HomeMy WebLinkAbout2023 Ordinance No. 046BY AUTHORITY
ORDINANCE NO. 46 COUNCIL BILL NO. 52
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORIZING THE REPEAL AND REPLACEMENT
OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, Title 16 of the Englewood Municipal Code 2000, the Unified Development
Code, establishes the parameters for all new development and infill/redevelopment in the
community and is one of the primary tools used to support the implementation of the City of
Englewood's comprehensive plan; and
WHEREAS, in 2017, the City Council for the City of Englewood adopted Englewood
Forward, an assessment of community priorities and emerging issues to support the City of
Englewood's existing residential neighborhoods, incentivizing and maintaining more affordable
and attainable housing, diversifying the types of housing available, promoting mixed-use and
transit-supportive development along key corridors, and addressing the changing dynamics of
employment and industrial lands within the City of Englewood; and
WHEREAS, to facilitate the work of Englewood Forward, City staff, in connection with
the Unified Development Code Steering Committee, initiated the Unified Development Code
assessment process to engage stakeholders to identify the strengths, weaknesses, and opportunities
in the Unified Development Code as they relate to Englewood Forward and other City of
Englewood land use policy documents; and
WHEREAS, the assessment process included a rewrite of the Unified Development Code,
a project known as CodeNext, to deliver a code that provides a comprehensive framework for
development, is a user-friendly document, reflects best practices in zoning regulations, provides
for flexibility and certainty, reflects the needs and market conditions of the City, produces a
straightforward administrative process, minimizes nonconformities, and provides precise
enforcement tools; and
WHEREAS, over the past three years, a code assessment report has been performed and
reviewed, public outreach has been conducted, revisions to the Unified Development Code have
been drafted; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on
the proposed revisions to the Unified Development Code on July 11, 2023 and July 25, 2023; and
WHEREAS, the Planning and Zoning Commission voted to recommend approval of the
revised Unified Development Code to the City Council by a vote of 6-2, with amendments, that
have been incorporated into the revised Unified Development Code; and
WHEREAS, City Council held a Public Hearing on the proposed revisions to the Unified
Development Code on August 21, 2023; and
WHEREAS, after incorporating feedback from the Public Hearing and City Council, the
Community Development Department requests that the City Council repeal Title 16 of the
Englewood Municipal Code 2000 and adopt the revised Unified Development Code.
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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 repeal of Title 16 of the Englewood Municipal Code 2000 in its entirety.
Section 2. The City Council of the City of Englewood, Colorado hereby adopts the
revised Unified Development Code, attached as Attachment 01, as Title 16 of the Englewood
Municipal Code.
Section 3. The following general provisions and findings apply 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
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum under 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
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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 necessary
to implement this Ordinance's provisions.
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 and passed on first reading on the 18th day of September, 2023; and on second reading, in
identical form to the first reading, on the 25th day of September, 2023.
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 an Ordinance, introduced and passed in identical form on first and second
reading on the dates indicated above; and published on the City’s official website after first reading on
September 18, 2023 at 9:36 p.m. and two days after passage on second reading on the City’s official
website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after
publication upon second reading.
Stephanie Carlile
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