HomeMy WebLinkAbout2012 Resolution No. 073RESOLVflO:-1 NO.~
SERIES OF 2012
A RESOLUTION RECOMMENDING TO TI-IE CITY MANAGER OF THE CITY OF
ENGLEWOOD, COLORADO AN EXTENSION Of nm EXISTING SUSPENSION OR
MORA TORJUM ON THE ENFORCEMENT OF SELECT PROVISIONS OF THE
ENGLEWOOD MUNICIPAL CODE 2000, THE SIGN CODE, l'rRfAINING TO BANNERS
AND PORTABLE SIGNS; THE ntSCRETIONARY APPROVAL PROCESS BY THE CITY
MANAGER OR DESIGNEE FOR SIGNS UNDER 16-6-13(K)(3)(b) AND 16-6-l 3(K)(4)
E.M.C.; AND THE PROVISIONS PERTAINING TO WALL MURALS FOR A PERIOD OF
TIME NOTTO EXCEED DECEMBER 31, 2012.
WHEREAS , the City of Englewood has spent a l!J"eat deal of money and effort promoting its
downto"'n area as a shopping destination and z cultural and artistic venue ; and
WHEREAS, the Colorado Court of Appeals has found the r•s1uirement for City Manager
review and appro\"al of ceruin types of signs is unconstitutional; and
WHEREAS, instead of special review and approval those signs listed in l 6-6 -l 3(K)(3)(b),
mw·ah, will continue to be reviewed as u regular 5ign pcmtlt and subject to the review times
specified for all other signs : and
WHEREAS, the City Council has directed staff to review and revise , if necessary, provisions
of the Sil!ll Code concerning the use and displa)' of wall murals; a!ld
WHEREAS, it ha~ been brought to Council's anent ion that some businesses in Englewood
feel the Unified Development Code does not adequately address the use of banner,; and po11abl<
signs in relation to the remainder oflhe S,gn Code ; and
WI U:REAS , staff will need sufficient time lo review and coordinate re-commendations relating
to the provisions in the Code; and
WHEREAS, Cit)' Council has deemed it necessary to coordinale the review of the Unified
Development Code and found it appropriate to temporarily suspend enforcement of select
provisions oftbc Sign Code [review by the staff and City Cou..,cil] by the passage of Resolulion
No . 76 , Series of2009; Resolution No . 3, Series of 2010 ; Resolution No . 28, Series of 2011) and
Resolution No . 32, Senes of2010; Resolution No . 69, Series of 2010; Resolution No. 5, Series of
2011; Resolution No. 72, Series of 2011; and Resolution No. 39, Series of 2012 ; and
WHEREAS, e:c tending the moratorium would continue to temporarily stop enforcement of
those s ections; and
WHER P.AS , any review or revision to the Unified Development Code will help protect the
public health, safety and welfare by preserving a safe, healthy, and sound environment within the
City; a11d
WHEREAS, the City Council finds that an additional moratorium or temporary suspension of
1he enforcem ent of certain pro,i sions of the Englewood Municipal Code 7000 pertaining to ·all
munils ; banners and portable signs and the discret ionary arproval process i, necessary to
implement am! begin review of the Unified Development Code ; and
WHEREAS , after a review of the effect of the moratorium relating to si b'IIS on the community,
the rcconuncndation may be 10 keep the Code as it currently exists so any person who purchases,
erects or maintains a sign subject to tllis moratorium during the moratorit:m period in
contravenuon of the existing Sign Code will do so at the risk ofbeio~ subject 10 cnforcemem nt
the tcrminaticn of the moratorium .
NOW, TiffiREFORE, DE IT RESOLVED DY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Secti on I. The City Council of the City of Englewood. Colorado «commends the City
M·ri:,a~c r extend a moratori um or temporary suspension on the enforcement of the Englewood
Municipal Code 2000 pcrtn ining to banners and portable signs; the discretionary approval process
hy the Ci ty Manager 01 Pesignee for sib'llS under 16-6-13 (K )(3)(b) and 16-6-l 3(K)(4) E.M.C.;
nnd the pro vi sio ns pertaining to wall murals .
Secti on 2. All signs. even those subject to this moratorium, th:ill sllll be requ ired to co mply
with 16 -6-1 J(N) Prohibited, Haznrdous, nnd Abandoned Signs as well us 16 -6-1 J(M)
Ma1nti.;rm1,cc.
Section 3. The City Council finds the provisions of !his Re so luti on are temporary 111 11mure
and arc mt en ded to be rerl accd by subsequent legislative en ac tment so that 1hc moratorium or
tcmpora:-y su.;pension as specified in thi s Resolution shnuld tennina !e on Dc cc mhe r 31 ! 2012 or
the effec tive date for the pa ssa ge ofC. 8 . 39, Seri es of1012 pcnaining 10 the Sibal Code
whichever occurs first .
ADOP TED AND APPROVED this 16th day oi Jul y, 2012 .
I, Lou crishia A. Ellis , Ci ty Clerk for IP', ½IIY of Englewood, Colorado , hereby cen1fy the
above is a true copy of Rcsoluuon No . _'_/2 Series of 2 2.
COUNCIL COMMUNICATION
I Date: Agenda Item : Subject :
July 16, 20 12 11 C ii Resolution extending the Temporary
Suspension or Moratorium on the
Enforcement of Selected Provis ion< of the
[nglewood Municipal Code Pertaining to
Banners, Portable Signs and Murals
Initialed By: I Slaff Source:
Community Development Department Alan White, Director
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
City Council apµruveu Re,ulutio11 No. 76, Se ries of 2009, on October 5, 2009, establishing a tcmpormy
suspension o r moratoriun1 on enforcement of certain sections of the Englewood Municipal Code 2000
dealing with banners and portable s,gns . Co uncil also approved Resolution No. 28, Series of 2010, on
Februa1y 1, 20 I 0, establishing a temporary suspension or m o ratorium on enforceme nt of t~e d iscretionary
approval process related to wail murals . Council combined the two moratoria (banner/por:ables and
murals) into a joint r eso luti on and ex tended each m oratorium in 2010 under Resolution~-~-69. Se ri es
20 10. Subsequently both m o rat oria were extende d again last year under Resolution N o . ,, Series of 2011
and Resolution No. 72, Se ries of 2011 . Reso lu tio n No. 39, Series of 2012 e,tended the mo rat orium 11ntil
August 6, 2012.
RECOMMENDED ACTION
Staff recommends Council adopt a resolution approving an extension of th e temporary suspension or
moratorium on the enforcemrnt of selected provisions 6: the Englewood Municipal Code Pertaining to
hanners, portable signs and murals ior a pe riod of time up to December 31, 20 12 or th e effective dale for
the passage of Council Bill 39, Series of 2012 pertaining 10 the Sign Code, whic hever occ urs first.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
11 early 2010 the Planning and Zoning Commission bega,1 ana lysi; uf ,ign code regu l ati o ns and discussion
of potential amendments. Sig n code efforts were delayed ,1y the necessity to adopt floodplain amendments
to meet Federal Emergency Management Age ncy updat,. 'Jy the en d of 2010. In 20 11 the sign code was
agai n delayed by amendm ents lo pu blic notice requirements, as well as, work on proposed changes lo
parking and hard su rfa ce st andards . The prop ose d sign code amendments were consi d ered by the
Pla nn :ng an d Zoning Commission on Jun e 5, 201 2. The Comm ission vote d unanimously to recommend
approval of the am en dments with two minor changes.
The proce ss of adop1ing amendmenis to the Unified Develuµ111 e111 Code pertai11 ;11g 10 the Sign Code w ill
ex tend beyond the expira tion date of the current moratorium. In order 10 apply consistent enforcement
procedures lhroughoul the entire code drafting and adoption process. a re so lution ex tendin g the current
moratorium is ne eded.
FINANCIAL IMPACT
Ther• are no financial impacts to th ~ City as a result oi adopting th is Resolution .
LIST Of ATTACHMENTS