HomeMy WebLinkAbout1978 Ordinance No. 005•
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INTRODUCED AS A BILL BY COUNCILMAN SMITH.
BY AUTHORITY
ORDINANCE NO. 5 , SERIES OF 1978.
AN ORDINANCE REPEALING AND RE-ENACTING SECTION 22.5-21,
ENTITLED, "CONDITIONAL USE", AND AMENDING SECTION 22.8,
ENTITLED "DEFINITIONS", OF THE CITY COMPREHENSIVE ZONING
ORDINANCE (ORD. 126, SERIES 1963, AS AMENDED) BY AUTHORIZING
THE CITY PLANNING AND ZONING COMMISSION TO APPROVE CONDITIONAL
USES AND ESTABLISHING PROCEDURES AND REQUIREMENTS THEREFOR.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That Section 22.5-21 of the City Comprehensive Zoning
Ordinance (Ord. 126, Series 1963, as amended) is, hereby repealed
and re-enacted to read as follows:
S22.5-21 Conditional Use
a. Legislative Purpose and Intent.
It is recognized that there are some uses
which, subject to certain conditions and
safeguards,_ can conform to the general
character of the neighborhood to which
the proposed use will apply. A Conditional
Use permits the inclusion of uses into
the zoning pattern which are considered
to be ess.entially desirable to the com-
munity as a whole or to a specific area,
but where the nature of the use or con-
ditions which it may create, such as
traffic congestion, density, noise, etc.,
influence against its location in a
specific zone district without restric-
tions or conditions tailored to fit the
special problems which the use may present.
The authority is granted to the City
Planning and Zoning Commission to approve
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b.
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Conditional Uses in specific cases after
public notice and hearing. The granting
of such use shall be subject to appropri-
ate conditions and safeguards as set forth
in this section if it is determined that
the authorization of the use will be in
harmony with the general purpose and intent
of this Ordinance.
Application Procedure.
(1) An applicant must demonstrate to the
City Planning and Zoning Commission
that the Conditional Use application
meets all of the requirements of the
'69 Englewood Municipal Code, as
amended, and prior to final approval
of the Conditional Use, all require-
ments of the '69 E.M.C. must be met.
(2) The applicant must be an owner or
lessee or demonstrate a substantial,
continuing interest in the property
designated for the Conditi~nal Use •
Information To Be Submitted.
(1) Written Statement. A written state-
ment must be submitted with the
Conditional Use application and shall
contain the following minimum information:
(a) A statement of the present owner-
ship and a legal description of
the land. If the applicant is not
the owner of the land, the re-
lationship of the applicant to the
request must be stated.
(b) An explanation of the objectives
to be achieved by the proposed use,
including a description of the
number and type of major users of
the facility.
(c) If either new construction or
remodeling is involved, a develop-
ment schedule indicating the
approximate date when the con-
struction or remodeling can be
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d.
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(d)
(e)
(f)
Site Plan.
expected to begin, the stages of
construction, and the time of
completion shall be given.
Copies of any special agreements,
conveyances, restrictions, or
covenants which will govern the
use, maintenance and protection
of the development and public areas.
Other information or exhibits the
applicant deems pertinent to the
evaluation of the proposed Conditional
Use.
A boundary survey.
The applicant must submit a preliminary plan
showing the major details of the site on which
the proposed Conditional Use is to be located.
This site plan is to be put on a scale of not
le$S than l" = 20' and in sufficient detail
to evaluate the land planning, building design,
and other features of the proposed development.
The preliminary plans must contain, insofar
as is applicable, the following minimum in-
formation.
(1) The location of the property with names
of adjoining streets and other public
ways.
(2) The existing zoning of the land.
(3) The proposed land uses.
(4) The existing topographic character of
the land.
(5) The location of all existing and pro-
posed buildings, structures and improve-
ments, including typical elevations and
showing the maximum height.
(6) The major points of access to public
rights-of-way, the internal traffic
and circulation systems, off-street
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loading areas.
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(7) The location, height and size of
proposed signs, fences, lighting
and advertising devices, including
typical elevations •.
(8) Areas within the 100-year flood plain.
(9) A general landscape plan with major
types of materials designated as to
purpose.
e. Requirements and Findings of Fact.
Before approving a Conditional Use, the City
Planning and Zoning Commission shall make
written findings that the Conditional Use
will implement the purposes of this Ordinance
and will, in addition, meet the following
requirements.
(1) Uses Permitted. The use must be permitted
as a Conditional Use in the Zone District
in which it is proposed to be located.
(2)
(3)
(4)
(5)
The Conditional Use must be consistent
with the intent of the Comprehensive
Plan and the policies therein.
The relationship of the Conditional Use
to its surrounding area shall be considered
in order to minimize adverse effects to
both the existing and future develop-
ment indicated by the Comprehensive
Zoning Ordinance, by traffic circulation,
building height of bulk, lack of screening,
or intrusions of .privacy, noise, light,
impact on housing, schools, public
utilities, governmental services.
The number of off-street parking spaces
shall not be less than the requirements
of Chapter 22.5-5 of this Ordinance.
The Conditional Use shall meet all
other applicable ordinance provisions
of the '69 E.M.C •
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(6) Other factors which in the opinion of
the Commission will protect and promote
the health, safety and welfare of the
citizens.
f. Application Processing.
· (1) Upon receipt of the application, the
Department of Community Development
shall be responsible for coordinating
the review of the application by the
various City departments and appropriate
public agencies, culminating in the
submission of an advisory report and
recommendation to the City Planning and
Zoning Commission. A copy of advisory
report and recommendations shall be
furnished to the applicant.
(2) The Commission, after proper public
notice, shall hold a public hearing on
the application.
(3) The City Planning and Zoning Commission
shall make written findings either
approving, conditionally approving, or
disapproving the Conditional Use.
(a) The City Planning and Zoning
Commission shall be the approving
agency for any Conditional Use.
(b) A copy of the decision or recom-
mendation of the Planning Commission
shall be provided to the applicant.
(c) All approved plans for the Conditional
Use, including all modifications or
conditions thereto, shall be endorsed
by the Chairman of the City Planning
and Zoning Commission and shall be
recorded in the off ice of the Arapahoe
County Clerk and Recorder.
(d) Any person or persons jointly or
severally aggrieved by the decision
of the City Planning and Zoning
Commission may appeal the decision
by the appropriate legal action to
a Court of Record having jurisdic-
tion thereof .
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(e) Any person applying to a Court of
Record for a review of any decision
made under the terms of this section
shall apply for a review within 'thirty
days (30) after the date of decision
and ~hall be required to pay the cost
of preparinq a transcript of proceedinqs
and the application for review shall
be in the nature of certiorari under
Rule 106 (a) (4) of the Colorado Rules
of Civil Procedure.
Section 2.
That Section 22.8 of the City Comprehensive Zoning
Ordinance, (Ord. 126, Series 1963, as amended) is hereby amended
by addinq a new definition for "Conditional Use" to read as
follows:
Conditional Use. A use which may be permitted in a
zone district through the grantinq of a special
exception by the City Planning and Zoning Commission
·upon a finding that it meets specified conditions.
Introduced, read in full and passed on First Reading
on the 16th day of January, 1978 .
Published as a Bill for an Ordinance on the 18th day
of January, 1978.
Read by title and passed on final readinq on the 27th
day of February , 1978.
Published by title as Ordinance No. 5 , Series
of 1978, on the lat day of March , 1978.
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MAYOR
ATTEST:
~# ~ ex Oficiid ~ ~Clerk-Treasurer
I, William O. James, do hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance,
passed on final reading and published by title, as Ordinance
No. 5 , Series of 1978. ----
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