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HomeMy WebLinkAbout2009 Ordinance No. 029• • • ORDINA 'CE NO . 2fl_ SE RIES OF 200 9 BY AUTH ORITY COUNC IL BILL NO . 26 INTRODUCED BY COUNC IL MEMBER M .CAS U N AN ORDINA NCE AMENDING THE "01 FICIAL ZONE DISTRI CT MAP " OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Engl ewood City Co uncil chose to make economic development a ,op Co un cil goal in 2006 : and WHEREAS , the Englewood City Co uncil has ap proved a rezoning Qfthe Medical Z<ine and O·,erla y District s in the immediate vicinity of Swedish Medical Center and Craig Hos pital ; and WHEREAS , the amendment lo the Officia l Zoning Map is needed lo implement the rezon ing of the Medical District Area to the newl y developed M-1 , M-2 , and Mixed Use Med ica l Over lay Di stricts ; and WHEREAS, the Englewood Planning and Zoning reconunended approval of this amendment lo the Official Zoning Map at its May 5, 2009 Meeting ; NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, CO LOR,..DQ , AS FOLLOWS : Section I. The Cit y Counci l of the City of Eng lewood, Co lorad o hereby auth orizes amending th e Official Zone District Map to reflect the rezo ning of the Medical Zone and Ove rl ay Distri cts. That map as amended is attached hereto as Exhibit A. Sec ti on 2. Safety Clauses. The City Co unc il hereb y finds , ret~rmines , and declares that thi s Ordin anc e is promulgated under the genera l police power of the C[ty of F~glewood , that it is promulg,ted fo r the health , safety , and we lfare of th e public , and that th,; Ordinance is necessary fo r the preservation of health an d sa fety and fo r the pro tecti on of publi c convenien ce and welfare . The Cit y Council funher determine s ll,al the Ordinance bears a ra ti ona l relati on lo the proper legi slative object :;ought lo be ob,.-ined . Section 3. Severabi!i!Y, If any clause, sentence, paragraph , or pan of thi s Ordi nance or the ap pli ca ti on thereof to any perso n or circ umstan ces shall for any rea son be adjudged by a coun of co mpetent jurisdictio n invalid ! such judgment shall not affect , impa ir or inva lidate :he remainder of 1his Ord inan ce or it appli ca ti on to other perso ns or circumstances . . S~ti on 4. In co nsistent Ordinan ces. All other Ordinances or portions thereof inc onsistc111 or co nfli ctin g wi th thi s Ordinance or any poni on hereof are hereb y repealed to the extent of such il'-:o nsis tcn cy or co nflict . 11 b ii Section 5. Effect of repeal or modifi cation . The repea l or modifi ca ti on of any provisio n of • th e Code of th e City of Englewood by thi s Ordinance shall not relea se, extin guish, alter, modify, or change in whole or in pan any penalty, fo rfeitur , or li ab ilit y, eit her civi l or crimi na l, whi ch shall ha ve be en incurred und er such provisio n, and each provi sion shall be t•eated and held as still remaining in force for the purposes of sustaining any and all proper ac ti ons, suit s, proceedi ngs, and pro sec ut ions fo r the enforcement of tho penalt y, for feiture, or li abilit y, as we ll as for the purpo se of sustaini ng any j udgment , decree, or order which can or may be rendered , entered , or made in such ac tio ns, suit s. proceedings, or prosec ution s. Section 6. Pen alty . Th e Pena lt y Provis ion of Section 1-4-1 EMC sha ll app ly to eac h and every viola tion of th is Ordinance . Introd uced, read in full , and passed on fir st reading on th e I st day of June 2009 . Publi shed as a Bill for an Ordinance in th e Cit y's offi ci al newspa per on the s• day of Jun e, 2009 . Published as a Bill for an Ordinanc e on the City 's offi cial website beginning on the 3"' day of Jun e, 2009 for thiny (30) days . A Public Hearing was held July 6. 2009 . Read by title and pas sed on final readin g on th e 20" day of Jul y, 2009 . Publi sh~ by title in th e Cit y's official newspaper as Ordi nance NrJ.l..f, Seri es of 2009 , on the 24th day of July, 2009 . James K. Woodward , Mayor I, Loucri shi a A. Ellis , Cit y Clerk of the Ci ty of Englewood , Col orado , hereby cenify that the abo ve and fo regoing is '½½"e copy of th e Ordin ance pa ssed on f' rea dmg and publi shed by ''"'. o••·-No e , ''"" "'""'· ' tt.4 • • • • • Zone District M-1 That part of the SE quarter of Sect ion 34 and t he SW quarter of Sec t ion 35 , Townsh ip 4 South , Range 68 West of the 6th P.M., si tuated within th e City of Englewood , Arapahoe County, Colorado, more partic ularly described as follow s: BEGINNING at the Intersection of the centerlines of South Logan Street and East Girard Avenue ; thence southerly alo,1g the centerline of South Logan Street a distance of 530 feet to the extend ed south line of Lot 20, Block 5, West View Addition; thence easterly along said extended line to the centerline of the alley In Block 5, West View Addition; thence southerly along said alley centerline, and the extension thereof, to the south line of Sect ion 34 ; thence easterly along said section line to the southeast corner of Section 34 , also be ing the southwest corner of Section 35; thence continuing easterly along the south line of Section 35 to the extendea centerline of the alley (now vacated) In Block 45, Evanston Broadway Addition ; thence northerly along sa I alley centerline to the extended south line of Lot 31, Block 45, Evanston Broadway Addition ; thence easterly along said extended line to the centerline of South Emerson Street; thence southerly along the centerline of South Emerson Street a distance of 58 feet to a line parallel with the south line of Section 35, lying 122 feet northerly therefrom ; thence easterly along said parallel line a distance of 652 feet, across Blocks 46 and 47, Evanston Broadway Addition, to the centerline of South Corona Street; thence northerly along the centerline of South Corona Street a distance of 8 feet to the extended ,south line of Lot 20, Block 48, Evanston Broadway Addition ; thence easterly along said extended line to the centerline of the alley In Block 48, Evanston Broadway Addition ; thence northerly along said alley centerline to the extended south line of Lot 31, Block 48, Evanston Broadway Addition; thence easterly along said extended line to the centerline of South Downing Street; thence southerly along the centerline of South Downing Street to the extended south line of Lot 19, Block 49, Evanston Broadway Addition ; thence easterly along said extended line to the centerline of the alley In Block 49', Evanston Broadway Addition ; thence southerly along said alley centerline to the extended south line of Lot 29, Block 49, Evanston Broadway Addition ; thence easterly along said extended line, also being the south lines and extensions of: Lots 20 & 29, Block 50, Evanston Broadway Addition, a distance of 489 feet to the centerline of So~th Lafayette Street; thence northerly along the centerline of South Lafayette Street to the centerline of East Girard Avenu e; thence westerly along the centerline of East Girard Avenue to the Point of Beginning . TOGETHER with that part of the NE quarter of Section 3, Township 5 South, Ran ge 68 West of the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more particularly described as follows : BEGINNING at the Intersection of the centerlines of U.S. Highway 285 and South ?ennsylvanla Street ; thence easterly along the centerline of U.S. Highway 285 to the extended east line of the west half of Block 8, Higgins Englewood Gardens; thence southerly along said extended line to a line parallel with the south line of said Block 8, lying 15 feet southerly therefrom; thence easterly along said parallel line to the east line of Section 3; thence southerly along sa id section line a dlstancs of 15 feet to the northeast corner of the South half of the NE quarter of Section 3; t hence continuing southerly along Page 1 of 6 • X H I 8 I T A the east line of Section 3 a distance of 255 feet, more or less; thence westerly a distance of 55 feet to a point on the north line of Lot 4, Sandra's Subdivision; thence northwesterly along the north line of Lot 4 a distance of 54 .07 feet to an angle point; thence continuing northweste r!; along the north line of Lot 4 a distance of 55.92 feet to the northwest corner of said Lot; thence continuing northwesterly along the north lines of Lots 3, 2, and 1, to the northwest corner of Lot 1, Sandra's Subdivision; thence continuing northwesterly to the southeast corner of Lot 25, Block 6, Higgins Englewood Gardens ; thence westerly along the south line of Lot 25 a distance of 54 .08 feet; thence northwesterly to the northwest corner of said Lot 25; thence continuing northwesterly to a point on the centerlir,e of South Pennsylvania Street; thence northerly along the centerline of South Pennsylvania Street a distance of 16.86 feet to the extended north line of Lot 28, Block, 5, Higgins Englewood Gardens; thence continuing northerly along the centerline of South Pennsylvania Street to the Point of Beglnnln,l, Poge 2 or 6 • • • • • • Zone District M·2 That part of the SE quarter of Section 34 and the SW quarter of Se ction 35 , Townsh ip 4 South, Range 68 West of the 6th P.M., the NE quarter of Section 3 and the NW quarter of Section 2, Townsh ip 5 South , Range 68 West of the 6th P.M., situated with in the City nf Englewood, Arapahoe County, Colorado , more part icularly describ ed as follows : COMMENCING at the Intersection of the centerlines of South Logan Street and East Girard Avenue ; thence southerly along the centerline of South Logan Street a distance of 530 feet to the extended south line of Lot 20, Block 5, West View Addition, and the TRUE POINT OF BEGINNING; thence easter ly along said extended line to the r.enterllne of the alley In Bloc k 5, West View Addition; thence southerly alonu said alley centerline, and the extension thereof, to the south line of Section 34; thence easterly along said section line to the southeast corner of Section 34, also be ing the southwest corner of Section 35; thence continuing easterly along the south line of Section 35 to the extended centerline of the alley (now vacated) In Block 45, Evanston Broadway Addition; thence northerly along said nlley centerline to the extended south line of Lot 31, Block 45, Evanston Broadway Addition; thence easterly along said extended line to the centerline of South Emerson Street; thence southerly along the centerline of South Emerson Street a distance of 58 feet to a line parallel with the south line of Section 35, lying 122 feet northerly therefrom ; thence easterly along said parallel line a distance of 652 feet, across Blocks 46 and 4·1, Evanston Broadway Addition , to the centerline of South Corona Street ; thence n~rtherly along the centerline of South Corona Street a distance of 8 feet to the extended south line of Lot 20, Block 48, Evanston Broadway Addition; thence easterly along said extended line to the centerline of the alley In Block 48, Evanston Broadway Addition; thence norther:y along said alley centerline to the extended south line of Lot 31, Block 48, Evanston Broadway Addition; thence easterly along said extended line to the centerline of South Downing Street; thence southerly al ong the centerline of South Downing Street to the extended south line of Lot 19, Block 49, Evanston Broadway Addition ; thence easterly along said extended line to the centerline of the alley In Block 49, Evanston Broadway Addition; thence southerly along said alley centerline to the extended south line of Lot 29 , Block 49, Evanston Broadway Addition; thence easterly along said extended line, also being the south lines and extensions of: Lots 20 & 29, Block 50, Evanston Broadway Addition, a distance of 489 feet to the centerline of South Lafayette Street ; thence southerly along the centerline of South Lafayette Street, and the extension thereof, to the sc,uth line of Section 35; thence easterly along said section line a distance of 9 .5 feet, more or less, to the extended centerlln Jf the right-of-way between Tracts 2 and 3, Verona Place , also known as South Lafayette Street; thence southerly along the extended centerline of the aforesaid rlght·of- way to the cente rline of U.S. Highway 285; thence southwesterly along the centerline of U.S. Highway 285 to the east line of the west half of Tract 3, Verona Place , also being a point on the east line of Jones Subdivision ; thence northerly along sa id east line of said subd ivision to the northeast comer of Lot 3, Jones Subdivision ; thence westerly along the north line of Lot 3, and the extens ion thereof, to the centerline of South Marlon Street; thence southerly along the centerline of South Marlon Street to the extem;led centerline of the east-west alley In Block 1, Yaeger's Subdivision of Verona Place ; thence westerly along said extended alley centerline to the centerline of South Downing Street; thence southerly along the centerline of South Downing Street to the extended sou :h line of Lot 44, Bloc k 1, Pa ge 3 of 6 Higgins South Broad way Heights; thence westerly along said extended line to the centerllnE • of th e alley In Block 1, Higgins South Broadway Heights ; thence northerly along said alley centerline to a line parallel with the north line of Section 2, lying 130 feet southerly therefrom; thence westerly along sa id parallel line, also being the north lines and extensions of : Lot 5, Block 1, Lots 46 & 5, Block 2, and Lots 46 & 5, Block 3, Higgins South Broadway Heights, a distance of 815 feet to the centerline of South Emerson Street; thence southerly along the center! lne of South Emerson Street, and the extension thereof, to the south line of the North half of the NW quarter of the NW quarter of Section 2; thence westerly along said south line of the North half of the NW quarter of the NW quarter of Section 2 to the southwest corner thereof, also a being a point on the west line of Section 2 and the east line of Section 3; thence southerly along said east llnP of Section 3 to a line parallel with the south line of Block 8, Higgins Englewood Gardens, lying 15 feet southerly therefrom; thence westerly along said parallel line to the extended east line of the west half of Block a, Higgins Englewood Gardens; thence northerly along said extended line to the centerline of U.S. Highway 285; thence westerly along the centerline of U.S. Highway 285 to the centerline of South Pennsylvania Street; thence southerly along the centerline of South Pennsylvania Street to the extended north line of Lot 28, Block 5, Higgins Englewood Gardens; thence continuing southerly along the centerline of South Pennsylvania Street, a distance of 16 .86 feet to a point; thence northwesterly to a point on the east line of Lot 28 , Block 5, Higgins Englewood Gardens, from which the northeast corner of said Lot bears northerly 5.72 feet; thence continuing northwesterly to a point on ihe west line of Lot 30, Block 5, Hlg.glns Englewood Gardens, from which the northwest corner of said Lot bears northerly 5.57 feet; thence westerly to the centerline of the alley In Block 5, Higgins • Englewood Gardens; thence northerly along said alley centerline a distance of 5 .57 feet to the extended south line of Lot 18, Block 5, Higgins Englewood Gardens ; thence westerly along said extended line to the centerline of South Logan Street; thenq,,northerly along the centerline of South LO'Jan Street to the Point of Beginning . • Pa~e ◄ of 6 • • • Overlay District M-0-1 That part of the SE quarter of Section 34 and the SW quarter of Section 35, Township 4 South, Range 68 West of the 6th P.M., situated within the City of Englewood , Arapahoe County, Colorado, more particularly described as follows : BEGINNING at the Intersection of the centerlines of South Pearl Street and East Girard Avenue; thence northerly along the centerline of South Pearl Street to the extended north line of Lot 22, Block 2, West View Addition; thence easterly along said extended line, also being the north lines and extensions of: Lot 29, Block 2, and Lots 22 & 29, Block 1, West View Addition, a distance of 652 feet to the centerline of South Clarkson Street; thence northerly along the centerline of South Clarkson Street to the extended north line of Lot 19, Block 44, Evanston Broadway Addition; thence easterly along said extended line to the centerline of the alley In Block 44, Evanston Broadway Addition; thence southerly along said alley centerline, and the extension thereof, to the centerline of East Girard Avenue; thence westerly along the centerline of East Girard Avenue to the Point of Beginning . Poge s or 6 Overlay District M-0 -2 That part of the NW quarter of Sect ion 2, Township 5 South, Range 68 We st of th e 6th P.M., si tu at ed within the City of Er.\jlewood, Arapahoe County , Colorado, more particul arly described as follows : BEGINNING at the Intersection of the centerline of South Emerson Street and a line parallel with the north line of Section 2, lying 130 fn et southerly therefrom ; thence easte rly along sa id parallel line, also being the north lines and extensions of: Lots 5 & 46, Block 3, Lots 5 & 46, Block 2, and Lot 5, Block 1, Higgins South Broadway Heights, a distance of 815 feet to the centerline of the alley In Block 1, Higgins South Broadway Heights; thence southerly along said alley centerline a distance of 75 feet to the extended south line of Lot 7, Block 1, Higgins South Broadway Heights; thence westerly along said extended line to the centerline of South Corona Street; thence northerly along the centerline of South Corona Street a distance of 25 feet to a ,lne parallel with the north line of Section 2, lying 180 feet southerly therefrom; thence westerly along said parallel line, also being the south lines and extensions of: Lots 45 & 6, Block 2, and Lots 45 & 6, Block 3, Higgins South Broadway Heights, a distance of 652 feet to the centerline of South Emerson Street; thence northerly along the centerline of South Emerson Street to the Point of Beginning . TOGETHER with that part of the NW quarter of Section 2, Township 5 South, Range 68 West of the 6th P.M ., sll~ated within the City of Englewood, Arapahoe County , Colorado, more particularly described as follows: BEGINNING at the Intersection of the centerline of South Downing Street with the extended centerline of the east-west alley In Block 1, Yaeger's Subdivision of Verona Place ; thence easterly along said alley centerline to the centerline of South Marlon Street; thence northerly along the centerlinf! of South Marlon Street to the extended north line of Lot 3, Jones Subdivision ; thence easterly along said extended line to the northeast cornP.r of Lot 3, also being a point on the l!ast line of the west half of Tract 3, Verona Place; th~nce southerly along the east line of Lot 3 to the southeast corner of s;ild Lot; thence westerly along the south line of the aforesaid Lot 3, and the extension thereof, to the centerline of South Marlon Street; thence southerly along the centerline of South Marlon Street to the extended south line of Lot 27, Block 1, Yaeger's Subdivision of Verona Place ; thence westerly along said extended line, also being the extended south line of Lot 14, Block 1, Yaeger's Subd ivision of Verona Place, to the centerline of South Downing Street; thence northerly along the centerline of South Downing Street to the Point of Beginning . P•ge6or6 • • • • • • COUNCIL COMMUNICATION Date : 1 Age nda Item: Subj ect: Jun e 1, 2009 11 a iii Amendmen t 10 lhe Ofiicial Zoning Map 10 Rezone Porlions of lhe iviedi cal Dis lrict Area lo M-1 and M- 2 Mixed Use Medical Zone Dislricts Initiated By: I Staff Source : Community Deve lopm enl Depar1men1 John Voboril , Plann er COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Counci l chose to make economi c deve lopmenl a top Council goa l in ea rl y 2006, and ha s continu ed to reaffirm this goa l as a lop priority. Th e amendment to the Official Zoning Map to rezon e portions of th e Medica l D is tr ict Area to th e new ly deve loped M-1 and M-2 Mixed Use Medical Zone Dislricts , and 10 es tablish areas in which th e newly develope d M-O-1 and M -O-2 Medical Overlay District regulations ap pl y (propose d fo r adopl ion under a re lated, bu t separale ordin ance), ha ve been deve loped in response to Cou ncil's des ire l o estab li sh more developm en1-friend ly regulations in lhe immediate vici nity of Swedish Medical Cenler and Craig H ospi ra! l o lake advantage of deve lop menl in1 eres 1 in th e area . Th e fo ll owing limeline presen l s a compl el e li sl of Counci l ac l ions on 1h e amendmenl l o lh e Officia l Zoni ng Map lo rezone portions of 1h e Medical Dislricl Area to 1h e newlv developed M -1 and M -2 M ixed Use M edical Zone Districts, and to es tab li sh areas in which lh e newly developed M-0-1 and M-O-2 Medical Overlay Distri ct regulali ons apply (proposed for adopti o11 un der a relared, but separa te ordinance) begi nnin g w ilh th e Englewood D ownlown and Medical District Small Area Plan process : Jun e 20, 2006 Study Session : CD Proposa l to Unde rt ake Sma ll Area Planning Process for the Englewood D ownlown an d M edical D is tricts February 20, 2{107 Study Session : Review of Englewood Down1 own and Medica l Di slric l Small Area Plan Po licy Docurnenl Goa ls and Objeclives April 2, 2007 Reg ular Meetin g: Counci l Approval of Englewood D ownI own and Medical D is lricl Small Area Pl an Policy Docum enl Goals and Objeclives by Reso lul ion June 16, 2008 Study Session: En glewood M edi ca l D is tr icl Sma ll Area Rezonin g Plan Upda Ie October 13, 2008 Study Session : Pr esental ion of Medical Zone and Overlay Dis trict Am endm enl Concepls and Rezoning Boundaries I RECOMMENDED ACTI O N Community D evelop ment seeks Coun cil support fo r a b ill for an ordinan ce approving an am end me11 t to th e Official Zoning Ma~ to rezone porti ons of the Medical District to M-1 and M-2 Mixed Use Medical Zon e Dis tricts. Staff furt her recommends that Council schedule a public hearing on July 6, 2009 to ga th er p ubli c inpu t on this iss ue and another cl ose ly related ordina nce am ending the Medical Zone and Overlay District Amendments to Title 16 (age nda item t 1 a ii). BACKGROUND, ANALYSIS , AND DESCRIPTION OF PREFERRED ALTERNATIVE Background Th e original i m petu s for th e amen dment to th e Official Zoni ng Map to rezone port ion s of th e Medical D is tri ct area to th e newly developed M-1 and M -2 Mixe d Use Medica l Zone Dis tric ts, and to es tab lis h areas in w hich th e newly deve loped M-0-1 and M -O -2 M edica l Overl ay D is tr ict regu latio ns apply (p ro posed for adoption under a re lated, bu t separate o rdinance) w as Council 's desire to pursu e policies tha t are m ore supportive of p oten tia l economic and community developm ent p roj ec ts . Coun ci l made economi c developmen t one of its stated chief goals i n 2006, and has reaffirm ed th is goal every yea r since. In order to support Coun ci l's economic development age nda, Com muni ty Deve lopment pro p osed undert aki n g a small area pl annin g process focu sed on th e En glewood D owntown and Medica l Distric ts. All res id ents , p rope rty owners, and business owners were in vited to becom e par ti cipa ting stakeholde rs in a se ri es of mee tin gs des igned to foste r discuss ion of pl anning goa ls an d obj ectives • for th e area. Th e res ulting poli cy docum ent, Englewood Downt own and Medical Dis tric t Small Area • Pla n, was officiall y adorted in th e sprin g of 2007. Soon aft er ad opti on of th e Englewood Downt own and Medica l Dist rid Sma ll Area Pla n, Comm u nity Developm ent staff b ega n th e p rocess of deve lopi ng propose d boundari es for new M edical Zone and Overl ay D is tri cts b ase d on goals and objec tives for th e six sub-a reas that ma de up th e o ri gin al Medical D is trict study area . Th ese goa ls and obj ec tives were developed from stake ho ld er respo nses to ques tk>ns as kin g p artici pants to iden ti fy areas where change was app ro priate as well as areas where stabili ty was des ir< i. Commu ni ty Development staff deve loped th e p roposed boundar ies t o i nclude iden ti fie d are ,s of change and excl ud e ide nt ified areas of stabili ty. Community Development staff bega n to work close ly w ith the Planni ng and Zoning Commission to exa mine an d refine th e p roposed boundaries fo r th e new M edical Zone an d Overlay D is tri c ts th rough a se r ies of five stu dy ses sions begi nn ing on April 24, 2008 and ending on Sep tember 3, 2008. The Pl anning Commi ssio n made slig ht modifi ca tions to th e intern al boundaries b etween th e M-1 and M -2 Zone distric ts, as well as sli ght modifi ca ti ons to th e height zo ne boun da ries. A fi nal study sess ion was held o n Janu ary 2 1, 2009 in respo nse to a requ eSI by a priva te p rope rty owner to modify th e proposed bo undari es of th e 14 5 foot heig ht zo ne to incl ud e th e wes t si de of Em erso n Stree t, as well as expa nsion of th e ove rl ay dis tric t boun dary in order to in cl ud e ad diti onal prnperties on th e eas t side of Emerso n Stree t. H owever, th e Plann ing Com miss ion d id not feel th e arguments made in support of th e proposa l were stro n g enough to warra nt revis ions. Soo n after th e Sep tem be r 3, 2008 w rap-up stu dy sess ion, Co mmuni ty D evelop men t staff invi ted Craig Hosp ita l and Swed ish Medica l Ce nte r exec utive staff to meet w ith City staff in o rd er to hear a p resen tation o n the Medical lune and Overl ay Dis tri c t concepts and the proposed boun da ries fo r • 2 • • • th e /v\edica l Zone and Overlay Distri cts and give feedba ck on October 14, and Octob er 29 , resp ec ti ve ly. Executive staffs from both hospitals exp ressed sa ti sfac tion with th e proposed regul ations and boundari es, acknow ledging that th e new regulations and boundaries wou ld giv e them more flexib ility to expand their cu rren t facilities on properties the hospi tals curr en tl y own . At th is time, Community De velopment staff also pr epared to take the proposed Medi ca l Zone and Overlay District boundaries back to the community stakeh olders for their reacti ons. On ce aga in , all residents , property owners, and business owners within and one block be yond the Down tow n and Medica l District study area boundaries were invited to attend stake holder meetings on November 12 and 13, 2008. Stakeholders were genera ll y accepting of th e proposed Medica l Zone and Overlay District boundaries presented to them , recognizing that the propos ed boundaries generall y co nformed to th e sub-area goals and objectives of the origina l Englewood Downtown and Medical District Small Area Plan . Analysi s The proposed boundaries for th e amendmen t to th e Official Zoning Map to rezo ne portions of th e Medica l District Area to the newl y developed M-1 and M-2 Mixed Use Medical Zone Districts, and to establish areas in which the newly developed M-O-1 and M-O-2 Medica l Overlay District regulations apply ha ve been designed to fos ter economic development and expa nsion. The proposed new zoning and overlay districts hold many advantages over the ex istin g zoning patterns: • The new zone districts effective ly separates areas slated for change from residen ti al neighborho ods where sign ifi cant change is not des ired. The new M-1 and M-2 Zone Districts were drawn to onl y include areas in which stakeholders indicated we re acceptable ureas of change. • Th e new zone districts effectively expa nd s the area allo wing reta il uses into the area direct ly so uth of the Swedish Medical Cen ter and Cra ig Hospital campus es and traditi onal Old Hampden corridor, to in clude prime development parcels located at the corners of Logan and Clarkson with US Highway 285 . • The new ove rl ay dis tr icts effect ive ly es tablishes a transitional area between the M-1 and M-2 Zone Distri cts and residen ti al neighborhoods to the nor th and sout h, whic h all ow th ese areas to serve a supportiv~ deve lopment role in conju ncti on with prim ary M-1 and M-2 Zone Dis tri ct developments, and at the same time, provide a measure of protection for adjace nt residen tia l areas . Description of Preferred Alternative M-1 : Mixed Use Medical, Office, and High Density Residential Zone District This zone dis tri c t all ows hospitals and medi cal uses, as well as genera l offi ce, hi gh density residential, and hotels as primary land uses . The district covers the exist in g main hospita l ca mpus areas. In order to pro tect resi dential neighborhoods to th e north , it does not allow retail as a primary use . M-2: Mixed Use Medical , Office, High Density Residential , and limited Retail Zone District Thi s zo ne distric t all ows hospita ls, and med ica l uses , as we ll as ge nera l office , high de nsity residential , hotels, and limited retai l as primary land uses. Retail uses are res tri cted to no me re th an 10,000 sq uare fee t, with exce ptions made fo r strategic properties loca ted at th e intersections of Logan , Cla rkson, and Hampd en with US Hi ghway 285. Th e dis tric t wi ll not all ow new auto-oriented uses to be es tablished . Th e dis tri ct covers the hi storical Old Hampd en business co rrid or as we ll as the area directl y sou th of th e hos pit al ca mpu ses st retchi ng to, and includin g th e Clarkson and Logan int ers ecti ons wi th US High way 285. M·0-1 : Mixed Use Medical Overlay District This ove rl ay distri ct cove rs a port ion of th e MU-R-J-8 bas e resi denti al zo ne district from th e cente rlin e of Girard Avenue 10 points 130 to 180 feet to the north . Und er the M-O -1 Ove rla y Distri ct reg ul ations, prop erti es mu st fo ll ow th e ex istin g MU -R-3-8 reg ul at ions for la nd us e, den sity, and heigh t, but are allowed to foll ow th e more fle xibl e M-1/M-2 setback regulatio ns . M-0-2: Mix~d Use Medical Overlay District This ove rlay distri ct covers a port io n of the R-2-8 bas e resid ential zone dis tric~ cove ring th e first res identi al lot adja cent to th e historical Old Hampd en Avenu e bu siness corridor. Property owners may deve lop thes e lots und er th e R-2-8 base re si denti al zone distri ct regulati ons or may opt to combine the property with adjacen t properti es wi th frontage on Hampden Aven ue in orde r to create a dee per lot fo r a larger mi xe d use, residen ti al, or office development, or as a pa rkin g area for a single use re tai l deve lopm ent. Summary The proposed Amendm ent to the Offici al Zoning Map to rezone porti ons of the Medical Distri ct Area to M-1 and M-2 Mi xed Use Medical Zone Dis tri cts, and to es ta bli sh areas in whi ch M-O-1 and M-O -2 Medical O ve rla y Di stric t reg ul at ions app ly (p roposed fo r adopti on und er a related, but sepa rate ordinance) represents th e achievemen t of th e firs t implementa tio n step towar d th e reali za tion of th e Engl ewood Med ical Distri ct vision . FINANCIAL IMPACT No di rec t fi nancia l cos ts are anti cipated from th e adopti on of the propos ed amendm ent s. LIST OF ATTACHMENTS Plann ing and Zoning Commiss ion Publi c Hea rin g Mi nut es: Ma y 5, 2009 Plannin g and Zo nin g Com mi ss ion Pu blic Hea ring Findin gs of Fact: May 5, 2009 Pr oposed Bill for an Ordinan ce 4 • • • • • • Pl::t.nmng :i nd Zoning Commission Pub h: Hennng C:ue lfJOOS -03 ::ind #20:-,.11009-0 1 May S, 2009 P,g, I of 10 CITY OF ENGLEWOOD PLAN NING AND ZON ING COMMISSION REGULAR MEETING I. ~ CALL TO ORDER May 5, 2009 The regular meeting of th e City Planning and Zoning Commission was ca ll ed to order at 7:06 p.m. in the Counci l Chambers of the Englewood Ci vic Center, Vice Chair Knoth presiding . Pre se nt: Abse nt: Sta ff: Roth , King, We lker, Cal ender, Krieger, Kno th , Fish , Kinton Bri ck, Bleile Alan White, Communi ty De ve lopm ent Dir ec tor John Vobo ril , Planner Nancy Reid , Assistant City Attorney II. APPROVAL OF MINUTES Ap ril 1 7, 2009 fJl Krieger moved: Calend er seconded: TO APPRO VE THE APRIL 17, 2009 M INUTES Vice Chair Knoth asked if there we re any modification s or co rr ec tion s. Ther e were non e. AYES : NAYS : ABST AIN: ABSENT : Roth, We lk er, Krieger, Calender, Kno th, Fi sh, King None None Brick, Bl eile Moti on carried . 111 . PUBLIC HEARING : CASE #2 008-03 AND CASE #ZON2009 -01 ~I Welke r moved : Roth seconded : THE PUBLIC HE AR ING ON CASE #2008-03 A D CASE #ZON2009-0 1 BE OPENED AYES : AYS : Kn oth , Roth , Welker , Ki ng, Krieger, Calender, Fish None Planm n; and Zoni ng Commmi on Pubh c Hcanng Cm ::i 1008-03 an d .::ZQN2 009 -0 I ~l ay 5 .• 009 Page 2 of 10 A BS TA IN: N on e ABSE NT: Brick, Bl eile Motio n carrie d . M r. \'obo ril, Plann er, was sw orn in . He stated tonig ht's Publi c H earing w ill be focus ing on tw o related bu t sepa rate zoning cases, Case #2008-03 , Medica l Zone and O ve rla y Amendme nts to Title 16 and Case #Z O N2009-0l , Amendmen t to th e Officia l Zoning Map to rezone an area of th e Ci ty genera ll y bound ed by South Log an Str ee t, Ea st Girard Avenu e, Sout h Lafa yett e Str ee t and Littl e Dry Creek to M-1 and M-2 Mixed Use Medica l Distric ts and to establish areas in w hich supp lemental M-O-1 and M-O-2 Medical O ve rl ay Dist rict Regulations Appl y. CASE 112 008-03 M r. Voboril st at ed he ha s proof of pub lica tion of th e publi c hearin g no ti ce, w hi ch was publ ished in the Englewood Heral d on April 1 7, 2009. Th e Swedish Medical Center and Crai g Hospital area wa s firs t identifi ed as a potential ar ea of change in Roadmap Englewood: The 2003 En glewood Compreh ensi ve Plan . In support of tha t vision th e Community D eve lo pm ent Sta ff, wi th the supp ort of City Council, began to deve lop a sm all area planni ng pro cess centered on the Downtown and Medica l Di strict ar eas in the fall of 2006 . Five thousand peo pl e we re in vited to participate as stakeh olders: all prop erty owners, bus iness ow ners and residents w ithin th e two o ri gi nal stud y ar ea districts plu s an additio nal one bl oc k radi us beyo nd th ose bo rd ers . Thre e hundred people regi stered to part ;':i pat e and approxi mate ly 150 actually attended th e mee tings. At the stakeholder's meetings Community Development Staff gave a prese ntatio n on th e existing issues and co nd iti ons wi thin th e two districts and posed a number of questions to th e stak ehold ers concerning what types of development th ey fel t were approp riat e in th e Medical Distri ct. From that feedback, Staff deve loped a visio n, goa ls and objectives that were th en inco rpo rate d into the Small Area Pl an documen t. This poli cy docum ent went before Planning Commi ss ion in a simi lar Publi c H earing process and was recom mended for adoptio n and approved by Reso luti o n by City Counci l in th e spring of 2007. Sh or tl y aft er that, Staff began to work on an anal ysis of the existin g medica l dis tr ict zoning in order to determine whether it was conducive to achie ving the vision , goals and objec ti ves tha t were foun d in th e policy docu ment. Staff determined tha t th e exis ting zoning was n ot co nduci ve to the vision in the Small Area Plan doc umen t. Staff then bega n wo rkin g on deve lopi ng med ica l di stri ct con cep ts for rezoning the ar ea. Once tha t was comp leted , anoth er series of stud y sessions with the Planning and Zoning Commission were hel d to exp lain the concepts and to make refin ements . When co m pleted, presen tati ons were once aga in held w ith the stake hold ers and the hospita l staff. The hospital mee tin gs occu rred in September and Ouobe r of 2008 and th e stakeho lde r's mee tings were on November 12 and 13, 2008 . At the meetings , St aff pr ese nted th e concepts . The feed back fr om th e m eetin gs w as that Staff had generally crea ted amendments that w ere in the spi rit of wh at was in th e policy docum ent. • • • • • • P1 o.nni:ig ;md Zoning Commm10n P.Jb hc He:mng C:ue ;:100 8-03 .and i:tZO :-:1009-01 Mo y S. 2009 Page j of 10 Comprehensi ve Plan Housing Goal # 1 states "Pr omo te a balanced mix of housing opp ortu nities serv;,,g the needs of all current and futur e En glewood ci tizens ". Suppo rtin g that goal, Small Area Pla n Housing Goal #3 st ates "Encourage in vestments in new housing wi thin the Medica l Cente r ar ea". The in spira tion fo r th e ,V,;;dical Zo ne and O ve rl ay Distric t Amendments , in terms of housing, co mes from The Terraces at Pe nn sylvania pro jec t. This is a recent ly comple ted pro je ct buil t by th e Engle woo d Hous in g Autho rity whic h was fo rced to go thr ough a Plann ed Unit Deve lopment Rezo ning process. Staff wo uld like to allo w that type of development to oc cur withou t the re zoning requi rement. Staff focused on making the setbacks mor e flexib le and crea ting a larger de ve lopment en ve lop e on a particular property for mor e fl exibility for developmen t purp oses. Also , Staff lo oked a t changing th e wa y the City reg ulat es the number of res identia l units on a property. Existing zon ing regula tes the numb er of res id ential units by land area per unit. Staff suggest s sw it ching to a system whic h wo uld regulate the number of residentia l units on a de ve lopment by th e max imum height restrictions and mi nimum par king req uir ements . Staff also in stituted a number of different heigh t zones . Some area heights were kept at the current leve l in ord er to protect th e neighborh oo ds to the north and the east. In other areas south of the main hospital campu s, Staff created a he ight zone of 145 feet to encourage a more intensive residential type development in an area that would not affect th e single -fam ily residential neigh borhoods to th e nort h and east. As for lands caping, Sta ff ha s transiti oned away fr om a suburban residentia l style to a more urban style . Mr. Vobori l stated he wou ld now be discussing business seals. Comprehensive Bu siness Goal #5 states "Recognize uniqu e characteristics and asso ciat ed opportu nit ies for enhancing the valu e of Engl ewood's commerc ial , indu strial and mixed-use districts." In support of this Compre he nsive Plan goal Sta ff has reco gnized thr ee Small Area Pl an Bus iness Goa ls . Th ey are : 1. Pr omo te the old Hampd en Corri dor as a fin e grained pedes t rian oriented commercial district. 2. Expa nd oppo rtunities for the rec ruitment and deve lopment of n eighb orho od serving bus inesses wi thin the Medical Cent er District. 3. Work closely wit h Swe dish and C1aig Hospita ls to ac co mm odate faci lity expan sion in a mann er that preser ves and enhances the q ualit y in life in surr ou ndin g neighborhoods. In supp ort of these busi nes s goa ls th e following it ems ha ve been inco rp orat ed int o the Medical Zoning Amendment s: 1. For land uses Staff has expanded the ar ea for retail de velop ment from th e orig inal Ol d Hampden MU -8-2 co rr idor to include th e ar ea south of th e medica l campus stretc hing to Hig hway 285 be twee n Loga n and Em erso n Pl11n mng :i.nd Zon in g r:o mm1mo n Public He:in ng Cise #200 8-03 lnd #ZO:,.i2 009·0 1 M;iy S, 2009 P:ige .i of 10 Street. At the same time , Staff has ,estricted the max imum size of retail per parce l to 10,000 square feet in the spiri t of th e small sca le retail that was en visioned in th e Small Area Plan Pol icy document. 2. H otel use has been added to the entire med ical district area in support o f the hospitals so that fami lies of patie nts would have a plac e to stay in the area . 3. New automobile uses ha ve bee n remo ved fr om the co rrid o r in th e sp ir it of the Sma ll Area Pl an Policy docu ment . Existing automobile uses can continue to ope rat e, but in the futu re no new auto mobi le uses wi ll be allowed to come into th e district. 4. Setbacks have bee n made mo re fl exib le, creating a larger building envelope and more flexibility for de ve lop ers. 5. Landscaping ha s tra ns itio ned away fr om a resid ential suburban sty le to a more urban style of standar ds sim il ar to the MU-R-1 and MU-B-2 D istricts w e ha ve toda y. 6. Ped es tri an oriented design s ha ve been in co rpora ted into the Amendments su ch as bringin g the buildi ng close to the street (zer o and no m ore than 10 feet away from th e prop erty li ne ); creating a mor e retail friendl y pedestrian Jlstrict and cre ating th e opportunity fo r sidewalk cafes; forcing th e parkin g to loca te prim ar il y to the rear and side of th e bui lding ; and also requiring a certain percentage of wind ows for fir st fl oo r retai l so th at peop le wa lkin g by can see the acti vity in side. jtaff re com mends to the Planning and Zoning Commis sio n the followi ng motions concerning CASE #2008-03: 1. That res iden ts, property owne rs , and bu siness owners ha vi n g pers onal interests wi thi n an d one block beyond the original D owntown and Medical Distri ct study area bo un da rie s we re in vited to participate as corn munity stakeholders in a review of the proposed Medica l Zone and Overl ay District concep ts. 2. That two stakeh o lder meetings were held on November 12 and I 3, 2008 in order to pr ese nt proposa ls for Medica l Zo ne and O ve rla y D is t rict co ncep ts ba se d on previous directions given by stakehold ers documented in th e goals and obj ecti ve s of th e En glewood Down tow n an d Medical Di str i ct Small Area Plan . 3. That the proposed amendmen ts related to the creat ion of the M -1 and M -2 Zone Dis tr icts and the M-O-1 and M-O-2 O verla y D is tric ts are consis tent wi th • • • • • • Pl an ning an d Zonin g Commus1 on Put' . H~:in ng C;il c: #200 8-Qj :ind l!Z O:-.:~009-01 May 5, 2009 Pog c 5 of 10 the goals and obj ecti ves of Roadmap Engl ew oo d : The 2003 E1._ .~wo od Comp rehensi e Plan . 4. That the proposed amen dments rel ated to the crea ti on of the M-1 and M-2 Zone Districts and the ,vl-O-1 and M-O-2 Overla y Distric ts should be adopte d as part of Titl e 16: Un ified 0eve lopment Cod e of the En glewood Municipal Code. CASE #Z ON2009-01 Mr. Vobori l p resen ted proof of notifi cation of the Publi c Hearing pub li she d in th e Englewood Herald on Ap ril 17, 2009. The Medica l Dis tri ct area was initiall y identified in Roadmap Englewood : The 20 03 Eng lewood Comprehensi ve Pl an as a potential area of chan ge fo r th e Ci ty of En glewood. In suppor t of that vision the Ci ty of Eng lewood Community Deve lopm ent Departm ent b egan a Small Area Pla nni ng process in th e fall of 20 06 with th e bl es sings of City Council. Five tho usand letters we re mail ed to all business owners, property owners and residents wi thin the two districtr. invi ting them to pa rticipa te in a series of stakeholde rs meetings. Thr ee hundred people reg ist ered to participate and app roxima tely 1 SO peop le atten ded the meetings . At the stakeholders meetings Staff gave a presen tation on ex isting issues and co nditions found in th e Medical Distri ct area. Staff then posed a series of ques tions to the stakeholders concerning the ar eas th ey felt were areas of stability and those tha t were areas of change. St aff took I ha\ feedbac k and develope d the vis io n, go als, and obj ec ti ves 1ha1 were then in co rporated into the Small A rea Plann in g Poli cy document which was then br o ught befo re the Pl annin g Commission in a Pu bli c Hearing . It was reco mm ende d for app rova l to City Council and City Coun ci l app roved the do cument by Resolution in th e spring of 20 07 . Soon after that Staff began to work on de ve lopin g a rezo ni n g bound;iry ar ea for th e medical distric t. Staff had originall y divided the area into six different sub-are as . Stakeholders were asked to focus on each sub-area, look at the exis ting conditions and the n comment on w hat ar eas they fe lt were appropriate for change and which areas they did not want to see significant change in. Staff then developed a se ri es of goals and objectives for each sub-a r ea. Staff th en use d th ose goals and objectives to create th e bounda ries for the rezoni ng area . Once thos e bounda ries were developed Staff held a series of Pl anning Commissio n stud y sessions whe,~ those boundaries were d iscussed and slight modifications were mad e. One~ th e bounJaries were finalized Staff hel d public sessions wi th both the hospitals and wit , the stakeho lders . Maps of the proposed bounda ries were displayed and Staff asked for comments. There were no se rious objecti ons to the boundaries. At this time, M r. Voboril stated he wou ld li ke to go over the relat ionship betwee n the Sub- area Goals and the Medical Zone Overlay Distri ct boundaries . Sub-areas of change included Medical Sub-areas 1, 4 and 6. He referred to a large displa y map ,et up for th e Pi::.r.mng a.nd Zonm g Commm1 on P ,;bit e He.iring C:ue 1#2008-03 am! 1:ZON2 009 -0t ~b~ S. 2009 P,g, 6of 10 Commiss io ner 's review . All of Sub-areas 1 and 4 have been incorporated int o the medi cal rezoning bo unda ry area . Th e major ity of Sub -are a 6 ha s also been included in th e rezoning boundary area as well. Sub-areas 3 and 5 wer e identi11 1cd as partial S•Jb-areas of change . Medical Sub-ar ea 3 Goal B states "Encourage limited chan ge to Swedish owned properties immediatel y adjacent to Girard Avenue". This area is designated in blue on th e map and as M-O-1 Ove rla y. These properties are owned b Swedi sh and Craig and th e int ent was to allow limited change in the se properties in support of the main hospital use, but at th e same time to limit th e encr oachment within the res t of th e Sub-area. The boundary was drawn to include only the first 100 to 1 SO feet of that Sub-area. Medical Sub-area 5 Goal B states "Promote Sub-area 5 as an area of ~hange along the Old Hampden A.ven ue corridor". Mr. Vobor il po inted out th e area on the display map. Th e stakeholders were very amenable to change occurring along the Old Hampden Corridor but wan ted to protect the majority of the residential area to the south. For the area they supported, Staff rezoned the current MU-B-2 zone as M-2 with the first property imm ed iat ely to th e south designated as M-O-2, as an ove rla y dist rict that wou ld serve as a trans ition zone. Maximum height in thi s overlay district would be 32 feet creating a n'ce transit ion between the business corridor and the residential are a. Staff recommends to the Plannin g Comrri,;ion the following r Jtions concerning CASE #ZON2009-01: 1. That residents, property owners , and business owners ha vi ng personal interests with in and one block be yond the original Downtown and Medical District stud y area boundaries were in vited to par ticipate as community stakeholders in a re view of the proposed Medi cal Zone and Overlay Di stric t boundar ies . 2. That two stakeholder meetings we'e held on November 12 and 13 , 2008 in orde r to present proposals for Medica l Zone District and Overla y boundaries based on prev io us dir ections gi ven by stakehold ers documented in the goals and object iv es of the Engle wo od Do wnto wn and Medical District Small Area Plan . 3. That the proposal to rezone an area of the City gen erall y bounded by So uthLogar, Street, East Gir ard Avenue, South Lafa yett e Street, and Little 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 Zone Dis tri cts , to establ ish areas in which supplemental M-O-1 and M-O - 2 Medical Overlay District regulations apply and it consistent with the goals and objectives of Roadmap Englewood: Th e 2003 Englewood Cnmprehensive Pl an . 4 . That th e prop osal to rezone an area of the City generall y bounded by South .Lo gan Str eet , Eas t Girard Avenue, South Lafa yette Street , and Littl e Dry • • • • · Pl :mnmg :md Zo nmg Commm1on Public He1mng: C:ue #2008-03 :md 1!'20~2009-01 M:t\·S. 2009 Plg:·e i of 10 Creek, from MU-8-1 , MU-8-2 , MU-R-3-8 , PUD , R-2-B an d R-1-C tr. M-1 an d M- 2 Zone Distri cts, to establish areas in wh ich supplemental M-0-1 and M-0-2 Medical Overla y Dis trict regul atio ns apol y and should be adop ted as an am e ndme nt to the Official Zoning Map of the City of Englew ood. Mr . Vo!)oril offe red to ans we r any qu es tions the Comm issio n ma y ha ve. Mr. Ro th said for the reco rd in Zone Dist rict #3, the Commiss ion had an obJec tive in the Small Area Plan whic h sa id "Disco ura ge fu rthe r hospi tal exp an sion beyo nd the cur rent hospita l ow ne d pr o per ties no rth of Gira rd Aven ue". As no ted at th e las t Planning and Zo ni ng me etin g th at ob ject iv e has not been met beca us e of co ntin uing to allow hosp ital use in the MU-R-3 -B zo ne di str ict. He said if I am reading the table s co rr ectl y, if so meo ne we re to accu mula te 24,000 square fee t of prope rty nort h of the M-0 -1 zone dis tric t the y coul d build to 60 fee t an d ha ve a hospi tal use. Mr. Vobo ril sa id at this time tha t is co rr ect. He stdt•!d the plan, at th is tim e, is that a Phase II process wou ld ne ed to be do ne in the fut ure af ter the se Med ic al Zon e Di stric ts ar e appr ov ed . Regul ation s for the MU -!O-B wo uld nee d to be rev isite d an d at that tim e Staff wo uld make the neces sa ry cha nges that wo uld pr otec t tho <e ar ea s fr om en croach ment from hosp ital campus uses . • Vic e Chair Kno th stated the Commi ss ion disc us sed hJv in!i separ at e co lum ns fo r M-0 -1 and MU-R-3-B. Is that going to be done? Ms . Kriege r stated it was decided to keep th em in the sam e co lum n. • Mr . Welk er sa:~ he was gl ad Mr. Ro th br ough t up the is sue of hosp ital use. He stat ed he is com fo rtab le ii wil l be revisi ted . Mr. Kin g ask ed Mr. Vo boril if there are an y deve lope rs who ar e curr en tly sitt ing in the wings wa iti ng for thi s cha nge to take place. Mr . Vobor il said there was someo ne looking at the no rt hwe st co rn er of Highw 3y 28 5 an d 5. Cla rk son Str ee t fo r a hotel type of use. Vice Chai r Knoth thanked Mr. V0bo ril for his prese nta tio n. Vice Chai r Kno th asked Ms . Pe rry -S mi th to come to the pod ium . PUBLIC TESTIMO NY (Both Cases ) ~ Ms . Debb ie Perry-Sm ith wa s swo rn in. She than ked the Pla nnin g a nd Zoning Comm iss ion fo r the op por tun ity to speak in fa vor of both ca ses tonight. She stat ed she and her husban d have bee n pro perty ow ners in En glewo od fo r almos t 20 ye ars . She said they co mpl et ed a pione er ing project las t yea r at 96 0 Eas t Hampd en Ave nu e an d rea ll y li kes the direc tion the Ci ty is going . Ol d Ha mpde n is a ga te way to Eng lewood thro ugh th e Med ical Distr ict. She 5ta ted she ha s been ve ry much invo lve d in this proces s and att ended the st ake holde r Planning :md Zoning Commission Public Hearing Cm #2008-03 nnd ~ZON2009-0I Ma y 5, 2009 P:ige 8 of 10 mee tings since day one. She said sh e wo uld lik e to see the City expand th e boundary whe re th e step dow n is allow ed. That Jrea definitel y lends itse lf to more pro jects like 960 East Ham pden Avenu e. She than ked the Com missi on fo r th eir time. f] We lk er moved: Kri ege r seco nd ed: THE PUBLIC HEAR ING O N CASE #2008-03 AN D CASE #Z O N2009-0 1 BE CLOSED AYE S: NAYS : Kno th , Roth , We lker , Kin g, Krieger, Cal onder , Fi sh No ne ABS TAIN: No ne ABSE NT: Br ick, Bleile Motion ca rr ied. ~ Krieger moved : Ki ng seconded : CASE #2008-03, AMENDMENTS TO TITLE 76: UNIFIED DEVELOPMENT CODE OF TH E ENGLEWOOD MUNI CIPAL CO DE RELATED TO ESTABLISHI NG NEW MED ICA L ZONE (M-1 AN D M-2) AND MEDICAL OVERLAY DISTRICTS (M-0-1 AND M-O-2), BE RECOMMEN DED FOR APPROVAL TO CITY COUNCIL WITH A FAVOR :\BLE RECOMMENDA TI ON FO R ADOP TI ON. Vice Chai r Kno th asked the Commi ss ion for com ment s. Mr. We lk er sa id this process has in vo lve d a lot of work fo r many years. He said he believes the Commissi on is doing th e right thin g. May be the fac t that th ere is not a lot of pub lic her e ton igh t means th at the outreach ha s been su,:cessfu l and the planning has been go od . He comme nded th e City Staff fo r th at. · Ms. Kriege r added that the Co mmissio n is probabl y moving in the rig ht dir ec tio n. She said it is par tic ularl y gratifying to see ho w faithfull y Mr. Vobo ril has worked wi th the issue and to mak e SL!re the Commissi on foll owed the Co mprehensi ve Pl an initiall y to get the Small Area Plan into this form . She sa id that's aweso me and th at's th e way it is suppose to wo rk . Mr. We lk er s,,ic he would li ke to add to Mr . Roth's co mm ent; we sti ll ha ve some issue s to wo rk on. One of them is establis hing some protec tio n be twee n the Overlay Dis trict s and th e residen tia l distri cts that th ey are a part of. Th e bi gge r co nce rn is pa rking regu lations, • • wh ich the Commission has not reso lve d eve n th oug h we have dis cL1s sed and stud ie d it at • sev eral stud y sessions. Furth er di sc uss ion is needed rega rdi ng parkin g and landsc ap in g. • • • P't :inmng 0.nd Zoni ng Commi m on Publi c Hcann g C"c •2008-0l ond ij2O:-,"200<J-01 May 5, 2009 Page 9of 10 Mr . Fis h said he has lived in th e area for 2 5 ye ars and walked th e streets ma,1y. ma ny times , mos tly for pleasure. He stated he is excited to see these zoning changes tak e '·,c e because he feels the area has sta gna ted in some areas . This wi ll provide th e oppor tunity for deve lopment along the right tracks. He feels it is in line with wha t the City wa nts to do and we need to stimulate development in that area . Mr. Welker stated it is a goal of his to create new life in that area and some viability. One of the reasons the Commission has not been abl e to deal with th e parking issue ye t is that we do not want to inhibit deve lopment there, but structure it in such a way that it can be successful and not destroy those th ings that need to be maintained in the surrounding area. AYES: NAYS : ABSTAIN: ABSENT : Knoth , Roth , Welker, King, Calender, Krieger, Fish None None Brick . Bleile Mr. Roth vot ed ye s, but wan ted to express that th e Commission needs to see the mi1sing issues soone r rather than later. Mo ti on carried . Fish mo ve d: Ro th seconded: CASE #ZON2009-0 I, AMENDMENTS TO THE OFFICIAL ZONING MAP TO REZONE AN AREA OF THE CITY GENERALLY BOUNDED BY SOUTH LOGAN STREET, EAST GIRARD 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 ZO NE DISTRICTS TO M-1 AND M-2 ZONE DISTRICTS AND TO ESTABUSH AREAS IN WHICH SUPPLEMENTA L M-0-1 AND M-0-2 MEDICAL OVERLAY DI STR ICT REGULATIONS APPLY, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. ic Chair Knoth asked if th e re was an y discussion. There was not. The Vice Chair called for a vo te. AYES : AYS : ABSTAIN : ABSE T: Knoth , Roth , Welker, Kin g, Calender, Krieger, Fish No ne None Bri ck, Bl ei le Mot io n carrie d . Plnnnma 11nd Zoning Com m1ss1on Pubh, Hc anng C:bc •lOO -0) J.nd it2 O~2 009·0 1 ~I,) l , 2009 P,1c !Oo( 10 ~Is . "riege r thanked Mr. obori l for all his hard work; he 's done an excell ent j ob and rea ll y "as responsl, · to the Commission 's concerns and the stakeholder's co ncern s. He really trl d to mal-e sure tha t Staff me t eve ryone's vary ing ideas of what should happ en as b es t he co uld. 1\s ·11 . W elker sa id, the Commission has worked long and hard on th is issue and a pr el at es things bei ng carri ed th ro ugh . She said in her time on th e Comm ission she ha s s • 11 numerous lans come forward, bu t we neve r get to the implementatio n strategi es. It is re,,11 wond rful to see tha t hap pe11in g. Sh e sa id kudos to Mr. Vobo ril and Director White for k ping the rrioritr s in pla ce. Mr. King seco nded that. IV. ~ PUBLI C FOR UM There was no thing furth er to repo rt. V. DIRECTOR 'S CHOICE l>Jl Di rec to r Whi te congratulated Mr. Vobor il and the Comm ission on a job well done. VI. STAFF'S CHOICE ~ Directo r Whi te noted the nex t meeting w ill be held on May 19, 2009 and th e Commission will co ntinu e the landscaping amend men ts dis cus sio n. VII . ATTORNEY'S CHOICE ~ M s. Reid ha d noth in g to report. VIII. COMM ISS IO NER 'S CHOICE ~ Th e Commission ers had no th ing furth er to report. Th e m ee ting ad jou rn ed at 7:j 1 p.m. • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSIO N IN THE M ATTER OF CA SE #2 008-03, FINDINGS OF FACT, CONCL USION S AND RECOMMENDATIO NS RELATING TO THE UNIFIED DEVELOPMENT CODE AMENDMENTS FOR ESTABLISHING NEW MEDICAL ZONE AND MEDICAL OVERLAY DISTRICT REGULATIONS INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD , CO 80110 FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING ANO ZONING COMMISSION Co mmis sio n Members Pres ent: Kri ege r, Ca londe r, Fish , King, Kno th, Ro th, Welker, Kin ton Co mmissio n Members Ab se nt: Bri ck, Blei le This matter was heard before the City Pl an nin g and Zoning Comm iss io n o n May 5, 20 09 in th e City Counci l Chambers of the Eng lewood Civ ic Ce nter. Tes timony w as rece ive d from staff and the pub lic . Th e Commiss io n received no ti ce of Pub li c H ea ring, the Staff Repo rt , and a cop y of the propo sej ~-nP11d ments to Title 16 Unified Deve lopment Code w hi ch we re in co rporated into and made a pact of 1he reco rd of the Pub lic H ea rin g. Aft er cons ide ri ng th e statements of the w itn esses, and re viewin g th e per tinen t docume nt s, the members of th e City Pl an nin g and Zoning Commission made the following Findings and Conclusio ns. FINDINGS OF FACT 1. THAT the Publi c Hea ri ng on th e Unifi ed Deve lop men t Code Am endments for es tab lis hing new Medica l Zo ne and M ed ica l O ve rl ay D is trict Regu lati ons was brought before th e Planning Commissi o n by the Department of Comm un ity D eve lopment, a department of th e City of Engl ewood . 2. THAT notice of the Publi c H ea ring was published in the Englewood Herald o n Apri l 1 7, 2009. 3. THAT reside nt s, property owners, and bu siness owners hav ing pe rso na l interes ts w ithin and one block be yond the origina l Down town an d Medica l Distri ct study area boundaries were invited to participate as co mmunity stakeho ld ers in a review of th e pro posed Medical Zo ne and Overl ay D is tri ct co nce pts. 4. THAT two sta keho lder mee ti ngs were held on November 12 and 13, 2008 in o rd er to pres ent proposals fo r Medical Zone and O ve rlay d istri ct concep ts based on previous directions gi ven by stak eholders doc um ented in th e goa ls and objec ti ves of th e Engl ewood Do w ntown and M ed ica l Di strict Sm all A rea Plan . S. THAT th e proposed amendments re lated to the creation of th e M-1 and M -2 Zone D istr icts and the M-O-1 and M-O-2 O ve rl ay Districts are consistent w ith th e goa ls and objecti ves of Roadmap Eng lewood: The 2003 En glewood Comprehensi ve Plan . 6. THAT the proposed Amend ment s related to th e crea ti on of the M -1 an d M -2 Zone Districts and th e M-O-1 and M -O-2 Ove rl ay Di stri cts sho uld be adopted as part o f Title 16: Unifi ed D evelopme nt Code of th e Engle w ood Muni cipa l Code . CONCLUSIONS 1. THAT th e Pub lic Heari ng on th e Unified D eve lop m en t Code H ousekeeping Amendments was brought before th e ·Plan ning Com missi on by th e Departm ent of Community De ve lopmen t, a departm en t of the City of Engl ewood. 2. THAT notice of th e Publi c H ea rin g w as publ ished in the En glewood Herald on Ap ril 17, 2009. 3. THAT all testi mony received from staff membe rs and the pub li c has bee n m ade part of th e record of the Publi c H ea rin g 4. THAT resid ents, property o w ners, and busin ess owne rs ha vin g persona l in •eres ts w ith in and o ne block beyo nd th e ori gin al D owntown and Medica l Distri ct s•ud y area boun da ri es parti cipa ted as communi ty stake ho lders in a rev iew o ( tlie proposed Medical Zone and Overlay Di st ri ct concepts . • • • • • • 5. THAT two stakeho lder mee tings we re held on Novemb er 12 and 13, 2008 in o rd er to pres ent proposals fo r Medical Zone and Overlay dis tri ct co nce pts ba sed on p rev ious di rec ti ons given by stak eho lders doc um en ted in the goa ls and objective s of the En glewood Downtown and Medica l D is tr ict Sma ll Area Pl an. 6. TH AT the proposed amendments rela ted to th e crea tion of th e M-1 and M-2 Zone Di stricts and th e M-O-1 and M-O-2 O ve rl ay Districts are cons iste nt wi th th e goals and objec ti ves of Roadmap Eng lewood: Th e 2003 Englewood Comprehensive Plan . 7. THAT the proposed Amendmen ts re lated to the creatio n of the M-1 and M-2 Zone Di stric ts and the M-0-1 and M-O-2 Overlay Di stri cts sh ould be adopted as part of Titl e 16: Unified Development Code of th e Englewood Municipal Code . DECISION THEREFORE , it is the decisio n of the City Pl anning and Zo nin g Commission th at Case #2008 -03 U nifi ed D eve lop ment Code Amendm ents for es tab li shin g new Medical Zone and Medica l Overlay Distri ct Regulations sho uld be refe rr erl to th e City Co un cil w ith a favorab le reco mm enda ti on . The decis io n was reached upon a vo te on a motion made at th e m ee tin g of th e City Plann ing and Zonin g Com mis sion on May 5, 2009, by Ms. Kri ege r, seconded by M r. Ki ng, w hich m oti o n sta tes: AY ES: l'<A YS: ABSTAI/·, ABSENT . CASE #2008-03 AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPA L CODE RELATED TO ESTABLISH/NC NEW MEDICAL ZONE (M-1 AND M-2) A D MEDICAL OVERLAY DISTR ICTS (M-0-1 ANO M-0-2 ), BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORAB LE RECOMMENOA TIO N FOR ADOPTION. Fish, Knoth , Ro th , Welker, King, Ca lende r, Krieger 1~ne None Br ick, Bl eil e Motion ca rr ied . Th ese Fin dings and Conclusions are effecti ve as of the mee ting on May j , 2009. BY ORDER OF THE CITY PLANNING & ZONING CO MMISSION • • •