HomeMy WebLinkAbout2023-01-23 (Special) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
1000 Englewood Parkway - 2nd Floor
Community Room
Englewood, CO 80110
AGENDA
City Council Special Meeting
Monday, January 23, 2023 ♦ 6:00 PM
Council Dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link:
https://www.youtube.com/watch?v=EWWtcgxIWqw
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. City Charter Review Project 6:05pm to 7:05pm
a. Kathryn Sellers, outside legal consultant from Hoffmann, Parker, will be present to
review a section of City Charter to determine if Council wishes to propose revisions for
voter consideration.
Information and Direction
Presentation: 30 minutes
Discussion: 30 minutes
iva
V. Off-Leash Dog Update 7:05pm to 7:50pm
a. Director of Parks, Recreation, Library and Golf Christina Underhill, Code Enforcement
Manager Dave Lewis, Open Space Manager Adrian Torres, and Open Space Activities
Supervisor Lindsay Peterson will be present to provide an update for off leash dog
program.
Information and Direction
Presentation: 15 minutes
Discussion: 30 minutes
va
VI. Large Utility Designation 7:50pm to 8:20pm
a. Utilities and South Platte Renew Director Pieter Van Ry, and Utilities Deputy Director –
Business Solutions Sarah Stone will be present to discuss the large utility designation.
Information and Direction
Presentation: 10 minutes
Discussion: 20 minutes
via
VII. Break - 10 minutes 8:20pm to 8:30pm
Page 1 of 191
Englewood City Council Special Meeting Agenda
January 23, 2023
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
VIII. Land Use Discussion and Typology Follow-Up 8:30pm to 9:45pm
a. Planning Manager Bryan Isham, and Matt Ashby, Ayers Associates Chris Brewster,
Multistudio will be present to discuss Land Use Discussion and Typology Follow-Up.
Information and Direction
Presentation: 15 minutes
Discussion: 60 minutes
viiia
IX. Short Term Rental Discussion 9:45pm to 10:15pm
a. Review and discuss proposed changes to short-term rental ordinance.
Information and Direction:
Presentation: 15 minutes
Discussion: 15 minutes
ixa
X. Resolution appointing members to various boards, commissions, and committees
a. Resolution appointing members to various boards, commissions, and committees.
xa
Staff recommends City Council approve a Resolution appointing members to various
boards, commissions, and committees. Staff: Senior Deputy Clerk Jackie
McKinnon
XI. Approval of an Ordinance on First Reading
a. CB 05 - Bill for an Ordinance authorizing an Intergovernmental Agreement for the City
of Englewood to provide sustainability services to the City of Sheridan
xia
Staff recommends City Council approve a Bill for an Ordinance for an
Intergovernmental Agreement with the City of Sheridan for sustainability services.
Staff: Assistant City Manager Tim Dodd
XII. Council Member’s Choice
XIII. City Manager’s Choice
XIV. Adjournment
Page 2 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Tamara Niles
DEPARTMENT: City Attorney's Office
DATE: January 23, 2023
SUBJECT:
Presentation 5, Phase II of City Charter review project: Beginning-
to-end review of Charter Provisions
DESCRIPTION:
Kathryn Sellers, outside legal consultant from Hoffmann, Parker, will be present to review a
section of City Charter to determine if Council wishes to propose revisions for voter
consideration.
RECOMMENDATION:
Continue to review Englewood City Charter, and discuss whether it may be appropriate to place
proposed substantive revisions on the November, 2023 ballot.
SUMMARY:
City Council has embarked upon a multi-phase, multi-year project to review the Englewood City
Charter, to determine if proposed amendments are appropriate. In Phase I, City Council
reviewed sections of the Charter that were no longer legally enforceable or advisable, and
adopted an ordinance approving various amendments for citizen approval on the November,
2022 ballot.
This presentation is part of Phase II, to study potential substantive revisions to the Charter that
may be advisable or have citizen support. Initially, 9 study sessions were scheduled on the 4th
Monday of each month between August 2022 and May 2023 to review the City Charter from
beginning to end and discuss whether proposed amendments may be advisable to reflect
current law, current trends, or provide maximum protection or flexibility to the City and its
Citizens.
Should City Council determine proposed revisions are advisable and/or have Citizen support,
Council will adopt an ordinance creating one or more ballot questions for Citizen consideration
on the November, 2023 ballot (or later ballots, at Council's discretion). Currently, there is an
agenda placeholder for consideration of an ordinance with ballot questions in June, 2023.
COUNCIL ACTION REQUESTED:
Consider presentation and provide direction regarding potential revisions to Englewood City
Charter for citizen ballot.
FINANCIAL IMPLICATIONS:
Using the City Attorney's Outside Counsel budget, outside counsel with legal expertise in
Colorado City Charters is overseeing this project. Total cost is dependent upon their time spent.
No other financial implications are anticipated.
Page 3 of 191
ATTACHMENTS:
PowerPoint
Table of potential revisions discussed to date
Page 4 of 191
Home Rule Project in
Englewood
Page 5 of 191
STAFF COMMENTS
Page 6 of 191
ARTICLE III LEGISLATIVE BODY
Suggested Revisions
Section 26 -Oath of office.
Before entering upon the duties of office,every Officer and City employee shall take,
subscribe before,and file with the City Clerk,an oath or affirmation that they will support
the Constitution of the United States,the Constitution of the State of Colorado,this Charter
and ordinances of the City,and will faithfully perform the duties of the office.
Alternative Option: Delete entire section, governed by state law and the
oath language mandated under state law. Page 7 of 191
ARTICLE IV RECALL
Suggested Revisions
Section 34 -Recall.
One or more registered electors who would be entitled to vote for the successor of the
incumbent sought to be recalled shall file with the City Clerk, an affidavit of not more than
200 words stating the reasons for the recall of the elected officer sought to be removed. The
City Clerk shall, within forty-eight (48) hours after the filing of said affidavit, DELIVER A
COPY OF THE AFFIDAVIT mail a copy of said affidavit, by certified mail,to the elected
officer sought to be recalled IN THE MOST EXPEDIENT MANNER POSSIBLE,
INCLUDING ANY AVAILABLE ELECTRONIC DELIVERY, who may file with the City
Clerk a sworn statement in defense of the charges made against the officer.
Modernizing language to allow other methods of delivery Page 8 of 191
ARTICLE V ORDINANCES
Does Council want to keep the two reading process for ordinances?
Section 40 –Ordinances.
An ordinance may be introduced as a bill at any regular meeting by any member of the
Council, or by petition of the people as provided by this Charter. Upon introduction,
the bill shall be published by reference or in full as Council may determine. Council
may set a day and hour at which Council, or a committee of Council, shall hold a
public hearing thereon. A bill, before its final passage, shall be presented at one
additional meeting of the Council, which meeting must be held no earlier than seven
days after publication of the bill for an ordinance, except in case of emergency as
herein provided. After final passage, every ordinance shall again be published by
reference or in full as Council may determine.
Possible alternative processes:The City can hold a public hearing at the first and only
reading of ordinances or designate certain types of ordinance for public hearing and
only those ordinances have a public hearing and two readings. Page 9 of 191
ARTICLE V ORDINANCES
Suggested Revisions
Section 40 –Ordinances.
Any publication by reference shall contain a summary of the subject matter of the
ordinance and a notice that copies of the ordinance are available at the office of the
City Clerk OF WHERE COPIES OF THE ORDINANCE ARE AVAILABLE.Page 10 of 191
ARTICLE V ORDINANCES
Suggested Revisions
Section 42 -Disposition.
A true copy of every ordinance,as adopted by Council,shall be numbered and
recorded,and adoption and publication shall be authenticated by the signature of
the Mayor and the City Clerk,and by the certificate of publication.A true copy of
every ordinance as adopted by the vote of the registered electors of the City shall
be separately numbered and recorded commencing with "Peoples"Ordinance No.
1.
The City does not currently use this nomenclature
Page 11 of 191
ARTICLE VII CITY MANAGER
Suggested Revisions
Section 50 -Absence.
To perform duties during a temporary absence or disability,the Manager may
designate a qualified City employee by letter filed WRITTEN NOTIFICATION
with the City Clerk.If the Manager fails to make such designation,the Council
may by resolution appoint a qualified City employee to perform the duties of the
City Manager until he shall return.
Concern is that “qualified”may be interpreted to include all of City Manager’s
qualifications including residency.Also,to update and modernize notification
provisions.Page 12 of 191
ARTICLE VII CITY MANAGER
Suggested Revisions
Section 52 -Powers and Duties.
(k)Establish a system of accounting and auditing for the City to conform with the
Uniform System of Municipal Accounting and Auditing;show that legal
provisions have been complied with and reflect the financial condition and
financial operation of the City;establish cost accounting systems whenever
practicable ESTABLISH AND ENSURE COMPLIANCE WITH FINANCIAL,
BUDGETING,AND AUDITING BEST PRACTICES AND APPLICABLE LAW ;
Current language is antiquated and overly complicated
Page 13 of 191
REVISITING TOPICS FROM LAST MEETING
Page 14 of 191
ARTICLE VI INIATATIVE AND
REFERENDUM
Revisiting election terminology
Initiative and referendum provision calculate the number of signators
needed for the petitions based upon the preceding “gubernatorial vote”
•Uniform Election Code refers to the election every four years on even numbered
years as a “general election” or “presidential election.” A gubernatorial election is
not expressly defined but “gubernatorial” is defined as “voting in general elections
for the office of governor.”
•“General state election” is used in both initiative and referendum provisions –
inconsistency.
•Other parts of the Charter use “general state election” –See Sec. 14, Special
Elections; Sec. 34, Recall.
Charter uses term “general municipal election”
Term used in Municipal Election Code –“regular municipal election”Page 15 of 191
ARTICLE VI INIATATIVE AND
REFERENDUM
Revisiting election terminology
Questions for Council:
Change reference initiative and referendum provision from
“gubernatorial” election to general/regular municipal election?
Pros: Municipal elections are scheduled to occur more frequently
than state-wide general elections. Cons: Municipal election can
be canceled
Change reference throughout Charter from general municipal
election to regular municipal election?Page 16 of 191
ARTICLE VI INITIATIVE AND
REFERENDUM
Revisiting amending or repealing initiated ordinances or adopting
ordinances repealed through referendum
Section 48 –Amendments.
An ordinance adopted or rejected by electoral vote under either the initiative
or referendum,cannot be revised,repealed,or amended except by electoral
vote;but the Council shall have the power to submit a proposition without a
petition;therefor,subject to the limitations set forth in Section 14 of this
Charter.
Options to be discussed
(a)An ordinance adopted through the initiative process cannot be amended
or repealed by Council __________________.
(b)And ordinance repealed through the referendum process cannot be
adopted by Council ___________________.Page 17 of 191
INITIAL REVIEW OF SECTIONS
Page 18 of 191
ARTICLE VIII Boards and Commissions
Four Boards and Commissions created by Article VIII:
Library Board
Planning and Zoning Commission
Board of Adjustment and Appeals
Water and Sewer Board
Initial Question:Does the Council want to keep these boards andcommissionsintheCharter?
Alterative:Remove the specific duties and composition of the BoardsandCommissionsandallowCounciltoestablishbyordinance.Page 19 of 191
ARTICLE VIII Boards and Commissions
Suggested revisions
Section 53 -General provisions.
The City Manager shall provide a recording secretary for each Board and Commission.
Option 1: Delete, adopt via ordinance
Option 2: Change “recording secretary” to “necessary City staff”.
A book of records of each meeting shall be kept and placed in the office of the City
Clerk for public inspection.
Option 1: Delete, already required under COML for minutes, packets are retained
by staff.
Option 2: Modernize language –All records of each Board and Commission shall
be retained by the City as required by state law and City policy.Page 20 of 191
ARTICLE VIII Boards and Commissions
Suggested revisions
Specific Issues: Planning Commission
Section 56 -Commission Established.
The Council shall establish by ordinance a City Planning and Zoning
Commission consisting of a minimum of five (5)members,or more if
established by ordinance,appointed by Council,who shall be citizens-at-
large with overlapping four (4)year terms.The City Manager shall appoint
an administrative officer to be an ex officio nonvoting member of the
Commission.Members shall be qualified electors,residents of the City at
least one (1)year immediately prior to the day of their appointment,and
shall hold no paid office or position in the City Administration.The
recording secretary shall sign any documents or communications from the
Board,"by order of the City Planning and Zoning Commission".Page 21 of 191
ARTICLE VIII Boards and Commissions
Suggested revisions
Specific Issues: Planning Commission
Section 58 -Duties.
All plats of proposed subdivisions shall be submitted to the City Planning and
Zoning Commission for its recommendations to Council with respect thereto.
BUT the Code provides for Minor Subdivisions and Administrative Land Review
Permits to be approved by the City Manager with no review by Planning
Commission. Page 22 of 191
ARTICLE VIII Boards and Commissions
Suggested revisions
Specific Issues: Board of Adjustment and Appeals
Section 59 -Board created.
Council shall establish by ordinance a Board of Adjustment and Appeals,
consisting of a minimum of five (5)members,or more if established by
ordinance,appointed by Council,for overlapping terms of four (4)years.
Members shall be qualified electors,residents of the City at least one (1)year
immediately prior to the date of their appointment,and shall hold no other office
or position in the City Administration.The recording secretary shall sign any
documents or communications from the Board,"by order of the Board of
Adjustment and Appeals".Page 23 of 191
ARTICLE VIII Boards and Commissions
Suggested revisions
Specific Issues: Water and Sewer Board
Section 62 -Planning.
The Water and Sewer Board shall plan for the continued adequacy of the
domestic water supply and system and sanitary sewer systems (BUT NOT
THE STORMWATER SYSTEM)as indicated by the projected needs of
the City.The Board,in cooperation with the City Manager,shall submit
annually to Council a capital expenditure budget;such budget may
provide for a contingency fund never to exceed two percent (2%)of the
gross receipts of the domestic water and sanitary sewer systems for the
previous year.Expenditures from said fund shall be upon authorization of
the Water and Sewer Board.Page 24 of 191
ARTICLE IX Legal Department
Suggested revisions
Part I: City Attorney
Section 64 -Appointment.
The Council shall appoint a City Attorney who shall be the legal representative of the
City and who shall advise the Council and City Officials in matters relating to the
official powers and duties.The City Attorney shall be an attorney-at-law admitted to
practice in Colorado and have a minimum of five years experience in the active
practice of law.The Council may provide the City Attorney with such assistants as
Council may deem necessary.All attorneys who reside or maintain offices in the City
shall be given preference by Council for appointment.
Qualifications should be determined by Council.5 years practicing law (in general
and not specialized)is likely not adequate for a City Attorney of a municipality the
size of Englewood.
Council can always have this preference for local attorneys –but does Council
want to remove to allow flexibility.Page 25 of 191
ARTICLE IX Legal Department
Does Council want to keep the elected Municipal Judge?
Part II: Municipal Court
Section 68 -Establishment.
Municipal Judge:
…there shall be elected for a term of four years,a Municipal Judge,who shall presideovertheEnglewoodMunicipalCourt.
Suggested Revision is to remove.
Note:According to Sec.69 of Charter,Judge is required to have certainqualifications:
The Municipal Judge shall be an attorney-at-law admitted to practice in Colorado,andshallhavehadaminimumoftwoyearsexperienceintheactivepracticeoflawandbearegisteredelectoroftheCity.
This requires City staff to qualify the Judge based upon their law practice.Page 26 of 191
ARTICLE IX Legal Department
Suggested revisions
Part III: Miscellaneous Legal Provisions
Section 71 -Contracts and conveyances.
EXCEPT AS OTHERWISE AUTHORIZED BY COUNCIL,aAll contracts in
writing binding the City and all conveyances of an interest in land by the City shall
be signed by the Mayor and attested by the City Clerk under the seal of the City.Page 27 of 191
ARTICLE IX Legal Department
Does the Council want to keep this restriction on the sale of land?
Part III: Miscellaneous Legal Provisions
Section 72 -Restrictions on sales and leases of land and other real property.
Lands granted to or purchased by the City for park purposes,and so dedicated,shall not be
sold or conveyed without majority vote of the electors voting thereon at any general or special
election,subject to the limitations contained in Section 14 hereof.Nothing in this provision
shall be so construed as to prevent the City from selling or conveying,as hereinafter provided,
lands purchased for purposes other than parks and not so dedicated,even though such lands
may be used for park purposes.
Note: Only appears to apply to property which at the time of conveyance to the City was
intended for park purposes. Property purchased or conveyed for purposes other than
parks, but then used for parks, are not subject to this provision. Page 28 of 191
ARTICLE IX Legal Department
Does the Council want to keep this restriction on the lease of land?
Part III: Miscellaneous Legal Provisions
Section 72 -Restrictions on sales and leases of land and other real property.
Real property of the City may be leased,provided that no lease of any real property
shall exceed a period of twenty (20)years,except leases to other municipalities or
governmental agencies,or leases approved by a vote of the electors at any general or
special election,subject to the limitations contained in Section 14 hereof.Page 29 of 191
ARTICLE IX Legal Department
Does the Council want to keep this section? Does Council want to
remove the section on notice?
Part III:Miscellaneous Legal Provisions
Section 73 -Recovery of compensation.
No action for the recovery of compensation for personal injury or death against the
City on account of its negligence,shall be maintained,unless written notice of the
time,place,and cause of injury is served on the City pursuant to the Colorado
Governmental Immunity Act,C.R.S.§24-101-101 et seq.,and the action is
commenced within the time period established by applicable law.
The notice given under the provisions of this section shall not be deemed invalid or
insufficient solely by reason of any inaccuracy in stating the time,place or cause of
injury,if it is shown that there was no intention to mislead and that the Council was,
in fact,not misled thereby.
The Colorado Governmental Immunity Act regulates the notice,its contents,and
its sufficiency.The notice is a jurisdictional requirement.Page 30 of 191
ARTICLE IX Legal Department
Suggested revisions
Part III:Miscellaneous Legal Provisions
Section 77 -Right to combine,consolidate,or merge.
Council may combine,consolidate,or merge the City with any other contiguous
municipality or municipalities upon such terms and conditions as it shall deem
necessary and expedient,subject,however,to ratification by the electors,at a special
election in accordance with the provisions of Section 14 of this Charter.Page 31 of 191
ARTICLE IX Legal Department
Suggested revisions
Part III:Miscellaneous Legal Provisions
Section 78 -Authority to levy taxes.
Council may levy such taxes and excises as may be necessary to obtain revenue for
the operation of the City SUBJECT TO ARTICLE X SECTION 20 OF THE
COLORADO CONSTITUTION,subject to the right of referendum as in this
Charter provided.
Ordinances to levy a tax are expressly exempt from referendum pursuant
to Sec.47 of the Charter.Page 32 of 191
ARTICLE IX Legal Department
Suggested revisions –Remove; address by ordinance
Part III:Miscellaneous Legal Provisions
Section 79 –Cooperative Contracts.
Council,by ordinance,may enter into contracts with other governmental bodies to
furnish or receive governmental services and to make or pay charges for such
services and enter into cooperative or other joint activities with other governmental
bodies.Page 33 of 191
Questions?Page 34 of 191
1
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
ARTICLE I
SECTION 2:
The Municipal Government provided by this Charter
shall be the "Council-Manager" form of government,
and shall not be changed except by Charter
Convention. Pursuant to its provisions and subject
only to limitations imposed by the State Constitution
and by this Charter, all powers of the City shall be
vested in an elective council.
The form of government, as established by the
Charter, may only be changed through a vote
of the registered electors. The struck-out
provision essentially has no effect, but state
statute will control over this provision of the
Charter.
SECTION 6:
No tract or parcel of land within the boundary of the
City shall be detached by an owner or owners from
the City except upon majority vote of the registered
electors voting upon the question at a special election.
The question of detachment from the City shall be
submitted to said vote, as provided in Sections 14(1)
and 14(3) of this Charter, upon deposit by said owner
or owners with the City Treasurer of the expense of
said election as determined by the Treasurer.
Unusual - HPWC recommending deletion.
The City may adopt its own disconnection
procedures by ordinance or rely on state
statute
Page 35 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 7:
'Emergency Ordinance' - An ordinance, the immediate
passage of which shall be necessary for the
preservation or protection of public property, health,
peace or safety.
‘Emergency Ordinance’ definition likely
unnecessary. Based upon the provision
below, the definition is likely repetitive
Article V, Sec. 41 (Charter): Emergency
ordinances necessary for the immediate
preservation of public property, health, peace,
or safety may be introduced, read and
unanimously approved by a quorum present,
at any meeting of the Council. The facts
showing such urgency and need shall be
specifically stated in the ordinance. No
ordinance shall receive final passage on the
same date it is introduced; however,
emergency ordinances may receive final
passage by Council on the following day.
Emergency ordinances shall take effect
immediately upon final passage and shall be
published within seven days thereof. No
ordinance making a grant of any special
privilege, levying taxes, incurring
indebtedness, authorizing borrowing money
or fixing rates charged by any city owned
utility shall ever be passed as an emergency
measure unless the indebtedness, or the
borrowing of money has received prior voter
approval, or the indebtedness does not require
voter approval under Article X, Section 20
(TABOR) of the State Constitution.
Page 36 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
‘Franchise’ - A special privilege granted by the City
permitting the continuing use of public property, such
as city streets, and usually involving the elements of
monopoly and regulation.
Definition is not accurate - some franchises
involve regulated monopoly but that is
typically defined by the PUC for utilities.
The definition could be broader, including
general license for the use of public property.
The term is used in Article XIV which
addresses franchises, licenses and permits.
Deletion of the definition (recommended
action) will not affect the City's authority to
grant franchises under its other Charter
provisions.
‘Overlapping Terms’ -Terms of office are such that
only a portion of the members will be appointed or
elected at any one time, sometimes referred to as
'staggered terms'.
All references to this term appear in
connection with Council terms, or the terms
for Board and Commissions in the Charter;
also used in the Code. Deletion of term
(recommended action) will not affect the
application of another sections of Charter and
Code; may use plain meaning.
‘Park’ – Lands dedicated for park purposes Does this definition have limits that are not
appropriate for the City?
Does not apply to the provision in Charter
Art. 10, Sec. 72) regarding the sale of land
used for "park purposes" as opposed to the
sale of parks. The definition at best is circular
as applied to this provision
Page 37 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
ARTICLE II
SECTION 10:
All municipal elections shall be governed by the
provisions of the Colorado Election Laws Municipal
Election Code, unless otherwise determined by
Council, and as hereafter amended or modified,
except as otherwise provide in this Charter. The
Council may adopt by ordinance such rules and
regulations in respect to elections including by
reference any laws of the State of Colorado not
inconsistent with applicable law, as may be
recommended by the Election Commission."
Clarify which election law is the default.
Typically would only apply in noncoordinated
elections or in coordinated election to the
procedures for nomination and other
candidates related election issues.
General consensus -
make change
Page 38 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 11:
There is hereby created an Election Commission
consisting of the City Clerk and four qualified electors
of the City. Said electors, during their tenure in office,
shall not be City officials or employees or candidates
for elective City office. Council shall make two
additional appointments, one term of appointment to
terminate January 1, 1983 and one term of
appointment to terminate January 1, 1985; thereafter
appointments shall be for four-year terms. The
Commission shall elect a chairperson from its
membership.
The Election Commission shall establish precincts and
appoint the election judges and clerks for each
precinct as provided in the Colorado Election Laws
Municipal Election Code and have charge of all other
activities and duties required of it by law or this
Charter. Where municipal election procedure is in
doubt, the Election Commission shall prescribe the
procedure to be followed in conformity with
applicable law.
1. Does Council want to keep the Election
Commission?
2. If so, minor amendments should be made
to designate the correct election law for the
establishment of precincts. The establishment
of precincts under the MEC is not identical to
the Uniform Election Code (used in
coordinated elections), although
municipalities are supposed to work with
counties to establish precinct boundaries.
Municipal established precincts would only
apply in an election governed completely by
the MEC (a non-coordinated election)
General consensus -
keep the Election
Commission; make
minor clarifications
on applicable law
Page 39 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 14. Special Elections
(1) General Provisions. Subject to the limitations
imposed by this Charter, Council may call special
elections as necessary either by resolution or by
ordinance. Notice of such special elections shall be
published and shall cite the section of this Charter
which governs the proposition to be submitted to the
electors. No special election shall be held within
ninety (90) days before or forty-five (45) days after a
general municipal or state election. General state
elections may be used for submission of city
propositions, except as limited by this Charter, and
shall not be considered as special elections for city
purposes. Any proposal, question, or proposition
may be submitted at any general or special municipal
election except as hereinafter limited by this
Charter. The ballot for all elections, except election
of officers, shall state briefly the nature of the
proposition and shall provide appropriate means to
vote for or against the proposition.
Notice of special election: Language in the
Charter is unnecessary and not as broad as the
MEC. MEC also provides more detail on
publication of notice – when, content. MEC
requires posting – not required by the Charter.
Timing of special election – covered by MEC
and very similar to Charter provision.
Last sentence – the nature of proposition is
not on the ballot. Second half of last sentence
is unnecessary.
Page 40 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 14. Special Elections
(2) Number; Limited. Limit on Number of Special
Elections.
A. Not more than one special election shall be held,
under provisions of Section 46 of this Charter, during
any twelve month period; provided, however, that
proposed initiated ordinances, questions or measures
may be submitted at any general municipal or state
elections, or at special elections called under provision
of other sections of this Charter as limited in Section
14(3) hereof.
B. Any proposition submitted under Section 77 of this
Charter shall not again be submitted under Section 77
for one year thereafter.
Limitation on special elections is unusual. In
addition, in reality with the timing of elections
and the required timing between elections, it
would be difficult to hold more than one
special election during the calendar year.
Consider removing subsection 2(B) entirely.
Section 77 of Charter:
Council may combine, consolidate, or merge
the City with any other contiguous
municipality or municipalities upon such
terms and conditions as it shall deem
necessary and expedient, subject, however, to
ratification by the electors, at a special
election in accordance with the provisions of
Section 14 of this Charter.
SECTION 14.
Special Elections
(3) Subject, Limited. Elections held under provisions
of Section 6, Section 77 and Section 104 of this
Charter shall be held separate and apart from all other
elections and shall be limited to submission of only
one proposition in any one election.
Consider deleting; there is no legal basis to
limit these questions on a ballot. Also, as for
Section 104, TABOR will control over this
provision and ballot issues related to general
obligation bonds must occur in November.
Page 41 of 191
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PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 15.
Nominations for elective municipal office Each
candidate for an elective municipal office shall be
nominated by petition signed by at least fifty
registered electors residing within the municipality, or
the district, from which the officer is to be elected.
Petitions shall be circulated and filed in accordance
with Colorado Election Laws Municipal Election
Code.
Change to MEC General consensus –
make change
ARTICLE III
SECTION 21. Salaries.
The monthly salaries of the Councilmen are hereby
initially fixed in the following amounts until may be
changed by ordinance, but shall not be increased
during the current term of a Councilmen Council
Member enacting such ordinance.:
Mayor: $75.00.
Member of Council: $50.00.
Changes are an update; modernization.
ARTICLE IV
Page 42 of 191
9
SECTION 34 (Recall)
One or more registered electors who would be entitled
to vote for the successor of the incumbent sought to be
recalled shall file with the City Clerk, an affidavit of
not more than 200 words stating the reasons for the
recall of the elected officer sought to be removed. The
City Clerk shall, within forty-eight (48) hours after the
filing of said affidavit, mail a copy of said affidavit,
by certified mail, to the elected officer sought to be
recalled, who may file with the City Clerk a sworn
statement in defense of the charges made against him
within 10 days from the date of mailing. After the
affidavit has been filed Within 5 days of receipt of the
sworn statement in defense or after the deadline to
submit a sworn statement of defense, whichever is
later, the City Clerk shall authorize a petition for
recall of the elected officer which shall include the
statement in defense of the petition if so requested by
the person sought to be recalled prior to the
authorization by the City Clerk. The City Clerk's
authorization shall not constitute an approval of the
form or contents of the petition but, rather, shall
commence the running of the time periods provided
hereafter.
Persons, who are at least 18 years of age, may
circulate the authorized petition. The authorized
petition may be circulated and signed by registered
electors who would be entitled to vote for the
successor of the incumbent sought to be recalled. For
recall of any elected officer, said petition must be
signed by registered electors who would be entitled to
vote for a successor of the incumbent sought to be
recalled, numbering at least twenty-five percent (25%)
of the registered electors voting for all the candidates
1. The current charter provision has no
deadline for submission of the defense
statement. This revision may be made by
ordinance.
2. It is important that petitions are subject to
standard form rules - the City can rely on state
law for the form. The Clerk should be
approving petition as to form.
3. There are no protest processes outlined in
the Charter. May adopt by ordinance.
4. The statement in support of recall and any
defense statement appears on the ballot under
state law. Under the Charter, that information
appears on the petition. This is just
informational, not a suggested change.
5. Requiring circulators to be registered
elections is unconstitutional. Even if this
change is not approved by the voters – it is
unenforceable.
General consensus –
one election
Suggestion to shorten
the timeframe for an
election to match
state law (30 to 90
days)
General consensus –
remove residency
requirement Page 43 of 191
10
for the elected officer’s respective office in the last
preceding general municipal election.
The recall petition shall be filed with the requisite
information and signatures with the City Clerk within
sixty (60) days after authorization by the City Clerk.
Failure to file a petition within this period shall render
the recall petition null and void. If said petition is filed
within the time specified and meets all applicable
requirements of this Charter and to the extent not
addressed by this Charter, state law is proper in all
respects, the Council shall set a date for a recall
election to be held not less than sixty (60) days nor
more than one hundred twenty (120) days after filing
of the recall petition unless within said period of time
a general municipal election, a special municipal
election or a general state election is to be held.
Should a general municipal election, a special
municipal election, or a general state election be held
within the 60th to 120th day after filing of the recall
petition, the recall election shall be held in
conjunction therewith. At such recall election, the
question of the proposed recall of the elected officer
shall be submitted to the registered electors who
would be entitled to vote for the successor of the
incumbent sought to be recalled.
The ballot upon which such proposed recall is
submitted shall set forth the following question:
SHALL (NAME OF PERSON AGAINST WHOM
RECALL PETITION IS FILED) BE RECALLED
FROM THE OFFICE OF (TITLE OF OFFICE)?
Following such question shall be the words “Yes” and
“No”.
Page 44 of 191
11
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
In the event that an officer is recalled by a majority
vote of those voting on the question, the office shall
be deemed vacant and shall be filled at an election
called by Council not less than sixty (60) days nor
more than one hundred twenty (120) days after the
recall election unless within said period of time a
general municipal election, a special municipal
election, or a general state election is to be held.
Should a general municipal election, a special
municipal election, or a general state election be held
within the 60th to 120th day after the recall election,
the election to fill the vacancy shall be held in
conjunction therewith.
On such ballots, under each question, there must also
be printed the names of those persons who have been
nominated as candidates to succeed the person sought
to be recalled. The name of the person against whom
the petition is filed shall not appear on the ballot as a
candidate for the office. All candidates on the ballot
must be listed in alphabetical order.
Candidates for the office at a recall election may be
nominated by petition as provided in Municipal
Election Code; except that candidates shall have not
less than ten calendar days beginning on the first
calendar day after the governing body sets the date
for the recall election within which to circulate
nominating petitions, and such petitions shall be filed
no later than forty-five days prior to such recall
election.
6. This change would allow for one election
rather than two.
Page 45 of 191
12
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
ARTICLE V
SECTION 37: Voting (Ordinance).
The ayes and nays shall be taken upon the passage of
all ordinances, resolutions and motions, and entered
upon the journal of the Council proceedings into the
minutes. Every ordinance shall require the affirmative
vote of the majority of the membership of the entire
Council for final passage. Resolutions and motions
shall require the affirmative vote of a majority of the
quorum present. Every member, when present, must
vote upon ordinances, resolutions and motions, except
he shall be excused from voting on matters involving
the consideration of his own official conduct or when
his personal or financial interest is involved.
Change to modernize language
Discussion occurred related to whether
ordinance should require a majority of the
entire membership or a majority of those
members present.
SECTION 39: Form (Ordinance).
Every ordinance shall be introduced in written or
printed form. The enacting clause of all ordinances
shall be, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO. Except as otherwise provided in this
Article, all ordinances shall take effect thirty days
after publication following final passage.
Change to modernize language
Does Council want to shorten the time for
ordinances to become effective?
ARTICLE VI
Page 46 of 191
13
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 46: Initiative
If the petition accompanying the proposed ordinance
is signed by registered electors equal in number to ten
percent (10%) of the preceding gubernatorial vote in
the City, with a request for a special election, the
Council shall either pass said ordinance without
alterations within thirty days after the petition is filed,
subject to the referendum, or call a special municipal
election, unless a general municipal election, special
municipal election or general state election is to occur
within ninety days thereafter. At such general
municipal election, special municipal election or
general state election the Council shall submit said
ordinance to a vote of the electors of the City. If the
petition is signed by registered electors equal in
number to at least five percent (5%) of the preceding
gubernatorial vote in the City, and is filed with the
City Clerk at least ninety (90) days before a general
municipal or general state election, the Council shall
pass said proposed ordinance without alterations
within thirty (30) days, or shall submit same to a vote
of the electors at the next general municipal election
or general state election. If the petition is not filed
with the City Clerk at least ninety (90) days before the
next general municipal election or general state
election, it shall be null and void.
Question: Does Council want to keep the two
tracks for initiatives?
Clarifying terminology – “gubernatorial”
election
General consensus:
no change on two
track structure
Page 47 of 191
14
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 47: Referendum
If at any time within thirty (30) days after the final
passage of an ordinance to which the referendum is
applicable a petition signed by registered electors
equal in number to at least ten percent (10%) of the
preceding gubernatorial vote in the City, is presented
to the Council protesting any ordinance going into
effect, it shall reconsider such ordinance. If the
ordinance is not entirely repealed, Council shall
submit it to a vote of the electors of the City as
provided in the Initiative and Section 14 of this
Charter, at the next general municipal election, special
municipal election or general state election. Such
ordinance shall then go into effect without further
publication if a majority of the electors voting thereon
vote in favor of it. The Council, on its own motion,
shall have the power to submit any proposed
ordinance to a vote of the electors at a general
municipal election, special municipal election or
general state election as provided and limited in this
Charter. No provision of this Charter shall be
construed as limiting the right of Council to refer to
any ordinance subject to referendum. If provisions of
two or more proposed ordinances adopted or approved
at the same election conflict, the ordinance receiving
the highest affirmative vote shall become effective.
Clarifying terminology – “gubernatorial”
election
Page 48 of 191
15
PROPOSED CHANGE CONTEXT/NOTES PRIORITY
H=high,
M=Medium,
L=Low
FINAL DECISION
SECTION 48: Amendments
An ordinance adopted or rejected by electoral vote
under either the initiative or referendum, cannot be
revised, repealed, or amended except by electoral
vote; but the Council shall have the power to submit a
proposition without a petition therefor, subject to the
limitations set forth in Section 14 of this Charter.
Keep strict restrictions on amending an
initiated or referred ordinance?
Other option: super majority to amend;
amend to comply with state law; or
emergency circumstances (health, safety, and
welfare)
ARTICLE VII
SECTION 49: Appointment; qualifications
The Council shall appoint and fix the salary of the
City Manager who shall be the chief executive officer
and head of the administrative branch of the City
Government. He shall be selected on the basis of
administrative and executive qualifications. During
his tenure of office, the City Manager shall reside
within the City of Englewood. No Councilman shall
be appointed City Manager during the term for which
he shall have been elected.
Keep residency requirement
SECTION 51: Removal; severance pay
Council shall appoint the City Manager for an
indefinite term and shall have power to remove him,
by majority vote of its members. Upon his removal,
the City Manager shall be paid the balance of his
salary for the current month and his salary for the next
calendar month.
It is not clear whether severance pay is a floor
or ceiling. Remove from charter
Majority of council:
remove; but it is a
low priority possibly
Page 49 of 191
16
Page 50 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Christina Underhill, Dave Lewis, Jr.
DEPARTMENT: Parks, Recreation & Library
DATE: January 23, 2023
SUBJECT: Off-Leash Dog Update
DESCRIPTION:
Code Manager Lewis and Director of PRLG Christina Underhill will provide an update of the off-
leash program. The option for pet registration will also be presented
RECOMMENDATION:
This item is for information and direction. Staff would like direction regarding the pet registration
as well as the off-leash program overall.
PREVIOUS COUNCIL ACTION:
2001
o City Council approved Council Bill No.36, Ordinance No. 3, Series of 2001 an
Ordinance amending the Title 7, Chapter 1A of the Englewood Municipal Code
2000, pertaining to dogs and cats. This Bill made it unlawful for a dog to be off-
leash running at large.
2002
o City Council approved Resolution No. 4, Series of 2002 establishing a Pilot Park
Program for off-leash dogs.
o On December 30, 2002, staff recommended the pilot program be retained on a
permanent basis for the 5 off-leash parks (Jason, Northwest, Bates Logan
Duncan, Centennial).
2003
Off-leash privileges revoked by City Council for Bates Logan Park.
o March 30--Council hears staff presentation regarding public education and
enforcement of off-leash dogs’ rules. Council asks Parks & Recreation Board for
recommendation regarding the off-leash program.
o June 22--City Council directs staff to postpone further discussion on the
recommendations until Council can meet in person.
2004
o A presentation regarding unsatisfactory turf conditions related to off-leash at
Jason Park was presented to council by the Director of Parks and Recreation.
2009
o July 14-- After numerous complaints from residents regarding off leash at Jason
Park. Staff presented possible solutions for off-leash at Jason Park.
o Designated times and days
o Eliminate all off-leash areas and keep Canine Corral as the only off-leash park.
Page 51 of 191
o Remove Jason as an off-leash area
o Limit to defined areas of the park
o Add natural barriers or fencing
o Construct another off formal dog park
o October 5—A public hearing was held to discuss the designated off-leash hours
and potential off-leash changes.
o October 19—City Council approved the following off-leash hours for Jason,
Centennial, Duncan, and the Northwest Greenbelt parks to be effective January
1, 2010. Specifically: March 1 through October 31 — off-leash hours from 6:00 to
11:00 am and c6:00 to 11:00 pm; and November 1 through February 28 or 29 —
100% off-leash hours (no restriction on off-leash hours).
2020
o March 30--Council hears staff presentation regarding public education and
enforcement of off-leash dogs’ rules. Council asks Parks & Recreation Board for
recommendation regarding the off-leash program.
o June 22--City Council directs staff to postpone further discussion on the
recommendations until Council can meet in person.
o July 6--City Council asks staff to bring the Board recommendations before
Council at the next available date.
o July 20, 2020 – The Parks and Recreation Commission Subcommittee presented
its recommendations to City Council for the off-leash program.
o At the July 20, 2020 Council meeting Council requested new
recommendations for the off-leash program in addition to the Parks and
Recreation Commission’s recommendations. A task force was established
and a mediator was contracted to oversee the meetings.
o December 14, 2020 after the Off-Leash Task Force convened five times the
recommendation was made to Council to produce a POLCO survey to find out
how the residents feel about the off-leash program and potential
recommendations the Off-Leash Task Force had discussed.
2021
o April 26, 2021 POLCO presented the dog park survey results. At this meeting
Council recommended the Off-Leash Task Force meet one more time to discuss
the survey results and possible recommendations for the off-leash program.
o June 9, 2021 The Off-Leash Task Force met to review survey data and provide
recommendations/ vote on various options related to the off-leash program.
o August 23, 2021 Parks and Recreation staff along with the Parks and Recreation
Commission Subcommittee presented the off-leash data and the subcommittee
recommendations for the off-leash program.
▪ The three options provided were:
• Option 1: Accept the recommendations of the Parks and
Recreation Commission.
• Option 2: Council reviews each off-leash park and proposed off-
leash park to determine if it should be off-leash and if it should be
fenced.
• Option 3: Make no changes to the off-leash program.
o September 13, 2021- City Council reviewed each recommendation of the Off-
Leash Task Force and the Parks and Recreation Commission. Council gave staff
specific direction on a park -by-park basis which formed the off-leash ordinance.
o October 4, 2021 – Ordinance No. 54-2021 was passed
2022
Page 52 of 191
o January 1st, 2022 Ordinance No. 54-2021 EMC 7-1A-3 went into effect with
education being used as the primary enforcement tool towards voluntary
compliance.
o July 25, 2022- After the temporary fence was vandalized numerous times at
Jason Park
▪ Council changed the temporary fence to a permanent chain link fence.
o August 15, 2022- Ordinance No. 54-2021 EMC 7-1A-3 was updated to modify
the wording for off-leash dates and the type of fencing added to the parks.
SUMMARY:
Council approved an updated off-leash ordinance at the end of 2021 and the enforcement of the
new ordinance starting on January 1, 2022. Staff will provide an update on the off-leash
program status over the last calendar year. Staff will also present an option for pet registration.
ANALYSIS:
The City of Englewood has three off-leash privilege areas and one off-leash dog park. The
three areas include the north half of Jason and Duncan Parks, as well as Northwest Greenbelt.
Canine Corral is the off-leash dog park. Code Enforcement staff, the Park Ranger and parks
staff educated the public over the last year regarding the rules and regulations of the newly
adopted off-leash program. Staff worked closely with residents and organizations like Pirate
Youth Sports and Englewood Unleashed to ensure the off-leash program was communicated
and understood by park users.
In 2022, a total of 16 summons and citations were issued in off-leash privilege parks by the Park
Ranger and Code Enforcement staff.A total of 105 summons were issued in all other Englewood
Parks by the Park Ranger and Code Enforcement staff.Parks staff installed a fence dividing the
off-leash areas from other park amenities at Jason and Duncan Park. Jason Parks new fence
has two, ten foot gates and three pedestrian gates to ease access to the multi-use field and off-
leash area. Additional signage was also added to these parks.
Pet registration was discussed and supported by the off-leash task force and Parks and
Recreation Commission during the 2020-2021 off-leash discussions. In addition, the 2020 Polco
survey asked the question of residents if they would support a pet "licensing" program. Over
67% of respondents either supported or somewhat supported a licensing program of pets.
There are benefits to residents and non-residents registering their pets. Pet registration benefits
can include; pets being reunited with their owners quickly, ongoing education regarding pet
ownership, in addition revenue would be generated to support enforcement and park
maintenance efforts. The registration process will not require additional staff and could be
provided by a reputable company also serving Boulder, Teller County and Castle Rock. Annual
registration fees range from each city or county. Fees can also vary for spayed/neutered
animals, unaltered animals and resident vs. non resident.
COUNCIL ACTION REQUESTED:
Staff is looking for direction regarding the pet registration program as well as the off-leash
program overall.
FINANCIAL IMPLICATIONS:
Page 53 of 191
2022 Parks Cost: $25,000
• Fencing: $20,000
• Signage: $500
Pet Registration Costs:
One time startup cost to the City for Pet Registration at approximately $5000
• Revenue will be generated from each pet registered and tagged.
• Revenue generated from pet registration can go towards cost recovery of maintenance,
enforcement, and education.
• No additional staff will be needed to administer pet registration
CONNECTION TO STRATEGIC PLAN:
Community Wellbeing
Safety
OUTREACH/COMMUNICATIONS:
Pet Registration will be advertised via city website, social media, post cards as well as in the
Citizen. If the city moves forward with pet registration additional methods of communication with
the public will be discussed with the communications department.
ATTACHMENTS:
Off Leash Update and pet registration PPT
Code Enforcement calls for service and summons data for parks
Page 54 of 191
2022 Off-Leash Program Update and
Pet Registration
Christina Underhill, Director of PRLG, Dave Lewis Jr., Code Enforcement Manager and
Adrian Torres, Open Space Manager
January 23, 2023
Page 55 of 191
Park Name January February March April May June July August Sept.Oct.Nov.Dec.Total TYD Summons
Baker 0 0 1 4 3 4 1 2 2 6 4 2 29 0
Barde 3 3 14 18 8 9 3 2 6 7 1 2 76 0
Bates/Logan 7 3 10 17 8 5 16 22 18 20 17 27 170 10
Belleview 7 8 4 16 10 6 20 31 17 23 24 18 184 24
Big Dry Creek Trail 0 0 0 1 1 0 0 1 1 8 8 16 36 0
Centennial 3 9 8 25 9 9 19 37 22 34 18 24 217 27
Clarkson-Amherst 0 0 1 5 1 1 5 1 4 6 23 14 61 9
Cushing 6 6 3 12 7 6 9 16 13 31 18 23 150 15
Duncan 2 7 6 24 7 3 9 7 5 3 2 5 80 0
Emerson 4 4 6 14 6 2 11 14 4 10 13 12 100 2
Jason 9 10 9 20 11 4 5 11 9 8 17 20 133 8
NW Green Belt 0 0 1 6 3 3 4 6 4 8 6 9 50 0
Romans 4 6 10 17 6 5 11 10 12 9 7 8 105 1
Rotolo 1 6 10 15 7 6 4 11 4 4 14 13 95 1
Miller Field 0 4 5 12 10 8 6 13 7 6 6 9 86 0
Hosanna Athletic 0 0 3 8 3 2 1 1 4 1 0 3 26 0
Canine Corral 3 4 7 12 5 1 0 2 1 12 11 16 74 8
Totals:49 70 98 225 104 74 124 186 132 188 181 205 1672
YTD Summons 2 2 6 7 1 1 10 9 5 20 24 18 105
Englewood Parks Calls For Service
Code Enforcement Cases 2022
Page 56 of 191
Canine Corral Visitor Data 2022
Number of Visits
Length of Stay
Where Visitors are Coming From
Page 57 of 191
Park Improvements: Updated Signage
•Off leash hours
•Signs updated: February
28th/29th to Last Day of
February. Page 58 of 191
Park Improvements: Updated Signage
•Fence signage
•Collaboration between:
•Englewood Parks
•Englewood Unleashed
•Englewood Code Enforcement,
•Park users
•Total investment for signs: $500
Page 59 of 191
Jason Park
Jason
Park Page 60 of 191
Park Improvements
Fencing at Jason and Duncan
•Fencing
•Temporary fence initially installed
at Jason Park
•Council approved installation of
permanent fencing at Jason
•Permanent fencing
•Duncan: 4’ solid fence with
openings at each end
•Jason: 4’ fence with 3-gates
and 2-10’ double gate
•Total investment
•$20,000
Page 61 of 191
Page 62 of 191
2020 Polco Survey –Dog Licensing
22%
29%
46%
28%
24%
21%
22%
31%
12%
12%
10%
8%
16%
6%
13%
non-Englewood residents paying an additional dog
licensing fee for a City of Englewood dog license to help
fund park maintenance and staffing?
non-residents being able to use City of Englewood parks
with their dogs?
a dog licensing program?
Strongly support Somewhat support Neither support nor oppose Somewhat oppose Strongly oppose
Page 63 of 191
DocuPet
A New Standard for Pet Registration
in Englewood,CO
2023
Page 64 of 191
DocuPet exists to...
•Increase registration and associated
revenue for local animal welfare provision
•Get more pets home safely with better
tags and services
•Make registration program
administration easier and less costly
•Increase pet owner education and
engagementPage 65 of 191
For Pet Owners…
•Online Payment and Document
Management for New and Renew•Secure Online Profile
•Fun and Personalizable Tags
•Free 24/7 HomeSafe Lost Pet Service
•More frequent,multi-channel
reminders
•Customer Support via Phone,Email
and Chat
•Communication throughout the year
for pet registration
For Our Partners…
•Modern Online Registration Platform
•360 Pet Registration Program Management
•Increased Data Points with Full Data Access
•Financial and Performance Reporting•Enhanced Reminder Communications
•Updated Pet Tags and Lost Pet Supporting
•Marketing/Awareness Support
•Online and Offline Advertising
•Canvassing Software and Materials
A new standard
Page 66 of 191
Now Serving 150+Communities
Including in Colorado:Boulder,Teller County and Castle Rock
Page 67 of 191
Managed Services
We manage the daily labor-intensive efforts for a low monthly fee*.Thefeeisbasedoncurrent license sales rates and remains consistent for thedurationoftheagreement.
●Mailing Registration Compliance Notifications
●Mailed-in Application Form Processing
●Data formatting
●Hand-keying pet owner information
•*Estimated monthly fee =$211
•15,756 Households (38.4%of HH have 1.6 Dogs =9,680 Dogs and 25.4%of HH have 1.8 Cats =7,204 Cats or 16,884 Total Pets)
•Estimate of 10%compliance in first year as new program =1,688 Licenses ($1.50 per license x
1,688 licenses =$2,532
•**Donations typically exceed $1.25/license issued or ~$175/month
•One-time Startup Fee due for small and complex programs ($4,999)Page 68 of 191
Questions & Comments
Thank You
Page 69 of 191
Park Name Jan. Feb. March April May June July Aug. Sept. Oct. Nov. Dec. Total
TYD
Summons
Baker 0 0 1 4 3 4 1 2 2 6 4 2 29 0
Barde 3 3 14 18 8 9 3 2 6 7 1 2 76 0
Bates/Logan 7 3 10 17 8 5 16 22 18 20 17 27 170 10
Belleview 7 8 4 16 10 6 20 31 17 23 24 18 184 24
Big Dry Creek
Trail 0 0 0 1 1 0 0 1 1 8 8 16 36 0
Centennial 3 9 8 25 9 9 19 37 22 34 18 24 217 27
Clarkson-
Amherst 0 0 1 5 1 1 5 1 4 6 23 14 61 9
Cushing 6 6 3 12 7 6 9 16 13 31 18 23 150 15
Duncan 2 7 6 24 7 3 9 7 5 3 2 5 80 0
Emerson 4 4 6 14 6 2 11 14 4 10 13 12 100 2
Jason 9 10 9 20 11 4 5 11 9 8 17 20 133 8
NW Green
Belt 0 0 1 6 3 3 4 6 4 8 6 9 50 0
Romans 4 6 10 17 6 5 11 10 12 9 7 8 105 1
Rotolo 1 6 10 15 7 6 4 11 4 4 14 13 95 1
Miller Field 0 4 5 12 10 8 6 13 7 6 6 9 86 0
Hosanna Ath-
letic 0 0 3 8 3 2 1 1 4 1 0 3 26 0
Canine Corral 3 4 7 12 5 1 0 2 1 12 11 16 74 8
Totals: 49 70 98 225 104 74 124 186 132 188 181 205 1672
YTD Summons 2 2 6 7 1 1 10 9 5 20 24 18 105
2022 Park Statistics– Code Enforcement Page 70 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Pieter Van Ry
DEPARTMENT: Utilities
DATE: January 23, 2023
SUBJECT:
Regulatory Impacts – Large Utility Designation and EPA Interim
Health Advisory for PFAS
DESCRIPTION:
The Colorado Department of Public Health and Environment (CDPHE) has designated City of
Englewood Utilities as a “Large Utility” which is a system that serves a residential and non-
transient population of greater than 50,000. This designation has regulatory implications for
Utilities sampling frequency and corrosion control treatment. Additionally, CDPHE has notified
the City of Englewood (City) that we are required to provide public notification following recent
testing for per- and polyfluoroalkyl substances (PFAS), as a result of the Environmental
Protection Agency's (EPA) Interim Health Advisory for PFAS.
RECOMMENDATION:
None – Informational Item.
PREVIOUS COUNCIL ACTION:
None.
SUMMARY:
Utilities staff will update City Council regarding the regulatory impacts of being designated as a
Large Utility by CDPHE, as well as the planned public notification for PFAS.
ANALYSIS:
Large Utility Designation
Englewood’s Water Utility was designated as a Large Utility on September 6, 2022, following an
update to the population inventory provided to CDPHE on August 19, 2022. Based on the 2020
census data, the City supplies drinking water to a residential and non-transient population of
approximately 57,000 through 11,322 service connections. Following the Large Utility
designation and pursuant to the Lead and Copper Rule, CDPHE requires the City to complete a
Corrosion Control Study (CCS) and determine its optimal corrosion control treatment to provide
additional protection from the release of lead into the drinking water. The City currently uses pH
adjustment for corrosion control treatment, and all 90th percentile testing results from 1992
through 2021 for both lead and copper have been well below the action levels under the Lead
and Copper Rule.
Utilities staff intends to request a variance from the CDPHE for optimal corrosion control
treatment under the Lead and Copper Rule, which would eliminate the need for a CCS. Under
this variance, the City must be willing to commit to similar elements as included in Denver
Page 71 of 191
Water’s Lead Reduction Plan to concentrate on the removal of lead service lines, without the
unnecessary delay of studying alternative corrosion control measures.
EPA Heath Advisory for PFAS
On June 15, 2022, the EPA issued interim Health Advisory Levels (HALs) focusing on a small
number of PFAS compounds. Two of which are Perfluorooctanoic acid (PFOA) and
Perfluorooctane Sulfonate (PFOS), which at very low concentrations over a lifetime, may have
health effects. These interim health advisories will remain in place until EPA establishes a
National Primary Drinking Water Regulation. HAL’s are not enforceable like regulations, instead
the advisories are interim guidance to foster local response prior to the EPA developing a formal
regulation.
Many cities in Colorado, including Englewood, have proactively sampled for PFAS. Recent
results showed small levels of PFAS in the drinking water, which were below the advisory level
until the EPA’s recent revisions. The interim HALs are substantially lower than the current
scientific detection limits. The levels detected in Englewood’s water now require public
notification to inform customers about PFAS, health risks, vulnerable population risk, monitoring
results, whether alternate supplies should be considered, and actions the City is taking to
reduce and monitor PFAS levels. CDPHE requires two forms of direct communication with
customers, as well as ongoing updates via the website, social media posts or delivery to
community organizations. Utilities staff will mail a notification with the February utility bills and
provide a press release as the two forms of public notification for PFAS information to
Englewood customers.
COUNCIL ACTION REQUESTED:
None.
FINANCIAL IMPLICATIONS:
The City has secured Water Infrastructure Finance and Innovation Act (WIFIA) funding and is
pre-qualified to receive State Revolving Fund (SRF) funding, including principal forgiveness
through the Bipartisan Infrastructure Law, to fund lead service line replacements. This funding is
expected to total approximately $90 million, of which approximately $34 million is grant funding,
allowing the City to take a proactive approach to remove lead service lines.
CDPHE opened the PFAS Grant Program on January 3,2023 to assist Colorado Utilities in
identifying, assessing, and reducing the impacts of PFAS on human health and the
environment. The City is currently completing a grant application for follow-up sampling projects
and infrastructure funding. Once new regulatory requirements and the outcome funding
applications are known, Utilities will define plans and necessary adjustments to our treatment
processes for PFAS removal.
CONNECTION TO STRATEGIC PLAN:
Infrastructure:
• Ensure protection of the City's water infrastructure
Safety:
• Ensure safe drinking water is delivered to customers
Page 72 of 191
OUTREACH/COMMUNICATIONS:
CDPHE requires two forms of direct communication with customers to provide information about
PFAS. Utilities staff will mail a notification with the February utility bills and provide a press
release to provide the required PFAS information to Englewood water customers. Additionally,
quarterly updates to the website, social media posts or delivery to community organizations will
be ongoing.
ATTACHMENTS:
PowerPoint Presentation
Page 73 of 191
Regulatory Impacts:Large Utility Designation &Health Advisory for PFAS
City Council Study SessionJanuary 23, 2023
Pieter Van Ry, Englewood Utilities and South Platte Renew Director
Page 74 of 191
Large System Utility -Background
•Population Update to CDPHE
•Residential Population: ~10% increase
•Non-Transient Population: ~50% increase
•CDPHE Notice of Large Utility 9/6/22
Date Reported to CDPHE Residential Non-
Transient Total
1991 30,700 15,841 46,541
August 2022 33,659 23,673 57,332Page 75 of 191
Impacts -Large System Designation
•Increased regulatory
requirements:
•Revise Monitoring Plan
•Corrosion Control Study or Variance
•Water Sampling
o Water Quality Parameters
o Total Coliform
o DBP
•Lead Service Line Funding: $90M
•WIFIA Loan: $19M
•SRF Program: $70M
o 52% Low-Interest Loan
o 48% Principal Forgiveness
Individual
Rule
Current
Monitoring
Future Monitoring Reason for
Change
LCR 30 Sites Annually –
Reduced schedule
60 sites/6 months –Standard
monitoring
LAS install
LCR No Designated
Corrosion Control
Treatment or
Monitoring
Perform a Corrosion Control
Study or Variance
Increased
Population
LCR -WQP Daily benchtop
testing for process
control:
pH, Ca, Hardness,
Total Hardness,
TDS.
Regulatory Sampling: pH, Ca,
Alkalinity, Hardness, Temp,
Conductivity, Total
Phosphorus, Chloride, Sulfate
Iron, and Manganese.
Monthly monitoring at Entry
Point and in Distribution
Increased
Population
Total Coliform 50 Sites Monthly 60 Sties Monthly Increased
Population
DBP 4 Dual Sites
(TTHM HAA5)
8 Dual Sites –TTHM HAA5 Increased
PopulationPage 76 of 191
PFAS Health Advisory -Background
•Compounds in commercial manufacturing since 1940s
•EPA focused on a small group of compounds
•PFOA and PFOS
•Very low concentrations over a lifetime may have health
effects
•EPA issued revised Health Advisory Levels in 2022
•Lowering levels for PFOA and PFOS
Page 77 of 191
PFAS Sampling
•Englewood proactively sampled in 2020 and 2022
•2022 Results over revised EPA Health Advisory Levels
2020 2022
PFOA EPA Health Advisory Level (ppt)70 0.004
Englewood Sample (ppt)3.5 2.6
PFOS EPA Health Advisory Level (ppt)70 0.02
Englewood Sample (ppt)2.5 1.9Page 78 of 191
Public Education Requirement
•Englewood’s PFAS result over the Health Advisory Level
•Must Do:
•Website with regular updates on PFAS
•Public Notification
o Press Release
o Direct mail delivery to water users
Page 79 of 191
Next Steps
•EPA’s draft PFAS regulation with Maximum Contaminant
Levels
•Rule expected to be effective ~ 2026
•Continued PFAS monitoring and sampling
•PFAS Treatment not accounted for in Financial Plan
•Apply for state grant for PFAS treatment pilot study
•2023 available funding up to $100,000
•Quarterly updates to Utilities websitePage 80 of 191
Questions?Page 81 of 191
Thank you
Page 82 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Bryan Isham
DEPARTMENT: Community Development
DATE: January 23, 2023
SUBJECT: Land-Use Discussion and Housing Typology Follow-up
DESCRIPTION:
Presenting Chapter 4: Zone Districts and Uses and housing typology follow-up items from
11/28/2022 study session.
RECOMMENDATION:
CodeNext project consultants Chris Brewster of Multi Studio and Matt Ashby of Ayers
Associates, project manager Bryan Isham, Planning Manager, and Brad Power, Director of
Community Development, will be present to update city council on CodeNext.
PREVIOUS COUNCIL ACTION:
March 22, 2021: Presentation of the final Unified Development Code (UDC) Assessment Report
and consensus to move forward with the request for proposals and establishment of a steering
committee for the development code redrafting process.
May 10, 2021: City council interviewed 14 residents for possible appointment to the steering
committee.
May 17, 2021: City council appointed five members from the community to the steering
committee, completing the steering committee formation.
July 19, 2021: Professional Services Agreement with Gould Evans approved by city council.
November 1, 2021: Quarterly update of the CodeNext project.
February 7, 2022: Quarterly update of the CodeNext project with steering committee members
present.
April 18, 2022: Professional Services Agreement with Root Policy Research approved by city
council for Housing Needs Assessment.
May 9, 2022: Quarterly update of the CodeNext project.
August 22, 2022: Quarterly update of the CodeNext project.
Page 83 of 191
November 7, 2022: CodeNext update of the draft technical provisions.
November 14, 2022: CodeNext update of the mobility, access and public realm design and
technical provisions.
November 21, 2022: CodeNext update of the sustainability and community design provisions.
November 28, 2022: CodeNext update of the housing and neighborhood design provisions.
SUMMARY:
The CodeNext project team will provide an update to the city council on the land-use typologies
provisions of Title 16, including discussions from the steering committee and staff, key changes
being proposed, and a draft of chapter four. The team will also provide a requested recap of
follow-up topics from the November 28th study session with additional exhibits for discussion
and direction.
ANALYSIS:
This is the fifth scheduled study session review of the redrafted Title 16, addressing the land-
use typologies of the updated development code, which includes Chapter 4, Zone Districts &
Uses. Since the last study session on November 28, the steering committee met on January 12
to discuss issues related to these chapters and staff has reviewed and discussed the “working
drafts” of this chapter. Due to the timing of the recent steering committee meeting, the
consultant team has not incorporated direction and comments from the steering committee and
ongoing staff discussions into the initial draft.
The information in this communication includes:
1. Development Code Framework, providing an “executive summary” overview of all of the
development code sections.
2. Section maps, comparing the drafts of Chapter 4, Zone Districts & Uses to the relevant
sections of the current code, including some specific references to the scope, nature,
and rationale for changes (or where sections are not changing and simply being
reorganized or reformatted).
3. Draft chapter, initial draft of the specific code section.
This is the fifth in a series of study sessions that will ultimately cover all key issues and potential
updates to the Englewood Unified Development Code.
COUNCIL ACTION REQUESTED:
The project team will respond to comments and questions from city council regarding the land-
use typologies provision of the CodeNext process as well as additional follow-up items.
Discussion and direction will be used by staff and the consultant team to prepare a final draft
and formal recommendation on the CodeNext updates.
The project team will continue to provide quarterly updates at city council study sessions, as
well as monthly updates provided in the city manager's weekly report.
FINANCIAL IMPLICATIONS:
Page 84 of 191
The CodeNext project is incorporated in the 2022 Community Development Department work
plan and budget.
CONNECTION TO STRATEGIC PLAN:
CodeNext addresses the following Strategic Plan Goals:
Community Wellbeing
Affordability
Community-Wide Identity
Governance
Community Engagement
Infrastructure and Transportation
Multi-Modal Transportation
Economy
Commercial Corridor Vibrancy
CityCenter Redevelopment
Neighborhoods
Community Engagement
Neighborhood Aesthetics
Safety
Building and Public Safety
Sustainability
Built Environment and Infrastructure
Community Resilience
Economic Resilience
Energy
Natural Environment
Water Protection
OUTREACH/COMMUNICATIONS:
All project information and materials can be found on the CodeNext webpage on the Englewood
Engaged platform. engaged.englewoodco.gov/codenext
ATTACHMENTS:
1. Draft Chapter Outline and Section Map
2. Draft Chapter 4. Zone Districts & Uses
3. Existing Table 16-5-1.1: Table of Allowed Uses
4. PowerPoint Presentation
Page 85 of 191
DEVELOPMENT CODE UPDATE
DEVELOPMENT CODE FRAMEWORK
June 10, 2022 1
ENGLEWOOD CO
DEVELOPMENT CODE FRAMEWORK
INITIAL DRAFT CHAPTER OUTLINE & SECTION MAP – 10/25/22
The framework includes two elements –
▪ Chapter Outline. An overview of the organization and general content of the development code,
based on internal “working drafts” that the project team and Technical Committee have been
discussing,
▪ Section Maps. A navigation tool and comparison of the current code to the initial drafts of each
chapter. The section maps will be prepared as each initial draft is introduced for preliminary
review. While the section maps are not comprehensive, they provide an overview of what is
changing and why, and can help guide reviewers to sections or changes of most interest to them.
Section maps and initial drafts will be delivered to the Steering Committee and City Council over the next
several weeks. The initial drafts are not yet a formal recommendation, but provide an opportunity to
become more familiar with the overall development code and general direction prior to the final draft.
In some cases, the initial drafts are not complete. This is due to three factors:
(1) concepts that are contingent on coordination with details in other chapters that are yet to be
determined by staff and the Technical Committee;
(2) strategies or options that need further direction prior to finalizing recommended actions; or
(3) “non-priority” sections where no substantive changes are anticipated, and the current code
sections will be incorporated as a final step to preparing the recommended draft.
Drafting notes may indicate sections where this occurs.
Discussion on the framework, section maps, and initial drafts will lead to a formal recommended draft
introduced in late fall or early winter.
Chapter Outline
Chapter 1: General
This chapter includes the legal foundations and technical requirements of the code, including purposes,
interpretation, jurisdiction, and authority.
Recommended changes deal primarily with improved wording, better organization, and reducing
redundant sections.
Chapter 2 Applications and Procedures
This chapter addresses the applicability, process, criteria, and effects for all development applications.
Recommended improvements include:
▪ Better correspondence between the summary table and text, eliminating redundant sections.
▪ Distinguish between development applications and general administrative, interpretation, and permit
review steps (the later not needing to be include in this Chapter);
▪ Use the “General – All Applications” section to control for most applications and not repeat sections
in multiple applications. The use of the summary table and simplified sections on each application is
used to identify unique aspects of a particular application. DRAFTPage 86 of 191
DEVELOPMENT CODE UPDATE
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June 10, 2022 2
The overall goal for this section would be to raise expectations for when and how decisions are made
when reviewing development proposals.
Chapter 3 Community & Subdivision Design
Subdivision regulations typically trigger when someone is dividing property or “subdividing.” Standards
typically address the following:
• coordinate development across different areas and between projects over time;
• promote civic design of streets, open spaces, block, and lot patterns;
• ensure that all lots and blocks are served by utilities, public services, and community facilities.
Since Englewood is largely built out and on an established grid of streets, the larger-scale subdivision
standards apply differently than they do in communities experiencing new growth.
Recommended improvements include:
▪ Emphasize the large-scale community design elements and move the technical or procedural
aspects of subdividing to the platting process in Chapter 2.
▪ Improve street design standards for more emphasis on multi-modal design, and better distinctions in
street design for different contexts.
▪ Refine open/civic space standards to become coordinating design elements (whether public,
common, or private), and identify different types of open spaces
▪ Clarify approach to required public improvements and utilities and ensure that proper capacity
analysis is done as new development occurs.
Chapter 4 Zone Districts & Uses
This chapter includes standards for the use of land and buildings in specific locations or districts;
organizes the community into distinct areas that correspond to long-range land use categories in the
comprehensive plan; and addresses compatibility through the scale, format, and types of permitted uses.
Recommended improvements include:
• Consolidating current Chapters 3 and 5, which each address some of the foundational elements of
the zone districts.
• Review the current use table for better distinctions between uses (based on either scale, format, or
type), and/or consolidate some uses in to general categories where there are no important
distinctions;
• Incorporate revised approach to Limited Use Permits and Temporary Use Permits (removing them
form a specific process in Chapter 2; relay on the site improvement plan process; and then
incorporate the use-specific standards, performance criteria, or conditions in this chapter0
Chapter 5 Residential Development & Design
This chapter includes standards for the design and construction of residential development, including lot
and building standards for a range of residential building types and design standards to allow buildings to
contribute to common characteristics of neighborhoods, such as streetscape and frontage design,
building design, and open space design
Recommended improvements include:
▪ Coordinating all development and design standards for residential development in one chapter;
▪ Strengthening the “building type” elements of the current code and shifting entirely to a building type
approach (standards keyed to each building type, and then different zone districts can enable a range
of compatible types). Based on public engagement and Steering Committee direction this includes
o Broadening the applicability of ADUs to all R-1 districts (currently just R-1-C) DRAFTPage 87 of 191
DEVELOPMENT CODE UPDATE
DEVELOPMENT CODE FRAMEWORK
June 10, 2022 3
o Allowing small lot detached houses in some districts to have another option of small-scale,
moderate density building types. (provisional in R-1 districts; permitted in R-2 districts)
o Improving options for small-scale, multi-unit building types in R-2 districts (this involves allowing
more units but maintaining or even reducing the allowable unit sizes.)
o Refining approaches to larger-scale apartment and mixed-use buildings in the MU-R-3 districts.
▪ Broadening the applicability of the design standards to all buildings, but simplifying the standards to
focus on three key elements:
o Frontage types – addressing building placement, lot access, and balancing car-oriented vs.
human-scale features (currently addressed in various lot coverage, garage or parking standards)
o Building design – addressing the scale, massing, and any other architectural features of buildings
that are important (currently addressed in the bulk plane standards)
o Open Space – coordinating the design of unbuilt portions of the site as both usable space and
creating good transitions to adjacent property. (Currently addressed by setback, lot coverage or
landscape standards)
Chapter 6 Nonresidential Development & Design
This chapter includes standards for the design and construction of nonresidential development, including
lot and building standards for nonresidential districts and design standards that focus on how projects
relate to their specific district, block, and site, such as streetscape and frontage design, building design,
and open space design.
Key recommendations in this chapter are similar to those in the residential chapter, but addressing the
scale, format and design issues for mixed-use or other nonresidential development. Like the residential
chapter, this involves organizing many of the topics already regulated in the code but addressing them in
a manner that allows more context-specific application for how sites and buildings relate to the block,
adjacent property, and the public streetscape.
Chapter 7 Access & Parking
This chapter includes standards to improve access for various modes of transportation, including
pedestrian, bicycle, and vehicles; balance potential competing interests associated with streetscape
design, access (curb-cuts and driveways, sidewalks, or other paths / trails), parking, and internal
circulation and mobility; and reduce negative impacts of these areas on streetscapes and adjacent
property.
Recommended improvements include:
▪ Break this topic into its own chapter for better organization and emphasis on design issues;
▪ Broaden the topics to coordinate more aspects of transportation and site design in context – including
pedestrian, bicycle, and transit access as appropriate;
▪ Increase and/or streamline flexibility for “right-sized parking” and allow more options by default or
through administrative adjustments, as apposed to the current process- and documentation-intensive
alternative parking plans.
▪ Promote many of the sustainable practices associated with parking design, including landscape
design and electric vehicle parking considerations.
Chapter 8 Landscape Design
This chapter includes standards for the design of unbuilt portions of sites, addressing living landscape
and aesthetics, functional and environmental benefits, and promote better relationships of projects to the
surroundings.
Recommended improvements include:
▪ Break this section into its own chapter for better organization and emphasis on design issues; DRAFTPage 88 of 191
DEVELOPMENT CODE UPDATE
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June 10, 2022 4
▪ Simplify and better organize requirements based on key functional components of sites –
streetscapes, frontages, building/foundation areas, parking, or other areas that need buffering or
screening.
▪ Emphasize important sustainability aspects regarding water use, stormwater performance, passive
heating/cooling, and coordination with any on-site renewable energy facilities.
Chapter 9 Signs
This chapter includes standards for any sign on property that is potentially visible from the right-of-way,
public areas, or adjacent sites,
Recommended improvements are intended to primarily be non-substantive and merely organizational to
allow easier interpretation and administration. These include:
▪ Break this section into its own chapter for better organization;
▪ Categorize signs into a few general sign types with basic standards for each type (size, quantity,
location)
▪ Allocate a sign allowance based on the scale of sites and buildings;
▪ Address specific design standards for some sign types.
Although no substantive changes are intended initially, in the course of simplifying and ensuring a
“content neutral” sign code, some changes in outcomes could occur.
Chapters 10 Floodplain;11 Telecommunications;, and 12 Historic Preservation
The changes in these chapters are non-substantive and are only organizational or to simplify and clarify
wording, or otherwise integrate existing sections into the new format.
Chapter 13 Definitions
The changes in this chapters will primarily correspond to changes in other chapters and will likely involve:
▪ Coordination with any changes or different approaches to the use table and the description of uses.
▪ Elimination of defined terms (purging) from either a “plain language” approach or by eliminating
conflicting or duplicating terms.
▪ Adding definitions for new “terms of art” in substantive changes in the code.
This chapter will be addressed last, when approaches and terminology are nearly final.
DRAFTPage 89 of 191
DEVELOPMENT CODE UPDATE
DEVELOPMENT CODE FRAMEWORK
June 10, 2022 5
Proposed Summary of Contents
Chapter 1: General Provisions
16-1-1 Title
16-1-2 Authority & Jurisdiction
16-1-3 Purposes
16-1-4 Applicability
16-1-5 Administration
16-1-6 Interpretation
16-1-7 Severability
16-1-8 Nonconformities
16-1-9 Enforcement
Chapter 2 Applications & Procedures
Table 2-1 Summary of Applications and Procedures
16-2-1 General – All Applications
16-2-2 Text Amendment
16-2-3 Map Amendment (Rezoning)
16-2-4 Specific Plan (Regulating Plan)
16-2-5 Planned Unit Development (PUD)
16-2-6 Site Improvement Plan
16-2-7 Major Subdivision Plat
16-2-8 Minor Subdivision Plat
16-2-9 Conditional Use Permit
16-2-10 Zoning Variance
16-2-11 Administrative Adjustment
16-2-12 Appeals
16-2-13 Vested Rights
Chapter 3 Community & Subdivision Design
16-3-1 Intent
16-3-2 Applicability
16-3-3 Street & Block Patterns
16-3-4 Street Design
16-3-5 Civic & Open Space Design
16-3-6 Required Improvements
Chapter 4 Zone Districts & Uses
16-4-1 Establishment of Districts
16-4-2 Allowed Uses / Use Table
16-4-3 Use-Specific Standards
16-4-4 Accessory Uses
16-4-5 District Performance Standards
Chapter 5 Residential Development & Design
16-5-1 Intent
16-5-2 Applicability
16-5-3 Development & Dimension Standards
16-5-4 Residential Design Standards
16-5-5 Attainable Housing Guidelines
16-6-6 Sustainable Sites & Building Guidelines
16-6-7 Neighborhood Protection Overlay
Chapter 6 Nonresidential Development & Design
16-6-1 Intent
16-6-2 Applicability
16-6-3 Development & Dimension Standards
16-6-4 Frontage Design
16-6-5 Building Design
16-6-6 Open Space Design
16-6-7 Sustainable Sites & Building Design
Chapter 7 Access & Parking
16-7-1 Intent
16-7-2 Applicability
16-7-3 Access & Circulation
16-7-4 Required Parking
16-7-5 Parking Design
16-7-6 Alternative Parking Plan
Chapter 8 Landscape Design
16-8-1 Intent
16-8-2 Applicability
16-8-3 Landscape Requirements
16-8-4 Plant Specifications
16-8-5 Fences & Walls
Chapter 9 Signs
16-9-1 Intent
16-9-2 Applicability
16-9-3 Exempt Signs
16-9-4 Sign Allowances
16-9-5 General Standards – All Signs
16-9-6 Standards for Specific Signs
16-9-7 Alternative Compliance
Chapter 10 Floodplain Regulations
Chapter 11 Telecommunications
Chapter 12 Historic Preservation
Chapter 13 Definition
16-13-1 Description of Uses
16-13-2 Definitions
DRAFTPage 90 of 191
DEVELOPMENT CODE UPDATE
INITIAL DRAFT SECTION MAPS
December 2022 1
ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 4 – ZONE DISTRICTS & USES
Proposed Section Current Code References Notes
16-4-1 Establishment of Districts
A. Zone Districts & Intent
B. Official Zoning Map
16-1-8 Official Zone District Map
16-3-1 Zone Districts; General Provisions
16-3-2 District Uses
Updated intent statements to emphasize distinctions between districts, create relationships to
supporting districts, and more specifically connect to policies of the comprehensive plan.
Removed official zoning map provisions addressed elsewhere in code: (Amendments – 16-2-3
Rezoning section in Procedures chapter; Boundaries – 16-1-6.D in Interpretation section of General
chapter.
16-4-2 Permitted Uses
A. Use Table 16-5-1 Use Regulations; Table of Allowed Uses Intent is the enable all of the same uses as previously allowed under the current code, except for
some strategic changes or updates to correspond with prior policy or interpretation issues. The
following are specific changes in the approach>
• Overall, generalize and simplify uses and use categories. This is done for two reasons: (1) to
eliminate interpretation issues, overlapping uses, or distinctions with no differences (i.e. where
multiple similar uses were enabled in the same manner and same districts); and (2) to provide
more flexibility and mixing of uses due to the stronger emphasis on scale, form, and design in
the development standards
• Many uses were combined into more general categories
• Several uses were distinguished more by scale, intensity or format (small, general large) to
allow better refinement between different districts. Where this was done it was based on
existing provisions that already used this strategy, although not as a comprehensive system,
and/or based on a windshield survey of existing building formats and footprints.
• This also allowed for some limited expansion of some uses at the lowest intensity range into
districts that already allowed a mix of uses
• Other specific changes to note:
o Live / work dwelling s in MU-R-3-A and B (smaller scale mixed-use building where larger
scale mixed use buildings already permitted
o Addition of “boarding house – general to correspond with current boarding house
(recharacterized as limited) – allowed as conditional use for districts that already allow
similar larger scale residential buildings
o Expanding tattoo and body piercing into MU districts based on prior policy direction
o Adding “limited / artisan” manufacturing use for introduction of small shops / studios into
mixed-use districts
16-4-3 Specific Use Standards
A. Residnetial Uses
B. Commercial Uses
16-5-2 Use Specific Standards • Generally, Simplified and rephrased some standards to either clarify with no substantive changes
or coordinate with standards addressed by other sections/approaches in the code update.
• Eliminated some sections that were either ineffective (no substantive standard or restatement of
other standards) or were better addressed in other sections of the code)
• Manufactured Homes - Broaden application of conventional manufactured home park to other
small-format housing communities; lowered the thresholds for projects (minimum area/maximum DRAFTPage 91 of 191
DEVELOPMENT CODE UPDATE
INITIAL DRAFT SECTION MAPS
December 2022 2
ENGLEWOOD DEVELOPMENT CODE: SECTION MAP
CHAPTER 4 – ZONE DISTRICTS & USES
Proposed Section Current Code References Notes
density); and improved community design standards consistent with other approaches to
residential generally. [Note: distinction of category as a particular type of land use (mfdg home
community) vs. construction type (building a detached house through off-site assembly)
• Other changes to correspond with use table updates descripted with Section 16-4-1.
16-4-4 Accessory Uses • 16-5-4 Accessory Uses
• 16-5-5 Temporary Uses
• 16-5-6 Short Term Rentals
Primiarly reorganization of sections to address all accessory uses with the following substantive
changes.
• Emphasize that a large number of “accessory uses” are possible even if not listed in the code,
provided they can meet basic performance standards and the threshold of “subordinate to and
customarily associated with”a permitted principal use.
• Expanded application of ADUs (more districts, ADUs with 2-4 unit builidngs, multiple ADUs on
larger lots)
• Added drive-through services as an accessory use (rather than limiting it a s use to only
certain districts or allow as CUP/PUD). In association with this approach, increased site
design standards are included and context limits that corresponds with the street design types
in Chapter 3 are included (i.e. drive-throughs are prohibited on pedestrian orineted streets or
have to be served off an alley or side street).
• Integrated temporary uses into this section as a version of an accessory use and simplified
some of the permitting and standards, with minimal substantive changes.
16-4-5 District Performance
Standards 16-6-12 Operating Standards Expanded the “performance standards” to apply to more situations (i.e. “good neighbor” standards on
noise, light, or other impacts), and expanded application to more districts (16-6-12 focuses primarily
on industrial districts) – corresponding with the distinctions in intensity of use and activity between
districts. Associated with a more flexible approach to land use, and an elevated emphasis on scale,
form, and design, these standards can serve as a guard against unintended consequences from
incompatible situations. It is coordinated with other “anti-nuisance” and code enforcement provisions
of the Municipal Code, but allows refinement of those standards by zone district (Note: they are
typically uniform, city-wide standards).
Relocated Section 16-4-2.E Use Specific Standards; Neighborhood
Preservation Overlay Uses
This section was relocated to 16-5-7 Neighborhood Preservation Overlay to include it with other
similar topics on residential development and design. There areno changes to the current standards.
Eliminated Section 16-5-3 Adaptive Reuse of Designated Historical
Buildings
This section will be relocated to Chapter 12, the chapter that is reserved all historic preservation
issues and standards, along with current Section 16-6-11 Historic Preservation The revisions to that
section are being address through a separate parallel process.
DRAFTPage 92 of 191
4 ZONE DISTRICTS & USES
16-4-1 ESTABLISHMENT OF DISTRICTS
Initial Draft Title 16: Englewood Development Code
December 2022 4-1
Chapter 4 Zone Districts & Uses
16-4-1 Establishment of Districts
16-4-2 Permitted Uses / Use Table
16-4-3 Specific Use Standards
16-4-4 Accessory Uses
16-4-5 District Performance Standards
16-4-1 Establishment of Districts
A. Zone Districts & Intent. To carry out the purposes of this code, The following districts are
established to carry out the purposes of this code, and have the intent and applicability given to
each district expressed through the urban design character, development patterns, and the types
or intensity of uses and buildings.
Table 16-4-1: Zone Districts & Intent
Zone Districts Intent
One-Dwelling Residential
▪ R-1-A
▪ R-1-B
▪ R-1-C
The R-1 districts provide residential living in neighborhoods of primarily low-scale detached houses,
and include sub-classifications of -A, -B, and -C with graduated intensity of development reflected
by the minimum required lot sizes. Access to supporting services and uses is accommodated by
integrating civic uses such as schools, churches, parks, and other public facilities, and by transitions
to other complimentary commercial and mixed-use districts. The R-1 districts are appropriate
throughout the city as basic fabric for most neighborhoods
One- & Multi-Dwelling Residential
▪ R-2-A
▪ R-2-B
The R-2 districts provide residential living in mixed-density neighborhoods with a mix of detached
houses and small-scale, multi-unit buildings, and includes sub-classifications of -A and -B with
graduated intensity reflected in a wider range and broader application of different building types.
These districts integrate diverse of housing options into neighborhoods and provide a critical mass
of dwellings to support walkable patterns for nearby commercial centers and corridors. These
districts are most appropriate at transitions between commercial or employment centers or along
major or minor corridors within neighborhoods.
Mixed-use Residential / Limited Office
▪ MU-R-3-A
▪ MU-R-3-B
▪ MU-R-3-C
The MU-R-3 districts provide residential living in moderate- to high-density mixed-use
neighborhoods in compact, walkable, and transit-served settings. It includes a broad range of
moderate- and large-scale residential or mixed-use building types, and the sub-classifications of -A,
-B, and -C reflect distinctions in building height, intensity, and mix of uses. These districts are most
appropriate on major corridors, and transitions to larger-scale commercial and employment areas,
or in and around transit stations.
Mixed-Use
▪ MU-B-1 Central Business
▪ MU-B-2 Arterial Business
▪ M-1 Medical / Office / Residential
▪ M-2 Medical / Office / Residential
/ Limited Retail
The MU-B and M districts are primarily commercial in nature, or mixed-use with commercial and
service emphasis, but may incorporate residential or other complimentary non-residential uses
typically on upper floors of mixed-use buildings. They are broken into the following sub-
classifications:
▪ MU-B-1 is the central business district of Englewood, characterized by a relatively small area
with a concentration of diverse commercial, service, entertainment, institutional and
employment uses with a regional draw. The compact, walkable, and urban setting provides
active uses and civic spaces for 18 to 24 hours of the day.
▪ MU-B-2 is a mixed use district applied to major corridors of Englewood to provide retail and
services to support surrounding areas and neighborhoods.
▪ M-1 allows hospital and medical uses as a major service and employment hub for the city, and
supporting hospitality, office, and high-density residential uses.
▪ M-2 is similar to the M-1 district but allows the addition of limited retail as a principal land use.
Commented [CB1]: Updated the intent statements to
reflect some changes, better coordinate with the plans,
and make some distinctions between districts. DRAFTPage 93 of 191
4 ZONE DISTRICTS & USES
16-4-1 ESTABLISHMENT OF DISTRICTS
Initial Draft Title 16: Englewood Development Code
December 2022 4-2
Table 16-4-1: Zone Districts & Intent
Zone Districts Intent
Industrial
▪ I-1 Light Industrial
▪ I-2 General Industrial
The I districts are primarily manufacturing and distribution uses in a scale, intensity, or format that is
difficult to integrate with mixed-use areas, and includes subclassifications -1 and -2 distinguishing
more intense, hazardous, or impacting uses in the I-2 district. These uses may require special
siting or location considerations due to transportation needs, material storage, or impacts from
operations such as noise, dust, odors requiring site design mitigation. These districts are most
appropriate with access to regional freight routes that minimize impacts of traffic and larger vehicles
throughout neighborhoods or other mixed-use areas.
Special Purpose Districts
▪ PUD Planned Unit Development
▪ M-O-2 Medical Overlay
▪ NPO Neighborhood Preservation
Overlay
Special purpose district includes areas of the city that requires specific planning to address unique
development and design issues. These may facilitate development projects based on a focused
planning effort or address specific policies or topics for a general area. Examples include “planned”
zoning districts that modify the base district standards or “overlay” districts that either blend areas of
different zoning to create compatibility, or separate areas of the same zoning to emphasize
distinctions.
B. Official Zoning Map. The designations and boundaries of the districts are shown on the Official
Zoning Map(s) adopted by Ordinance No. 5, Series of 2003/2004, and on file with the Planning
Department. The official map, all amendments, and notations and reference on the map are
incorporated as part of this ordinance, except that the City may create representative copies for
convenience, clarification and reference. Electronic copies and files of this map shall reference
the “Official Copy” on file with the Planning Department, but any copy should be verified with the
Department before materially relying on any electronic or other representative copy of the map .
16-4-2 Permitted Uses
A. Use Table. To implement the intent of each zoning district, facilitate compl ementary transitions
between districts, and to regulate a variety of compatible uses within zon e districts each district is
permitted the uses indicated in Table 16-4-2. The table identifies uses as:
1. Permitted uses (P) subject to general district and building standards and review
procedures.
2. Conditional uses (C) subject to the review process and criteria for a Conditional Use
Permit in Section 16-2-9.
3. All uses listed in the table (whether P,or C), or more specific types of uses generally
enabled in the table, may be subject to specific standards or limits in Section 16 -4-3,
Specific Use Standards
4. Other accessory or temporary uses not listed in the table may be permitted according to
the standards of Section 16-4-4, Accessory Uses.
5. Uses in the table are more specifically described in Section 16-13-1, Description of Uses.
Where a proposed use is not generally listed or appears to meet the description of more
than one use type, the Director shall make an interpretation on the most equivalent
described use considering:
a. The similarity of the use in terms of scale, impact , and operations to other
described uses;
b. The typical building format and site design associated with the use based on
existing relevant examples; and
c. The potential contribution of the use to the intent of the zone district, and the
ability to complement and be compatible with other permitted uses , based on
typical formats and site designs.
Any uses that may not be interpreted as equivalent to a use in Table 16-4-2 is not
anticipated by these regulations and may only be allowed by a n amendment to the
development code.
Commented [CB1]: Updated the intent statements to
reflect some changes, better coordinate with the plans,
and make some distinctions between districts.
Commented [CB2]: Confirm city clerk v. planning
department (see 16-1-8) and coordinate with draft 16-
2-3.D Map Amendment, Effect of Decision DRAFTPage 94 of 191
4 ZONE DISTRICTS & USES
16-4-2 PERMITTED USES
Initial Draft Title 16: Englewood Development Code
December 2022 4-3
Table 16-4-2: Permitted Uses
Uses / Use Categories Residential Zone Districts Non-residential Zone Districts
Specific
Use
Standards
P = Permitted, subject to general district standards
C = Permitted, only by conditional use permit
discretionary review
= Blank means the use is not permitted R-1-A R-1-B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B MU-R-3-C M-1 M-2 MU-B-1 MU-B-2 I-1 I-2 Residential Uses
Household
Living
One-unit Dwelling P P P P P P P P P P
Multi-unit Dwelling P P P P P P P P P
Live / Work Dwelling P P P P P P P 16-4-3.A.1.
Mfgd. / Small Format Home Community P 16-4-3.A.2.
Group Living
Group Home - Small P P P P P P P P P P P P 16-4-3.A.3.
Residential Care – Limited C C C C C P P 16-4-3.A.4.
Residential Care – General C C P P 16-4-3.A.4.
Residential Care - Institutional C C
Boarding House – Limited (2-4 rooms) C C C C C C C
Boarding House – General (5+ rooms) C C C C C
Public / Institutional Uses
Assembly
Neighborhood (< 300 capacity / < 1 ac.) P P P P P P P P P P P P P P
Community (300–600 capacity / 1–5 ac.) P P P P P P P P P
Auditorium (600+ capacity / 5+ acre) P P P P
Civic &
Institutional
Buildings
Government and City P P P P P P P P P P P P P P
Library, public P P P P P P P P P P P P
Museum, cultural P P P P P P
School P P P P P P P P P P P P
Park and
Open Space
Athletic Field C C C C C C C C P P
Community garden C C C C C C C C C C
Park, Trail, Civic Space (See 16-3-2) P P P P P P P P P P P P P P
Telecom.
Alternative Tower Structure P P P P P P P P P P P P P P
Antenna P P P P P P P P P P P P P P
Tower Structure C C C C C C C C C C C C P P
Utilities Utility Major P P
Utility – Minor (principal use) C C C C C C C C C C C C C C
Commercial Uses
Adult Use P P 16-4-3.B.1.
Animal Care /
Sales
Limited - <2K – no boarding P P P P P
Small - 2K – 10K or limited boarding) P P P P
General - >10K or boarding P P P
Animal Shelter P P
Entertainment
& Recreation
Indoor / Limited (< 10K) P P P P P
Indoor / General (10-20K+) P P P P
Indoor / Large – 20K+ C C C C
Outdoor C C C
Food &
Beverage
Service
Restaurant – Limited (< 2K) P P P P P P
Restaurant – Small (2K +) P P P P P
Restaurant – Take-out / Delivery Only P P P
Brew Pub P P P P
Caterer P P P P
Commented [CB3]: This table generally reflects the
current use table [16-5-1] except the following:
- some uses were generalized more. This occurred
where either (1) multiple similar uses were enabled in
the same manner with no distinctions; (2) standards for
a specific use were better addressed by form / format
standards in the in other Chapters of the updated code;
- some uses were more specifically limited by scale /
intensity to correspond with the approach to the form /
format standards and to create better distinctions
between zone districts; or
- to clear up conflicts or interpretation issues.
See Use Table Worksheet for more specific tracking of
these changes. DRAFTPage 95 of 191
4 ZONE DISTRICTS & USES
16-4-2 PERMITTED USES
Initial Draft Title 16: Englewood Development Code
December 2022 4-4
Table 16-4-2: Permitted Uses
Uses / Use Categories Residential Zone Districts Non-residential Zone Districts
Specific
Use
Standards
P = Permitted, subject to general district standards
C = Permitted, only by conditional use permit
discretionary review
= Blank means the use is not permitted R-1-A R-1-B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B MU-R-3-C M-1 M-2 MU-B-1 MU-B-2 I-1 I-2 Lodging
Bed & Breakfast P P P
Hotel P P P P P
Hotel – Extended Stay P P P P
Marijuana
Uses
Medical Marijuana Center P P P P P 16-4-3.B.8.
Med. Marijuana Premises Cultivation P P
Med. Marijuana Infused Products Mfgr. P P
Medical
Service
Limited - < 10K s.f. P P P P P P P P P
General – 10K – 30K s.f. P P P P P P P P
Large – Hospital Complex –30K+ s.f. P P P P P
Office
Limited (<10K or < 33% of MU project) P P P P P P P P P
General (10K – 30K) P P P P P P P P
Large (30K+) P P P P P P
Personal
Service
Limited (<2K or < 33% of MU project) P P P P P P P P P
Small 2K – 10K P P P P P P
General (10K -20K) P P P P P
Large (>20K) C C P P
Personal
Service -
Other
Massage Therapy P P P P P P P
Crematorium C
Mortuary P P
Tattoo & Body Piercing P P P P
Temporary Employment Business C C 16-4-3.B.7.
Check cashing Facility P P P P
School / Trade school P P P P P
Studio (broadcasting, recording) P P P P
Dependent care C C C C C P P P P P P P
Retail
Limited (<2K or <33% of MU projects) P P P P P P
Small (2K-10K) P P P P P
General (10K-20K) P C P P
Large (> 20K) C C P P
Retail Grocery Store
Small (< 20K) P P P P P
General (20K – 50K) P C P P
Large (50K +) C C
Retail &
Sales- Other
Consignment store – Large P P P P
Consignment store - Small P P P P P
Retail – Outdoor & Equipment Sales C P P
Green House / Nursery P P
Auction house P P P
Internet Sales Location P P P P
Pawnbroker P P 16-4-3.B.6.
Automobile Gas & Service Station P P P 16-4-3.B.2.
Automobile Repair - Limited P P P 16-4-3.B.3..
Commented [CB3]: This table generally reflects the
current use table [16-5-1] except the following:
- some uses were generalized more. This occurred
where either (1) multiple similar uses were enabled in
the same manner with no distinctions; (2) standards for
a specific use were better addressed by form / format
standards in the in other Chapters of the updated code;
- some uses were more specifically limited by scale /
intensity to correspond with the approach to the form /
format standards and to create better distinctions
between zone districts; or
- to clear up conflicts or interpretation issues.
See Use Table Worksheet for more specific tracking of
these changes. DRAFTPage 96 of 191
4 ZONE DISTRICTS & USES
16-4-2 PERMITTED USES
Initial Draft Title 16: Englewood Development Code
December 2022 4-5
Table 16-4-2: Permitted Uses
Uses / Use Categories Residential Zone Districts Non-residential Zone Districts
Specific
Use
Standards
P = Permitted, subject to general district standards
C = Permitted, only by conditional use permit
discretionary review
= Blank means the use is not permitted R-1-A R-1-B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B MU-R-3-C M-1 M-2 MU-B-1 MU-B-2 I-1 I-2 Vehicle &
Equipment
Uses
Automobile Repair - Body Shop P P
Automobile, RV, Equip. Sales / Rental C P P 16-4-3.B.4
Automobile Pawn Broker P P P 16-4-3.B.6.
Car Wash and Automobile Detailing C L L 16-4-3.B.5.
Com. Public Parking (Surface/Structure) C C C C C C P P
Manufacturing / Industrial Uses
Wholesale – Sales & Distribution P P
Industrial
Service
Contractors Office & Fleet Services C P P 16-4-3.C.1.
Industrial Service, Light P P
Industrial Service, Heavy P
Vehicle / Fleet Maintenance Facility P P
Manufacturing
Limited / Artisan P P P P P 16-4-3.C.2.
Brewery, Distillery, or Winery C C C P P 16-4-3.C.3.
Manufacturing - Light P P
Manufacturing - Heavy P
Warehouse /
Storage
Fuel Storage (principal use) L
Indoor Storage P P
Outdoor storage P P 16-4-3.C.4.
Waste /
Salvage
Automobile Wrecking / Salvage Yard C P 16-4-3.C.5.
Commercial Incinerator C
Hazardous Waste Handling C C 16-4-3.C.6.
Recycling Operation, Enclosed P P 16-4-3.C.7.
Recycling Operation, Unenclosed C C 16-4-3.C.7.
Sanitary Service C
Waste transfer Station C C
Accessory Uses
General Accessory Uses A A A A A A A A A A A A A A 16-4-4.A.
Accessory Dwelling Unit A A A A A A A A A A 16.4-4.B.
Home Occupation A A A A A A A A A 16-4-4.C.
Home Care A A A A A A A A A A 16-4-4.D.
Short Term Rental A A A A A A A A A A A 16-4-4.E
Minor Utility Facility A A A A A A A A A A A A A A 16-4-4.A..
Outdoor Storage, Residential A A A A A A A A A A 16-4-4.F.
Drive Through Facilities A A A 16-4-4.G.
Outdoor Display and Service Area A A A A A A 16-4-4.H
Medical Marijuana Optional Premises Cultivation A A A 16-4-4.I.
Medical Marijuana Infused Products Manufacturer A A A 16-4-4.I.
Caretaker’s Quarters A A A A A A 16-4-4.A.
Dormitory A A A 16-4-4.A
Temporary Uses A A A A A A A A A A A A A A 16-4-4.I.
Commented [CB3]: This table generally reflects the
current use table [16-5-1] except the following:
- some uses were generalized more. This occurred
where either (1) multiple similar uses were enabled in
the same manner with no distinctions; (2) standards for
a specific use were better addressed by form / format
standards in the in other Chapters of the updated code;
- some uses were more specifically limited by scale /
intensity to correspond with the approach to the form /
format standards and to create better distinctions
between zone districts; or
- to clear up conflicts or interpretation issues.
See Use Table Worksheet for more specific tracking of
these changes. DRAFTPage 97 of 191
4 ZONE DISTRICTS & USES
16-4-3 SPECIFIC USE STANDARDS
Initial Draft Title 16: Englewood Development Code
December 2022 4-6
16-4-3 Specific Use Standards
The following uses may have impacts different than those generally enabled in the zoning districts, and
have standards specific to the use. These standards shall be met whether the use is a generally
permitted use, limited use, or conditional use accordin g to Table 16-4-2. The uses in this section may
include more specific types or formats of the uses generally enabled in Table 16 -4-2.
A. Residential Uses.
1. Live-Work Dwelling. In districts where Live / Work Dwellings are enabled, they shall meet
the following standards and conditions to be compatible with the context.
a. Commercial uses shall be limited to those uses that are otherwise enabled in the
district.
b. Any commercial activity shall occur on the ground floor and be directly accessible
from the adjacent public street, sidewalk, or other public space or publicly
accessible common area.
c. Commercial activity, and any accessory assembly, production of fabricatio n shall
be scaled and operated in a way that is compatible with other residential uses in
the area.
d. The commercial occupancy shall not be considered accessory to the residential
dwelling, and therefore not subject to the accessory home occupation standa rds.
However, the resident and the principal occupant of the commercial area shall be
the same and the commercial occupancy shall be limited to no more than 50% of
the building. Any greater percentage shall be treated as a mixed use or multi -
unit building.
2. Manufactured & Small Format Home Community . In districts where Manufactured &
Small Format Home Communities are enabled, they shall be subject to the following
specific standards.
a. Community Plan. All applications shall be supported by a comm unity plan,
reviewed according the procedures and criterial of Planned Unit Developments in
Section 16-2-5.
b. Development Standards. Except as otherwise modified through a development
plan according to the approval procedures and criterial in 16 -2-5, the general
development standards for manufactured and other small format home projects
are included in Table 16-4-3.
Table 16-4-3: Small Format Housing Development Standards
Project Amount of Bonus Units Above Base Density
Project Size
3 acres minimum,
200’ minimum frontage an arterial or collector
Exception: The Director may recommend a plan for as small as 1 acre and 100 feet of public street frontage if the
plan demonstrates exceptional community design and layout for the common areas within the community, a high-
quality and well-designed housing concept, and special attention to integrating and relating the project to
surrounding areas.
Project Intensity
12 units per acre, maximum
Exception: Up to 18 units per acre for any project with more than 25% of the project area designed as useable open
space according to subsection 3.c.
Perimeter Setbacks 25’ minimum from any street boundary; 20’ from any property boundary
(see Article 8 – Level II Buffer for any perimeter area not fronting on a public street.
Common Areas
Street & Circulation
Networks Maximum block sizes is 2 acres or 40 home sites, whichever is less
Commented [CB4]: Simplification of many current
standards [15-5-2-A.3.] but without losing substance.
Also broadened to other small-format housing options
beyond the conventional manufactured home park (i.e.
manufactured home park, tiny home village, or
courtyard housing project larger than otherwise
enabled for general infill…) This additional applicability
is in exchange for increased community design
requirements that build on other concepts in the code
update (street design, open space, home site
frontages, etc.) and could help improve the projects
internally and for integrating into surrounding areas.
Note: it is still only enabled in the I-1 district per current
use table DRAFTPage 98 of 191
4 ZONE DISTRICTS & USES
16-4-3 SPECIFIC USE STANDARDS
Initial Draft Title 16: Englewood Development Code
December 2022 4-7
Table 16-4-3: Small Format Housing Development Standards
Blocks may be shaped by streets and walkways, interna paths, and trails, or other common open spaces
Useable Open Space 200 s.f. per unit, or 15% minimum, whichever is greater
Home Sites
Lot Size
1,500 s.f.
Exception: 1,200 s.f. minimum for any project with more than 25% of the project areas designed as useable open
space designed according to subsection 3.c.
Lot Width
25’ minimum,
Frontage shall be on a public street, common internal street, or common open space with street access at the rear of
the site.
Setbacks
Front: 10’ from the lot/home site line, or 15’ from the edge of the internal street, whichever is greater
Side: 5’, or 3’ minimum with 10’ between buildings.
Rear: 10’
All buildings shall meet the project perimeter setback.
Height 30’ maximum
Site Design
Each home site shall have a private patio, courtyard, or similar outdoor amenity of at least 160 square feet, and at
least 10’ wide. Any structure associated with this outside amenity may be located within 3 feet of the lot or home
site boundary.
Each home site may have an accessory storage building up to 160 square feet, up to 8 feet tall. The accessory
storage building shall be set back at least 40 feet from any public or internal street, or behind the dwelling unit.
Accessory buildings shall be separated by at least 5 feet from any other structure.
Parking
Each home site shall have at least one on-site parking space, and at least one excess or guest space within 200 feet
of the unit. The excess or guest space may be “on-street” where streets are designed for parking or in a common
parking lot.
c. Common Areas. All common areas not dedicated as home sites according to the
development standards, shall be designed as part of the public realm for the
plan. This space shall be allocated to:
(1) Internal vehicle circulation for the community, laid out to provide
connectivity and continuity through the community and organize the
project into blocks and lots so that all home sites and lots are served by
streets. There shall be at least:
(a) One external connection for projects under 25 dwelling units.
(b) Two external connections for projects between 25 and 100
dwelling units;
(c) One connection for every 50 dwelling units for projects over 100
dwelling units.
(2) Internal roadways shall generally mimic the public streetscape standards
in Section 16-3-1.C. and be:
(a) 18 feet where no parking is permitted;
(b) 24 feet wide where parking is permitted on one side; and
(c) 28 feet wide where parking is permitted on both sides.
(3) Pedestrian connections shall be accounted for on all streets or at greater
intervals through an off-street trail or path system, including landscape
areas that mimic the public streetscape and open space standards in
Chapter 3. Walkways shall be:
(a) 5 feet wide generally; and
(b) 6 to 8 feet wide when directly accessing any common areas or
amenities.
(4) Useable open space shall meet one design types specified in Section
16-3-2 and designed and located in a manner that ensures adequate
accessibility for all units in the community. DRAFTPage 99 of 191
4 ZONE DISTRICTS & USES
16-4-3 SPECIFIC USE STANDARDS
Initial Draft Title 16: Englewood Development Code
December 2022 4-8
(5) At least one of these spaces shall include a c lubhouse, which is centrally
located, for recreation and meeting functions, laundry facilities, or other
common amenities. The clubhouse shall be at 2,500 square feet, or 10
square feet per dwelling unit, whichever is greater.
(6) A storm shelter shall be provided which may be included with the
clubhouse.
(7) A common storage and utility area shall be provided within the plan
including at least 100 cubic feet per unit, which may be private or
common storage. This area may be used for storage of large
equipment, recreational vehicles, maintenance, or other utility functions
for the community. This area shall be screened from the project and
from surrounding property according to the buffer standards in Chapter
8.
d. Building & Home Site Design.
(1) All dwellings shall have a front entry feature, such as a porch, stoop, or
outside patio relating the home site to the lot frontage or other common
open space upon which the dwelling is located.
(2) Parking spaces on a home site shall be located to the side or rear of the
dwelling. Home sites may include a carport, provided it remains open
and unenclosed on at least 75% of the perimeter, is no taller than the
dwelling unit, is no larger than 360 square feet, but in no case larger than
the dwelling unit.
(3) All structures are subject to the building code and require Certificate of
Occupancy prior to any occupancy.
(4) Any mobile home dwellings or similarly movable building types shall:
(a) Be secured to the ground by tie downs and ground anchors, and
otherwise protected against wind forces in accordance with the
applicable building code.
(b) Be skirted within 14 days after placement in the community by
enclosing any open area under the unit with a material that is
consistent with the exterior finish of the buildi ng and compatible
with the design of the community.
e. Landscape and Parking Design. The standards of Chapters 7 and 8 are
generally applicable to small-format and manufactured housing plans, except as
modified through a development plan approval procedures and criteria in this
code.
f. Utilities and Services. All homesites and any occupiable common structures
shall have utility services meeting the city’s construction and safety codes, and
any public utility commission requirements, including water, sanitary sewer, and
electricity.
(1) All transmission lines shall be underground.
(2) The project may have a single connection to public systems, similar to
other mule-unit building types and projects, except as provided in
subsection 2.h. for small format housing subdivisions.
(3) Private connection points at all home sites shall be desi gned to be
protected and decommission when not connected to a structure.
(4) The storage, collection and disposal of refuse shall be managed to avoid
health hazards, property maintenance issues, or other conditions which
endanger the health, safety or welfare. Service pickups shall be provided
similar to other multi-unit building types and projects.
g. Fire Protection Requirements. All projects shall meet the city fire code, including
the following specific provisions:
(1) All home sites and occupiable structures shall be within 500 feet of a fire
hydrant.
(2) Supplementary fire extinguishing equipment shall be provided. DRAFTPage 100 of 191
4 ZONE DISTRICTS & USES
16-4-3 SPECIFIC USE STANDARDS
Initial Draft Title 16: Englewood Development Code
December 2022 4-9
(3) Fire lanes shall be incorporated into the overall access and circulation
plan.
h. Small Format Housing Subdivisions. Each home site may be individually platted
if:
(1) All lots shall have public utility access as provided in Section 16 -3-6,
including public easements for access to each home site and all other
standards and criteria of the subdivision standards are me t;
(2) All dwellings are on a permanent foundation; and
(3) There are covenants and restrictions and associations assuring that
these provisions for the Development Standards, Common Areas,
Building Design and Utilities and Services, as demonstrated on a n
approved plan, will be maintained through a management entity or
common association.
3. Group Home - Small. In districts where group homes are enabled, they shall meet the
following standards and conditions to ensure they are integrated into neighborh oods,
have a non-institutional nature, and maintain the residential character of neighborhoods.
a. Group homes shall meet all of the residential design standards applicable in the
particular district, and any alterations to support the group living shall b e done in
a discrete way in accordance with those standards.
b. In the R-1 districts, no group home shall be located less than 650 from another
existing group home, except that the Director may waive the is requirement if
separated streets, parks, civic sp aces or other transitions that establish different
neighborhoods
c. (Group homes shall be supervised at all times, and may include up to 2 resident
care givers.
d. Group homes shall be licensed by, operated by, or owned by a governmental
agency or non-profit qualified to provide care and supervision.
e. Group homes shall not include alcoholism or drug treatment centers, work
release facilities or other housing facilities qualifying as residential care –
institutional.
4. Residential Care – Limited & General. In districts where Residential Care – Limited or
General are enabled, they shall meet the following standards and conditions to be
compatible with the context.
a. In the MU-R-3 districts, the use shall be located on a corner, collector street or
higher, or otherwise located as a transition between the neighborhoods and other
non-residential or mixed-use areas.
b. In the MU-R-3 and M- districts, the building and site shall meet all residential
design standards so that the use, building and site is com patible with the
neighborhood in terms of scale and intensity of activity.
c Any facilities necessary to serve the residents, guests or support the staff, that
are non-residential in nature shall be located on the most discrete portions of the
site and building, and otherwise designed and screened to mitigate impacts on
adjacent property according to Section 16-8-4.
B. Commercial Uses.
1. Adult Uses. In districts where adult uses are enabled, it shall comply with the following:
a. Adult entertainment or service facilities shall be separated at least 1,000 feet
from any other adult entertainment or service facility, whether inside or outside of
the Englewood city limits.
b. Any adult use shall be at least 500 feet from the boundary of
(1) Any R-1, R-2, or MU-R-3 district; DRAFTPage 101 of 191
4 ZONE DISTRICTS & USES
16-4-3 SPECIFIC USE STANDARDS
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(2) A manufactured home park or similar residential zone district in an area
adjoining the City of Englewood; or
(3) Any religious institution, public park, public library, community center, or
educational institution, whether within or without the City of Englewood.
c. Separation distance shall be measured by a straight line from the nearest point
of the property line of the proposed adult use, to the nearest point of the
boundary or property of the applicable use.
2. Automotive Gas & Service Station. In districts where automobile gas & service stations
are enabled, it shall comply with the following:
a. Major automotive repair, painting, body, and fender work is prohibited.
b. No displays, storage of merchandis e, service areas, or other equipment and
facilities shall be located closer than 20 feet from the street right -of-way line, and
all trash and refuse shall be stored in a building or within an area enclosed by a
wall or a solid fence, at least 6 feet high.
c. Vehicle circulation shall avoid potential pedestrian/vehicle conflicts on the site
and along the streetscape.
(1) Adequate stacking spaces for automobiles shall be provided on site and
outside of setbacks to eliminate any impact on public streets.
(2) Circulation, stacking and other access issues shall be designed in a
manner that has the least impact on pedestrians entering the principal
building from public streets and from internal pedestrian or parking
areas.
(3) No access or queuing area shall be provided between the building and
the street on any pedestrian oriented streetscape. (Mixed Use or
Pedestrian Street types in Section 16-3-4 or A Frontages in Section 16-
6-6-4). Use of alleys, internal access and the rear of buildings for service
areas is required to preserve the streetscape design and development
patterns of these areas.
d. All lighting shall be designed and located to confine direct rays to the premises.
e. Outside activities may include the sale of motor fuels. All other activities,
particularly auto repair, are prohibited outside of the main building.
f. The site shall comply with all landscape a nd screening standards in Chapter 8
and the following specific requirements:
(1) A 6 feet masonry wall shall be installed along property lines where the
use abuts residential districts or uses
(2) A Type 1 buffer shall be applied along all non-building street edges.
(3) All walls and screening shall otherwise meet sight distance requirements
g. The Director may require any drive-through service facility that does not clearly
meet these standards and criteria to be reviewed subject to the procedures for
conditional use permits in Section 16 -2-9.
3. Automobile Mechanic, Repair – Limited. In districts where automobile mechanic, repair –
limited is enabled, it shall comply with the following:
a. Motor vehicles being serviced or stored while waiting to be serviced or called for
shall not be parked on streets, alleys, public sidewalks, or parking strips.
b. All work shall be performed within an enclosed structure.
c. No materials or parts are deposited or stored on the premises outside of an
enclosed structure.
d. Any area subject to wheeled traffic or storage shall be screened from adjacent or
adjoining residential districts by an solid wall or fence, or other buffer that
completely screens this area according to the standards in Chapter 8.
4. Automobile, RV, or Equipment Sales / Rental. In districts where automobile, RV, or
equipment sales and rental are enabled, it shall comply with the following:
Commented [CB5]: Determine if CUP, Admin
Adjustment, or standard appeal of staff is best route. DRAFTPage 102 of 191
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a. All vehicles display, storage, and circulation areas shall be paved according to
city standards, and subject to all landscape, screening, drainage, and site design
standards of Chapter 8.
b. All parked or displayed vehicles shall be setback at least 6 feet from any lot line.
Any parking or display area permitted along a public street shall require a Type 1
buffer according to Section 16-8-4.
c. Areas for storage and display of inventory do no t need to be marked and are not
subject to the parking dimension standards in Section 16 -7-5.C.
d. Any other displays, storage of merchandise, service areas, or other equipment
and facilities shall be located closer than 20 feet from the street right -of-way line,
e. All lighting shall be designed and located to confine direct rays to the premises,
and not unreasonably disturb occupants of adjacent residential properties nor
interfere with traffic. Lighting facilities shall not exceed 25 feet high.
f. The site shall comply with all landscape and screening standards in Chapter 8
and the following specific requirements:
(1) A 6 feet masonry wall shall be installed along property lines where the
use abuts residential.
(2) A Type 1 buffer shall be applied along all non-building street edges
(3) All walls and screening shall otherwise meet sight distance requirements.
g. There shall be a minimum of 75 feet of frontage on a major collector or arterial
roadway. Frontage is based on the most significant adjacent roa dway. Frontage
on more than one major collector or arterial shall not be combined to meet
minimum frontage requirement.
5. Car Wash and Auto Detailing. In districts where car wash and auto detailing is enabled,
whether a principal use or accessory to anot her automobile service use, it shall comply
with the following:
a. A minimum of two parking spaces, or stacking areas, shall be provided on the
site for each washing stall.
b. The site shall be paved to the specifications of the City.
c. All wastewater shall be discharged into the sanitary sewer line after having been
run through a sand trap.
d. All lighting shall be designed and located to confine direct rays to the premises.
e. The site shall comply with all landscape and screening standards in Chapter 8
and the following specific requirements:
(1) A 6 feet masonry wall shall be installed along property lines where the
use abuts residential.
(2) A Type 1 buffer shall be applied along all non-building street edges
(3) All walls and screening shall otherwise meet sight distance requirements.
6. Pawnbroker / Automobile Pawnbroker. In districts where pawnbroker or automobile
pawnbroker are enabled, it shall comply with the following:
a. No pawnbroker or automobile pawnbroker use shall be located within 5,000 feet
from the location of another pawnbroker or automobile pawnbroker.
b. Pawnbrokers may operate only between 8 a.m and 10 p.m. Monday through
Saturday.
c. If a pawnbroker sells and displays weapons, all use -specific standards shall
comply with all applicable requirements of the Englewood Municipal Code in
addition to the following:
(1) It shall be unlawful for any pawnbroker or secondhand dealer, or any
other person engaged in the wholesale or retail sale, rental or exchange
of any weapons to display then in a window facing upon any street,
(2) Every pawnbroker, secondhand dealer, or other person engaged in the
sale, rental or exchange of any weapons keep a record of each weapon
purchased, sold, rented or exchanged at retail. The record shall be made DRAFTPage 103 of 191
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at the time of the transaction, including the name of the person to whom
or from whom such weapon is purchased, sold or rented, or with whom
exchanged; their age, physical description, occupation, residence and if
residing in a city, the street and number; the make, caliber and finish of
the firearm, together with any the number or serial letter; the date of the
purchase, sale, rental or exchange of the weapon; and the name of the
employee or other person making a purchase, sale, rental or exchange.
The record shall be open upon request at all reasonable times t o the
inspection of any duly authorized police officer of the City.
(3) It shall be unlawful for any person to purchase, sell, loan or furnish any
gun, pistol or other firearm in which any explosive substance can be
used, to any person under the influence of alcohol, or any narcotic drug,
stimulant or depressant, or to any person in a condition of agitation or
excitability or to any minor under the age of 18 years.
7. Temporary Employment Business. In districts where temporary employment businesses
are enabled, it shall comply with the following:
a. No temporary employment business shall be located withing 1,000 feet from the
boundary line of:
(1) Any residential zone district
(2) Any establishment selling alcohol by the package or drink; or
(3) Any public assembly or gathering facility.
8. Medical Marijuana. In districts where medical marijuana uses are enabled, it shall
comply with the following:
a. All medical marijuana uses shall comply with State regulations and City of
Englewood Licensing requirements.
b. Facilities in MU-B-1, MU-B-2, and M-2 zone districts: Cultivation and infused
product manufacturing uses are allowed only as accessory uses to a principal
medical marijuana center in the MU-B-1, MU-B-2, and M-2 districts, provided the
square footage of the total operation does not exceed five thousand (5,000)
square feet.
c. Medical marijuana optional premises cultivation operations shall not exceed
5,000 square feet.
d. Medical marijuana uses shall not be permitted as a home occupation.
C. Manufacturing & Industrial Uses
1. Industrial Service, Light; Contractors Office or Fleet Services; or Manufacturing, Light. In
districts where light industrial service, contractors office, fleet services uses, or light
manufacturing are enabled, it shall comply with the following:
a. The use is contained completely in an enclosed building; no outdoor storage or
activity is allowed.
b. The use does not produce any adverse noise, glare, odor, or vibration impacts
that are discernable to a reasonable person beyond the property lines of the use.
c. The building housing the use shall be designed to be compatible in terms of
scale, height, mass, and void-to-solid ratios with conventional commercial office
design.
2. Manufacturing – Limited / Artisan. In districts where limited / artisan manufacturing uses
are enabled, it shall comply with the following:
a. A retail or service use, such as a display room, sales area, or other sampling is
permitted as an accessory use to the manufacturing, or the manufacturing may
be accessory to an otherwise permitted sales or service use..
b. The total area of the facility is less than 10,000 square feet. DRAFTPage 104 of 191
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c. No byproducts such as smell, waste, smoke or noise results from the
manufacturing that is distinctly different or of greater intensity than the principal
use.
d. Traffic, customer, and shipping patterns and activities from the manufacturing
use are not distinctly different from the principal commercial use in terms of
intensity and hours of activity.
3. Breweries, Distilleries, Wineries, and Vintner’s Restaurants. In districts where breweries,
distilleries, and wineries are enabled, they shall comply with the following:
a. In the M-2, MU-B-1, and MU-B-2 districts these uses shall be permitted only in
conjunction with a restaurant, tavern, retails sales, or sales room locate on the
same premises as the manufacturing of the beverage.
b. In the M-2, MU-B-1, and MU-B-2 districts these uses shall not exceed 10,000
square feet.
c. An on premise sales room may be part of the principal use as long as the floor
area is less than 30% or 1,000 square feet, whichever is greater.
d. The use may include the sale of food for consumption on premises subject to
State Liquor Code requirements.
e. Additional conditions of the site improvement plan or conditional use permit may
be applied to ensure the use is designed and operated in a manner that does not
create nuisance impacts on surrounding uses.
4. Outdoor Storage. In districts where outdoor storage (principal use) uses are enabled, it
shall comply with the following:
a. The site shall not be surfaced with grass. The site shall comply with 11 -3-5 EMC
regarding storm drainage.
b. The site shall be maintained in good condition, free of weeds, dust, trash, and
debris.
c. The site shall be screened by a solid fence and a Type 3 buffer according to
Chapter 8 for any storage area visible from the right -of-way or adjacent
residential property.
d. No materials or supplies shall be stored above the level of the screening fence.
5. Automobile Wrecking/Salvage Yard. In districts where automobile wrecking / salvage
yards uses are enabled, it shall comply with the following:
a. The minimum lot size shall be 1.5 acres
b. The use shall comply with Chapter 10, Title 5, EMC.
c. The all outdoor storage areas shall be screened by a solid fence and a Type 3
buffer according to Chapter 8 for any storage area visible fr om the right-of-way or
adjacent residential property.
d. No shedding or crushing of vehicles shall be permitted.
6. Hazardous Waste Handling. In districts where hazardous waste handling uses are
enabled, it shall comply with the following:
a. Hazardous waste operations shall conform to all applicable State and Federal
requirements necessary for the operation of a hazardous waste facility.
b. Hazardous waste operations shall conform to all applicable City regulations.
c. Processing of hazardous waste shall be conducted entirely within an enclosed
structure. Storage of hazardous waste shall be contained entirely within an
enclosed structure or within an approved aboveground storage tank.
d. Hazardous waste operations shall be located a minimum of 500 feet from the
boundary line of any residential zone district, residential use, or park.
7. Recycling Operation. In districts where recycling operation uses are enabled, it shall
comply with the following: DRAFTPage 105 of 191
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a. Where permitted by right (Recycling Operation, Enclosed), the processing of all
materials shall occur within an enclosed structure. The storage of materials may
occur outside of the structure provided the storage is in a roll -off container, semi-
trailer, or similarly self-contained apparatus.
b. Where permitted as a conditional use (Recycling Operation, Unenclosed), the
permit shall be reviewed according to the following additional criteria in addition
to all other conditional use permit criteria:
(1) The use shall be established on a lot or parcel(s) of at least 1 contiguous
acre..
(2) The manufacturing and storage of all processed and unprocessed
materials shall be enclosed with a solid, opaque vertical wall or fence
with a maximum height of 8 fee on the parcel's f rontage and twelve feet
on the parcel's side and rear boundaries. Fences of woven plastic, wire,
or chain link shall be prohibited. Any outdoor storage area visible from
the right of way or residential property shall be screened with a Type 3
buffer according to Chapter 8.
(3) The stockpiling of all processed and unprocessed materials shall not
exceed the height of the screening wall or fence.
(4) No more than 75% of the parcel's total area may be utilized for the
storage of processed or unprocessed mate rials.
16-4-4 Accessory Uses
A. Accessory Uses, Generally. All principal uses may include accessory uses. All accessory
uses, and any accessory use not specifically mentioned in this section, shall be subject to the
following general standards:
1. The use and any structure is clearly incidental and subordinate to an allowed use and
customarily associated with the allowed use.
2. The use is on the same lot as an active principal use.
3. The use is operated and maintained under the same ownership, or by the same lessee,
as the principal use.
4. The use and any structures or other site design elements meet t he generally applicable
dimension, development and design standards applicable to the lot.
5. The use is compatible with the general character of the area and comparable in scale
and intensity to other uses in the vicinity.
6. No use or structure may be constructed, maintained, or conducted in a way that produces
noise, vibration, noxious odor or material, any visible light, glare , or other visible impacts
that are harmful, damaging, or disturbing to the adjacent property.
7. Any structures or site design elements to support the use are not significantly different
from what is typical for other allowed uses in the district, or where different can be
screened or located to minimize impact on adjacent property.
8. No unusual traffic patterns or increases in activity that impact the use and design of
streets and public spaces differently than other allowed uses will result.
9. All uses are conducted, and structures are maintained in a way that is consistent with the
intent and objectives of all other design and development standards applicable to the
property.
B. Accessory Dwelling. In addition to the standards applicable to all accessory uses in Section 16 -
4-4.A, the following additional standards apply to accessory dwellings :
1. Accessory dwellings may be permitted when associated with a detached house or
duplex/multi-unit houses, as indicated in Table 16-5-1, Residential Building & Lot
Standards.
2. Accessory dwelling units may be located in a detached accessory building or located
within the principal building (such as an attic, basement, or rear apartment).
Commented [CB6]: Slightly broadened to allow ADU
with these additional "house scaled" buildings, to
corresponded with the approach to detached houses in
all R- districts. DRAFTPage 106 of 191
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December 2022 4-15
3. The floor area of the accessory dwelling shall not be more than 800 square feet or 75%
of the principal dwelling unit, whichever is less . Lots larger than 7,200 square feet may
permit two accessory dwellings provided the total of both units does not exceed these
limits.
4. One additional parking space per unit shall be provided on site in the rear 35% of the lot.
The Director may waive this requirement if the context and circumstances of each
dwelling unit prove the space unnecessary due to access to transit, availability of on -
street parking on the block, or the configuration of parking available for the principal
dwelling having additional options.
5. All buildings, including any detached accessory structure, shall meet the development
and design standards for the lot in Article 5.
6. The accessory dwelling shall be compatible with principal building, and whether within the
principal building or in a detached structure in the following ways:
a. The dwelling shall be clearly subordinate to the princip al dwelling through the
location of access, building entrances, parking, and other design features that
accommodate the dwelling.
b. Entrances and exterior stairs shall be located towards the interior of the lot or
alley, and away from side lot line of adjacent property.
c. Attached accessory structures shall be to the side or rear of the principal
structure, or otherwise integrated into the principal dwelling structure.
7. Prior to occupancy of the unit all building and occupancy permits shall be approved, and
inspections conducted demonstrating compliance with applicable building and fire safety
codes. These approvals may be conditioned on correcting any deficiencies in the
primary structure and dwelling or accessory building.
8 The applicant shall provide a signed and notarized deed restriction, to be recorded with
the Arapahoe County Clerk and Recorder, attesting to the following occupancy and use
standards.
a. An individual holding an ownership interest in at least 50% of the property shall
occupy either the principal dwelling or the accessory dwelling as their permanent
address demonstrated by two forms of proof of residency
b. Occupancy of each unit shall comply with all other rules and standards, though
each dwelling may be considered as an independent dwelling unit.
c. The owner verify compliance with these conditions with the city on an annual
basis.
9. All impact fees applicable to new construction shall apply to the accessory dwellings.
10. Accessory dwellings shall connect to water and sewer lines of the principal dwelling,
subject to the requirements of the Englewood Water and Sewer Board.
C. Home Occupation. In addition to the standards applicable to all accessory uses in Section 16 -4-
4.A, the following additional standards apply to home occupations :
1. Home occupations are permitted on any property where the principal use is residential
dwellings.
2. The building and site shall retain all appearances as a residence, and no alterations to
entrances, storage, window or merchandise displays, parking or other facilities that alter
the residential character or clearly indicate nonresidential uses shall be permitted.
3. Employment shall be limited to residents of the principal dwelling and 1 additional non -
resident
4. The activity shall be operated entirely within the dwelling or allowed accessory buildings ,
and limited to no more than 50% of the in terior space, except permitted home care
accessory uses may use the entire space.
5. No traffic, services, or deliveries shall be generated by the home occupation that is
abnormal to a residential neighborhood .
a. Activity from deliveries, customer, or patron visits shall generally be limited to
between the hours of 7 a.m. and 9. p.m.
Commented [CB7]: The current limit is 650 s.f. or
100% of dwelling unit, whichever is less. This allows a
slightly larger scale too coordinate potentially larger
units or the direction for up to 2 units on larger lots;
while the addition of 75% limit (rather than 100%)
ensures that the unit is incidental and subordinate on
the smaller lots. So this may work as a better general
rule for all situations.
Commented [CB8]: Current standard, but additional
flexibility added for context-based solutions. (Note: the
additional parking is often one of the barriers sited for
building ADUs, but the public input emphasized
acceptance of ADUs provided it did not provide off-site
or street parking issues.)
Commented [CB9]: Compare to current design section
(16-5-4.C.7.i). and see similar design standards that
apply to all accessory buildings (ADU or no ADU) when
the are of a scale to be "Secondary Buildings" (see
draft 16-5-3.B.)
Commented [CB10]: This is a simplified version of
some of the current owner / occupancy requirements DRAFTPage 107 of 191
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b. Except for permitted home care accessory uses, customer visits shall be limited
to no more than 8 per day and no more that 1 customer at a time.
c. All parking necessary for the use shall be confined to the garage, driveway, or
street directly in front of the dwelling meeting the applicable Residential Building
and Site Design standards in Section 16-5-4.
6 Sale of any merchandise shall be limited to items that have been made, grown, or
prepared on site, or to remote or mail-order sales where they storage and exchange do
not happen on site.
7. No equipment, machinery or operation shall be used in such activities that is perceptible
off the premises because of no ise, smoke, odor, dust, glare, radiation, electrical
interference, or vibration.
8. Signs shall be limited to 1 non-illuminated sign, no more than 1 square feet, and within at
least 10 feet of the primary entrance, except no signs are permitted for home o ccupations
in the R-1-A district.
9 Home occupations shall not be permitted for the following businesses:
a. Animal hospital or kennel, animal daycare, and breeders, except licensed canine
and feline breeders.
b. Barbers, hairdressers, cosmetologists, beauticians, or other personal care
involving skin, hair, or nails.
c. Automobile service and repair.
d. Sale, storage, or assembly of guns, knives, or other weapons or immunity.
e. Food or beverage services.
f. Any use involving storage, operation, or parking of equipment and large vehicles
such as towing, landscape maintenance, or construction businesses.
g. Any use involving the dispensing, use, storage, or processing of hazardous
materials
h. Medical marijuana centers, medical marijuana -infused products manufactures, or
medical marijuana optional premises cultivation operation.
i. Manufacture of wine, distilled sprits, or malt beverages.
D. Home Care. Home care is a specific type of home occupation, and treated distinct from other
general home occupations. In addition to the standards applicable to all accessory uses in
Section 16-4-4.A, the following additional standards apply to home care :
1. A person may use their primary residence for the accessory business of caring for
children or adults from outside of the residence, not related to the care provider, subject
to this section.
2. The business shall be subject to all required state licenses and city business licenses.
3. The car shall be on a less that 24-hour basis, and subject to the following additional
limitations.
a. Adult Care: Care for individuals 18 year or older, and limited to no more than 4
adults.
b. Family Child Care Home: Care for up to 6 children, no more than 3 of which may
be under two years of age, including the c are provider’s children
c. Infant / Toddler Home: Care for up to 4 children between the age of birth and 3
years old, no more than 2 of which may be under 12 months, including the
caregiver’s own children and no more than 1 child related to the care giver
between 3 years old and 6 years old; or if 2 caregivers are present, up to 6
children between birth and 3 years old, no more than 3 of which may be under 12
months, including the caregivers own children.
d. Larger Child Care Home. Care for between 7 and 1 2 children between 2 years
old and 16 years old; provided that up to 2 children under 2 years of age are
permitted if they are siblings of other children in care; and provided the
caregiver’s children under 12 and on the premises count towards the limit.
DRAFTPage 108 of 191
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E. Short Term Rentals. In addition to the standards applicable to all accessory uses in Section 16 -
4-4.A, the following additional standards apply to short term rentals:
1. Short Term Rentals. A Short Term Rental (STR) is a residential dwelling unit that
provides nightly or weekly rental, with or without a breakfast, of all or some portion of
such dwelling unit for less than 30 days, all in accordance with all applicable laws and
regulations.
2. Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone
districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-O-2, MU-R-3-A, MU-R-3-B, MU-R-3-
C, MU-B-1, and MU-B-2.
3. Licensing and Permitting Required. It shall be unlawful for any person or entity to offer or
provide lodging in the form of a short term rental within a residential property located
within the City of Englewood in any area not zoned to allow for such use, and without
having first obtained a City of Englewood Business Lic ense, Rental Registration and
Operating Permit, pursuant to Title 5, Chapter 31 of the Englewood Municipal Code 2000,
as amended.
4. Enforcement. Enforcement of the provisions of this Section shall be in conformance with
Chapter 1 of this Unified Development Code.
F. Outdoor Storage, Residential. Accessory outdoor storage may be permitted in the residential
zoning districts subject to the following standards:
1. Portable Storage Containers. Portable storage containers may be permitted subject to
the following limitations.
a. No more than 1 per lot, limited to a maximum of 200 square feet and 1,000 cubic
feet.
b. Containers shall be placed on a paved surface and not over any easement or
right-of-way, or otherwise create any sight obstruction.
c. Placement is limited to a period reasonably necessary to complete the
associated project or task, not to exceed 30 days.
2. Recreational Vehicles. Outdoor storage or parking of recreational vehicles shall be
subject to the standards of Section 11-6-2 of the Englewood Municipal Code.
3. Other Storage. All other accessory outdoor storage, other than ordinary and incidental
residential accessories, shall either be:
a. Completely screened from adjacent property and public streets; or
b. Be limited to no more than 72 hours in any 30 -day period; or
c. Be associated with an active building permit and in which case the storage may
extend for the duration of the permit and subject to all other permit conditions.
G. Drive-Through Service Facilities. In addition to the standards applicable to all accesso ry uses
in Section 16-4-4.A, the following additional standards apply to drive -through service facilities:
1. Drive-through service facilities may be permitted on any property where the principal use
is commercial or service uses, but limited to the MU-B-2, I-1, and I-2 districts.
2. The service area shall not substantially expand the traffic or vehicle circulation otherwise
necessary for the site. In general, the service area shall use the same entrance and exit
from the site as the principal use, unless a more remote or discrete service off an alley or
secondary street better meets the criteria in this section.
3. Vehicle circulation shall avoid potential pedestrian/vehicle conflicts on the site and along
the streetscape.
a. Adequate stacking spaces for automobiles shall be provided on site and outside
of setbacks to eliminate any impact on public streets.
b. Stacking areas shall generally accommodate at least 3 vehicles for non-food
service uses and 8 vehicles for food-service uses, but may be modified for
greater or lesser stacking dependent on the use or the context of the site.
c Circulation, stacking and other access issues shall be designed in a manner that
has the least impact on pedestrians entering the principal building from public
streets and from internal pedestrian or parking areas.
Commented [CB11]: Existing 16-5-6 left the same
pending current discussion relative to Title 5/Chapter
31 policy discussion. Simplification, coordination or
amendments may be made following conclusion of that
discussion
The current definitions (sub-section E.) - to the extent
the terms are even used in the Development Code and
are not duplicating Title 5/Chapter 31 - will be
incorporated in Chapter 13 Definitions. DRAFTPage 109 of 191
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d No access or queuing area shall be provided between the building and the street
on any pedestrian oriented streetscape. (Mixed Use or Pedestrian street types in
Section 16-3-4 or A Frontages in Section 16-6-6-4). Use of alleys, internal access
and the rear of buildings for drive-through services is required to preserve the
streetscape design and development patterns of these areas.
4. Service areas and windows shall be located in the most remote location possible,
considering adjacencies to public streetscapes, residential property, or other sensitive
adjacencies.
a. Signs, speakers, or service facilities shall not be visible or audible from the
residential property. Operational limitations and additional screening or buffers
may be required beyond the standards of Section 16-8-4 to ensure compatibility.
b. Signs, speakers, or service facilities shall be located on the side or rear of
buildings to minimize impact on streetscapes.
c. To the maximum extent practicable, drive in lanes shall not be located between
the principal building and street or other public gathering places. Where this is
not possible, they shall be setback at lest 20 feet for the right -of-way to permit
additional landscape design and impact mitigation.
d. Any stacking area, drive-through circulation lanes or drive-through facilities
visible from the streetscape shall require enhanced landscape and frontage
design elements beyond the standards of Section 16-8-3 and 16-6-4.
5. The Director may require any drive-through service facility that does not clearly meet
these standards and criteria to be reviewed subject to the procedures for conditional use
permits in Section 16-2-9.
H. Outdoor Display and Service Areas. In addition to the standards applicable to all accessory
uses in Section 16-4-4.A, the following additional standards apply to outdoor display and service
areas, such as sidewalk seating and dining or sidewalk sales :
1. Outdoor display and service areas may be permitted on any property where the principal
use is commercial or service uses .
2. Outdoor display and areas shall be located on the same lot as the principal use or along
the street frontage immediately abutting the use in the case of buildings along streets
designed to the Mixed Use or Pedestrian standards in Section 16-3-4.
3. The area shall be limited to no more than 50% of the ground floor area of the principal
use or 2,000 square feet, whichever is less.
4. Display and service areas shall not be arranged where they interfere with pedestrian
movements or building access, or with clear vision areas. At least 5 feet clear or at least
50% of the width any sidewalk, whichever is greater, shall remain clear and unobstructed
by any display or service areas located on a sid ewalk.
5. The area may be located in parking areas, provided it does not interfere with adequate
parking and circulation of the entire site. The permanence of any structures shall be
considered in evaluating the impact on adequate parking needs for the sit e.
6. The display and service area may be excluded from required parking up to the first 40
seats.
7. The area shall be at least 100 feet from any residential zone district and screened from
view along any property line abutting a residential use .
8. The hours of operation shall be between 7 a.m and 10 p.m., except where the use is
more than 500 feet from any R-1, R-2, or MU-R-3 district.
9. Any outdoor display or service area beyond these requirements may only be permitted as
an allowed outdoor sales principal use or as a temporary accessor use according to
Section 16-4-4.H.
I. Medical Marijuana Cultivation and Infused Products Manufacture. In the M-2, MU-B-1, and
MU-B-2 Districts, Medical Marijuana Cultivation or Infused Products Manufacture is only
permitted as accessory to an otherwise permitted Medical Marijuana Center, and subject to all
other general accessory use limitations in 16-4-4.A.
Commented [CB12]: More specific version of 16-5-
5.E.5 to coordinate with the revised overall approach to
uses (outdoor sales/services vs accessory) and to
accessory / temporary uses (accessory retail /
commercial, vs. temporary/special event). The concept
is that things operating within these parameters should
simply be allowed with no special permission needed. DRAFTPage 110 of 191
4 ZONE DISTRICTS & USES
16-4-4 ACCESSORY USES
Initial Draft Title 16: Englewood Development Code
December 2022 4-19
J. Temporary Uses. Uses that may not otherwise be interpreted as being permitted by Table 16-
4-2, or accessory uses in Section 16-4-4, may be permitted through a Temporary Use Permit
according to this section. Temporary use permits are not required for residential garage or yard
sales. (See Title 5 of the Englewood Municipal Code.)
1. Permit. An application for a permit shall be submitted by the owner, or an agent of the
owner with written permission from the owner at least 10 days prior to the desired issue
date.
a. The permit shall have a specified start and end date not more than 90 days p er
year, or be based on a schedule that includes no more than 45 days per year
and no more than 12 occasions per year .
b. The applicant shall submit a complete description of the event or activity,
including anticipated traffic, hours and peak times of ope ration, access and
circulation plans, the ability to accommodate fire and police access, and any
need for special protection or other public safety, health and welfare needs.
c. The applicant shall submit a plan identifying the extent of the grounds, gathe ring
places and circulation routes, any streets or public spaces to be dedicated to the
event, the location of all structures, equipment or other accessory facilities, and
any utility needs for these structures, equipment or fixtures.
d. The Director may extend the permit one time for up to an additional 30 days.
The extension shall only be permitted based on circumstances not foreseeable at
the time of the original permit and provided no problems have arisen under the
original permit.
2. Standards. All activities and any temporary structures shall meet the zoning district
setbacks and standards, with the exception of the following:
a. The use shall be associated with a principal and permitted institutional,
commercial, office, or industrial use of the pr operty.
b. Setback standards for all buildings, structures and facilities shall generally be met
for the principal use and temporary use, except that the director may account for
temporary structures and facilities in the setback based on the nature of
activities, duration of the event, degree of any immediate impacts on adjacent
areas, and whether there is a plan for restoration of the area or other potential for
lasting impacts on adjacent areas.
c. Parking requirements shall generally be met for the pri ncipal use and the
temporary use, except that the Director may account for any existing and
underutilized parking, the duration of the event, the correspondence of different
peak parking periods, presence of off -site parking, and any transportation
management when considering appropriate parking relative to the permit
3. Criteria. A temporary use permit shall be evaluated based on the following, in addition to
all other general procedures and criteria for site improvement plans in Section 16-2-6:
a. The proposed use shall be a scale, intensity, and format that ordinarily occurs in
the vicinity considering the size, anticipated traffic, hours of operation and
duration of the event.
b. The anticipated traffic and parking can be handled by the existing street network,
site access and lot layout, or the applicant has demonstrated suffi cient
management strategies and procedures to mitigate any potential negative effects
on the area.
c. The degree of potential negative impacts on adjacent property, and in particular
the likelihood of the event violating the general District Performance St andards in
Section 16-6-5. The applicant may submit mitigation plans for any potential
impacts, including limiting hours of operation, buffers and screening,
Commented [CB13]: Revised approach to 16-5-5.
Intended as a more flexible tool for things that are in
between permitted principal/accessory uses and the
specific list of "temporary uses", and allow more of the
unanticipated circumstances to be handled with this
process, provided accessory to a principal use.. DRAFTPage 111 of 191
4 ZONE DISTRICTS & USES
16-4-4 ACCESSORY USES
Initial Draft Title 16: Englewood Development Code
December 2022 4-20
transportation management, or other evidence or plans to accommodate
concerns and limit impacts on surrounding property owners or residents.
d. The use shall comply with all other applicable codes, licenses, or other public
health, safety, and welfare requirements.
e. The location subject to the temporary use permit shall be restored to its original
condition upon the earlier of the expiration of permit or end of operation . Except,
permanent improvements may be made to the location, and may remain with the
property owner's written consent provided they meet all applicable zoning and
site design standards.
f. The Director may impose any other conditions on a permit necessary to protect
the public health, safety, and welfare.
16-4-5 District Performance Standards
A. General Operation & Performance Standards. In association with the more specific standard
for public health, safety, sanitation, and environmental standards of the Englewood Municipal
Code, the development standards in this code shall be interpreted and applied to meet the
following general operation and performance standards.
1. General Ruel Against Nuisances. No use shall be undertaken or operated in a manner
that creates a common nuisance.
2. Residential & Business Districts. No use shall be permitted in the residential or business
districts, which by emitting an obnoxious or dangerous degree of heat, odor, glare,
radiation, or fumes, or an undue or excessive noise beyond the boundary line of the lot
upon which the use is located, shall become a nuisance to other uses in the area.
3. Industrial Districts. All industrial uses shall comply with the following specific limitations
a. Volume of Sound Generated. Every use shall be so operated that the volume of
sound inherently and consistently generated does not exceed seventy (70)
decibels at any point of any boundary line of the lot on which the use is located.
b. Vibration Generated. Every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at
any point of any boundary line of the lot on which the use is located.
c. Emission of Heat, Glare, Radiation, Dust, and Fumes . Every use shall be so
operated that it does not emit an obnoxious or dangerous degree of heat, glare,
radiation, dust, or fumes beyond any boundary line of the lot on which the use is
located.
d. Outdoor Storage and Waste Disposal.
(1) Installation and storage of flammable or combustible liquids, solids, or
gasses shall comply with all requirements of the fire code adopted by the
City.
(2) All outdoor storage facilities for fuel, raw materials and products and all
fuel, raw materials and products stored outdoors shall be enclosed by a
solid fence or wall adequate to conceal such facilities, fuel, raw materials
and products from adjacent residential districts; provided, however, that
such fence or wall need not exceed eight feet in height.
(3) No materials or wastes shall be deposited upon a lot in such form or
manner that they may be transferred off the lot by natural causes
B. Lighting. In addition to all other landscape and site design standards and criteria, site lighting
shall generally meet the performance criteria in Table 16-4-4.
Commented [CB14]: Current 16-6-12. A - C standards. DRAFTPage 112 of 191
4 ZONE DISTRICTS & USES
16-4-5 DISTRICT PERFORMANCE STANDARDS
Initial Draft Title 16: Englewood Development Code
December 2022 4-21
Table 16-4-4: Lighting Performance Standards
MU-R-3-A – C
and M-1 & M-2
MU-B-1 &
MU-B-2 I-1 I-2
Lighting & Right-of-way. Lighting measured at the property line
adjacent to right-of-way 1.0 FC 1.5 FC 1.0 FC 1.0 FC
Lighting & Residential Uses. Lighting measured at the property
line adjacent to residential uses 0.1 FC 0.5 FC 0.1 FC 0.1 FC
Lighting & Same or More intense Uses. Lighting measured at
the property line adjacent to the same or more intense zoning
districts
1.5 FC 2.0 FC 2.0 FC 2.0 FC
C. Conditions & Compatibility. The city may impose conditions upon the approval of any
development application or any permit to ensure that it is compatible with adjacent uses and
compliant with the district performance standards. Conditions may include:
1. Hours of operation and deliveries.
2. Location, design, and screening of a outdoor activity areas or other site act ivities that
generate potential adverse impacts to adjacent uses.
3. Placement of facilities that require regular service of large or utility vehicles, such as trash
receptacles or loading areas.
4. Location of outdoor speakers, communication, or other amp lification systems
5. Light height, intensity, shield and design, and hours of partial and full illumination.
Commented [CB15]: Added as default measures -
there do not appear to be lighting standards anywhere
in the code. These standards can then relate to the
condition to limit illumination by setting a default
measure. (there is currently a condition to limit lighting,
but no default measure to weight that against.
Commented [CB16]: 16-6-12.D Operational / Physical
Compatibility DRAFTPage 113 of 191
1/16/23, 12:18 PM Englewood, CO Code of Ordinances
about:blank 1/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
RESIDENTIAL USES
Group Living Group living facility,
large/special
C C C C C P P 16-5-2.A.1
Group living facility,
small
P P P P P P P P P P P P P 16-5-2.A.1
Small treatment
center
C C C C C P P 16-5-2.A.1
Household Living Live/work dwelling P P P P L L 16-5-2.A.2
Manufactured home
park
P 16-5-2.A.3
Multi-unit dwelling P P P P P P P P P P 16-5-2.A.4
16-6-1.C.4
One-unit dwelling P P P P P P P P P P 16-5-2.A.5
16-5-2.A.6
One-unit dwelling on
a small lot
P P P P P P P P P P 16-5-2.A.6
Boarding or rooming
house
C C C C C C C 16-5-2.A.7
PUBLIC/INSTITUTIONAL USES
Animal Shelter Not-for-pro t animal
shelter
P P
Emergency Temporary
Shelter
Housing shelter,
food shelter
C CDRAFT
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about:blank 2/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Government and City All other buildings
and facilities not
speci ed under the
public/institutional
uses category
P P P P P P P P P P P P P P P
Library Public P P P P P
Museum/Cultural All uses P P P P P P P
Park and Open Space Athletic eld C C C C C C C C C P P
Community garden C C C C C C C C C C C
Park P P P P P P P P P P P P P P P
Religious Assembly Religious institutions
and associated
accessory uses
P P P P P P P P P P L L L L L
School Education institution P P P P P P P P P P P P C
Telecommunication Facility
(See Chapter 16-7,
"Telecommunications," for
applicable use-related
guidelines and standards)
Alternative tower
structure
P P P P P P P P P P P P P P P
Antenna (microwave
antenna, sectorized
panel antenna, whip
antenna)
P P P P P P P P P P P P P P P
Tower structure C C C C C C C C C C C C C P P
Transportation Facility RTD maintenance
facility
P P
Transit center PDRAFT
Page 115 of 191
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about:blank 3/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Utility Facility (not including
Telecommunication Facility)
Major utility facility P P 16-5-2.B.1
Minor utility facility
(as a principal use of
land)
C C C C C C C C C C C C C C C
COMMERCIAL USES
Adult Use All types as de ned
in Chapter 16-11
P P 16-5-2.C.1
Agricultural Use Greenhouse/
nursery, raising of
plants, owers, or
nursery stock
P P 16-5-2.C.2
Animal Sales and Service Animal shelter P P
Kennel/day care L P P
Pet store (live animal
sale)
P P P P P P
Small animal
veterinary hospital
or clinic
L L P C P P
Assembly Assembly hall or
auditorium, hall
rental for meetings
or social occasions
P P P C P P
Membership
organization
(excluding adult use)
P P P C P P
Dependent Care Dependent care
center (less than 24-
hour care, any age)
C C C C C P P P P P P P C 16-5-2.C.7DRAFT
Page 116 of 191
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about:blank 4/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Entertainment/Amusement:
Indoor
Amusement
establishment
C C C C C C
Hookah lounge P P P P P
Physical tness
center/spa
P P P P P P
Theater and
performance/concert
venue, not including
adult entertainment
P P P P P
Entertainment/
Amusement: Outdoor
General outdoor
recreation
C C C
Financial Institution Check cashing facility P P P P
Financial institution,
with drive-through
service
L P P
Financial institution,
without drive-
through service
P P P P P PDRAFT
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about:blank 5/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Food and Beverage Service Brew Pub P P P P P P
Caterer P P P P
Restaurant, bar,
tavern with or
without outdoor
operations
P P P P P P
Restaurant, with
drive-through service
L P P
Sales Room
(associated with
Brewery, Distillery or
Winery)
C C C C C
Take out and
delivery only
P P P
Medical/Scienti c Service Clinic P P P P P P P P P
Hospital P P P P P P
Laboratory (dental,
medical or optical)
P P P P P P P P P P
Medical/Recreational
Marijuana
Medical marijuana
center
P P P P P 16-5-2.C.13
16-5-4.C.1.f
Medical marijuana
optional premises
cultivation operation
A A A P P 16-5-2.C.13
16-5-4.C.1.f
Medical marijuana
infused products
manufacturer
A A A P P 16-5-2.C.13
16-5-4.C.1.fDRAFT
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
O ce O ce, type 1
(general)
P P P P P P P P P
O ce, type 2
(limited)
P P P P P P P P P P 16-5-2.C.8
Retail Sales and Service
(Personal Service)
Crematorium C
Dry cleaner, drop-o
site only
P P P P P P
Instructional service P P P P P
Massage therapy P P P P P P P P
Mortuary P P
Personal care P P P P P P
Service: photography
studio and photo
lab, upholstery,
printer, locksmith,
tailor
P P P P P P
Tattoo and body-
piercing
establishment
P P
Temporary
employment
business
C C 16-5-2.C.11
Retail Sales and Service
(Repair and Rental)
Equipment rental L P P
Repair shop (not
including auto)
P P P P P PDRAFT
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about:blank 7/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Retail Sales and Service
(Sales)
Antique store P P P P P P
Art gallery P P P P P P
Auction house P P P
Buy-back, second-
hand, thrift,
consignment stores,
large
P P P P
Buy-back, second-
hand, thrift,
consignment stores,
small
P P P P P
Convenience store P P P P P
Grocery/specialty
food store
P P P P P P
Internet sales
location
P P P P
Liquor store P P P P P P
Pawnbroker P P 16-5-2.C.10
Retail sales, general
merchandise
P P P P/C P P For TSA,
P if ≤ 20,000
sq. ft.,
C if >
20,000 sq.
ft.
of gross
leasable
oor areaDRAFT
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about:blank 8/14
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
School Trade or business
school
P P P C P P 16-5-2.C.12
Studio Radio/television
broadcasting studio,
recording/ lm studio
P P P P
DRAFTPage 121 of 191
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Vehicle and Equipment Automobile
pawnbroker
P P P 16-5-2.C.10
Automotive sales,
rental
L P P 16-5-2.C.3
Automotive service
and repair, including
body or fender work
P P 16-5-2.C.4
Automotive service
and repair, not
including body or
fender work
L P P 16-5-2.C.4
Automotive service
station (gasoline
facility)
L P P 16-5-2.C.5
Car wash, auto
detailing
L L L 16-5-2.C.6
16-5-2.C.4
Commercial storage
of operable vehicles
P P 16-5-2.C.3
Fuel dispensing L P P
Parking facility,
structure (operable
vehicles), principal
use
C C C C L L C P P 16-5-2.C.3
16-5-2.C.9
Parking area, surface
(operable vehicles),
principal use
C C C C L L C P P 16-5-2.C.9
16-5-2.C.3
Recreational vehicles
and boats, sales or
rental
L P PDRAFT
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Visitor Accommodation Bed and breakfast P P P P
Hotel P P P P P P
Hotel, extended stay P P P P
Short Term Rental P P P P P P P P P P P P 5-31
Wholesale Sales and
distribution
P P
MANUFACTURING/INDUSTRIAL USES
Industrial Service Industrial service,
light
C P P 16-5-2.D.3
(TSA only)
Industrial service,
heavy
P
Manufacturing, Including
Processing, Fabrication,
or Assembly
Brewery C C C P P 16-5-2.C.14
Distillery C C C P P 16-5-2.C.14
Winery C C C P P 16-5-2.C.14
Manufacturing, light C P P 16-5-2.D.4
(TSA only)
Manufacturing,
heavy
PDRAFT
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Warehouse/Storage Fuel storage
(principal use)
L
Mini-storage facility P P
Moving and storage P P
Outdoor storage P P 16-6-7.G
Storage yard for
vehicles, equipment,
material, and/or
supplies
P P 16-5-2.D.6
Warehousing and/or
storage
P P
DRAFTPage 124 of 191
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Waste/Salvage Automobile
wrecking/ salvage
yard
C P 16-5-2.D.1
Commercial
incinerator
C
Hazardous waste
handling
C C 16-5-2.D.2
Recycling operation,
all processing occurs
within enclosed
structure
P P 16-5-2.D.5
Recycling operation,
some or all
processing occurs
outside an enclosed
structure
C C 16-5-2.D.5
Sanitary service C
Waste transfer
station (not including
hazardous waste)
C C
ACCESSORY USES - See Section 16-5-4 for additional regulations
Household Living
(Accessory to Principal One-
Unit Detached Dwelling
Uses Only)
Accessory Dwelling
Unit
A A A A ADRAFT
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Home Care Accessory Uses
(Accessory to Principal One-
Unit Dwelling Uses Only)
Adult dependent
care
C-
A
A A A A A A A A A
Family child care
home
A A A A A A A A A A
Infant/toddler home A A A A A A A A A A
Large child care
home
L-
A
L-
A
L-
A
L-
A
L-
A
Other Accessory Uses Caretaker's quarter A A A A A A
Dormitory A A A
Home occupation A A A A A A A A A A 16-5-4.C.1
Minor utility facility
(as accessory use of
land)
L-
A
L-
A
L-
A
L-
A
L-
A
L-A L-A L-A L-
A
L-A L-
A
L-
A
L-A L-
A
L-
A
16-5-2.B.1
Parking area
(surface)
A A A A A A A A A A A 16-5-4.C.2
Parking garage
(structure)
A A A
Satellite dish
antenna
A A A A A A A A A A A A A A A 16-5-4.C.3
Service units or
facility
A A A A A 16-5-4.C.4
Swimming pool A A A A A A A A A A A A A A A 16-5-4.C.5
Wholesale sales and
distribution
A A A A 16-5-4.C.6
TEMPORARY USES - See Section 16-5-5 for additional regulationsDRAFT
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TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE
Use Category Use Type Residential Non-Residential Additional
Regulations
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MUR
3
A
MUR
3
B
MUR
3
C
M
1
M
2
—
MO
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
Car wash T T T T T T T T T T T T T T T
Expansion or
replacement of
existing facilities
T T T T T T T T T T T T T T
Farmers market T T T T T T
Food vendor carts T T T T T T T
Mobile storage (with
or without building
permit)
T T T T T T T T T T T T T T T
Real estate sales or
leasing o ce (also
model homes)
T T T T T T T T T T T T T T T
Outdoor sales (e.g.,
tent sales, parking
lot sales, seasonal
sales, windshield
repair, sales from
retail vendor carts,
etc.)
T T T T T T
Special event (e.g.,
carnival, bazaar, fair)
T T T T T T T T T T T T T T T
Tents, canopies T T T T T T T T T T T T T T T
USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted
accessory and temporary uses.DRAFTPage 127 of 191
City Council Work Session
January 23, 2022
Zone Districts & Uses(Chapter 4)
Housing & Neighborhood Design –Revisited (Chapter 5)Page 128 of 191
Draft Framework
Proposed Reorganization –Title 16 Technical Committee Meetings
July –early September
Ch. 1 –General Provisions
Ch. 2 –Applications & Procedures
Ch. 3 –Community Design & Subdivision Standards
Ch. 4 –Zone Districts & Uses
Ch. 5 –Residential Development & Design Standards
Ch. 6 –Nonresidential Development & Design Standards
Ch. 7 –Access & Parking
Ch. 8 –Landscape Design
Ch. 9 -Signs
Ch. 10 –Floodplain Regulations
Ch. 11 –Telecommunications
Ch. 12 –Historic Preservation
Ch. 13 –Definitions
Procedures
Housing & Neighborhood Design
Streets & Public Realm Design
Sustainability + General
Community Design
Page 129 of 191
Draft Framework
Proposed Reorganization –Title 16 Technical Committee Meetings
July –early September
Ch. 1 –General Provisions
Ch. 2 –Applications & Procedures
Ch. 3 –Community Design & Subdivision Standards
Ch. 4 –Zone Districts & Uses
Ch. 5 –Residential Development & Design Standards
Ch. 6 –Nonresidential Development & Design Standards
Ch. 7 –Access & Parking
Ch. 8 –Landscape Design
Ch. 9 -Signs
Ch. 10 –Floodplain Regulations
Ch. 11 –Telecommunications
Ch. 12 –Historic Preservation
Ch. 13 –Definitions
Procedures
Housing & Neighborhood Design
Streets & Public Realm Design
Sustainability + General
Community Design
General UpdatesPage 130 of 191
Procedures
Chapter 4
Zone Districts & Uses
16-4-1 Establishment of Districts
16-4-2 Permitted Uses / Use Table
16-4-3 Specific Use Standards
16-4-4 Accessory Uses
16-4-5 District Performance Standards
Key Changes
▪Update district Intent statements; corresponded to plan + better
distinctions between districts
▪Revised approach to use table
•Simplify (clear up conflicts / interpretation issues)
•Generalize categories / types
•Distinguish by scale
•Rely on improved form / design standards,
•Specific use standards where necessary
▪Specific neighborhood & housing issues
•General Chapter 5 correspondence
•ADU requirements
•Approach to manufactured / small-format housing
communities
Page 131 of 191
Overall Development Approach
▪Zone District
▪Use Category
▪Use Type
▪Scale / Intensity
▪Zone District
▪Building Type
▪Lot / Building Standards
▪Building Height / Massing
▪Frontage Design
▪Building Design
▪Streetscape
▪Landscape
▪Open Space
Use Form Design
Page 132 of 191
Overall Development Approach
▪Zone District
▪Use Category
▪Use Type
▪Scale / Intensity
Use ▪Retain existing district / use allowances (unless conflict or
interpretation issues)
▪Simplify –eliminate distinctions with no regulatory differences;
consolidate redundant use types within categories
▪Refine –create better distinctions within categories based on
scale, format, and/or intensity
▪Verify distinctions transitions between different zoning districts
▪Improve flexibility / interpretation within the overall approach
Page 133 of 191
Previous:
Religious Assembly
Assembly Hall
Membership Organization
Proposed: Assembly
Neighborhood (<300 / < 1ac.)
Community (300-600 / 1-5 ac.)
Auditorium (600+ / 5+ acres)
Examples:Page 134 of 191
Examples:
Previous: Animal Sales & Service
Animal Shelter
Kennel / day care
Pet store
Small animal veterinary hospital
or clinic
Proposed: Animal Care / Sales .
Limited (2K s.f./ no boarding)
Small (2K –10K s.f./ limited boarding)
General (10K + s.f.or boarding)
Animal Shelter
Page 135 of 191
Manufactured & Small Format Housing
What is Changing?
▪Broaden to other types of small format housing (i.e.
“tiny home”, small-lot communities, etc.)
▪Improve neighborhood & community design
standards consistent with other residential design
▪Require better integration into block structure and
neighborhood context
▪Reduce minimum project size (8 acres to 3 acres)
▪Increase maximum density (8 units/acre to 12
units/acre)
What is Not?
▪Limited to I-1 district
▪Requires master development plan for overall property
▪Specifications for all other building codes, public safety,
and community facilities
17-4-3.A.2
Buena Vista, CO Austin, TXPage 136 of 191
Accessory Dwelling Units
What is Changing?
▪Expanding to R-1-A and R-1-B
▪Allow 2 accessory units on lots > 7.2K s.f.
▪ADUs with 2-4 unit building types (additional
subordinate unit)
▪Allow attached / internal ADU
▪Simplifying administrative/record-keeping
▪Slight revision to size relative to principal unit(s)
▪Context-based parking waiver (transit, on-street,
or other lot-specific options)
What is Not?
▪Parking requirement (but add administrative waiver)
▪Compliance with all development / design standards
(neighborhood design and accessory building changes)
▪Compliance with all building / safety codes (principal unit
and accessory unit)
▪Owner / occupancy of one of the units
▪Impact fees and utility upgrade apply, where applicable.
▪Cannot be subdivided from principal unit.
17-4-4.B
Page 137 of 191
Procedures
Chapter 5
Residential Development & Design
16-5-1 Intent
16-5-2 Applicability
16-5-3 Development & Dimension Standards
16-5-4 Residential Site & Building Design
16-5-5 Attainable Housing Guidelines
16-5-6 Sustainable Sites & Building Guidelines
16-5-7 Neighborhood Protection Overlay
Revisited from Nov. 28 -Key Changes
▪Expanded building type approach
•Greater allowances for ADUs
•Greater allowances for small-lot detached houses
•Promote small-scale, multi-unit building types
▪Convert “lot coverage” standard to usable open space
standard
▪Design issues:
•Revised bulk plane / expand to multi-unit, mixed use
•Frontage requirements –entry features, transparency.
Driveway garage limits
•More specific standards for “articulation” within same /
similar approach
•Guided flexibility through administrative adjustments
▪Continued Discussion: Attainable housing guidelines
•Options for 2-4 unit houses in R-1
•R-2 & MU-R-3 tiers w/ height bonuses & parking
reductionsPage 138 of 191
R-1 –Multi-unit Building Discussion Options
▪Should the R-1 districts accommodate 2-to 4-unit building types?
❑No –allowing ADUs and smaller lots presents diverse types in R-1 districts
❑Yes –2-to 4-unit buildings add to diversity of types in all neighborhoods
▪If yes, should the 2-to 4-unit building types be accommodated in all R-1 Districts?
❑R-1-A
❑R-1-B
❑R-1-C
▪If yes, should the 2-to 4-unit buildings be limited to specific locations?
❑Yes –corners lots, end grains of blocks, or “courtyard patterns”
❑No –allow them throughout the eligible R-1 districts
▪If yes, should 2-to 4-unit buildings require an affordability element in R-1 districts.
❑Yes –at least 1 or 2 units at a specified AMI. (60% to 80%?)
❑No –allow the just to diversify and hit different market ratesPage 139 of 191
Potential Outcomes
▪Encourage more lots to maximize
building footprint / buildable area
▪Encourage more buildings to
maximize the bulk plane
▪Result in potential for more “multi-
family” building appearances
▪Distinct in character of R-1-A , B,
and C, and typical neighborhoods
within these areas
▪Other unintended / unanticipated
consequencesPage 140 of 191
R-1 –Multi-unit Building Discussion Options
▪Should the R-1 districts accommodate 2-to 4-unit building types?
❑No –allowing ADUs and smaller lots presents diverse types in R-1 districts
❑Yes –2-to 4-unit buildings add to diversity of types in all neighborhoods
▪If yes, should the 2-to 4-unit building types be accommodated in all R-1 Districts?
❑R-1-A
❑R-1-B
❑R-1-C
▪If yes, should the 2-to 4-unit buildings be limited to specific locations?
❑Yes –corners lots, end grains of blocks, or “courtyard patterns”
❑No –allow them throughout the eligible R-1 districts
▪If yes, should 2-to 4-unit buildings require an affordability element in R-1 districts.
❑Yes –at least 1 or 2 units at a specified AMI. (60% to 80%?)
❑No –allow the just to diversify and hit different market rates
To help in evaluating,
we mapped the
various lots in each R-
1 District to explore
configuring the right
amount of opportunity.
1)Lots larger than
7,200SF
2)Corner lots larger
than 7,200SF
3)Prevalence in R-1-A,
B, and C
Page 141 of 191
R-1 –Multi-unit Building Options
▪If yes, should the 2-to 4-unit building times
be accommodated in all R-1 Districts?
(7,200SF Lots)
❑R-1-A
❑R-1-B
❑R-1-C
Illustration: Base Zoning Map
Page 142 of 191
R-1 –Multi-unit Building Options
▪If yes, should the 2-to 4-unit building times
be accommodated in all R-1 Districts?
(7,200SF Lots)
❑R-1-A
❑R-1-B
❑R-1-C
Illustration: All lots over 7,200SF
Page 143 of 191
R-1 –Multi-unit Building Options
▪If yes, should the 2-to 4-unit building types be
accommodated in all R-1 Districts? (7,200SF
Lots)
❑R-1-A
❑R-1-B
❑R-1-C
Illustration: All R-1 lots over 7,200SF
Analysis –Most R-1-A Lots would meet this
minimum size threshold due to minimum lot
requirements in the District. R-1-B and R-1-C
Opportunities are more evenly dispersed.
Zone District # Lots Exceeding 7,200SF
R-1-A 1,867
R-1-B 439
R-1-C 1,104
Concentrations of R-1-A
zoning with large lotsPage 144 of 191
R-1 –Multi-unit Building Options
▪If yes, should the 2-to 4-unit buildings be
limited to specific locations?
❑Yes –corners lots, end grains of blocks, or
“courtyard patterns”
❑No –allow them throughout the eligible R-
1 districts
Illustration: All R-1 corner lots over 7,200SF
Page 145 of 191
R-1 –Multi-unit Building Options
▪If yes, should the 2-to 4-unit buildings be limited to
specific locations?
❑Yes –corners lots, end grains of blocks, or
“courtyard patterns”
❑No –allow them throughout the eligible R-1
districts
Illustration: All R-1 corner lots over 7,200SF
Analysis –Again, most R-1-A corner lots would
meet this minimum size threshold due to minimum
lot requirements in the District. R-1-B and R-1-C
Opportunities are more sporadically dispersed.
Zone District # Corner Lots Exceeding 7,200SF
R-1-A 379
R-1-B 91
R-1-C 261Page 146 of 191
R-1 –Multi-unit Building Options
▪Option: Consider a mix of all large lots and corner
lots
❑R-1-A: Only large corner lots
❑R-1-B and R-1-C: All lots over 7,200SF
Analysis –This would limit the opportunity to 379
lots in R-1-A, and more in the R-1-B and C
districts. The map illustrates this opportunity.
Additional combinations can also be explored.
Zone District # Corner Lots Exceeding 7,200SF
R-1-A 379
R-1-B 439
R-1-C 1104
Page 147 of 191
Discussion
Page 148 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Bryan Isham, Erik Sampson
DEPARTMENT: Community Development
DATE: January 23, 2023
SUBJECT: Review of proposed short-term rental ordinance revisions
DESCRIPTION:
Review and discuss proposed changes to short-term rental ordinance
RECOMMENDATION:
Staff recommends that city council review the proposed changes to the short-term rental (STR)
ordinance and provide direction on scheduling the revised ordinance for formal consideration.
PREVIOUS COUNCIL ACTION:
City council approved the original STR ordinance in February of 2020.
Staff presented a draft ordinance for council direction on December 5, 2022.
SUMMARY:
Due to the increasing popularity of short-term rentals, it is recommended that Englewood's STR
ordinance be amended to create additional accountability for the hosting platforms and
operators by allowing the city to fine both entities directly for illegal transactions. Additional
changes are proposed to the ordinance, including making the ordinance gender neutral, adding
language associated with notarized signature requirements, addressing neighborhood concerns
regarding life/safety postings, and addressing record keeping concerns. Included in this
communication are additional provisions identified during the December 5, 2022 study session
for which staff is also seeking direction.
ANALYSIS:
Community Development and the City Attorney’s Office have been working to draft changes to
the STR ordinance which would enable booking service providers and hosting platforms such as
AirBnb and VRBO to be held financially responsible for facilitating a transaction between a
person operating a STR without a City of Englewood permit. At the last study session,
members of city council requested that these financial responsibilities also be extended to the
STR operator.
Staff has incorporated these changes and others into the draft ordinance. The proposed
revisions in the attached ordinance would accomplish the following:
• Make the ordinance gender neutral;
Page 149 of 191
• Keep the requirement in place for notarized signatures on “Proof of Residency and
Ownership Affidavit” but require the notary to be a licensed Colorado Notary Public;
• Increase the number of documents required to provide proof of residency by one
additional document;
• Enable staff to terminate applications if they are not completed within a certain amount
of time;
• Address neighborhood concerns regarding posting of life/safety information;
• Add Section 5-31-7 Unlawful Acts;
• Strengthen staff’s ability to revoke STR operating permits;
• Add fines per violation to be assessed against operators and hosting platforms; and
• Add Section 3-31-10 Records.
In addition to proposed changes to Title 5, Chapter 31, contained in the attached ordinance,
staff seeks council discussion and guidance on the following:
• Amendment to the definition of “Owner Occupied”: As currently drafted, the proposed
definition contemplates the primary residence as the primary place of return for housing.
Staff requests guidance on whether this definition should also include a specific time
requirement such as the following: “is actually occupied by the owner for not less than
one hundred and eighty-five (185) days each year.”
• Amendment to the definition of “Primary Residence”: As currently drafted, the proposed
definition allows for entity ownership except for properties held by corporations or real
estate investment trusts. Staff seeks guidance on whether ownership should be limited
to natural persons.
• Accessory Dwelling Units (ADUs): As currently drafted, the ordinance stipulates that
ADUs may not be used as STRs. Staff seeks council guidance on whether to continue
to prohibit ADUs from STR use or to allow ADUs to be used as STRs. Possible changes
to allow STRs in ADUs include the following:
• Accessory Dwelling Units. For parcels containing ADUs the owner, if such owner is
also the primary resident of the main residence, may obtain an STR permit for the
main residence or ADU provided that neither is rented during a simultaneous time
period to more than one party under separate contracts.
• Accessory Dwelling Units. For parcels containing ADUs the owner, if such owner is
also the primary resident of the main residence, may obtain an STR permit for the
ADU provided the owner maintains the main residence as their primary residence
and is present on site during the rental period.
Page 150 of 191
As an alternative, it has been suggested that the residency requirement be eliminated and
the Code amended to permit STRs in ADUs only in all zoning districts except for the
following zoning districts where the main residence may be used as an ADU: M-1, M-2,
MU-B-1, and MU-B-2. This alternative would result in a more substantial amendment to
Title 5 Chapter 31. Staff seeks direction from council regarding whether to consider this
change to the ordinance.
• Enforcement – Penalties: The proposed amended ordinance includes additional fines
for owners found to have violated any provisions of Title 5, Chapter 31 as well as liens
against the property for nonpayment. Additionally, EMC § 8-1-10-D currently provides
that “In the event any building, structure or utility is erected, constructed, reconstructed,
altered, repaired, converted, demolished, moved or maintained; or any building,
structure, excavation or utility is used, in violation of this Code, the City or any proper
person may institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance or
occupancy; to restrain, correct or abate such violation; or to prevent the occupancy of
said building, structure or land. The imposition of any penalty hereunder shall not
preclude the City or any proper person from instituting any appropriate action or
proceeding to require compliance with the provisions of this Code and with
administrative orders and determination made hereunder.” The amended ordinance
specifically includes the revocation of a certificate of occupancy for properties in violation
of this Title, as permitted by EMC § 8-1-10-D. Staff requests council direction on the
inclusion of these remedies, including the amount of proposed fines.
As a result of an increased number of reports of illegally operating STRs and in addition to the
proposed ordinance changes, staff will also be conducting a review process to determine
whether a different third-party monitoring service should be retained to provide such services.
Staff resources are not available to continuously monitor STR listings on the various platforms,
nor does staff have access to proprietary systems that have been developed to locate specific
STR listings. In addition to staff members, Community Development Director Brad Power has
invited a member of the Englewood community who has been closely tracking the status of
STRs to take part in the STR monitoring contractor review process.
COUNCIL ACTION REQUESTED:
Staff recommends council review the proposed regulation changes, propose any additional
regulation changes, and direct staff to schedule the draft ordinance for first reading at a regular
council meeting.
FINANCIAL IMPLICATIONS:
The approval of this ordinance would enable the city to issue fines to any hosting platform and
operator that processes an illegal transaction. STR application fees will be assessed following
the enactment and implementation of a revised ordinance to determine if additional monitoring
or staff resources will be required to effectively implement the ordinance.
ATTACHMENTS:
1. Draft Ordinance
Page 151 of 191
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. ____
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING
SHORT TERM RENTALS REGARDING PERMIT REQUIREMENTS AND HOSTING
PLATFORM LIABILITY
WHEREAS, the City of Englewood (“City”) is a home rule municipality organized under
Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule
Charter; and
WHEREAS, Englewood Municipal Charter Sections 3 and 30 provide that the City
Council shall have all municipal legislative powers as conferred by general law, C.R.S. 31-15-103
empower the City Council to establish those laws necessary and proper to provide for the safety,
preserve the health, promote the prosperity, and improve the morals, order, comfort, and
convenience of such municipality and the inhabitants thereof; and
WHEREAS, City staff recommends to Englewood City Council modification to the
regulations and licensing requirements for short term rental properties in the City is necessary to
avoid potential negative impacts to residential areas, control the impacts on the supply of long-
term housing, level the playing field with commercial lodging businesses, and to protect the public
health, safety and welfare; and
WHEREAS, City staff responsible for administering the City’s short-term rental
regulations does hereby recommend amendments to Title 5 Chapter 31 regarding Short Term
Rentals to provide and clarify the requirements for licenses and permits, and ensure hosting
platforms list only properly licensed and permitted properties as available for short term rental on
their platforms; and
WHEREAS, the Englewood City Council finds and declares that the adoption of amendments
to Title 5, Chapter 31 to the Englewood Municipal Code regarding short term rentals as set forth
herein are proper for the reasonable needs and desires of the City and in the promotion of the public
health, safety, and welfare of the City’s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Englewood Municipal Code Title 5 Chapter 31 regarding Short Term Rentals is
hereby amended to read as follows (new provisions in italics, deleted provisions struck through):
5-31-1: Definitions.
The following definitions are applicable to this section:
Page 152 of 191
Applicant: The owner(s) of the real property for which a short term rental permit is
sought. If a property has multiple owners, including joint ownership by spouses, all
persons with an ownership interest must sign the application permit.
ADU: An accessory dwelling unit.
Bed and Breakfast: Another term for a short term rental. The nightly or weekly rental of
a residential dwelling unit, or portion thereof, ancillary to a primary living use, with
or without the service of a morning meal and where the operator lives on the
premises, excluding hotels, motels, for less than thirty (30) days, including but not
limited to, a single family dwelling, dulex, townhome, condominium, or similar
dwelling.
Community Development Department (CDD): The Community Development
Department of the City of Englewood.
Director: Director of Community Development, or his/her designee.
Enforcement Officer/Premises Inspector: The provisions of this Chapter shall be
administered and enforced by the City Manager of the City of Englewood, or his
designee. The Enforcement Officer, who may be a zoning enforcement officer,
building official, fire marshal, or other designee, will have all legal powers necessary
to enforce this Chapter. Any appropriate enforcement officer may service serve as a
Premises Inspector, as designated by the Director. Summons and complaints issued
by the Enforcement Officer may be served by the Enforcement Officer, a Code
Enforcement Officer, or a Law Enforcement Officer.
Hosting Platform: Any person or entity that facilitates reservations or payments between
a short-term rental licensee and a person seeking lodging accommodations for a
period of less than thirty (30) consecutive days.
Long Term Lease: The lease or rental of a property for thirty (30) days or longer.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as
otherwise permitted by law, to be used, developed, or built upon as a unit. If two (2),
or more lots designated by plat, are combined to be built upon as a unit, the combined
lots shall be understood to be a single lot for purposes of this short term rental code.
Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe
County Deed of Record. Such persons are also the persons who sign the "proof of
residency" affidavit. A long term renter is not a property owner.
Owner Occupied: Means the property owner's primary residence and is actually occupied
by the owner for not less than one hundred and eighty-five (185) days each year. A
person can only have one (1) primary residence.
Permittee: The owner of the dwelling unit that has a valid STR operating permit and
business license.
Primary Residence: Means a residence the place in which a person's habitation is fixed
for the term of the license and is the person's usual place of return for housing. A
person can only have one (1) primary residence. See 5-31-3 for documentation
requirements. which must be proven pursuant to EMC § 5-31-3. If the title to the
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STR property is held by partnership, association, trust, or similar entity, the entity
must declare the ultimate beneficial owner of the STR for whom the STR is that
person’s primary residence. Properties held by corporations or real estate
investment trusts are not eligible to apply for an STR.
Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30)
days.
Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or
portion thereof, with or without a morning meal, ancillary to a primary living use,
excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including
but not limited to, a single family dwelling, duplex, townhome, condominium, or
similar dwelling. The term short term rental also includes and applies to "vacation
rentals."
5-31-2: Business License Required.
A. It shall be unlawful for any person or entity to offer or provide lodging in the form
of a short term rental, with or without a morning meal, within a residential property
located within the City of Englewood, without obtaining an annual business license
from the City of Englewood, in conformance with this Title.
B. Prior to applying for a business license in conformance with this Title, the applicant
must have complied with each of the following:
1. The property must be zoned to allow for such use.
2. The property owner and primary resident must have a short term rental registration
approved by the Department of Community Development CDD, including proof of
residency and ownership affidavit, if applicable.
3. The property owner must have a short term rental operating permit obtained in
conformance with this Chapter, bearing the signatures of all property owners and
applicable Premises Inspectors.
C. A business license issued for a short term rental is not assignable or transferable to
any other party or any other property. A property may not be under more than two
(2) rental agreements for any fixed dates and times. Upon the sale or transfer of more
than ten percent (10%) of the legal interest in a property, or the long term lease for
sale of a property used as a short term rental all issued business licenses, rental
registrations, or operating permits become null and void.
5-31-3: Application for Short Term Rental Registration.
A. Application Process. Each applicant for a short term rental registration shall submit
an application to the City of Englewood Department of Community Development
(CDD).
B. Short Term Rental Registration Requirements. The short term rental registration
form shall be promulgated by the CDD, and shall include the following
documentation:
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1. Proof of Ownership of the Subject Property Affidavit. Proof of ownership shall
require a copy of a deed on file with Arapahoe County.
2. Proof the Subject Property is the Primary Residence of the Owner in the following
zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and
MU-R-3-C. Proof the Subject Property is the Primary Residence of the Owner is not
required in the following zoning districts: M-1, M-2, MU-B-1, and MU-B-2. STRs
are prohibited in the following zoning districts: I-1, I-2, and PUD. Proof of residency
requires a signed and notarized "Proof of Residency and Ownership Affidavit" by a
licensed Colorado Notary Public promulgated by the Englewood Department of
Community Development CDD. For properties owned by entities authorized to
operate STRs under this Title and Chapter, the individual completing the Affidavit
will be required to provide their authorization to sign on behalf of the entity. Any
such affidavit will include an oath that all information included therein is true and
correct under penalty of perjury, and shall be supported by current State or Federal
filed income tax return cover page showing the primary residence (with sensitive
information redacted) and at least one (1) two (2) of the following documents
indicating that the property is the applicant’s primary residence: a valid motor
vehicle registration, a valid Colorado driver's license, or a valid Colorado
identification card, or voter registration, a utility bill, or any other legal
documentation deemed sufficient by the Director which is pertinent to establish
primary residency.
3. Signed/Approved Operating Permit. An approved operating permit in accordance
with EMC Sections §§ 5-31-4 and 5-31-5.
4. Acknowledgement of Right to Inspect. Signed acknowledgement that the City has the
right of inspection of the rental premises for conformance with the City's life/safety
codes at any reasonable time.
5. Waiver of Liability. The City of Englewood assumes no responsibility for the
operation of the permitted STR property. The owner(s) shall sign a waiver and
release of liability, acknowledging and agreeing to indemnify and hold harmless the
City of Englewood from any and all negligent acts which may occur from the renting
or operation of the STR. Such indemnification shall include defending the City from
any claims arising from the use of the property as an STR. The owner(s) shall further
warrant and agree to compensate the City of Englewood for any expenses incurred
in any defense of any lawsuit or other action associated with the renting or operation
of the STR, and which is brought against the City.
6. Certificate of Insurance.
a. A permittee shall inform his or her insurance company that the property covered by
the insurance company will be used as a short term rental before any short term rental
transaction is processed, regardless of whether the permittee obtains liability
insurance for the short term rental through that insurance company. The permittee
shall verify compliance with this notification requirement by executing and
submitting an insurance form affidavit provided by the CDD during the application
process.
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b. A permittee shall maintain liability insurance to cover use of the short term rental in
an amount determined appropriate by the insurance company insuring such short
term rental, but no amount of less than one million dollars ($1,000,000) in the
aggregate. Such coverage shall be maintained in full force and effect for the term of
the business license. Alternatively, a permittee may elect to conduct each short term
rental transaction through a hosting platform that provides equal or greater insurance
coverage for each short term rental use, and documented upon the insurance form
affidavit.
c. If the property being used as a short term rental is included in a home owners
association, the applicant for a short term rental business license shall inform the
home owners association that the applicant intends to use the property as a short term
rental prior to obtaining a short term rental business license. The permittee shall
verify compliance with this notification requirement by executing and submitting an
HOA form affidavit provided by the CDD during the operating permit application
process.
7. Floorplan. A scale floorplan of the STR, including all levels;
8. Property Plan. A scale plan for the property showing all parking areas;
9. Contact information.
a. Owner. The owner shall provide a cell and/or home telephone phone number, mailing
address, email address, and property address, if different from mailing address. The
owner shall agree to accept service of notice of violation at such address either
personally or upon posting of notice upon the property.
b. Primary Contact. Each STR owner or operator shall designate a primary contact
person. If the primary contact is not the owner(s), the primary contact shall be a
named individual and the following information shall be provided: cell and/or home
telephone number, mailing address, email address, and business address and business
phone, if applicable. Any change(s) to the primary contact information shall be
provided, in writing, to the CDD, within ten (10) days of such change(s). Failure to
notify the CDD of such change is grounds for revocation of the short term rental
registration and business license. The primary contact shall be available on a twenty-
four (24) hour basis, seven (7) days per week, and be able to respond to any concerns
from renters or city enforcement personnel. The primary contact may be the property
owner(s) or another person employed by, authorized by, or engaged by the owner(s)
to manage, rent or supervised the STR. The primary contact shall be able to respond
to any concerns that may arise during any rental period of the STR, including the
ability to access the STR in a timely manner.
10. Posting Notice. A copy of both the short term rental operating permit and the
provisions of Sections EMC §§ 5-31-5 and 5-31-6 shall be conspicuously posted
within the area rented for use as an STR. The visibility of the place of posting shall
be confirmed with the pPremises iInspector during the inspection of each premises
prior to issuance of an annual operating permit.
11. Regulatory Compliance. All STRs shall meet the standards of all applicable building,
electrical, plumbing and fire codes adopted or amended by the City of Englewood.
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12. Additional Documentation. All other documentation referred to within this Chapter,
or as required by the CDD.
D. Ineligible Properties. An apartment complex comprised of rental units may not be
utilized as an STR. Any property within I1, I2, or a PUD zone district may not be
utilized as an STR.
E. Review of Short Term Rental Registration Request. The City Manager, or designee,
shall review each submitted short term rental registration form, and associated
documentation as required by this Title and Chapter, within thirty (30) days of receipt
of any such Registration Form. Following determination that the application is
complete, the registration form and associated documentation shall be referred to all
applicable City departments for review regarding conformance with all applicable
Codes of the City of Englewood. Within sixty (60) days following the filing of the
application the applicant will be provided with a written determination of
approval/disapproval of the STR registration request. A property operating as an STR
without a STR business license, rental registration and operating permit shall not be
eligible to receive any such license or permit until thirty (30) days following
compliance with these regulations and all applicable zoning regulations.
1. An applicant’s failure to amend an application to comply with these requirements
within 15 days’ notice by the City shall be deemed a termination of the application
and the applicant shall be required to file a new application for a STR registration
accompanied by the application fee.
F. Non-assignable. A short term rental registration may not be transferred or assigned
to any other party or any other property.
5-31-4: Short Term Rental Operating Permit.
A. STR Operating Permits Required. All STRs must have a valid and current operating
permit. An operating permit shall be effective for twelve (12) months, and shall go
into effect upon the date of issuance, unless surrendered, suspended or revoked for
cause. Operating permits shall be issued by the CDD in accordance with this Chapter.
B. Non-Assignable. An operating permit issued for a short term rental may not be
transferred or assigned to any other party or any other property.
C. Posting the Operating Permit and Life/Safety Information. The operating permit
shall be signed by all owner(s) of the real property used as an STR and be
conspicuously posted within the area rented as an STR. Additionally, the life/safety
information set forth in Section EMC § 5-31-6 shall be conspicuously posted within
the area rented as an STR.
D. STR Operating Requirements.
1. Accountability. The STR shall be the legal responsibility of the legal owner(s) as set
forth on the application and permit, and the owner shall agree to accept notice of
violation either in person or upon posting upon the property.
2. Primary Residence. A residence used as an STR shall be the primary residence of
the legal owner(s), except when a waiver of this provision has been issued by the
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Board of Adjustments and Appeals or in the following zoning districts: M-1, M-2,
MU-B-1, and MU-B-2.
3. Accessory Dwelling Units. For parcels containing ADUs the owner, if such owner is
also the primary resident of the main residence, may obtain an STR permit for the
main residence only. STRs are not permitted in ADUs.
4. Maximum Occupancy per Bedroom. An STR shall not exceed two (2) adults per
bedroom.
5. Maximum Occupancy of Premises. The maximum overnight occupancy of an STR
shall be no more than eight (8) persons.
6. Prohibited Structures. No STR shall be located in any recreational vehicle, travel
trailer, or temporary structure.
7. Limitation of Rental Contracts. No STR shall be under more than two (2)
simultaneous rental contracts.
8. Limitation on Multiple Uses. During any rental period, the STR shall not be used for
any purpose (e.g., home-based business, temporary event, etc.) by the renter or owner
other than for lodging purposes.
9. Parking. All STRs shall provide one (1) parking space per bedroom. STRs lacking a
paved parking space in a driveway, garage, or carport shall be limited to two (2) on-
street parking spaces. These on-street locations shall remain public and may not be
reserved by the use of any signage. Any advertisements or listing of the STR shall
provide the number of parking spaces available for use by the renter, and the location
of such parking spaces (on-street, off-street). The number of bedrooms for rent may
not exceed the number of available parking spaces.
10. Premises Inspection. Each property shall complete an initial premises compliance
and safety check in conformance with a checklist promulgated by the CDD. Upon
determination of compliance with this Chapter by the Premises Inspector, the
property shall be issued a certificate of inspection. Annual premises inspections shall
be completed in accordance with Section EMC § 5-31-5(J). During the inspection
the Premises Inspector shall verify the posting place within the premises is
conspicuous.
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1
5-31-5: Special Conditions and Restrictions of the Short Term Rental Business
License.
Violation of any of the following provisions may result in revocation of the business
license and short term rental registration:
A. Fees. Fees associated with the issuance of the operating permit, registration, business
license and any other requirements of this Chapter, shall be established by action of
the Englewood City Council, and set forth within the City's Fee and Rate Schedule.
B. City Tax Certificate. The owner of any STR issued a business license by the City of
Englewood must obtain a valid City of Englewood Sales Tax Certificate within thirty
(30) days from the approval of the business license application.
C. State Tax License. The owner of any STR issued a business license by the City of
Englewood must obtain a valid State of Colorado sales tax license within thirty (30)
days from the approval of the business license application.
D. Tax Liability. Owners and operators of STRs shall be subject to, and responsible for,
all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the
Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed
to incorporate and be applicable to all STRs. Failure to collect and remit all
applicable sales and lodging taxes at the City, State or Federal level is grounds for
revocation of the operating permit and liens against the STR property pursuant to
Title 4-4-4-1.
E. Life Safety. All STRs shall contain the following: a minimum of one (1) operable fire
extinguisher per floor (or more if deemed necessary during the premises inspection),
operable carbon monoxide detectors in all rooms used for sleeping purposes, and
operable smoke detectors on each floor of the STR. An STR with living or sleeping
areas within a basement area shall be equipped with egress windows and other exit
systems.
F. Noise. No person shall make, cause, permit or suffer any unreasonable noise from
any STR that is in excess of the sound pressure limits set forth in Section EMC § 6-
2-8 of this Code.
G. Property Maintenance. The STR property shall be properly maintained and free of
loose, uncollected trash, garbage, and litter. The owner(s) or management company
shall comply with all property codes of the City of Englewood.
H. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum
of one (1) square foot in area. The sign shall not be illuminated nor contain any
animation.
I. Owner(s) Responsibility for Compliance. Except where otherwise required,
Ccompliance with the terms and conditions set forth in this Chapter shall be the
responsibility of the legal owner(s) of the STR, as set forth on the application and
proof of residency and ownership affidavit, and cannot be delegated to any other
party. Any violations of any term or condition of this Chapter are strictly the
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2
responsibility of the owner(s), and any summons and complaint served for any
violation shall be served upon the owner(s) of the STR.
J. Operating Permit Renewal. All STR permits shall be renewed through the CDD on
an annual basis. All renewals shall include an updated inspection of premises,
including a compliance and safety check, signed by applicable code enforcement
personnel or Premises Inspector, any updates to the information required for a short
term rental operating permit, and proof of payment of all renewal and permit fees.
K. Change of Ownership. Any change of owner, officer, director, or holder of more than
ten percent (10%) of the ownership of any STR shall render such STR business
license, rental registration, and operating permit null and void.
L. Affidavits Under Oath. All affidavits required by this Chapter shall be signed under
penalty of perjury.
M. Publication of Business License Number. Any short term rental permittee and hosting
platform shall include the property’s their City of Englewood business license
number upon any advertisement to lease such property as a short term rental,
including upon any hosting platform website or application, or in any other form of
advertisement of the STR.
5-31-6: Posting of Life/Safety Information.
The owner(s)/operator(s) shall post the following information inside the area rented as an
STR in a conspicuous location for any renters/lessees:
A. A copy of the regulations and requirements regarding short term rental operating
permits;
B. The name, address, and telephone numbers of the primary contact person,
management company, or owner of the STR that can be reached on a twenty-four
(24) hour basis;
C. The maximum number of persons allowed to occupy the STR;
D. The maximum number of vehicles allowed to park on, or in front of, the STR
property;
E. Information regarding the neighborhood where the short-term rental is located
including, but not limited to, trash/garbage storage and removal, recycling storage
and removal, including the days and location of pick-up with Cclearly defined
garbage and recycling areas shall be provided; restrictions on noise and amplified
sound, water restrictions, fire evacuation routes, and any other information, as
required by the director, applicable to the short-term rental and the surrounding
neighborhood;
F. The property address, including house number, street name and city;
G. A list of non-emergency numbers, including the non-emergency number of the police
department;
H. The location of all fire extinguishers and exits, including egress windows; and
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3
I. During the annual premises inspection, the Premises iInspector shall verify the place
of posting is conspicuous to the renter(s).
(Ord. 4-20 , § 1)
5-31-7. Unlawful acts.
A. Safety requirements. It shall be unlawful to operate a short-term rental without a
functioning smoke detector, carbon monoxide detector, and fire extinguisher on the
licensed premises.
B. Primary residence. It shall be unlawful to operate a short-term rental in any location
that is not the applicant's primary residence in the following zoning districts: R-1-
A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3-C. Proof the
Subject Property is the Primary Residence of the Owner is not required in the
following zoning districts: M-1, M-2, MU-B-1, and MU-B-2. STRs are prohibited in
the following zoning districts: I-1, I-2, and PUD.
C. Compliance with city and state laws. It shall be unlawful to operate a short-term
rental that does not comply with all applicable city and state laws.
D. Advertising. It shall be unlawful to advertise a short-term rental without the license
number clearly displayed on the face of the advertisement. For the purpose of this
section, the terms "advertise," advertising" or "advertisement" mean the act of
drawing the public's attention to a short-term rental. in order to promote the
availability of the short-term rental, including but not limited to websites and other
electronic applications or media, and print video, or other promotional materials.
E. Insurance. It shall be unlawful to operate a short-term rental without liability
insurance within the liability coverage of a minimum of $1,000,000.00.
F. Commercial events. It shall be unlawful to operate or advertise the use of the STR
as a commercial venue for weddings, parties, or for any similar activities.
G. Unlawful transactions. It shall be unlawful for any hosting platform to advertise or
receive payment, directly or indirectly, for an unlicensed short-term rental located
in the City of Englewood. The provisions of this subsection G are strict liability in
nature.
H. Records. On and after February 1, 2023, it shall be unlawful for any person or entity
to fail to comply with section EMC § 5-31-10.
I. Penalty. In addition to the general penalty provided for in EMC § 1-4-1, a hosting
platform who violates subsection (G) or (H) of this section shall be subject to a civil
penalty of one thousand dollars ($1,000.00) per violation per day.
5-31-78: Revocation/Termination/Surrender of Business License and Operating
Permit.
A. Surrender. Business licenses, rental registrations, and operating permits shall be
deemed surrendered upon delivery to the City of written notice by the property
owner(s), or representative, that a dwelling or property will no longer be used as short
term rental.
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4
B. Termination. A termination of the business license, rental registration, and operating
permit occurs when the ownership of the property has been sold, assigned, or
otherwise transferred to a new owner(s), or the current STR permit holder has failed
to obtain a renewal of the operating permit on or before its annual renewal date.
C. Revocation. Any STR operating permit may be revoked for cause or suspended by
the Director, or his/her designee, after written notice to the owner(s) for the following
violations:
1. Violation of any term or condition of the operating permit, or for any violation of
any provision set forth in this Chapter, if such term or condition is not abated in
conformance with an administrative notice of violation, or is deemed egregious by
the Director.
2. Violation of any provision of the Englewood Municipal Code, City Ordinance, or
State law relating to the maintenance of the permitted property operating as an STR,
if such term or condition is not abated in conformance with an administrative notice
of violation, or a failure to remain in compliance with all City or State sales tax
regulations.
3. The existence of any condition, or performance of any act, which the City determines
constitutes nuisance or causes a condition endangering the health, safety and welfare
of any individual(s), or has caused damage to the STR dwelling unit identified by the
operating permit, including damage caused by fire, flood, wind, or other natural
disaster, if such condition or act is not abated in conformance with a notice of
violation.
4. After a third violation of any provision of this Chapter, the Englewood Municipal
Code, or applicable State or Federal law or regulation has been administratively
verified, the Director of Community Development, or his/her designee, shall revoke
the STR operating permit and rental registration. Notice of revocation shall be
conveyed to the Business Licensing Officer for revocation of the business license.
5. Upon revocation of any short term rental business license, the licensing officer shall
notify hosting platforms that the business license has been revoked, and the period
of time associated with such revocation.
D. Denial/Temporary Denial. The Director of Community Development, or his/her
designee, may deny or withhold the approval of a renewal of an annual operating
permit if the property is in violation of any applicable title or chapter of the
Englewood Municipal Code.
E. Term of Revocation. The owner(s) of an STR business license, rental registration,
and operating permit that has been revoked for a violation shall not apply for another
STR operating permit for a period of eighteen (18) months for any property.
F. Administrative Appeal. Any denial, temporary denial, or revocation of an STR
business license, rental registration or operating permit may be appealed to the Board
of Adjustment and Appeal in accordance with the procedures set forth in Title 1,
Chapter 10 of this Municipal Code.
(Ord. 4-20 , § 1)
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5
5-31-89: Enforcement.
A. Allegation of Violation of this Chapter. The Enforcement Officer shall be responsible
for the enforcement of all provisions of this Chapter in association with a short term
rental operating permit and a short term rental registration, and is hereby authorized
to undertake all investigations of violations of such as set forth in this Chapter, to
issue notices and orders, to issue summons and complaints for prosecution in the
Englewood Municipal Court, to bring any legal action in other courts of competent
jurisdiction, and to take other measures as are necessary for the enforcement of the
provisions of this Chapter. Violations of the business license shall be enforced in
accordance with Chapter 1 of this Title.
1. Right of Access/Inspection. Pursuant to the terms of the operating permit, the
Enforcement Officer has the right of access and entry upon any property operating
as an STR with a valid STR business license and operating permit, at any reasonable
time, and upon reasonable suspicion, to make inquiry and inspection to determine if
health or safety violations exist upon the property in violation of any Title of the
Englewood Municipal Code.
2. Notice of Inspection. Prior to inspection the Enforcement Officer shall provide notice
of the intent to inspect to the owner(s) of the STR property. Such notice may be
personally served upon the owner(s), or by posting the notice on the STR property,
by mailing the notice to the owner(s) at their last known address address on file with
the City, via U.S. Mail, postage prepaid, or by publication in a newspaper of general
circulation. The notice to inspect shall be deemed served when personally served,
posted upon the property, or upon three (3) days from the date of mailing.
3. Contents of Notice of Inspection. The notice of inspection shall include the date and
time that the notice was served, posted, or mailed, the date and time of the proposed
inspection, a request that the owner(s) be present for the inspection, the name and
contact information of the Enforcement Officer, and a specific statement as to each
suspected violation. The property owner may contact the Enforcement Officer to
seek another time for the inspection, as long as such inspection occurs within three
(3) business days of having received the notice of inspection.
4. Failure to Comply with Inspection Notice. Failure to comply with inspection notice,
or make the property available for inspection, shall be grounds for revocation of the
business license and operating permit in accordance with EMC Section § 5-31-7
above.
B. Administrative Compliance/Notice of Violation.
1. Notice of Violation. Following inspection, or upon other evidence of non-compliance
with this Chapter, the Enforcement Officer shall provide written notice of the
violation(s) of this Chapter to the owner(s) of the STR premises.
2. Receipt of Notice of Violation. The notice shall be deemed received immediately
when served upon the owner(s) by posting such notice on the permitted STR
property, or by personally serving the notice to the owner(s) at the address provided
for such service. Service to the hosting platform shall be as permitted by law.
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3. Contents of Notice of Violation. All notices shall include the following information:
a. The common address or legal description of the property upon which the STR is
located;
b. A specific notice that the owner(s) of the property is/are in violation of the
Englewood Municipal Code, specifically listing those sections of the Code of which
the property is alleged to be in violation;
c. An administrative order directing the owner(s), or primary contact, of the property
to correct the condition within five (5) days of the date of receipt of said notice, such
compliance date to be clearly stated upon the face of the notice;
d. Contact information for the Enforcement Officer assigned to the matter;
e. Notice that the administrative order may be appealed to the Board of Adjustment and
Appeals in compliance with the procedures in Title 1, Chapter 10 of the Englewood
Municipal Code;
f. Notice that failure to comply with the administrative order, or file an appeal of such
order, within the time provided upon such notice, or extension thereof, shall result in
the immediate revocation of the STR operating permit and business license; and
g. Notice that such violations may be subject to criminal prosecution, in addition to any
administrative action or order.
4. Compliance Inspection. Within five (5) business days following receipt of the
administrative notice and order, the property owner or primary contact alleged
violator shall contact the Enforcement Officer to schedule inspection of the property.
The Enforcement Officer shall provide a compliance inspection, and shall dismiss
the administrative order following a determination that the property is in compliance
with the provisions of this Code.
5. Extensions of Time. The Enforcement Officer is authorized to provide one (1)
extension to the administrative notice of no more than five (5) days, including
weekends and holidays, following a compliance inspection of the property if the
Enforcement Officer believes the property owner alleged violator made a good faith
but unsuccessful effort to correct the violation(s), and such violation(s) may be
successfully remediated within such additional time.
6. Notification to Hosting Platforms of Revocation. At the end of the compliance period,
or any extension thereof, if the administrative order has not been dismissed by the
Enforcement Officer, the Enforcement Officer shall notify the business licensing
division of the City of Englewood that the business license for the STR shall be
revoked pending compliance with the administrative order, and hosting platforms
notified of such revocation.
7. Administrative Appeal. An administrative order may be appealed to the Board of
Adjustment and Appeals in compliance with the procedures in Title 1, Chapter 10 of
the Englewood Municipal Code.
C. Municipal Prosecution; Summons and Complaint; Notice to Appear; Right to
Proceed; Fines and Costs; Appeals.
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1. Municipal Search Warrant. If the owner or primary contact alleged violator fails to
schedule a time for the compliance inspection within five (5) business days following
service of the administrative notice, the Enforcement Officer may seek a search
warrant for the inspection of the premises under the provisions of Section EMC § 1-
7A-4 of the Englewood Municipal Code.
2. Issuance of Citation. If the Enforcement Officer has not made a determination that
the property is in compliance with the Englewood Municipal Code within the time
provided for compliance with the administrative notice of violation, the Enforcement
Officer is authorized to issue to the owner(s) of the STR property a summons and
complaint and notice to appear in the Englewood Municipal Court to answer to
charges of a violation of this Chapter, and to take all administrative action associated
with revocation of the STR business license and operating permit. Summons and
complaints issued by the Enforcement Officer may be served by the Enforcement
Officer, a Code Enforcement Officer, or a Law Enforcement Officer.
3. Administrative/Civil Enforcement. During the pendency of the case in the Municipal
Court, the City shall not be precluded from addressing the violations of this Chapter,
or any other Title of the Englewood Municipal Code applicable to the STR, through
administrative or civil action to bring the STR property into compliance with this
Chapter or the Englewood Municipal Code, or any other applicable law or regulation.
The business license and operating license may be administratively revoked in
compliance with this Chapter, in addition, to criminal prosecution.
4. Penalty Provisions. Any person or entity found guilty by the Municipal Court of
violations of this Chapter, or who enters a plea of guilty or nolo contendere, to any
violation of this Chapter, or any other violation of the Englewood Municipal Code
in association with the operation of a STR, shall be subject to the provisions of the
general penalty, EMC Section § 1-4-1, and shall be ordered to bring the property
and/or violation into compliance before re-letting the property to any short term
renters. In addition to the general penalty provided for in EMC Section§ 1-4-1, any
owner in violation of this Chapter shall be guilty of an offense punishable as follows:
a. The fine for a first violation is five hundred dollars ($500.00).
b. The fine for a second violation is one thousand dollars ($1,000.00).
c. The fine for a third or subsequent violation is one thousand five hundred dollars
($1,500.00).
d. Each day a provision of this Chapter is found to have been violated constitutes a
separate violation subject to the fine schedule set forth in this section.
e. Any fines shall be debts due and owing to the City. The City may collect by any
means allowed by law, including, but not limited to, filing a lien against the STR.
f. The fines provided for herein shall not be construed as limiting the power of a
court of competent jurisdiction or an administrative hearing officer to impose other
penalties and/or remedies as provided by applicable law, including without
limitation the revocation of the certificate of occupancy for the property under EMC
§ 8-1-10-D. In addition, a licensee found to have violated any provision of this
Chapter may be subject to license revocation, suspension, or nonrenewal.
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5. Costs. Any person or entity convicted of a violation of this Chapter, or any other
violation of the Englewood Municipal Code in association with the operation of a
STR, shall may be assessed a fine, court costs, and all costs associated with service
of any and all notices upon the property incurred by the City in association with the
enforcement of this Chapter.
6. Notification to Hosting Platforms. All hosting platforms shall be notified by the
business licensing division or Code Enforcement Officer of the City of Englewood
when a short term rental's business license/operating permit has been revoked, and
such entities will be directed to remove the short term rental from any lists of
properties advertised for rental.
7. Appeal of Convictions in Municipal Court. All appeals of convictions within the
Municipal Court shall be to the District Court as provided by applicable law.
5-31-10. Records.
A. Each short-term rental licensee shall maintain the following records for transactions
facilitated in the City of Englewood within the past three years:
1. Total number of nights the short-term rental was rented to a guest; and
2. The dates in which the short-term rental was rented by a guest.
B. Each hosting platform shall maintain the following information for short-term rental
transactions facilitated in the City of Englewood within the past five years:
1. The name of the person who offered the short-term rental;
2. The address of the short-term rental;
3. The dates for which the short-term rental was booked by a guest;
4. The price paid by the guest for each short-term rental transaction; and
5. The short-term rental license number.
C. The CDD shall maintain and make publicly available a list of all licensed short-term
rentals within the City and all properties cited for violations of any provision of this
Chapter.
5-31-911: Waiver from Administrative Regulation(s).
A. Waiver from Regulation(s). The Board of Adjustment and Appeals may, upon
application from the property owner, authorize waivers from the strict application of
the following provision(s) of this Chapter:
1. Requirement that a short term rental be owner occupied. NOTE: proof the subject
property is the primary residence of the owner is only required in the following
zoning districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, and
MU-R-3-C.
B. Requirement for Approved Waiver. Unless an approved waiver from regulations is
on file with the City Clerk, short term rental businesses must be in compliance with
all operating, registration and licensing regulations set forth within this Chapter. A
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waiver is not assignable to any other person/entity or transferable to any other
property. It shall become null and void upon sale or transfer of the more than ten
percent (10%) interest in the property.
C. Form of Application. The application for waiver from regulation(s) shall be
promulgated by the Department of Community Development CDD. Such application
shall provide for the applicant to respond to each of the following waiver standards:
1. A statement of any and all special circumstances or conditions peculiar to the
particular business or property owner that do not apply generally to all short term
rental businesses or enterprises; and
2. An explanation of why the requested waiver will not weaken the general purposes of
this Chapter as to the subject property; and
3. An explanation of how the property owner will provide alternate effective means of
assuring the goals of the regulation(s) sought to be waived will be upheld, and that
neither the waiver nor the alternate means of assuring regulatory compliance will
alter the essential character of the district in which the short term rental is located.
Examples of alternate effective means include, but are not limited to:
a. Affidavit from hospital/medical facility that such STR is regularly rented in support
of patient care.
b. Affidavit from hospital/medical facility that such STR is monitored by such
hospital/medical facility on a twenty-four (24) hour basis.
D. Filing Application; Hearing Procedure. Upon receipt by the City Clerk or Clerk of
the Board of any application for a waiver from Regulations, the same shall be referred
to the Board, and a date, time and place for hearing thereon shall be set, which shall
direct public notice thereof to be given in conformance with Section EMC § 1-10-2-
6; provided, however, that the Board may authorize its Clerk to set a date, time and
place for hearing upon receipt of such application in lieu of such action by the Board
itself. The Board shall hold a public hearing on the proposed waiver from regulations
in conformance with Title 1, Chapter 10.
E. Criteria for Approval. The Board may waive or modify any of the provisions set
forth in Section EMC § 5-31-911(A) if it finds that applying such regulation or
regulations to the short term rental is unnecessary in accordance with the criteria
listed below:
1. Special circumstances or conditions peculiar to the specific STR or property owner
exist that do not apply generally to all short term rental businesses or enterprises.
Examples of special circumstances may include:
a. Property located in a district zoned for commercial or medical uses,
b. Property owned and managed by a medical facility/hospital,
c. Property owned and managed by an abutting property owner, and regularly rented in
support of patient care.
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2. The requested waiver from regulation(s) will not weaken the general purposes of this
Chapter.
3. The property owner will provide alternate effective means of assuring the goals of
the regulation(s) sought to be waived, and such alternate means will not alter the
essential character of the district in which the short term rental is located.
Alternate effective means may include, but are not limited to:
a. A twenty-four (24) hour on-duty maintenance manager located within one (1) mile
of the property,
b. Installation of noise detection system.
F. Findings of Fact and Conclusions of Law. Following such hearing, the Board shall
make written findings either approving, conditionally approving, or denying the
waiver from regulation. The decision on whether to approve or deny an application
for a waiver from regulation shall be in writing, based upon substantial evidence
presented at the public hearing.
G. Procedure Following Approval. If the application is approved a form, as
promulgated by the Department of Community Development CDD, shall be
completed by the Board and signed by the Chair of the Board, and filed with the City
Clerk, setting forth the following information, and any other information necessary
to proper documentation of any approval or denial of such request for a waiver of
regulation:
1. Date such waiver from regulations becomes effective;
2. Duration of the waiver from regulation(s);
3. Clear statement of that regulation(s) for which a waiver has been approved;
4. Any documentation the property owner must submit to the enforcement official, and
the regularity of such submission of documentation, proving the grounds for the
waiver of regulation continue to exist; and
5. Any additional regulations imposed upon the property owner and property to assure
the waiver from regulation(s) will not weaken the general purposes of this Chapter.
H. Post Decision Remedies. Initiation of the following remedies must occur within thirty
(30) days of the Board decision. For the purpose of this subsection, the Board
decision shall be the vote on the waiver request.
1. Rehearing. If the applicant or an interested third party finds evidence that was not
available at the time of the hearing that may materially bear on the case, a request for
a rehearing may be made to the Board. The request shall be in writing and contain
the following:
a. A summary of the new evidence.
b. The reason the evidence was not available to the Board at the original hearing.
c. A statement as to why it is believed that the evidence will materially affect the
decision of the Board.
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2. The Board shall hear the request for rehearing and shall vote on the issue of granting
a rehearing. The chairperson shall announce the Board's decision. If a rehearing is
granted, a new date will be set for a public hearing and all posting and publication
requirements shall apply and shall be the responsibility of the original applicant. If a
rehearing is denied, the original Board decision shall stand.
3. Reconsideration. If a Board Member believes that the Board would benefit from
reviewing a Board decision, a motion for reconsideration of the decision may be
made. If the motion to reconsider fails, the original decision stands. If the motion to
reconsider is approved, the original waiver request shall be reheard by the Board.
The Board may reconsider the waiver request immediately or may continue the
reconsideration to a date certain.
4. The reconsideration shall be limited to the facts presented in the original waiver
request and no new evidence shall be taken. The Board may confirm, reverse, or
modify the original decision.
I. Appeals of Board Decisions. Appeals of final decisions of the Board may be made
to the District Court pursuant to Rule 106, Colorado Rules of Civil Procedure.
Section 2. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. 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.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. 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.
D. 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
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12
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the ___ day of __________, 2023.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the ___
day of __________, 2023.
Published as a Bill for an Ordinance on the City’s official website beginning on the ___
day of __________, 2023 for thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on
first reading on the ___ day of __________, 2022.
Stephanie Carlile
Page 170 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: January 23, 2023
SUBJECT:
Resolution appointing members to boards, commissions, and
committees.
DESCRIPTION:
Resolution appointing members to various boards, commissions, and committees.
RECOMMENDATION:
Staff recommends Council approve a resolution appointing members to various boards,
committees, and commissions.
PREVIOUS COUNCIL ACTION:
City Council interviewed applicants on January 9, 2023 for board and commission vacancies.
SUMMARY:
Board and Commission members are appointed by City Council in February and July of every
year. The process for appointing board and commission members includes reappointments of
current members who are eligible for another term and are interested in continuing on the
respective board, appointing alternate to regular members and interviewing new applicants to fill
vacancies on the City's boards and commissions.
COUNCIL ACTION REQUESTED:
Approve a resolution appointing members to various boards, committees and commissions.
FINANCIAL IMPLICATIONS:
None
ATTACHMENTS:
Resolution
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1
RESOLUTION NO.
SERIES OF 2023
A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS
AND COMMITTEES FOR THE CITY OF ENGLEWOOD.
WHEREAS, City Council wishes to appoint members to boards, commissions and
committees for the City of Englewood;
WHEREAS, the names of members to be appointed and the boards, commissions
and committees they will be representing, with term expiration dates set forth below; and
WHEREAS, the City Council wishes to express its gratitude for the volunteerism and
service these individuals have agreed to provide to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby approves the
following persons for appointment to boards, commissions and committees to serve at the
request of the City Council effective February 1, 2023:
BOARD/COMMISSION/COMMITTEE TERM
1. Board of Adjustment and Appeals
a. Randall Friesen – Regular Feb 1, 2027
b. Andy Taylor - Regular Feb 1, 2027
c. Matt Collins - Regular Feb 1, 2027
2. Englewood Housing Authority
a. Mary Mills Lambert -Regular July 1, 2023
b. Madison Andres – Alternate
3. Firefighters Pension Board
a. Garrett Brookes - Regular Feb 1, 2026
4. Historic Preservation Committee
a. Kenneth Chu – Regular July 1, 2024
5. Non-Emergency Retirement Board
a. Garrett Brookes – Regular Feb 1, 2027
6. Planning and Zoning Commission
a. Hope Swearingen - Regular Feb 1, 2025
b. Tena Prange – Regular Feb 1, 2026
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2
c. Aaron Martinez – Regular Feb 1, 2027
d. Colin Haggerty – Regular Feb 1, 2027
7. Public Library Board
a. Gina Olderbing - Regular Feb 1, 2024
b. Scott Gilbert – Regular Feb 1, 2027
8. Sustainability Committee
a. Logan Dunning – Regular Feb 1, 2025
b. Michael Chisholm – Regular Feb 1, 2025
c. Matthew Schultz – Regular Feb 1, 2025
d. Tiana Duncan – Alternate
e. Kathleen Bailey – Alternate
9. Transportation Authority Committee
a. Chris Diedrich – Regular Feb 1, 2027
b. Patrick Lewis – Regular Feb 1, 2027
10. Urban Renewal Authority
a. Linda Cohn - Regular Feb 1, 2028
11. Water and Sewer Board
a. Ty Bereskie – Regular Feb 1, 2029
Section 2. Pursuant to EMC § 2-13A-1, alternate members appointed herein are permitted to
vote and meet quorum requirements when serving in the place of a regular member not in
attendance at such meeting. Moreover, unless the by-laws of the board or commission or
applicable law require otherwise, in the event of a board member vacancy, any board,
commission, or committee may notify the City Clerk that it will elevate an alternate member to a
regular, voting board member position to fill the remaining term of the vacant position.
ADOPTED AND APPROVED this 23rd day of January, 2023.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify
the above is a true copy of Resolution No. , Series of 2023.
Stephanie Carlile
Page 173 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: January 23, 2023
SUBJECT:
CB 05 - Approval of a bill for an ordinance authorizing an
Intergovernmental Agreement with the City of Sheridan for
sustainability services
DESCRIPTION:
CB 05 - Approval of a bill for an ordinance authorizing an intergovernmental agreement for the
City of Englewood to provide sustainability services to the City of Sheridan
RECOMMENDATION:
Staff recommends that Council approve a bill for an ordinance authorizing an intergovernmental
agreement (IGA) with the City of Sheridan to provide sustainability services.
PREVIOUS COUNCIL ACTION:
• Approval of 2023 Annual Budget on October 17, 2022, which included a full-time
Sustainability Coordinator (contingent on 1/5th of the funding coming from the City of
Sheridan)
SUMMARY:
In 2020, Council included sustainability goals and projects in the City of Englewood Strategic
Plan, including the establishment of a sustainability program. Throughout 2020 and into 2021,
staff worked with Council to identify existing sustainability programs and to set sustainability
goals. In 2021, the City of Englewood hired a part-time (32 hours per week) Sustainability
Coordinator to further sustainability goals and programs established by Council as part of the
City of Englewood Strategic Plan. In the spring of 2022, the City of Sheridan expressed interest
to the City of Englewood in sharing a Sustainability Coordinator. If approved by both Councils,
the City of Englewood Sustainability Coordinator will assist the City of Sheridan with the
development and implementation of a sustainability plan, as well as engagement of staff and
community members in sustainability efforts. Both cities believe that sharing this position will
achieve greater economies of scale and allow the Sustainability Coordinator to simultaneously
support both cities in developing and managing sustainability programs. Additionally, this
agreement will continue to foster collaboration between the two cities, which have successfully
partnered (along with the City of Littleton) on homelessness and other topics.
ANALYSIS:
Background
Starting in 2020, the City of Englewood took several steps to develop and implement a
sustainability program:
Page 174 of 191
• Included sustainability goals and projects in the City of Englewood Strategic Plan,
including a project to develop a sustainability program (Summer, 2020);
• Analyzed existing sustainability programs (Fall, 2020);
• Engaged Council in developing sustainability goals and a sustainability plan (Winter,
2021/2022);
• City of Englewood Sustainability Plan (as part of the City's strategic plan) approved by
Council (Spring, 2021);
• Englewood Sustainability Commission approved by Council (Summer, 2021); and
• Hired a Sustainability Coordinator and launched comprehensive sustainability program
(Winter, 2022).
Accomplishments to date include:
• Air Quality- Developed a program to monitor air quality;
• Community Resilience- Created neighborhood grant programs to promote beautification,
service projects, neighborhood identification and events;
• Energy- Development of a committee of staff and community members to develop an
electric vehicle (EV) action plan;
• Water Protection- Held the annual river and stream cleanup event;
• Natural Environment- Conversion of nearly six acres at Broken Tee Golf Course from
maintained turf to native grass areas as well as in certain park areas and preparing for
the State of Colorado Turf Replacement program; and
• Community Resilience- Engaged more than 10% of city employees in sustainability/
resilience outreach events and activities.
In the spring of 2022, the City Manager of the City of Sheridan attended a presentation made by
the City of Englewood Deputy City Manager at the annual meeting of the Colorado City and
County Management Association (CCCMA) on the development of a sustainability program. At
the conclusion of this session, the City Manager of the City of Sheridan reached out to the City
of Englewood Deputy City Manager to discuss the possibility of the two cities sharing a
sustainability coordinator. Both cities believe that this arrangement will achieve economies of
scale and allow both cities to collaborate on efforts related to sustainability and to continue a
history of collaboration between the two cities.
Duties of the City of Englewood
Under the terms of the attached IGA, the City of Englewood will:
• Provide eight hours per week of direct services from the City of Englewood Sustainability
Coordinator to the City of Sheridan;
• Support the City of Englewood Sustainability Coordinator in their work supporting the
City of Sheridan which may include support from the City Manager's Office intern;
graduate student support; administrative support; and guidance from the City of
Englewood Deputy City Manager;
• Through the City of Englewood Deputy City Manager, be available to meet with the City
of Sheridan to discuss any questions or challenges about services provided under the
agreement; and
• Provide support services in the development of a sustainability program for the City of
Sheridan, as requested by the City of Sheridan. Features of a sustainability program in
Sheridan may include, but are not limited to engagement of City of Sheridan staff
members and the community related to sustainability programs; development of a City of
Sheridan sustainability plan; establishment of a City of Sheridan sustainability
Page 175 of 191
committee, board, or commission; and measuring and monitoring of sustainability
projects and measures.
Duties of the City of Sheridan
Under the terms of the attached IGA, the City of Sheridan will:
• Provide a fixed sum not to exceed $45,000, with $15,000 for each year of the contract,
running from 2023 to 2025;
• Determine the location of the work of the City of Englewood Sustainability Coordinator
and times that would work for the CIty of Sheridan; and
• Represented by the City Manager, will communicate with the City of Englewood,
represented by the Deputy City Manager, to discuss questions or challenges about the
services being provided under this agreement.
COUNCIL ACTION REQUESTED:
Staff requests that Council consider approving a bill for an ordinance authorizing an IGA to
share sustainability services with the City of Sheridan.
FINANCIAL IMPLICATIONS:
The City of Sheridan agrees to pay the City of Englewood a fixed sum in an amount not to
exceed $45,000, or $15,000 per year for each of three years beginning in 2023 and ending in
2025. Nothing in the agreement constitutes a multiple fiscal year obligation pursuant to
Colorado Constitution Article X, Section 20. Notwithstanding any other provision of the
agreement, the City of Sheridan's obligations under the agreement are subject to annual
appropriation by the City of Sheridan's City Council. Any failure of a City Council annually to
appropriate adequate monies to finance the City of Sheridan's obligation under the agreement
shall terminate the agreement at such time as such then-existing appropriations are to be
depleted.
CONNECTION TO STRATEGIC PLAN:
The Sustainability Coordinator is responsible for coordinating all goals, metrics, and projects in
the Sustainability outcome area in the City of Englewood Strategic Plan.
OUTREACH/COMMUNICATIONS:
In 2021, Council formally established the Englewood Sustainability Commission ("the
commission") to engage the community and to advise Council and staff on topics related to
sustainability. Commission meetings are open to the public and often members of the public
attend to provide feedback on initiatives and programs. The commission published their first
annual report in the fall of 2022, with a second annual report due out this winter.
ATTACHMENTS:
Council Bill #05
Draft IGA- Sustainability Services
Sustainability IGA presentation
Contract Approval Summary- IGA with Sheridan
Page 176 of 191
1
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 05
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY
OF ENGLEWOOD FOR THE PROVISION OF SUSTAINABILITY
PROGRAM SERVICES.
WHEREAS, in December, 2021, the City of Englewood began the process of developing
a sustainability program. Led by a sustainability coordinator, this program oversees the
implementation of nine goals and over 50 projects designed to implement sustainability programs
and initiatives. The Englewood Sustainability Commission, appointed by Council, provides
community member input on programs and initiatives; and
WHEREAS, in one year, the City of Englewood implemented a comprehensive
sustainability program including project tracking, events, policies and procedures, regional
initiatives, and community member and staff engagement; and
WHEREAS, the City of Sheridan expressed interest to the City of Englewood in sharing
a sustainability program, building on programs and initiatives started in Englewood; and
WHEREAS, the City of Englewood’s sustainability plan and program could be scaled to
fit the needs of the City of Sheridan; and
WHEREAS, the City of Englewood employs a part-time Sustainability Coordinator with
the bandwidth and interest in providing similar services to the City of Sheridan; and
WHEREAS, sharing sustainability program services would achieve economies of scale
for both cities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement entitled Intergovernmental Agreement Between the City of Sheridan
and the City of Englewood for The Provision of Sustainability Program Services a copy of which is
marked as “Exhibit A” and attached hereto.
Section 2. General Provisions Applicable to this Ordinance. The following
general provisions and findings are applicable to the interpretation and application of this
Ordinance:
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2
A. 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.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. 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. This Safety Clause is not intended to affect a Citizen
right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the
terms thereof and this Ordinance. City staff is further authorized to take additional actions as
may be necessary to implement the provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the ___ day of __________, 2023.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the ___
day of __________, 2023.
Published as a Bill for an Ordinance on the City’s official website beginning on the ___
day of __________, 2023. for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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3
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. , Series of 2023.
Stephanie Carlile
Page 179 of 191
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD
FOR THE PROVISION OF SUSTAINABILITY PROGRAM SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into by and
between the City of Englewood, Colorado a municipal corporation (“the City of Englewood”) and the City
of Sheridan, Colorado a municipal corporation (“the City of Sheridan”), effective this ___ day of _____,
2023 (each a “Party” and collectively, the “Parties”).
RECITALS
WHEREAS, the City of Englewood included sustainability goals in the 2020 version of its strategic
plan, followed by the creation of the Englewood Sustainability Commission in late 2021 and the hiring of
a Sustainability Coordinator in early 2022. The Sustainability Coordinator is responsible for implementing
nine sustainability goals and over 45 sustainability projects in the City of Englewood’s strategic plan; and
WHEREAS, in 2022, the City of Sheridan expressed an interest in developing a sustainability
program and contacted the City of Englewood regarding sharing the services of the City of Englewood
Sustainability Coordinator; and
WHEREAS, Colorado Constitution Article XIV and Colorado Revised Statute 29-1-203 authorize
governmental agencies to cooperate or contract with one another to provide any lawfully authorized
function or service
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the Parties
do hereby agree as follows:
ARTICLE I
DUTIES OF THE CITY OF SHERIDAN
1. Payment- The City of Sheridan agrees to pay the City of Englewood a fixed sum in an amount not
to exceed $45,000. The City of Sheridan shall pay $15,000 for each year of this Agreement,
based on the following schedule:
Year First payment Second payment
2023 $7,500 by January 31, 2023 $7,500 by July 31, 2023
2024 $7,500 by January 31, 2024 $7,500 by July 31, 2024
2025 $7,500 by January 31, 2025 $7,500 by July 31, 2024
2. Set Off- In addition to any other rights the City of Sheridan has under this Agreement to
indemnification or recoupment, the City of Englewood agrees that the City of Sheridan is
entitled to set off any amounts it may owe the City of Englewood under this Agreement against
such claims for indemnity or recoupment.
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3. Location and times- The City of Sheridan will determine the location of the work of the City of
Englewood Sustainability Coordinator and times that would work for the City of Sheridan.
4. Communication- The City of Sheridan, represented by the City Manager, will communicate with
the City of Englewood, represented by the Assistant City Manager, on a monthly basis to discuss
any questions or concerns about the services being provided under this Agreement, as well as
being available on an as needed basis for any issues that may arise.
ARTICLE II
DUTIES OF THE CITY OF ENGLEWOOD
1. Sustainability Coordinator Hours- The City of Englewood will provide eight hours per week of
direct services provided by the City of Englewood Sustainability Coordinator to the City of
Sheridan
2. Sustainability Support Services- The City of Englewood Sustainability Coordinator will at all times
remain an employee of the City of Englewood and receive support from the City of Englewood in
performing duties for the City of Sheridan, which may include but not limited to:
• City Manager’s Office Intern support;
• Graduate student support;
• Administrative support from the City of Englewood Finance and Information Technology
Departments; and
• Guidance from the City of Englewood Assistant City Manager.
3. Communication- The City of Englewood, represented by the Assistant City Manager, will meet
with the City of Sheridan, represented by the City Manager, to discuss any questions or
challenges about the services being provided under this Agreement, as well as being available
on an as needed basis for any issues that may arise.
4. Sustainability program management- All services provided by the City of Englewood will provide
the City of Sheridan with support for the development of a sustainability program for the City of
Sheridan and as requested by the City of Sheridan which includes, but not limited to:
• Engagement of City of Sheridan staff members related to sustainability programs;
• Engagement of the City of Sheridan community related to sustainability programs;
• Development of a City of Sheridan sustainability plan;
• Establishment of a City of Sheridan sustainability committee, board, or commission; and
• Measuring and monitoring of sustainability projects and measures.
ARTICLE III
TERMS OF AGREEMENT
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1. Timeline- The City of Englewood shall begin providing sustainability services to the City of
Sheridan upon direction to proceed from the City of Englewood (represented by the Assistant
City Manager) and the City of Sheridan (represented by the City Manager). The initial term of
this Agreement is for one year terminating on December 31, 2023 but unless otherwise
terminated as provided herein the Agreement shall automatically renew for two more annual
terms and the Agreement’s final termination to occur on or before December 31, 2025.
2. No Multi-Year Fiscal Obligation- Nothing in this Agreement shall constitute a multiple fiscal year
obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other
provision of this Agreement, the City of Sheridan’s obligations under this Agreement are subject
to annual appropriation by the City of Sheridan’s City Council. Any failure of a City Council
annually to appropriate adequate monies to finance the City of Sheridan’s obligation under this
Agreement shall terminate this Agreement at such time as such then-existing appropriations are
to be depleted. Notice shall be given promptly to the City of Englewood of any failure to
appropriate such adequate monies.
3. Termination- Either party may at any time terminate this Agreement by giving the other party
thirty days of written notice. Should the City of Sheridan upon notice terminate the Agreement
it shall compensate the City of Englewood for all work substantially completed on the day of
termination. However, the City Councils of the Cities of Englewood and Sheridan shall have the
authority to sooner or immediately terminate this Agreement upon finding that the public
interest requires such a termination.
ARTICLE IV
MISCELLANEOUS PROVISIONS
1. The parties and their officers, attorneys, employees, and agents are relying on, and do not waive
or intend to waive by any provision of this Agreement, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. Section 24-10-101, et seq., as amended, or otherwise available for the parties and their
officers, attorneys, or employees
2. There are no intended third-party beneficiaries to this Agreement.
3. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful
and unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect.
IN WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement as of the day and
year written above.
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CITY OF ENGLEWOOD CITY OF SHERIDAN
By: _____________________________ By: ______________________________
MAYOR OTHONIEL SIERRA MAYOR TARA BEITER-FLUHR
ATTEST ATTEST
_________________________________ _________________________________
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Sustainability Services IGA with the City of Sheridan
Monday, January 23, 2023
Tim Dodd,Deputy City Manager
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•Summer of 2020-Sustainability goals and projects included in the City of
Englewood Strategic Plan
•Fall of 2020 and Winter of 2021-Staff proposes sustainability goals and
projects to Council for consideration
•Spring of 2021-Council adopts the City of Englewood Sustainability Plan as
part of the City’s strategic plan and requests funding in the 2022 budget for a
part-time Sustainability Coordinator
•Summer of 2021-Council establishes the Englewood Sustainability
Commission
•Winter of 2021/2022-City hires first Sustainability Coordinator and
comprehensive sustainability program launches
•Spring of 2022-the City of Sheridan expresses interest to the City of
Englewood in collaborating on sustainability services
Background
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•Sharing lessons learned and best practices with the City of Sheridan
•Achievement of economies of scale
•Opportunities to jointly seek funding and technical assistance
•Development of a successful model of cities collaborating on sustainability
•Furthers partnership and collaboration between the two cities
Benefits
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•Eight hours of direct services per week of the City of Englewood Sustainability
Coordinator to the City of Sheridan;
•Support such as from graduate students and the City Manager’s Office Intern;
•Availability of the City of Englewood Deputy City Manager to troubleshoot
challenges and answer questions; and
•Overall support for the development of a sustainability program, such as the
engagement of City of Sheridan staff and community members and the
establishment of a City of Sheridan sustainability plan.
Duties of the City of Englewood
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•$15,000 to the City of Englewood each year for three years (not to exceed
$45,000), subject to annual appropriations from the City of Sheridan City
Council
•Providing a workspace for eight hours a week for the Sustainability
Coordinator;and
•Contacting the City of Englewood with any questions or concerns throughout
the term of the agreement
Duties of the City of Sheridan
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Questions? Page 189 of 191
Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date 1/1/2023
Amendment Amount End Date 12/31/2025
Amended Contract Amount Total Term in Years 3.00
Vendor Contact Information:
Name Contact
Address Phone
Email
Sheridan CO
City State Zip Code
Contract Type:
Please select from the drop down list
Descripiton of Contract Work/Services
Procurement Justification of Contract Work/Services
CONTRACT APPROVAL SUMMARY
City of Sheridan
4343 South Clay Street
IGA-Intergovernmental Agreement
Intergovernmental Agreement
$ -
$ -
$ -
(303)-762-2317Tim Dodd
tdodd@englewoodco.govDeputy City Manager
Renewal options available Based on annual appropriation by the City of Sheridan City Council, this agreement will run for three years.
The City of Englewood will provide the services of its Sustainability Coordinator for up to eight hours per week to assist the City of
Sheridan in the development of a sustainability plan and program.
80110
Payment or Revenue terms
(please describe terms or
attached schedule if based on
deliverables)
(303)-438-3307
planner@ci.sheridan.co.us
Andrew Rogge
The City of Sheridan will pay the City of Englewood $15,000 each year for up to three years and a not to
exceed amount of $45,000.
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CONTRACT APPROVAL SUMMARY
Source of Funds:
Revenue CAPITAL ONLY A B C 1=A-B-C
Capital Tyler New World Spent To Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description Budget Date Amount Remaining
R 2023 02 0201 36301 16,000$ -$ 15,000$ 1,000$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
Total Current Year 16,000$ -$ 15,000$ 1,000$
R 2024 02 0201 36301 16,000$ -$ 15,000$ 1,000$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
Total - Year Two 16,000$ -$ 15,000$ 1,000$
GRAND TOTAL 32,000$ -$ 30,000$ 2,000$
Process for Choosing Contractor:
Solicitation Name and Number
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
NOTES/COMMENTS (if needed):
For Operating Line Item Detail, please review information provided in Tyler New World
For Capital Items, please review Prior Month's Project Status and Fund Balance Report
Misc. Revenue
Misc. Revenue
General Ledger Account
String
Solicitation:Evaluation Summary/Bid Tabulation Attached
Response of Proposed Awardee
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
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