3,2.3,and 3.3 of the Comprehensive Plan by creating more opportunities for housing within Englewood and opportunities for citizens to use their property to supplement their income. 21.THAT the short term rental text amendments include an enforcement section,which was agreed to by the Community Development Department and the City Attorney's office,and which was reviewed by the Planning and Zoning Commission. CONCLUSIONS 1.THAT the proposed short term rental text amendments conform to the vision,goals,and objectives outlined in Englewood Fon/vard:The 2016 Englewood Comprehensive Plan 2.THAT the proposed short term rental text amendments be forwarded to City Council with a favorable recommendation for adoption with the following amendments and conditions: c That the previously identified and practicing short term rentals be grandfathered,as has been the long term practice of the city; 0 That staff’s recommendations be adopted,to include that a bed and breakfast be synonymous with a short term rental; c That city council instruct staff to send a letter of apology to everyone who received a cease and desist letter;and -That accessory dwelling units be permitted to be used as short term rentals. DECISION THEREFORE,it is the decision ofthe City Planning and Zoning Commission that Case #2017-03 amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1: Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases should be referred to the City Council with a favorable recommendation. Page 273 of 359 This decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 3,2019,by Freemire,seconded by Austin,which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. TO FORWARD THE SHORT TERM RENTAL TEXT AMENDMENTS TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION,WITH THE FOLLOWING AMENDMENTS AND CONDITIONS: .THAT THE PREVIOUSLY IDENTIFIED AND PRACTICING SHORT TERM RENTALS BE GRANDFATHERED,AS HAS BEEN THE LONG TERM PRACTICE OF THE CITY; THAT STAFF’S RECOMMENDATIONS BE ADOPTED,TO INCLUDE THAT A BED AND BREAKFAST BE SYNONYMOUS WITH A SHORT TERM RENTAL; THAT CITY COUNCIL INSTRUCT STAFF TO SEND A LETTER OF APOLOGY I TO EVERYONE WHO RECEIVED A CEASE AND DESIST LETTER;AND .THAT ACCESSORY DWELLING UNITS BE PERMITTED TO BE USED AS SHORT TERM RENTALS. Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley None None Moershel These Findings and Conclusions are effective as of the meeting on December 3,2019. BY ORDER OF THE CITY PLANNING &ZONING COMMISSION ,,1,V -CaIeTownley,Chair Page 274 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: February 18, 2020 SUBJECT: CB #47 - Establishing Zone Districts for Short Term Rental DESCRIPTION: CB #47 - Establishing Zone Districts for Short Term Rental RECOMMENDATION: Staff recommends the City Council review and approve, on second reading, Council Bill #47, establishing the zone districts within the City in which Short Term Rentals will be allowed within the City of Englewood, subject to licensing and conformance with regulation, as recommended by the Planning and Zoning Commission and amended by the City Council, with an effective date of April 1, 2020. PREVIOUS COUNCIL ACTION: On February 3, 3030, the City Council approved CB #47 on first reading, with the following amendments: 1. 16-5-6(B). Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M- O-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, and MU-B-2. 2. 16-5-6(E). Long Term Lease: The lease or rental of a property for thirty (30) days or longer than thirty days. 3. 16-5-6(E). Primary Residence: Means a residence which is the usual place of return for housing as documented by a current State or Federal filed return tax income (with residence primary the showing cover page sensitive information redacted) and at least two one of the following documents: motor vehicle registration, Colorado driver’s license or Colorado identification card, or voter registration. A person can only have one primary residence. On January 27, 2020, the City Council held a special meeting for the purpose of studying the recommendation by Planning and Zoning to allow and regulate Short Term Rentals within the City of Englewood. At that meeting the City Council directed staff to: 1. Separate the land use provisions of the recommendation from Planning and Zoning from the recommended regulations for Short Term Rentals into two Ordinances, Council Bill #47 and Council Bill #4; Page 275 of 359 2. Amend draft Council Bill #47, regarding amendments to Title 16, to establish the zone districts within the City in which Short Term Rentals will be an allowed use, in accordance with the City Council's stated directives and return the bill for First Reading at the February 3, 2020 regular meeting; 3. Amend draft Council Bill #4, regarding amendments to Title 5, to establish licensing and regulations regarding the provision of Short Term Rentals within the City, in accordance with the City Council's stated directives and return the bill for First Reading at the February 3, 2020 regular meeting. At the January 21, 2020 regular meeting, the City Council tabled the First Reading discussion until January 27, 2020. On January 6, 2020, City Council held a public hearing on Short Term Rentals; staff presented the Planning and Zoning Commission recommendation; and Council heard from 40 speakers (30 favoring and 10 opposing Short Term Rentals). City Council closed the public hearing and moved the item to the January 21, 2020 City Council regular meeting for First Reading. City Council directed staff to: 1. Create draft ordinances separating the land use provisions of CB #47 from the recommended regulations for Short Term Rentals. On October 21, 2019, the City Council tabled the action and referred the matter back to t he Planning and Zoning Commission to provide additional recommendations regarding: enforcement provisions, permitting Short Term Rentals in accessory dwelling units, and review for conflicts with other provisions of Title 16. On October 7, 2019, the City Council held a public hearing on Short Term Rentals to receive public testimony. On August 26, 2019, professional staff presented information regarding the enforcement of the STR regulations and discussed the potential of hiring a third-party monitoring and compliance company. The City Council, by consensus, approved of staff's plan to hire a third -party monitoring and compliance company to begin enforcement of the existing provisions of the zoning code regarding Short Term Rentals. On July 15, 2019, the City Council held a study session to discuss Short Term Rentals. At this study session professional staff presented the recommendations approved by the Planning and Zoning Commission which included both modifications to the zoning code to expand those zone districts in which Short Term Rentals would be a permitted use, and draft regulations and licensing for Short Term Rentals. SUMMARY: BACKGROUND AND ANALYSIS Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it has become a popular practice nationwide for individuals to rent out rooms, condos, or entire houses for short durations to visitors and vacationers. STRs are common in areas where hotels Page 276 of 359 are expensive or other quality lodging options do not exist. In response to this increasing popularity homeof -citimany sharing, STR created Range Front have es throughout the ordinances as a way to better regulate the time, place, and manner of such uses and to provide a potential city to impacts adverse and to address effectively more means nuisances neighborhoods. The availability and popularity of STRs in Englewood have been on the rise in recent years, especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and several others. Due to the increasing popularity of STRs, the use and operation of residential dwelling units as lodging for temporary stays (especially within neighborhoods zoned for low- intensity residential uses) can potentially create impacts not anticipated by the City’s current zoning regulations. While the current Unified Development Code (UDC) regulates visitor accommodation uses such as bed and breakfast establishments, hotels, and extended stay hotels, there are no regulations which apply to STRs in residentially zoned districts. Following several years of study, and applicable public hearings, the Planning and Zoning Commission of the City of Englewood recommended expanding where Short Term Rentals are a permitted use to R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B- 1, MU-B-2 zone districts, all subject to regulations aimed at limiting potential neighborhood impacts. Please note that Title 16 currently allows various visitor accommodation uses within M-1, M-2, M-O-2, MU-B-2, and I-1 zone districts. [*Visitor accommodation uses are uses which permit stays of less than 30 days in duration.] The Planning and Zoning Commission based their recommendation in part upon recognition that short term rentals currently exist in an unregulated manner, both legally and illegally, throughout the City of Englewood. Allowing for, and regulating, Short Term Rentals would support the general health, safety, and welfare of the City by regulating the manner of provision of such services and providing the City with the means to collect sales/lodging taxes on lawfully established STRs to underwrite the costs associated with regulation and enforcement of established standards. PLANNING AND ZONING COMMISSION On June 4, 2019, the Planning and Zoning Commission recommended, by a vote of 7-1, to forward the proposed language amendments to City Council with a favorable recommendation and the following Findings of Fact: • That Case No. 2017-03 was brought before the Planning & Zoning Commission at a Public Hearing by the City of Englewood Community Development Department on June 4, 2019; and • At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to forward a favorable recommendation for adoption of the draft STR regulations to City Council; and • That notice of the Public Hearing was published in the Englewood Herald on May 22, 2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and • That the participants in the September 20, 2018 STR Open House and the April 2, 2019 STR Forum were notified of the Public Hearing directly by email; and Page 277 of 359 • That the Planning and Zoning Commission held 14 study sessions on STR regulations since May of 2017, and an STR Open House was held on September 20, 2018, from which 21 surveys were collected and analyzed; and • That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and • That the proposed STR regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. On December 3, 2019 the Planning and Zoning Commission held a public hearing to discuss Short Term Rentals; more specifically the items City Council asked to have reviewed. By a vote of 7-0 the Commission voted to recommend the following language amendments to the existing Council Bill #47: A. That the previously identified and practicing short term rentals be grandfathered, as has been the long term practice of the City. B. That Staff's recommendations be adopted, to include that a bed and breakfast use be synonymous with a short term rental. C. That Accessory Dwelling Units be permitted to be used as short term rentals. D. That the revised short term rental text amendments include the enforcement section agreed to by Community Development and the City Attorney's office and reviewed by the Planning and Zoning Commission. E. That City Council instruct Staff to send a letter of apology to everyone who received a cease and desist Notice of Violation (NOV) letter. ANALYSIS: The City's Unified Development Code (UDC), Title 16 of the Englewood Municipal Code, was adopted by the City of Englewood to provide for the uniform regulation of land development in the City, in accordance with a Comprehensive Plan and established standards, procedures, and enforcement provisions to encourage and facilitate land use and the division, transfer and conveyance of land by designating and regulating the distribution and location of buildings, structures, and land for residential, commercial, industrial, recreational, or other appropriate uses. The Planning and Zoning Commission of the City of Englewood, as lawfully appointed by the City Council, recommends expanding the uses permitted within certain zoning districts to allow for short term rentals if, and only if, such short term rentals are well regulated and properly licensed. Amendments to the text of Title 16 are appropriate when "events, trends, or facts evident after adoption of the text of this Title have changed the character or condit ion of the community so as to make the proposed amendment consistent with the Comprehensive Plan, and the Page 278 of 359 amendment is necessary to promote the public health, safety, or welfare of the community." EMC 16-2-6(F)(2). Additionally, EMC 16-2-6 provides that "whenever the public necessity, convenience, health, safety, general welfare, or appropriate zoning practice justifies an amendment to any section of this Title, and after the amendment has been submitted at a public hearing for consideration and recommendation by the Commission, the Council may, after a public hearing on the proposed text amendment, change the text of this Title." The following proposed amendments were developed, reviewed, and presented at two public hearings: Allowed Zone Districts STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts: • R-1-A, R-1-B, R-1-C: Single Unit Residential • R-2-A, R-2-B: Low/Mid Density Single & Multi-Dwelling Residential • MU-R-3-A, MU-R-3-B, MU-R-3-C: Mixed Use Low/Medium Density Residential/Limited Office • M-1, M-2: Mixed Use Medical/Office/High Density Res./ Limited Retail Enforcement The City has entered into a contract with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals. Additionally, mandatory licensing provisions and health and safety regulations, as developed and revievwed by the Planning and Zoning Commission and set forth in Title 5 of the Englewood Municipal Code, will be enforced through a specific enforcement plan set forth in that Title. Bed and Breakfast Uses - In order to address potential conflict between bed and breakfast uses and short term rentals, the Planning and Zoning Commission has recommended that the two uses be synonymous with one another. The two uses are nearly identical in terms of land use, and it is recommended the same licensing provisions apply to both uses. Therefore, at First this reflect to amended be to need would #47 Bill Council existing the Reading, recommendation by the Planning and Zoning Commission, as well as a change to Section 16-5- 1 Table of Allowed Uses changing the zone district permissions of Bed and Breakfast to match that of Short Term Rentals should City Council direct those changes be incorporated into the bill.. The current definition of Bed and Breakfast states: "A specific type of visitor accommodation use. A commercial establishment operated in an owner-occupied, one-unit dwelling unit, or portion thereof (including an accessory building), that provides short-term visitor lodging Page 279 of 359 (generally stays of thirty (30) days or less), with or without the service of a morning meal only, and where the operator lives on the premises. No more than six (6) guests may be accommodated at any one time. See definition of 'Visitor Accommodation'. " The recommended definition of Bed and Breakfast states: "A Short Term Rental and specific type of visitor accommodation use. The nightly or weekly rental of a residential dwelling unit, or portion thereof (including an accessory building), ancillary to a primary living use, with or wit hout the service of a morning meal and where the operator lives on premises, excluding hotels and motels for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. No more than eight (8) guests may be accommodated at any one time. Bed and Breakfast uses must comply with the regulations stated by EMC 16-5-6." Furthermore, note that the current definition of Bed and Breakfast and the recommend definition would permit said uses in an accessory building to include accessory dwelling units (ADU's). Currently there are no business licenses for a bed and breakfast use within Englewood. Conformance with Englewood Forward Goals and Objectives The STR code amendment is in conformance with the goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan: Some of the specific objectives in the Comprehensive Plan include: Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Objective Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Objective Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single- family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal Work-2: Build, attract, and retain a quality workforce. Objective Work-2.2: Create and maintain workforce housing meeting the needs of both employers and employees. FINANCIAL IMPLICATIONS: If approved, the Short Term Rental process would establish a permitting/registration system which staff recommends being set at $150 per registration annually. Additionally, the operation of a short term rental would require the owner to obtain a State Sales Tax License, an Englewood Sales and Use Tax License, and Englewood Lodging License and would also require the collection and remittance of sales, use and lodging tax to the City. At this price point, the permit/registration fee would cover the City's financial cost of the third-party enforcement agency assisting with monitoring and enforcement activities. Page 280 of 359 Additionally, each registered STR will collect both the sales and lodging tax rates on each rental sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the STR where the local sales tax paid is less than 3.5%. ALTERNATIVES: THE CITY COUNCIL ALTERNATIVES ARE: Approve Council Bill #47. Such action would expand where Short Term Rentals are a permitted use within the City of Englewood to include R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU- R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts, all subject to conformance with licensing and regulation. Deny Council Bill #47. Such action would allow various visitor accommodations of less than thirty days to continue within M-1, M-2, M-O-2, MU-B-2, and I-1 zone districts. ATTACHMENTS: Council Bill #47 Zoning Map Planning and Zoning Commission Findings of Fact Page 281 of 359 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2019/2020 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING TITLE 16, CHAPTER 5 OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROVIDING FOR SHORT TERM RENTALS TO BECOME AN ALLOWED USE IN R-1-A, R-1-B, R- 1-C, R-2-A, R-2-B, M-1, M-O-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, AND MU-B-2 ZONING DISTRICTS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood; WHEREAS, the City Council desires to amend Title 16, Chapter 5, Section 2, and to adopt Title 16, Chapter 5, Section 6, to provide for Short Term Rentals to become an allowed use in R- 1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2 zoning districts; WHEREAS, in accordance with Englewood Municipal Code 16-2-6(F)(2) amendments to the text of Title 16 are appropriate when events, trends, or facts evident after adoption of the text of this Title have changed the character or condition of the community to make the proposed amendment consistent with the Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or welfare of the community; and WHEREAS, the Englewood City Council finds and declares that the amendments to Title 16, Chapter 5, Section 1(c), and adoption of Title 16, Chapter 5, Section 6 to the Englewood Municipal Code providing for short-term rentals as set forth herein are proper to meet the reasonable needs and desires of the City and to the promote the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 16, Chapter 5, Section 6. 16-5-6: Short Term Rentals. Page 282 of 359 2 A. A Short Term Rental (STR) is a residential dwelling unit that provides nightly or weekly rental, with or without a breakfast, of all or some portion of such dwelling unit for less than thirty days, all in accordance with all applicable laws and regulations. (See definitional section below). B. Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-O-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, and MU-B-2. C. Licensing and Permitting Required. It shall be unlawful for any person or entity to offer or provide lodging in the form of a short term rental within a residential property located within the City of Englewood in any area not zoned to allow for such use, and without having first obtained a City of Englewood Business License, Rental Registration and Operating Permit, pursuant to Title 5, Chapter 31 of the Englewood Municipal Code 2000, as amended. D. Enforcement. Enforcement of the provisions of this Section shall be in conformance with Chapter 10 of this Unified Development Code, as may be amended. E. Definitions. The following definitions are applicable to this section: Applicant: The owner(s) of the real property for which a short term rental operating permit, rental registration, and business license is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the operating permit application and the business license application. ADU: An Accessory Dwelling Unit. Bed and Breakfast: Another term for a short term rental. The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, with or without the service of a morning meal and where the operator lives on the premises, excluding hotels, motels, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. Enforcement Officer: The provisions of this Chapter shall be administered and enforced by the City Manager of the City of Englewood, or designee. The enforcement officer, who may be a zoning enforcement officer, code enforcement officer, fire inspector, or building inspector, will have all legal powers necessary to enforce this Chapter. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Hosting Platform: Any person or entity that facilitates reservations or payments between a Short-Term Rental Licensee and a person seeking lodging accommodations for a period of less than thirty (30) consecutive days. Long Term Lease: The lease or rental of a property for thirty (30) days or longer than thirty days.. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or Page 283 of 359 3 more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Section. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such person(s) are also the person(s) who sign the “Proof of Residency” affidavit. Owner Occupied: Means the property owner’s primary residence. A person can only have one primary residence. Permittee: The owner(s) of the dwelling unit that has a valid STR operating permit, rental registration, and business license. Primary Residence: Means a residence which is the usual place of return for housing as documented by a current State or Federal filed income tax return cover page showing the primary residence (with sensitive information redacted) and at least two one of the following documents: motor vehicle registration, Colorado driver’s license or Colorado identification card, or voter registration. A person can only have one primary residence. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, for less than thirty (30) days, with or without a breakfast, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 Page 284 of 359 4 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 16-6- 1.C.4 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Page 285 of 359 5 Government and City All other buildings and facilities not specified under the public/institution al uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(micro wave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Page 286 of 359 6 Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a principal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Page 287 of 359 7 Dependent Care Dependent care center (less than 24-hour care, any age) C C C C C P P P P P P P C 16-5- 2.C.7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without P P P P P P Page 288 of 359 8 outdoor operations Restaurant, with drive- through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Page 289 of 359 9 Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Antique store P P P P P P Page 290 of 359 10 Retail Sales and Service (Sales) Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Grocery/special ty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting P P P P Page 291 of 359 11 studio, recording/film studio Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not including body or fender work L P P 16-5- 2.C.4 Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Page 292 of 359 12 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P P P P P P P P P P P 16-5-6 Hotel P P P P P Hotel, extended stay P P P Short Term Rental P P P P P P P P P P P P 16-5-6 Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Page 293 of 359 13 Manufacturing, light C P P 16-5- 2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Page 294 of 359 14 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C - A A A A A A A A A A Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Page 295 of 359 15 Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Page 296 of 359 16 Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. 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 Page 297 of 359 17 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. Introduced, read in full, remand on first reading on the 3rd day of February, 2020 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of February, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of February, 2020 for thirty (30) days. Read by Title and passed on final reading on the18th day of February, 2020. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the20th day of February, 2020 Published by title on the City’s official website beginning on the 19th day of February, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, 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 the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Page 298 of 359 18 Page 299 of 359 ^_ ^_SOUTHSANTAFEDR.-U.S.85WYANDOT ST. 2300 WVALLEJO ST. 2200 WUMATILLA ST. 2100 WTEJON ST. 2000 WSHOSHONE ST. 1900 WRADCLIFF DR. STANFORD AVE. TUFTSAVE. PIMLICODR.UNIONAVE. S A R A TO G A A V E . C H E N A N G O A V E . G R A N D A V E .M O N M O UTHA V E .B E L L E W O O D DR.CENTENNIAL AVE. PRENTICE AVE.LINDENDR.KEENLANDCT.TANOFORAN DR. LAYTON AVE.KING ST.KNOX CT.JULIANST.CLAY CT.HICKORYST.SOUTHSANTAFEDR.RAFFERTY GARDENS AVE. OXFORD AVE. UNION A VE.DECATUR ST.CLAY ST.MARIPOSADR.SOUTHPLATTERIVERDR.LIPAN ST.WINDERMERE ST.CORONA ST. 1100 EOGDEN ST. 1000 EDOWNING ST. 1200 EFRANKLIN ST. 1600 EMARIONST.1300ELAFAYETTE ST. 1400 EHUMBOLDT ST. 1500 EGILPIN ST. 1700 EWILLIAMS ST. 1800 EHIGH ST. 1900 ERACE ST. 2000 EVINE ST. 2100 EYORK ST. 2300 EGAYLORD ST. 2200 EEMERSON ST. 900 EWASHINGTON ST. 700 ECLARKSON ST. 800 EJEFFERSON AVE. 3600 S CHEROKEE ST. 300 WINCA ST. 900 WHURON ST. 800 WFOX ST. 600 WGRANT ST. 300 ELOGAN ST 400 ELOGAN ST 400 EBROADWAY 00LINCOLNST.100ESHERMAN ST. 200 EPENNSYLVANIA ST. 500 EACOMA ST. 100 WGRANT ST. 300 EDELAWARE ST. 400 WCHEROKEE ST. 300 WBANNOCK ST. 200 WPEARL ST. 600 EELATI ST. 500 WUNIVERSITY BLVD. 2400 E - S.H. 77GIRARD AVE. 3400 S FLOYD AVE. 3300 S EASTMAN AVE. 3200 S DARTMOUTH AVE. 3100 S CORNELL AVE. 3000 S BATES AVE. 2900 S AMHERST AVE. 2800 S YA LE AVE. 2700 S HAMPDEN AVE. 3500 S GRAND AVE. 5000 S CHENANGO AVE. 4900 S LAYTON AVE. 4800 S UNION A VE. 4700 S TUFTS AVE. 4600 S STAN FORD AVE. 4500 S RADCLIFF AVE. 4400 S QUINCY AVE. 4300 S PRINCETON AVE. 4200 S OXFORD AVE. 4100 S NASSAU AVE. 4000 S MANSFIELD AVE. 3900 S LEHIGH AVE. 3800 S KENYON AVE. 3700 S BELLEVIEW AVE. 5100 S - S.H. 88 GROVE ST. 3100 WFEDERAL BLVD. 3000 WHOOKER ST. 3200 WIRVING ST. 3300 WJULIAN ST. 3400 WILIFF AVE. 2300 S HARVARD AVE. 2500 S WESLEY AVE. 2400 S VASSAR AVE. 2600 S YALE AVE. 2700 S COLLEGE AVE. 2650 S CORNELL AVE. 3000 S WARREN AVE. 2200 S BALTIC PL. 2250 S CASPIAN PL. 2350 S BAK ER AVE. 2450 S HILLSIDE A VE. 2550 S AMHERST AVE. 2800 S LOWELL BLVD. 3600 WCLARKSON ST. 800 EPEARL ST. 600 EPENNSYLVANIA ST. 500 ELOGAN ST 400 EGRANT ST. 300 ESHERMAN ST. 200 ELINCOLNST.100EACOMA ST. 100 WWASHINGTON ST. 700 EBANNOCK ST. 200 WCHEROKEE ST. 300 WDELAWARE ST. 400 WELATI ST. 500 WFOX ST. 600 WGALAPAGO ST. 700 WBROADWAY 00WYANDOT ST.UMATILLA ST.SHOSHONE ST.KALAMATH ST. 1100 WLIPAN ST. 1200 WJASON ST. 1000 WINCA ST. 900 WHURON ST. 800 WLIPAN ST. 1200 WJASON ST. 1000 WDELAWARE ST. 400 WELATI ST. 500 WKALAMATH ST. 1100 WACOMA ST. 100 WPENNSYLVANIA ST. 500 EWASHINGTON ST. 700 ECLARKSON ST. 800 EBROADWAY 00DARTMOUTH AVE. 3100 S BATES AVE. 2900 S GALAPAGO ST. 700 WSHERMAN ST. 200 ELINCOLNST.100EPEARL ST. 600 EBANNOCK ST. 200 WI-1 R-1-A R-2-B MU-B-2 MU-B-2 R-2-A I-2 I-1 I-1 I-2 R-2-B R-1-A R-1-C B-1 I-2 R-2-A PUD-1 MU-R-3-B R-2-B M-1 MU-R-3-B R-1-A MU-R-3-B MU-B-2MU-R-3-BR-1-C I-1 R-1-C R-1-B MU-R-3-B R-2-B R-1-AR-2-BR-1-C MU-B-2R-1-A 5 7 9 6 1 2 4 3 10 12 16 17 18 20 8 I-1 I-1 MU-B-1 MU-B-1 M-1 I-1 PUD-3 I-2 PUD-4 MU-R-3-A MU-R-3-AMU-R-3-AMU-R-3-BMU-R-3-BMU-B-2 MU-B-1 R-2-B R-1-C MU-B-2 MU-R-3-B MU-R-3-AMU-R-3-AMU-B-2MU-R-3-BR-1-C R-1-C R-1-A R-2-BR-2-AMU-R-3-BMU-R-3-AMU-R-3-B R-2-B R-1-B M U-R-3-AMU-B-2R-2-BR-1-B MU-R-3-B MU-R-3-C R-1-CI-1 R-2-B PUD-2 LAFAYETTE SOUTHCORNELL PL.CIRCLECORNELL AVE.DRIVEBATES PKWY.BATES PKWY. YALE PL. AMHERST PLACE CLARK.BATES PKWY. AMHERST AVE. EASTMAN FLOYD PL. DARTMOUTH PL.VINE CT.VINE ST.GAYLORD ST.YORK STREETAVE.EASTDARTMOUTH CIRCLECORNELL CIRCLE RACE ST.EAST GIRARD PLACE PENNWOOD CIRCLECHENANGO C R.SOUTHWASH.CIRCLE BELLEWOOD DR. GRAND AVE.ELATI DR.KALAMATH DR. LIPAN DR. I NCA DR. W H IT A K E R D R .THOMAS AVE.BEVERLEY DR.TUFTS AVE.NAVAJO ST.WINDERMERE ST.STANFORD PL.STANFORDDRIVE RADCLIFF AVE. RAD. PL.JASON CT.LIPAN ST.KALAMATH ST.LIPAN COURTINCA ST.OXFORD PL. PRINCETON PL.HURON CT.QUINCY PL.LIPAN ST.NASSAU WAYMARIPOSA ST.LIPAN ST.LEHIGH PL.LIPAN ST.ITHACA AVE. JEFF.AVE.JEFF. AVE. SANTA FECIRCLE HAWTHORNE ST. 3150 WRARITAN CR.LE H O W A V E .11 KALAMATH ST.JASON ST.INCA ST.HURON ST.ZUNI ST. 2400 WFOX ST. 600 WGALAPAGO ST. 700 WENGLEWOOD PARKWAYINCA ST.GALAPGO ST.ELATI ST.R-1-B U.S. 285LIPAN ST.Pirate's CovePoolWYANDOT ST.PUD-6 PUD-5 13 19 ROB ROY RD 15GARDEN ST. 15 14 Brent MayneRockies Field CornerstoneBall Fields MU-R-3-BM-2 EnglewoodServiCenter WastewaterTreatmentPlant BishopElementarySchool Charles HayWorldSchool MalleySeniorCenter SimonCenter(EHA) OrchardPlace(EHA)CraigHospitalSwedishMedicalCenter JeffersonFire Station SafetyServices MaddoxEarly ChildhoodEducation Center EnglewoodHigh School/Middle SchoolCampus ClaytonElementarySchool CherrelynElementarySchool Colorado's FinestHigh School of Choice AllenFiltrationPlant RecreationCenter OxfordLRTStation EnglewoodLRT Station EnglewoodCivic Center AcomaFireStationCanine CorralDog Park EVANS AVE . 2100 S. ADRIATIC PL . 2150 S. PUD-8 PUD-7 PUD-10 PUD-9 PUD-11 PUD-12 I-1 I-1 PUD-13 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #23 of 2012 Baker Park Northwest Greenbelt Park Cushing Park Bates-Logan Park EmersonPark Clarkson-AmherstPark Romans Park Barde Park Miller Field Jason Park RotoloPark Southwest Greenbelt Broken Tee Golf Course Herb HosannaAthletic Complex DuncanPark BelleviewPark Cornerstone Park CentennialPark River RunTrailheadPark CreeksideExperiencePark Oxbow PointPark Northwest Greenbelt Our Lady ofLourdes Parochial SchoolSouth Campus All SoulsParochialSchool HumanexAcademy The JoshuaSchool PUD-14 ^_ ^_SOUTHSANTAFEDR.-U.S.85WYANDOT ST. 2300 WVALLEJO ST. 2200 WUMATILLA ST. 2100 WTEJON ST. 2000 WSHOSHONE ST. 1900 WRADCLIFF DR. STANFORD AVE. TUFTSAVE. PIMLICODR.UNIONAVE. S A R A TO G A A V E . C H E N A N G O A V E . G R A N D A V E .M O N M O UTHA V E .B E L L E W O O D DR.CENTENNIAL AVE. PRENTICE AVE.LINDENDR.KEENLANDCT.TANOFORAN DR. LAYTON AVE.KING ST.KNOX CT.JULIANST.CLAY CT.HICKORYST.SOUTHSANTAFEDR.RAFFERTY GARDENS AVE. OXFORD AVE. UNION A VE.DECATUR ST.CLAY ST.MARIPOSADR.SOUTHPLATTERIVERDR.LIPAN ST.WINDERMERE ST.CORONA ST. 1100 EOGDEN ST. 1000 EDOWNING ST. 1200 EFRANKLIN ST. 1600 EMARIONST.1300ELAFAYETTE ST. 1400 EHUMBOLDT ST. 1500 EGILPIN ST. 1700 EWILLIAMS ST. 1800 EHIGH ST. 1900 ERACE ST. 2000 EVINE ST. 2100 EYORK ST. 2300 EGAYLORD ST. 2200 EEMERSON ST. 900 EWASHINGTON ST. 700 ECLARKSON ST. 800 EJEFFERSON AVE. 3600 S CHEROKEE ST. 300 WINCA ST. 900 WHURON ST. 800 WFOX ST. 600 WGRANT ST. 300 ELOGAN ST 400 ELOGAN ST 400 EBROADWAY 00LINCOLNST.100ESHERMAN ST. 200 EPENNSYLVANIA ST. 500 EACOMA ST. 100 WGRANT ST. 300 EDELAWARE ST. 400 WCHEROKEE ST. 300 WBANNOCK ST. 200 WPEARL ST. 600 EELATI ST. 500 WUNIVERSITY BLVD. 2400 E - S.H. 77GIRARD AVE. 3400 S FLOYD AVE. 3300 S EASTMAN AVE. 3200 S DARTMOUTH AVE. 3100 S CORNELL AVE. 3000 S BATES AVE. 2900 S AMHERST AVE. 2800 S YA LE AVE. 2700 S HAMPDEN AVE. 3500 S GRAND AVE. 5000 S CHENANGO AVE. 4900 S LAYTON AVE. 4800 S UNION A VE. 4700 S TUFTS AVE. 4600 S STAN FORD AVE. 4500 S RADCLIFF AVE. 4400 S QUINCY AVE. 4300 S PRINCETON AVE. 4200 S OXFORD AVE. 4100 S NASSAU AVE. 4000 S MANSFIELD AVE. 3900 S LEHIGH AVE. 3800 S KENYON AVE. 3700 S BELLEVIEW AVE. 5100 S - S.H. 88 GROVE ST. 3100 WFEDERAL BLVD. 3000 WHOOKER ST. 3200 WIRVING ST. 3300 WJULIAN ST. 3400 WILIFF AVE. 2300 S HARVARD AVE. 2500 S WESLEY AVE. 2400 S VASSAR AVE. 2600 S YALE AVE. 2700 S COLLEGE AVE. 2650 S CORNELL AVE. 3000 S WARREN AVE. 2200 S BALTIC PL. 2250 S CASPIAN PL. 2350 S BAK ER AVE. 2450 S HILLSIDE A VE. 2550 S AMHERST AVE. 2800 S LOWELL BLVD. 3600 WCLARKSON ST. 800 EPEARL ST. 600 EPENNSYLVANIA ST. 500 ELOGAN ST 400 EGRANT ST. 300 ESHERMAN ST. 200 ELINCOLNST.100EACOMA ST. 100 WWASHINGTON ST. 700 EBANNOCK ST. 200 WCHEROKEE ST. 300 WDELAWARE ST. 400 WELATI ST. 500 WFOX ST. 600 WGALAPAGO ST. 700 WBROADWAY 00WYANDOT ST.UMATILLA ST.SHOSHONE ST.KALAMATH ST. 1100 WLIPAN ST. 1200 WJASON ST. 1000 WINCA ST. 900 WHURON ST. 800 WLIPAN ST. 1200 WJASON ST. 1000 WDELAWARE ST. 400 WELATI ST. 500 WKALAMATH ST. 1100 WACOMA ST. 100 WPENNSYLVANIA ST. 500 EWASHINGTON ST. 700 ECLARKSON ST. 800 EBROADWAY 00DARTMOUTH AVE. 3100 S BATES AVE. 2900 S GALAPAGO ST. 700 WSHERMAN ST. 200 ELINCOLNST.100EPEARL ST. 600 EBANNOCK ST. 200 WI-1 R-1-A R-2-B MU-B-2 MU-B-2 R-2-A I-2 I-1 I-1 I-2 R-2-B R-1-A R-1-C B-1 I-2 R-2-A PUD-1 MU-R-3-B R-2-B M-1 MU-R-3-B R-1-A MU-R-3-B MU-B-2MU-R-3-BR-1-C I-1 R-1-C R-1-B MU-R-3-B R-2-B R-1-AR-2-BR-1-C MU-B-2R-1-A 5 7 9 6 1 2 4 3 10 12 16 17 18 20 8 I-1 I-1 MU-B-1 MU-B-1 M-1 I-1 PUD-3 I-2 PUD-4 MU-R-3-A MU-R-3-AMU-R-3-AMU-R-3-BMU-R-3-BMU-B-2 MU-B-1 R-2-B R-1-C MU-B-2 MU-R-3-B MU-R-3-AMU-R-3-AMU-B-2MU-R-3-BR-1-C R-1-C R-1-A R-2-BR-2-AMU-R-3-BMU-R-3-AMU-R-3-B R-2-B R-1-B M U-R-3-AMU-B-2R-2-BR-1-B MU-R-3-B MU-R-3-C R-1-CI-1 R-2-B PUD-2 LAFAYETTE SOUTHCORNELL PL.CIRCLECORNELL AVE.DRIVEBATES PKWY.BATES PKWY. YALE PL. AMHERST PLACE CLARK.BATES PKWY. AMHERST AVE. EASTMAN FLOYD PL. DARTMOUTH PL.VINE CT.VINE ST.GAYLORD ST.YORK STREETAVE.EASTDARTMOUTH CIRCLECORNELL CIRCLE RACE ST.EAST GIRARD PLACE PENNWOOD CIRCLECHENANGO C R.SOUTHWASH.CIRCLE BELLEWOOD DR. GRAND AVE.ELATI DR.KALAMATH DR. LIPAN DR. I NCA DR. W H IT A K E R D R .THOMAS AVE.BEVERLEY DR.TUFTS AVE.NAVAJO ST.WINDERMERE ST.STANFORD PL.STANFORDDRIVE RADCLIFF AVE. RAD. PL.JASON CT.LIPAN ST.KALAMATH ST.LIPAN COURTINCA ST.OXFORD PL. PRINCETON PL.HURON CT.QUINCY PL.LIPAN ST.NASSAU WAYMARIPOSA ST.LIPAN ST.LEHIGH PL.LIPAN ST.ITHACA AVE. JEFF.AVE.JEFF. AVE. SANTA FECIRCLE HAWTHORNE ST. 3150 WRARITAN CR.LE H O W A V E .11 KALAMATH ST.JASON ST.INCA ST.HURON ST.ZUNI ST. 2400 WFOX ST. 600 WGALAPAGO ST. 700 WENGLEWOOD PARKWAYINCA ST.GALAPGO ST.ELATI ST.R-1-B U.S. 285LIPAN ST.Pirate's CovePoolWYANDOT ST.PUD-6 PUD-5 13 19 ROB ROY RD 15GARDEN ST. 15 14 Brent MayneRockies Field CornerstoneBall Fields MU-R-3-BM-2 EnglewoodServiCenter WastewaterTreatmentPlant BishopElementarySchool Charles HayWorldSchool MalleySeniorCenter SimonCenter(EHA) OrchardPlace(EHA)CraigHospitalSwedishMedicalCenter JeffersonFire Station SafetyServices MaddoxEarly ChildhoodEducation Center EnglewoodHigh School/Middle SchoolCampus ClaytonElementarySchool CherrelynElementarySchool Colorado's FinestHigh School of Choice AllenFiltrationPlant RecreationCenter OxfordLRTStation EnglewoodLRT Station EnglewoodCivic Center AcomaFireStationCanine CorralDog Park EVANS AVE . 2100 S. ADRIATIC PL . 2150 S. PUD-8 PUD-7 PUD-10 PUD-9 PUD-11 PUD-12 I-1 I-1 PUD-13 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #29 of 2009 Ord. #23 of 2012 Baker Park Northwest Greenbelt Park Cushing Park Bates-Logan Park EmersonPark Clarkson-AmherstPark Romans Park Barde Park Miller Field Jason Park RotoloPark Southwest Greenbelt Broken Tee Golf Course Herb HosannaAthletic Complex DuncanPark BelleviewPark Cornerstone Park CentennialPark River RunTrailheadPark CreeksideExperiencePark Oxbow PointPark Northwest Greenbelt Our Lady ofLourdes Parochial SchoolSouth Campus All SoulsParochialSchool HumanexAcademy The JoshuaSchool PUD-14 City of Englewood Zoning Map Ordinance No. 47, Series of 2004 Ordinance No. 52, Series of 2004 Ordinance No. 29, Series of 2009 Ordinance No. 23, Series of 2012 Ordinance No. 26, Series of 2012 Ordinance No. 49, Series of 2012 Ordinance No. 63, Series of 2012 Ordinance No. 4, Series of 2012/2013 Ordinance No. 5, Series of 2012/2013 Ordinance No. 66, Series of 2013 Ordinance No. 51, Series of 2013 Ordinance No. 66, Series of 2013 Ordinance No. 32, Series of 2014 Ordinance No. 16, Series of 2018 Last Amended Date: September, 2018 Print Date: March, 2019 I 0 1,400 2,800 4,200 Feet H:\group\gis\plots\zoning maps\udc2019color24 Z o n i n g D i s t r i c t L e g e n d 0 0.25 0.5 0.75 1 Miles Englewood Civic Center:1000 Englewood ParkwayEnglewood, CO 80110 Community Development: 303.762.2342Building Division: 303.762.235724-Hr. Inspection Request Line: 303.762.2403 M u n i c i p a l C o n t a c t I n f o r m a t i o n Adopted as Part of the Unified Development Code, 2004, Including the Following Subsequent Amendments: Zoning District Boundaries Planned Development Boundaries Public/Institutional Buildings City or School Facility/Field/P layground Multi-purpose Park Open Space South Platte River Corridor Water Bodies Street Right of Way Light Rail Transit Line ^_Light Rail Transit Stations S CLARKSON STS EMERSON STS OGDEN STS CORONA STS DOWNING STS MARION STS LAFAYETTE STS WASHINGTON STS PEARL STS PENNSYLVANIA STS LOGAN STE HAMPDEN AVE E GIRARD AVE US HWY 285 M-1 M-2 NeighborhoodPreservationOverlayNPO(Ord. No. 26 of 2012) Medical OverlayMO-2(Ord. No. 29 of 2009) Medical OverlayMO-2(Ord. No. 29 of 2009) E FLOYD AVE E EASTMAN AVE S GRANT STS SHERMAN STM-1 MU-R-3-CMU-R-3-BR-2-B PUD-14 PUD-3 MU-B-1 O v e r l a y D i s t r i c t s Even numbers are on the south and east sides of streets.Odd numbers are on the north and west sides of streets. Note on Addresses: R-1-A R-1-B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B MU-R-3-C M-1 M-2 MU-B-1 MU-B-2 I-1 I-2 PUD P U D -1 - B r o o k r i d g e S h o p p i n g C e n t e r C a s e #P U D -9 6 -0 1 (o r i g i n a l ) C a s e #P U D -9 7 -0 1 (a m e n d .)P U D -2 - E n g l e wo o d T o w n C e n t e r C a s e #P U D -9 8 -0 2PUD-3 - T h e S h o p s a t H a m p d e n a n d L o g a n C a s e #P U D -2 0 0 1 -0 2 C a s e #P U D -2 0 1 1 -0 0 2 (a m e n d .)P U D -4 - U n i v e r s i t y H o m e s C a s e #P U D -2 0 0 2 -0 1PUD-5 - E n g l e wo o d E s t a t e s , O r d . #4 7 o f 2 0 0 4 C a s e #P U D -2 0 0 3 -0 1 P l a n n e d U n i t D e v e l o p m e n t K e y P l a n n e d D e v e l o p m e n t K e y 1 - Da r tm o uth Ind us tria l P ark (P D73 2 3)2 - Eng lew oo d Exch an ge (PD8 618)3 - Walg ree ns (PD 93 13 )4 - Ch ero kee Kiva Co nd om iniu ms (PD 77 16 )5 - M urp hy Corpo r atio n (PD75 03)6 - Ti mbe r L ea (P D7 906) 7 - Biga lo w Cope l an d (PD 77 27) P U D -6 - D e n v e r S e m i n a r y , O r d. #5 2 o f 2 0 0 4 C a s e #P U D -2 0 0 4 -0 5 (o r i g i n a l ) C a s e #P U D -2 0 0 6 -0 0 0 3 (a m e n d . 1 ) C a s e #P U D -2 0 0 8 -0 1 (a m e n d . 2 ) C a s e #P U D -2 0 1 2 -0 0 2 (a m en d . 3 )P U D -7 - O x f o r d S t a t i o n , O r d . #4 9 o f 20 1 2 C a s e #P U D -2 0 1 2 -0 0 5PUD-8 - A l t a Ch e r r y H i l l s , O r d . #6 3 o f 2 0 1 2 C a s e #P U D -2 0 1 2 -0 0 3PUD-9 - W H I n v e s t o r s , O r d . #4 o f 2 0 1 2 /2 0 1 3 C a s e #P U D -2 0 1 2 -0 0 8 P U D -1 0 - S a n d C r e e k I n v e s t o r s , O r d . #5 o f 2 0 1 2 /1 3 C a s e #P U D -2 0 1 2 -0 0 7PUD-1 1 - N a v a j o A p a r t m e n t s , O r d . #5 1 o f 2 0 1 3 C a s e #P U D -2 0 1 3 -0 0 1PUD-1 2 - C h i k -F i l -A , O r d . #6 6 o f 2 0 1 3 C a s e #P U D 2 0 1 3 -0 02PUD-1 3 - L o g a n S t r e e t R e s i d e n c e s , O r d . #3 2 o f 20 1 4 C a s e #P U D -2 0 1 4 -0 0 1PUD-1 4 - S n e r y g y M e d i c a l O f f i c e B u i l d i n g , O r d . #1 6 o f 2 0 1 8 C a s e #P U D -2 0 1 8 -0 0 1 15 - S . Su bu rba n Park s a nd Rec. (PD930 8)16 - Ca mden Plac e (PD8 501 )17 - 30 0 W. Be lle v iew A ven ue (PD8 534)18 - S ou th S lop e C on do min i ums (P D8 02 0)19 - B urt (PD9 50 9)20 - The Bro ad wa y A mend men t (PD 84 31) 8 - M ario n S t ree t Villas (P D 8226 ) 9 - Chase wood s (PD852 5, PD9 5 07 )10 - P ublic St ora ge (PD8 621)11 - S pence r's Land i ng (PD8 303)12 - W aste Ma nage ment (PD920 1)13 - Dugg an Pe trole um (P D9 505 )14 - Rocky Moun tain Constr ucto rs (P D8 71 7) S y m b o l L e g e n d S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (L a r g e L o t S i z e ) S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (M e d i u m L o t S i z e ) S i n g l e U n i t R e s i d e n t i a l D i s t r i c t (S m a l l L o t S i z e ) L o w D e n s i t y S i n g l e a n d M u l t i -D w e l l i n g U n i t R e s i d e n t i a l D i s t r i c t M e d i u m D e n s i t y S i n g l e a n d M u l t i -D w e l l i n g U n i t R e s i d e n t i a l D i s t r i c t M i x e d U s e L o w D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e M e d i u m t o H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e M e d i c a l , O f f i c e , a n d H i g h D e n s i t y R e s i d e n t i a l D i s t r i c t M i x e d U s e M e d i c a l , O f f i c e , H i g h D e n s i t y R e s i d e n t i a l a n d L i m i t e d O f f i c e D i s t r i c t M i x e d U s e C e n t r a l B u s i n e s s D i s t r i c t M i x e d U s e G e n e r a l A r t e r i a l B u s i n e s s D i s t r i c t L i g h t I n d u s t r i a l D i s t r i c t G e n e r a l I n d u s t r i a l D i s t r i c t P l a n n e d U n i t D e v e l o p m e n t This zoning map is neither a legally recorded map nor a survey. It is intended only as a generalized visual reference. Use of thismap is not a substitute for legal description of property, zoning information, nor any other designtation of property rights.For aesthical cartographic purposes, zoning boundaries may bedepicted as extending to include portions of adjacent right of ways. Disclaimer: of the City of Englewood described in the 2004 UDC is kept on file in the Office of the Englewood City Clerk. Note: The Official Zoning Map Page 300 of 359 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2017-03, FINDINGS OF FACT,CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE TITLE 16-5-6 SHORT TERM RENTALS, TITLE 16-5-1:TABLE OF ALLOWED USES, AND 16-11-2:DEFINITION OF WORDS,TERMS AND PHRASES FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION INITIATED BY: Community Development Department City of Englewood 1000 Englewood Parkway Englewood,CO 80110 \r&a\r~—v&re-«sax/sasasax/\.r~_¢~a Commission Members Present:Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley Commission Members Absent:Moershel This matter was heard before the City Planning and Zoning Commission on Tuesday,December 3,2019 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and the public.The Commission received notice of public hearing,the staff report,four emails from the public,and a copy of the proposed amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases which were incorporated into and made a part ofthe record of the public hearing. After considering the statements of the staff and reviewing the pertinent documents,the members ofthe City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1.THAT study sessions were conducted by the Planning and Zoning Commission on: o May 16,2017,0 April 3,2018, o September 6,2017,0 May 8,2018, a September 19,2017,o July 17,2018, -January 17,2018,0 August 21,2018, o February 21,2018,0 September 18,2018, Page 301 of 359 10. 11. 12. 13. 14. 15. 0 October 2,2018,o o December 4,2018,o -January 8,2019, February 20,2019,and May 7,2019 THAT a Community Open House was held on September 20,2018,and a Community Forum was held on April 2,2019. THAT the Planning and Zoning Commission held public hearings on June 4,2019 and December 3,2019 regarding short term rental regulations. THAT notice of the Planning and Zoning Commission public hearings were published in the Englewood Herald on May 15,2019 and November 21,2019.Further,notice of the public hearings were on the City of Englewood website from May 23,2019 through June 4,2019 and November 13,2019 through December 3,2019.The public hearings were also posted on social media. THAT the Englewood City Council held study sessions on short term rentals on October 16,2017,April 1,2019,July 15,2019 and August 26,2019. THAT the Englewood City Council held a public hearing on October 7,2019 to receive public testimony,followed by a first reading on October 21,2019. THAT notice of the Englewood City Council public hearing was published in the Englewood Herald on September 26,2019.The notice was also posted on the City of Englewood website from September 18,2019 through October 21,2019.Further,the public hearings were posted on social media. THAT at the October 21,2019 first reading,City Council voted 5-2 to table the short term regulations for the amount of time necessary for Planning and Zoning Commission to review and remove ADU’s from the regulations and to create an enforcement plan. THAT the staff report and four emails were made a part of the record. THAT the revised short term rental text amendments establish permitting and operating requirements for short term rentals and identifies the R—1—A,R-1-B,R-1-C,R-2—A,R—2-B, MU—R-3—A,MU-R-3—B,MU-R-3-C,M-1,M-2,MU-B-1,MU-B-2 zone districts as suitable for the operation of short term rentals. THAT short term rentals serve the current citizenry,their investment,and their property as provided for within the Comprehensive Plan,specifically Objective Live —1.2. THAT short term rentals provide affordable housing and allows for alternative housing within the city;meeting Comprehensive Plan Objective Live —1.2. THAT short term rentals were not being discussed when the Accessory Dwelling Unit (ADU)Ordinance was studied and voted upon;therefore,there is nothing within the ADU Ordinance permitting or prohibiting short term rentals. THAT apartments are not included as an option for short term rentals due to the concern of removing too many units from the long term rental market which can skew affordability. THAT accessory dwelling units are good for short term rentals due to the property owner being on site. Page 302 of 359 16.THAT prohibiting short term rentals in accessory dwelling units creates more affordability issues. 17.THAT a shortage of hotels exists in the City of Englewood;therefore,visitors must stay in neighboring jurisdictions and support that community's tax base,ratherthan staying those funds staying in Englewood. 18.THAT short term rentals are a great opportunity to spur economic development and support local businesses. 19.THAT short term rentals provide an opportunity to maintain Englewood’s housing stock, meeting Live Objective 2.1 and Live Objective 4.5 of the Comprehensive Plan. 20.THAT short term rentals support Work Objectives 1.3,2.3,and 3.3 of the Comprehensive Plan by creating more opportunities for housing within Englewood and opportunities for citizens to use their property to supplement their income. 21.THAT the short term rental text amendments include an enforcement section,which was agreed to by the Community Development Department and the City Attorney's office,and which was reviewed by the Planning and Zoning Commission. CONCLUSIONS 1.THAT the proposed short term rental text amendments conform to the vision,goals,and objectives outlined in Englewood Fon/vard:The 2016 Englewood Comprehensive Plan 2.THAT the proposed short term rental text amendments be forwarded to City Council with a favorable recommendation for adoption with the following amendments and conditions: c That the previously identified and practicing short term rentals be grandfathered,as has been the long term practice of the city; 0 That staff’s recommendations be adopted,to include that a bed and breakfast be synonymous with a short term rental; c That city council instruct staff to send a letter of apology to everyone who received a cease and desist letter;and -That accessory dwelling units be permitted to be used as short term rentals. DECISION THEREFORE,it is the decision ofthe City Planning and Zoning Commission that Case #2017-03 amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1: Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases should be referred to the City Council with a favorable recommendation. Page 303 of 359 This decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 3,2019,by Freemire,seconded by Austin,which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. TO FORWARD THE SHORT TERM RENTAL TEXT AMENDMENTS TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION,WITH THE FOLLOWING AMENDMENTS AND CONDITIONS: .THAT THE PREVIOUSLY IDENTIFIED AND PRACTICING SHORT TERM RENTALS BE GRANDFATHERED,AS HAS BEEN THE LONG TERM PRACTICE OF THE CITY; THAT STAFF’S RECOMMENDATIONS BE ADOPTED,TO INCLUDE THAT A BED AND BREAKFAST BE SYNONYMOUS WITH A SHORT TERM RENTAL; THAT CITY COUNCIL INSTRUCT STAFF TO SEND A LETTER OF APOLOGY I TO EVERYONE WHO RECEIVED A CEASE AND DESIST LETTER;AND .THAT ACCESSORY DWELLING UNITS BE PERMITTED TO BE USED AS SHORT TERM RENTALS. Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley None None Moershel These Findings and Conclusions are effective as of the meeting on December 3,2019. BY ORDER OF THE CITY PLANNING &ZONING COMMISSION ,,1,V -CaIeTownley,Chair Page 304 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea, Pieter Van Ry DEPARTMENT: Utilities DATE: February 18, 2020 SUBJECT: City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study Consultant Selection DESCRIPTION: City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study Consultant Selection RECOMMENDATION: City staff recommends that Council approve, by Motion, an agreement with Stantec Consulting Services Inc., for the City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study, in the amount of $122,710.00. Staff also recommends the approval of a 10% contingency in the amount of $12,271.00, for a total project cost of $134,981.00. PREVIOUS COUNCIL ACTION: Council approval of the 2020 City of Englewood's Water and Sanitary Sewer Enterprise Fund Budgets. There has been no previous Council action on the 2020 City of Englewood's Water and Sanitary Sewer Utility Rate & Fee Study, however South Platte Water Renewal Partners (SPWRP) completed a Cost of Service Analysis in 2019, the results of which are integral to this project. SUMMARY: Englewood is a community of approximately 30,000 residents, founded in 1858 and incorporated in 1903. Much of Englewood’s water and sanitary sewer infrastructure was installed in the post-World War II era of the 1940’s, 1950’s, and 1960’s. Due to the age of this original infrastructure and as a result of several years of deferred maintenance, the City initiated a planning process in late 2019 to address the water and sanitary sewer infrastructure needs well into the future. This Water and Sanitary Sewer Master Plan, which has been in development since the fall of 2019, provides the basis upon which rates and fees are developed. The purpose of the City's Water and Sanitary Sewer Utility Rate & Fee Study is to provide defensible, industry standard rationale for the establishment of Water and Sanitary Sewer Enterprise Fund rates and fees. Establishing accurate rates, fees and charges is an important component of a well-managed water and sanitary sewer utility. The primary purpose of rates and fees for a utility are to recover sufficient revenues to cover costs. Understanding the full financial needs of a utility allows for development of accurate rates and fees which provides sufficient funding for the City to operate, maintain and reinvest in water and sanitary sewer infrastructure. This in turn, leads to a strong and sustainable community. Page 305 of 359 It has been several years since a comprehensive rate and fee study for the water and sanitary sewer utilities has been completed and as a result several aspects of the charges are out of date. By completing this study those charges can be updated to current industry methodology to ensure that the City is capturing the required revenue to operate the water and sanitary sewer utilities effectively. Currently, the City of Englewood is completing a Water and Sanitary Sewer Master Plan. The results of this plan are important to understanding how the capital and operational needs over the next 10 years translate into revenue requirements from the rate payers. Using this information and investing in the rate and fee study will ensure that the City has a complete picture of enterprise financial needs, as well as a system of rates and charges that can provide a long-term solution to the unique financial challenges ahead. Finally, the South Platte Water Renewal Partners (SPWRP) utilizes the City of Englewood to charge connector districts for wastewater treatment services. In 2019, SPWRP completed a Cost of Service Analysis to establish the required rate and fee revenue to be charged to all of its customers. The results of that analysis will be incorporated into the comprehensive rate and fee study for the City of Englewood's Sanitary Sewer Enterprise Fund. Completion of this study is critical to ensuring that the appropriate charges are being passed on to connector districts in a fair and equitable manner and that adequate revenue is received. ANALYSIS: In 2019, SPWRP in coordination with the City of Englewood Finance Department, solicited for consultant services to complete the SPWRP Cost of Service Analysis by issuing a request for proposal (RFP) on the Rocky Mountain E-Purchasing website. Stantec Consulting Inc. responded to that RFP, provided the lowest bid, and was selected to complete the project. The results of the SPWRP Cost of Service Analysis are integral to the City’s Sanitary Sewer Rate and Fee Study since the SPWRP budget is by far the largest component of the City’s Sanitary Sewer Enterprise Fund budget. Additionally, a significant focus of the City's Sanitary Sewer Rate and Fee Study is to further evaluate and standardize, where possible, the sanitary sewer connector agreements which were also analyzed as part of the SPWRP Cost of Service Analysis. Stantec was originally selected through a competitive bidding process and to date, has performed well on the project. Since a significant amount of the work on the City's Sanitary Sewer Rate and Fee Study builds upon the SPWRP Cost of Service work, Stantec is being selected as an optimal source for the City's Water and Sanitary Sewer Utility Rate & Fee Study. City staff subsequently requested a proposal from Stantec for these additional services. The results of that proposal are listed in the table below. Stantec Proposal Proposal Cost Water Enterprise Fund Rate & Fee Study $60,730.00 Sanitary Sewer Enterprise Fund Rate & Fee Study $61,980.00 Total: $122,710.00 The SPWRP Director along with the City of Englewood Finance Director, reviewed the proposal and recommend the selection of Stantec as the consultant for the City's Water and Sanitary Sewer Utility Rate & Fee Study. Stantec provided a clear understanding of the City of Page 306 of 359 Englewood’s needs, established a timeline of deliverables, provided competitive pricing, has foundational knowledge of the project through their prior work with SPWRP and has extensive experience conducting similar studies. In their proposal, Stantec demonstrated their ability to meet the project objectives, which included: • Preparing detailed cost-of-service analyses and design of proposed water and sanitary sewer rate and fee requirements • Preparing a long-term financial plan • Preparing water and sanitary sewer tap fees • Evaluating and recommending modifications to Sanitary Sewer Connector Agreements • Preparing a miscellaneous fees/charges analyses • Participating in the public process • Preparing draft and final reports • Creating financial models FINANCIAL IMPLICATIONS: Funds for this project are available in each individual enterprise fund budget as outlined in the Contract Approval Summary attached to this council communication. ALTERNATIVES: The alternative to not completing this study, is to continue to perform short-term, one-year rate and fee adjustments in an ad-hoc manner. As a result, the City of Englewood will lack the necessary analysis and documentation required to properly adjust water and sanitary sewer rates and fees in a more strategic manner. This will result in the City continuing to operate without long-term financial planning models necessary to adequately fund the required improvements to the water and sanitary sewer utilities. CONCLUSION: The City of Englewood Water and Sanitary Sewer Utility Rate & Fee Study is crucial to the ongoing financial stability of these two enterprise funds. Given the significant required investments anticipated to address the aging infrastructure and ongoing deferred maintenance, this Rate and Fee study is critical to allowing the City to establish a long-term plan to fund these needs. This study will provide the City with the necessary financial plan to operate these utilities in a fiscally responsible manner well into the future. Therefore, staff recommends an award of contract to Stantec to complete the City's Water and Sanitary Sewer Utility Rate & Fee Study for the City of Englewood. Stantec has the experience, approach, and expertise to complete the scope of the project and meet all project objectives. ATTACHMENTS: Contract Approval Summary Professional Services Agreement Stantec Proposal Page 307 of 359 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Pieter Van Ry Phone: 303-762-2602 Title: SPWRP Director Email: pvanry@englewoodco.gov Vendor Contact Information Vendor Name: Stantec Consulting Services Inc. Vendor Contact: Carol Malesky Vendor Address: 1001 Lakeside Avenue East Suite 1600 Vendor Phone: 303-410-4077 City: Cleveland Vendor Email: carol.malesky@stantec.com State: OH Zip Code: 44114- 1193 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☒Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: February 2020 End Date: February 2021 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $134,981.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: ☐Copy of original Contract if this is an Amendment 2020 Rates and Fees Study for City of Englewood's Water Fund and Sanitary Sewer Fund Page 308 of 359 Contract Approval Summary March 2019 Update Page | 2 ☐Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Contract amounts shown above, in Column C, include a staff-managed 10% contingency Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☒Optimal Source: Provide Detailed Explanation: ☒ Sole Source (Use as much space as necessary for detailed explanation): In 2019, Stantec was selected through a competitive bidding process to complete the SPWRP Cost of Service Analysis and to date, has performed well on the project. Since a significant amount of the work on the City of Englewood’s Sanitary Sewer Rate and Fee Study builds upon this SPWRP Cost of Service Analysis work, Stantec is being proposed as an optimal source for the City's Water and Sanitary Sewer Utility Rate & Fee Study. As a result, City staff requested a proposal from Stantec for these additional services. SPWRP in coordination with the City of Englewood Finance Department, previously solicited for consultant services to complete the SPWRP Cost of Service Analysis by issuing a request for proposal (RFP) on the Rocky Mountain E-Purchasing website. Stantec Consulting Inc. responded to that RFP, provided the lowest bid, and was selected to complete the project. ☐ Qualification Based Selection / Best Value* (Continue on Next Page): CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining O 2020 40 1607 54201 Professional Services 208,000.00$ $0.00 66,803.00$ 141,197.00$ O 2020 41 1607 54201 Professional Services 225,000.00$ $900.00 68,178.00$ 155,922.00$ Total by Fund - Current Year 433,000.00$ 900.00$ 134,981.00$ 297,119.00$ -$ -$ -$ -$ -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 433,000.00$ 900.00$ 134,981.00$ 297,119.00$ NOTES (if needed): CAPITAL & OPERATING EXPENSE Page 309 of 359 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 310 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-13 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/20-13 $122,710 2020 Rates and Fees Study for City of Englewood’s Water Fund and Sewer Fund This Professional Services Agreement (the “Agreement”) is made as of this day of , 2020, (the “Effective Date”) by and between Stantec Consulting Services Inc., a Ohio (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Schedule A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 311 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 20-13 executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the industry standard degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and Page 312 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 20-13 inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. Notwithstanding the foregoing, the City’s right to inspect, copy and audit shall not extend to the composition of the Consultant’s rates and fees, percentage mark- ups or multipliers but shall apply only to their application to the applicable units. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date, as first above written, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one year period, the parties may extend this Agreement by the execution of a renewal amendment extending the Agreement for an additional one year period. Such renewal shall be accompanied by a new Statement of Work and an acknowledgement by the parties the renewal will incorporate all of the original terms and conditions of this Agreement. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. Non-payment of the Consultant’s invoices will be considered a material breach of this Agreement. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment Page 313 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 20-13 obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. The only exception to the above is that the Consultant may retain one copy of the Confidential Information for archival purposes, under the same confidentiality conditions as described herein. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24- 72-201 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or Page 314 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 20-13 remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure, if the terms of the order allow it. (b) Know -How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non- breaching party may suffer irreparable harm and that the total amount of monetary damages for any such injury to the non- breaching party arising from a violation of this Section 11 may be impossible to calculate and may therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to apply for temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter Page 315 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 20-13 hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, and hold harmless City, its directors, officers, employees, and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) from and against all losses, obligations, fines and damages (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, suffered or incurred by a City Indemnitee directly caused by: (1) any negligent act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any Page 316 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 20-13 other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. (e) Liability. The total amount of all claims the City may have against the Consultant under this Agreement or arising from the performance or non-performance of the Services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees or $150,000. As the City’s sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against the Consultant and not against any of the Consultant’s employees, officers or directors. (f) Damages. Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per claim. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured, except on Worker’s Compensation and Professional Liability. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or change the insurance afforded under the above policies unless thirty (30) days’ notice of Page 317 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 20-13 such cancellation, reduction or change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non- exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant Page 318 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 20-13 shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally- recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certif icates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Page 319 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-13 Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent, provided that Consultant shall be entitled to mention the project and the Services provided in future proposals as proof of Consultant’s experience with this type of work. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8- 17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5- 102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three Page 320 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-13 days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 321 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-13 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: Date: (Department Director) By: Date: (City manager) (Consultant Name) Address City, State, Zip Code By: (Signature) (Print Name) Title: Date: 1001 Lakeside Avenue East, Suite 1600 Cleveland, Ohio 44114 Carol Malesky 2/5/2020 Principal Stantec Consulting Services Inc. Page 322 of 359 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-13 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL 2020 Rates and Fees Study for City of Englewood's Water Fund and Sewer Fund provided by Stantec Consulting Services Inc. Agreement made and entered into by and between City of Englewood, Colorado, 1000 Englewood Parkway Englewood, CO 80110 (“CITY”) and Stantec Consulting Services Inc. (“CONSULTANT”) pursuant to the Professional Services Agreement entered into this day of , 2020. 2. NAMES OF PROJECT COORDINATORS Carol Malesky Principal, Financial Consulting Services 1001 Lakeside Avenue East Suite 1600 Cleveland, OH 44114-1193 303.410.4077 carol.malsky@stantec.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Prepare detailed long-term financial plan revenue sufficiency analyses and propose rates and connection fees. Based in part on the revenue requirements from the long-term financial plan, capital improvements program (CIP), O&M Budget, Master Plans, financial policies and debt covenants, the Firm will prepare water and sewer rates and fees analyses in accordance with AWWA Manual M1 Principles of Water Rates, Fees and Charges and Water Environment Federation MOP No. 27. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Task 1: Project Initiation To begin the study, Stantec will submit a data request to the City. Immediately thereafter, we will conduct a Kickoff Meeting with staff to confirm goals and objectives of the study, discuss key issues, roles, and responsibilities, and finalize the project schedule, including milestones and deliverables. Page 323 of 359 Task 2: Financial Management Plans & Demand Analyses An analysis to determine the revenue required to support utility operations for the City’s Water and Sewer Funds, including capital spending, will be completed. We will use our dynamic financial model called FAMS (Financial Analysis and Management System). Alternative long- term financial management plans will be prepared for each system and will identify projected annual revenue requirements and alternative rate adjustments. As part of the analysis, we will examine historical operating expenses, growth and water use trends, alternative capital spending levels, debt service coverage ratios, levels of operating and capital reserves, and other financial policies that drive the revenue requirements of the utility. Through meetings with City staff, we will evaluate alternative capital funding scenarios for each of the Water and Sewer Funds. Water Fund: The Water Fund financial management plan will allow for an independent review of the water system revenues and expenses. Alternative rate plans will be developed in conjunction with City staff to propose adjustments to the City’s water rates that are needed to maintain a sustainable Water Fund. Sewer Fund: The Sewer Fund financial management plan will include the City’s share of treatment component costs estimated by SPWRP. In addition, the City’s sewer collection system costs will be incorporated to develop a full understanding of Sewer Fund obligations. We will include the City’s revenues and cost obligations for its connectors. The analysis will enable the City to determine its ability to fund its share of SPWRP capital improvements as well as the City’s own Master Plan improvements. Task 3: Cost-of-Service Analyses A cost-of-service analysis for each of the Water and Sewer Funds will be completed to calculate the cost of providing service to each of the specific customer classes served by the City, including connector sewer customers. Cost allocations will be developed based on the City’s systems and customer characteristics. This understanding will allow for a cost-of- service-based evaluation of the current and proposed rate components. Water Fund: Cost allocations for the City’s Water Fund will follow the American Water Works Association (AWWA) methodologies and will be based on the City’s system characteristics. When this task is complete, the City will be able to compare the current revenue recovery levels by class of customer to cost-of-service allocations. The findings will influence our recommendations on rate adjustments. Sewer Fund: Cost-of-service allocations for the Sewer Fund are expected to be based on treatment (the City’s share of costs from SPWRP), collection, and administrative. We will discuss details with City staff to determine the level of information needed to determine appropriate costs to be recovered from the City’s different rate components. Allocations will also identify costs to be recovered from Sanitation District customers as well as permitted industrial users. Task 4: Rate Development The rate development task combines the proposed rate adjustments from Task 2 with the cost allocations findings in Task 3. Our first step is to evaluate the current rates and rate structures in terms of common evaluation criteria such as legality, equity, customer understanding, and administrative burden. We will suggest alternatives to the existing rate structures if small changes improve these criteria. The intent of our web-based meetings with City staff is to evaluate proposed adjustments to specific rate components (i.e. fixed charges vs. volume rates). We will prepare customer bill impact graphics for any proposed adjustments. Page 324 of 359 Water Fund: Current water rates include a quarterly administrative fee, a minimum charge by meter size, and a two-tiered usage rate structure for inside versus outside metered customers. The City also serves unmetered water customers and charges a flat rate based on household characteristics such as number of rooms, baths, and cars per family. This rate development task will evaluate the sufficiency of each rate component in recovering the costs of serving customer types and possible adjustments to the City’s rate structure that may better meet the City’s goals for rates. Sewer Fund: The City’s sewer customers are billed either quarterly or annually. Rates vary based on location inside or outside the City, as well as level of service such as treatment only or treatment plus sewer collection. Additional charges are assessed based on the City’s connector agreements. After a review of how well the current rates and rate structures meet the City’s goals, we will propose adjustments to the rates to recover the Sewer Fund revenue requirements. A review of the City’s current policy for surcharging permitted industrial users is part of this task. We will also recommend adjustments to the connector rates if needed, based on the findings of Task 6 in the Sewer Fund study. Task 5: Comparative Rate Surveys Stantec will prepare rate surveys of the existing and proposed rates and rate structures and connection fees, for each customer class for the City and up to 12 neighboring communities. We will review the findings of the survey during the second interactive work session on rates. Task 6: (Sewer Fund): Review & Development of Connector Agreements, Rates, & Fees The Sewer Fund’s connectors are integral to the operations of the City’s sewer collection system and SPWRP treatment. This task in the Sewer Fund study will require a review of all 11 agreements and a work session to coordinate understanding of the agreements’ content, services provided, and rates and fees. The goal of the first work session is to work with knowledgeable participants to prepare a summary table of all agreement elements. We aim to reach a consensus regarding the connector agreements and discuss the potential for improving consistency among the agreements. After the first work session, Stantec will prepare recommendations for areas of improvement in the agreements. Our second work session will review proposed changes with City staff and result in action items for implementing agreed-on recommendations. Task 6/7: Review & Development of Connection Fees While this task is listed as Task 6 (Water Fund) and 7 (Sewer Fund), Stantec will review existing connection fees in conjunction with Task 2. We will review the City’s recent capital improvement programs, existing ordinances, master planning documents, and other necessary data to update the water and sewer connection fees. We have already reviewed the treatment connection fees for the City during the SPWRP treatment rates and fees study and will use the model and information gathered for this task. Task 7/8: Models & Training We will prepare the City’s financial plans using Stantec’s FAMS financial modeling platform to model operations of the City’s water and sewer collection systems. The model allows for side- by-side comparisons of scenarios and will allow for quick and easy review of all aspects of the study. We will develop customized user manuals to accompany the models and provide one day of on-site model training for City staff. Page 325 of 359 Task 8/9: Draft & Final Reports A consolidated Draft Report and Final Draft Report will be prepared for the City that documents the findings and methodologies for both the Water and Sewer Funds. A summary of the connector agreements task will be provided as an appendix to the reports. We will prepare a summary presentation of the final results and recommendations and present the findings at a meeting with City Council, City Manager and staff no later than September 2020. 7. SPECIAL PROJECT REQUIREMENTS, IF ANY N/A 8. MODE OF PAYMENT Check 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Page 326 of 359 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at: South Platte Water Renewal Partners 2900 South Platte River Drive Englewood, CO 80110 City will provide the City office space and support as it agrees may be appropriate, at its SPWRP facility. Page 327 of 359 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 20 , the parties have executed this Statement of Work as of this day of , 20 . CITY OF ENGLEWOOD, COLORADO By: (Signature) (Print Name) Title: Date: Consultant Name By: (Signature) (Print Name) Title: Date: 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 19 Stantec Consulting Services Inc. Carol Malesky 2/5/2020 Principal Page 328 of 359 Page 329 of 359 Page 330 of 359 Page 331 of 359 Page 332 of 359 Page 333 of 359 Page 334 of 359 Page 335 of 359 Page 336 of 359 City of Englewood, COWater Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQC Consultant Analyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertTask 11.1111124101 202022061 30103307Task 22.101024072 20004408ooCapital Improvements Program and Capital Financing Plan- Project listing by year, including integration of specific scenarios as required -Alternative funding sources for capital projects-Development of a capital financing plan, including identification of timing and amount of borrowing requirementsoBorrowing Program- Borrowing required (by source) to fund CIP projects not funded by other sources to include but not necessarily be limited to reve nds, State orother programs or bank loans-Timing of bond issue(s)/loan(s) to provide required borrowed funds- Annual debt service of bond issue(s)/loan(s)oRevenue Sufficiency Analysis, including Cash Flows - Annual revenue projections, include a breakdown of revenues from sale of services, connection fees, and other venues- Annual operations and maintenance expense projections-All other annual revenue requirements such as R&R, minor capital, transfers to other funds bt service/lo payments, replenishment oftoo Financial Policy Review- Reserve Levels (Minimum Fund Balance Policies) for each fund-Beginning and ending funds balances by fund by year2 3123240122.403030062 501124082 601022052.70001203Task 33.100011023 202024083 301011033.401011033 501011033 600012033.7122330113 803030063 901122063.1001022053.1100012033.120202004Review results with consulting team, make required adjustments, and prepare alternative scenarMeet with City staff in an interactive work session [in-person meeting #1] to re nary resu Make adjustments per input from City staff in the prior sub-task and distribu orkbook o sumption puts, and preliminary results for staff review.Meet with City staff in second interactive work session [web-based m ting] to review adjusted sults. Perform adjustments per input from City staff and determine plan of ra nnual revenue adjustm ts and revenue requirements for the test year for rate making.Identify all test year costs/revenue requirements associated with the provision of wa ice from the preferred financial forecast aternative identified in Task 2 into the cost allocation model.Analyze the City's billing consumption records, service area, existing agreements, and existing customer classes to determine recommended customer classes for cost allocation and rates.Identify appropriate system functional components and appropriate cost-of-service allocation methodology (per AWWA Manuals, WEF Manual, and common industry practices).Allocate costs/revenue requirements to identified functional cost components for each respective utility system and determine unit cost of each function.Allocate costs of each functional component to identified retail and wholesale customer classes based upon appropriate customer class characteristics/criteria. Compare allocated costs/revenue requirements by customer class to revenue generated by existing rates.Present results to City staff [web-based meeting]. Cost-of-Service AnalysisReview results with consulting team, make required adjustments and identify key discussion points for review with City staff.Meet with City staff in an interactive work session [in-person meeting #2] to review preliminary results. Project TasksProject InitiationPrepare preliminary work plan, timeline for tasks, and initial data request list prior to kick-off meeting. Conduct kick-off meeting via conference call to review project objectives, schedule, key issues, approach, available data, and key assumptions. Review initial data/documentation provided by staff and submit supplemental requests and/or clarifications. Estimated Labor-HoursTotal ProjectMake adjustments as required based upon input from City staff and distribute workbooks of preliminary results.Meet with City staff in second interactive work session [web-based meeting] to review adjusted results.Perform adjustments as required based upon input provided by City staff and finalize cost allocation analysis and corresponding cost allocation plan. Development of Financial Management Plan & Demand AnalysisPrepare water customer and demand analysis to determine projected growth, trends in usage patterns, identify peak demands and the demands placed on the system, and total projected water system customers, equivalent residential units (ERUs) and usage.Input financial and billing data into our FAMS-XL financial planning model, run the model, and produce preliminary output, including a 10-year financial management program that will include the following:Examination of historical and projected expenses (operating, capital improvement and capital equipment) and revenue requirementsSources and Uses of Funds AnalysisDRAFT01/30/20201 of 3Page 337 of 359 City of Englewood, COWater Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQC Consultant Analyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertProject TasksEstimated Labor-HoursTotal ProjectTask 44.11102206a.b.c.d.e.4.1a.0002406b.0001203c.0001203d.0002204- Recovery of appropriate amount and types of costs in fixed monthly charges and variable rates by class of customer- Current water rate tierse. 0002305f.12223010g.0303208h.0101305i.0202206j.0001203Task 55.1011260105 2Task 66.100012036 200011026 300012036.401010026 501012046 601012046.700001016 811223096 96.100001203Rate DevelopmentLoad appropriate data into our connection fee model, adjust and calibrate d produce p nary resLoad billing history data into our FAMS-XL rate model and create a bill frequency analysis.Conduct a revenue test to ensure accuracy of billing data.Set up the rate model in conformance with the existing rate design and cost allocation results of Task 3. Run the model to calculated proposed rates with the following:Develop User Fees:Prepare a customer impact analysis to compare existing and proposed water rates for each customer class.Conduct a diagnostic analysis of the current water rate structures for all inside and outside City customer classes to identify strengths and weaknesses in terms of but not limited to the following criteria:Compliance with legal precedent and generally accepted industry practice (national and local).Fair and equitable distribution of costs to customers in proportion to the benefit received and/or demand placed on the system.Consistency with policies and management objectives regarding such things as affordability, conservation, economic development, etc.Fiscal stability/risk of the utility.Ease of administration and understanding to City staff and customers.Comparative Rate SurveysReview results with consulting team and adjust as required.Meet with City staff in an interactive work session [in-person meeting #3] to review preliminary results. Make adjustments based upon input from City staff in the prior sub-task and distribute workbook of preliminary results.Meet with City staff in second interactive work session [web-based meeting] to review adjusted results. Perform adjustments based upon City staff input and finalize proposed water rates for 2021.Prepare rate surveys of the existing and proposed rates and rate structures, as well as miscellaneous fees and conne on fees, fo ac mer class. Review results with City staff during interactive work session [web-based meeting].Obtain and review all ordinances, master plan, capital improvement information, capacity r rts, and syste GIS data.Review & Development of Connection Fees (concurrent with Task 2)-- Included in Task 4.1.i ---- Included in Task 2.6 --Review completed cost computation templates with consulting team an djust as required.Meet with City staff in an interactive work session [web-based meeting] to iew results of conn on fees. Perform adjustments based upon input from City staff to finalize fee analysisObtain and review fixed asset records for all major system components.Prepare reproduction cost schedule of fixed assets by major system component.Review C P with City staff to determine portion of projects for expanded capacity and portions as ted with renewal and rehabilitation.Allocate fixed assets and CIP among major facility components of supply, treat smission/d bution, and others.Link connection fee model with the financial forecast model of Task 2 to aluate the effects hanges i connection fees in the capital projects funding plan and the effects upon user fee rate revenue requirements and th verall financial plan. DRAFT01/30/20202 of 3Page 338 of 359 City of Englewood, COWater Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQC Consultant Analyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertProject TasksEstimated Labor-HoursTotal ProjectTask 77.17 2012360127 303030067.40101204Task 88.1232662218 2012340108 312013078.40202004Total Estimated Labor Hours9 53 19 91 115 6 293 Total Estimated Fee$3,015 $15,105 $4,465 $16,380 $13,800 $0 $52,765Total Estimated Expenses$1,320Total Estimated Project Cost$54,085Optional TaskOptionalO.10101002O.20104409a.b.c.O.30002406O.41122309O.51202308O.60001203Total Estimated Labor Hours2 5 2 12 16 - 37 Total Estimated Fee$670 $1,425 $470 $2,160 $1,920 $0 $6,645Total Estimated Expenses$0Total Estimated Optional Task Cost$6,645Present the results of the study to City Council, City Managers and other staff members [in-person meeting #6]. -- included in tasks above --Make adjustments to models and/or user manuals, as necessary, based upon training sessions, and deliver final models to City. Prepare a Draft Report and summary presentation of the initial results and recommendations of the Study for staff review/comment.Prepare Final Draft Report based upon edits from City staff, and provide to staff for further review, as needed.Integrate final staff comments and prepare Final Report and summary presentation of the Study. Develop customized Excel Models. Prepare customized user manual for the financial model (FAMS). Provide on-site model training with staff to ensure future beneficial use of the model. Excel Models & TrainingReports & PresentationsPerform adjustments based upon input from City staff to finalize fee analysis.Review & Update Miscellaneous FeesReview list of identified current and potential new misc. service fees with City staff and adjust as required.Conduct interviews with City employees to identify task specific information for use in populating computational temp es, ding:Time in man hours to accomplish a given taskParts & materials and associated costs associated with each taskEquipment used to accomplish each taskPopulate all cost computation templates with information collected from interviews and quantify true c tility for provid ch service.Review completed cost computation templates with consulting team and adjust as required.Meet with City staff in an interactive work session [web-based meeting] to review results of mi llaneous fee DRAFT01/30/20203 of 3Page 339 of 359 City of Englewood, COSewer Collection Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQCConsultantAnalyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertTask 11.111011481.202022061.30103307Task 22.101022052.20002305ooCapital Improvements Program and Capital Financing Plan- Project listing by year, including integration of specific scenarios as required such as share of SPWRP project-Alternative funding sources for capital projects-Development of a capital financing plan, including identification of timing and amount of borrowing requirementsoBorrowing Program- Borrowing required (by source) to fund CIP projects not funded by other sources to include but no cessarily be limite o revenue bonds, State or other programs or bank loans-Timing of bond issue(s)/loan(s) to provide required borrowed funds- Annual debt service of bond issue(s)/loan(s)oRevenue Sufficiency Analysis, including Cash Flows- Annual revenue projections, include a breakdown of revenues from sale of services onne on fees, an other revenues- Annual operations and maintenance expense projections-All other annual revenue requirements such as R&R, minor capital, transfers other funds urrent debt s vice/loan payments,replenishment of reserves, etc. oo Financial Policy Review- Reserve Levels (Minimum Fund Balance Policies) for each fund-Beginning and ending funds balances by fund by year2.311312082.402020042.501123072.601012042.70001203Task 33.100011023.201024073.400011023.501011033.600012033.7122330113.803030063.901122063.1002022063.1100012033.120202004Present results to City staff [web-based meeting]. Development of Financial Management Plan & Demand AnalysisPrepare sewer customer and demand analysis to determine projected growth, trends in usage patterns, identify demands placed on the system from inside and outside City customers, and total projected sewer system customers, equivalent residential units (ERUs) and s.Input financial and billing data into our FAMS-XL financial planning model, run the model, and produce preliminary output, includin 10-ye financial management program that will include the following:Examination of historical and projected expenses (operating, capital improvement and capital equipment) and revenue re irementsSources and Uses of Funds AnalysisProject TasksProject InitiationPrepare preliminary work plan, timeline for tasks, and initial data request list prior to kick-off meeting. Conduct kick-off meeting via conference call to review project objectives, schedule, key issues, approach, available data, and key Review initial data/documentation provided by staff and submit supplemental requests and/or clarifications. Estimated Labor-HoursTotal ProjectReview results with consulting team, make required adjustments, d prepare alternativ scenarios.Meet with City staff in an interactive work session [in-person meetin 1] to review prelim ary results. Make adjustments per input from City staff in the prior sub-task and di bute workbook assumptions, inputs, and preliminary results for staff review.Meet with City staff in second interactive work session [web-based meeting] evie adjusted results. Perform adjustments per input from City staff and determine plan of rate annua nue adjustments and revenue requirements for the test year for rate making.Identify all test year costs/revenue requirements associated with the provision of sewer service from the preferred financial forecast alternative identified in Task 2 into the cost allocation model.Analyze the City's billing records, service area, existing connector agreements, and existing customer classes to determine recommended customer classes for cost allocation and rates.Allocate costs/revenue requirements as sewer treatment or sewer collection and calculate the unit cost of each function.Allocate costs of each functional component to identified inside and outside City and Sanitation District customer classes based upon appropriate customer class characteristics/criteria. Compare allocated costs/revenue requirements by customer class to revenue generated by existing rates.Cost-of-Service AnalysisReview results with consulting team, make required adjustments and identify key discussion points for review with City staff.Meet with City staff in an interactive work session [in-person meeting #2] to review preliminary results. Make adjustments as required based upon input from City staff and distribute workbooks of preliminary results.Meet with City staff in second interactive work session [web-based meeting] to review adjusted results.Perform adjustments as required based upon input provided by City staff and finalize cost allocation analysis and corresponding cost DRAFT01/30/20201 of 3Page 340 of 359 City of Englewood, COSewer Collection Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQCConsultantAnalyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertProject TasksEstimated Labor-HoursTotal ProjectTask 44.11102206a.b.c.d.e.4.1a.0002406b.0001203c.0202206- Recovery of appropriate amount and types of costs in fixed monthly charges and variable rates by class of custome- Current Sanitation District chargesd. 0001203e. 0111205f.0303208g.0001203h.0101204i.0001203Task 55.100113055.2Task 66.100044086.202024086.3040420106.412012066.501010026.603032086.70001203Task 77.100012037.200011027.300012037.401010027.501011037.601012047.700001017.811223097.97.10001203-- Included in Task 2.6 --Perform adjustments based upon input from City staff to finalize fee analysis.-- Included in Task 4.1.h --Meet with City staff in second interactive work session [in-person m ng #5] to review posed adjustments. Revise summary of recommendations for changes to agreements base pon input from ity staff.Review & Development of Connection Fees (concurrent with Task )Obtain and review all ordinances, master plan, capital improvement information, pacity reports, and system GIS data.Obtain and review fixed asset records for all major system components.Prepare reproduction cost schedule of fixed assets by major system component.Review CIP with City staff to determine portion of projects for expanded capacity and portions associated with renewal and rehabilitation.Provide recommendations for areas of improvement in agreements, su as charg ased o vels of service, and incorporate any adjustments into connector agreements summary.Review & Development of Connector Agreements, Rates, & FeesReview suggested adjustments with City staff to determine appro for second agreem ts work session.Allocate fixed assets and CIP among major facility components of treatment (SPWRP treatment component), collection, and others.Load appropriate data into our connection fee model, adjust and calibrate, and produce preliminary results.Link connection fee model with the financial forecast model of Task 2 to evaluate the effects of changes in the connection fees in the capital projects funding plan and the effects upon user fee rate revenue requirements and the overall financial plan. Meet with City staff in an interactive work session [in-person meeting #4] t recomm dations for consistent connector agreements.Load billing history data into our FAMS-XL rate model and create a bill frequency analysis.Conduct a revenue test to ensure accuracy of billing data.Set up and run the model to calculate proposed rates with the following:Develop User Fees:Prepare a customer impact analysis to compare existing and proposed sewer rates for each customer class.Prepare rate surveys of the existing and proposed rates and rate structures, as well as miscellaneous fees a co ection fees, for each customer class. Review results with City staff during interactive work session [web-based meeting].Obtain and review all connector agreements.Prepare matrix summarizing common and unique components to all agreements regardin s and tap fees charged.Rate DevelopmentComparative Rate SurveysReview results with consulting team and adjust as required.Meet with City staff in an interactive work session [in-person meeting #3] to review preliminary results. Make adjustments based upon input from City staff in the prior sub-task and distribute workbook of preliminary resultsMeet with City staff in second interactive work session [web-based meeting] to review adjusted results Perform adjustments based upon City staff input and finalize proposed sewer rates for 2021.Conduct a diagnostic analysis of the current sewer rate structures for all retail and district customer classes to identify strengths and weaknesses in terms of but not limited to the following criteria:Compliance with legal precedent and generally accepted industry practice (national and local).Fair and equitable distribution of costs to customers in proportion to the benefit received and/or demand placed on the system.Consistency with policies and management objectives regarding such things as affordability, conservation, economic development, etc.Fiscal stability/risk of the utility.Ease of administration and understanding to City staff and customers.Review completed cost computation templates with consulting team and adjust as required.Meet with City staff in an interactive work session [web-based meeting] to review results of connection fees. DRAFT01/30/20202 of 3Page 341 of 359 City of Englewood, COSewer Collection Rate StudyProject Work Plan and Cost Estimate ScheduleDirectorPM/Tech AdvisorQCConsultantAnalyst AdminResources →Zieburtz Malesky BarnesRao/ HardenBrosch/ CookLambertProject TasksEstimated Labor-HoursTotal ProjectTask 88.18.2012360128.303030068.40101204Task 99.1232662219.2012340109.312013079.40202004Total Estimated Labor Hours9 59 17 96 114 6 301 Total Estimated Fee$3,015 $16,815 $3,995 $17,280 $13,680 $0 $54,785Total Estimated Expenses$550Total Estimated Project Cost$55,335Optional TaskOptionalO.10101002O.20104409a.b.c.O.30002406O.41122309O.51202308O.60001203Total Estimated Labor Hours2 5 2 12 16 - 37 Total Estimated Fee$670 $1,425 $470 $2,160 $1,920 $0 $6,645Total Estimated Expenses$0Total Estimated Optional Task Cost$6,645Present the results of the study to City Council, City Managers and other staff members [in-person meeting #6]. -- included in tasks above --Make adjustments to models and/or user manuals, as necessary, based upon training sessions, and deliver final models to City. Prepare a Draft Report and summary presentation of the initial results and recommendations of the Study for staff review/comment.Prepare Final Draft Report based upon edits from City staff, and provide to staff for further review, as needed.Integrate final staff comments and prepare Final Report and summary presentation of the Study. Develop customized Excel Models. Prepare customized user manual for the financial model (FAMS). Provide on-site model training with staff to ensure future beneficial use of the model. Excel Models & TrainingReports & PresentationsReview completed cost computation templates with consulting team and adjust as re ed.Meet with City staff in an interactive work session [web-based meeting] to review result cellaneous fees. Perform adjustments based upon input from City staff to finalize fee analysisReview & Update Miscellaneous FeesReview list of identified current and potential new misc. service fees with City staff and adjust as required.Conduct interviews with City employees to identify task specific information for use in populating computatio l tem ates, incl ding:Populate all cost computation templates with information collected from interviews d quantify tru cost to utility providing each service.Time in man hours to accomplish a given taskParts & materials and associated costs associated with each taskEquipment used to accomplish each taskDRAFT01/30/20203 of 3Page 342 of 359 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: February 18, 2020 SUBJECT: Exclusive Negotiation Agreement with SkanlanKemperBard (SKB) DESCRIPTION: Exclusive Negotiation Agreement with SkanlanKemperBard (SKB) RECOMMENDATION: In accordance with a recommendation from the Englewood Environmental Foundation (EEF) Board, approved by motion at the February 4, 2020 EEF Board Meeting, Community Development staff recommends that the City Council approve by motion the execution of an Exclusive Negotiation Agreement (ENA) between the City/EEF and SkanlanKemperBard of Portland, Oregon (also referred to as SKB). The City and EEF are each parties to the ENA which reflects the selection of SKB as the preferred master developer for the City to partner with in redeveloping the “City Property” at Englewood CityCenter. This is the property owned or controlled by the City and EEF as shown in blue on the attached site plan. PREVIOUS COUNCIL ACTION: Staff and Council initiated exploration of the redevelopment of the City Property in connection with the August 2018 foreclosure of the former Weingarten Realty property by C-III Asset Management of Dallas, Texas (C-III), also previously referred to as the “C-III Property,” as shown in red on the attached site plan. At the April 22, 2019 City Council Study Session, Council authorized Community Development staff to issue a Master Developer Request for Proposals (RFP) pertaining to redevelopment of the City Property at CityCenter. Council has been briefed at key points throughout the overall procurement process. SUMMARY: This ENA recommendation represents the culmination of a formal competitive procurement process authorized by City Council and managed by staff to identify a preferred master developer for the City to partner with in redeveloping the City Property at Englewood CityCenter. The ENA will be the first of three anticipated agreements between the City/EEF and SKB, each requiring Council review and approval. Staff presented its recommendation of SKB as the preferred master developer at the December 16, 2019 Council Study Session. At that time, Staff also recommended the preparation of the Exclusive Negotiation Agreement with SKB for Council’s subsequent review and approval (as also addressed in prior Study Session updates). During the January 27, 2020 Council Study Session, SKB was introduced to Council and several members of SKB senior management Page 343 of 359 team presented SKB’s qualifications and initial CityCenter redevelopment ideas to Council. Council indicated its consent to the completion of the ENA for Council’s subsequent consideration. ANALYSIS: To recap the Council discussions over the past year regarding CityCenter redevelopment, the key points are included here for Council’s reference. • CityCenter currently represents a dated and fading concept with low-density uses and excessive surface parking. • The need for CityCenter redevelopment has been well documented in the City’s recent planning studies, and in two recent independent studies of the Urban Land Institute. • Due to the strength of the Metro Denver real estate market, Englewood has a timely opportunity to guide the redevelopment of CityCenter to re-establish it as Englewood’s “central place” with a more viable and sustainable financial future. • Redevelopment can significantly improve CityCenter’s mix of uses, activity levels, walkability, financial sustainability, property values and related City revenues. • Englewood is receiving no current income from its significant CityCenter property interests and, in fact, the City is incurring substantial costs to maintain these interests. Redevelopment will enable Englewood to generate new revenues from these property interests. In addition to staff’s positive assessment of SKB’s experience, values, creativity and long-term willingness to collaboratively partner with Englewood, specific factors that support the selection of SKB for the master developer role on the City Property include: • SKB’s specific experience partnering with municipalities on complex, mixed-use and transit-oriented projects, including redevelopments. • SKB demonstrated the highest level of continuing interest in both the City Property and the former Weingarten Property. • Due to SKB’s interest in also acquiring the former Weingarten property, the selection of SKB preserves the possibility that the City Property and former Weingarten property could be combined under common ownership, which would be a favorable scenario for the City. • SKB has demonstrated a commitment to the high level of public outreach that Englewood desires. • SKB has extensive real estate finance capabilities including relationships with institutional investors and Opportunity Zone financing experience. • The SKB team includes Tryba Architects, which has been performing conceptual planning work for the City, and Tryba Architects was involved in the original CityCenter redevelopment planning – this level of continuity will be valuable for Englewood. FINANCIAL IMPLICATIONS: The continuing steps to select and contract with a preferred master developer for the City Property at CityCenter require that certain professional consultants’ fees be funded from the approved 2020 Community Development professional services budget. As previously approved by the EEF Board and Council, EEF is funding related Special Counsel legal fees from its Central Cash-Unrestricted Balance account ($90,000 approved in 2019 and up to $150,000 approved for 2020). Page 344 of 359 These expenditures should allow Englewood to generate new net revenues from its CityCenter property interests as redevelopment takes place in the coming years. These pre-development expenditures also support the City’s proactive efforts to protect and enhance property values, property taxes and sales taxes within and adjacent to CityCenter. CONCLUSION: Subject to approval by Council, the ENA will guide the subsequent process of negotiating a Predevelopment Agreement (PDA) between the City/EEF and SKB, which will also be subject to EEF Board and Council approval. This is expected to take approximately 90 days. The PDA would govern the subsequent process of formulating a mutually-acceptable Master Development Agreement (MDA) between the City/EEF and SKB. Subject to EEF Board and City Council approval, the MDA would govern the parties’ long-term public/private partnership relationship. It is expected that the MDA could be completed by year- end 2020. According to the Special Counsel advising EEF and the City Council in these matters, these are the steps customarily followed by municipalities in structuring master real estate development agreements. ATTACHMENTS: CityCenter Site Plan (City Property in blue and the former Weingarten property in red, also referred to as the LNR Property) Exclusive Negotiation Agreement between the City/EEF and SKB Page 345 of 359 1 CityCenter Site Plan (City Property shown in blue and the former Weingarten property is shown in red (still labelled as the C-III Property) /Former Weingarten Prop. Page 346 of 359 Page 347 of 359 Page 348 of 359 Page 349 of 359 Page 350 of 359 Page 351 of 359 Page 352 of 359 Page 353 of 359 Page 354 of 359 Page 355 of 359 Page 356 of 359 Page 357 of 359 12 1849120.4 EXHIBIT A PROJECT AREA The “Project Area” is depicted in blue. The LNR Property is depicted in red. The yellow boundary depicts the original Englewood CityCenter transit-oriented development project. Page 358 of 359 13 1849120.4 EXHIBIT B RELATED AREA Page 359 of 359