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HomeMy WebLinkAbout1988-04-05 (Special) Meeting Agenda• - • , . • 0 Special City Council Meeting April 5, 1988 • • • • 0 0 &,C<, ~ S: /'?PeP ~~ '"tl 10, II J /Z. 13 • I I I I I 20, 7-1 I • I. Call to Order • - EJIGLEVOOO CITY COUNC ll EJIGLEVOOO, ARAPAHOE COUNTY, COLORADO Special Session April 5, 1988 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7 :39 p .m. 2. Invocation The invocation was given by Council Member Koltay . 3 . Pledge of Allegiance The Pledge of Alleg i ance wa s led by Mayor Van Dyk e. 4 . loll Call Present : Coun ci l Members Hathaway, Koltay , Koza cek , Bilo, Haben ic ht , Clayton, Van Dyke Absent : Non A quoru. wa s pre s nt . Also pr s ent : 5. Minutes Ci ty Manager C Ci ty Attorney DeW i tt Ass i stant City Manag r Vargas Ci ty Cler CI'OW Ac t i ng Di rector R ans, C nlty De lo n (a} COUNCIL E1 IILO MOVED, COUNCIL I HAT Y SEC AHIOVE THE MIIIIT£S Of T'H( SH.CJAL ETJ OF M1CH 28, 1181, AS M[JIIKJl E TO ITEM 11(11) (liD IESOl.UTI AHI0¥1 A WITH twUFEM llltOff, I • fCMt AtQUISITIOII Of EQUIP · EWOOD): THE MOTIOII TO TAll( THIS IT S ITEM ll(c). r-s o 1 , y, Ol l o, t, Clay t on, V n 0 on I EngleMOOd City Council Minutes April 5, 1988 -Page Z 6. Pre-scheduled Visitors • • • There were no pre-scheduled visitors scheduled for this special meeting. 7 . Non-scheduled Visitors Due to special ~eting status of this ~eting, there was no discussion under the Non-scheduled visitors section. 8 . ec-.nications and Procl .. tions The following procla-.tions were presented : (a) COIII:Jl _,.El HATIIMIAY MOVED, COllltll MEMER ltOZACEit SECONDED, TO PIOCLAJM THE lllllfTH OF APRIL AS •AIC -ALIMYS IUY COLOUDO MONTH. • ~es: Council Me.bers Koltay, Hathaway , Kozacek, Bilo, Habenicht , Clayton, Van Dyke Nays : None Abstain : None Absent : None Motion carried. (b) COIII:Il ...0 lOZACEit MOVED, COIII:Il MEMO ltOLTAY SECONDED, TO PIOCLAJM THE lllllfTH OF APRIL AS •fAIR IIIUSI. IIIIIITH. • ~es : Council Me.bers ltoltay, Hathaway, Kozacek, Bilo, Habenicht , Clayton, Van Dyke Nays : llone Abstain : llone Absent : Motion carried. Nofte (c) COIII:Jl ._. CLAn• DID, CUEJL ._. IILO S(CCII)(D, TO PIG - CLAIM MY 5, 1-AS •ern DAY OF PIAYtl. • ~es: Council "'-bars ltoltay, Hathaway, Kozacek, Bilo , Habenicht, Clayton , Van Dyke Nays : Abstain : Absent : on c arried . (d) COlle ll I tiff 110VtD, CUI: ll PIOCLAIN THE Elt OF APRil 17 • U, l ... AS •MTl ~ s : Counc 1 rs oltay , t . Nay : Abshin : Abs nt : tl o c arr td . H beni c t , Clayton , Van Oy t r t C , TO eno. t I • Englewood Ctty Council Minutes April 5, 1988 -Page 3 10. Publtc Heartng No public hearing was scheduled. 11. Ordinances, Resolutions and Mottons • • • (a) Acting Director Romans presented a recommendation from the City Planning and Zoning Comnission to adopt a bill for an ordinance amending Title 16, Chapter 4, Section 18 of the Englewood Municipal Code/Comprehensive Zoning Ordinance with reference to the landscaping provisions of said ordinance. Ms . Ro.ans explained that the landscape Ordinance wa s adopted in 1984. About two years ago the Co.aission began reviewing the landscaping provisions and had sublli tted the proposed a~~~end~~~ents to C Hy Council in April 1987. Upon the request of the Greater Englewood Cha.ber of Ca..erce, Council had delayed ap- proving the changes and referred the 1111endlllents back to the Planning COIIIIIis- sion who then worked closely with the Cha.ber's Govern.ental Affairs liaison Co.aittee . The a.ena.ents which are being presented have been approved by the Chlllber's co.aittee, were considered by the Planning C iss ion at a publ ic hearing on february 17, 1988, and are less restrictive than those subllltted to the Council in April of 1987 . Ms . Ro.ans stated that four rs of the Co.- Mission were present as was the Chairaan of the Gov rnMental Affa irs liaison Co.aittee, should Council wish to direct any qu stions to th . Discuss ion ensued relative to SOlie of the a~~~endllents; h r, it was th cons nsus of Council that further discussion of this 81tter should be postponed until th Public Hearing. COUNCil Bill NO . 11, INTRODUCED BY COUNCIL ER BllO, AS READ BY TITLE : A llll FOR Nf OADI £ M£NOINCi TITLE 16, CHAPTER 4 SECTI OADI £. E l£111000 UICIPAL COO£ 1985 . 18 : L SCAPE CCUitll lllO MMD, CCUICIL ....U CUYTC* S£~. fOI PASSM£ Of CCUICIL llll •• 11. SOlES OF lMI, -TO S£T A IWt.IC MIMI fOI MY 2, .lMI, 7:JO P.R., 1• TN( CITY COWICJL QWIIEIS. Ayes : Council rs ol a , Hit y, on llo. H n cht, Clayton, Va Oy I Englewood City Council Minutes April 5, 1988 -Page 4 • • • and the action before City Council at th t s tiMe is the vacation only of the 17 feet on the east side of Jason . Pursuant to an earlier agree~~~ent with the Urban Renewal Authority and City Council, this 17 feet is at this ti111e ut i- 1 ized as parking, sidewalk , curb and gutter . Discussion ensued rehtive to the liability the City •ight incur on both sides of the street as a result of this vacation, and a question was raised concerning vacating 17 feet on the west side as well as the east side. Mr. McCown said he would be wil ling to contact Pennant Properties and propose that action; however , it would still be appropriate at this ti~~e to approve the bill for an ordinance vacat i ng the 17 feet on the east. COUNCIL BILL NO. 12, INTRODUcED BY COUNCIL MEMBER BILD , WAS READ BY TITLE : A BILL FOR AN ORDINANCE VACATING A PORTION OF THE RIGHT -OF -WAY IN THE 3500 BLOCK OF SOUTH JASON STREET , IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADo. CCIUIICJL ..,_. IILO MOVED, CCIUIICIL ..,_. CLAYTOI SECOIIDO, FOI PASSME OF CCIUIICJL IILL 10. 12, SEIIES OF 1111. Council Me.Oer Koza cek s tated his op-pos i t i on to th i s Bi ll . Ayes: Nays: Ab stai n: Ab se nt : Mot ion carried . Cou nc I 1 Me.ber s Ko 1 tay , Cl ayt on, Van Dyk e Council Me.be r Koz ace k None No ne Hathaway, Bilo, Habenicht, (c) Ci ty ,..nage r Mc C-. pre sented a reco.endatf on ,,.. t he Par ks and Recreat ion Co.a lsst on t o a.end Ti t le 2, Chapt er 4, Sec t i on 2 of t he Englewood nfcl pa l Code t o prov ide f or the offfc e of Vtce Cha i l"'lln f or t he Par ks and Recreat ion Co.a issiOft. COUNCIL Bi ll NO . 13, 1NTA00Uc£D BY COUNC I L ER KOZACEK, WAS READ BY TITLE : A Bill FOR AN ORDI £ NOI TITLE 2, CHAPTER 4 , SECTION 2, £ l£ ICIP COO£ 1985 RECAROJ P S NC) RECREATION Cl»tMISSJON . Cit At CLAYTOI S(C olt , , V n 0 c 11 , 1 to - • Englewood City Council Minutes April 5, 1gaa -Page 5 • • • Mr. DeWitt did not have any Matters to bring before Council. 14. &eneral Discussion (a) Mayor's Choice Mayor Van Dyke did not have any aatters to bring before Council. (b) Council Metlber Habenicht presented a COIIprehensive report on the Congressional Cities Conference of National League of Cities held in Washing - ton, D. C., which was attended by Mayor Van Dyke and Council Metlbers Hathaway and Habenicht. She detailed the scope of issues which were studied by those in attendance and stated she c._ away fro. the conference with a sense of pride for the City of Englewood . 15. AdJCM'Mint CCIUIICil -.o lOZACEJt IIJVtD TO AD.JCII•. The .eeting adjourned at 8 :33 p.• . • • ,. - P R 0 C L A M A T I 0 N 1/ll CRE.a.S , th citizens of Englewood realize that a strong conomy 11 Co orudo is importan to us all ; and \I,CnEAS, ov r he pas year, an awareness of "ADC--Always Buy Color do" has hrough a larg increase in membership and has h elpeG r r Vl al1ze our economy; and \OIIf:RI:A~, • lw ys Ruy Colorado is a statewide program wh1ch n ds lo 1 sup~or in v ry jur1sd1Ct1on to succeed; and s , th 111 n r. ccond held a d rship 1 ABC--Always Buy Colorado D nv r Col1s um; this year's hem Agricultur to Aerospac ;• and \Jll R!:, 5 , th Ci y of Cngl wood is a strong advoc ABC--Alw y nu o lor do ; e o NO!:, ngl w od, in h C:1• co no: y. d 0 DYKE, H yor of th C1 y o he mon h of Apr1l a a l? ola e ou r loc 1 nd I ( • • • P R 0 C L A M A T I 0 N ~ll!CRCAS, during April 1988, the Department of Housing and Urban Dev lopnent (!IUD) will celebrate the twentieth anniversary of the passag of Ti le VIII of the Civil Rights Act of 196 8 ("Fair llou~:ang Ac "); and \IB EREAS, his Act makes unlawful any discrimination in the sale, ren al or financing of housing because of race, color, rel1gion, sex or national origin; and 1/HEREAS, in the wenty years since 1ts passage, the Fair II0\1 ing Ac h s mad sign1fic nt progr ss in reducing the b rr1ers in ~~eric n society to ob a1ning the housing of one's choice; and IIHEREAS, hcl er is a basic human need and all Am rican mus work og her o improve th Fair Housing Act by s reng hning i s en ore provisions and re ffirming our d die ion s a na ion principl of equal oppor unity for all; fl O\ , Tt:r. EFOR , I, SUSAr VAN DYKJ!, ~layor of h C1 y o ~ood, Co l rado, h re y procl 1a Aprtl 1988 • PAIR 80U I hl on tn d nd 1 hu S • • - P R 0 C L A M A T I 0 N \IH ERC .I\S , a t the very beginning of our Nation in the e a rl ies ~a y s of our quest for independence and liberty, the p op l r cog n1z d God as he Author of freedom; and WJ IC EAS, h Founder of our land had a "firm reliance on t o r o ~c 1o n of Divine Providence," and this reliance has ever Quld. d and 1 n pir d Anericans and all who would promote freedom; an d WI .R AS , i n 1774 the memb r s of the Fust Continent a l Con~r~s vo ed o make it s fir t ct a prayer; nd Gl in 1952, follow1ng thi rad1 ion, th Congre s s of es adopted a r solu ion c lling for th Pr Sld n p rocl a i a sui able day each y ar as a t a t1onal SUSAN VAN OYR , Mayor of th Ci y of o llo w n g h1 s r solu o n, h r by CITY DAY 0 PRAYU nd nd • 1 5 h day o A 11 , 1 I -• - P R 0 C L A M A T I 0 N ~HEREAS, th Engl wood Public Library serves citizens of a ll ages 1n Englewood and surrounding communities ; and \II ERE AS , h Engl wood Public Library plays an integral role in me ing h formal and informal educational needs of childr~n and ndul s ; and WH REAS, dur1ng Engl wood Pu l1c Ll r camp,ugn o rd Public Library actively work s with in regis ering students for c rds; and ional Library W ex of 1988, the will focus i s library card regi s tration o f Bishop El m ntary School; ' , TIIERCFORE , I SUSAN VAN DYKE, Mayor of the Ci y of F.n 1 wood, Color do, do h r by procl im h week of Apr il 17 hrou h 21, 1 8 s NATia.AL LIBRARY tz na o u ry dunn liz hia nd a l h S n day 0 A ril, 1 8. I . -• • • NOTICE OF CALL BY THE FOR A SPECIAL SESSION OF THE TUESDAY, APRIL 5, 1988 7:30 P.M. The City Council of the City of Englewood, Arapahoe county, Colorado, ia called to a •pecial .. etinq at City Hall, 3400 South Elati Street, for the purpoae of conducting reqular bu•ine•• de- ferred becauae of the cancellation of the reqular City Council •eeting of April 4, 1988. An agenda detailing the nature of thi• bu•ine•• i• attached. , ... ~ ,.,, ,I • ...._ Peter H. va)a• Acting City Manager PHV/sb ACIQfOWLEDGMENT OF RECEIPT OF NOTICE The following peraona, all Council Meabera of the City of Englewood, do hereby acknovled9e receipt of notice of the above apecial call 24 houre prior to the apecial ... tinq in accordance to Section 1--5--2-2 of the 1915 Englewood MUnicipal Code, aa ... nded. D • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 5, 1988 7:30 P.M. 1. Call to order. t~ ~ 7 :&9fJ·"' 2. Invocation. --k~~ 3. Pledge ot allegiance. ~~ ~ 4 . Roll call. 7. •• ,o 10 1· Minute•. (a) Minute• ot the •pecial .. eting ot March 21, 1918. Pre-Scheduled Vi•itor•. (Due to •pecial ... tlnq •tatu•, there vill be no di•cu•aion under thia •ection.) Non-Scheduled Viaitore. (Due to apecial ... tin; atatu•, there vill be no dlacu••ion under thi• •action.) c unic t one nd Proclaaatione. ( ) rocl v ya (b) (C) on l 'I 0 ( ) ocl ton 1 • • • • Page 2 April 5, 1988 City Council Agenda 9. Conaent Agenda. (Due to apecial aeeting atatua, there will be no diacuaaion under thia aection.) 10. Public Hearing. (Due to apecial aeeting atatua, there will be no diacuaaion under thia aection.) 11 Ordinance•, Reaolutiona and Motiona. ~ (a) Recoaaendation froa the Planning and Zonin9 Coaaiaaion l 1\ ~f~to adopt a bill for an ordinance ... ndin9 Title 16, v~~O •• ~ ~· Chapter 4, Section 18 of the Coaprehenaive Zoning or- ~~~~~ dinance and ..t a public bearin9 date~for conaideration p. f' :; ~ of theae ... ~nta. .J!1i.h j~ fn'.. of!_~~}JJ (v \ ru-r-- ~~~1 (~ '·1 ...,0 12. City will Recoaaendation froa the Planning and Zoning Coaaiaaion to adopt a bill for an ordinance vacating a portion of the ri9ht~~A!~~e 3500 block of South Jaaon Street. CO'f-rn-.. Reco ... ndation froa the Depart.ent of Parka and Recre- ation to ... nd Title 2, Chapter 4, Section 2 of the En- 9lewood Municipal Code to provide for the office of Vice Chainan for the Parka and -~~~-ion Coaaiaa n. '7f:" "14« A-:/CR7-- Kana9er•a Report. (Due to apecial ... ting atatua, there be no diacuaaion under thia aection.) ll. City Attorney'• Report. (Due to apecial Meting atatua, there will be no diacuaaion under thia aection.) 14 . Gen r 1 D • aa 1on . y o ill coun ( ) (Du o • a l a ion under th i a • Cbolc • i ng ata ua , th r i on .) ill i v a po on LC o. e. 0 I . • • Page 3 April 5, 1988 City Council Agenda 15. Adjournaent. _,;; r. \. 'l/ ~"";-- Peter H. vazve'a Acting City Kana9er PHV/ab • • • I . . - • • • • • ~~ NOTICE OF CALL BY THE MAYOR ~ ~ SPECIAL SESSION OF THE CITY COUNCIL ~ jll" FOR A TUESDAY, APRIL 5, 1988 7:30 P.M. The City Council of the City of Enqlewood, Arapahoe County, Colorado, i• called to a •pecial aeetinq at City Hall, 3400 South Elati Street, for the purpo•e of conductinq reqular bu•ine•• de- ferred becau•e of the cancellation of the reqular City Council aeetinq of April 4, 1988. An aqenda detailinq the nature of this bu•ine•• i• attached • . -j ?t;, ;J .-.I(,! ACDOWLEDCMENT OP' RECEIPT OP' NOTICE The followinv per•ona, all Council lleaber• of the EnqleWOOd, do hereby acknowledge receipt of notice of •pecial call 24 hours prior to the •pecial ... tinq in to Sect i on l--5--2-2 of the 1915 Bnqlewood Mun i cipal a .. nded • City of the -~ve accordance ode , a• I • • • • P R 0 C L A M A T I 0 N IIHCREAS , t h e c itizen s of Engl e wo od realize that a strong economy in Colorado is import an t t o u s all ; and IHICREAS , over t h e pa st y ea r, a n awareness of "ABC--Always Buy Color<~clo " has brought a large i ncrea se in membership and has helped t o revitalize ou r economy ; and Wlf.RCA S , Always Buy Colorado is a statew i d e program wh i ch needs local suppor in very Jurisdiction to succeed ; a n d WICRCI\S, h second annu 1 ABC--Al wa y s Bu y Co lorado Exposition will h held a the D nv r Coliseum; th is y e ar's theme is •colorado. Le adership fron Agriculture to Aeros p ace;• and HIIERr: S , thC' CJ. y of r:ngl wood is a stron g advoc at e o f ABC--Al wa ys nuy Co l o r do ; tiO~~, T 'I EREFORI:, I, SUSAN VAN DYKE , Mayor of t he City of Engl wnod, Cnlor do , h re d cl r he month of Apr il as •A --ALWAY S BUY COLORADO • MONTH in h C1 yo ~.al ood o hlp bola r our local and s cnn :'ly . • I . • • - P R 0 C L A M A T I 0 N HIICREAS , during Apr i l 1988, t h e De p artme n t o f Hous i ng and Urb an Developnent (HUD) wi ll c e l ebrate the t wentieth a nn i v e r sary of the passage of Title VIII of the Civil Rights Act of 19 68 ("Fai r Housing Act"); and HH EREA S, this Act makes unlawful any discrimination in the sale, rental or financing of housing because of race , color , religion, sex or national origin; and \IHCREAS, in he twenty years since its passage, the Fair llou 1ng Ac has mad significant progress in reducing the barr1ers in k~erican society to ob aining the housing of one's choic ; and \IHEREAS, shelter is a basic human ne d and all Americans must work og h r o improve the Fair Housing Act by str ng !n1ng is enforcement provisions and r affirming our ded1c as a na ion to the principle of equal opportunity for 11; tiOU , ngl wood, in h Cl y hi a ory o cav TllCRCrOR · , I, SUSAtl VAN DYKJ!, H yor of th Ci y of Colorado, reby procl im April 1988 as PAIR HOUSING MOMT8 h s impor an mile a ton F 1r r my h nd nd a 1 hta 5 h d y o in th April, 1 88. yor ol 0 I • ( • •' • P R 0 C L A M A T I 0 N \/H ERC.l\5 , at the very beginning of our Nation in the earlies ~ays of our quest for independence and liberty, the peopl recoqnized God as the Author of freedom; and \~J EREAS , the Founders of our land had a "firm reliance on the protrction of Divine Providence," and this rel iance has ever quided ann inspired Americans and all wh o would promote freedom; and WI .Rr. S, in 1774 the members of the First Continental Congr~ss vo ed o m~ke its firs c a prayer; and lllf.RCAS, in 1952, following this tradition, th Congress of the Uni ed S a e adopted a resolu ion calling for he President o se as1d and procl in a sui able day each year as a National nay of Pr y r: tlOW, THf.R FO E, I, SUSAN VAN DYKE, Mayor of th City of Enql wo d, Color do, n following hi r olu on, h reby proclai y 5, 1 8~ as in auppor D y o r n pr y r h CITY DAY 0 y hand and • al PitA YO s s Pray r 9 , and gu1danc d y o April, l 8. of I . • - P R 0 C L A M A T I 0 N WHEREAS, h Eng l wood Public Library serves citizens of all ages in Engl "'oo d and surrounding communities; and \~II F:REAS , h Englewood Public Library plays an integral role in me ting he f o rmal and informal educational needs of c h ildren and adul s ; and WIIJ:REAS, he Englewood Public Library actively works with he Enqlcw n Pu l1c Schoo l s in r egiste ring students f or Engl wood Pu llc Libr ry cards; and WHEREA , during N ional Library Week of 1988, the Englewood Pu l1c Library will focus i s library card registration campaign ow rd s ud n s of Bi s hop El mentary School; NO , TIIERCFORE , I SUS AN VAN DYKE, Mayor of the Ci y of Fngl wood, Colorado , do hereby proclaim he week of Apr1l 17 hrou h 2 J, 1 88 a NATIONAL LIBRARY WE&K ur o1 r ci it na o u P1t l1c L1brary dur1ng r y h nd nd a 1 h 5 h d y o April, 1988. Su ) I • • ,. - \' ~' C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Amendments to the landscape Ordinance, March 28, 1988 I I a. .... §16 -4-1 8, Comprehensive Zoning Ord INITIATED BY The City Planning l Zoning Commission ACTION PROPOSED Set a date for a Public Hearing to consider the proposed amendment s to the landsca pe Ordinan ce, §16 -4-18 of the Comprehensive Zoning Ordinance. lACK &ROUND The landscape Ordinance was adopted by Ordinance No. Z, Series of 1984 and became effective in mid -February of that year. The concept of a landscape ordinance In Englewood wa s suggested during the consideration of the revisions to the COMprehensive Plan fn 1978 and 1979, at which time, the Improvement of the visual quality of th city wa s a primary focus . Af er having enforced h Landscape Ordinance for two or three years, It be - ca apparent that certain s c ions of the Ordinance re not easily lnter- pr ted and In sa.e cases, th r quir nts re elth r too restrictive or not producing th d sired visual ff ct. Th staff and th Co.Misston MeMbers wor d tog th r to try to cl ar fy th provisions of th Ordtnanc and finally co nsi d r d s veral a n nts a a public h ar lng on Apr 1 21, 1987 . 0 n· I . • • • The Planning Commission considered the revised amendments to the landscape Ordinance at a Public Hearing on February 17, 1988. A letter fro. the City liaison and Governmental Affairs Committee of the Greater Englewood Chamber of Commerce was entered into the record of the Hearing in support of the proposed amendments . Bob Marx, a member of the Committee, was present 1nd spoke in favor of the proposed amendments. No one was present who wished to 1ddress the Commission in opposition to the proposed lmendMents. RECONNENDA Tl ON The ~rs of the City Planning 1nd Zoning Co..ission h1ve given consider1ble thought to the intent of the l1ndsc1pe Ordin1nce 1nd to the pr1ctic1lity of its require.ents 1s 1pplied to the properties in the City. The Co..ission ~rs are of the opinion th1t the proposed a.en~nts 1re necess1ry for the cont i nued successful enforce.ent of the Ordinance. The ...oers of the City Planning and Zoning Co..ission reca..end that the City Council set a date for a Publtc Heart, to c .. stder the proposed IMen~nts to the landscape Or - dinlnce, §16 -4-8 of the Ca.prehensive Zoning Ordin1nce, and th1t the proposed aMendMents then be 1dopted by Ordin1nce . gw I • • ORDINANCE NO. SERIES OF 1988-- • • • BY AUTHORITY A BILL FOR J \ {v' COONCIL BILL NO . 11 ~IL AN ORDINANCE AMENDII'li TITI..r: 16 I QIAPTLR 4 I SIX:TIOO 18: LANDSCAP E aiD !NANCE I fNGLO MJNICIPAL COOE 1985. 1n~, t C1ty Planning and ZOning Commission and City Council r.•.1l1 l <ll1dsc ing i s necessary to cr a e an at ractive v1sual and or r sons living, -..orlung, and ooing business 1n IT CR~N:rn BY TilE CITY CITY CF .. I lG-4-18: 2. r • l. -1 - I . c. • • • c . THERE IS 1Wi RFMDELING OF EXISTING BUilDINGS WHICH \'ill.L INCREASE THE FLOOR AREA BY FCRI'Y PERCENI' ( 40'%.) • 2. \~en, because of the characteristics of the land or the location of existing structures, it is not physically possible or feasible to provide for landscaping on the site , the property owner shall dcposi t -half pa:us&t U/211 of the ftl:iae of the e!IIW&ul!i• ift l U. liRijl.a1111811 :r.. t 'fl8 _. PiN! •'R I'IIRII. IN THE BEAIJl'IFICATIGI NXaMr IN THE PUBLIC ll1P~ ruND AN Jlt.OJm' EX:U/IL 'ro THE COOT OF UISTALLING LANDSCAPING IN crnFORt<WO:: WITH THIS CRDINNCE 00 AN A'UJNT ~AL 'ro $1 X 10'%. OF THE LC1I' AREA. 'lllis fund shall be used for antification of ['Ublic ar s as detenn.ined by the legislative bodv. 3. 'n!I:SE RED.Jl.ATI ~S SHAU. OF 'n IE u.GIING APPLY IN ALL DIS'llUCTS IF 1Wi CM: a. THE PROPERTY 00 13USINESS IPLIEO WITH THE LANDSCAPIN; PROVISI S IN EniX:T AT 'll!C Bf.XiiNNIN; (F THE NCY.. b. 4. 1. •• 1 I c. d. • • • in full force and effect for one year after the time frame established by the Director or until the landscaping has been completed. Should action be commenced to enforce the landscaping requirement s , the security instrument shall continue to be in full force and effect until the improvements are coopleted. Further, the security instrument shall provide for the payment of a ll attorneys fees , collection fees and expenses of the City in ~nforcing the landscaping requirements. The anount of he security instrument shall not be less than twice hr' value <"lf the landscaping improvements . The fonn of the S0Ctrrity instr nt and its tenns shall be approved by the £'ir0e or lx'for ~ tlCCeptance -,. 00 B.E}J,.\LF OF the City. ( 2) To OVPridr> he S<'Curi ty instrument, the property owner may Wl 'l he ity cash in escraw , certified funds, or an ~ 1 ~ lrt ~r <"J f credit , in .:t form acceptabl to the l'ir.: o r. Th f>UYCC of said funds shall be the City, and the funds shall lY' collectible by the City ~~ the City's giving t"n (10) days ' wnt en no icc to the party giving the instrtiiEnt imd t I ·re>.,f Pr p~·,>cut tn(J on th inst r;. !Pillt ST~J: :l!J;)(IT tr:.rrs ~ TRr:l',!; AND SHRUBS ARE: n (1) 15 TnEES: 2" - 2 l /2 " CALIPEn. {2) l TREES: 5' -6' I' HEIGHT. (3) II:1Dr., D· I SAND~ SHRUBS AND HEIJGm: 5 Gl\LI..GI 1INJ:t.Ut. (4) 1: N ST<l'm: 3/4 " DIN~ HI JMJ.t SIZE 3" 1I 'IK.t-1 DI:Plll ~ BEDS 4" lUNI1-Dt DI:Plll ~ D~TIVE BAAl. OR IP BEDS s or o he nonl1v1ng nunl.l!U11 llv1ng pl lOll . I • • ( • D. • • • Parkinq Design Requirements; All Zone Districts. 1. If proposed construction of iFaa ~ off-street parking areas contains fifty (50) or !lOre stalls, ten percent (10%) of the total parking lot area shall be landscaped with till sally fiJII!! penuat (i!!ill) FIFl'Y PERCENI' (5()%) of that area to include living plant material. ' 2. the aealj fi:ft!! ,_.oa:t (a!iJioJ lint" p:laR --.w IIIMU ilwWIIII l TIIEl'J: SIIJ\LL BE a rnininu:an of one tree per fifty (50) ...,.._LINEAR j feet OF PAAKiilG AISI.E TJ::NGTII. 3 . In .:~deli inn to Mil pcaoa:t (1111) requirementS in subsectionS Dl AND 02 above, parkil'lC'J ar<'as tha are adjacent to streets shall REet the>!:: requir n c;: b . Street trees shall be planted in the buffer zone at the rate of one per forty (40) linear feet. Street treus pJitlr'eell iR tiM buffet MAE Wf be ctu:sdited tc:wd the ll:l!t! r j d l ift 81Sil , .. ~ --"8 F:. Haintenanc . 3. t miun enance r sultlng in the dcteriora- s h 0 h ill h y ll, 1 8. I • • - • • • • • • I , Patricia 11. Craw, City Clerk of the City of Englewood, Coloraoo, hereby certify the above is a true copy of a Bill for an Ordinance, int reduced, read in full, and passed on first reading on the 5th day of April, 1988 . Patric1a H. Crow I • -• • • H E M 0 R A N D U M TO: FROM: Th e Mem bers of th e Ci ty Plann i ng and Zo ni ng Co mm i s sion . .dtt-'/ Doro thy Romans, Act i ng Di r ec tor of Community Deve lop ment . DATE: January 29, 1988 . SUBJECT : Amendments to Section 16-4-18 , Landscape Ordinance. Because it has been so long since the ini t ial discussions about the proposed amendments to the Landscape Ordinance, and there are several different docu - ments to be considered, the staff has prepared the attached study document . You will see that it includes the following: I . The present Ordinance in the 1985 Englewood Municipal Code. 2. Amendments considered at public hearing on April Zl, 1987 and referr d to the City Council. (The proposed a nded Ordinance wu sent back to the Commission on June 29, 1987.) 3 . Th a nd nts propo d by th Gr a r Engl wo od Cha b r of C 1 tter dat d August 13, 1987. rc by 4. There Is d a n nts approv d y th Co iss on on Oc o r 6, 19 7. dt u s t 0 !/sr I . 16 -4-18 : LANDSCAPE ORDINANCE: 16 -4-18 (As Exi sts): . . • • • A. Statement of Intent . The City Planning and Zoning Commission and City Council recognize that landscaping is a necessary means of gaining quality development, of creating visual and environmental public amenities, and for enhancing the single -family, multi -family, commercial and i ndustrial areas of Englewood . It i s to this end that the following goals are set forth and the regulat i on s in this section are deemed necessary: 1 . To create an attrac t i ve environment for living, do i ng business and work i ng in the Ci ty of Englewood, and to provide relief from the high concentrat i on of off-s treet paved park i ng areas along local, ar - terial , and coll ec t or streets . As Propose d t o City Council in Hay, 198 7: No chan ge recommended by th e Plan-ning Comm i ssio n. Ch amber of Co mmerce recommendation: To de lete Pa ragraph A. 1 in its en t irety. Commission Act ion as of October 6, 19 87: To retain this statement of purpose. 16-4-18 (As Exists): A. 2 . To encourage a quality design building concept and to require a design that contributes to context, hat enhances or co~le nts w at exists, that recognizes the street or site as i•portant, and r lates structures to human scale. As proposed to City Council in Hay, 1987 : 2. c 16 ·4 ·1 A. 3 . r of C r e t io At \On a o Oc t. l 7 . at n: o r , 1 1: l • I o Ci t C 11 rl 1 u nd dJ c I • -• • • 5 . To promote the installation of drought-tolerant plants and low- maintenance landscaping wherever applicable. No changes proposed by the Commission in May, 1987. Chamber of Commerce Recommendation: No changes suggested. Commission Action as of October 6, 1987: No changes proposed. 16·4-18 (As Exists): B. Applicability of Ordinance Standards . 1. These regulations shall apply in all zone districts to any change in use or any new development to any change in use or any new develop - ment or to any property in which the principal building is remodeled, which remodeling cost is equal to or exceeds fifty percent (50%) of the estimated value of the principal building as substantiated by evidence submitted to the Director. For purposes of this Section, remodeling cost shall be equal to the sum of all permit valuations of work. As Proposed to City Council in May, 1987 : B. Appl ic ability of Ordinance Standards . 1. These regulations shall apply in all zone districts IF ANY ONE OF THE FOLLOWING OCCUR: [M-~ ~ -M-~tHO aft;' MW-IIevelellllleftl: ~ ~ ~ preperty +fl.~ ~ pl'lll&l~t•l IK!ilit119 l+ l'tllleiele4, wM@ n~~edel il•t ~ ~.., ... ueeects ~ef. tM-estilllttect ~H. ~P'i"eilltf ~wildi"t ~ twhstefttiatell ~ evtlleftee s whllli,,ei ~ Oll"ethl". ~ IIIII"JIUU -.f.~ Seetie11 1 l'tlll&llelliiCJ ~ k- e-f +H ~ vtlntte"s ef ~o~ark.) a. THERE IS A CHANCE IN 0 NERSHIP OF TH IMPROVED PROPERTY OR BUSINESS. Cha r of Co rce R co ndatlon: 0 leta B 1 a In 1ts n lr Co lsslon Act1on on Octob r 6, 1987: Concurr d I h Cha o d l Sub -s c ton a . . nda \o n As propos d o Ctty Cou c l n H y, I 7: 8 . I . b . THERE IS C C l US AS 0 T P£ ITT£0 U ES LlSTEO IN T J I I PA L c. lH d. Ul 01 S ICH Ill 1 • 1 Ch lon d o CS : I • • • "There is any remodeling of existing buildings which will increase the floor area by 40%." Commission Action on October 6, I987 : The Commission concurred with th e recommend at io n of the Chamber of Commerce and recommended the change . I6-4-I8 (As Exist s ): B. 2. When , because of the characteristics of the land or the location of exi sting s tr uctures, it is not physically possible or feasible to prov ide for landscaping on the site, the property owner shall deposit one -half percent (I/2%) of the value of the construction in the En - glew ood Landscape an d Fine Art Fund . This fund shall be used for beautif ica tion of public areas as determined by the legislative body . As Proposed t o City Council in May, I987 : 2. When, becau se of the cha ra ct eris ti cs of the land or the l ocation of existing structures, i t is not physically possible or fea sible to provide for landscaping on th e site, the pr operty owner shall deposit [~&f) the value of the LANDSCAP ING IF IT WERE TO BE INSTALLED IN CONFORMANCE WITH THIS ORDINANCE [EeRstfwetieR) in the BEAUTIFICATION ACCOUNT IN THE PUBLIC IM PRO VEMENT FUND OR SI X 10% OF THE LOT AREA . [ERgl et:e ell la11llsea~e .6ftd ~ Afoot. fttft6 .] ThIs fund s ha 11 be used for beautification of public areas as determined by the legislative body . Chamber of Co erce Recommendation: 2. "When it is not physically possible or feasibl to provide for land- scaping on the site, th property owner shall depos1t in the b autiflcation accoun of the public imp rovem nt, the amoun of dol · lars qual to 10% of th square footage of the lot area.• Co lssion Ac 1on on Oc ob r 6, 1987: Th Co lsslon reco nds th section reworded s ollows : 2. As Pr • 19 7: 3 . • 1 • I . • • • Chamber of Commerce Recommendation: Delete Sub-section B 3 above. Co mmission Action on October 6, 1987: The Commission agreed that sub -section B 3 above should be deleted . As Proposed to City Council in Hay, 1987: B. 4 . THESE REGULATIONS SHALL NOT APPLY IN ALL ZONE DISTRICTS IF ANY ONE OF THE FOL LOWING OCCUR: a . THE PROPERTY OR BUSINESS COMPLIED WITH THE LANDSCAPING PROVI - SIONS IN EFFECT AT THE BEGINNING OF THE OCCUPANCY . b. IF TH E PROPER TY IS IN COMPLIANCE WITH THIS ORDINANCE , AND THERE IS A CHANGE IN THE TENANT OR LESSEE, THE LANDSCAPING REQUIRE -MENTS DO NOT APPLY . 5. THE PR OPERTY OWN ER IS ULTI MA TEL Y RES PON SIBLE FOR LAND SCAP E IMPROV EMENTS. Chamber of Commerce Recommend At ion: None Commission Action on October 6, 1987: Le1ve wordi ng as was proposed In May, 1987. 16 -4-18 (As Exists): C. Minimum Landscaping Requir nt s: I . All Districts. a. e I of appl ca ton for a b tldlng r.lt, th r shall bt 1nclud d a l ndscap Plan n suff1c1 n d tall to d erain co pllance w th t landsc p Ord nanc . A Propos d o City Council in May, s n nee . C tsslon r rdl &. At phn sea 16 ·4·18 t.A-.. ......... ;.;,;;..;~ c. l. • • -• • • of this Ordinance, it shall be approved. All landscape improve- ments indicated on or contained in an approved site plan shall be completed prior to issuance of a Certificate of Occupancy. As Proposed to City Council in Hay, 1987: As worded above. Chamber of Commerce Recommendation: None Commission Action on October 6, 1987: No change in wording . 16-4-18 (As Exists): c. 1. b. (1) If all conditions necessary for issuance of a Certificate of Occupancy are met except landscape improvements, and the reason for not finishing the l~ndscape improvements is be - cause completion of construction occurred outside of a planting season, a Temporary Certificate of Occupancy will be issued as provided for herein. In this situation, all landscape improvements must be completed by the next plant - ing season wi th in a time fra me established by the Director . Before the Temporary Certific~te of Occupancy shall be Is - sued, a secu rity instrument nam in g the City as beneficiary shall be f iled with the City, which security Instrument shall require th installation of all landscape improve- nts wi th1n the time frame established by the Director . The secur\ty ins trument shall further provide that it shall be In full orce and eff ct for one year after th ti fra stablished by the Director or until the landscaping as b n co pleted. Should action be co enced to enforce h landscaping requir nts, th security instru nt shall continue o be in full force and ef fect until the I pro - n are co pl ted. Further, h se ur ty lnstru nt s all pro ld for lh pay nl of all attorneys fees, col · 1 c ion f s and expens s of th City in nforcing th lands a lng r quir nts. Th moun t of the securi ty In · str n hall not b 1 ss than lwl c th value of th land aping I rove nts. The on. of lh s curity Ins ru · n and tt nns sha 11 1pprov d by h Director ore tan by h City . S P 0 OS d 0 (I ( ) I . -• • • The security instrument shall further provide that it shall be in full for ce and effect for one year after the time frame established by the Director or until the landscaping has been completed . Should action be commenced to enforce the landscaping requirements, the security instrument shall cont i nue to be in full force and effect until the improve - ments are completed . Further the security instrument shall provide for the payment of all attorney fees, collect i on fees and expens es of the City in enforcing the landscaping r equi r ement s . Th e amount of the security i nstrument shal l not be le ss tha n t wice t he val ue of the landscap i ng im- pr ovement s. The for m of the s ecur i ty in s trument and i ts t e rms s hall be approv ed by the Director before acceptance [~ ON BEH ALF OF th e City . Chamber of Commerce Recomme nda tion : No chan ges s ugge sted . Comm iss i on Actio n on Oc t obe r 6, 1987 : Leave wordi ng as was proposed i n Hay, 1987. 16-4-18 (As Exists): C. 1 . b. (2) To prov i de the sec ur i ty ins trument, the property owner may deposit with the City ca s h in escrow, certified fun ds, or an irrevocable letter of credit, in a form acceptable to the Director . The payee of said funds shall be the City, and the fund s s hall be collect i ble by the City by the City's giving t en (10) day s' written notice to the party giving the instru ent and thereafter executing on the Instrument. As Pr oposed to City Council in Hay, 1987 : Ch (ii ) To provide the secur i ty i nstrument, the property owner may d pos it with the Ci t y ca sh in escrow, certified funds, or an lrrev oc abl l etter of cred i t, in a form acceptable to t he Di r ct or. The p y e of said funds shall be the City , and t h und s •ll b co ll ct i bl by the Ci ty UPON [~ t e C y's givin en (1 0) days' wri tt en no t ice to th pa r· ty 91 ing th ins r nt and t r e after execu t ing on t h tns r . n . r o Co ret ton: C tss1on Ac on on Octo r 6, l 7: l 1 7. ord n as was propos d 1n ay, 16 ·4·1 c. 1. I . - (4) • • • the Director and shall provide for the payment of attorney fees and costs of collection in the event that enforcement is necessary . The owner consents, in giving the lien, that reasonable expenses may exceed the value of the landscaping required . In accept i ng a Temporary Certificate of Occupancy, the owner is consenting and acknowledging the authority of the City to perform the landscaping requirements on the proper - ty and to execute on the security given by the landowner. As Propose d to City Council in May , 1987: No changes were recommended . Chamber of Commerce Recommendat i on: No changes were recommended . Commissio n Action on October 6, 1987: No changes were recommended. 16 -4-18 (A s Exis t s ): C. I. c. No artificial trees, shrubs, turf or plan t s or other non -l iving plant materials shall be used to fulfill the minimum liv i ng plant material requirements as set forth in this Section. As Proposed to City Council in May, 1987: c. MINIMUM SIZE REQUIREMENTS FOR TREES AND SHRUBS ARE : (i) DECIDUOUS TREES: 2" -2 1/2" CALIPER. ( i1) EVERGREEN TREES: S' -6' IN HEIGHT. (ii1) FLOWER! G, D CIDUOUS AND E ERGR EN SHRUBS AD HEDGES : S GALLON 111Nl (iv) ROC A 0 STO : 3/4" OIAH TER HIHIHUM SIZE. (T ns r t on o th I ·4·18, ch oll - C. 1. d. o artl plant a pl nt nda n : sec pl 3" HI !HUH DEPTH FOR ROCK BEDS. 4" Ml I H 0 PlH FOR DECORATIVE BA OR 0-CHIP BEDS . • 7 • is a confl let "T o pro t th 1 nd caping r · slon aw no con lie , nd , al\d A S). I • • • e. All landscaping contained within the public right-of-way shall conform to installation and maintenance standards of the City of Englewood Tree and Shrub Ordinance ['~apteP •. ~ ~ ef ~ ~AglewgQd MYAi,ipal ~). f. In all zone districts the street tree requirements are in addi- tion to the requirements for minimum living plant material. STREET TREES SHALL BE LOCATED ADJACENT TO THE STREET. STREET TREES SHALL BE OF A DECIDUOUS VARIETY. g . The Department of Community Development shall provide a recom - mended planting guide with information on appropriate types of trees and plants for given areas along with instructions for proper installation and maintenance of landscaping. h. In areas critical to pedestrian and vehicular traffic, shrubs and other plants must be installed and maintained to provide clear vis i bility as determined by the Traffic Engineer . Chamber of Commerce Recommendat ion: No changes were recommended. Co ission Action on October 6, 1987: No changes from the Hay, 1987 proposal were recommended. 16 -4-18 (As Exists): c. 2. Individual Districts: a . R·1·A, R·l·B, R·l·C Zone Districts . (1) A minimu of forty per c n (4~) of the to al lot ar a shall be landscap d. (2) Forty percent (4~) of th o al landscaped ar a shall b In the area describ d as t e ron yard, inclusive of any driveway ar a. (3) lCi · e planting guld . As Propos d to City Council 1n H y, 19 7: ( ) on ill ltc a • 1 7: l n I -• • • 16 -4-lS (As Exists): C. 2 . a . (4) One street tree is required for forty (40) linear feet of frontage and is to be located a minimum of five feet (5') behind the sidewalk. When the total street frontage is divided by forty feet (40 '), and there is a remainder of twenty feet (20') or more, an additional street tree shall be required . b. R-2, R-2-C, R-2-C/S.P.S. Zone Distr ic ts . (1) A minimum of forty per ce nt (4~) of the total lot area shall be landscaped . (2) Forty percent (4~) of the total landscaped area shall be in the area described as th e front yard, inclusive of any driveway. (3) Ninety percent (9~) of the area required to be landscaped shall be devoted t o living plant materials at the i r anti ci - pat ed size at aturity as defined in the planting guide. As Proposed to City Council in Hay, 1987 : (3) 10~ ~ of the area required to be landsca ped shall be d vot d to living plant materials at their anticipated slz a aturlty as defined In the planting guide. Chamber of Co rce Reco ndation : App ars to b In conflict with A 5, and 10~ requir nts Is unrealistic and cannot be 1 pl mented . Entire secti on needs mo r e study . Co lsslon Action on Oc o er 6 , 1987 : R ta n he 9~ figure rath r than the 100% figur . 16 ·4-18 c. 2. b . (4) c . lt ·lOisrc . (l) rc (2 ) 0 (l) 'f I . -• • • (3} Fifty percent (5~} of the area required to be landscaped shall be devoted to living plant materials at their antici - pated size at maturity as defined in the planting guide. As Proposed to City Council in May, 1987 : (3} 10~ ~ of the area required to be landscaped shall be devoted to living plant materials at their anticipated size at maturity as defined in the planting guide . Cham ber of Commerce Recommendation : Appears to be in conflict with A 5; also the 100% requirement is unrealistic and cannot be implemented. The entire sec tion needs more study. Commission Action on October 6, 1987 : Revert to the existing 50% figure rather than the proposed 100% figure . 16 -4-18 (As Exists): C. Z. c. (4) One street tree is required per forty (40) linear feet of frontage and is to be located a minimum of five feet (5') behind he sidewalk. When the total street frontage is divided by forty feet (40'), and there Is a remainder of twenty f et (20 ') or more, an additional street tree shall be required. d. R-4 District : (I) Hinl um landscaping for r sld ntial properties same as R-2. (2) Hinimu landscaping for professional properties s as R-3. e. B-1, 8·2, 1-1, and 1·2 Districts: (1) (2) sc 7: (2) ll I . -• • • Chamber of Commerce Recommendation: Appears to be in conflict with Section A 5; also 100% requirement is unrealistic and cannot be implemented. The entire section needs more study . Commission Action on October 6, 1987: Revert to the existing SO% figure rather than the proposed 100% figure. 16-4 -18 (As Exists): C. 2. e . (3) One street tree is required per forty (40) linear feet to be located a minimum of five feet (S') from any paved sur - face. When the total street frontage is divided by forty feet (40'), and there is a remainder of twenty feet (20') or more, and additional street tree shall be required . D. Parking Design Requirements; All Zone Districts . 1. If proposed construction of free -standing off -street parking areas contains fifty (SO) or more stalls, ten percent (101) of the total parking lot area shall be landscaped with twenty -five percent (25%) of that area to include living plant material . As Proposed to City Council in May, 1987 : D. 1. If proposed construction of (f,ee staA44A~) off-street parking areas contains SO or more stalls, 1~ of the total parking lot area shal l be landscaped with 1001 (~] of that area to Include l i vi ng plant mate rial . Cha ber of Co rce Recom.endatlon : Unclear, grammatical error. Co lssion Action on Octob r 6, 1987 : The Comm sslon d t n1in d that the gra ar Is corr t, but r coe.e dtd that SCI living 111 r11l would be .are appropria te than the present 25 or t e proposed 1001 , and rec~nds that his section be chang d tor ad: • .. lei of the total ptr lng lot area shall landscaped with SOl of tha ar a to lnclud 11 lng plant ater al ." • II • I . • • • 16-4-18 (As Exists): D. 3. In addition to the ten percent (10%) requirement in subsection 01 above, parking areas that are adjacent to streets shall ~et these requirements: As Proposed to City Council in May, 1987: 3. In addition to the [~ requirements in d (1) AND (2) above, parking areas that are adjacent to streets shall meet these requirements: Chamber of Commerce Recommendation: No changes recommended. Commission Action on October 6, 1987: No changes recommended from May, 1987 proposal. 16 -4-18 (As Exists): D. 3. a. A buffer zone shall be located between the back of the sidewalk, or the street curb line if there is no sidewalk, and the parking area, and shall not be less than five feet (5') in width as mea - sured from the back of the sidewalk or the street curb line. This area shall be landscaped . b. Street trees sh all be planted in the buffer zone at the rate of one per forty (40) linear feet . Street trees planted in the buffer zone may be credited toward the tree requirement in sub - section 02 above . As Proposed to City Counci l In May, 1987 : b. Stree t trees shall b on p r 40 l inear f -H114t ~ M - ) in the buffer zone at the rate of ~ ,lafttelt "'-tM-~ ~ l'e .. W41'tMft' ..... 5U,IIft ~ Cha b r of Co rce R co nda ion: No chang s re reco.mend d. l . Th ion on Oc ob r 6, 1988: o ch n s from May, 1987 proposal w r . u . IC, d Irs, 1nd as fgn 11 t 1r subJ ct to an I . - • • • • • 2. Landscaping shall be continuously maintained including necessary water i ng, weeding, pruning, pest control and replacement of dead or diseased plant material. Replacement for dead or diseased plant material shall be of the same type of plant material as set forth in the approved landscaping plan; for example, a tree must replace a tree, a shrub must replace a shrub, a ground cover must replace a ground cover, etc. Replacement shall occur in the next planting sea- son, but in any event, such replacement time shall not exceed one year . Any replacement which conforms to the requirements of this Section shall not be considered an amendment to the landscaping plan . 3 . Failure to provide adequate maintenance resulting in the deteriora - tion of trees, shrubs or other living plant material violates the objectives of this Ordinance, and the City Manager or his designee shall have the property posted giving appropriate notice of the violation of this Ordinan ce and setting forth that the violation must be corrected within five (5) days of the posting of the notice. If the nature of the violation makes it impractical to correct with in five (5) days, the owners shall submit a letter of intent to correct to the Ci ty Manager and shall correct the violation in the next planting season. Failure to reasonable comply with this Ordinance, either after filing a letter of intent or with ou t such a letter, can lead to action being taken in accordance with the Englewood Municipal Code, Section 1-4-1, as amended. As Proposed to City Council in May, 1987: 3. Failure to provide adequate maintenance resulting in the deteriora - tion of tree s, shrubs or other living plant •aterlal violates the objectives of this Ordinance, and the City Ma nager or his designee sha ll have the property post d giving appropriate not ce of the VIolation of this Ordinance and setting forth that the violation .ust be corr cted within five (5) days of th posting of the notice. If the nature o the vlolat1on aakes it apractlcal to corr ct with in i ve (S) days, the owners shall subalt a letter of intent to correct to the City Manager and shall corrtct tht violation in the next planting season. allure to reasonable c ply with this Ordlnanc , ei ther aft r filing a letter of Intent or without such a letter, can lead to action being ta en In accordance lh lh En 1 Municipal Code, [ I I 28 • l) , as nd d . C hs\ n ct\on on Octo r 6, I 7: 2 • 19 . l . I . • • • 5. To promote the installation of drought-tolerant plants and low- maintenance landscaping wherever applicable. No changes proposed by the Commission in May, 1987. Chamber of Commerce Recommendation: No changes suggested. Commission Action as of October 6, 1987: No changes proposed . 16 -4-18 (As Exists): 8. Applicability of Ordinance Standards. 1. These regulations shall apply in all zone districts to any change in use or any new development to any change in use or any new develop - men t or to any property in which the principal building is remodeled, which remodel ing cost is equal to or exceeds fifty percent (50%) of the estimated value of the principal building as substantiated by evidence submitted to the Director . For purposes of this Section, remodeling cost shall be equal to the sum of all permit valuations of work . As Proposed to City Council in May, 1987 : B. Applicability of Ordinance Standards . l. a . THERE IS A CHA C I 0 ERSH1P OF THE IMPROVED PROPERTY OR BUS II ESS. Cha r o Co nda io n : D let 8 1 a In I s entirety . r 6, 1987: Concurr d wl h Cha r r co ndatlon R TH P I IPAL DISTRICTS. ICH lll 1 lon d \ r d: I • - • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 2, 1988 I. CALL TO ORDER. The regular ~et1ng of the City Planning and Zoning Ca..iss1on was called to order by Chainaan Carson at 7:00 p.•. Members present: Russell, Hanson, Draper, Fish, Carson, Schultz, Such, Barbre. Romans, Ex-officio . ~rs absent: None. II. APPROVAL OF NINUTES. January 19, 1988. Mr . Carson stated that the Minutes of January 19, 1988 were to be considered for approval. Bubre .oved: Russell seconded: The Minutes January 19, 1988 be approved as written . AYES NAYS: ABSENT: ABSTAIN: Such, Barbre. Russell, Hanson, Carson. None. None. Schultz , Draper, and Fish. The .otion carried. IJ 1. APPROVAL OF FUIDIMU. Chain~~n Carson stated the Findings of Fact for January 19, 1981 were to be considered for approval. Hanson .oved: Barbre seconded: AYES YS : ABSENT : A TAl : T t t carr l The Findings of Fact tn Cut 1-88 be approved as itttn. Russell, Hanson, CarsOft. r , nd r ts . o F ct 1n Ca 11 · appro d as ll , , C rs r ' . l . I • • - • • • • The motion carried . IV. ELECTinN OF OFFICERS. Chairman Carson stated that the floor ~as open for nominations for Chair.an. Russell Rloved: Such seconded : That Mr. Hanson be no.inated for Chain~an of the Cotmiss ion . There being no further nominations, the Com.issioners voted as follows: AYES Such, Barbre, Russell, Hanson, Carson, Draper and Fish. NAYS: None. ABSENT: None. ABSTAIN : Schultz . Mr. Hanson ~as elected as Chain~an for 1988 , and he assu.ed the Chair. Russell 110ved: Carson seconded: That Mr . Barbre be n011lnated for the office of Vice Chaln~an. " There being no further nominations, the Co..issioners voted as follows: AYES NAYS: Such, Russell, Hanson, Carson, Draper and Fish . None. ABSENT : None . ABSTAIN: Schultz, Barbre . V. LANDSCAPE OltD I NANCE. Mr s. ROMans stated that the Landscape Ordinance had been passed t~ years ago , and several changes In the ordinance were reca..ended in April by the Co..ls - sion to the City Council. The Council voted to return the ordinance to the Co..lssion for further study after several Issues re raised by the Greater E gl~ood Cha.Oer of C~rce . Several of the C~lsslon ..-bers .. t ~lth the Govern.antal Affairs Ca.alttee of Th Greater Engl~od Cha.otr of Ca..erce, and that co..lttee su~ltted a list of proposed a .. nd•nts lch re cons Ide red by the Co..hs ion at th Octob r 6, 1987 etlng. S~ of the chang s re Incorporated, 1nd the COli· •I ss ion vot d to cons ld r tho se n n s at a public h arlft9 ld o F bru ry 17, 1988 For the ben f t o pointfng ou chan s r c ndations of th VI . POILIC f s • 2 • nt ov r th ord n nc , 1fter cons d rlft9 t r th land · • or t or rt . I • • - " • • • VJJ. DIRECTOR'S CHOICE. Mrs. Romans said that she had received a call fro. RTD concerning HB 1Z49, and that a representative of RTD will speak to the Co~ission concerning this Bill following the public hearing on February 17. Mrs. Romans said she would set up a .eeting with the new ..-bers and the As- sistant City Attorney. Assistant City Attorney Nancy Reid has been assigned by City Attorney DeWitt to attend Planning Co.ission .eetings whenever her legal assistance will be required. Mr. Hanson asked to be notified of the -.eting with the Attorney and the new ..-bers. VIII. COMMISSION'S CHOICE. Mrs. Russell thanked Mr. Carson for having served as Chainaan during the past year. Mr. Carson thanked the staff for their assistance. The new ..-bers were welca.ed. Mrs. Russell discussed the need for Park and Ride lots. Mrs. R011ans suggested that the C011prehens1ve Plan will be reviewed this year and the C~ission Might wish to include Park and Ride as a consideration. The .. eting adjourned at 7:45 P·•· Seryouu:S: ~co~g secretary I • • • • .. • CITY OF ENGLEWOOD Pl.AIIIlll& AND ZONIII& COIIUSSION FEBRUARY 17, 1988 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7 :00 P.M. by Chairman Hanson in the George Perrin Conference Room in the Englewood Public Library. Members present: Russell, Such, Draper, Barbre, Hanson, Fish, Schultz, Carson Ro•ans, Ex-officio Members absent: None Also present : Bob Marx, Greater Englewood ChaMber of Ca..erce Roger Kutz, Regional Transportation District J. Bear Baker, Regional Transportation District (Mr . Baker was not present at the ti.e the .. eting was called to order, but en tered later during the course of the .. eting .) 11. Cha i naan Hanson stated that the Minutes of February 2, 1988 were to be con - si dered for approval . Car son 110ved : Drap r seconded : The Minutes of February 2, 1988 be approved as written . Such , Draper, Barbre , Hanson , Schultz, Fish , Russell , Carson ne Non on lh 110 t on c arr ed. Ill. A lu. CAS( 115-17 C II r. ". c . l . I • - C. • ABSENT : None ABSTAIN : None The motion carried. • • • Mrs . Romans was sworn in, and stated that at the previous .eeting of February 2, members of the C01mission were given 1 work copy citing the Landscaping provisions as they presently exist in the Englewood Municipal Code, citing amendments which were reco.-ended to Council by the Co.aission in May of 1987, c iting amendments which were suggested by the Greater Englewood Cha~r of Commerce, and citing a resolution to the sections which had been questioned by the Chamber, which resolution was deten~ined by the Co.aission in October, 1987 . This has been refined to one docu.ent which is before the Co.atssion for Public Hearing, and the issues to be heard by the Co.atsston are those wh ic h were determined tn October. Mrs. Ra.ans sublttted for the record 1 let - t er from Mr . Kenneth R. Hope, Representative of the City Liaison and Governmental Affairs C~tttee of the Greater Englewood Cha.blr of Co.aerce, expressing the satisfaction and pleasure of the Cha.blr with the resolution of the i r concerns on the Landscaping Ordinance. Mrs . R~ans stated that there has been no contact f~ the general public re garding the proposed a.end.ents since the public notice was pJblished . Hr . Hanson asked if there were any questions of Mrs . Ra.ans fro. the Coa.is - sio n . No questions were posed to Mrs . Ra.ans . Hr . Hans on asked i f anyone i n the aud i en ce wished to addres s the Ca.~t ss t on . Hr . Bob Marx was sworn tn , and testified that he .atntatns offices at 3701 South Broadway, and is 1 representative of the 'reater Englewood Cha.blr of C ~r ce . He expressed the apprec i ation of the Che.ber for the cooperation they have received fro. the Planning Co..tsston, aftd particularly f~ Mrs . Ra.ans, revardtng the concerns that re expressed by the Cha.ber on the pro - po sed a.endlents . Mr . Marx stated that he felt , wi th these ... nOients, the Ci t y now has a good, total ordinance . The Ch r ts pleased to be Included In t he drafting and consideration of law s that affect the City . Mr . Han son asked If there were any further que s tion s, or anyone else who wis hed t o addr ss th e Co..lsst on . Th er re no other per son s o wi shed t o do so . Ca r so n ., d: Sue s co d: Th Public H ar ng • H n o , c ul l, f 11, • Or r , C r o . ' . I • • Carson moved: Such seconded : AYES: NAYS: ABSENT: ABSTAIN: Hanson, None None None • • • The City Planning and Zoning Commission approve the amend- ments to the Landscaping Ordinance, and refer the document to the City Council with a recommendation for favorable consideration. Draper, Fish, Russell, Such, Schultz, Carson, Barbre The motion carried. IV. REGIONAL TRANSPORTATION DISTRICT. Mr s. Romans introduced Mr. Roger Mutz fro. the Regional Transportation Dis trict. Mr . Hutz stated that House Bill 11249 was passed last year. In response to th is Bill, RTD set out to develop a regional rapid transit systeM. Mr. Mutz pr esented a slide show of various types of rapid transit syst .. s, such as the li ght rail transit, high occupancy vehicle lanes, auto.ated guideway transit , gui ded bus, etc . The slide show also addressed issues such as routes, cost es t i mate s , sources of funding, construction ti .. tables, and technologies to be us ed . At the close of the slide show, Mr . Mutz asked for questions frOM the Commissi on . Mr s. Russell stated that she was fa•iliar with the rapid transit syst .. in Chic ago, wh i ch goes through high density residential areas and is readily ac - cessi ble by a large ridership . The Denver .. tro area is so spread out , how wi l l potent i al r i ders get fro-their places of residence to the rap i d tran sit s tat i on s . Mr . Mutz suggested park 'n ride lots will be used; large 2,000 vehicle lot s i n th e outlying suburban areas, and the closer in area s can use the bus syste.. Mrs . Ru ssell sugge sted that RTD •ight consider the use of smaller park 'n ride lot s . Mr. Mutz s tated that they will also look at joi nt use facili t ies, s uch as shopp i ng center parking areas . Mr . Mutz slated that t he park i ng needs along the trans i t corridors have yet to be dete~i ned , and av aila bi l i t y of area for park 'n r i de s along the corridors has al so to be de t en11i ned . Hr . F1sh s at ed that i t app ared t he tran si t sys t .. is a "s pok e syst .. •; how doe s h bus sys l .. rk with his proposed design . Mr . Mutz stated tha t I a for an effici nt sy s t •: th buses uld serv a coll ection/distribu lon pur pos to th rapid tran t s ta tons fro-t h no~al bus stop s. . l . • I . (• • • • proximity to bring people into the area. Mrs. Romans pointed out that when discussion of a Park 'n Ride location near Cinderella City has been considered, It was in the area north of the shopping center, not in the existing custo.er parking areas. Mr. Fish stated that a Park 'n Ride in close proximity to the shopping center could encourage shoppers. General discussion on the various types of rapid transit ensued. Mr. Schultz asked how weather might affect an auto.ated guideway transit if such were to be developed In the Denver area. Mr . Mutz pointed out that this syst .. Is used successfully in West Gen.any, and the weather Is very sl•ilar to that of Colorado . Mr. Schultz discussed his trip to Vancouver, B. C. during Expo '86 and the public transportation systa. used there. He stated that a ticket for Sl.25 would allow a rider to use any fon. of the transportation systa., and that one could get to al.ost any point quite easily, quickly, and safely. The system was very convenient to the custa.er, and the ridership was high. Mr. Schultz s tated that he would like to see a syst .. designed for the Denver .. tro area which would allow riders access within walking distance, and would elt•tnate the need for private autoaobtles to be used to get to a Park 'n Ride. Mr . Mutz discussed the probl .. s of designing such a syst .. with the lower residential densities that IUch of the Denver .. tro area has; this .. Y change with an Influx of population, however, or a change In population centers . Mr . Fish stated that Washington, D.C. also has a good rapid transit syst ... Mrs . Romans agreed, and stated that she found the syst .. in Washington, D.C . to be clean, quick and convenient . Mr . Schultz asked why the plan appears to .. ke use of several syst .. s before a f inal overall syst .. s t~osed . Mr. Mutz st ated that part of this Is a refl c ion of the various population centers and needs to be served, and part Is deter. ned by the financing required . Fi nan e ng and the acquis ition of right -of -way .. re discussed . The rid rship on the RTD bu ses wa s also discussed . Mr . Carson and Mr . Draper both stat d that they had seen •any buses traveling South Broadway that had v ry f pass ngers, and that they had never seen a bus that wa s full . Mr . Ba tr sta t d that the routes that ext nd to d tOWft Otnver fill up at Ala . nd t at ry often buses that are tra 1 ng south on Broa ay fro-d D n r ha unlo dtd h gr a por on of h rid r hlp at s po n s • 4 • ) I • • • • .. Santa Fe corridor, one must "get in line for the funds", and that it could take about 18 months before construction could begin. Mr . Carson asked Mr. Baker why the Santa Fe Corridor was chosen. Mr. Baker stated that this corridor has great potential for ridership, is a very cost efficient corridor, and a great deal of the right-of-way is already acquired . Discussion of a transit corridor on C-470 was discussed, as was the Transit Construction Authority's plan for the 1-25 corridor . Mr . Hanson thanked Mr . Mutz and Mr. Baker for their attendance and the presen -tation to the Commission. V. PUBLIC FORUM. No one was present to address the Commission under Public Foru.. VI . DIRECTOR'S CHOICE. Mr s. Ro~ans presented ~rs of the Co..ission with copies of the Goals adop - ted by the Co..issi on for 1985/1986 . Mrs . Ro.ans identified several of the goals whi ch have been acca.pl1shed . She suggested that the -..btrs of the Commissi on review these goals, and be prepared to •ake additions to the list and discuss goals for 1988 · 1989 at the next Meeting . Mr s . Russell excused herself fro. the Meeting . Mr s . Romans s tated that one vacan cy re.atns on the Ca..ission, and that the Ctty Cou ncil will be i nterviewing to fill this va cancy on February 29 . lh Ctty Council approved th va cat ion of the right -of -way In the 3500 blo ck of South J aso n Street on first read ing at the .. etlng on February 16th . Mr s . Ro ans as ked that I f any -..bers of th Co.alss1on have questions about any att r before It, to plea se call her rather than other --.bers of the sta f . Mr s. Ro.ans pointed out that she Is the ex ·offl cl o -..btr of the Co.· Mission app oi nted by the City Manag er, and that In order to carry out that responsibility effectively, she pr fers to be the s taff cont act. In r spons to a query fro. Mr . Hanson, Mr s. R ns stated that ther cases on th g nda for the C~isslon on Mar ch B. Mr . Hanson sugg dtscu slon of th oals or h nsulng y ar be scheduled for tha I . -• • • would suggest that it be cleared with the City Attorney to determine any pos- sible ramifications on the sutt. Mr. Carson stated that he dtd not feel thts issue needed to be cleared wtth the Ctty Attorney, and that the Ctty Charter indicates the Commtsston can have tta.s brought back for further consider-ation. Discussion ensued. Mr. Hanson suggested that this •1ght be one of the goals to be listed for dis-cussion at the next Meeting. Carson moved: The staff brtng the B-2 provtstons pertatntng to used Car dealerships back to the Caa.isston for further consideration. There was no second to the motion. Discussion ensued. Mr. Hanson asked If there was anything else to be brought before the Com.isslon . Mr. Carson stated that he wanted a second to his .ation . Mr. Barbre stated that he Is of the opinion this should be cleared through the City Attorney's office . Mr . Draper stated that he wanted to read the ordinance through and famil i arize hl•self with the details before it 's brought back to the Ca..ts - sl on. Again, no .a.ber of the Ca..isston seconded Mr . Carson's .atlon . Mr . Hanson stated that he felt the reconsideration of the B-2 District should be Included on the "laundry ltst• of 1t .. s the Ca..ission will consider this next year, and that 1t .. s will be prioritized following a general discussion at the next .. eting . The meeting adjourned at 8:35 P. M. • 6 • , I • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 15-87 ) FINDINGS OF FACT, CONCLUSIONS, ) AND RECOMMENDATION RELATING TO ) AMENDMENTS TO THE LANDSCAPE ) ORDINANCE, SECTION 16.4-18 OF THE ) COMPREHENSIVE ZONING ORDINANCE ) THE DECISION OF THE PLANNING AND ZONING COMMISSION, AND THE FINDINGS OF FACT AND CONCLUSIONS. A Public He1ring w1s held on Febru1ry 17, 1988 to consider C1se 115-87, which Case rel1ted to cert1in proposed 1.en~nts to the L1ndsc1pe Ordin1nce, §16 -4- 18 of the Comprehensive Zoning Ordin1nce, (Title 16 of the Englewood Municipal Code of 1985, iS 1.ended}. The Public He1ring w1s held in the George Perrin Room in the Englewood City Hill . The following .elbers of the City Planning and Zoning Com.ission were present : Birbre, Carson, Dr1per, Fish, Hinson, Russell, Schultz, and Such. No .elbers were absent; one seat on the Ca..is -s ion was ViC Int. FINDIN&S OF FACT Upon review of the evidence taken In the fon~ of testt.ony, presentations, reports, and the draft of the proposed a.e~nts to the landscape Ordinance , the City Planning and Zoning Co..lssion ••kes the following Findings of Fact. 1) That notice of the Public Hearing was given in the E lewood Senti- ~. the official City newspaper, on February 3, 1 2) Th at the Ci ty Council a .. nded the Municipal Code of the City of En - glewood by adding a section titled "Landscape Ordinance• to the Co.- pr hens v Zoning Ordin1nce through the adoption of Ordinance No. 2, S r s of 1984 . 3) That in adopting the Landsc ape Ordinance, the City Council found It n cessary to do so 1n 1n effort to create an attractive envtro~nt for living, doing business, and rklng In the City of Englewood, and to provtd relief fro. the high cone ntratlon of off-street paved p r lng areas along lo cal , arterial and collector streets . 4) a t r hav ng h d a period of tl to assess th appl cation o tc prop rt1es nd specific d v lop · to elth r ~racttcal or unclea r . 6) • . l . • I . - 7) 8) 9) 10) 11) 12) 13 ) U) 1) 2) • • • That the Englewood City Council received the recommendation of the Commission on May 18, 1987 and set a date of June 19, 1987 to con- sider the proposed amendments to the Landscape Ordinance and several other sections of the Comprehensive Zoning Ordinance. That the Government Liaison Ca..lttee of the Greater Englewood Cham- ber of Commerce, by letter to Mayor Eugene Otis dated May 29, 1987, requested that the City Council not act further on the proposed amendments to the Landscape Ordinance until such tl .. as the City Council and Planning Commission met with the Govern.ent Liaison Com- mittee to discuss their concerns about the purported contradictions, inequities and conflicts in the proposed a .. ndments. That members uf the Planning Ca..lsslon and Planning Division staff did meet with the Government Liaison C~lttee ~bers to discuss their concerns on June 9, 1987. That at the .. eting of the City Council on June 29, 1987, the Land- scape Ordinance was withdrawn fro. the aatters to be considered at Public Hearing and the City Council referred the proposed a..nd.ents to the Landscape Ordinance back to the City Planning and Zoning Co•- •ission for further study and for further discussion with the Govern - .. nt Liaison Com.ittee. That the Government Liaison Ca..lttee sub.itted suggestions to the Planning Ca..lssion by letter dated August 13, 1987, identifying cer - tain changes to the proposed a..ndlents to the Landscape Ordinance which they would reca..end. That the suggestions of the Cha.ber Ca..lttee were considered by the Planning Ca..tsston and at the .. ettng on October 6, 1987, the .... bers of the Ca..lsston approved certain revisions to the proposed nd.ents to the Landscape Ordinance and set a Public Hearing to cons t d r the proposed a..na.tnts as rev i sed on February 17, 1981 . That dur i ng the Public H ar l ng on the proposed revisions to the Land - sc ape Ordinan ce , 1 lett r s igned by Kenneth R. Hope on behalf of the Ci ty Li a ison and Govern.ental Affa i rs Ca..t tt of the Greater Engle - od Cha r of Ca..erce wu read Into the record of the Hearing In lc h 1 t r th ca..ltt s tated th f r concurrent wi th th propose d nd n s . T at no t c of th Pu 1 c w g v n . • 2 • I . - C. • I 3) 4) • • • That Robert Marx, a member of the Cha~r ComMittee, spoke in favor of the proposed amendments . That there were no other persons present who wished to address the Commission, either in favor of or in opposition to the proposed amendments to the landscape Ordinance, §16-4-18 of the Ca.prehensive Zoning Ordinance . 5) That the proposed a.en~nts will facilitate the efficient ad- •inistration of the landscape Ordinance, thus i~le.enting the original intent of the City Council in adopting that Ordinance. Therefore, it is the reca.aendation of the City Planning and Zoning Co..ission to the City Council that the proposed ..e~nts to the Ca.prehensive Zoning Ordinance, §16-4-18, landscape Ordinance, be adopted. Upon the vote on a .otion .. de by Mr . Carson and seconded by Mr. Such follow - ing the Public Hearing on February 17, 1988 . Those voting in favor of the .otion were Mrs . Russell and Messrs. Barbre , Car - son, Draper , Fish, Hanson, Schultz, and Such. No one voted in opposition to the .otion . One se at on the Ca..ission was vacant . By Order of the City Planning l Zoning Co.aission . dar/gw I . . - I I • • • • ~t:> 7"/~-r ~~&NIM[Nl 0t ~utUJ) MVn.ON£NT ~. ml.O'!Aftl FEB 16 1988 February 12, 1988 Mrs. Dorothy Romans Director of Community Development City of Englewood Englewood City Hall 3400 S. Elati St reet Englewood , CO 80110 Re: Landscape Ordinance Dear Dorothy: During the most recen me ing of the City Liaison and Governmental Affairs Com•itte of he Gr at r Englewood Cha•b r of Com•erce , the Landscape Ordinance was once again diacu s d. I wa s the conclusion of our committe that we would concur with the •oat rec n r co••endationa •ade by the Planning Co•miasion. Th a reco•mendationa were ••de and r fl c certain changea that our co1111itte f lt wer n c aaary to adquately pro•ote the intent of th ordinance. Our co••itt hav c rtain input into th alao 1 aa d tha the plannin atatr, w r r ceptiv to ao• Aa with oa t b aa d tha w w r allowed to iaion •akin proc aa. W are co••1aaion, ci y council, and au eationa. or no HI h th to b I • • • • ~ 16-4-18 : LANDSCAPE ORDINANCE: 'I A. St atement of Intent. The City Planning and Zoning Co..ission and City Co unc i l recognize that landscaping is a necessary ~eans of gaining quality development , of creating visual and environ~ental public a~enities, and for enhancing the single -family , multi -fa•ily, ca..ercial and industrial are as of Englewood. It is to this end that the following goals are set fort h and the regulations in this section are deeled necessary : I . To create an attract i ve environ~nt for living, doing business and working in the City of Englewood, and to provide relief from the high con centration of off-street paved parking areas along local, ar -t erial , and collector street s. 2. To encour ag e a qual ity des i gn [~wil~i~t) concept and to require a [~ SI TE PLAN tha t con t r i bute s to TH E QUALI TY OF DEVELOPMENT [e eftteMt ], th at en han ces or compleMents what ex i st s, that recogniz es t he s t r eet or si t e as impo rt ant , and relates [i,PWI,WPII] DEVELOPM ENT to human scale. 3. To pra.ote ~ compatibility betwe en i nd us t ri al uses and ad j acent residential districts. 4. To require any ne w develo~nt or any cha nge in use in any residen - tial, commercial or i ndustrial are a t o be l andscaped and to require that the landscaping be maintai ned. S. To promote the installation of droug ht-tolerant plants and low - maintenance landscaping wherever applicable. B. Applicability of Ordinan ce Standards. I. T l . . l . I . • • • This fund shall be used for beautification of public areas as deter --mined by the legisht1ve body. 3. THESE REGULATIONS SHALL NOT APPLY [~ ~ l8NE BISfRIEfS] IF ANY ONE OF THE FOLLOWING OCCUR: a . THE PROPERTY OR BUSINESS COMPLIED WITH THE LANDSCAPING PROVI - SIONS IN EFFECT AT THE BEGINNING OF THE OCCUPANCY. b. IF THE PROPERTY IS IN COMPLIANCE WITH THIS ORDINANCE AND THERE IS A CHANGE IN THE TENANT OR LESSEE, THE LANDSCAPING REQUIRE -MENTS DO NOT APPLY. 4 . THE PROPERTY OWNER IS ULTIMATELY RESPONSIBLE FOR LANDSCAPE IMPROVEMENTS . C. Minimum Landscaping RequireMents: l . All Districts. a. At the time of application for a building pe~it, [~ ~ ~ iRelw~e~) a landscape Plan in sufficient detail to determine compliance with the Landscape Ordinance SHALL BE SUBMITTED. b . The Landscaping Plan shall be reviewed by the Planning Division , and if the proposed landscaping co.plies with the requirements of th i s Ordinance, i t shall be approved . All landscape improve - ments indicated on or contained in an approved site plan shall be compl ted prior to issuan c of a Certificate of Occupancy . (I) I . ( . c . . ' d . • • ,. • [~ ON BEHALF OF the City. (2) To provide the security instrument, the property owner may deposit with the City cash in escrow, certified funds, or an i rrevocable letter of credit, in a for. acceptable to the Director . The payee of said funds shall be the City, and the funds shall be collectible by the City UPON [~ the City 's giving ten (10) days ' written notice to the par - ty giving the instrument and thereafter executing [~] the instrument. (3) The owner(s) of the real property , on proof of ownership and consent of all having a secur i ty interest in the prop - erty may place a l i en on the property in favor of the City , which lien shall be superior to all other liens and en - cumbrance s. The fo r. of the l i en s hall be as approved by the Di rector and shall provide for the payment of attorney fees and co s t s of col l ection i n the event that enforce.ent is nece ss ary . Th e own er consent s, i n g i vi ng the lien , tha t r easonable exp enses May excee d th e va l ue of the lands cap i ng re qui r ed . (4) In acce pt i ng a Te~orary Certificate of Occu pancy, t he owner is consen t ing and ackno wledging the aut ho r i t y of th e City to per f ona the landscaping requirements on t he proper - ty and to execute [~] the security given by th e land own er . MINIMUM SIZE REQUIRE MENTS FOR TREES AND SHRUBS ARE : (I) DECIDUOUS TREE S: 2" -2 1/2" CALIPER. (2) EVERCR££N TREES : S' 6 ' IN H ICH T. (3) FLOWERING, D CIDUOUS AND EVER R EN SHRUBS AND HEOC S: S GALLOH MINI (4) ROC AND STOH : 3/4" 01 ETER MINI SIZE. 3" MINI DEPTH FOR ROC BEDS . 4• MIN I OFPTH FO DECORATI VE BAR ·CH IP B OS . vin I . c: { . • • • g . The Department of Community Development shall provide a recom - mended plant i ng guide wi th i nformation on appropriate types of trees and plants for gi ven areas along with instructions for proper i nstallat i on and •a i ntenance of landscaping . h . In areas critical to pedestrian and vehicular traffic , shrubs and other plants mu s t be installed and maintained to provide clear visibil i ty as determ i ned by the Traff i c Engineer . 2. Ind i vi dual Dis tri ct s: a . R-1-A, R-1-8 , R-1-C Zone Districts . b. (1) A minimum of forty percent (4~) of the total lot area shall be lands caped . (2) Forty per cent (4~) of the total l and sc aped area shall be in the area de sc r i bed as the front yard , i nclu s ive of an y dr iv ewa y area . (3) Ni net y percent (9~) of the area re quired to be l andsc ap ed shall be devoted to living plant materials at their an tici - pated size at •aturity as defined in the planting guide. (4) One street tree is required for forty (40) linear feet of frontage and is to be located a •ini~ of five feet (5') behind the sidewalk. When the total street frontage is divided by forty feet (40'), and there is a re.ainder of t wenty feet (20') or .are, an additional street tree shall be required. R 2, R-2 C, R 2-C/S .P S. Zon Dis ricts. (1) A aini of forty p rc nt (4~) o th otal lot ar a shall landscap d . (2) (3) (4) total landsc pfd ar a shall ron yard, inclusi of any c . R·l 0 t r t. (I) A n; II • 4 • (l ) 1 I t I . 0. I . • • .. • (2) Forty percent (40 %) of the total landscaped area shall be in the area described as the front yard , inclusive of any driveway area . (3) Fifty percent (50%) of the area required to be landscaped shall be devoted to living plant Materials at their antic i - pated size at maturity as defined in the planting guide . (4) One street tree is required per forty (40) linear feet of frontage and i s t o be located a minimum of five feet (5 ') beh ind the si dewalk . When the total street frontage is divided by forty feet (40 '), and there is a reMainder of twenty feet (20 ') or more , an additional street tree shall be requ i red . d . R-4 Dis tr ic t : (1) Minimum land sc api ng for r esi dent i al properties saMe as R-2. (2) Minimum landsca pi ng for profe ss io na l pro pert i e s same as R-3 . e . 8-1 , 8-2 , I -1 , and I -2 D I st r i t s : (1) A a i ntau of t n percent (10%) (2 ) (3) I • • • 3. a . A buffer zone shall be located between the back of the sidewalk , or the street curb l i ne if there is no sidewalk, and the parking area , and shall not be less than five feet (5 ') in width as ~a ­ s ured fro. the back of the sidewalk or the street curb line . Th is area shal l be landscaped . b. St r ee t tree s shall be planted i n the buffer zone at the rate of on e pe r 40 linea r fee t. [~ ~ ~ +tt ~ IMtHett HM ~-e Pe~Ue~ ~ ~ ~ ret~uire111ut +it~ ~ ~] 4. Bec ause t hes e ar eas are cr it ic al to pedestr i an and vehicular traff ic, shrubs and other plant s must be in s talled and Maintained to prov i de clear visi bi l i t y as det ermi ned by the Traff ic Engineer . E. Maintenance. 1 . The own er of t he prop ert y , his s uccess or s, he i r s, and assi gns s ha ll be res ponsi ble for the pro per Main t ena nce of t he ar ea sub ject t o an appro ved landscaping pl an. z. landscaping shall be continuously aintalned including necessary wat ring, weeding, pruning, pest control and replacement of dead or dis ased plant material. Replacem nl for dead or diseased plant material shall be of the same type of plant Material as set forth in the approved landscaping plan; for example, a tree must replace a 3 . ree, a shrub •ust replace a shrub, a ground cover must replace a ground cover, etc. Repla ment shall occur in the next planting sea - son. but in any ev nt, such replac nt ti shall not exce d on year. Any r place nt wh ch confon.s to h requ1re nts of th1s S ion shall no consider d an a nd n to the landscap ng plan . . ' I • - C 0 U N C I L DATE March 28, 1988 • • .. • C 0 M M U N I C A T I 0 N AGENDA ITEM b SUBJECT Vacation of Portion of South Jason St. Right-of-Way: 3500 Block South INITIATED BY ______ c_i_t_y_P_l_a_nn_l_·n_g_a_n_d __ Zo_n_i_n_g_C_Mm ___ is_s_i_o_n __________________ __ ACTION PROPOSED, ________ A_d_o_p_t_a_n __ or_d_i_n_an_c_e __ va_c_a_t_in_g __ a __ Po_r_t_i_on __ o_f_t_h_e __ Pu_b_l_i_c ___ Right -of -way in the 3500 block of South Jason Street . BACK &ROUND ---- As a part of the agreement for the develop~ent of the Park Floral site with Pennant Properties, In c., the Urban Renewal Author ity agreed to request the vacation of a portion of the right -of -way in the 3500 bloc k of South J ason Str e . Aft r h l nl ial request for th vacation by Pennant Prop rtles, Inc . during on s or t d v lop~ent of th Par Floral site and adjac n pr op t y, propos d vaca on wa s sh on th Engl od Exchang Planned n tha wa s approved by the Plann ng C ss on and City Coun t 1 f n I . • • • No . 4, a Bill for an Ordinance vacating a specific portion of the right -of-way in the 3500 block of South Jason Street, on first reading. A condition of the vacation was the retention of ease.ents in the vacated right-of-way for emer- gency access and vehicular access across the roadway and for utilities. The Matter of the Maintenance of the vacated roadway (snow re.oval and re- pairs) was not specifically addressed in the Bill for Ordinance and this point was raised as a concern of several people. The proposed Maintenance of the roadway after its vacation was discussed with representatives of Pennant Prop- erties, Inc . following the February 16 Council .eeting. Upon reconsideration by the representatives of Pennant, they agreed that in spite of the original agree.ent, that the conditions for vacating the west 43 feet of the right-of- way probably do not exist, inasMUch as the roadway would have to be retained for access to the abutting properties and the utility lines would have tore- main within that portion of the right -of-way. For this reason, Pennant has asked that the request for the vacation of the 60 foot right-of-way be ~.ended by deleting the vacation of the west 43 feet of the right-of-way . The revised vacation request was considered by the .eMbers of the City Plan - n i ng and Zoning Co..ission at its Meeting on March 22, 1988 . It I s the f ndtng of the City Planning and Zoning Co.atsslon that there i s no publ i c purpose to be served by the retet~tton of the east 17 feet of the rigtlt - of -way for South Jason Street In the 3500 block, and for this reason , the C•- Mi sslon rec-..nds that that portion of the right -of-way as described In the attached legal description as Parcel A and Parcel 8 be vacated . I • - CRDINA!O NO . smus OF 1908-- • • • BY AlJ'l'lDUTY A BILL Felt Jlb AN OODINANCE VACATING A PCRTIOO OF TilE RIGm'-oF-wAY IN 'rnE 3500 BLeCK <F &X JASCI'J S'ffiEE:I', IN 'rnE CITY OF ~, caJN'n' Of' ARAPAOOE , STATE Of' CCUJW: \IICRJ::AS, in larch 1986, the City and the Urban Renewal Authority ente1 into a il ive Agr t wh ich granted the Authority the control of the 3~00 01 of SOUth Jason Str to ~sist in the implementation of the .1 t Plan ; and CITY -1 - I . • • • "arCC'l 1\: A 17-f t strip of lan<i being adjacent to Lots 23 thru 29, Block 6, E:l'r.UlllD, according to the recorded plat thereof, being DDre pnrticularly described as follows: ncing at the NW corner of Block 6, being also the intersection 1 o f the East right-of-way line of Jason Street and the South right-of-way lll'lP of llilrpdcn Avenue; thence S 0026'55" W, along the West line of said nl k 6 and long the East right-of-way line, a distance of 80.00 feet o the True Point of Beginning of the parcel herein described; thence continuu1<J s 0026 ' 55" W along said Uest line and said East right-of-way line , a dist.::nce of 157.00 feet; thence North 89050 • 22" West, a distance of 17.00 f t; hence North 0026'55" E, parallel with and 17.00 feet Ues of (by nerpendicular asurement) said Eas righ -of-way line, a di tanoP of 157 .00 f t; thence s 89050'22" ~. a distance of 17.00 f t to the True Poin of Beginning. Parcel D: I . - • • • • • I, Patricia H. Crow, City Clerk for the City of Englewood , Colorado , hereby certify the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th ~y of l~ril, 1988. Patr~c~a H. Crow I • • • • 0 _____________ YJ:. Ha~en _Ave. ----, ___________ +NE corner J/ SectJon 4 N L Jne o Sttct Jon 4 ~ I ... ... ~ C) ~ ' ...., N ~ • I c u J DQ ,_t Pn>pertl•, lftc . 8 sf ... . • -~ % .... c ~ ~ 0 ... -.. !. • Ill W. Ithaca Av e. • - • • • • PARCEL A A 17 foot strip of land being adjacent to Lots 23 to 29, Block 6, ENGLEWOOD, ac cording t o ~he record ed plat thereo f, City of Englevood, County of Ara pahoe , State of Colorado , being more particularly described as follovs: Co=encing e.t the North"·est corner of Bloc:lt 6, being also the intersection of the East Right-of-Way {R .O.W.) line of Jason Street and the South R.o.w. l ine of Be.mpden Aven ue; thence South 0 "26' 55" West, along the West line or said Block 6 and along said ~st R.O.W. line, ·a distance of 80.00 feet to the True Point of eginniog of the parcel herein described; 'thence continuing South 0 "26'55" West, along said west l ine and said East R.O.W. line , a distance of 157.00 feet; thence llorth 89 " 50' 22" West , a distance of 17 .00 feet; thence r;orth 0 "26'55" Ee.st, parallel vitb a nd 17 .00 feet We st of {by perpe~dicular measure~ent) said East R.O.W. line , a distance or 157.00 feet; thence South 89 "50'22" East, a distance or 17.00 feet to the True Point of Be~inning. PAR CEL IS A 17 foot strip of land being adjacent to Lo • 17 to 23 , Block 6 , ENCLE"JJOD , a ccording to the recorded plat thereof, City or En&lewood, County or Arapahoe, State or Colorado , b in.& aore particula;l:r deacri bed as rollova: Co t h corner or Bloc 6,.belna also tb intersection or (R.o.w.) line or Jason Str et and the South .o .• or id Block 6 a 4 alo to t '1'r Point or cl aa1cl !'».a Lin or t pro- I . • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM Mi rth 22 , 1988 SUBJECT Allend Municipil Code to provide Vice Chiir - .. n for Pirks & Rec . Co..ission INITIATED BY Parks ind Recreition Co..ission Thit City Council idopt a bill for in ordinince ACTION PROPOSED·------------------------------------------------ imend ing the Englewood Mun ici pil Code to provide for the office of Vice Chiinlin for the Pirks ind Recreition Co..ission IACICiiROC_!I) Title 2. Chipter 4, Section I through 3 of the Englewood Mun icfp i l Code estibltshes the Pirks ind Recreition Co..issfon, -..bership ind ten~s of ~rs, describes orginfzitfon ind .eetfngs ind lists powers and duties of th Co..ission. T tl 2, Chapt r 4, Section Z: Organiz at i on and Meetings, provides only for i Chatna~n, 1 ct d by the rship for two -ye ar ten.s . h C tsslon as sel cted an unofficial viet ch a ln..n, I f 1 the ac n 1 nt of t~ vtce chafnaan by ordinance add s credlbfl ty and s g f lea ce to pos t on. Since t~ vice chifnaan often pr sides In th abs c of c alnaan, the pos t on Is ctrta nly rthy of notat on by ol"dlna t I by I . - • • • .. • BY Al1I'OC1UTY oonr SERIES CE' 1988-- A BilL FeR AN ORDI~ AMFNDING TITLE 2 1 ~ 4 1 SOCTI~ 2 1 EMiL&lXD KJNICIPAL CXDE 1985 R!XiARDING PARKS AND ROCRE'ATI~ CXMUSSI~. iiHEREAS, there are provisions for electing a Olainnan of the Parks and Recr~a ion i ssion , but it has been determined that a Vice Olairman is also I "Cd'>dj M d \·~. City Council resin.-s to aroond the Englewood PUU.cipal COde to tncludn his provision ; I, n~, BE IT <n!l!UNED DY 'mE CITY CXXH:IL CF 'lliE CITY CF ·.lGUl I niAT: Title 2 , Olapter 4 1 Section 2 , Englewood ~cipal COde 193~, as foll 2-4-2: . .. or Sth .11, 1 0 I • • - • • • • • PI£SEimD IY --- d.iHul----~--~-- ~ -· , ________ _ I . . -• • • ~" ---------- ~ '1 t;/<.-€-~ud '1lt.u&ri ~ /ha4~ ~&: /9tf'J' ..,. ••• ---s...-.c.!._..:....:/J1:.....:_:_(}-(}...(.....:_::_:.I'...:.._ _____ _ I . • • • • MEII»A ITEJI ~UMmiY ---------- _ ____.r u 6 I . • 7 • - • • PIESEifltD IY ------___ ( e I . • SlC.•--L.:.~IIK::L.,a....J~~.__- 1( TS •·------------------- - • • • • ....,.n,. f6~,.. ........ ____ _ :J/t y~ 6:v y I . • • - • • --ITEII I d ~·' ---------- • • I . • • - • • MEJI)A ITEII 1/aJ PIESE111'ED IY ~ {! ~ )__ {/J9tZ~ (/;)"{5) r~--& /?. )7;e (!. ~ /J .> , ( z/- C-~~~ -==--~ /Jet-~~ __ __.,, TS a • ------ • - • • ;rz/ I II A&EJI)A ITEJI (?z-) • • I . • - • • • I . • • • • & (e)Ji -d ~9L~(--A f J ~ MENDA ITEJI -......._ --PIESDfTED IY ---- --~, ;, ~~?~~~~/) rx: __? y-'? /~ (/~ ~ ( h ~/_f~xx. r -£7~~ r~ ,/cit a_ tif ~du ~~ rr ~ -tf r:. i# J_ · llR. 2J ~:5 I . • -• • • A&EJIDA ITEJII ---PIESEIITED IY ~--- ~ ddjftm r-& '---' ___/' _, / r · /./ £ ~, ____./~/ V "" r ___.-· ~-------< 'ft::J!r~z L-/CZ $(~: 1£ TS-: ------I . • • • • -Y%t ;{)p (/)d;t ) 7 AIDIDA ITER PRESEifTm IY ..D.3 D .; D , z { / C-1--~ _____) .Y ~ ../·f.;_, .J.-->E-----6" rf2y -( 0 c;.-nd" I . • - • • AGENDA ITEM I I j; /) PIESEITED 1Y ~~ r-) ~ (/ /luh 7.-kd ~ tt_e'/l 7/'-"'~ /· 3500 ~ J.fo~ 0'~'---"' J~dt I . • • • .. • ~(' /2 ow ) I' t-/;;? ,) I" cJ~­ ~/(/f,/Z)A~ /7./ AGEJIDA ITDI f ~ PRESEIITm IY f / ____/ /' ~-;--,~--f-8-·~ u ~~~\ ;7) ~ / t ( a-=----:::--____) ~ / ( ~r-d;~~r-v /7 _( ~0 / ./ c.;L/ /' c. G2 . ..) tr--. ~ ' /2---.)· a~ tJJ r' ~ C---::2 I . • - • • J];A : 'J;; /~ ~r ~<--? .;-( 2----~ an~v~-----_/----- "'-/ ~ / ( T' ( h.;:z_.. ~ ~ ....c Q " ./--c..~ <..t'2---c_/ I . • - • ,. • "--'j/ ~ -I .& ,.. --------_/ / ~ (' ~ c c2 '!?----' p u ,...- -ITER cr PIEsmtD 0 ---- y~/~~9_/ ~~r-~~\ ~ -( /J1D1i1rr-UJMcl ~~ /}JHt (1/Md ft_/ Co / • - • • A6EJI)A ITEJII ----PIESEJIITED IY MOJJ I ., I . • • • A6EJI)A ITEIII __ _ PIESEIITm IY ------ -···----------------------~--------- u.. ______________ __ TS a _______________________ _ I . • • - • • AGENDA ITEJI 1/V PRESENTm IY '12z C~ I . • • • • --;;;;-v ~~d~ c.e . ( t,~ '-<} r:' L_r J { :j/ ~ ( ltOTI•a =--_c:_~---- I . • - • • • • ~~~ ~ -. ~G ~_-_-/.,. AGENDA ITEM U/f --PIESDITED IY --- ~J' ~ .f-e c/.tU ~ /J;05 ~ J_/ /' '--(? f ~n J_/ /' ~ agOPY' I . • • - • • AGENDA ITER __ _ PRESOOm IY ----- IIDTICih --------------- I • • • I -• • • wtl n you tll problems for wtlat tll y are , tll y become a par of tll sr n ry. and tne so tutJ on IS JUSt covenng ground-- I also 5topped m on C1 an Air Ac Workshop, and ll stened m on a m 1 group pnontJzmg cl an atr tssu to be addressed by tll poltcy omm1 cours , tllere wer other groups ll stin g tlletr own pnontles Th r was so m dt scuSS1o n bout ozo ne , and 1 ·s rei uve tmportan ce or umm rtance as an tssu Mumctpal mcm ra to rs were <t rna or co nce rn H r , tll unpa ct of tll deoStons mad m tlle legtslatur wtll be felt by all -- 01 maJ r concern of muru pal!U IS tn at Ole financtat burden Will fall tllec...e governmen w111 ch re also pressed to provide adequate hous1ng for th hom I , paved stree fe bndg , and adequate ow r mov I Y I h ard no one speak to tll e 1ss ue tllat tlle t.opog r phy ot tlle I n<i on w11t t1 ctty ts--for good r ason , usually , IS often tll culpn --a n som tJ pay arty for standard s th at ar mor s11y a m by otll r<>-- I . • • • I was amused and bemused by the Wt y speech at tunch by our speaker from tlle world of televtson jour nalism . a participant m th makln g of the McNett/Lehrer report, and protege of EdWtn Neuman --, and ta.k.mg com fort m the compartso ns between tilt s prestd ntlal campatgn and a Slffitlar campatgn from my youth We needed a good laugh And the man from Mame , Senator G rge Mttchell , wno talked --rna e a lot of good nse --he talked of our dtrectlon , and our need to nse above our national lethargy and co mplacen cy and start to cllmb agam A 1 ast that's tne message 1 wanted to hear Perhaps Ill ge t rope nd oth r chmbtng g ar and trade that q -tlp m for a spray can for starters-- I'm sur 111 r f1 t.ln upon til tmp r tmpo m ov ran , was not til tssu --1 v --wtlat impressed me was tll pr mvotv sn Ul pr ess co m • • • The greatest dtsappomtment for me was the lack. of an overv1 w--a r a1 co mm g together of all the partJc1pants m a pan 1 that mcluded th ftv maJor pohcy areas --! feel that there was so mu ch overlap m the tssues , th by commg together perhaps briefly early m th conferen ce, and more m depth m the m1ddl or towards the nd of th conferen ce, everyone mvolved co uld have benefited , and dupllcatJons of !forts could be avotded , so that the work of the league could proceed more ff tJvely --tnstead of havtng some groups workmg the sam tssue , perhaps ven at cross purposes Also , 1t WOuld have g1ven me a better understandmg --earl!er --so that I co uld tlav gained more from tne tne conference So far , SID I haven · ye r ad all the matef'tals I brought back from thts conference, I fmd mos helpful , pampl called Investmg m home town am nca--ten ISSU forth I aa 1 ns 'f •• I . -• • • And the experience of the metro--a subway /and surface rail system . It"s marvelous--but it bas it's problems too--the park and nde feature IS not good enough . In Washington you stand sti ll on the highways , and are constantly moving through the parting lots--and you relax on the metro if you can get there from here or Wherever, and in time . We can learn a lot by studymg the traffic problems m DC . Our nauon 's cap1ta1 ---Washmgton DC The city is beauWut, one that we as Urut.ed Sta~ at.az.ns be pro d of as ~ welcome VtSltors from foretgn land to ~ the frwts of our labors We watt mto our magntftcent bwldtng of the Southsoruan lnsututt and pay no admtSSJon--The history, the sctence, th ar th techonology IS th r tor an yon to behold With wood r forth ac piJshments of peopl --bound by freedom I .