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HomeMy WebLinkAbout2009 Ordinance No. 028• • • ORDINANCE NO . .)i__ SERIES OF 2009 BY AlITHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER McCASLIN AN ORDINANCE AMENDING TITLE 16, OF THF .rNGLl!WOOD MUNICIPAL CODE :ooo PERTAINING TO TIIE UNIFIED DEVELOPMEN1 CODE 2t :08 CREATING A NE.W MEDJcA ·, ZONE DISTRICT . WHEREAS , the Englewood Unified Development 1 ':o,1,• {I IDC) was adopted in 2004 , as the first comprehensive zoning code update since 1985 ; and 11 b i WHEREAS, the Englewood Cit-; Council mad~economic development a !OJI Council goal in 2000; and WHEREAS , the Medical Zone and Overlay District Amendmenta to the Unified Development Code (UDC) rezones property to establish more development-friendly regulations in the immediate vicinit) of Swedish Medical Center and Craig Hrapital to take advantage of development'intcrcst in the area; and WHEREAS , the Englewood Planning and Zoning Commission n,connncnded approval of these amendments at ita May 5, 2009 Meeting; NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAD0 1AS FOLLOWS : ~-The City Council of llie City of Englewood, Colorado hereby authorizes amending Title 16, Chapter I, Section 8, Subsection E(2) of the Englewood Municipal Code 2000, by the addition of two new paragraphs c and d, to read as follo· .. ,s: 16-1-ll: Official Zone District Map. A. Necessity for District Designation . It is the intent of this Title that all land within the bou.idaries of the City of Englewood shall be located within one of the zone dislricta enumerated and futed in Chapters 16-3 EMC . If, for any reason, any land within the boundaries of the City shall be determined not to be within one of the aforesaid dislricta , no permits shall be issued for the erection or alteration of any building or structure in the area found wanting classification until the area has been examined by the City Planning and Zoning Commiuion and the City Council and a zone classification enacted and established therein. Action to zon • land to the appropriate zone classification shall be completed by the City within ninety (90) days from the effective date of the BnDCU!ion ordinance , or from the date of such other final action that rendered the area to be without proper zone classification. In determining the zone classification to be applied to land, the City shall evaluate the physical characteristics of the land and the development in the adjacent area and shall consider the plans for development of the site submitted by t:...e owner of the property to be zoned . B. Adoption ofOJ!icial Zoning Map . The zone designations and the !Y.>undaries of the zone districts aball be shown upon maps adopted by Ordinance No . S, Series C'f 2003/2004 as ame11ded, and made a part hereof, and collectively shall constiu te the Official Zonin 6 Map of the City of Englewood. Said Map and all of the notations , reference s and other information shown thereon are as much a pan of • thi s Title as if the matws and informati on set fonh by said Map were full y described herein. For cl arifica tion to and the ,·.onvcnicncc of the public , a representative copy of sa id Map and the amendments thereto, shall be on display in the Ci ty of Englewood . The City Clerk shall maintain a true copy of sai d Map and the amendments thereto . C. Amendments to Official Ma p to be Documented. All amendments to the Official Zoning Map sha ll be listed in the order adopted in a separate register maintain ed in , and kept current by, the Cit y and in addition, such amendments ,hall be shown on the true copy maintained by the City Clerk. D. District R egulations to be Uniform. The regul ations herein established shall apply uniformly to all geogra phical areas having the ,;ame district classification and bearing the same des ignation on the official map . E. locating Boundaries o/Zone Districts. I. General Rules . In determining the boundaries of zones shown on the map , the following rules shall apply: a. Unless otherwise indicated, the zone boundaries arc the centerlines of streets, alleys , parkways, or channelized waterways , or such lines extended. Where a district boundary line is shown as adjoining a railroad l'ight--0f-way, said line sha!I be deemed to coincide with the boundary line of such railroad right--0f-way. b. If a district boundary line extends in the direction of the length of a block, the district boundary line sha ll be deemed to coincid e with the centerline of such block . c. If a district boundary line is shown as approximately foll owing platted lot lines , said boundary line sha ll be deemed to coincide with such platted lot li nes. d. !fa district boundary line divides a platted lot or crosses unsubdivided property, the location o f the district boundary line sha ll be determined by dimen sions shown upon the zoning map . e. If a district boundary lin e is shown by a specific dimension, such specific dimension shall control. f. If a district boundary line is located with reference to a ( aure or monument, the location of such fixture or monument shal l control. g. If the street layout or stream course actually on the ground varies from the la yout as shown on the map , the City Planning and Zoning Co mmi ss ion shall interpret sa id Map acco rdin g to the reasonable intent of this Tit le. h. In the event a ded,cated street or alley shown on the map is vacated by ordinance, the property formerly in said street or alley shall be included within the zone of the adjoining propeny on either side oi said vacated street or alley . In the event said street or alley was a ,.one bound ary between two (2) or more different ,.ones , th e new zone boundary shall be the former cente rline of said vacated street or alley. • 2. Exception . The regulations herein established shall apply uniformly to all geographical areas • having the same district classification and bearing the same designation on the official map; • • • provided. however. thm if a district boundary lin e establi shed by thi s Tule. or by an amendment hc.:rc.:1 0, di vide~ an ar~a of land held in one ownership of record on the daie 1hc district bo undary line was esta blis hed. 1hcn and in th at event: a. Land L )1der On e Own ership Having leJS 71um Eighteen 71,ousand Sq uare Feel. (I) Eac h portion of !and in the area so divided may be used in co nfom1ancc wi th and subJect to the regu latio ns herein established for the dis trict in whi ch eac h ponion of land is located . (2) The en ti re parcel of land ma y be used in co nformance with, and subject to, the regulation s herein established for the district in which is loca ted the portion of land which contains more than onc•lta lf (1/2) of the entire area held in one owners hip. b. Land Under One Owners/,;• Havin g More Than Eighteen TI1 ousand Sq uare Feet. Any parce l of land contai ning m,re than eighteen th ousand (18,000) sq uare feet , shall be used only in confonnance with and subject to th e regul ati ons herein estab lished for the zone districts in which each portion of the parcel fa ll s. ,. Medical Zqne Diuricu In cases where an as se mblage of nroPertx under one ownershio is mi.it bv a zoning houndarv dividing the M-1 and M-" zone districts the entire orooenv shall hwvelooed accordin g to the reauirernents for the M-2 zone district. with the excemi on that the first floor retail nooion of the structure sha ll be confined to the ocicinal M-" zoned nonion of the orooeay . ~. M-0-2 Medical Overla1!.12istric1 Proneoie,sJocated wit hin the M-0-2 Medical Oxerlnx District P ~.m,uired to dcxeloo upderajlR.:"-B base woe distri ct regulations unless the nrooeav i develoned os nart ofa !arcer dexejoomem includin g ad iac.enLnro oertx zoned M-2 fronting on HampdenAyenusJn.such a case the entire moneov sha ll be develooed accordin,, to the rcoukemcpts for the M-' zone district with the exceotion that the first fl oor remil oooi on of the stmcture sha ll be confined 10 the oci£ina l M-' zoned nonion of the ~ Section 2. The City Co un cil of the Ci ty of Englewood , Co lorado hereby authori zes amending Title 16, Chapter 3, Su bsection l(A) "Establishment of Ba se Zoning Di stri cts" of th e Engl ewood Municipal Code 2000 to read as follows: 16-3: ZONE DI STRI CTS 16-3-1: General Provis ions . A. Estab/ishm e/11 of 9ase Zo 11 i11g Dis tricts. The fo ll ow ing ba se zoni ng di stricts arc hereby csliblishcd: lfi am Resi dential One Dwelling Unit Districts R-l-A A large lot size, one dwelling unit residential district R-1-B A medium lot size, one dwelling unit residential district R-1-C A small lot size one d welling unit residential zone district Residential One and Multi-Dwelling Unit Districts R-2-A R-2-B A low-density one and multi-dwelling unit residential zone di<tr ct A medium-density one and multi-dwelling unit residential zo .., lif\t1 •;\•t Mixed-Use Residential/Limited Office-Retail Districts MU-R-3-A A low-density residential and limited office zone district MU-R-3-B A medium to high density residential and limited office zone district Miud-J J,e Mcdisel Pistrisl§ A miJcd-uH msdisal offise and hieh deo1iP' residcntiol zone dllfrict A mircd-n5C medical nffisc high dendtv re1idsntial and limit ed retail rnns ~ Mixed-Use Commercial Districts MU-B-1 A mixed-u se central business zone district MU-B-2 A general arterial business zoo ,, district TSA A mi xed-use district in tended fo r land uses adjacent to light rail transit stations Industria l Districts 1-1 A light industrial zone district 1-2 A general industrial zone distr:ct Special Purpose Districts PUD Planned Unit Development • • • • • • provided, howeve r, tha\ if a di stri ct boundary line estab lished by this Title , or by an amendment he ret o, divides an area of land held in one owners hip of record on the date th e district boundary lin e was estab li shed, th en and in that event : a. land U,i der On e Ownership Havin g less 17,an Eighteen Th ousa nd Sq ua re Fee t. ( 1) Each ponion of land in the area so divi ded may be used in confo nnance with and subject to the regulati ons herein establi shed for th e district in whi ch each portion of land is located . (2) The entire parcel of land may be used in confonnance with, and subject to, the regulations herein est•blished for th e district in which is located the ponion of land which co nt ains more than one-half (1/2) of the entire area held in one ownership . b. land Unde r One Ownership Having More Than Eighteen Thousand Square Feet. Any parce l of land cont aining more than eighteen thousand (1 8,000) square feet, sha ll be used onl y in co nfonnance with and subject to the regulations herein established for the zone di stricts in which each po1tion of the parcel fal ls . ,. Medical ZQn e Di rtricts In ca.ses whru an assemblosc of nron ertv under one ownershin : ~ solit bv a ronioe boundarv diYidinR the M-1 and M-2 zone districts the entire Pmoenv sh ,1 be develoocd accordios to the reauirem;nts for the M-2 rooe district with the exception 14-1 the first floor retail porti on of the structure shall be coofiosxt to th e origina l M-2 woe1 PPrtion of th e property . 4-M-0·2 Medical Overlqv Dirtrict Pmnerties located within the M-0-2 Medical Ovsrlav Di$trict arc reauired to devsloo under all R-2-B hMe zone district csgµlations wilcss the 2ro2env is devc ioocd as Part ofa lar&er develoament includin@ adia cent 2ronm rooed M-2 fronting on Hamnden Avenue In such a case the mtire nroncrtv sha1l be developed acco rding to th e reauirsosots fo r th e M-2 200s district with the sxcSPtion that the first fl oor retail oortion of tbs strucrure sha ll he confined to the oriRinal M-2 1.oncd portion of the ll.tlll1,W, Sec tion 2. The City Council of th e Ci•J of Englewood, Colorado hereby authorizes amending Title 16 , Chap ter 3, Subsecti on l (A) "Establishment ofBase Zo ning Di stri cts" of the En~lewood Municipal Code 2000 to read as fo llo ws : 3 • • • B. Relationship of Base Districts ro Overlay Disrricts . Lands within ~he Cit y ma y be cla ss ifi ed int o one of•he base zo ning di stri cts , as desc ribed above, and may also be classified as an ove rla y di stri ct (Sec, for e,ample , Chapter 16-4 EMC , "Flood Plain Overlay Distri ct.") An overl ay district is a land use classif:cati on that li es o .,er the base zoning all owing fo r additiona l uses and devel opment standard s differer from the ba se zo ning , Where the property is classified in an overlay di stri ct as well as a base zonil,g 1istrict, then the regulations governing de vel opmen t in the overlay di stri ct shall appl y in additi on to 1!1e regulations governing development in the underlying district. In th e event of an express conflict between the standards governing a base district and those governing an overlay district , the standard s governing the overlay di stri ct shall control. I m .... ,, ,-.... , ... "'""""' :::, 1 ~ Ww O<ris """", """ o(Oo Mll·R· '·0 OO o .. .,li,I - ~ medical oveclav district coveri ng a nonion of the R-2 -B ba se resici '=Illlill zo ne di stri ct C, Co mplian ce with District Standards . No building or structure sh all be erected , co nverted , enlarged , reconstructed, 01 altered for use, nor shal l any land , building, or structure be used or c,,anged , except in accordance with the zoning district regulations of this Chapter 16-3 EMC, the use regulations of Chapter 16-j EMC, the development standards of Chapter 16-6 EMC, and all other applicable regulati ons of this Title . Sec tion 3. TI1e Cit y Council of th e City of Englewood, Colorado hereby autl1orizes amending Titl e 16, Chapter 3, Sub sec tion 2 "District Characteristi cs" and I 6-3-2 (A) "Residential Districts" of th e Englewood Municipal Code 2000 to read as follow s: 16-3-2: District Characteristics , One of the goals of th e City is to encourage a variety of housing types to meet the needs of di ering income levels and varying household structures . Th e regulations for these districts are designed to stabili ze and protect the essential characteri stic s of the districts, to allow for certain conditional and limited uses that are controlled by specific limitation s governing the impact of such uses, and to promote a compatible neighborhood environment. A. Residential Districts . The purposes of the res id enti al base zoning district s are set forth below. The all owed uses and use-specifi c standards for each of the di stri cts are set fo rth in Chapter 16-5. All uses shall comply with the general dimensi onal standards set forth in Section 16-6-1 EMC. I. R-1-A , -1-B . and R-1-C: One dwelling unit residential di stricts . The R-1 districts primarily co nsi st of on e dwelling unit residential neighborhoods , Each di strict is defined by its dimensional requirement s for development of a si ngle lot, such as lot size, lot frontage , setba cks , etc , Multi -unit dwelling s are not all owed in these districts , 2, R-2-A, R-2-B : One and Multi-Dwelling Unit Resi dential Di stricts, The R-2 di stricts provide a range of hou sing types between the low-density one-uni t area s and the high-den sity multi - unit areas. The two (2) zo ne di stricts allow for a mixture of one -unit deve lopment with low and medium den sit y multi-unit l10usi ng deve lop ment s. 5 • • • B. Rela rionship of Ba se Disrric r.; ro Overlay Districrs. Land s withi n th e ity may be class ified in1 0 one of th e base zoning districts , as described above , and ma y also be cla ss ified as an overl ay distri ct (S ec, for exampl e, Chapter 16-4 EMC , "Fl ood Plain Ove rl ay District.") An overl ay distri ct is a land use classifica ti on that lies over the base zoning all owing for additional uses and development stand ard s different from the base zoning . Where the property is classifi ed in an overlay district as well as a base zoning distri ct, then the regul ations governing development in th e overlay di strict shall appl y in additio n to th e regula ti ons governing development in the underlying district. ln the event of an express conflict between th e sta ndard s governing a base dis tri ct and those governing an overlay district, '.he standards governing the overlay district shall con trol. ~ A medical overlay di§tcict covering a oortioo of the Ml J·R-3-8 hMe residential zoll.G """' : ::: .. """"'"' @<riM O ,w@ e("'< B-l-0 ON«aid<WW ees dWDO C. <.,omp/iance with District Stan da rds. No building or structure sha ll be erected, converted, enlarged , reconstructed , or altered for use , nor shall any land , buildin g, or stru cture be used or changed, except in accordance with the zoning district regul ations of this Chapter 16-3 EMC, the use regulation s of Chapter 16-5 EMC, the development standards of Chapter 16-6 EMC , and all other applicable regulations of this Title . Section 3. The Ci ty Co un cil of the City of Englewood, Colorndo hereby authorizes amend ing Tit le I 6, Chapter 3, Subsection 2 "Distric1 Charact eri stics " and I 6-3 -2(A) "Residential Districts " of the Eng lewood Municipal Cod: 2000 to read as follow s: I 6-3-2: District Characteristics. One of the goals of the City is to encourage a variety of housing types to meet the needs of differing income leve ls and varying household struct ures. The regulations for these districts are designed to stabilize and protect the essential characteristics of the districts , to allow fo r certain conditional and limited uses that arc contro lled by specific limitations govern in g the impact of such uses , and to promote a compatible nei ghbo rhood environment. A. Res idential Distl'icts . The purpo ses of the residential base zoning districts are set forth below . The all owed uses and use-specific standards for each of the districts are set forth in Chapter 16-5 . All uses shall comp ly with the general rlimens iona l standards set forth in Secti on 16-6-1 EMC. I. R-1-A, R-1-B , and R-1-C : One dwelling unit residentia l districts. The R-1 districts primari ly consist of one dwelling unit residential neighborhoods. Eac h distri ct is defined by its dimensional requirement s for development of a single lot , such as lot size, lot frontage, setbacks, etc . Multi-unit dwellings are not all owed in these districts. 2. R-2-A, R-2-B: One and Multi-Dwelling Unit Residential Districts. 1l1e R-2 di stricts provids a range of housing types bet ween the low-density one-unit areas and the high-density multi- unit areas . The two (2) zone districts all ow for a mixture of onc~unit development with low and medium den sit y multi-unit housing development s. 5 3. MU-R-3-A , MU -R-3-B : Mixed-U se Residr•.nu ,lil.irni ted Office Di stri cts. The MU .q .3 districts are co mposed of those areas th at are cond ucive: to low, medium, and hi i L· density residential and limi ted office devel opment of a cl,arocter unlikely to develop a conc,·,!lration of traffic and people . To these ends , th :;t;e dis tricts are protected against the en croRchm cnt of genera l industrial uses und certain co mmercial uses. B. Mixed-Use Commerci al Di stricts . The uses in these districts are primaril y commercial in na ture, nnd the residential developme nt is incorporated into th e retail bu sinesses , such as first fl D"r retail , second fl oor residential. One -unit dw ellin gs are not permitted in these districts. I. MU -B-1: Mixed-Use Central Busines s District. This district is a mixed-use di strict tl.at is applied to the central busi ness section of Englewood. The district is designed to create an environment ha vi ng urban characteristics within a relatively small area of land throngh the close proximit y of activities and increased social and cultural opportunities. The :ues •.vithin thi s district are those that provide retailing and personal services to residents of the City and the surrounding area, and are co mpatible with adjacent development . In order to make the central busin ess district via ble twenty-four (24) hours a day, and not just during the traditional business hours , medium and high-density residential unit s are pennitted. 2. MU-B-2 : Mixed-U se Arterial Business Distri ct. This di strict is composed of cer.•in land and structures used primarily to provide retailing and persona l services to the residents o, the City and surrounding area and urban residenti al uses. The MU-B -2 district is usually located on major access rout es and is eas il y accessible from the surro unding residential area which it serves. • 3. TSA : Trans it Station Area . This di strict is a mi xed-use district intended to ensure a di vers e • mix of uses within convenient walking distance to Regiona l Transportati on District (RTD) ligh t rail stati ons in the City of Engl ewood. The district encourages appropriate residential deve lo pment patterns with suffic ient density to support tran sit use and neighborh oods for res ident s, as well as commercial reta il uses to serv e the sho pping and servi ce needs of di strict residents, emp loyees, and commut ers. ~-M-J · Mixed lJsc Medical Office an d High Densitv Residential District This dlstnct allows homitals and mF4i ca l U§es as well AS general office high densitv residsotial and hotels as nrimarv land uses ,2. M-2· Mixed-Use MMiel Office Hish Pensitv Residcotial ood Limited Retail Distri ct This district allows homitals avd medical uses as well AS gen eral office high dsusitv residentia l hotels and limit ed retail as ndmao: land uses. C. Industrial Di stricts. The industrial districts allow for certain uses that are inappropriate in other zone districts due to the impacts associa ted with their operat ion, such as noise, dirt, dust , hours of operation, unsightl y cond iti ons, traffic, and outdoor storage of equipment and .natcrial s. The I di stricts should be loca ted near maj or roa dways and truck routes so that traffic gen era ted from th e I districts will not negati vely affect the residential streets in the area. I . 1-1 : Light Industri al District. This di strict is intended to provide fo r li ght manufacturing and industrial uses, and for warehousi ng and wholesa ling uses of a limited nature and size that do not create ap precia ble nuisance s or hazards . • • • • B. Relations hip of Ba se Dis rricts to Overlay Districts. Lands within th e Cit y may be classified in to one of the base zoning di stricts , as desc ribed above, and may also be class ified as an overlay distri ct (See , for examp le, Chapter 16-4 EMC , "Flood Plain Over lay Di stri ct.") An ove rla y di stric t is a land use classifi ca tion th at lies over the base zon in g allowin g fo r additio na l uses and development st andard s different from the ba se zo ning . Where the pro pert y is classified in an overl ay di strict as well as a base zoning di strict, then the regulati ons governing development in the overlay di strict shall apply in addition to the regulati ons governing development in th e underl yin g di stri ct. In th e event of an expre ss conflict between the standards governin g a base district and those governing an overlay di stri ct, the standards governing th e ove rl ay di strict shall control. ~ Amedical overlay dis1dct covedne a noni oo of1he M\J~R-3-B base re§ldential rone ..... I ::., ..... '""' .,,;,,. '"''" ¢1~ ,., ..... "'"""''NO' ..... I """ 1»1 ,-PYEBJ,AX DJ5TJJJm ~ ~ C. Comp liance with District Standards . No buildin g or structure shall be erected , converted , enlarged , recons tmcted, or altered for use , nor sh all any land, building, or structure be used or changed, except in acco rdance with the zoning district regulati ons of thi s Chapter I 6-3 EMC, the use regulations of C'haptcr i 6-5 EMC, the developmen t standards of Ch apt er 16-6 EMC, and all othe r applicable regulations of this Title . Section 3. The City Council of tbe City of Englewood , Colorado hereby authorizes amending Title 16, Cha pter 3, Subsection 2 "D istrict Characterisiics " and I 6-3 -2(A) "Residential Distric ts" of the Englewood Mwticipal Code 2000 to read as fo ll ows: 16-3-2: District Characteristics . One of the goals of th e City is to encourage a variety of housing type s to meet the needs of differing income le vels and vruying household structure s. The regulation s for these distticts are designed to stabilize and protect the essential characteristics of the districts , to allow for certain conditional and limited use s that arc controlled by specific limitat ions govern ing the impact of such uses, and to promote a co mpatible neighborhood environment. A. Res idential Districts. The purpo ses of the re sidential ba se zonin g district s are set forth below. The all owed uses and use-specific stan~ards for each of the di stricts are set forth in Chapter 16-5 . All uses sha ll co mpl y with the gene ral dimensional standards set forth in Section I 6-6-1 EMC. I. R-1-A, R-1 -8, and R-1-C: One dwelling unit residential di stri cts. The R-1 districts primarily cons ist of one dwelling unit residential ncighborhnods . Each distri ct is defined by its dimensional requirements for development of a single lot, such as lot size, lot frontage , setbacks, etc . Multi-unit dwellings are not allowed in th ese di stri cts. 2. R-2-A , : -2 -B : On e and Multi-Dwelling Unit Re sidential Di stricts. The R-2 district s p1 ov ide a range of housing types between the lo w-d ensity one-unit areas and the high-den sity multi - unit areas . The two (2) zo ne districts allow fo r a ntixture of one-unit development with low and medium densit y mul ,-unit hou sin g de vel opment s. • • • 2. 1•2 : General lndustrial Di stri ct. Thi s di st ric t is intended to provid e for indu stri al and manufacturing uses that are more intense in narure than th ose in thr · ight indu stri al district. D. Special Purpose Districts. I. PUD : Planned Unit Devel opment Di strict. The PUD district is in tend ed as an alternati ve to conventi onal land use regu lati ons. The PUD di strict cu mbines use, den si ty, deH ign , and Zoning Site Plan considerati ons into a sin gl e process, and subs titutes procedural prot ec tions for many of the sub stantive requireme nt s of this Title . De signation of a PUD di stri ct shall comply with th e proced ural reGuircments of Section I 6-2• 7 EMC. ,. M-O·I · Melical Overlav Distcicr This ovcrlax distri ct covers a oooinn of th e MlJ-R-3-B bass residential roue distrir.t.Jhat retains the base district 2errnitted land uses and residential densitv reouirements bu' subst iwtcs Medical Zone District lot dimension narki og and lan dsca oins rcauirement s in su Pooa of medi cal distri ct develonment - l.. M:9 ·2· Medical Ovcrl nv Pis td ct This overlnv district covers a norti on of the R·2 ·B base res idential ume district nnd allows a urouertv the omion to develop under R-2-B regul ations or under M-2 regulat ion s when it is included as Part ofa larger adiacsot M-2 roned site with street fronta ge on Ht 11oden Avenue Retail use shall be Prohibited in the M-0 -2 overlav lWm Section 4. The City Crnncil of the City of Englewood, Co lora do hereby authorizes amending Title 16, Chapter 5, Secti on I, of the Enrtcwood Munici pal Code 2000 , to read as fo ll ows : 16-5-1: Table of Allowed Uses . Table 16•5• I. I below sets forth the categories and types of uses all owed within th e respective zoning di stricts. A . Explanat ion of Table Abbreviations. I . Pennirred Uses. A "P" in a ce ll indicates that the use type is permitted by ri gh t in th e res pective zo ning di strict. Pemtitt ed uses arc subject to all other applicab le regulations of tl1i s Tit le, including the devel opment standards set forth in Chapter I 6-6 EMC . 2. Co nditional Uses. A "C" in a cell indicat es that th e use typ e is all owed onl y if reviewed and app roved as a co nditi onal use subject to a publi c hearing, in accordance with the co nditi onal use review procedure s of Section I 6-2-1 2 EMC . 3. Accessory Uses. An "A" in a cell indicates th at the use typ e is all owed onl y as incidental to th e prin cipa l use on a site ; see Sect ion 16-5-4 EMC fo r regu lati ons governing accessory uses. 4. limited Uses . An "L" tn a cell indi cates th e use typ e is ge nera ll y app rop ri ate in the zoni ng di strict , yet may have the pot ent ial for limited impacts c ·djacenl pro perties or on tte character of the di strict. These uses arc subject to an administrati, .. ,evicw that grants the City the auth orit y to impose co ndition s on the specified use to miti ga te potential impacts. See Secti on I 6· 2-13 . 7 5 . Temporary Uses . A 11T11 n a cell indicates the use type is allowed only for a limited durat io n. See Sections 16-2-14 and lu-5-5 EMC , for regulations governing temporary uses , 6. Prohibited Uses. A blank cell indicates that the use type is prohi bited in the zoning district. 7. Additional Reg11lations . Regardless of whether a use category is permined by right or as a condition al, access ory, limited , or temp orary use, ;bere may be additional reg\ll ntions th at are applicable to a specific use . The existence of these use-specifi c regulations is noted through a reference in the last column of the use summary table entitled "Additiona l Regulations ." References refer to subsections of Section 16-5-2 EM C, "Use-Spt:eific Standards." Such standards apply to all di strict s unless otherwise specified . B. Unlisted Us es, I, Procedure for Approving Unlisted Uses. Where a panicular use category or use type is not specifically allowed under this Title, the use category or type may be permitted by the City Manager or designee upon a finding that the cri teria of subsection B.2. below are met. The City Manager or designee shall give due consideration to the intent of this Title concerning the district(s) involved, the char:icter of the uses specifically identified, and the character of the use(s) in question . 2, Criteria f or Approving Unlisted Uses, ac City Manager or designce may allow an unlisted use (permitted , conditional, limited, aeces.• 'Y, or temporary) in the zoning di stri ct ifhe finds that the proposed use has an impact that is simi ,,r in nature, functi on, anu duration to the other uses allowed in a specific zoning district. In making such finding, the City Manager or designee shall assess all relevant characteristics of the proposed use, including but not limited to the following : a. The volume and type of sales , retail, wholesale ; size and type of items sold and nature of inventory on the premises; b, Any processing done on the premises, includin g ass emb ly, manufacturing , wa,ehousing, snipping, distribution ; any dangerous , hazardous , toxic , or explosive materials used in the processing; c. The nature and location of storage and outdoor display of merchandise; enclosed, open , inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process , inventory, and merchandise, construction materials, scrap and ·•mk, and raw materials including liquids and powders ha7.ardous or not); d . The type, size, and nature of buildings and structures ; e, The number and density of employees and customers per unit area of sit e in relation to business hours and employment shifts; f. Transportation requirements , inc lud ing the modal split for peop le and freight , by volume type and chnracteristic of traffic generation to and from the sit ~, trip purposes and whether trip purposes can be shared by other uses on the site; g, Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses ; 8 • • • • 16-5-1 : Table of Allowed Uses . (Continued) C. Table of Allowed Uses . Group living p 16-5 -facility, C C ~ ~ p 2.A.l • large/spccil'I Group living p 16-5-p p p p p p p I! I! p p 2.A.l facility , small Small p 16-5 -treatment C C ~ ~ p 2.A.l center 16-5-Hou.,ehold Live/work I! I! p p L L 2.A.2 Livin diwcllin Manufactured p 16-5- home ark 2.A.3 16-5 - Multi-unit p p 2.A.4 p p p I! I! p 16-6-dwelling l.C .4 16-5 - One-ur.!t 2.A.5 p p p p p p p I! I! .l.U; dwelling One-unit .l.U; dwelling on a p p p p p p p I! I! ~ small lot Boarding or 16-5-C C C C ~ ~ 2.A7 rooming house PUBLIC/INSTITUTIONAi. UilES Animal Shelter Not-for-p,ofit p p • animal shelter 1 0 • • • h. The amount and na ture of an y nui sances generated on the premises, includin g but not limited to no is e, smoke , odor, yl arc , vi brati on, radiati on and fu mes; i. An y special publi c utility requirements for serving the proposed use, in cluding but not limited lo wat er suppl y, waste water , pre-treatment of wastes and emi ssions required or recommended , and any significant power struc.tures and communications towers Oi facilitie s; and j. The impact on adjacent properties created by the proposed use will not be greater than that of other uses allowed in the zoning district. 3. Effects of Finding by th e City Manager or Designee . a. Typical Uses : Added to this Title: (I) The City shall initiate periodic amendments to this Title if the City Manager or designec finds that the particular use or class of usc(s) is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this Title is IL~cly to lead to public uncertainty and confusion. (2) Until final action has been taken on such proposed amendment, the determination of the City Manager or dcsigncc shall be binding on all officers and departments of the City. b. Atypical Uses: Determination Binding . In making a determination whether to app rove an unlisted use, the City Mauagcr's or dcsigncc's determination shall thereafter be binding on all officers and departments of the City, without further action or amendment of this 'J'itlc, if the City Mana ger or designcc finds the particular use or class of usc(s) is of an unusual or transitory nature, or is unlikely to recur frequently. c. Appeals . Appeals of decis ions to approve or deny unli sted uses shall be appealed to the Commis sion . 9 Emeraoncr HOIIIUli Temponry ahelter, food C C Shelt<r abolt<r Governmont and All other City buildinp and f'llcilities DOI apecifiod p p p p p p p .I: E p p p p p UDder Ibo • Public/lnstilllti anal Uses p p p All UleS p p p p p Parle and Open Athletic field C C C C C C C C p p Space Community C C C C C C C C arden Park p p p p p p p p p p p p Reliaious Religious As.'lelllbly inatibltions p p p p p p p E E L L L L L and IISIOCialod accesso UleS School Ed11.cation p p p p p p p E E p p C inao.tution Telecommunicati Alt<rnative p p p p p p p E E p p p p ? on Facility tower structure (Se, Chapter J 6-Antenna 7, (microwave ''Ttltcommunica antenna, p p p p p p p E f p p p p p tions, ''for aectorizod upplicable use-panel antenna, relared · antenna guidelines and Tower C C C C C C C s; s; C C C p p standards) SlrUCIUre Tl'IDlpOnation RID p • Facility maintenance facili Transit center p 11 Enler!Ainmentl Amuxment ~ C C C C C Amusement: establishment Indoor Hoouh I! p p p p Loun e Phys ical fim css I! p p p p p center/ a 1beaterand • pcrfonnancelc oncen venue, p p p p p not including adult entettainmen1 Entertainm ent/ General Amusement: outdoor C C C Outdoor recreation Financial Cbeck cashing I! p p p l~tirution facilitv Financial insti tu tion, wi th dri ve • L p p tlirough senicc Financia l insti tution, without dri\lc• C p p p p p tlirough servi ce food and Bre ub p p p p p Bevernge Service Ca terer 1! p p r Mi crobrewery p p p Restaurant, bar, tavern with or I! p p p p p without • outd oor o emtions 13 L p p p r Medieal/Scientifi p p p p c Service p p p Laboratory (dental, p p I! I! p p p p p medical or Offi ce p I! I! p p p p • p p r I! I! p p p p p 16-5- 2.C .8 Retail Sales and Cremalo rium C Se rvi ce Dry clcw,er, (Pe010na l drop-off site I! p p p p r Se rvi ce) on! Instructional I! p service p p p Massage I! I! p p p p p th facili Momiary p P~rsonal care p p p p p ~ervkc: photography studio an d photo lab, I! r p I p r I' upholstery, printer, , ... cksmith, tailor Tanoo and body-pien:ing p p establishmen t • 14 Temporary 16-5-employment C C 2.C .11 business Retail Sl\lcs and Equipment L p p Servi ce (Repair rental and Rental} Repair sho p (no! including I! p p p p p auto Retail Sales and Anti ue store p p p p p • Service (Sales} An allery p p p p p Auction house p p p Buy-back shop , second I! p p p band , thrift, co nsi CD! Co nvenience I! p p p p s1orc Grocery/specia I! p p p p p I food store lnh. .. -met sa les I! p p p loca tion Li uor store p p l• p p Pa"11b roker p p 16-5- 2.C.10 Fo r TSA , Pif,; 20 ,000 sq . ft ., Reta.ii SAIC!, P/ C if > gene ral I! p C p p 20 ,000 merchandise sq. ft of gross leasab le fl oo r • area • I! p p C p p 16-5 - 2.C.12 Srud io Radi o/televisio n broadcasting stud io, I! p p p recordin g/film studi o Vehi cle nnct Automobile p p p 16-5- Equipm ent awnbroker 2.C.10 Automoti ve L p p 16-5- sales rental 2.C.3 • Automoti ve servi ce and 16-5-repair, p p includ ing bod y 2.C.4 or fend er work Automoti ve ser ri cc and repair, not L p p 16-5 - including body 2.C.4 or fender work Automotive servi ce stati on L p p 16-5- (gaso line 2.C.S facili 16-5- Car wash, auto L L L 2.C.6; detailing 16-5- 2.C .4 Commercial storage of p p 16-5- operabl e 2.C.3 vehi cles Fuel L p p dis ens in • 16 16-S- C C {; {; L L C p p 2.C.3 ~ u;.u use Pulcina area, ~ ourface (operable C C {; k L L C p p ~; • 16-S-vehicles), 2.C.3 principal use Rec:reatiooal vehicles 111d L p p boata ,aalesor ra,tal Vi!itor Bedaod I! p Accommodation breakfut f Hotel I! f p p p Hotel , I! f p Exteoded Stay Wholeaale Sales 111d diJinbution p p MANUFAC11JRING/INDUSTRIAL USES Industrial 16-S - Service Industrial C p p 2.D.3 aervice, liaht (TSA onl lnduatrial p service hea Manufacturin_~. Including Manumcturing C p p • Processin&, ,light Fabrication, or Assembly Manufacturing bea p 1 7 ge p p p p .. L store e p p Storage yard fc, .. vehicles, 16-5-equipment, p p 2 .0 .6 • material , and/or SU lies Warehous ing p p and/or storn e Waste/Sa lvage Automobil e C p 16-5-wrecking/ 2.0 .] sa lva c d Commercial C incinerator Hazardous C C 16-5- waste handlin 2 .0 .2 Recycling operation , all 16-5-process ing p p 2 .0 .5 occurs within enc losed structure Recyc ling ope ration, some or a11 C C 16-5-processing 2.0 .5 occurs outside an enc losed sttucturc Sanitary C service • 18 station (not including C C hazardo us waste) ACCESS ORY USES-See Section 16-5-4 for additional r ul ations Home Care Adult C Accessory Uses depen dent care A A A A A A A (Accessory to A • Principal One• Family chi ld C Unit Dwelling A A A A A A t. Uses Onl y) care home A Infant/toddler C home A A A A A A A A Large chi ld L L L L care home A A A A Other Accessory Caretake r's A A A A A A Uses uaner Dormito A A A Home A A A A A A A A A 16-5- occu ation 4.C.l Minor utility L L L L L l. L L focility (as L-L-I.: L-L-L-16-5- accessory use A A A A A A A a A A A A A A 2.B.I of land A A A A t. A A A A A 16-5- 4.C.2 A A A A A A A A A A A A A A A 16-5- an tenna 4.C.3 Service units A A A A 16-5- or fa cili 4.C.4 Swimming A A A A A A A A A A A A A A 16-5-• ool 4.C.5 Wh olesale lo-5-A A A A 4.C6 19 Ex.pa"1Sion or replacement of T T T T T T T I I T T T T existing faci li ties Fanners I T T T T T market Food Vendor I I T T T T T Cans Mobil e storage • (with or witho ut T T T T T T T I I T T T T T building ennit Rea l eslate sa les or leasing offi ce T T T T T T T I I T T T T T (al so model homes Outdoor Sales (e.g., tent sa cs, parking lot sales , seasonal sales , I T T T T T wi ndshield repair , sal es from retail ve nd or carts, CIC . Speci al event (e .g., carnival , T T T T T T T I I T T T T T bazaar fa i..· Tents, T T T T T T T I I T T T T T cano ies USE.SNOT MENTIONED Sec 16-5-1.B for procedures aad criteria for approving unlisted uses , including unlisted accc,sso and tern uses . • 2 0 • • • Section 5. The Cit y Coun cil of the Cit y of Englewood, Colora~o hereby authorizes amending Title 16 , Chapter 5, Secti on 2, of the Englewood Municipa l Code 2000, ,to read as follows : 16-5-2 : Use-Specific Sta · iards. A. Residential Us es . !EDITORS NOTE: 16-S-2(A)(J) through (5) contains no changes and is therefore not included here) ~ One-uni' dwdlin& in the M-1 and M-' Zone district s are 2em1itted onlv as r@lacc~ uses for one unit dwellings that existed on the effecti ve date of this title !EDITORS NOTE: 16-S-2(A)(7) through (8) contains no changes and is therefore not included here) B. Public/Institutional Uses . [EDITORS NOTE: 16-S-2(B) contains no changes and is therefore not included here) C. Commercial Uses . !EDITORS NOTE: 16-S-2(C)(I) and (C)(2) contains no changes and is therefore not included here) 3. Automotive Sales, Rental ; Commercial Storage of Operable Vehir.ies ; Parking Area, Surface (Operab le Vehicles); and Parking Facility, Structure (O~·-able Vehicles). a. Standards . (!) Drainage, Surfacing and Maintenance. Areas subject to wheeled traffic , whether for parking, sales, or storage, shall be properl y graded fo :· drainage, provide on-site detention of stonn run off, and be surfaced with a hard surface, pursuant to 11-3-5 EMC and the storm drainage criteria adopted by the City. (2) Scre ening. An obscuring fenc,: or wall , at least four ( 4) feet in height , shall be installed along any property line adjacent to a residentially zoned property. Fec ·,s may not be required at access points or where a building provides adequate screening. (3) Marking of Parking Lots, Structures , and Car Sales Lots . Parking space s shall be marked and maintained on the pavement , and any othe r directional markings or signs shal l be installed as permitted or required by the City to ensure the approved utilization of space, direction of traffi c flow, and general safety . Spaces desigred and used for the di sp lay or storage of inventory in a sales lot shall not be rL'(juired to be marked. ( 4) Bumper a11d Curb. To ensue the proper main :enance and utilization of these facilities, parking areas ~h•ll be desi;,ned so that a parked vehicle does not overhang the public nght-of-way , or public sidewalk. A pennanenl curb, bum, er, or similar device shall be installed that shall be adeq uate to ryrotr.ot the public right-of-way or publi c sidewalk from vehicular overhangs and to protect ,ny structure from vehi cular damage . 21 (5) Enrrances and Exits . Areas subject le wheeled traffic shall be provided with entrance s and exits so located as to minimize tra ffic congestion . Vehicular ingress and egress to maj or or minor arteria ls from off-street parking shall be so combined , limit ed , located , designed, and co ntrolled with flared and/or • channelized intersections as to direct traffic to and from such public right-of- way conveniently , safe ly and in a manner which minimizes traffic interference and promotes free traffic fl ow on the streets without excessive interruption . (6) Lighting . All lighting shall be designed and loca ted so as to co nfine direct rays to the premises . Lighting faci lities shall be so arranged that they neither unreasonab ly disturb occupants of adjacent re sidential propenies nor interfere with traffic . Lighting facilities shall not exceed twenty-five (25) feet in height. (7) Proximity to Public Right-of-Way. No equipment at filling stations or public garages for the service of gasoline, oil , air, water, etc ., shall be closer to the public right-of-way line than fifteen (15) feel and shall not be located within the required sight triangle . (8) Restrictions on Use of Parking Area. No public or required parking area shall be used for the sale , storage, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies . Thi s '·ell not preclude emergency repairs to a motor vehicle . (9) Back-Out Parking. Parking areas shall be designed so that ve hi cles are not permitted to back out of the parking area onto a public street. ( I 0) Alley Improvements . Whenever access to the parking lot or loading areas in any busines s or industrial district is by way of any alley, the developer shall improve such alley access to City specification s. ( 11 ) Lo t Frontage. There shall be a minimum of seve nty-five (75) feet of frontage on a major collect or or anerial roadway for any use estab lished under 16-5 -2(C)(3) EMC. Frontage is based on tlte most signifi cant adjacent roadway. Frontage on more than one major collector or anerial shall not be combined lo meet minimum frontage requirements. (12) Buildings. Upon the estab li shment, development, or commencement of operation of an automotive sa les or rental business use; new or existing buildings shall be brought up to the current specific codes ado pted by the City, including but not limited to : building, electric , plumbing, mechanical and zoning, or the buildings must be removed prior to operating any use under tl1is paragraph. (JJ) Parkins Areas £Surface} are Prohibited as a nrinciole use wit hin the fir st l 00 feet ofnnv lot adiaccnt to Hnrnndcn Avenue within th e M-1 nod M-2 zone ~ !lil Parkins Fa cili ties £Structure) imrnedintclv adi acent to Harnode~ within the M-1 and M-2 zone district s shall incomorat e ISMable srnund floor commerci al soace to a minimum dePth of20 feet along 75% ofth s entire width of Humnden Avenue frontage b. Implementation Periods for Automotive Sales or Ren ta l Use Specific Standards. 22 • • • • • (I) lfan au tomolivc sa les and ren ta l use ha s not existed since Janu ary 1, 1995. on the subject propert y, all Use Specific Sta ndards of thi s para graph 3 shall appl y. (2) If the owner of an aut omoti ve sales and rental use propert y documents that an automo 1ive sale s and rental use wa s li censed 10 operate by the State of Co lorad o on the subject propert y after January I , 1995 , but ha s not been li ce nsed to operat ~ an automotive sales or renta l use for the fi ve -year period prior to the date of app li cation for limited use, then the property sha ll meet all the Use Specific Standards under this sub section 3 except the requirement to provide sevent y-five (75) feel of fr ontag e set h rth in 16-5-2(C)(3)(a)(l 1) EMC . [E DITORS NOTE : 16-5-2(C)(4) throu gh (12) and 16-5-l(D) co ntain s no changes and is ther efore not included here! Sec tion 6. The City Council of th e Cit y of Englewood , Co lorado hereby authorizes amending Title 16, Chapter 6, Section!, of the Englewood Municipal Code 2000 , to read as follows : 16-6-1 : Dimensional Requirem ent s. [EDITORS NOTE: 16-6-l(A) contains no changes and is therefore not included here! B. Summary Table of Dimensional Requirements for Prin cipal Uses and Stru ctures. Al l principal strucrures and uses shall be subject to the intensity and dimen sional standards set forth in the fo ll owing Tabl e 16-6-1 .1. These standards may be further lim ited by other applicable secti ons of this Ti tl e. Additio nal re gu lations for the residential di stricts , and specia l dimensional regulations re lated to lot area, setbacks , height, and floor area are set fo rth in the sub sections immediately fo ll owing th e table . Rules of measurement are set fo rt h in subsecti on 16-6-1 .A EMC . D',nons iona l requirements for accessory structures are set forth in subsection 16-6-1.I EMC . 23 Dwelli ng on a 6,000 None 40 so 32 25 20 Sma ll Lot S 14 1 All Ot her 24,000 No ne 35 200 32 25 25 25 Allowed U= R-1-BDhtrlct On e-U nit 7,200 No ne 40 60 32 25 20 Dwellin On e-Unit 6,000 Dwelli ng on a (4) None 40 so 32 25 20 Sma ll Lot S All Other 24,000 None 40 200 32 25 25 Allowed US<S ·- R-1-CDlstrlct One-Unit 6,000 None 40 so 32 25 20 Dwell in One-Un it 4,500 Dwelling on a [4) None 35 37 32 25 20 • Small Lot S" All Oth er 24,000 None 40 200 32 25 25 25 Allowed Uses R-2-ADlstrlcl Onc-U ni1 6,000 No ne 40 so 32 25 20 Dwellin One-Unit Dwelli ng on a 4,000 None 35 40 32 25 20 Sma ll Lot 5 Mu hi-Unit Dwe ll ing 3,000 None 40 2S per uni! 32 25 20 (Maxim um2 per unit [4) unit s All Other 24.000 No ne -n 200 3: 25 25 25 Allowed Uses R-2-11 District One-Unit 6,000 None 40 so 32 25 20 Dwelling One-Unit Dwellin g on 1\ 4,000 No ne 35 40 32 25 20 Sma ll Lot S Mult i-U ni t Dwellin g (Maxi mu m 3,000 60 2S per unit 32 25 20 Uni1s Based on per uni t None [4 ] • Lot Area & Lot Width 2 4 One-U ni t 6,000 40 50 32 25 20 Dwcllin No nr On e-Unit Dwell ing on a 4,000 No ne 35 40 32 25 20 Sma ll Lot 5 Mult i-Uni t Dwe llin g (~aximu:n 3.000 No ne 60 25 per unit 32 25 25 Units Based on per unit (4 ) Lot Arca & Loi Width) Private Off- Sncet Parki ng 12,000 No ne 70 No ne n/a 21 15 15 Lots 1.5 (Ex cl uding Offi ce, limited 15,000 the gross flo or so No ne 32 ~s 15 25 area of parkin g • stru c1urcs t\11 Ot he r 24.000 None 60 200 32 25 25 25 Allowed Uses MU~R-3-8 Distr lc l Stt Additional R ulati ons Foll owiu lht T a ble One-Unit 6.000 None 40 so 32 15 20 Dwc lli n On e-U ni t Dw ell ing on a 4.000 None 35 40 32 25 20 Sm all Lot 5 2-4 uni 1s: 3.000 Mu lt i-Uni t per uni t; l -4 2-1 uni ls: Dwe lli ng Each un its : 32 s (Max imum addi ti on • 75 None 15 25 Units Based on al un it None More More thnn Lot Arca & Lot O\'Cr 4 tho.n 4 4 un its: 15 Width) uni ts: units · 60 1.000 per unit 4 1.5 (Excl udi ng the Offi ce. Limi1ed 24.000 gross Ooo r area of 75 None 60 15 15 ill 25 par king !<!1mctures) • All Othcc 24,000 No ne 75 None 60 15 1; 25 All owed Uses (4) Live/Work Dwelling Multi-Unit Dwell ing [4] All Oth er All owed Uses MU-B-2 Dl 11rlc1 Multi-Unit Dwelling [4] All Other All owed Uses TSA Dlstrlcl 1-1 ANDI-2 All Allowed Uses Except Manufa ctured Home Parks Manufactured Home Parks No tes to Ta bl e: No ne None None None None No ne No ne No ne No ne No ne No ne None 100 100 100 0 and no more than 5 fe et 0 and no more thrm 5 feet 0 and no more than Sfeet Stt Add ldoual R ul1 tions Follo wl n the Table None None None No ne None None No ne None 60 None 60 0 and no mo re th an 5 feet 0 and no more tha n 5 feel Pltast refer to Stcdon 16-6-14 EMC, ofthL'f Chap ter and tht applicable Station Area De.dgn Standard.'f and Guidelines or intt nsin, and dim ensional standards. 2:1 None None Where a building abuts upon, adjoins , or is adjacen t to a res iden tial zo ne di stri ct, No ne minimum setbacks of 10 non all sides r.re required, except as req uired in Sec tion 16-6-7 .K. "Screenin Re uiremen ts." Sec Section 16-5-2.A.3 , above. 111 ·n,e minimum side setback stated in thi s tab le fo r one-unit attached and multi-unit dwe ll ings shall appl y to the entire dwell ing struct ure, and not to each individua l dwe ll ing unit loca ted in th e structure. 121 The minimum side setb ack s1andard for principal residential dwellin gs in the residential (R) zone distri cts, as sta ted in th is Table, shall app ly to such dwell ings that exi sted on the Effective Date of thi." Ti tl e. However, principal residential dwe ll ings existin g on 1he EfTec1ive Date of thi s Ti tl e, nod whi ch as of that date arc not in compliance wi th the minimum si de setba ck sta nd ard s establis hed in this Table , shall no t be conside red nonconfo m1in g stru clures due so lely 10 lhe dwelling's nonco mp liance with th e minimum side setback. Such dwellings are "grandfath ered," and shall be co nsidered lega l, co nfonni ng strJ ;turcs fo r the purposes of sa le and deve lop ment under thi s Tit le and other Cit y buildin g and safety reg ulation ~. St ,e Sec ti on 16-9-3 (Non co nfo rmin g Structures), below. (31 The minimum se para ti on between princip al bui ldings located on th e same or adjoini ng lots, whethe r or not the lots are under the same ownership , ehnll be fifl een feet (15'). (41 See Section 16-6-1.C fo r add itiona l dimensi ona l inandards appropriate to the zo ne di stri ct. 5 Smn ll lol of reoo rd on or before Febru 23, 2004 . 26 • • • One-Unit 6,000 40 50 32 25 20 Dwellin None One -Ur.it Dwelli ng on a 4,000 None 35 40 32 25 20 Small Lot 5 Multi-Unit Dwelling \·' wd mum 3,000 None 60 25 per unit 32 25 25 Uni ts Based on per un it (4( Lo t Arca & Lot Width) Private Off- Street Parking 12,000 None 70 No ne n/a 25 15 15 Lots 1.5 (Exc ludin g Offi ce, Limit ed 15,000 the gross fl oo r 50 No ne 32 25 15 25 area of parkin g • structures) All Other 24,000 None 60 200 32 25 25 25 All owed Uses MU-R-3-B Dlstrkl See Additiona l R ulations 1-"o llowio 1b, Table) Ooe-Unit 6.000 None 40 50 32 15 20 Dwcllin One-Unit Dwell ing on a 4,000 None 35 40 32 25 20 Small Lot 5 2•4 unit s: 3.000 Multi-Un it per unit ; 2-4 2-4 units: Dwelling Eac h units : 32 .I (Maximum addi tion-75 None 15 25 Uni ts Based on al unit None Mo re More than Lot Arca & Lot over4 than 4 4 units : IS Wid:h) unit s: units: 60 1.000 per unit 4 1.5 (Excluding th e Office. Limited 24,000 gross floor area of 75 None 60 15 15 131 25 parking Stmclurcs) • All Other 24,000 None 75 None 60 15 15 25 Allowed Uses (4] l:illllQ l:illllQ ~ ~ g ~ ~ w !ll ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ & ll & l l l l ~ 11ml -Uil 11.111d ~ §JIii 1lsillll ll2JHl 1111 ~ 6lllmll g l:illllQ l:iu -g llllWi ~ lljQm ~ ~ ~ ~ w w :Illa w 11ml w llllli lillll.lJI -1l2 l;.U C. Additional D,. >n.rio11al and Developm ent Standards I. Muhi-Unir Developmenr Standards in R-2-A, R-2-B , MU-R-3 -A and MU-R-3-B Di stricts . a. Applicability. The following standards apply ro all mulri-unir dwellings coastruored or convened after th e effective dare oft/ti s Section . b. Multi-unit dwellings existing on the effective Dare of this Section and which as of that date arc nor in compliance with •tandarc!s established by this Section, sba)/ not be COnsiderod noneonfolll)jog due solely to the dwelJing•s nonc.,mpliancc With the standards ofthi, Section. Such dwellings are "i:ran dfathcted," and sha]J be eonsidctoc1 legal, COnfonning structures for the PUIJ)oses of sa le and development under this Title. c. Propcny having rear alley access. (/) Minimum lot Width shall be 25 feet per Unit. (2) Driveway access from the public street shall be prohibited, except for: (a) Comer lots where garage, catpon or parking pad may be accessed from the side Street. (b) Dwellings with four (4) or more Units may have one driveway accessing the streer. (3) Parking pads Within th e fronr Yard or front setback shall be prohibited . d. Property Without rear alley access . (I) Minimum lot width shall be 30 feet per uni t. (2) Garages, carpons and parking pad s sha ll be off-ser behiad the front building line of each Unit by a minimum of 5 ,:et . (3) Minimum separation between driveways or parking pads of attached Uni ts shall be 20 feet . (4) Maximum driveway and/or parking pad width Within front Yard or front setback shall be 10 feet per unit. (5) The maximum garage door Width on the front facade of the structure shall be 9 feet per Unit. (6) A parking pad may be located in the front yard or front setback only when a garage or catpon is nor Provided . (7) An opaque fence or wa)J shall be provided between driveways or parking pads on adjacent ProPctties . 28 • • • • • (8) Units that pro vid e attached garages behind the rear b•ii lding line of the principa l structure ma y reduce the prin cipal stru cture's rear setb ack to I 0 feet. (9) It is reco~'Ilized that because of the wide variety of multi-unit development options , the City Manager or designee may on a case-by- case bas is consider minor deviati ons to d (2) through (7) above, whenever such deviations are more likely to satisfy the intent of this subsection. 2. MU-R-3-B Di st rict. a. The minimum lot area standards set forth in Table 16-6 -1 .1 apply to parcels of land containing Jess than fony-thrce thou sand fi ve hundred sixty (43,560) square feet ( I acre). Parcels of land containing fony-threc thousand five hundred sixty (43 ,560) square feet (I acre) or more may be developed at a density of one (I) unit per one thousand eighty-nine (1,089) square feet. b. The minimum Jot area standards set fonh in Table 16-6-1.1 for "office limited" and "all other allowed uses" shall not apply to an existing structure convened to accommodate an allowed nonresidential principal use on a lot having less than twenty-four thousand (24 ,000) square fe et, provided the al lowed conversion complies with district residential design standards and required off-street parking and landscaping requirements . 3. Residential Use in MU-B .. J and MU-B-2 Districts. a. Dwelling units may be incorpc,rated into the san1e buildin g as the commercial use (not as a stand-alone use) b. The commercial use occupies the majority of th e ground flo or of the building , and is directly access ible from an adjacent public street or sidewa lk. 4. MU-B·~-Di strict. a. Relief fro m front set back requirements set fonh in Table 16-6-1.1 may be provided in the si tuations li sted below conditioned on the establishment of a strong development edge along the front propert y line . (I) Addition to an e,,_isting building . (2) Commercial lots with more than two hundred fifty (250) feet of commercial :zoning and lot depth. (3) Drive-thru uses . (4) Outs ide dining. 29 oundaaes are d . SPIGledi Fi __ ~-~ I Zon, . n figure 16·6 C2a) Rri1lltZ:>1r8o undarits ,. . _ ..... ,~· ct,,••""'...,-_MM ..... "'.,'"w";',' Exemmioo : ct a • • • • Fieu rt 16-6(2 b): Properties Eicmpt fro m 1ht Mu. Rt1 1il G ro n Foor Area R rquirc,nrr., (G ra y) d. Minimum l,iueal Street Fromagc· l Building frontages arc reauired to cover a minimum distance of75% of the lenRJh of the front Int tine measurW adiacent to and nara ll el wi th the front 1°1 Jinc . ;; Building fro ntaees are reauired to r-0ver a minimum distance of 25% of th e leuGlh of the side lot Une abuttin g a strset measured ad iacent 10 and oaralte l with the side lot Uns- 31 Figure 16-6 (2c): Minimum Linul Slrett Fronugr Examp le: Jij0xlO0' Loi 100' Cl) a: Cl) ,-- ~ ,-- 5 · Cl) ~ C Lot ::: 5· "' Cl) a: Cl) r r l,. !J 1[ ,--------1 I ' I I 'J . ....J ~ l&wi of Irnosnareocv· 75%Mln.Llneal StrHI Frontage •75' Front Lot Line Abutting Main Street New cons tmction no4additions ofwund Door retail sna ce fron 1ine on a nubli c street §boll io AAmornte transparent slnss for a nercentagc of lhe lineal street frontase of the fi uu fl oor These windows sha ll be a minimum of five feet C5 'l high and mounted not more th an three feet six inches (3'6'') hish above the interior floor level for a tot al height ofeieht feet six inrhes C8'6 ''). J.. ~0 minimum building lineal woe oftra nsonrencv measured ad is nt to and oarallel with the front lot line is rcouircd 32 • • • • • • Fieurt 16-6(2b): Proptrtiu Eu1111H from 1h r Mu. Rrull Gron Foor Arn Rtquircmcn1 {Guy) Q. Minimum Lineal Street Frontaee· 1. Building frontages arc required to cover a minimum distance of 75% of the Ienmh of the front lot Hos mmwed ndiocsnt to ond owllcl with the front lot line- ~-Building frootaees are required to cover a minimum distance of25% of the ienotb of the side lot line abutting A street measured ndincsm to and 1arallel wjtb the side lot line - 31 Figure 16-6(2<): Mi ni mu m Li n,al St rw Fronu.a• !::,ample: 100. 100' Lot 100' ~ ~ ~ ~ Lot 1 en a: .. en [ r -.,'II u 11 ;. Zone ofiraosnarencv· 75~Mln.Une1I Street Frontage :1175• Front Lot Line Abutt ing Ma in Street New cons truction and additions of ground floor reta il sua ce fronting on a nublic street shall iooomora te tran snarent vtnss for n 2e rceotagepf the lineal street fromage of the first floor These windows shall be a minimum of fiv e feet C5 'l bieb and mounted not more than three feet six inches t3'6''l hish above the interior floor level for a total heisht of eivbt feet six inches C8 '6 "). ,l. A 60% minimum bui ldi ng lineal zone oftransnnrencv measured nd ia cent to Md naralle l wi th th e front lot line is reouiced 32 • • • • • • ~-t\ "5% minimum building linen! zone oftransoarencv measured ad iilllll 10 and oarallel with 1he side lot line fro nting a oubli c strce, is reattiwl . Fie ure 16-6{2d): Zone of Transparency 8'6" 3' 6" f. Reauired Building Entrances: All buildings sha ll have a orimaD' wund floor entrance fmm ins a nublic ~ g. Setback Reouirements · .L Minimum side setback mav he reduced to O feet to confonn with an ~' strucnue's O foot rear or side setback ~ Minimum rear setback mav be reduced to O feet for lm s les s than l 00 ~ l. Onen air balconies mav extend l O feet into th e unner storv front setback- ~. Relief from front setback recuirements set foo h in table I 6-6-1 I maY.WF Provided for outside dining areas on the establishment of a strong dcvelooment edee alon g the front nroocrtv line (EDITORS NOTE: 16-6-l (D) throug h (F) co ntains no changes and is therefore not incl uded here( G. Bulk Pla11e Req uirements. 1. Intent. The bulk plane requirements in thi s subsection are int ended to en sure th at new residential development , including additions and expansions of ex isting dwellings , provides adequate light and privacy to neighboring properties . In add iti on, the bulk plane req uireme nt s are intended to assure greater design compatibi lity in terms of building ma ss and scale within Englewood neighborhoods . 33 2. Applicability and Exceptions. n. Applicability. Except as exempt by thi s subsection, th e bulk plan e requiremen ts in thi s sub secti on shall appl y to : (I) All new re sidential development subject to the Residential Des ign Standards and Guidelines in Sec ti on 16-6-10.B . EMC; (2) All new residential development on legal, nonconforming lots that have lot width s less than th e minimum required by the applicable zone di strict; and (3) All new residential development on small lots . b. Exceptions. (I) The bulk plane requirement s in thi s subsection sha ll not apply to new residential development in the MU-B-1 , MU-B-2 , M-J M-2 M-0-j M- ll:2. or TSA il9M districts . The bulk plane requirements in this subsection shall not apply to structures or portions of structures exempt from the maximum height limits, as specified in subsection 16-6-1.E .1 EMC. (2) Donncrs with window(s) ma y partia ll y protrude through the bulk plane defined below for a maximum cumulative length of fifteen (I 5) linear feet , mea sured horizontally at the point of intersection with the bulk plane, and provided the vertical height of a dom1er window does not extend above the height of the ridgeline of the roof surface from which the donncr protrudes . (3) Eaves ma y extend up to twenty-four inches (24") into the bulk plane , provided it does not project further int o a side setback than the maximum projection allowed by 16-6-1 :F5(b)(I ). The extension shall be measured horizontally from the building wall to the furthest extent of the cave . (4) Gutters may extend int o the bulk plane , regardless of whether the eave proj ects into the bulk plane . 3. Bu lk Plane Requirem ent s. Except as specifically excepted in subsection G.2 , above, no pan of any struct ure subject to the se bulk pl ane requirements (including air conditioner, elevat or penth ouses, and oth er mechanical equipment) shall project throu gh the following defined bulk plan es, whi ch define a building envelope for the subject lot: a. A horizontal line that is loca ted directl y above the side lot line and which passes through a point twelv e feet (12') above the midpoint of such side lot line; and b. The intersecting lines that extend over the lot at a pitch of 12: 12 (45-<legree angle) from the horizontal line s defined in paragraph (a) above . 34 • • • • • • Fieure 16-6(3): Bulk Pla ne 1 ~ I proper ty lin e m••lmum height I ' j lx'f I II i I 1 4s• I, ' l,s· : i I I I 1:Z' i l 1l Co 111111 e111a1J• to Figure 16-6(3) [above]: The shaded po rtion of th e i/Jus tration above dep icts th e defi ned bulk plane, which must co111ni11 th e ellfire dwclli 11 g _.a,,,cture (wir h limited exceptions/or projectin g dorm ers and chimn eys). Th e bulk pltme is measured at a forty-five degree (45') 1111gle from a hori:011tal lin e locl/ted directly above each side lot lin e and which passes through a point twelve f eet (12 ') above the midpoint of such side lot lin e. Thefifreen f ee t (15 J vertical height shown;,, th e illustration indi cat es the point wh ere the bulk p lane i11 th is example inclin es toww·d the center of th e lot, acco,mtingfor a three foo t (3 J side setback req uired in several of th e res ident ial :o,ie di stri cts. I EDITORS NOTE: 16-6-6(H) co ntains 110 changes and is therefore not included here! I. Summa ,y Ta ble of Dim ensiona l Requirememsfor Access01J1 Stmctures. Tabl e 16-6- 1.2 be low sets fo rt h wha t types of stru ctures are pennitted as accessory in each of th e Ci 1y's zo ni ng distri cts, and th e app li cab le dim ensional standard s fo r th e accessory stru cture . If an access ory structure is not li sted in the tab le, but sat isfi es all the ge neral sinnda rd s se t fonh in sub secti on 16-6-1.H EM . th e Cit y Manager or 35 designee may pennit the structure subjc'Ct to the unlisted use proc edures in Secti on 16-5-1.B EMC and the dimensional standards set fonh in this Section 16-6-1 EMC . 36 • • • Detached garages and all carports Detached garages and all carports • All Residential Districts TSA, and all ~ - I-unit dwelling: I garage and I carport, 2-unit dwelling: I garage and I carport per unit. More than two- unit dwelling: I garage or carport per unit. - 16 • Shall conform to the woe district's minimum front setback applicable to the principal structure and to applicable residential development and design standards of this Chapter R-1-A: 5 Other districts: 3 Business and I Shall conform to zone district standards for prineiJ>al structures. Industrial Districts 37 - If entrance faces alley: 6 If entrance faces street or side lot line: 3 Combined maximur.. total floor ares 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 to another use the existing driveway or carport in the front setback shal l be subject to Parking Pad regulations-Standards and guidelines. • • • Secti on 7, The Cit y Co un cil of the Ci ty of Engle woo d, Co lorado he reby auth orizes amending Title 16 , Chapter 6, Secti on 3, Subsec ti on F-"Vehicle Access and Circula tion" of the En glewood Mw1icipal Code 2000 to read as fo ll ows: 16-6-3: Streets and Vehicle Access and Circulation. F. Vehicle Access and Circu/a,ion . I. Acces s to Public Roads . All new lot s shall have direct or indirect access to a dedicated publi c street, through one (1) or more access points approved by the City. In addition to direct access to a dedicated public street , access may be provided through pri vate streets or through alleys. a. No back-out driveways from any type of use shall be permitted onto an anerial street . b. No back-out driveways or back-out parking spaces from multi-unit residential on sites with alley access , commercial , or industrial uses shall be pcrmined onto a public street. This requirement shall not prohibit back-out driveways or parking spaces onto an alley, 2. Traffic Impact Analysis . A traffic impact analysis (TIA) shall be required with applications for development review and approval when trip generation during any peak hour is expected to exceed one hundred (I 00) veltlcles , based on traffic generation estimates when trip generation during any peak hour is expected to exceed one hundred ( 100) vehicles , based on traffic generation estimates of the Institute ofTransponation Engineers' Generation Manual (or any successor publication). The City may also require a TIA for: a. Any project that pr-iposes access to a ,,treet with leve l of service (LOS) "D" or below; b. Any application for a rezoning ; c. Any case where the previous TIA for the properly is more than two (2) years old ; d. Any case where increased land use intensit y will result in a fifteen percent (15 %) or greater increase in traffic generati on ; and e. Any case in which the traffic engineer determines that a TIA shou ld be required because of other traffic concerns that may be affected by the proposed development. f. When access points are not defined or a Zoning Site Plan is not available at the time th e TIA is prepared , additional studies may be required when a Zoning Site Plan becomes available or the access points arc defined . 39 3. New Int ersections and Curb-Cut s. a . Ge nera l Rules. The number of intersections and curb-cut s on streets and highways shall be min imi zed co nsistent with the ba sic needs of ingress and egress. Int ersecti ons and curb-cuts shall be des igned to prov ide the greatest safety fo r both pedes tri ans and mo toris ts. b. Driveways, Residentia l. (!) One-Unit and Multi-Unit Dwellin gs Containing Up to T:U-ee (3) Unit s. (a) The width of any driveway leading from the public street to a one-unit dwelling , or multi-unit dwelling containing up to three (3) units shall not exceed twenty feet (201 at its intersection with the street. (b) Sec also Section 16-6 -!C.4 EMC , "Mult i-Unit Development Standards in R-2-A , R-2-B, MU-R-3 -A and MU -R-3-B Districts," for additiona l driveway standards that apply to multi- unit dwellings on properties with or without alley access. (c) Sec also Section 16-6-10.B. EMC, "Res idential Design Standards and Guid elines ," fo r additional dri veway standan' th at appl y to new residen tial development , including sub stantial expansions or alterations of ex isting dwellings, in the R-1, R-2, and R-3 zon e distri cts. (2) Mult i-Uni t Dwellin gs Conta ining Four ( 4) or More Units . (a) Th e width of any entrance dri veway to a multi-unit dwellin g containing four (4) or more unit s shall not exceed twenty-five feet (25') at its intersection with the street, unle ss th e applicant can demonstrate that adtl it ional width is required to adequat ely accommodate anti ci pated driveway volumes . (b) In new multi-unit devel opments not located within the M-l M- 2 M:9 -1 end M-0-2 districts containing ten (10) or more unit s, vehicul ar access shall be spacr.d no closer than twenty-five fe et (2 5') to any adja cent property line . However, the City may reduce thi s setback req uirement ,o permit a singl e vehi c ular access poi nt Uia t can serve two (2) adj acent prop ertie s or where compliance with these requi re ment s wo uld deny ve hi cul ar access to a prop ert y. c. Driveways , Non residr ·•ia /. Th e location and size of driveways leadi ng fro m th e publi c street to a · .iresidcnli al or mi xed-use build ing is subj ect to th e foll owin g co nditions: 40 • • • • • • (!) No portion of any driveway sha ll be clos er than forty feel (40') 10 th e curb lin e of an intersecting street , or clo ser thnn ten fee t (10') from a fire hydrant , catch basin, or end of curb radiu $ at comers . (2) In new non rt.~sidentia l developments DOI located within the M- ~iU. and M-0-2 di"lliW, vehicular access shall be spaced no closer than twent y-five feet (25 ') to any adjacent property line . However , the City may redu ce thi s setback requirement to permit a single vehi cular access point that can serve two (2) adjacent prop::rt'.os or where compliance with these requirements would deny vehicular access to a property . (3) Only one (I) access per street frontage shal l be permined, unless a Z.Ouing Site Plan or traffic impact analysis shows , and the City agrees, that additional access :,oints are r.:quired to adequately accommodate driveway volum e,. and that additional access will not be detrimental to traffic flow . (4) The width of any entrance driveway shall not exceed thirty feet (30', measured ak,ng its intersection with the property line . 41 Scclion 8. The City Co un cil of th e City of En glewood, Co lorado he reby auth orize s amendi ng Tu\e 16, Chap ter 6, Section 6, "Fen ces and Retainin g Wall s" of the Eng lewood Mun icip al Code • 2000 to rend ns fo ll ow s: 16-6-6 : Fences and Retaining Walls. !EDITORS NOTE: 16-6-6 (A) through (E) contains no changes and is th erefore not included here) F. Fence Stan dards. 1. Pcnnitted Fenc e Locati on, Class , and Height by Zo ne Di stri ct. It shall be unl awful fo r any perso n to erect a fen ce or for any propeny owner to all ow a person to erec t a fenc e th at does not confonn to th e standards enwnerated in thi s Section and the standard s for all zoned di stri cts, as described in Tabl es 16-6-6.1 thru 16-6-6.4 : r· . ,. , . ,,-·,-· .. ~,, --.7 •1 '~ii:7~\";'i"1i"fTIT,1~':?',•~7] [_ . r·.··l . I., -,.: ., f,f11,i,1.'1 "\-1;1i'jf{r/Wl~'";fl i"'"· -'\ , ilt{''j 'fi) i pl 11 ' 11 • ~ -'t' • . ·-· _iliJ _ _l..~J~L1!1J.:£:!,J:.~~-~.JL 'i ~ \ R-1-A FRONT SETBACK : R-1 -B a. Solid Co nstruction 1,4 3 R-1-C R-2-A b. Open Constru cti on 2, 3, 4, 5, 6 4 Fences in a front yard sha~, I R-2-B . FRONT SETBA CK: not int er fer e with or obstru c a. Solid Co nstru cti on I, 4 3 visibilit y with in a req uired MU -R-3 -A b. Open Cons tru ct ion: sight di stance tti ai1gle . MU-R-3-B i. Res id ent ia l 2, 3, 4. s. 6 4 ii. Nonre sidential 1,2 6 4, 5, 6 4 R-1-A SIDE R-1 -8 SETB ACKIF ENC ES 6, . Fences in a sid e yard shall R-1-C not interfe re with or obs truct R-2-A , BEHIND THE FRONT I, 2, 3, 4, excep t as noted in visibility within a requi red SETBACK LINE: 5, 6 Additi onal R-2-13 , So lid and/or Open Requirement s sight dist ance tri angle. MU-R-3-A, Co nst met ion MU-R-3-B R-1-A R-1 -B 6, . Fences in a rear yard shnll R-1-C REAR SETBA CK: not interfere ·t 1th or R-2-1\, So lid and/or Ope n I , 2, 3, 4, excep t as ?li lted in obstmc t visibilit y within a 5, 6 Ad di1innt1 l R-2-B , Cons 1ructi on Requi re1 .,c:.1s req uired sight distance MU -R-3-A, triangle. MU-R-'.>-B • 42 r"'""""'"' ______ --,, ' • .~ ?:: ' :,0------7 I -~ i- ' ,,. I l ----· ----------~· -.G .• '..:W•-~-------·--. -~-___ _J AREA WITHIN 15 Fences in a front yard sha ll not FEET OF FR ONT interfere with or obslruct PROPERTY LINE : visi bilit y with in a required a. Solid I, 4, 5 3 sight distan ce triangle . Constru ction • A combination fen ce ma y be permitted where a solid Mal. masonry base shall have a ~ I, 2, 4, 5 3 maximum height of three (3) ~ feet, and decorative metal ~ b. Open material built on top of that MU-B-1 , Co nstruction base shall have a maximum MU -B-2 , height of three (3) feet and TSA 2 6 shall be at least 75% open . Fen ces in rear and side yards AREA BEYOND 15 shall not interfere with or FEET OF FRONT 1, 2, 3, 4, 5, 6, 7 6 obstruct visibility within a PROP ERTY LINE rnquired sight di stance triangl e. --. -.. -:;~ ·--c --. -------7 J 1 '. I "j ' I -------------~~-------_______ j FRONT YARD : Pc-::oes in a front yard shall not Solid and/or Open 1, 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibilit y Cons tructi on within a required sight distance triannle . SIDE YARD : • fen ces in a side yard shall not 1-1 , 1-2 Solid and/or Open I, 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibility construction within a requ ired sight distance triangle . REAR YARD: . Fences in a rear yard sha ll not Solid and/or Open I, 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibili ty Construction within a required sight di stance trhmgle . 2. Additional Fence Standards. a . Barbed Wire. (1) Barbed wire or other sharp wire shall not be erected or maintained within: (a) Any residential, TSA, or business zone di strict. (b) Any yard area of a property within an industrial zone district that abuts or adjoins property in a non-industrial zone district. (2) Where allowed, barbed wire or other sharp wire may be erected on pennitted fences provided the wire or material is installed at least six feet (6') above grade and does not exceed the pennitted fence height. b. Height. (1) Height means the distance of the vertical fence surface measured from finished grade to the top of the vertical surface. (2) Pillars or posts between vertical fence surfaces may exceed the maximum permitted fence height by ten percent (10%). (3) Trellis and Gate/Entry Features. Trellis and Gate/Entry feature s may be permitted provided th ey do not exceed a height of eight feet (8 ') above grade . (4) When a fence is erected on lop of a retaining wall , the height of the fence shall be mea sured from the top of the retaining wall . (5) When a fence is erected on a wall that is part of, or integra l to the fence construction, the entire structure shall be considered a Class 6 fence and shall comply with Class 6 fence height requirement. c . Design and Location. (1) Separation between pillar/posts shall be a minimum of fi ve feet (5'). (2) Decorative Materials. Decorative materials, including but not limited to tile or glass bl ock, may be incorporated into the design of permitted classes of fence s upon the approva l of the City Manager or designee . (3) Fences in Ease1 m.''h,~-Fences may be pcnnitted within easements. However, the City shall n t IJ c responsible for th e repair or replacement of fences that must be removed to access such easemen ts. ( 4) Fences Adjacent to the Public Sidewalk. All fences sha ll be located on the owner's property but no closer than one foot (l ') behind any public sidewalk. (5) Gates shall be prohibited from opening into or over any public sidewalk, street, • • ITT-• 44 . -r-----~ '" ~ --~ ' ~ '··~ : f, ' ~ ------7 r ~ ,,. l '=---. ---.• ~_.Jil:i.. -·--'-----· ---__ _J AREA WITHIN 15 Fences in a front yard shall not FEET OF FRONT interfere with or obstruct PROPERTY LINE : visibi lity within a req uired a. Solid I, 4, 5 3 sight distance triangle . Construction • A combination fence may be pennitted where a solid M:.I. masonry base shall have a w. !, 2, 4, 5 3 maximum hei l' .t of three (3) Wl:l. feet, and decorative metal M;Q;l. b. Open material built on top of that MU-B-1, Construction base shall have a maximum MU-B-2 , height of three (3) feet and TSA 2 6 shall be at least 75% open . Fences in rear and side yards AREA BEYOND 15 shall not interfere with or • FEET OF FRONT I, 2, 3, 4, 5, 6, 7 6 obs truct vis ibility within a PROPERTY LINE required sight di stance triangle . ------------~ . ~ -~t' -,-1;· -----7 j 1 I . I I ~~ ----.~i.: -.. -·--____ j FRON!" YARD : Fences in a front yard shall not Solid and/or Open I , 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibility Construction within a required sight distance trian,le. SIDE YARD : . fences in a sid e yard shall not 1-1, 1-2 Solid and/or Open I, 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibi lity construction within a required sight distance trian•le. REAR YARD: . Fences in a rear yard shall not Solid and/or Open I, 2, 3, 4, 5, 6, 7 12 interfere with or obstruct visibility Construction within a required sight distance • triane lc . 43 2 . Additional Fen ce Standards. a . Barbed Wire . {I) Barbed wire or other sharp wire shall not be erected or maintained witltin: (a) Any res identi al, TSA , or bu sine ss zone district. (b) Any yard area of a propert y within an indu strial zone distri ct that abuts or adjoir.s propert y in a non•industrial zone district. (2) Where allowed , barbed wire or other sharp wire may be erected on permitted fences provided the wire or material is installed at least six feet (6 ') above grade and docs not exceed the pcnnitted fence height. b. Height. (1) Height means the distance of the vertical fence surface me.'l.su red from finished grade to the top of the vertical surface. (2) Pill ars or posts between vertical fence surfaces may exceed the maximum pennitted fence height by ten percent (10%). (3) Trellis and Gate/Entry Features . Trellis and Gate/Entry features may be pennitted provided they do not exceed a height of eight feet (8 ') above grade . (4) When a fence is erected on t0j.1 ofa retaining wall , the height of the fence shall 1,c m,.a,ured from the top of the retaining wall. (5) When a fen ec is erected on a wall that is part of, or integral to the fence constructi on, the entire structure shall be consi dered a Clas s 6 fence and shall compl y with Clas s 6 fence height req uirement. c. Design and Location. (1) Separation between pillar/posts sha ll be a minimum offivc feet (5'). (2) Decorative Materials. Decorative materials, including but not limited to tile or glass block, may be incorporated into the design of pennitted classes of fences upon the approva l of the City Manager or designee. (3) Fences in Ea sements. Fences ma y be pennitted witltin easements. However, the Ci ty sha ll not be responsible for the repair or repla cement of fences that must be removed to access such easements. (4) Fences Adjacent to the Public Sidewalk. All fences shall be located on the owner's property but no closer than one foot {I') bcltind any public si dewalk. (5) Gates shall be proltibited from opening into or over any public sidewall-~ street, • • m~ • 4 4 • • • d. Lighting . Lighting may be in stalled provided such ligh ting is controll ed by an aut omatic light level switch and is downcast and shie lded so that light is di rected into th e si te and not outward toward adjacent propenies. e. Fence s for Swimming Pool s. Plea s< refer to the Englewood Municipal Code for fen ce requirement s for swimmi ng pools. f. Temporary Fence s. Temporary fence s for construction sites or similar pillJlose shall comply with requirements of the building code adopted by the City. [EDITORS NOTE: 16-6-i(G) through (I) contains no changes and is therefore not included herel Section 9. The City Counc il of the City ofEnglewood, Co lorado hereby authorizes amending Title 16, Chapter 6, Section 7, "Landscaping and Screening" of the Englewood Municipal Code 2000 to read as follows : 16-6-7: Landsca ping and Screening. A. Purpose. lbis Section establishes landscape and screening standards for new development and for redeveloping propenies in order to enhance , improve , protect and preserve the appearance, character , and value of such propenies and their si:rrounding neighborhoods . lbis Section is further intended to: 1. Enhance the aesthetic appearance of development in the City by providing standards relating to quality, quantity, maintenance and the functional aspects of landscaping; 2. Aid in stabilizmg the en vironment's ecological balance by contribu ting to the processes of air purification, oxygen regeneration, storm water runoff reduction and ground water recharge, and to encourage water conservation through water conserving dev ices and xeri sca pe principles; 3. Reduce the noise, heat ~ \J glare generated by development ; and 4. Protect public health, s.,fety, and welfare by nunimizing the unpact of all forms of physical and vi\•tal pollution, screening incompatible land uses, preserving the integrity of ,1eighborhoods, and enhancing pedestrian and vehicular traffic and safety. B. Applicabi/iry. I. This Section sha ll apply to any development loca ted within the Ci ty of Englewood at such time as an application '.s made for any of the following : a . b. A building permit lor a new principal stm cture ; A building permit for exi sting princip al structures that result s in the expansion or increase of the gross fl oor area and/o r off-s treet 45 ?arking area by fifteen percent (15%) or more , or a total of five hundred (500) squ are feet gross fl oo r area , whichever is greater; or c. A Rewning of property. 2. This Secti on shall not appl y where a building pennit is issued for th e restoration, within twelve (12) months , of a building that has been damaged or destroyed by fire , ex plosi on, storm, or accident of any kind , unless such restoration exceeds the expansion pro visions of subsecti on l(b) above. 3. No existing use or lot shall be deemed nonconfonning solely because of th e Jack of landscaped area in the minimum amount prescribed in this Section, provided that such landscaped areas existing on the effective date of this Title shall not be reduced in function (e.g., by paving over the area) or size thereafter, unless a variance is granted acco rding to Section 16-2-16 EMC . C. Landscape Plan Req uirement. General. A landscape plan shall be required as part of a building permit , Zoning Site Plan , and/or rewning appl ication, as stated in subsection 16- 6-7 .B EMC, "Applicabili ty." The landscape plan shall meet the intent of thi s Section by exhibiting a comprehensive design program in tenns of materials, location , size/sca le, function , theme, and similar attributes . Landscape plans shall be re\'iewed by the City to detennine whether they meet all applicab le requirements. Landscape plans shall be drawn according to landscape plan submittal requirement s. 2. Waiver All owed. Where an applicant can show that exi sting land scaping meets or exceeds the total landscaping required by this Section , th e City may waive submitta l of a landscape plan . D. Minimum Landscaped Area Requirements. Properties shall provide a minimum level of area landscaping as follow s: I . Residential Uses in All Residential Zone Districts . 2. a. One-Unit and Multi-Unit Uses Contai ning Up to Three Dwellin g Units. One hundred percent (I 00%) of the front setback area and no les s than forty percent (40%) of the lot area, exclusive of driveway, shall be landscaped . b. Multi -Unit Uses Containing Four or More Dwelling Units. At lea st twent y-five percent · (25 %) of the total site shall be landscaped . Nonresidential Uses in Residential Zone Districts. A minimum of twenty-five percent (25 %) of the total site shall be landscaped. 46 • • • parking area by fifteen percent (15 %) or more, or a tot al of fi ve hundred (500) square feet gross fl oor area, whichever is greater; or c. A Rezoning of property. 2. This Secti on sha ll not appl,• where n buildin g permi t is issued fo r th e restorati on, within twelve (12) mont hs, of a build ing that has been damaged or destroyed by fire , ex pl osio n, storm, or acc ident of any kind , unl ess such res toration exceeds the expansion provision s of sub secti on l(b) above. 3. No existin g use or lot shall be deemed nonconforming solely because of the la ck of landscaped area in the minimum amount prescribed in this Section, provided that such land sca ped areas existing on the effective dste of this Title shall not be reduced in function (e.g., by paving over the area) or si1.C thereafter, unless a variance is granted according to Section 16 -2-16 EMC. C. l.Andscape Plan Req11irement. General. A landscape plan shall be required as part of a building permit , Zoning Site Pi nn, and/or rezoning application, as stated in sub section 16- 6-7.B EMC , "Applicability." The land sca pe plan shall meet the intent of this Section by exhibiting a comprehensive design program in terms of materi als, location, size/scale, function , theme , and similar attributes . Landsca pe plans shall be r:viewed by the City lo det ermine ,vhether they meet all applicable requirements . Landsca pe plan s shal: be drawn accord in g lo landsca pe plan submittal requirements . 2. Waiver All owed . Where an ap pli cant can show that existing land scapi ng meets or exceeds the total landscapi ng required by this Section , the Ci ty may waive submilla l of a landscape pl an. D. Minimum l.Ands caped Area Requirem ents. Pro perties shall provide a minimum level of area landscaping as follow s: 1. Residential Uses in All Residential Zone Districts. 2. a. One-Unit and Mult i-Unit Uses Con taining Up 10 Three Dwelling Units. One hundred percent (100%) of the front se tb ack area and no less than forty percent (40%) of the lot area, exclu sive of driveway , shall be land sca ped . b. Multi-Uni/ Uses Con taining Four or More Dwellin g Units. Al least twent y-fi ve percent (25%) of th e total site sha ll be landscaped . Nonresidential Uses in Resi denti al Zone Di stri cts . A nmumum of twenty-fiv e percent (25%) of the total si te shall be landscaped . 46 • • • • • • d. Li ghting. Lighting may be installed pro vided s uch lighting is controlled by an automatic light level switch and is downcast and shielded so that light is directed into the site and not outward toward adjacent properti es. e. Fences for Swimming Pools. Please refer lo tbe Englewood Municipal Code for fence requirements for swimming pools . f. Temporary Fences. Temporary fences for construction sites or similar purpose shall comply witb requirements of tbe building code adopted by tbe City. !EDITORS NOTE: 16-6-l(G) through (I) contains no changes and is therefore not included here! Section 9. The City Counci l of tbe City of Englewood, -::olorado hereby autborizes amending Title 16, Chapter 6, Section 7, "Landscaping and Screening" o f tbe Englewood Municipal Code 2000 to read as follows: 16-6-7: Landscaping and Screening. A. Purpose . This Section establishes landscape and screening standards for new development and for redeveloping properties in ord er to enhance, improve, protect and preserve tbe appearance, character, and value of such properties and !heir surrounding neighborhoods. lrus Section is further intended to : I . Enhance tbe aesthetic appearance of development in tbe City by providing standards relating to quality, quantity, maintenance and th., functional aspects of lands caping; 2 . Aid in stabilizing tbe environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, storm water runoff reduction and ground water recharge, and to encourage water conservation tbrough water conserving devices and xeriscape principles; 3. Reduce tbe noise, beat and glare generated by development; and 4 . Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, screening incompatible land uses , preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffi c and safety. B. Applicabiliry. l . lrus Section shall apply to any development located within the City of Englewood at such time ns an applicati on is made for any of the following : a . b . A building permit for a new principal structure; A bui lding permit for existing principal structures that res ult s in tbe axpansion or increas e of tbe &-ros s fl oor area and/or off-street 45 • • • 3. Bu sine ss Zone Districts . A. minimum of fifteen percelll (15 %) of the total si te shall be landscaped. 4 . Industrial Zone Districts. A mini mum of fifteen percent (15%) of the total site shall be landscaped. 5. PUD Di stricts. Landscaping req uirements shall be determined on a case- by-<:ase basis. Co nsideration shall be given to the type of de ve lo pment use and adjae<nt land uses . PUD landscape requirements sha ll be guided by the di stri ct's predominant development use and by requirements es tabli shed for similar developments in similar zone districts . 6. Wa1e1 , Wastewater Treatment and Other Similar Large-Scale Public Facilities. I'~ ,re compliance 10 district zone requirements may not be fcas ib1 n ,,, 1-:ical, an alternative compliance plan ma y be submitted. 7. S01·· . Broadway Corridor Properties. a. Rede ve lopin g properties fronting on South Broadway shall be req uired lo provide no less than a minimum of !en percent ( I 0%) of the total site to landscaping upon completion of the rcdevclopment 1 reno vet ior... ~•·· ~1or expansion of the existing development. Landsc.p•n~ sh ll ;,e rC<juired in the front yard area . b. In cases where the landscaping provision ma y not be practical du e to existing area conditions, an alternative compliance plan may be considered by the City. c. Propenies developing between and including th e 3200 to 3600 bl ocks of South Bro,.dway are encouraged to develop with traditional , commerc i'Jl patterns es tab lished with.in those blocks. 8. Multiple-Zoned Properties. Where on,, property is composed of more than one {I) zone district, th o l.ndscape req ui rements of the more restrictive zone, as provi d ed in this Section, shall apply. Sho uld the landscape area requirements be impractical , the City may consider alternative compliance plans. 2. M-J M-2 M-Q -1 and M-Q -' Qjstricts L One-Unit and Multi-Unit Uses Contaiui ns Un to Three (3} Dwelling ~ W For lots ? 000 sauare feet or more jg size one hundred nercent (100%) of the front setback nrea and no less W!!!l fonv nercent £40 %} of the lot area exclusive ofdrivewav sha 1 , be landscaned 47 • • • a. Permitted Screening Ma1 erials. (I) Screening may be co mposed of a solid fence or wall , semi paque land scaping, or benns, or combin ati ons thereof. (2) Landscaping materials used for screening shall comply with the plant material requirements in Section 16-6-7.1 •:.MC . Large evergreen trees (mature height of at least fo rty feet ( 40')) shall be used in an amount equal to or g, ter than fi ft y percent (50 %) of the required total tree plant i1 1gs . (3) Fenci ,.g/wall s for screening purposes ,h,] comply with Secti r,n 16-6-6 EMC . Class 3 and Class 7 fence s/walls \JS rl c,cribed in Table 16-6-6 .2 above) are not permitted for screening purposes. All fences and walls used for screening purposes sha ll be a minimum of .1ix fee : (6') in height , except that walls used in screeninr; an off-street parkiug area D\ .11 an adjacent right-of-way shall be a maximum of thirty inches (30") in height. (4) Screening sha ll not extend into requii od traffic sight distance triangles. b. Permitted Uses in th e Screening Area . No principal or accessory uses , and no structw" (including signs and exterior lighting fhtures), buildings, parking or loading areas, storage, or service ;,reas shall be allowed in a required screening area . Screening shall be continuous and unbroken except for breaks required for pedestrian or vehicle access or connections . c. Minimum S:reening Requirements . (I) Screening Between Nonresidentia l Use and Residential U,o. (a) Minimum Landscaping Required. nne (I) tree and five (5) shrubs per five hundred (500) square feet of screening area . Lru,dscaping sha ll be installed on the side of tl1e fenc e/wall facing the residential use . (b) (c) Minimum Width OJ Screening Area . Fifteen feet (15'), except the width shall be increased to twenty feet (201 if the adjacent nonresidential building is three (3) or more stories in height . Minimum Fence/Wal/ Requirem ent. Six foot (6') high wall or ience on boundary line, with brick 4 9 posts every one hundred twenty feet ( 120') on center, or at lot corners , whichever distance is • less. (2) Screening Betw een Commerci al and Indu strial Uses . (a) Minimum Landscaping Required. One (!) tree and five (5) shrubs per seven hundred fifty (750) square feet of screening area . If a fen ce/wall is used as part of the screening treatment , landscaping shall be installed on the side of the fence/wall facing the commercial use . (b) Minimum Width of Screening Area . Twenty feet (201, which may reduced to ten feet (! 01 if a fence or wall is included as part of the screening treatment. (3) Screening Between Off-Street Parking Arca and llights- of-Way . (a) Minimum Lands.aping Required. (!) (2) Minimum planting One (!) tree and five (5) shrubs per thirt y lin ear feet (30') offront:ge; or A landsca ped berm mectin1, the criteria in the following T~ble 16-{i-7.3. If a berm is used, the tota l minimum width of the screening area may be reduc ed to equal the total width of the berm. Plantings required by paragraph (a)(!) above shall be planted to maximize th e intended sc reening; remainder of berm shall be planted with ground cover and/or sod. (b) Minim;·.,, Width of Screening Area . (I) Adjacent to Arterial ROWs: Twenty feet (20'). 50 • • • (4) • (5) • (2) Adj acent to all oth er ROWs: Ten feet (1 0'). (c) Optional Wall . Screen wall s up to thirt y inches (30") in height are allowed between the required lan dsca ping and the parking area . (d) Credit f or Landscaping. Off-s treet parking landscaping contained in a screening area required by this subsection shall be credited against the perimeter landscaping requirements in Secti on 16-6-7.F EMC . Adjustment s to Minimum Width of Screening Area . The City may increase or decrease the minimum width of the screening area, and/or the amount of landscaping required, when reasonably necess ary to create a more effective buffer, lo better accommodate urban-scale or mixed-use development and redevelopment in the TSA or business zone district s, or where a site contains unique fearures (such as , but not limited to, changes in topograph y between the adjacent uses). All such adjustments shall be pursuant to the procedures for administrative adjustments in Section 16-2-17 EMC . Screening of Ut ;'ities, Loading Areas, Outdoor Storage, and Trash Collection/Compaction Areas . (a) Applicability. The screening standards in the following summary Table 16-6-7.4 shall apply to : (!) all utility and other ground-mounted equipment visible from public or private streets; and (2) to all lo ading areas , outdoor storage, and trash collection/compaction areas, except for areas located on si tes with one-unit residential uses or areas that are only visible from lots wtth industrial uses . 5 1 To •.h e maximum extent pro :ticable, evergreen sb.1bs or trees (as tall as the enclosure) shall be 1 1.!Ge.d to sc reen utility service boxes and other gmund-mounted equipment visib le from public or riv&te streets . Truck Parking and Loading Areas Within a minimum 15-foot wide area, a minimum of one (1) continuous row of evergreen shrubs (minimum 5 fc'!! tall at maturity) planted at a minimum spacc•g of 5 feet on center, and deciduous trees p::.nted at an average of one tree CV 20 linear feet. Outdoor Storage Arca • All such areas shall be screened from view from all property lines and adjacent rights-of-way by an ,.caquc fence or wall at least 6 feet in height that inr,,rporatcs at least one of the predominant 1 :m erinls and o ne of the predominant colo rs used , i the principal structure. • • The fence may exceed 8 feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fe nce necessary to effectively screen the area. • A landscaped earth bem, may be used instead of, • or in combination with a req uired fence or wall. • If such areas are covered, then the covering shall includ e at least one of the predominant exposed roofing colors on the principal structure. • The perimeter of the fence or wall must be landscaped with a 7-foot wide strip containing a minimum of one (1) tree for every 150 square feet of lot area. Trash Collection/Compaction Areas • Each such area shall be incorporated into th e overall design of the principal structure on the site , and shall be located in the rear of the site at least 20 feet from any adjacent residential uses, or if that is not feasible , then on th e sides of the lot. 5 2 • No such area shall be located within 20 feet of any street, public sidewalk, internal pedestrian way, or residential use . • Each such trash collection area shall be screened from view from all property lines by a sc;li d fence or wall between 6 fe et and 8 feet in height. The access to thi s enclosure shall be screened with an opaque gate. Screening fences and walls (not including gates) shal l incorporate al least one of the predominant material s and one of the rcdominant colors used in the rinci al stru cture. • • • • (6) Screening ofRooftop Mechanical Equ ipment or.d Flues. Rooftop mechanical equipment and app Ul'l:1o ~ ,: s shall be screened so that they are not visibl e fl m adiacem public streets or adjacent propenies less than two hundred feet (2001 away when viewed from !ive fe et (~1 above grade level. Screening enclosures sh,[' use at least one (I) of the predominant material , uso.l in the facades of the principal structure anu v .,•; of the predominant colors used in the principal stru ctur:. Al i air conditioning compressors shall be completely screened . All rooftop and wall vents and flues extending above the top of the nearest pa·apet shall be painted with one of the predominan t col ors used in the ~•'.·,ai pal strucrure. Any rooftop e,1u;µ.nen1 generating off-site noise shall also be baffle.· ,r otherwi se attenuated to direct unavoidable nois. upward or away from residential uses . ScrneoioR Between Nonrcsid;otial Use and Residential UscinthcM-1 M-2 M-0 -1 aodM-0 -2Di stricts £il Minimum I&odscaniu& Reouired lcAPdscaocd buffer with trees located a maximum of twcntv- five feet C25l on ssuter and a minimum o~ C5l shrubs oer five hundred (500} $9MACG feet of scrccnins area I .aodssanins shall he installed on th e side of the fence/wan facins the commercial use 02l Mioimum Width of Screening Area· Five feet w. W Mini mum Fence/Wall Roouicsmsnt Six foot C6'l high class I 4 ) or 6 wall PT fen ce on boundnrv hoe with bri ck POSIS CYCD' one hundred tweptv fe;:t CI20'} on center or at lot corners whichever distance is less W ScrSSPioe Between Off-Street Parkins Area and Svset Rishts-of-Wav in the M-1 and M-2 Zone Distri cls Minimum Laodssaoine Reauired • One Cll..lr= and fiv e C5l shrubs nee thirtv linear feet (301 of frontaee I andscanin e shall be inSJollcd onJhc iUde.of the fen ce/wa ll facine the street rieht--0f- 53 !ltl Minimum Width of Screening Area · Five feet w. !£.l Minimum Fencef\Va l! Reouirem cn\J'hi.aY...1S2 foax•Jwo inch [3 0-42"} hjgh c!•s s L~ wall or fence on boun<laD' lin e with brick Posts every onehµndced 1wentv fee1 Cl 20 '} on cen tCL, w ll lot comers whi che ver distance.itles.s. I EDITORS NOTE: 16--6--7(L) through (0) contains no changes 1nd is therefore not included herel Section I 0. Safety Clauses. The City Council hereby fi nds , detennines , and declares that this Ordi nance is promulgat ed under the general poli ce power of th e Cit y of Englewood , that it is promulgated for the health , safety, and welfare of the public , and that thi s Ordinance is necess ary for the preservation of health and safet y and for the prot ection of public co nvenience and welfare . The City Co un cil further detennines that the Ordinan ce bears a rati onal relation to the proper legis lative object so ught to be obtained . Section 11. Sevcrabi lit y. If any clause, sentence, pcwagraph , or part of this Ordinance orthe app li cation thereof to any person or circumstances shall fo 1· any reas on be adjudged by a court of co mpetent jurisdiction invalid , such judgment sha ll not afTect. impa :r or invalidate the remainder of thi s Ordinance or it appli cati on to ot her persons or circumstances . Section 12. Inco nsistent Ordina nces . All other Ordinances or porti ons th ereof inconsistent or co nflict ing with thi s Ordinan ce or any portion hereof are hereby repea led to the extent of such inco nsistency or con0ict . Section 13. Effect of repeal or modification . The repeal or modificati on of any pro vis ion of the Code of the City of Englewood by thi s Ordinance shall not rel ease, ex tin guish, alter , modify, or change in whole or in part any penalt y, forfeiture. or liability, either civil or criminal, which shnll have been incurred under such provi sion, and each provi !l io n sha ll be treated and held as still remaining in force for th e purposes of sustaining any and all propt~r act ions, suit s, proc eedings, and prosecutions for th e enforcement of the penalty, forfeiture , or liability , as we ll as fo r the purpose of sustaining any judgment , decree , or order which can or may be rendered , entered, or made in such ac ti ons, suits, proceedings, or prosecuti ons . Sec ti on 14 . Penalty. The Penalty Provi sion of Secti on 1-4 •1 EMC sha ll apply to each and every viol;,ti on of thi s Ordin ance. Int rod uced, read in full , and pas sed on fir st reading on the 1st da y of June 200 9. Publi shed as a Bill for an Ordinance in the Cit y's offi cial newspaper on the 5° day of June , 2009 . Publi shed as a Bill fo r an Ordinan ce on th e Cit y's official websi te beginning on th e 3'' day of June. 2009 for thin y (30) days . 54 • • • • • • A Publi c Heari ng was held Jul y 6, 2009 . Rea d by titl e an d passed on final readin g on th e 20th da y of Jul y, 2009. Pu bli shed by title in the City's offic ial ne wspap er as Ordinance No$, Series of 2009, on the 24~ da y of Jul y, 200 9. I, Loucrishia A. Ellis , City Clerk of the City of Engl ewood, Co lorado , hereby cenify that the above and foregoing is -'SU• copy of the Ordinance pass ed on final rca ing and published by title as Ordinance No .&, Series of 2009 . 55 . ~1/ (~ .. • • COUNCIL COMMUNICAT ION Date: Agend a llem : Subject : Jun e 1, 2009 11 a ii Medical Zone a~d Overlay D is trict Amendments to Titl e 16 : U ni fied D eve lopm ent Code Initiated By: Community D eve lopment D epa rtm ent I Staff Source: John Voboril , Pl ann er - COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Counci l chose to make economic deve lopme nt a top Count 'i goa l in ea rl y 2006, and ha s continued to rea ffirm th is goa l as a top priority. TI1e Medical Zone and u ve rlay District Amen dm ents to the UDC and the relat ed but separate o rd ina nce to amend the Official Zoning Map to rezone porti ons of th e Medical Dist ri c t, have been deve loped in respons e to Council 's desi re to establish m o re development-friendl y regulations in th e immediate vicinity of Swedish M edi ca l Ce nter and Craig H os pital tn take advantage of deve lop ment interest in th e area . Th e following tim eline prese nts a complete list of Cou ncil ac tions on th e Medical Zone and O verlay A mend ments and related b ut sepa rate ordin ance to amend th e Official Zoning Map beg inning with th e Engl ewood D owntown and Medical District Sma ll Area Pl an process : June 20, 2006 Study Session : CD Proposal to Undertake Sma ll Area Pl anni ng Process fo r th e En glewood Downtown and Medical Districts February 20, 2007 Study Session : Review of Englewood D owntown and M edi cal Di stri ct Sma ll Area Plan Poli cy D ocum ent Goa ls and O bj ec ti ves April 2, 2007 Regular Meeting: Cou nc il Approva l of Engl ewood Dow nt own and M edical Distri ct Small kea Flan Poli cy D ocument Goals and Objecti ves by Resolu ti on June 16, 2008 Study Session : Englewood M edica l Distric t Small Area Rezo nin g Plan Update October 13, 2008 Study Session : Presenta tion of Medical Zone an d Overlay Di st rict Amendment Concepts and Rezo ni ng Boundar ies RECOMMENDED ACTION Community D evelopm ent seeks Counci l support fo r a bill fo r an ordinan ce approvin g am endments to Ti tl e 16 (Unified Development Code) of the Englewood Municipal Code pertai nin g to M edica l Zone and O ve rla y Di stricts. Staff further re commends that Council sc hedule a public hea ring on Jul y 6, 2009 to ga th er publi c i,1put on thi s issu e and another closely related ordina nce amending th e Official Zoning Map (agenda item 11 a iii) . BACKGROUN , ANALYSIS, AND DESCRIPTION OF PREFERRED ALTERNATIVE Background The origi nal impetl!S fo r th e Medical Zone and Overl ay District Amendments to Titl e 16 of the U nified Deve lopm ent Code and th e related but sepa rate ordin ance to ame nd the Official Z on in g Map to rezone a portion of the Medical District to M-1 and M-2 Mixed Use Medical Zone D is tricts, was Council's desire to pursue policies th at are more supp orti ve of potentia l economic and community development p rojects. Counci l made economic deve lopment one of its stated c hi ef goals in 2006, and has reaffirm ed this goa l every yea r since. In order to support Council's econom ic development age nda, Community D eve lopment propose d und ertaking a sma ll area pl annin g process focused on th e Engl ewood D owntown and M edica l Distric ts . All residents, property owners, and busines s owners were in vited to become p artici pating stakeholders in a seri es of m ee tings designed to foster discussion of planning goa ls and objectives for the area. The res ultin g policy document, Englewood Downtown and Medical District Sma ll Area Plan , was officially adopted in th e spring of 2007. Soon after adoption of the Englewood Downtown and Medical Dis tr ict Small A rea Plan, Community Deve lopment staff bega n an ana lysis of th e ex isting zonin g regul ati ons wi thi n th e Medical Distric t area in order to gage how well th ey co nfo rm ed to th e goals and ob jectives of th e Englewood Down to wn and Medical District Sma ll Area Plan. Staff concluded that th e exis tin g zoning regulati ons pertai ning to th e M edi ca l District area were not conducive to the attainment of th e Medical District visi o n. Staff then began identify ing possible alt ern ative directions to the ex isting Medical District zoning regulati ons , debated the alternati ves intern all y, and finally arrive d at a prefe rr ed alt arn ati ve • direction. The prefe rr erl alternative direction was th en deve loped further into more detail ed regulatory conce pts . Community D evelopment sta ff bega n to work close ly w ith the Plannin g and Zoning Commission to tes t and refine th e origin al Medica l Zone and Overl ay District concepts through a series of fiv e study sessi ons begin ni ng o n April 24, 2008 and endin g o n September 3, 2008. Additional study sessions we re he ld in response to requ ests by City Counci l, as well as a private property owner to consider exe mptions to the maximum retail size limit for ce rt ai n sizable pro perties w ith prim e access to US Highway 285 on November 4 and D ecembe r 2, 2008. Pl anni ng Commissi on ',und th e arguments for the se pro posa ls to be co mpelling and ag re ed to support both request s. fi nal study session wa s held on January 21, 2009 in response to a reques t by a private pr?p erty owner to m odify th e proposed boundaries of th e 145 foot i1 eig ht zon e to include th e wes t side of Emerson Stree t, as well as expansion of th e ove rla y di stri c t boundary in order to include additi onal properti es o n th e eas t side of Eme rs on Stree t. In this in stance, Pl anning Commission did not feel th e argum ents made in sup port of th e proposa l were str ong enough to wa rrant revisions . Soon after th e September 3, 2008 w rap-up st udy sess ion, Community De ve lopment staff invited Craig Hospital and Swe dis h IAedical Ce nter executive staff to meet with u ty staff in ord er to hea r a pres entation on the Medica! Zone and O ve rlay District concepts and giv e fe edback on October 14, and October 29, res pec tively. Exec utive staffs from both hospitals expre ssed satisfaction w ith th e p ropos ed regulati ons, ack n owledging that th e new reg ulati ons would give th em more fl exibility to ex pand their cu rrent faci lities on properties th e hos pital s c urrently own. At thi s time, Community D evelop ment staff also prepared to take th e proposed Medical Zone and • Overla y Di strict amendments bac k to th e community stakehold ers for th eir reac ti ons. Once again, 2 • • all residen ts, property owners , and busin ess ow ners wi thin and one bl oc k beyo nd 1he Dow ntow n and Medi cal Distri ct stud y area boundari es were in vited to att end stak eholder mee tings on Novembe r 12 a nd 13 , 2008. Stak eholders we re genera ll y acc ep ting of the Medica l Zo ne and Ove rl ay Dis trict co nce pts prese nt ed to th em, rec gnizing that the co ncep ts co nfo rmed to lhe vision , goals, and objectives of th e original En~lewoo d Downlown and Medi ca l Dis trict Sma ll Area Pl an. Duri ng th e firs t qu arter of 2009 , Community Deve lopmen t staff tra nslated the Med ica l Zo ne and Overla y Di st ric t co ncepts inl o UDC: tex t ame ndments . Staff present ed the UDC tex t amendm ent s lo lhe Plann ing and Zoni ng Com mi ss ion ove r th e co urse of lwo stud y sessio ns on Ap ril 7 and April 21, 2009. Edits were made 10 th e UDC lex t amen dmen ts in ac commodation t? Pl ann ing Co mmiss ion requ es ts. Th e pro posed new Me di ca l Zo ne and Ove rl ay Distri ct reg ul ati ons fo r th e Swe di sh-C raig Med ica l Di strict hav e been desi gned to fo ster economi c deve lopm ent and expa nsio n. Th e pro pose d new zo ning and ove rl ay distri cts hold many advantages ove r th e ex istin g zo ni ng pa tt ern s: • Ex pansi on of area all ow in g retail us es directl y so uth of th e Swe di sh Medica l Cen ler an d Cra ig Hospital ca mpu ses and tra diti onal Old Hampden corr id or • Additi on of hotels to the li st of all owa bl e use • Preve ntion of new auto mobile uses fr om loca tin g wit hin th e area • Elim in a tio n of disc rim inatory reg ula ti ons agains t small projec ts on small lo ls • In crease in all owab le res id enti al densiti es • Greater se tback fl ex ibili ty • Greate r height all owa nces fo r Swedish Medica l Center an d Craig Hospi tal camp uses and th e area direc tl y so uth of th ~ cam pu se s between Loga n and Clarkso n Streets • Pedes tr ian -or ient ed deve lopment stand ards that brin g bui ld ings cl ose to th e st ree t, req uire pa rkin g to be located to th e rea r of the lo t, and requir e minimu m amounts of firs t fl oor win dow s fo r retail uses • Subs titu tion of suburban , residen tia l landscapi ng sty le standa rds wit h more ur ban , co mmercia l style landscaping stand ard s Descrip tion of Preferred Alternative M-1 : Mixed Use Medical, Office, and High Density Residential Zone District This zo ne dis trict all ow s hosp it , .nd medica l uses, as we ll as ge neral office, high de nsity res id ent ia l, and hotels as prim ary la nd uses . Th e di stri ct cove rs the ex ist in g main hospital camp us areas . In order to pro tec t resi denti al neighborh oods to th e north , it does nol all ow re tail as a primary use. M-2: Mixed Use Medical , Office, High Density Res idential, and limited Retail Zone Di strict This zone district allows hos pitals, and medi ca l uses, as well as general office, high density residential , hotels , and limited retail as primary land uses. Retail us e; are restricted to no more th an 10,000 square feet , wit h exceptions made fo r st rategic properties located at th e intersections of Loga n, Clarkson , and Hampden wi th US Highwa y 28S. The district wi ll not allow new auto-orient ed uses to be established . The district covers the historical O ld Hampden business corri dor as we ll as th e area directly south of the hospital campuses stretching to, and including the Clarkson and Logan in tersections wi th US Highway 28S. M-0-1 : Mixed Use Medical Overlay District Th is overlay district cove rs a portion of the MU-R-3-B base residential zone distri ct from the centerline of Girard Avenue to points 130 to 180 feet to the north . Under the M-O-1 Overlay Dis tri ct regulations, properties must follow the existing MU-R-3-B regulations for land use, density, and heigh~ but are allowed to follow the more flexible M-1/M-2 setback regul ati ons. M-0-2: Mixed Use Medical Overlay District This overlay district covers a portion of th e R-2 -B bas e resid ential zone district, cover ing th e first residential lot adj, •1?1 to the histori ca l Old Hampden Avenue business corridor. Property owners may develop thes o, ,1, und er the R-2-B base residential zone district regulati ons or may opt to co mbin e the propc·,v with adjacent properties with frontage on Hampden Avenue in order to create a de eper lot 1 ., a larger mi xed use, residen tial, or office development, or as a parking area for a single use retail development. Summary Th e proposed Medical Zone and Overlay District text amendments and the related but separate ordinance to amend the Offici al Zoning Map represent the achievement of the first implementation step toward the realization of the Englewood Medical Dis tri ct visio n. FINANCIAL IMPACT No direct financial cos ts are anticipated from th e adopt ion of the proposed amen dm en s. LIST OF ATTACHMENTS Plannin g and Zoning Commission Public Hearing Mi nut es: May 5, 2009 Planning and Zon in g Commission Public Hearing Fin dings of Fa ct: May 5, 2009 Medical District Zone Map Proposed Bill fo r Ordinance 4 • • • • • • Plnnnmg nnd Zomng Commission Pubhc Heanna ,Case #2008 -03 and #ZON2009-0I M:iy 5. 2009 Page I or 10 CITY OF ENGLEWOOD PLANNIN G AND ZONING COMMISSION REGULAR MEETING I. ~ CALL TO ORDER Ma y 5, 2009 The regul ar me etin g of th~ City Planning and Zoning Com mi ssion was called to order at 7:06 p.m. in the Council Chambers of the Engle wood Civic Cen ter, Vice Chair Knoth presiding. Pres e~t: Absent: Sta ff : Ro th , Kin g, Welker, Calender, Kri eger, Knoth, Fi sh, Kinton Bri ck, Bl eil e Alan W hite, Com muni ty De ve lop ment Direc tor Jo hn Vo boril, Plann er Nancy Reid, Assis tant Ci ty Attorn ey II. ai APPROVAL OF MINUTES Ap ril 17, 2009 Krieger move d: Ca lender seco nded: TO APPROVE THE APR IL 17, 2009 MINUTES Vice Cha ir Knoth asked if there were any modifications or correcti ons . There were none . AY ES : NAYS: ABSTAI N: AB SE NT: Roth, We lker, Kri eg er, Ca lender, Kno th, Fish , Kin g None No ne Bri ck, Bleil e M o tion ca rri ed . Ill. PUBLIC HEARING : CASE #2008-03 AND CASE #ZON2009-01 f1I We lke r mov ed : Roth seconded : THE PUBLIC HE ARING O N CASE #200 8-03 A N D CASE #ZON200 9-01 BE OP ENED AY ES : NAYS: Knoth, Roth , Welker, Kin g, Kriege r, Calend er, Fish None Pl:mm ng and Zoning Commission Pubhc Heanng Case :f'.!008 -03 and ~zc::20()9.QJ ~fo y l. 2009 Poge 2 of 10 ABSTAIN: ABSE NT: None Bri ck, Bleile Motion ca rr ied. Mr. Vobori l, Plann er, was sw orn in . He stated toni gh t's Publi c H eari ng w ill be fo cu sing on two related ~,u t separa te zo ning case s, Case #2 008 -03, Medica l Zone and Overlay Amen dm ent s to Title 16 and Case #Z O 2009-0 1, Amendment to th e Official Zoning Ma p to rezone an ar ea of th e Ci ty gene rall y bounded by Sou th Loga n Stre et, Ea st Gir ard Ave nu e, South Lafaye tte Stree t and Littl e Dry Cree k to M-1 and M -2 Mixed Use M edical D is tr ic ts and to es tab li sh areas in w hi ch suppl emental M-O-1 and M-O-2 Medica l O verlay Distr ic t Reg ulations App ly. CASE #2008-03 M r. Vobo ril stat ed he ha s proo f of pub li ca ti on of th e publi c hea rin g noti ce , which was publi she d in the Englewoo d Heral d on Ap ril 17, 2009 . The Swedish Medical Ce nter and Craig Hospital area was first iden ti fi ed as a potential area of change in Roadmap Eng lewood: Th e 2003 Engl ewood Comprehe nsi ve Pl an. In support of th at visio n th e Co mmunity De ve lop ment Sta ff, w itr. th e suppor t of City Council, began to deve lop a small area plannin g process centered o n the Down town and Med ica l Di str :c t areas in the fa ll of 2006. Five thousa nd people we re in vited to parti cipat e as stak eholders : all p ro pe rt y ow ners, bus iness owners and res id ents wi th in th e two or igi nal stu dy area districts plus an ad ditional one block radius beyond th ose bord ers. Thr ee hun dred peopl e reg istered to pa rticip ate and approxi mately 150 .ac tu all y att end ed th e meetings. At th e stake hold er's mee ting s Comm unity D eve lop ment Staff gave a presen tati on on th e ex isting iss ues and co nd iti o ns wi thin th e two dis tri cts an d po sed a num be r of uues ti ons to th e stakeho ld ers co nce rn ing w ha t types of development th ey felt we re approp ri ate in the M ed ica l Di str ict. From th at fee dback, Staff deve loped a vis ion, goa ls and objec tives that were then incorpo rated int o the Sma ll Ar ea Plan docu men t. This po licy docum ent went befo re Pl anning Com mi ss ion in a similar Pub li c H eari ng process and was recomme nd ed fo r adop tio n and appro ved by Reso lu tio n by City Counci l in the sp rin g of 2007. Short ly after that, Staff bega n to wo rk o n an ana lysis of the ex istin g med ica l dis tri ct zo nin g in o rde r to determ ine whe ther it was conducive to achi eving th e visio n, goa ls and objectives tha t we re fo un d in the poli cy doc um ent. Staff de termin ed th at the ex isting zon ing was no t co nducive to th e vision in the Small Area Plan C:o cum en t. Staff then bega n wo rking o n deve lopin g m~d ica l distri ct concep ts fo r rezo nin g the area. O nce that was co mpl eted , ano th er se ri es of stu dy sess ions wi th th e Planning and Zon in g Comm iss io n we re held to ex plain th e co nce p ts an d to mak e refin emen ts. When co mpleted, prese ntatio ns we(e once aga in held with the stak eholders and th e ho spi ta l sta ff. The hos pital mee tings occurred in Se pten ,be r and October of 2008 and the stakeho lde r's mee tin gs were o~ Novembe r 12 and 13 , 2008. At th e mee tings, Staff prese nt ed the co ncep ts. The fe ed ba ck fr om th e meeti ngs was th at Staff had generall y crea ted amend ments that we re in th e spiri t of wha t was in th e po li cy docu men t. • • • • • • Pl:uming :md Zonin g Commm1on Public Hc:mng ·C:isr: #2 008-03 :md #ZON2009 -01 ~l:ly 5, 2009 P:isc 3 of 10 Comprehensive Plan Housin g Goal #1 s\<1tes "Pr omote a balance d mi x of ho usin g oppo rtuniti es ser ving th e needs of al! cum nt and future Engl ewood ci tizens ". Su ppo rti ng tha t goal , Small Area Plan Hous ing Goal #', st ates "En courag e in vestm en ts in ne w hou sing wi thin th e M ed ica l Ce nt er area". The in sp i rat io n for the M edi ca l Zo ne and 0 •, erla y Di st rict A mendm ents , in term s of housin g, comes from Th e Terrac es at Penn sylvania projec t. This is a recen tly complet ed project built by th e Englewood Housin g Authority w hi ch was forced to go th rough a Pl ann ed U nit D eve lopm ent Rezon ing proc es s. Staff would like to al' JW that type of de velopment to occur w it~'.)Ut th e rezon ing re qui rement. Staff focused o n makin g th e setbacks more flexib le and crea tin g a large r deve lopment enve lope o n a par ticular property for more flexibility for deve lopme nt pur poses. Also, Staff looked at chan ging th e way the City regulates th e numb er of reside ntial units on a property . Exis ting zoning reg ulat es th e number of res ide ntial units by land area per unit . Staff sugges ts swi tchin g to a system which wo uld reg ul ate the numb er of resid enti al units on a deve lopmen t by the maximum height restrictions and minimum park ing req uirements. Staff also instituted a number of d ifferen t heig ht zon es. Some area heights we re kept at th e current leve l in order to protect th e neighborhoods to the north and the east. In other areas south of th e main hospita l ca ~us, Staff creat ed a height zone of 145 feet to encoura ge a more in tens ive resid entia l t f pe deve lopment in an area that would not affect th e si ngl e-fami ly reside ntial neighborhoods to thP. no rth and east. As for land s.:api ng, Staff has transitioned away from a sub urb an res idential style to a more urb an style . Mr. Vo boril stat ed he would now be discussin g business goals . Comprehensiv e Business Goal #5 stat es "Recognize uniqu e chara cteristi cs and associa ted opportun ities for enhanci ng th e .,alue of Engl ewood's co mmercial, industria l and mixed-use distri cts." In suppo rt of this Comprehensi ve Plan go al Staff has recognized thr ee Sm;ill Area Plan Busin ess Goa ls . Th ey are: 1. Promot e th e old Hampden Cor ri dor ~s a fin e grain ed pedestrian orient ed comme rcial di stri ct. 2. Expand oppo rtuniti es fo r th e rec ruitment and develop ment of neighborhood serv in g busin esses w ithin th e M edi ca l Center Di stri ct. 3. Work cl ose ly w ith Swed ish and Craig H osp itals to acco mmoda te fa cility exp ansion in a mann er th at pr ese rves and enhan ces th e quali ty in life in surrounding neig hbo rh oods. In supp ort of these bu sin ess goa ls th e foll owin g items have been incorpordted in to the Medica l Zon in g Amendm ents : I. For land use s Staff has expanded th e are a for retail dev,fopment fr o m th e original Old H ampden MU-B-2 co rridor to incl"de the ;,,ea so uth of th e med ical ca mpu s stretchin g to Hi ghway 285 betwee n l.oga 1 and Emerson Plann ing and Zonin g Commirno n Public Hearing Case #2008 -03 o.nd #ZON2009-0l May 5, 2009 P:ige 4 of 10 Stre et. At the sa me tim e, St aff has res tri cted th e maxi mum size of retai l per p ar ce l to 10,000 sq uare feet in the spir it of th e sma ll sc aie retail th at was en visio ned in th e Sma ll Area Pl an Po licy doc um ent. 2. H otel use has bee n added to the entire med ical di stric t ar ea in suppo rt of th e hospi tals so that familie s o f patien ts woul d have a place to sta y in th e area. 3. New au to mobile uses have been removed fr om the co rri do r in th e spirit of t he Small A re a Pl an Pulicy document. Exis tin g au to mob il e uses ca n con tinu e to operate, bu, in the futur e no ne w automobil e uses w ill be all owed to come into th e district. 4. Setbacks ha ve be en mad e more fl ex ib le, crea ting a lar~r b ui lding enve lop e and mo re flex ibility for de velopers. 5. Landscaping ha s tr ansiti o ned awa y fr om a residen tial subu rb an style to a mo re urban style of standa rds si milar to th e MU-B-1 an d MU-B-2 Di stricts we have toda y. 6 . Pedestri an oriented de ~igns have bee n incorporated into the A mendments su ch as bringing th e building clo se to the str ee t (ze ro and no m o re than 10 f ee t away from the property lin e); creating a more ret ail fri endly pedestrian district and creati ng th e opportunity for sidewa lk cafes ; forcing the parking to loca te primarily to th e rea r and sid e of th e building; and also req uiring a c er tain perce nt age o f w ind ows for first fl oor retail so th at peop l e wa lking by can see th e acti vity in sid e. Staff recomme nds to th e Pl anning and Zo ning Commis sio n the fo ll owing motion s conce rn ing CASE #2008-03 : 1. Tha t res id en ts, property owne rs, and busin ess o w ners hav in g pe rso nal interes ts with in and on e bl ock beyo nd th e origin al D owntown and Medi ca l Di stri ct stu dy area boun da ri es we re in vited to particip ate as co mmunity sta keho ld ers in a rev iew of the pr q -::;e d Medica! Zo ne and O ve rl ay Distri ct con cepts . 2. That two stakel-:..,ld er mee tin gs were held on Nove n ,b er 12 and 13, 2008 in o rder to pr es ent prop osals for M edi cal Zon e and O ve rla y Distri ct co ncepts based o n prev iou s di rections give n by stakeho ld ers documented in th e goal s and objecti v,s of th e Eng lewood Downtow n and Medica l Di stri ct Small Area Pl an. 3. Th at the p ropose d am endm ents re lated to th e cr eatio n of th e M -1 and M -2 Z one D is tri cts an d he M-O-1 and M -O -2 O verl ay Di stri cts are cons istent w ith • • • • • • PJ;urnmg :ind Zonmg Conumss1on Pub li c Hc:mng -C;i~c: #2008 .Qj :ind i,ZQS2009 -0I ~l :iy S. 2009 P:igc: 5 of 10 the goals an d objec ti ves of Roadmap Eng lewood: Th e 200 3 En glewood Co mpr ehens ive Pian . 4. Tha t the proposed amendments related lo th e crea ti on of the M-1 and ,v\-2 Zo ne Di stri cts and the M-0-1 and M-0 -2 O verl ay Di stri cts sh ould be adopted as par t of Titl e 16: Unifi ed Deve lopm en t Code of th e Englewood Mu ni cip al Cod e. CASE #ZON2009-01 Mr. Vobori l pres ented pr oo f of notifi ca tio n of the Publi c Hea ring pub li shed in th? Engl ewood Herald on Apri l 17, 2009. The Medica l Distri ct area was initiall y iden tifi ed in Roadmap En glewood: The 2003 Engl ewood Compreh ensive Plan as a po tential area of cha nge for the City of En glewood. In sup po rt of that vision the City of En glew ood Communit y Deve lop men t Depar tm ent b,•ga n a Small Area Pl anni ng pr ecess in the fall of 2006 with •he bl essi ngs of Ci ty Co un ci l. Five thousand lett ers we r~ mailed to all bu siness owners, property owne rs and re siden t; wit hin th e two distri cts inv1>h g them to pa rti cipate in a ser ies of stak en old ers meetings. Three hundr ed peop le r,~ •istered to pa rti cipat e and appro ximat ely 150 peop le att ended the meetin gs. At th e stak eholders meetin gs Staff gave a prese ntati on on ex istin g iss ues and conditions found in the Medica l Distri ct area Staff th l'n posed a se ri es of ques tions lo th e stakeholders co nce rn ing the areas they felt we re areas of stab ility and th ose tha t we re area s of change. Staff took th at feedback and deve lop ed the vision, goa ls, and obj ec ti ve s th at we re th en incorporat ed into th e Sma ll Area Pl ann in g Poli cy doc ument wh ich was th en brought befo re th e Plannin g Co mmi ssion in a Public Hea ring . It was reco mm ended for approva l to City Council and City Cou ncil appro ve d the doc um en t by Reso luti o n in th e sp rin g of 2007. Soon aft er tha t Staff began lo work on developing a rewn ing boun dary area fo r th e medic al distri ct. Staff had ori gina ll y di vide d the area into six differe nt sub-a reas. Stake hold ers we re as ked to fo cus on each sub -ar ea, look at the ex istin g co nditio ns and then co mmen t on what ar eas th ey fe lt we re app roe ria te fo r change .nd whi ch areas they did not wan t lo see significan t chang e in . Staff then deve loped a se ri es of goals and objecti,es for each sub-area . Staff then us ed tho se goa ls and obj ec ti ves to crea te the boun daries for the rezo ning ar ea. O nc e tho se bo undari es we re de ve lop ed Staff held a se ries of Pl annin g Comm ission study sess;')ns wher e those bounda ries we re discus sed and sli ght mod ifi cati ons were made. On ce the bou ndari es we re fin aliz ed St aff he ld pub li c ses sions with botn th e hosp it als and with the st ak eholders. Maps of th e prop ose d boundaries were disp laye d and Staff ask ed for co mm ent s. There we re no se rious obj ec ti ons to th e bou nd ari c$. At ti.is ti me, Mr. Vo bor il stal ed he wo uld like I , go ove r the relatio nship hP tween the Sub- area Goal s an d th e Medica l Za n~ Ove rl ay Distr ict boundaries . Sub-areas of chan ge includ ed Medi cal Sub-a reas I, 4 and 6. He refe rr ed to a large di spla y ina 1J se t up for the P::um mg o.nd Zoning Corn nms1on P Jbhc He:mng C:isc #2008-0J and lf2ON2009·0 1 ~l ,y l, 2009 PJge 6 of 10 Co mmi ss ioner 's revie w. All of Sub -a rea s 1 and 4 hav e bee n incor pora ted into the medi cal rezo ning boundary area . The majority of Sub-a rea 6 has also been in cl uded in th e rezo nin g bo un dar y area as we ll. Sub-ar eas 3 and 5 we re identified as pa rtial Sub-areas of chang e. Med ical Sub -area 3 Goal B states "Encourag e limit ed cha nge to Sw edish owned properties immediately adjacent to Girard Aven ue". This area is desig nated in blu e o n th e map and as M-O-1 O ve rlay . Th ese prope rti es ar e owned by Swedish an d Cra ig and th e in te nt was to a llow limited change in th ese properti es in suppo rt of the mai n hospita l use , but at th e same tim e to limit th e e ncroachme nt within th e rest of th e Sub-area. The bo und ary was drawn to inclu de on ly th e fir st 100 to 150 feet of th at Sub-area. Medica l Sub-area 5 Goal B stat es "Promote Sub-ar ea 5 as an area of chan ge along the O ld Hampd en Ave nu e corrido r". Mr. Vobor il pointed out th e area on th e disp lay map. The st akeho lders were very amenable to chang e occ urrin g along th e O ld Hampden Corridor but wa nt ed to pro tec t th e majority of th e reside nt ia l area to th e so uth. For th e area the y suppor ted , Staff rezon ed the curr e nt MU-B -2 zo ne as M-2 wi th the first prope rty imm ediately to th e so uth desig nat ed as M-O -2, as an ove rla y dist ri ct that w0u ld serve as a trans iti on zone . Maxim um height in th is ove rl ay distri ct wo uld be 32 feet creating a ni ce tran si tion between th e busin es s co rrid or and th e res id ential area . Staff recommends to the Planning Commission th e following motio ns conce rn ing CASE #ZON2009-01 : 1. That resi dents , prop er ty owners, and busin ess ow ne rs having persona l in teres ts withi n and one block be yond the ori ginal Downtown and Medica l Di stri ct stud y are a boundaries we re invited to par ticipat e as community sta ke hold ers in a review of th e proposed Medi cal Zo ne and Overl ay Distri ct bo und ari es . 2. That two stakeholder mee tings we re held on November 12 and 13, 2008 in order to present propo sals fo r Me di ca l Zo ne Di stri ct an d Overlay bo undari es based on previou s direc tions gi ve n by stakehold ers do cumented in the goa ls and objec tives .:,f th e. Engl ew ood Downtown and Medica l Di strict Sma ll Area Pl an. 3. That th e propos al to rezo ne an ar ea of th e Cit y generall y bound ed by SouthLogan St ree t, Ea st Girard Ave nu e, Sou th Lafa ye tt e Str ee t, and Litt le Dry Creek, from MU-B-1, MU -B-2, MU-R-3 -B, PUD , R-2-B, and R-1-C to M-1 and M-2 Zon e Distri cts, to es tablish areas in wh ich supplementa l M-0-1 anci M-O- 2 Med ica l Overla y District regulations appl y and is co nsis ten t wit h th e goa ls and obj ecti ves of Roadmap Englewood : The 2003 Englewood Co mpreh ensive Pl an. 4 . That th e pr orosa l to rezon e an area of the Ci ty ge ne rall y bounded by Sou th.L ogan Stre et, Ea st Girard Ave nu e, South Lafa ye tt e Stre et, and Li ttl e Dry • • • • Pl anning ;m d Zo nt ng Commission Pu bhc Heanng ,Cas e llf200S,Ol :ind •ZON 2009-0 I M.i ~ S. 2009 P:ige 7 of 10 Creek, fr om MU -B-1, MU-B -2, MU -R -3-B , PUD , R-2-B and R-1-C to M-1 an d M- 2 Zone Distri cts, to es tabli sh areas in which supplem ental M-0-1 and M-0-2 Me di ca l Ove rla y Di st ric t reg ul ati ons appl y and shou ld be adopted as an amendm ent to th e Offi cial Zoning Map of th e City of En gle wood . Mr. Vobori l offe red to ans we r an y ques tions the Commi ss ion ma y ha ve. Mr. Roth sa id for th e record ir, Zone Di strict #3 , th e Co mmission had an objective in th e Small Are a Pl an wh ich sa id "Disco urag e furth e r ho spi tal expa nsion beyo nd th e curr ent hospi tal ow ned properti e; north of Girard Ave nu e". As noted at the last Plan ning and Zo nin g me etin g that obj ec ti ve ha s not been met because of continuing to allow hospital us e in th e MU -R-3-B zone distr ic t. He said if I am rea din g th e tables co rr ec tl y, if someone we re to accumu lat e 24,000 squar e fee t of pror e rty north of the M-0-1 zone district the y co uld build to 60 fee t and ha ve a hospital use. Mr. Vo boril said at thi s time th at is co rr ec t. He stated th e plan , at thi s time, is that a Phase II process would need to be done in the futur e after th ese Medica l Zone Dis tri cts are approved . Regulations for th e MU -R-3-B wo uld need to be re visit ed and at that time St aff would make the necessary changes th at wou ld protect th ose are as from en croach men t from hosp ital camp us us es . • Vice Chair Kno th stated th e Commi ssio n discussed having separate co lumn s fo r M-0 -1 and MU-R-3-B. Is that going to be done? Ms. Kr iege r sta ted it was decid ed to keep them in th e same co lumn . • Mr . Welker said he was gla d Mr . Roth brought up th e iss ue of ho spital use . He stated he is comfo rtabl e it wil l be rev isited . Mr. Kin g ask ed Mr. Vobo ril if there are any develope rs who are c urren tl y sittin g in the wings waiting for this change to take pla ce. Mr. Vobo ril said th ere was someo ne look ing at the north we st co rner of Hi ghw ay 285 and S. Cla rk son Str eet fo r a hotel type of us F Vice Chair Knoth tha nked Mr. Voboril fo r hi s presenta ti on. Vic e Chair Knoth asked Ms . Perry-Smith to co me to the podi um. PUBLIC TESTIMONY (Both Cases) Ell Ms . Debbie Perry-Smith was sworn in . She tha nked th e Plan nin g and Zoning Commission for th e opportunity to speak in fa vo r of both cases tonight. Sh e stated she and her hu sba nd ha ve been prop erty owne rs in Engl ewood fo r al most 20 1 ears. She said the y co mplNed a i:,,on ee ring proj ec t las t ye ar at 960 Eas t Hampd en Ave nue and rea ll y likes th e dir ecti on th e City is going . Old Ha mpden is a gate way to Engle wood th ro ugh th e Medical Dis tr ict. Sh e stated she has been ve ry mu ch in vo lved in this pr ocess and att e nd ed th e stakeh older Planning and Zoning Com missio n Pubhc Hc:mn g Case it2008-03 an d ttZON2 009-0I Mny 5, 2009 Pog, 8 of JO mee tings since da y o ne. She said she would li ke to see th e City expand th e bounda ry where th e step down is allowed. That area defini tely lend s itse lf to mo re projects li ke 960 East Hampden Ave nu e. She thanked the Commi ssion fo r thei r tim e. f] We lker moved: Krieger seconded: THE PUBLIC HEARING ON CASE #2008-03 AND CASE #ZON2009-01 BE CLO SED AYES: NAYS: Knoth, Roth, We lke r, King, Kri eger, Ca lender, Fish None ABS TA IN: None ABSEN T: Brick, Bleile Motion ca rri ed. Bl Kriege r m,:iveJ: King seconded: CASE #2008 -03, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPA L CODE RELATED TO ESTAB LISHI NG NEW MEDICAL ZONE (M-1 AND M-2) AND MED ICAL OVERLAY DISTRICTS (M-0-1 AND M-0-2), BE RECOMMENDED FOR APPR OVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMEN DATION FOR ADOPTION. Vi ce Chai r Knoth asked the Comm iss ion fo r comme nts. Mr. Welker sai d th is process has in vo lved a lot of work for many yea •s. He sa id he believes th e Co mmi ssio n is doing the rig ht thin g. Maybe the fac t that th ere is no t a lot of public here tonigh t means that th e outreac h has been successfu l and the planning has been good. He com m ended the City Staff for th at. M s. Kri eger added th at th e Commission is probably moving in th e right di rec ti on. She sa id it is pa rti cularl y gratifyi ng to se e how fai thfully M r. Voboril has worked wi th the is sue and to make ~u re the Commiss ion fo ll owed the Co mprehensive Plan initially to get th e Sma ll Area Plan into thi s for m. She said th at's awesome and that's th e way it is suppose to wo rk. Mr. Welker said he would li ke to add to Mr. Roth's com ment; we still have some issues to wo rk on . O ne of th em is es tab lish ing some protect ion between th e Overlay Districts and th e residenti al districts that they are a part of. Th e bigge r concern is parkin g regu lations, • • whic h th e Commissio n has no t reso lved even though we have discussed and stu died it at • seve ral stud y sessions . Furth er discuss ion is needed rega rding pa rking and landscaping . • • • Pla.nnmg :md Zoning Comm1ss1on Pubhc Hca nn g Case #200 -03 and #20~2009-0 1 May 5. 2009 P,ge 9 of 10 Mr. Fi sh said he has li ve d in th e area for 25 yea rs an d wa lk ed th e stree ts man y, many times, mostly for pleasure . He sta ted he is excited to see these zo nin g changes take place because he feels th e area ha s stagnated in some areas . This wi ll pro vide the opportunity for deve lopment along the ri gh t tracks . He feels it is in lin e with what th e City wa nts to do and we need to st imu late deve lopmen t in that area . Mr . Welke r stated it is a goal of his to create new life in that area and some viability. One of th e reasons the Commission has not been able to deal with the parking issue ye t is that we do not w3 nt to inhibit de ve lopment there, but stru cture it in such a way th at it ca n be successful and not destro y th ose thing s that need to be ma intair.erl in th e surr oun din jl area. AYES : NAYS: ABSTAIN : ABSENT: Knoth, Roth , Welker, King, Calender, Kriege r, Fish None Non e Bri ck. Bleile Mr. Roth vo ted yes, but wan ted to express that th e Commission neerl s to s"~ the missing issues soon er rat her tha n later. Moti on carried . Fish moved: Roth seco nd ed: CASE #ZON2009-0I , AMENDMEN TS TO THF. OFFICIAL ZONING MAP TO REZONE AN AREA OF Tl-IE CITY GENERALLY BOUNDED BY SOUTH LOGAN STREET, EA ST GIRAR D AVENUE, SOUTH LAFAYETTE STREET AND LITTLE DRY CREEK FROM MU-B-1 , MU-B -2, MU-R-3-B, PUD, R-2-B AND R-1- C ZONE DI STRICTS TO M-1 AND M-2 ZO NE DI STRICTS AND TO ESTABLISH AR EAS IN WHICH SUPPLEMENTAL M-0-1 AND M-0-2 MEDICAL OVERLAY DISTR ICT REGUL A TI ONS APP LY, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDA TION FOR ADOPTION. Vice Chair Knoth asked if th ere was an y discussion . There was not. Th e Vice Chair ca ll ed fo r a vo te. AYES : NAYS: ABSTAI N: ABSENT: Knoth, Roth , Welk er, King, Calender, Krieg e r, Fish Non e None Bri ck, Bleile Motion carried . Plannmll an d Zoning Comm1u1on Pub li c Hc:in ng C:isc ,i 20() •OJ :ind ,i ZO:"J 2009·0 1 ~lay 5. 2009 Page 10 or 10 Ms . Krieger thanked M r. Vobo ril fo r al l his ha rd work; he 's done an ex cell ent j ob and rea ll y was respo nsi ve to the Co mn1ission 's co nce rn s and th e stak eholde r's c0 nc ern s. H e really tri ed to m ake sur e tha t Staff met eve ryon e's varyin g ideas of wha t shou ld happen as b es t he co uld. As Mr. Welk er said, th e Co mmi ss io n has worked long and hard on thi s issue and app recia tes things being carri ed th ro ugh. She said in her tim e on th e Commissi o n she has see n num ero us plans co me fo rwa rd , but we never get to th e impl ementati on strat eg ies. It is rea ll y wonderful to see tha t happening . She sa id kudos to Mr. Vobo ril and D irector White fo r ke epi ng th e prioriti es in place . Mr. Kin g seco nd ed tha t. IV. ~ PUBLIC FORUM There was no thin g furth er to repo rt. V. DIRECTOR 'S CHOICE l!Jl Director White cong ratul ated Mr. Vo bo ril and th e Commis sion on a j ob well done. VI. STAFF'S CHOICE ~ Direc tor White noted th e nex t mee tin g w ill be held on M ay 19, 200 9 and the Commission will continue th e lan dsc ap i,'g amendments discussion . V II. ATTORNEY 'S CHOICE fli Ms . Re id had nothing to rep ort. V III. COMM ISSIONER 'S CHOICE ~ The Commissioners had no thing further to repo rt. The mee ting adjourned at 7 :5 1 p.m. • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2009-01 , FINDINGS OF FACT, CONCLUSIONS ANO RECOMMENDATIONS RELATING TO THE AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE AN AREA OF THE CITY INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 FINDINGS OF FACT AND CONCLUSIONS OF THE Cln' PLANNING AND ZONING COMMISSION Commission M embers Pr esent: Krieger, Ca lend er, Fish, King, Knoth, Ro th, W elker, Kinton Co mm iss ion Members Absent: Brick , Bl eil e Thi s matter was hea rd before th e City Plannin g and Zo ning Commiss ion on M ay 5, 2009 in th e City Cou ncil Chambers o · th e Eng lewood Civic Ce nte;·. Tes tim o ny was rec eiv ed fr om staff and th e public. Th e Co mmi ss io n rece ived noti ce of Public H ea rin g, th e Staff Repo rt , and a copy of th e proposed am endm ent to the Official Zon in g map which were in co rp o rated into and made a par t o f th e reco rd of th e Pub li c H ea rin g. After co nsid erin g th e stat em ents of th e w itnesses, and rev iewin g th e pe rtin ent docum ents, the memb ~ ·s of th e City Pl an nin g and Z o nin g Co mmiss ion mad e th e fo ll owing Fi ndin gs and Co 11 .-lu ·,io ns. 1. FINDINGS OF FACT THAT th e Pu blic H ea ri ng o n th e Am ~ndment s to the Officia l Zonin g Map to Rezo ne an area of th e ci ty gene rall y bound ed by South Loga n Str ee t, Fast Gi rard Avenu e, Sou th Lafayett e Stree t and Littl e Dry Cree k from MU-B-I , MU-6-2, MU-R-3-B, PUD, R-2-B and R-1-C Zone Districts to M -1 and M -2 Zo ne Distri cts; and to estab li sh areas in w hi ch suppl em enta l M -0 -1 and M-0-2 Medica l O ve rl ay O•stri ct Reg ul ati ons ap pl y was brought before the Plannin g Co mmi ss io n by th e D epa rtm ent of Community Development, a depanment of th e Cit y of En glewo od . 2. TliA T no tice of the Publi c H earin g was publis hed in the En gle w ood H erald o n Ap ril 17, 2009 . 3. TH AT rP.side nt s, prop ert y owners, an d business owners hav ing pe rso nal interests wi thin and one block beyo nd th e origina l D owntow n and Medical Di str ict stud y area bound aries we re inv it ed to pa rti cipa te as co mmunity stakeholde rs in a review of th e prop osed Medica ' Zone and Overl ay D is tri ct boundaries . 4. THAT two stakeho lder mee tings we re he ld o n ovembe r 12 and 13 , 2008 in order to present proposals for Medical Zon e and O ver la y boundaries ba sed on prev ious directi ons give n by stak eho lders documen ted in th e goa ls and objecti ves of th e Engl ewood Down town and Medical Di stri ct Small Area Plan . 5. THAT th e p roposa l to rezone an area of th e City gene rall y bounded by Sou th Logan Street, Ea st Girard Avenue, South Lafa yette Stree t, and Littl e Dry Cre ek, from MU·B· 1, MU-B-2, MU-R-3 -B , PUD , R-2-B and R-1-C to M -1 and M-2 Zone Districts, to establish areas in wh;c h supplemental M-O-1 and M-O-2 Medica l O ve rla y District reg ul ations appl y and is cons istent with th e goals and obj ec ti ve s of Roadmap Eng lewoo d : The 2003 Eng lewood Comprehen sive Plan . 6. THAT th e proposal to rezon e an area of th e City ge nerall y bounded by South Logan Street, East Girard Ave nue, South Laf1 ·ette Street, and Little Dry Creek, from MU-B- l , MU-B-2, MU-R-3-B, PUD, R-2-B and R-1 -C to M-1 and M-2 Zone Districts, to es tabli sh areas in which supple rr ntal M-O-1 and M -O-2 Medical O ve rl ay Dis tr ict regu lations app ly and shou ld be adopted as an amendment to th e Off'< •al Zoning Map of the Cit~ of Engl ewood . CONCLUS IONS I. THAT th e Pub lic H ear in g o n the U nifi ed Deve lop men t Code H ous ekeeping Amendments was b rought before th e Pl ann in g Co mmi ssio n by th e D epa rtm ent of Community D eve lop ment, a department o f th e Ci ty of Eng lewood. 2. TH AT notice of th e Publi c H ea ri ng wa s published in the Englewood Herald on Ap ril 17, 2009. 3. THAT all tes timony recei ve d from staff me mbers and the publi c has bee n made part o f th e reco rd of th e Publi c H ear in g 4 . THAT reside nts, prope rty owners , and busin ess ow ners having persona l int eres ts w ithin and one bl c ·k beyond th e o riginal Dow ntown and Medical District stud~ area boundari es particip at,,d as community stal ·e holders in a rev iew of th e proposed M edica l Zone and Overlay Di str ict boundaries . • • • • • • 5, THAT two stak eho lde r mee tin gs we re hel d on November 12 and 13, 2008 in order to pr esent proposa ls for Medica l Zon e and O ve rl ay district boundaries ba se d on pr ev ious di rec tions giv en by stak eho lder s docu mented in the goa ls and objectives of the Englewood Down tow n an d Medica l Di stri ct Small A rea Pl an. 6. THAT th e propo sa l to rezone an area of th e City ge nerall y bounded by South Logan Street, East Girard Avenu e, Sou th Lafa yette Street , and Littl e Dry Creek, from MU-B- l , MU-8-2, MU-R-3 -B, PUD , R-2 -8 and R-1 -C to M-1 and M -2 Zo ne Distri cts , to establish area s in w hi ch suppleme ntal M-O-1 and M-O-2 Medical O ve rla y Distri ct reg ulation s app ly and is co nsistent with th e goa ls and objec ti ves of Roadmap Engl ewood: Th e 2003 Englewood Comprehensive Plan . 7. THAT th e proposal to rezone an area of th e City gene rall y bounded by South Logan Street, East Girard Avenue, So uth Lafa ye tte Street, and Littl e Dry Creek, from MU-B- l , MU-B-2 , MU-R-3-B , PUD , R-2-B and R-1-C to M-1 and M -2 Zone Distri cts, to es tablish areas in which supplementa l M -O-1 and M -O-2 Medica l O ve rl ay District regulation, apply and should be adopted as an am endmen t to the Official Zon in g Map of the City of Engl ew ood . DECIS IO N THERffORE, it is th e decision of th e City Planning and Zon in g Commission that Case #ZO N 2009-01 , Amendment to the Official Zoning map to rezo ne an area of the City should be refe rr ed to th e City Counci l with a fa vo rabl e recomme nda ti on . The decisio n 'was rea ched upon a vo te on a motion made at the meeting o f the Ci ty Planning and Zoni ng Commis;ion on May 5, 2009, by Mr. Fish, seconded by Mr. Roth, w hi ch motion states: AY ES : N AY S: AB:,T AI ABSE NT: CASE #ZON2 009-0 I, AMENDMENTS ro THE OFFICIAL ZONING MAP TO REZONE AN AREA OF THE CITY GENERALLY BOUNDED BY SOUTH LOGAN STREET, EAST GIRARD AVE NUE, SOUTH LA FAYE TTE STREET AND LITTLE DR Y CREEK FROM MU-8-1 , MIJ-B-2, MU-R-3-B, PUD, R-2-B AND R-1-C ZO NE DISTRICTS TO M-1 AND M-2 ZONE DISTRI CTS AND TO ESTABLISH AREAS IN WHIC1 SUPPLEMENTAL M- O-I AND M-O -2 MED ICAL OVERLAY DISTR ICT REGULATIO NS APPLY, BE RECOMME NDED FOR APPROVAL TO :::ITY COU NCIL WITH A FAVORABLE RE CO MMENDATIO N FOR ADOPTIO N. Fish , Knoth , Ro th , Welker, King, Cal e nder, Krieger None None Br ick, Bl eile Motion carried . These Fin din gs and Conclu sio ns ar e effec ti ve as of th e mee tin g on Ma y 5, 200 9. • BY ORDER OF THE CITY PLAN NING & ZONING COMM ISS ION Ch{def!/f • •