HomeMy WebLinkAbout1998 Ordinance No. 016•
ORDINANCE NO. &
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 17, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 16-4-17 AND
ENACTING A NEW TITLE 16, CHAPTER 4, SECTION 17, ENTITLED FENCES, WALLS
AND VISUAL BARRIERS.
WHEREAS, the proposed ordinance is another step in the implementation of the Concepts,
Strategies, and Actions contained within the South Broadway Action Plan; and
WHEREAS, this proposed amendment to the Comprehensive Zoning Ordinance is
applicable to all properties in the City of Englewood, Colorado; and
WHEREAS, the proposed amendment addresses concerns that have been voiced to City
staff by property owners regarding height restrictions, fencing materials, maintenance of
fencing, and clarity of regulations; and
WHEREAS, the proposed amendment was prepared with the goals of improved language
clarity and easier administration which will result in benefits to both staff and to the
general public; and
WHEREAS, the proposed revised provisions are intended to eliminate ambiguity that
property owners have experienced in construction. of new fencing, or replacement of
fencing; and
WHEREAS, the Englewood Planning and Zoning Commission reviewed and approved
this proposed amendment at their November 18, 1997 Meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. The City Council of the City of Englewood, Colorado hereby repeals Title 16,
Chapter 4, Section 17, entitled Fences And Retaining Walls, of the Englewood Municipal
Code 1985, and enacts a new Chapter 16, Chapter 4, Section 17, entitled Fences, Walls And
Visual Barriers which shall read as follows:
16-4-17: FENCES, WALLS AND VISUAL BARRIERS:
A. PURPOSE: THE FOLLOWING PROVISIONS ESTABLISH STANDARDS TO
REGULATE THE DESIGN AND LOCATION OF FENCES, WALLS, AND
VISUAL BARRIERS IN A MANNER WHICH ENSURES THE FOLLOWING:
l. AN ATTRACTIVE ENVIRONMENT OF SAFE, DESIRABLE CHARACTER;
2. REDUCED POTENTIAL FOR PEDESTRIAN OR TRAFFIC CONFLICTS; AND
3. PROTECTION AND SECURITY FOR THE OWNER AND ADJACENT PARCELS .
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B. PERMIT APPLICATION: NO F ENCE , WALL , OR VISUAL BARRIER MAY BE
MAINTAINED OR ERECTED WITHOUT A VALID ACCESSORY PERMIT
ISSUED BY THE CITY. AN ACCESSORY PERMIT SHALL BE FILED ON A CITY
APPLICATION FORM, TOGETHER WITH FEES , PLANS , AND ANY OTHER
INFORMATION REQUIRED BY THE CITY FOR ALL FENCES AND WALLS.
C. DEFINITIONS: FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
DEFINITIONS APPLY:
1. OPEN
2 . SOLID
3. HEIGHT
MEANS A VERTICAL SURFACE WITH 50 % OR MORE
OPEN SPACE.
MEANS A VERTICAL SURFACE WITH LESS THAN
50 % OPEN SPACE.
MEANS THE DISTANCE OF THE VERTICAL SURFACE
MEASURED FROM FINISHED GRADE TO THE TOP OF
THE VERTICAL SURF ACE.
D. VISIBILITY: SIGHT DISTANCE TRIANGLE -ALL ZONE DISTRICTS . NO
VISUAL OBSTRUCTION OVER TWO AND ONE-HALF FEET (2 1/2') IN
HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE ERECTED,
PLACED , PLANTED , OR ALLOWED TO GROW WHICH OBSTRUCTS THE
VIEW OF PEDESTRIANS ON THE SIDEWALK OR OBSTRUCTS THE TRAFFIC
VISION AT INTERSECTIONS. COMPLIANCE WITH THE SIGHT DISTANCE
TRIANGLE SHALL BE DETERMINED BY THE CITY TRAFFIC ENGINEER.
1. FIGURE -1 AND CHART 1 SHALL BE USED TO DETERMINE
INTERSECTION CROSS-CORNER VISIBILITY AT MAJOR
STREETS/A VENUES AND MINOR STREETS/A VENUES.
Figure -1: SIGHT DISTANCE TRIANGLE
Chart-I
INTERSECTION SIGHT DISTANCE
Minimum Required Intersection
Type of Intersection Speed M.P.H. Sight Distance
A B
Minor Major
Street/Avenue Street/Avenue
Minor Street with 20mph 15' 200 '
a Major street 25mph 15 ' 250'
30mph 15' 300'
35mph 15' 350 '
40mph 15' 400'
45mph 15 ' 450 '
50mph 15 ' 500 '
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2. ALLEY SIGHT DISTANCE TRIANGLE -ALL ZONE DISTRICTS. NO
VIS UAL OBSTRUCTION OVER TWO AND ONE HALF FEET (2 112 ') IN
HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE
PERMITTED WITHIN TWENTY-FIVE FEET (25 ') OF THE SIGHT
DISTANCE TRIANGLE AREA OF AN ALLEY AND STREET/A VENUE
INTERSECTION. SAID TRIANGLE IS MEASURED FROM A POINT
WHERE THE CURB LINE AND THE CENTER LINE OF THE ALLEY
MEET . THE DISTANCE FROM THIS POINT SHALL BE TWENTY FIVE
FEET ALONG THE STREET/AVENUE CURB LINE ("B") AND TWENTY-
FIVE FEET ALONG THE ALLEY CENTER LINE ("A"). THE THIRD SIDE
OF THE TRIANGLE ("C") CONNECTS THESE TWO SIDES , CREATING
THE SIGHT DISTANCE TRIANGLE. BOTH FIGURE -1 AND FIGURE -2
SHALL BE USED TO DETERMINE CROSS-CORNER VISIBILITY AT
STREETS/AVENUES AND ALLEYS .
Figure-2: ALLEY SIGHT DISTANCE TRIANGLE
POINT OF INTERSECTION
STREET/ A VENUE -4 _..,.., B l B
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A = Center Alley Line,
Twenty-five (25 ') feet
B = Curb line, Twenty-five (25') feet
I :A
ALLEY "t .,
E . CLASSIFICATION OF FENCES. WALLS AND VISUAL BARRIERS . SINGLE
STYLES FOR FENCES , WALLS AND VISUAL BARRIERS ARE ENCOURAGED.
CLASSIFICATION OF FENCES , WALLS AND VISUAL BARRIERS SHALL BE
AS FOLLOWS :
I CLASS II STYLE ·• II MATERIAL
Class 1 Masonry High quality brick, stone, concrete, block,
or other similar material
Class 2 Decorative m etal High qualit y metal , such as cast iron,
g alv anized steel, alumi num or other
metal fencing materials
Class 3 Chain link High quality steel or aluminum
Class 4 Wood High quality material rated for exterior
fence use
Class 5 Alternative Vinyl, plastic or composite fence products
designed specifically for fencing purposes
Class 6 Combination fence/wall/vegetation Combination fences s hall consist of two or
more quality materials
Class 7 Woven Wire High quality steel or aluminum
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F. MAINTENANCE: ALL FENCES, WALLS AND VISUAL BARRIERS SHALL BE
KEPT IN A STATE OF GOOD REPAIR. A MAINTENANCE AGREEMENT ON
THE CITY ACCESSORY PERMIT FORM SHALL BE SIGNED BY THE
PROPERTY OWNER.
G. DISTRICT STANDARDS: FENCES, WALLS, AND VISUAL BARRIERS SHALL
CONFORM TO THE FOLLOWING STANDARDS :
1. BARBED WIRE. NO BARBED WIRE OR OTHER DANGEROUSLY SHARP
FENCE SHALL BE ERECTED OR MAINTAINED IN ANY RESIDENTIAL
ZONE DISTRICTS OR WITHIN ANY ZONE DISTRICT FRONT YARD
SETBACK.
2. ELECTRIC FENCE . ELECTRICALLY CHARGED FENCES SHALL ONLY
BE ERECTED OR MAINTAINED IN INDUSTRIAL ZONE DISTRICTS OR
WITHIN ANY APPROVED PUD INDUSTRIAL DISTRICT.
3. FENCE HEIGHT ON RETAINING WALLS -WHEN A FENCE IS
ERECTED UPON A RETAINING WALL, THE HEIGHT OF THE FENCE
SHALL BE MEASURED FROM THE TOP OF THE RETAINING WALL .
WHEN A FENCE IS ERECTED UPON A WALL WHICH IS PART OF OR
INTEGRAL TO THE FENCE CONSTRUCTION, THE ENTIRE
STRUCTURE SHALL BE CONSIDERED A CLASS 6 FENCE AND SHALL
COMPLY WITH CLASS 6 FENCE HEIGHTS.
4. TEMPORARY FENCES -TEMPORARY FENCES FOR CONSTRUCTION
SITES OR SIMILAR PURPOSE SHALL COMPLY WITH THE SECTION
3303 OF THE UNIFORM BUILDING CODE.
5. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ERECT A FENCE 0 R
FOR ANY PROPERTY OWNER TO ALLOW A PERSON TO ERECT A
FENCE WHICH DOES NOT CONFORM TO THE STANDARDS
ENUMERATED HEREIN AND STANDARDS FOR ALL ZONED
DISTRICTS AS DESCRIBED IN FIGURES G-1, G-2 AND G-3.
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ZONE
DISTRICT
R-1-A
R-1-B
R-1-C
R-2
R-2-C
R-3
R-4
R-1-A,
R-1-B,
R-1-C,
R-2, R-2-C,
R-3, R-4
R-1-A,
R-1-B,
R-1-C,
R-2, R-2-C,
R-3, R-4
R-1-A,
R-1-B,
R-1-C,
R-2, R-2-C,
R-3, R-4
CITY OF -GLEWOOD
ZONING ORDINANCE
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RESIDENTIAL DISTRICT Standards, Figure G-1
FENCE LOCATION PERMITTED PERMITTED ADDITIONAL REQUIREMENTS/COMMENTS
FENCE MAXIMUM
CLASS HEIGHT
FRONT YARD SETBACK
a. Solid Construction 1,4 Three feet (3')
b. Open Construction 2,3,4,5,6 Four feet ( 4')
FRONT YARD SETBACK
a Solid Construction 1,4 Three feet (3')
b . Open Construction 2,3,4,5,6 Four feet ( 4'), For all residential uses, four feet (4') shall be the
except as noted maximum height.
in Additional For office, institutional, and professional
Requirements building developments for Class 1 and 2 fences
only, six feet (6') shall be the maximum height.
SIDE YARD SETBACK/FENCES BACK
OF THE FRONT BUILDING LINE
Solid and/or Open 1,2,3,4,5,6 Six feet (6'), Fences on corners lots shall only be permitted up
Construction except as noted to three feet (3') in height within the front yard
in Additional setback.
Requirements Side yard fences shall not obstruct visibility at
the intersection of the alley with a street.
REAR YARD SETBACK
Solid and/or Open 1, 2, 3, 4, 5, 6 Six feet (6'), When the rear yard of a property abuts the side
Construction except as noted yards of an adjoining property, the height of the
in Additional fence constructed in front of the front building
Requirements line of the house on the adjoining property shall
not exceed three feet six inches (3'6").
Rear yard fences shall not obstruct visibility at
the intersection of the alley with a street.
CORNER LOT 1, 2, 3,4, 5 Six feet (6') Fences on corners lots shall only be permitted up
For buildings located on corner lots, side in the area except as noted to three feet (3') in height within the front yard
yard fences in the yard abutting a public twenty-five in Additional setback.
right-of-way feet (25') Requirements Side yard fences shall not obstruct visibility at
behind the the intersection of the alley with a street.
front property
line
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CITY OF ENGLEWOOD
ZONING ORDINANCE
BUSINESS DISTRICT Standards, Figure G-2
For regulations regarding required screening in Business Districts, see Section 16-5 of this Title, General regulations
ZONE
DISTRICT
B-1, B-2
B-1, B-2
B-1, B-2
B-1, B-2
B-1, B-2
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FENCE LOCATION
FRONT YARD SETBACK
a Solid Construction
FRONT YARD SETBACK
b. Open Construction
Classes 2, 4, 5,
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Classes 2, 4, 5 Class 1
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I-+-t:t: ~~11111;
Post 6' ! '-J-
REAR YARO
Solid and/or Open Construction
SIDE YARD
In front of the building line
PERMITTED
FENCE CLASS
1,4,5,6
2,6
2,6
1, 2, 3, 4, 5 or 6
1, 2, 5 or6
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PERMITTED MAXIMUM
HEIGHT
Three feet ( 3')
Six feet (6')
A solid and open construction
may be permitted where a solid
base shall have a maximum
height of three feet (3').
The open construction built on top
of that base shall have a
maximum height of three feet
(3').
Six feet six inches (6'6") for Class
1 Posts/Pillars set no closer than
five feet (5') on center. The
height of the connecting fence
sections shall be Class 2, 4, or 5,
not exceeding six feet (6'), so long
as its vertical surface is more
than 50% open .
Six feet (6')
Three feet (3')
ADDITIONAL
REQUIREMENTS/COMMENTS
This provision shall not apply to educational
institutions.
Rear Yard fences shall not obstruct visibility
at the intersection of the alley with a street.
This provision shall not apply to educational
institutions.
Side Yard fences shall not obstruct visibility
at the intersection of the alley with a street.
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CITY OF ENGLEWOOD
ZONING ORDINANCE
INDUSTRIAL DISTRICT Standards, Figure G-3
For regulations regarding required screening, see subsections 16-4-14K
ZONE DISTRICT FENCE LOCATION PERMITTED FENCE PERMITTED
CLASS MAXIMUM
HEIGHT
I-1, I-2 FRONT YARD SETBACK
Solid and/or Open Construction 1, 2 , 3 , 4, 5, 6, or 7 Six feet (6')
I-1, I-2 SIDE YARD
Solid and/or Open Construction 1, 2 , 3 , 4, 5, 6, or 7 Twelve feet (12')
I-1, I-2 REAR YARD
Solid and/or Open Construction 1, 2 , 3 , 4, 5, 6, or 7 Twelve feet (12')
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ADDITIONAL
REQUIREMENTS/COMMENTS
Barbed wire or similar materials may be
used on permitted fences more than six
feet (6') in height.
Electrically charged fences are
permitted.
Side Yard fences shall not obstruct
visibility at the intersection of the alley
with a street.
Barbed wire or similar materials may be
used on permitted fences more than six
feet (6') in height.
Electrically charged fences are
permitted.
Rear Yard fences shall not obstruct
visibility at the intersection of the alley
with a street.
Section 2. Safety Clauses . The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 3 . Severability. If any clause , sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid , such judgment
shall not affect impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances .
Section 4 . Inconsistent Ordinances . Nothing herein contained shall be deemed
a waiver of the provisions of any other Code section or regulation applicable to
fences. If there is a conflict between the regulations in this Section and any other
Code section or regulations , the more stringent regulations shall apply.
Section 5. Effect of repeal or modification . The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal , which shall have been incurred under such
provision, and each provision shall be treated and held as still remaining in force
for the purposes of sustaining any and all proper actions, suits , proceedings, and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions , suits, proceedings, or prosecutions .
Section 6. Penalty. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to
each and every violation of this Ordinance .
Section 7. Existine" Fences . Any fence in existence prior to the effective date of
this ordinance, but which does not conform to the limitations established by this
ordinance, shall be nonconforming. A nonconforming use, allowed pursuant to
this Section, may remain at its location as a legal nonconforming use subject to the
termination requirements of nonconforming uses as described in this Title.
Because it is a purpose of this Ordinance to eliminate nonconforming uses, a
nonconforming use shall not resume if it has been discontinued for a continuous
period of at least one hundred and eighty days or would terminate as provided for in
the general nonconforming use provisions of this Title .
Introduced, read in full, and passed on first reading on the 5th day of January,
1998.
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Published as a Bill for an Ordinance on the 9th day of January, 1998 ,
A Public Hearing was held February 2 , 1998.
Read by title and passed on final reading on the 17th day of February, 1998 .
Published by title as Ordinance No ./-~, Series of 1998, on the 20th day of
February, 1998 .
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy1of the Ordinance passed on final
reading and published by title as Ordinance No/~, Series o 1998 .
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #OR 97-03
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE PROPOSED AMENDMENT OF
§16-4-17 OF THE COMPREHENSIVE
ZONING ORDINANCE
INITIATED BY:
NEIGHBORHOOD & BUSINESS
DEVELOPMENT
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING CO:Ml\.1ISSION
This matter was opened for Public Hearing before the City Planning and Zoning Commission
on October 21 , 1997 , in the City Council Chambers of the Englewood City Hall. At the di-
rection of Interim City Manager Esterly , relayed through Assistant City Attorney Reid , the
Hearing was continued to November 18 , 1997 .
October 21. 1997 :
Commission Members Present:
Commission Members Absent:
November 18 , 1997 :
Commission Members Present:
Commission Members Absent:
Cottle , Dummer , Garrett , Horner , Tobin , Weber , Welker ,
Douglas
Sty es
Cottle, Dummer , Horner, Tobin, Weber , Welker, Doug-
las
Sty es
Testimony was received from staff. The Commission received notice of Public Hearing , and
the Staff Report , and a memorandum from the Public Works Department, which were incorpo-
rated into and made a part of the record of the Public Hearing.
No public was present to testify on this issue.
After considering the statements of the witnesses , and reviewing the pertinent documents , the
members of the City Planning and Zoning Commission made the following Findings and Con-
clusions .
FINDINGS OF FACT
1. THAT notice of Public Hearing was given by publication in the Englewood Herald on
October 9, 1997 .
2. THAT testimony from Planning Assistant/Intern Brad Denning and from NBD Director
Simpson establish that the proposed amendments to the Comprehensive Zoning Ordi-
nance, § 16-4-17, Fences, Walls, and Visual Barriers, has been discussed with members
of the business community, the Englewood Chamber of Commerce, and various other
City departments to elicit comments and suggestions.
3. THAT a memorandum from Rick Kahm, Engineering Manager, and Ladd Vostry,
Traffic Engineer, dated November 18, 1997, was received and incorporated into the re-
cord; said memorandum stated that they "find the proposed document, as drafted, ac-
ceptable from our Engineering/Traffic Engineering point of view."
4. THAT issues of particular attention are the sight distance triangle, fence heights, and
restriction of fence classifications to specific zone districts.
5. THAT Planning Commissioners stressed the need for clarity on issues such as points of
measurement for the sight distance triangle; definition of "flow line" , "curb line" ;
height measurement for plantings or construction within the sight distance triangle.
Commissioners also expressed concern that imposition of a sight distance triangle at
alley/street intersections would negatively impact the building envelope for corner lots.
6. THAT Planning Commission members made suggestions and modifications to the pro-
posed draft ordinance, which were incorporated into the proposal to be recommended to
City Council.
CONCLUSIONS
1. THAT the proposed amendment to the Comprehensive Zoning Ordinance, §16-4-17,
Fences, Walls, and Visual Barriers, was initiated by the Department of Neighborhood
& Business Development as a response to problems that have arisen with interpretation
and application of regulations in the existing §16-4-17, Fences and Retaining Walls.
2. THAT Notice of Public Hearing was published in the official City newspaper, the
Englewood Herald, on October 9, 1997.
3. THAT the proposed amendment to the Comprehensive Zoning Ordinance, §16-4-17,
Fences, Walls, and Visual Barriers, addresses, simplifies, and clarifies standards and •
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requirements pertaining to erection of fences and maintenance of a sight distance trian-
gle to promote safety of motorists and pedestrians .
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the City
Council should repeal the existing § 16-4-17, Fences and Retaining Walls, and that the pro-
posed §16-4-17, Fences, Walls, and Visual Barriers should be enacted.
The decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Commission on November 18. 1997, by Mr. Dummer, seconded by Mr. Welker ,
which motion states :
Dummer moved:
Welker seconded: The Planning Commission recommend to City Council that the Compre-
hensive Zoning Ordinance be amended by repealing the existing §16-4-
17 , Fences and Retaining Walls , and enacting the proposed § 16-4-17,
Fences, Walls, and Visual Barriers. This proposed new § 16-4-17 will
include all amendment proposed and included during the course of the
Public Hearing.
AYES :
NAYS:
Horner , Tobin, Weber, Welker, Cottle, Dummer, Douglas
None
ABSTAIN: None
ABSENT: Sty es
The motion carried.
These Findings and Conclusions are effective as of the meeting on November 18 , 1997 .
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
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COUNCIL COMMUNICATION
Date Agenda Item Subject Amendment of
Comprehensive Zoning
January 5, 1998 10 a i Ordinance
Initiated By Staff Source
Neighborhood & Business Development Dept. Brad Denning, Planning Assistant/Intern
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has had no previous action on this proposed amendment.
RECOMMENDED ACTION
That City Council approve a Bill for Ordinance on first reading, and schedule a Public Hearing on the
proposed Comprehensive Zoning Ordinance amendment for February 2, 1998.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed ordinance is another step in the implementation of the Concepts, Strategies, and Actions
contained within the South Broadway Action Plan. The proposed amendment to the Comprehensive
Zoning Ordinance is applicable to all properties in the City of Englewood. This proposed amendment
was unanimously approved by the Planning Commission on November 18, 1997.
The proposed amendment addresses concerns that have been voiced to staff by property owners
regarding height restrictions, fencing materials, maintenance of fencing, and clarity of regulations. The
proposed amendment was prepared with the goals of improved language clar ity and easier
administration . This results in benefits to both staff and to the general public. The revised provisions
are intended to eliminate ambiguity that property owners have experienced in construction of new
fencing, or replacement of fencing.
FINANCIAL IMPACT
No financial impact on the City.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Findings of Fact
Staff Report