HomeMy WebLinkAbout1961 Ordinance No. 009Introduced as a Bill by Councilman Martin
BY AUTHORITY
ORDINANCE NO. 9, SERIES OF 1961
AN ORDINANCE AMENDING ORDINANCE NO. ~5, SERIES OF 1955, AS AMENDED, OF
THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "ZONING
ORDINANCE OF THE CITY OF ENGLEWOOD," BY ESTABLISHING THEREIN, UNDER ARTICLE
IV THEREOF, A THIRD AND NEW ZONE DISTRICT, KNOWN AS C-3 (BUSINESS DISTRICT),
DESIGNED FOR THE DESCRIPTION AND THE CONTROL OF CONSTRUCTION AND OPERATION
OF COMMERCIAL COMPLEXES GENERALLY KNOWN AS SHOPPING CENTERS.
WHEREAS, pursuant to ordinance, the City Planning and Zoning Commission
of the City of Englewood, Col orado, has duly held public hearing on certain
proposed amendments to Ordinance No. 45, Series of 1955, as amended, of the
ordinances of the City of Englewood, Colorado, knewn as the "Z~ning Ordinance
of the City of Englewood," and has made recommendation of the a doption of an
ordina.nce embodying said amendments; and,
WHEREAS, public notice has been given of such proposed changes in the
oning Ordinance by one publication i n the Englewood Herald and Enterprise,
a newspaper of general circulation within the City and the official news-
paper of the City, at least fifteen (15) days before the public hearing on
such changes in the Zo n i ng Ordinance, as required by ordinance; and,
WHEREAS, public hearing was held pursuant to the aforesaid notice by
the City Council of the City of Englewood in the Council Chambers of the
City Hall, 3345 South Bannock Street,Englewood, Colorado, on the 20th day of
March, A.D. 1961, at the hour of 8:00 P.M., at which hearing 84 persons
appeared to protest or oppose the proposed changes in the Zoning Ordinance;
and,
WHEREAS, the public necessity, convenience, general welfare and good
zoning practices justify the proposed amendments to the Zoning Ordinance
as hereinafter set forth:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Ordinance No. 45, Series of 1955, as amended, of the
ordinances of the City of Englewood, Colorado, known as the "Zoning
Ordinance of the City of Englewood," is hereby amended by adding thereto,
under Article IV there of, a third and new zone district, known as C-3
(Business District), designed for the description and the control of con-
struction and operation of commercial complexes generally known as shop-
ping centers, which shall read as follows:
Section 11 A -The following regulations shall apply in the C-3
Business District:
I. DESCRIPTION OF THE C-3 BUSINESS DISTRICT.
This district provides the following types of commercial establish-
ments:
A. NEIGHBORHOOD SHOPPING CENTER.
Neighborhood Shopping Center lll8ans a shopping center for
"convenie nce goods," the principal establishment of which is
~sually a super-market type food store and/or a super drug
store. Limited personal and professional services may be
provided. It may range from 3 to 20 acres in size.
B. COMMUNITY SHOPPI NG CENTER.
Community Shopping Center p rovides, in addition to "conv erience,
goods~l! a vi4er · range of facilities for sale of "durable and
fashion goods," such as apparel, furniture and appliances. In
addition, there may be personal and professional services. It
is general ly oriailtad around a j~ior department store o~
variety •tore on a site 20 to 50 acres in size.
C. REGIONAI· SHOPPI NG CE NTER.
Regional Sh opp i ng Center provides a variety and depth of
"convenience, durable and fashion goods," comparable to a
central busiAesa district, imcludd.ag general merc~andise,
apparel and home furnishings. Extensive personal and profes-
sional services and generally provided. It may contain 50
or more stores oriented around one or more major department
stores on a site of 50 or more acres.
Whenever the words Center or Shopping Center are used he:rein, they shall
be understood to have the same meaning.
Whenever the word District is used herein, it shall be understood to
mean a C-3 Business Distri ct.
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Neighborhood, community and regional centers are usually located on major streets
or highways, at or near the intersection with one or more other major streets or
highways so that they are accessible from all directions. Such centers are
generally surrounded by residential areas and are located at convenient driving
distances from the edges of the surrounding residential districts which they are
designed to serve. They are customarily designed and constructed as a complex of
connected or related commercial buildings, planned and developed as a unit.
II. STATElttENT OF POLICY.
The regulations in this Section 11 A are intended to permit development of the
enumerated functions, limited by standards designed to protect the abutting or
surrounding residential districts. To these ends, the regulations establish stand-
ards comparable to those for low density residential districts, resulting in
similar building bulk and retaining as low a concentration of vehicular traffic as
is compatible with the function of the d1atr1ct. It is important that the areas
selected for this district actually be developed as permitted; otherwise, the
surrounding residential areas will lack thr. retail services needed for stable
communities. The privilege of providing these services is matched by the re-
sponsibility and duty to so provide. Consequently, the right to develo~ this dis-
trict may be lost if actual construction does not begin within three (3) years,
provided that delays beyond the control of the developer, such as by way of
illustration but not limitation, action at law, strikes, civil commotion, national
emergency, fire, flood, windstorm, war, acts of God, acts of Government, shall not
be included within the three (3) year time period, it being the policy of the
Council to review the district classification of any C-3 area so designated by
Council but not actually so utilized.
III. REQUIREMENTS AT THE TIME OF APPLICATION.
With an application requesting zoning or rezoning, the following information will
be required:.
A. MARKET ANALYSIS:
Regional and Community shopping center developers -a market analysis
acceptable to the City Council which is conducted and signed by a
recognized, independent market analyst.
Neighborhood center developer -an acceptable analysis which can be
prepared by the applicant.
B. FINANCIAL REPORT;
A statement of financial responsibility including the posting of ade-
quate bonds to assure the installation of improvements required by the
City as a condition to development in the C-3 District.
C. TRAFFIC STUDY:
Regional and Community shopping center developers -a study indi-
cating the present traffic capacity and volume for streets in the
immediate vicinity of the proposed C-3 District, the estimated in-
crease in traffic due to the existence of proposed Shopping
Centers, ingress and egress patterns and an estimate of probable
street and signalization improvements needed.
Neighborhood center developer -an acceptable study which can be pre-
pared by the applicant.
IV. PERMiri-rED USES.
A. USES 1 '"BY rr RIGH'!I
Any use permitted in the C-1 Business District except the following:
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Ambulance service
Animal Hospitals
Auto Sales or repair (but not prohibiting installation of
accessories.)
Crating Service
Electric Contractor Shop
Plumbing Shop
Printing, publishing and allied industries
Sign painting shops
Feed,andSSeed stores
Garage for commercial and public utility vehicles
Gas regulator stations
Hospitals and convalescent homes
Hotels
Motels
Mobile Home Courts
Permanent exclusive facility for a private social club, or fraternal
organization
Mobile Home Sales
Telephone Exchange
Electric Substations
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B. ACCESSORY USE.
Any use which complies with the following conditions, and is incidental to a
use by right.
{l) Does not include structures or structural features inconsistent with
the use by right and which do not utilize a gross floor area in ex-
cess of l°' of that of the use by right.
{2) Advertising signs, traffic control devices and landsc-~ing facilities
in accordance with limitations and requirements provided elsewhere in
this section.
V. LIMITATIONS ON EXTERNAL EFFECTS OF USES.
Every use shall be made to comply with the following limitations:
A. ENCLOSURE:
Every use shall be operated entirely within an enclosed structure,
except for those which are seasonal in nature, such as patio-type
shops and sidewalk cares.
B. SOUND:
Every use shall be so operated that the volume of sound generated
does not exceed seventy decibels at any point along any boundary
line of the shopping center on which the use is located.
C. VIBRATION:
Every use shall be so operated that ground vibration generated is
not perceptible, without instruments, at any point along any boundary
line of the shopping center on which the use is located.
D. EJl!ISSION OF HEAT, GLARE, RADIATION AND FUMES:
Every use shall be so operated that it does not emit an obnoxious
or dangerous degree of heat, glare, radiation and fumes beyond
any boundary line of the shopping center on which the use is
located.
E. OUTDOOR STORAGE AND WASTE DISPOSAL:
No highly flanunable or explosive liquids, solids or gasses shall be
stored in bulk above ground. Tanks or drums of fuel directly
connected with heating devices or appliances are excluded from this
provision. All outdoor storage facilities for fuel, raw materials
and products shall be enclosed by a fence or wall adequate to con-
ceal such facilities from adjacent property.
No materials or wastes shall be deposited upon the Shopping Center
in such form or manner that they may be transferred off the
premises by natural causes.
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All materials or wastes shall be stored outdoors in fireproof,
rodent-proof and waterproof, closed containers.
VI. LIMITATIONS ON STRUCTURES.
Every structure within a C-3 District shall comply with the following
limitations:
A. MAXIMUM HEIGHT:
In all shopping centers having a total land area of more than r 20
acres the maximum allowable height for buildings shall be 45 feet.
In all shopping centers having a total land area of less than 20
acres the maximum allowable height for buildings shall be 35 feet.
The above heights are to be measured from the average curb level
at the street lines, or from the average natural grade level if
no street grades have been established.
In measuring the height of a building the following shall be
excluded: chimneys; cooling towers; ornamental cupolas, domes or
spires; elevator bulk heads; machinery and equipment penthouses;
water towers; but the total area devoted to the above excluded items
shall not exceed l~ of the ground area of the structure upon which
they are located; radio or TV antennae and parapet walls not ex-
ceeding five {5) feet in height shall also be excluded.
B. BUILDING SET-BACKS:
In Shopping Centers having a total land area of more than 20 acres,
the minimum building set-back shall be 100 feet.
In Shopping Centers having a total land area of less than 20 acres,
the minimum building set-back shall be 50 feet.
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C. BULK OF BUILDINGS:
The ground coverage of all buildings, measured between exterior wall faces
at grade level, shall not exceed 3~ of the total square foot area of the
Shopping Center on which they are located.
D. SIGNS:
(1) When attached to buildings, only flat wall signs or
face of a marquee wall will be permitted. All such
relate only to business conducted on the premises.
shall extend above or beyond the building walls nor
than one (1) foot from the front of the structure.
signs on the
signs must
No signs
P!OJect more
(2) In addition to the above signs, each shopping center shall be
permitted one (1) free-standing sign not over twenty-five (25)
feet in height.
(3) No advertising sign shall utilize any exposed artificial light
globe or tubing or contain or utilize moving mechanical
characteristics, or lighting features which flash, move, occult
or vary in intensity.
VII. CONDITIONS TO BE MET.
A. STATE>tENT OF POLICY:
After the zoning or rezoning amendment has been approved and at any
time prior to applying for an initial building permit, the owner or
the developer shall submit a Site Plan. The SITE PLAN shall be re-
viewed and approved by the Planning Commission for conformance to the
provisions of this section and the approved Site Plan shall control
actual construction by serving as a basis for all building permits.
Any disapproval by the Planning Commission shall specify the matters
and things in which correction of the Site Plan must be made to
supply suc h compliance.
Approval or disapproval of original or corrected Site Plan shall be
within 60 days after submission.
B. SPECIFIC SITE PLAN REQUIREMENTS:
The Site Plan shall be submitted in detailed form but it need not be
exact and final in all details. It must showing the following proposed
features with appropriate dimensions:
(1) Location and arrangement of automobile parking space, width of
aisles, width of bays and angle of parking.
(2) Location and arrangement of truck loading and unloading spaces
and docks.
(3) Location of vehicular entrances, exits and drives and curb
cuts.
(4) Location of pedestrian entrances, exits, walks, malls and open
areas for use by tenants or customers.
(5) General sanitary and storm drainage systems.
(6) Location and materials of walls and fences.
(7) Gn:>und cover, topography, slopes, banks and ditches.
(8) The location, size, height, and orientation of all signs other than
signs flat on building facades.
(9) The location and general exterior dimensions of main and accessory
buildings.
(10) Proposed finished grade of the district.
(11) Location of all outside facilities for waste disposal.
(12) Types of surfacing to be used at various locations in open areas.
(13) Land area within the district and Shopping Center; land area of all
abutting property; public and private rights-of-way and easements bounding
and/or intersecting the district; and location of fire hydrants.
C. GENERAL SITE PLAN REQUIREMENTS:
Actual construction in accordance with the Site Plan approved by the
Commission must begin with three (3) years from the date of the permit
establishing such site except as extended by the provisions of subsection
II above and be completed within three (3) years of the date construction
is commenced except as to delays caused by events beyond the control of
the developer, as defined in Subsection II above. No initial building
permit shall be issued for the erection of any building in any Shopping
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Ce nte r unless such building permit covers · the construction of a building
or buildings described in such permit, the gross floor areas of which
e qu a ls or exc eeds l~ of the gross land area of the center. Such permit
sha ll a lso i nc l ude the complete drainage system and fencing and land-
scap ing requi red therein.
In the event tha t any of the above provisions are not met and unless the
ti.me limit has b een extended, the Planning Commission may recommend to
Council a mo re appropriate zoning classification.
The Commission shall have the power to make and adopt such rules and
regulations as are necessary and proper to effectuate the purposes of
this section a nd to recommend such fees as are required to cover the
cost of adve r ti sing, inspection and review of such project, not inconsis-
tent with the requirements of this ordinance as to uhia use district in
the surrounding areas.
D. MINOR SITE AN D/OR BUILDING CHANGES:
The a pproved Si te Plan shall ~imit and control the issuance of all building
pe rmits and s hal l restrict the construction, locations, use and operation
of a ll l a nd and structures to all conditions set forth in the plans; pro-
vided, h ow ever, that upon application to the Building Inspector, minor
changes in the l o c ation of struc tures, and other details, may be permitted.
No cha nge shall be authorized which conflicts with the originally approved
Site Plan or the provisions of this section.
E. MAJOR SITE AND/OR BUILDING PLAN CHANGES:
Major Stte and/or building plan changes and additions shall be subject
to the same p rocedure or review and approval by the Planning Commission
as the origina l Site Plan.
F. CERTIFICATES OF USE AND OCCUPANCY:
All improvemen ts erected, constructed, or altered in any C-3 District
shall be fully subject to the requirements of this ordinance and other
ordinances of t he City of Englewood relative to certificates of use and
occupa ncy.
G. STORM DRAINAGE SYSTEM:
Ad e qua te provi sion shall be ma.de for drainage from the premises to carry
all water from above and natura lly passing across the premises, together
with the water f rom the premises (taking into consideration the
acc e leration o f f l ow caused by virtue of proposed improvements thereon
a nd any othe r i mpervious areas, such as blacktopping or paving} which
sha ll carry such drainage beyond the premises in a manner calculated not
to c a use any damage to properties at a lower level from such drainage,
based on the c a l culated peak f l ow of the drainage area on a 10-year
ave rage rainfa ll basis; the standards and specifications for which shall
be approved by t he City Engineer prior to the issuance of the initial
buil d ing permit for any such area or district. The initial building
pe rmit shall requ i re full comple t ion of the construction of the drainage
syste m and appro val threof by the City Engineer prior to the initiation
of any constructi on tending to increase, on the district area, the im-
perviousness of the land and the acceleration of the flow of water there-
from--such as bui ld ings, paving, etc. exeept that general site preparation,
including:
a . Installation of underground utilities;
b . Emplacement o f construction barricades, sheds, and other customary
t em porary con struct ion fa c i l ities;
c. Grading, leveling , e x c ava ti on and the construction of retaining
walls;
may proceed on t he premises pri or to the full construction of the drainage
system and fina l approval thereof; providing further that such general
site preparation shall not divert or accelerate the natural flow of water
across the prem i ses and its return into the natural drainage channel from
said premises. Such drainage s~stem shall be constructed {l) by the
applicant at his expense, or (2 ) by the City of Englewood at the expense
of the applicant u pon mutual agreement. In the event the construction
is performed by th e City of Eng l ewood, the owners or developers will
deposit with the Trea s ure r o f t h e City of Englewood prior to the beginning
of said work a sum equa l t o t he estimated construction cost.
H. DIVIDED DISTRICT :
In order to pre ve nt t he zoning of several corners of an intersection for
shopping center use the fo ll ow i ng provisions shall apply:
For the purpose of cal cul ating the minimum area, building set-backs and
screening strips es t ablished by this section, a single C-3 District cannot
lay on two side s of a public street. Any area designated as being a C-3
District and l a ying on b oth sides of a public street shall be deemed to
be more than one C-3 Distri c t. Al l minimum requirements shall be met by
buildings on e a ch side o f said pub l ic street as separate districts.
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VIII. LIMITATIONS ON OPEN SPACES.
All areas of the Shopping Center not covered or occuPed by permitted enclosures
may only be used for vehicular parking, maneuvering, pedestrian walkways,
seating facilities, landscaping, including ornamental pools and fountains,
directional signs, control devices and the shopping center free-standing sign.
No open area in any C-3 District, regardless of size, shall be used and occupted
by the property owner or anyone claiming under said property owner (except
during construction under an appropriate building permit) unless and until a
certificate of occupancy for the use of an open area or areas has been obte!ned
from the Building Inspector to indicate that compliance with the standards and
requirements of this Section has been accomplished.
A. PARKING AREAS:
In any shopping center, regardless of size, lots for the parking of
the private, non-commercial motor vehicles of customers or employees
and use by commercial delivery vehicles shall be subject to the
following provisions:
(1) The lot shall be smoothly graded, adequately drained, and
hard surfaced with asphalt or concrete paving. Such pavement
shall be kept in good repair and shall be kept free from the
accumulation of refuse, debris, or litter.
(2) The lot shall be marked so as to designate the parking of
vehicles thereon. All parking spaces provided shall be not
less than two hundred square feet, exclusive of driveways.
(3) The lot shall not be used for the sale, display, or demon-
stration of merchandise or service of any kind, or for the
dead storage of motor vehicles either by elevating such motor
vehicles above ground or by placing a "for sale" sign on such
motor vehicl es.
(4) No advertising sign is to be located on the lot, other than
signs stating that it is a parking lot of the center and giving
parking or traffic instructions in letters no more than six
inches high.
(5) By means of a barrier or barriers, all parking shall be kept
back of the screening strips in the Shopping Center in which
the parking lot is established.
(6) The entrances to and exits from and onto the streets of the
City shall be designed and constructed to achieve maximum
traffic safety. They shall be planned to achieve minimum
interference with on-street traffic, particularly calcuated
by the restriction and control system of the Site Plan to
direct, to the most practicable extent, flow of vehicular
traffic to and from the nearest major streets, rather than
to or from near-by residential streets.
(7) The lot shall not be used after one-half hour after sunset
unless the lot shall be properly and adequately lighted. The
standards to which the lights are affixed shall not exceed 10
feet in height, and the direct rays of any lighting shall be
confined within the boundary lines of the center.
B. TRUCK LOADING AND MANEUVERING FACILITIES:
All truck loading and unloading facilities shall be designed so as to
avoid, to the greatest extent possible, conflict with private automobile
parking and maneuvering. All on-site truck loading, unloading, and
maneuvering facilities shall be adequately designed so as to direct
and require truck movement to be to and from the nearest major street.
C. SCREENING STRIPS:
All shopping centers shall be surrou~d with a screening strip. The
purpose of such screening is to protect abutting residential property
by enhancing the appearance of the periphery of centers, and to prevent
litter from blowing into streets and nearby areas. Screening shall
consist of landscaping and structures such as fences and walls,
(subject to variation in types of planting or arrangement thereof, when
approved by the Planning Commission in the Site Plan).
The following standards shall control:
I. A. THIRTY .(30) FOOT PLANTIBG STRIP:
There shall be planted at least four (4) rows of
evergreens no more than one (1) row of which shall
be a shrub type. In each of the required four (4)
rows 1,the spacing of trees and shrubs shall not be
more than fifteen (15) feet apart, measured from
trunks. The trees shall be planted in a staggered
fashion and shall be not less than four (4) feet
in height at time of planting.
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B. TWENTY (20) FOOT PLANTING STRIP:
There shall be planted in the same fashion as outlined
in paragraph t ... (a) above, three (3) rows of evergreen
trees .of the minimum height therein specified.
C. TEN (10) FOOT PLANTING STRIP:
There shall be two (2) rows of evergreen trees or shrubs
planted no more than fifteen (15) feet apart and in
staggered fashion.
2. In Shopping Centers having a total land area of more than twenty
(20) acres, any exterior boundary line which abuts residential
property or is separated from same by a residential street
shall be landscaped with a thirty (30) foot planting strip plus
a chain-link or closed-face fence at least four (4) feet high set
back thirty (30) feet from the exterior boundary line of the
center.
3. The one exception to all above requirements shall be when there
is erovided a closed-face fenoe or masonry wall at least ten
(10) feet high and set back twenty (20) feet from the property
line. In this case, the area between the fence or wall and
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the property line must be landscaped with a twenty (20) foot
planting strip. At exterior boundaries not included in the
above instanc e there shall be a landscape screening of a ten
(10) foot planting strip plus a chain-link or closed-face fence
not less than four (4) feet in height, and set back ten (10)
feet from the exterior boundary line of the shopping center.
In Shoppin~ Centers having a total land area of less then
twenty (20) acres, any ex•erior boundary line which abuts
residential property or is separated from same by a residential
street shall be provided with a landscaped twenty (20) foot
planing strip plus a chain-link or closed-face fence at least
four (4) feet high set back twenty (20) feet from the exterior
boundary line of the center. At exterior boundaries not in-
cluded in the above instance, there shall be a landscaped ten
(10) foot planting strip plus a chain-link or closed-face
fence not less than four (4) feet in height and set back ten
(10) feet from the exterior boundary line of the Shopping
Center.
o fence, wa ll, or other structure is required or shall be
erected, and no hedge, shrub, tree, or other growth shall be
maintained in such location upon any lot or property in a
manner constituting a pedestrian or vehicular traffic hazard
because of obstruction to view or traffic movement.
6. All plantings and structures referred to in this section shall
at all times be maintained in good repair and sightly condition.
7. All exists from Shopping Centers which enter a residential street
and are not opposite any street shal 1 be provided with op~que _. :· ·:
screening strip baffles.
Section 2. The City Council hereby finds, determines and declares that the
immediate amendment of Ordinance No. 45, Series of 1955, as amended, of the
ordinances of the Cit~ ofEnglewood, Colorado, known as the "Zoning Ordinance of
the City of Englewood', by establishing therein a aww Commercial District, is
necessary for the preservation of public property, health, peace and safety,
and that an emergency exists and this ordinance shall take effect upon passage.
Passed on First Reading by the City Council of the City of Englewood,
Colorado, this 20th day of March, A.D. 1961, and ordered published in full in
the Englewood Herald and Enterprise.
Passed on Final Reading by the City Council of the City of Englewood, Colorado,
this 3rd day of April, A.D. 1961, and ordered published in full in the Englewood
Herald and Enterprise.
ATTF.ST:
CITY CLERK
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I, B. o. Beausang, City Clerk-Treasurer, City of Englewood, County of
Arapahoe, State of Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read, passed and ordered published as a bill in the
Englewood Herald and Enterprise at a regular meeting of the City Council held on
the 20th day of March, A.D. 1961, and that at least 7 days after above publication
as a bill the above ordinance was approved, adopted and ordered published in said
legal newspaper by the City Council at a regular meeting held on the 3rd day or
April, A.O. 1961, as Ordinance No. 9, Series of 1961, of said City.
ATTEST:
CITY CLERK-TREASURER
SEAL
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