HomeMy WebLinkAbout1994 Ordinance No. 009ORDINANCE NO . J_
SERIES OF 1994
BY AUTHORITY
COUNCIL BILL NO. 6
INrRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AMENDING TITLE 16, CHAPl'Eh ~, SECTION 10, OF THE ENGLEWOOD
MUNICIPAL CODE, 1985, IN ORDER THA1' B-1 BUSINESS ZONE DISTRICT BE AMENDED TO
INCLUDE ~'HE REQUIREMENT FOR PL 'u 'SEO Dl:.VELOPMENT APPROVAL OF ALL
DEVELOPMENT OR REDEVELO!'ME NT PROJECTS OVER ONE ACRE OCCURRING IN THE B-1
ZONE DISTRICT.
WHEREAS, the Englewood Downtown Development Authority requested the City of Englewood to
amend the B-11.o.ne Di1trict to require Planned Development approval u i1 currently required in the B-2
Zone Di&trict; and
WHEREAS, the B-2 Zone District requirements requi :re Planned Development app,oval for all
developments over on e acre and the B·l Zone District does not require approval ; and
WHEREAS, the Jack of Planned Development app,oval in the B-1 Bu siness District is a perceived
1oophol e .. whereby public review am:! input on developments and redeveloyment's is not solicited; and
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WHEREAS, the Englewood Downtown De ve lopment Author. ty has reque,ted this :hange due to the
potential fo, redevelopment in the Er.glewood downtown area and Cinderella City where public review is
critical ; and
WHER);;AS , this amendmen /. is consistent with the City of Englewood's goal of promoting and
fostering broad community participat:on in the governmental proce11 and inclusion of the Planned
Development requi,ements in the B-11.one District furthen this goal ; and
WHEREAS , the Englew,lCod Planning and Zoning Commission held a Public Hearing on the
proposed amendment on Octobe, 19, 1993, reviewed and recommended the amendment of the :lone District to
the Englewood City Council ;
NOW , THEREFORE , BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO , AS FOLLOWS :
~-The Englewood City Council he,eby ap p,oves amen-iing Title 16, Chapte, 4, Section 10, of the
Englewood Municipal Code to include the requi,ement fo, planned development approval of all
development or redevelopment proj ects ov•:r one acre occurring in the B•l Bu siness District by adding an
new Subsection B, which will n . I -::. fo llows :
16-4-10 B-1 BUSINESS DISTRICT
The B-1 Business District is a mixed -use d istrict which is appli ed to the central business section of
Englewood . The District is de signed to create an environment having urban ch aracteristics within a
Telatively small a,ea of land through the cl ose p,oximity of activities, the increased social and cultural
opportunities and the po ssibility of choice in ones contacts and associates. Within this District, the trend
will be away from the monotony of sepa,atory land u se and toward the variety of land use alternatives
whi ch accommodate .h e current living p,eference s. The u ses · within this Di stTic t ere those which provide
Tetailing and peTSonal seTVices to resident.a within thi s uea and to residents of the City and the
ourrounding area. In order to make the central busin ess district viab le twenty-four (2 4) hours a day and
not juot during the traditional bu ■ine ■a hour ■, m edium and high-density reaidential unita are
encouraced .
The u1ea permitted within the District ere tho■e that will provide the maximum amount of aervice to
residents of the area 111d will be compa/Jble with a,ljacent devdopmenL
A . General Regulation ■. T'ne provi1ion1 found in thi■ Zone Diatrict shall be subject to the re-
quirements and standard ■ found in Section 16-5 , General Regulotiona of thi ■ Title, unle11
otherwiae provided for in thia Ordinance or an amendment hereto .
B. PLANNED DEVELOPM E NT COMPLIANCE . ANY LOT HAVING ONE OR MORE
ACRES IN THIS nlSTRICT SHALL COMPLY WITH THE ENGLEWOOD MUNJCJF-AL
CODE SECTION 16-4-15 (Planned Development District).
B.C . Permitted Principal Uaea . No building, structure, or land ahall be uaed and no building or
structure shall be erected, structurally altered, enlarged or maintained unle11 otherwi1e
provided for in this Ore.. "lance except for one or more of the following uses :
1. Ambulance service.
2 . Antique store .
3 . Assembly halls or auditoriums.
4 . Apparel amd acce:faso1')' store s.
5 .
6 .
Appliance stores.
Art galleries or studios.
7 . Ba keries, retail.
8 . Barber shops.
9. Beauty shops.
10. Bi cy cle stores .
11. Book stores, not including ad ult book ,tores.
12 . Business machine or computer stores.
13 . Camer a and photographic service and supply stores.
1-:. Candy, nut and confectionery stores.
15 . Cateren .
16 . Child care center.
17 . China, crystal and glassware store.
18 . Cleaning with noninflammable cleaning agen ts only .
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19 . Collection and diatrihution station for laundry and dry clunna.
20, Cl~nica. dental, ir.od ~cal, or opt,cal .
21. Dairy producta st.:...,,.
22 . Dance studios for private instructions.
23 . Diaper service.
24 . Delicatessen stores.
25 . Department stores.
26. Drug stores.
27. Dry goods stores.
28 . Eating or drinking establishments, need not be enclosed, but not including driv e-
in eating or drinking establishments.
29. Educational institutions.
30 . Electrical contractor shops, provided it is incidental to a retail sales room and is
limited to equipment employing not more than five (5) horaepower.
31. Electrical substations.
32 . Exterminators.
33. Financial institutions.
34 . Floral ,shops.
35 . Furniture stores.
36 . Garden supplies stores.
37. Gas regulator stations ,
38 . Gift, novelty or souvenir stores.
39. Gro ce ry sto res .
40. Halls , renting for meetings or social occas ions .
41. Hard ware sto res.
42 . Health treatment facilitie s.
43 . Hobby suppl/ store.
44. Home furnishings stores .
45.
46.
Hotel, iild convention center.
Interior decoraton.
47 . Jewelry 11.0re1.
48 . Laboratories, dental, medial or optical.
49. Laundries.
50 . Leather goods and luggage stores .
51 . Library or reading rooms.
52 . Liquor stores (sale by package).
53 . Linen supply.
54. Locksmith .
55 . Mail order houses.
56. Mea t, poultry or seafood stores.
57 . Municipal facilitie s.
58. Music stores.
59 . News stands (for the sale of newspapers, magazines, etc. only).
60. Notions store s.
61. Office buildings, professional or business.
62 . Office supply showroom .
63 . Optical and scientifi c instrument shops .
64. Paint and wall paper stores .
65 . Painting and decorating contractors .
66 . Parking facilities .
67 . Pet stores.
68 . Picture framing .
69 . Photographic studio s.
70 . Ph otostating and blueprinting.
71. Physical fitness cenler.
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72 . Plumbinr ahop1, provided they are incidental to a retail 1ale1 room and are limited
t o equipment not employinf more than five (Ii) bonepower.
73 . Printing, publi1hin11 and allied indu1trie1, provided that 11,•,h operation ,hall not
be hazardous or objeetionabl, due to noise, 1molte, fumes, air pollution, heat, glare,
radiation or vibratio:.1 .
74. Private club.,, lodges, fraternities.
75 . Public buildings and faciliti es.
76 . Reli&ioUB institution,.
77. Residentia1, mcJti-family , condominium, or }ease .
78 . Shoe repair or ahoe shine 1hop1 or 1tand.
79 . Shoe stores.
80 . Sign painting shops.
81. Sporting good s stores .
82 . Stationery stores.
83 . Tailoring and dreHmaking shop s.
84. Taxicab 1tand.
85 . Telephone nchanges.
86 . Telegraph offices .
87 . Theaters, not including drive-in type or adult movies or productions.
88 . Theatrical studios.
89 . Tobacco stores.
90. Toy stores .
9 1. Trade, or business school.
92. Transit cP.nter .
93. Travel agency .
94. Upholstering shop s.
95 . Any similar lawful use which, in the opm1on of th e Co mmi ssion, would be
compatibl e with other u ses in the area and which would not be objectionable to
nearby property by reason of odor, du st, fumes, gas, noise, radiation, heat, glare, or
vibration or is not hazardous to the health and property of the surrounding areas
through danger of fire or explosion .
6 . D. Conditional Uaes. AmuHment eatabliohment■ lncludlnc, but not llmitod to: billiard
hallo, bowline alley,, coin•operatod eame ■, dance halla, electronic or video pmeo, night
clubt, outdoor commercial Ntcreational facllitin, pool hall,, 01' a'katine rinlu.
B. E. Prohibited U ■e ■.
I. Adult entertainment and aervice establi ■hment■.
2 . Manufacturing.
3. Outdoor ■torage of materials, 1upplie1 and equipment on priv~te and public
property.
4 . The outdoor display. ■torage or ■tie of clothing or household appliances, furniture
or other items commonly used in a home. whether on private or public property.
5 . Warehousing of products or it.ems not sold on the premise ■.
6 . Sale al wholesale.
7. Sales or aervice activity shall not be allowed from any temporary structure or
vehicle unless a building permit ~lication has been submitted for a permanent
building or structure to replace tht t4?mporary structure.
E. F. Accessory Uses. Any retail or service use not prohibited in this District which is provided
for the accommodation of the tenants, clients. patrons or customers of the permitted
principal use. and wh ich is located in the same building or structure. The accessory use
must be subordinated and clearly incidental to and customary in connection with the
permitted principal use. An accessory use could be , but is not limited to, such uses as a
radio or TV antenna, a swimming pool, a tennis court , heliport, etc.
F . G. Requirements for Developm ent.
I. Maxi mum height of buildings ................................................. 100 feet
See Secti,,n 15.5.7 of this Title (Jr Height Extension .
2 . Minimum setback . No setback shall be required; provided. however. that where
property in the B·l Business Dis trict abuts upon a property in any "R" Residential
District situated in the same block. the residential front yard requirements shall
apply to that property in the B-1 Business Districl
3 . Minimum floor area .
a . Residential use :
(1 ) Efficien :y or studio ................................... 500 square feet
(2) On e b ,droom ........................................... 650 square fe et
(3) Two (2) bedroom ....................................... 750 s quare feet
(4 ) Each additional bedroom ............................ 110 square feet
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4 .
b . All other permitted principal u1e ■ ....................................... None
Minimum off-■treet parkine.
■. Developen are er,eour■ged to provide parldne in multi-level 1tructure1 in
order to conserve land. If it i1 not fea ■ible to do 10, 111rface parking areaa
should be ■creened from the view of pede■trian way■ by meant af decorative
wall• or fence,, landscaped berms, or mature shrubbery.
b . Parking shall be located no more than four hundred feet (400.) from the uae
it ae rves.
c. If the developer submits a marketing or parking study prepared by a
qualified professional using reasonable profe11ional 1tandard1, and it is
approved by the Community De velopment Director and the C ity Traffic
Engineer, the parking standard s in the Section 16-5 af this Title, General
Regulations, may be waived. If the developer does not 1ubmit a marketing
or parking stucly to the City, the parking requirements in the General
Regulations shall be applied .
5 . Loading. Ar.cess for loading sh oul d be provided off the alley; or, if the property has
no access to an alley, from the street.
6 . Landscaring. Landscaping as may be required by the Landscaping Ordinance,
Section 16-4-18 of this Title.
7 . Utilities. Ut ility service to buildings in new development must be underground.
8 . Liquefied pet roleum gas installations. Liquefied petroleum gas installations
shall be permitted only for the purpose of supplying fuel for •pproved heating
equipment. Tanks in exc ess of five hundred (500) gallons (water capacity) will not
be permitted in this Zon e District. Liquefied Petroleum gas installation ■ •hall
conform to current Fir e Code requirements .
Introduc ed , read in full, and passed on first reading on the 7th day of February, 1994 .
Published as a Bill for an Ordinance on the 10th day of February, 1994 .
A Publi c Hea,ing was h eld March 7, 199•1.
Read by titl e and passed on final reading on the 7th day of March , 1994.
Published by title as Ordinance No . 9, S.ries of 1994, on the 10th
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I, Patricia H. Crow, City Clerk of the City of En11lewood, Colorado, hereby certify that the above
and f~ ia a true copy of the Ordinance paued on final readin11 1111d 11ublished by title u Ordinance
No . .:J... Series of 1994.
Patricia H. Crow