HomeMy WebLinkAbout2015 Ordinance No. 004•
•
BY AurHORITY
ORDINANCE NO . .i
SERlES OF 2015
COUNCIL BILL NO . 1
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 16. CHAPTER 6. SECTION 1. SUBSECTION G. OF
TIIEENGLEWOODMUNIC~ALCODE2000PER.TAININGTOBULKPLANE
REQUIREMENTS.
WHEREAS. the intent of the bulk plane regulations is 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; and
WHEREAS. the bulk plane creates an invisible tent-like boundary limiting the three
dimensional space which a dwelling structure. including the roof. may occupy (with some
exceptions); and
WHEREAS. as residential development activity in the City of Englewood has increased. some
architects. builders. and real estate professionals have stated that the uoc•s bulk plane
regulations are too restrictive and hinder new development. This is especially problematic for
new duplexes and town homes on twenty-five foot wide lots; and
WHEREAS. the current bulk plane begins at a point twelve feet above the midpoint of the
side property line and continues at a forty-five degree angle toward the center of the property.
This results in the bulk plane intersecting with the side wall of the house at an elevation of
seventeen feet for a house with a five foot setback. The market for most new homes demands
nine or ten foot ceilings on the first floor. and eight or nine foot ceilings on the second floor; and
WHEREAS. this proposed change to the beginning point of bulk plane increases the
beginning point of the bulk plane from twelve feet above the midpoint of the side property line to
seventeen feet; then continues at a forty-five degree angle toward the center of the property. This
results in the bulk plane intersecting with the side wall of the house at an elevation of twenty-two
feet for a house with a five foot setback. This will allow for nine or ten foot ceilings on the first
floor. and eight or nine foot ceilings on the second floor without requiring special construction
techniques; and
WHEREAS. this ordinance changes the bulk plane only in the R-1 -C, R-2-A. R-2-B.
MU-R-3-A. and MU-R-3-B zone districts; and
WHEREAS. the bulk plane height will remain at twelve feet in R-1-A and R-1-B zone
districts, because those districts have wider lots and set backs to meet the current bulk plane
request; and
1
H bi
WHEREAS, the bulk place is currently measured from the existing grade ( or ground
elevation) at the midpoint of each side property line; and
WHEREAS, the proposed change to this method of measuring grade uses the average existing
grade of the midpoints of the side property lines in all zone districts; and
WHEREAS, the maximum side wall height is currently measured at the point where the
bottom of the soffit or eave intersects the side wall of the house in all zone districts; and
WHEREAS, the proposed change to the method of measuring maximum side wall height will
measure the side wall height at the point where the side wall of the house intersects the top roof
framing member in all zone districts; and
WHEREAS, the Englewood Planning and Zoning Commission recommended these changes
to allow more flexibility for a mix of housing with a minimal impact on adjacent properties.
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 amending
Title 16, Chapter 6, Section 1, Subsection G, entitled Bulk Plane Requirements, of the Englewood
Municipal Code 2000, to read as follows :
16-6-1: Dimensional Requirements.
EDITORS NOTE: Title 16-6-1 (A) through (F), contain no changes and are therefore not
included here.
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.
a. Applicability. Except as exempt by this subsection, the bulk plane requirements
in this subsection shall apply to:
2
•
•
•
(1) All new residential development of four '4} dwelHng units gr less in the
R-J-A, R-t-B, R-1-e, R-2-A, R-2-B, MY-R-3-A, and MY-R-3-B zone
districts· SHbjeet te the Reside&tiel Desiga Steliares IHMi GHidelmes ift
SeetieB: lee HtB. BMC;
(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 nop-residentjal
dcyelopmept, or accessory sbuctures ip the R-t-A, R-t-B. R-J-C. R-2-A,
R-2-B, MU-R-3-A, and MU-R-3-B zone districts, m the MU '8 1, ).RJ B
2, M 1, M 2, M O 2, er TS.A diomets. Thee~ pl&Be re(lwemeats is this
subseetiea seall aet a,ply ta struemr-es er pe~ees ef struetl:!feo eirE81Bf)t
ffem the 1B£Uci:mum lieigl!t H:IB:its, es speeified ift sueseetiea 1 ti 6 1.B. l
BMC. The hµJk plane requirements in this subsection shall not apply to
any development in the MJJ-R-3-c. MU-B-J, MY-B-2, M-t, M-2, M-Q-2.
1-1, 1.2 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 :FS(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.
£2l Chimneys may extend vertically into the bulk plane a maximum of ten feet
an
3
~ Patio gr deck railings max extend yertjcaJiy into the bulk plane a maximum
of forty-two inches '42''} if the railing js at least seventy-five percent
(]5%} open or transparent,
3. Bulk Plane Requirements. Except as specifically excepted in subsection G,{,21 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 appljcahJe zone districts, the base plane for the vertical measw;ement of
the bulk plane shall be established by talcing the average of the existing grades of
the midpoints of the two side property lines.
ha The maximum side wa11 height shall be measured at the point where the side
wall of the structure intersects the highest roof framing member <typically roof
§hat bin g}. Jbston pf ;mx parapet wan §haU no t extend beyond th; defined huJk
e.
B-i -4 and R-1-B Zqnp P#t,ris;P,
ill A horizontal line that is located directly above the side lot line and
which passes through a point twelve feet (12~ above the midpoint of
Nelt side lot line base plane described in paragraph Cal, above ~ and
The intersecting lines that extend over the lot at a pitch of 12: 12
( 45-degree angle) from the horizontal lines defined in paragraph W
£suWabove.
g. R-1-C. R-2-4, R-2-B. MU-R-3-4 AND MU-R-3-B Zone Districts.
ill A horizontal Jine that is located directly above the side Jot Jine and
which wssa through o ppj nt seventeen feet £J2'l above lJle base 01aoe
described in paragraph W above; and
al The intersecting lines that extend over the Jot at a pitch of 12; 12 <45-
degree angle} from the horizontal lines defined in CdlCll above.
4
...
Figure 16-6(3): Bulk Plane
property nne
5
Figure 16-6(3): Bulk Plane
Maximum Hel ht
Property Line
D
l
C
fBf E Base Plane
a Beglooio0 point at Bulk e1aoe shan be:
• 12· above Base Plane for R-1-A and R-1-s Districts.
• lZ' above Base Plane (or B-l-Q, B-2-A. B-2-B. MU-B-3:A ang
MU-R-3-B zone dtstrlcts
a §Ide setback yar1es by zone g1strjct and lot type see table 1 s-s-1.1 EMC.
~ Maximum Side wan he)qht <A+B=C). where sjde wan of structure
;ntersects the highest rogt tcarolng member.
12 Maximum height pf structure, see Table 1 a-6-1.1 EMc,
.;; Base Plane, ayerage existing grade of the two side property Doe midpoints.
Commentary to Figure 16-6(3) Bulk Plane r 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,. effll chimneys. and railjngs). 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 andR-1-B
zone districts, or seventeen Ceet a z·, above the base plane in the B-/-C. R-2-A, R-2-B. MU-R-3-
6
•
A qndMU-R-3 B zone districts. mitlpei,,t ofsweh sifie Jet fi,,e. Thejiftee,,feet fH9 vel'tieal
height show1t ;,, t-lte ilhtsll"atia" i1tdieates t-lteJJOi"t wher-e t-lte h1,1lkJJhl"e ;,. t-ltia eHlff/Jle i11e/i,,e,
tBwaf<ll t-lte ee"ttM« ef the IBt, aeeo,mti,,gfel" a t-/t,,,,ee foot fJ 9 sifie seteeek r-ertui,=eJ ;,, se;eMl ef
t-lte ,wi<le11tiel H"e tliswiete. ZZ,e maximum side wall height is the point where the side wall of
the st,ycture intersects the highest c0°Cfi:aming memker:,
Section 2. 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.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incun-ed under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 5th day of January, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
January, 2015.
7
Published as a Bill for an Ordinance on the City's official website beginning on the 7tb day of
January, 2015 for thirty (30) days.
A Public Hearing was held on January 201
\ 2015.
Read by title and passed on final reading on the 2nd day of February, 2015.
Published by title in the City's official newspaper as Ordinance No. i Series of 2015, on
the 6th day of February, 201S.
Published by title on the City's official website beginning on the 4th day of
February, 2015 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is rt1,e copy of the Ordinance passed on final reading and published by
title as Ordinance No.+ Series of 2015.
8
I,_
•