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Home My WebLink About1985-06-03 (Regular) Meeting Agenda• - • - • City Council Meetin g -Regular -June 3 , 1985 • • • • - • ~~ ~ ;~t;fi4: 0-: 2~. ~ 1 ~ ~ fl-41: .32: :33' 3~ • 0 • I . . • • , . - .... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 3, 1985 7:30 P .M. '114 a.~ a t1.o 1. Call to order. f~' 2. Invocation by Reverend Dan Gardinier, South Evangelical Presbyterian Fellowship, 3311 South Broadway . t.M~6tto 3. Pledge of allegiance . 4. Roll Call. ..j--c;J 5. Minutes. (a) Minutes of th regular m eting of May 20, 1985. 6. Pre-Scheduled Visitors. (Please limit your presentation to 10 minut s .) !£,;£.; (a) Englewood H igh School Athletes who placed first in ~I L .the Division and /or go to State Tourname n t will be ~ ~~. J.)tt. present to accept an award. ~' J i'rJ~/b) Mrs. Thursi a Pfeifer, representing the Jaycees, j.L~~ 6605 West 13th Av enu • , Lakewood, will be present V ¥~ ~ to discuss adm i ssion for the 4th of July fireworks -1l2-.,u.. ~QJI eel bration. (Please limit your present tion J. ~ Non-Sch duled Visitors. OJ ..• ,.-u.tt-~ to 5 minutes.) ~~ ~~ )-~ f'U-U-'~~t) ~ ~ .Ja. Communications and Proclamations. ( • I • • ( • • • Page 2 June 3 , 1985 Agenda ~rtd. 9 . Consent Agenda . ~ (a) (b) (e) Minutes of the Planning and Zoning Comm ission meeting of May 7 a nd 14 , 1985. Minutes of the Public Library Adv iso ry Board meeting of May 1 4 , 19 8 5 . Ordinanc e on final reading approving an a gr eement betwe e n the City of Englewood a nd the South Suburban Me tropolitan Rec r ea tion and Parks District for con- struction of a hike and bike trail from the nort h boundary of the Englewood Gol f Course to West Oxford Av e nu e. Ordinanc e on fi nal reading approvi ng an easeme nt to th e Public S e rvice Co mpany at the South Clay Street parking lot of the Englewood Mun icipal Golf Course for the purpose of construct i on, operating, maintaining, repairing and replacing gas lines . Ord i nance on final reading approvi ng a co oper atio n agreeme nt between the City of Englewood a nd the Englewood Urban Renewal Authority to transfer the City's interest in the Deed and Agr eement between the City and KRAVCO, Inc., east of Elati Street to the EURA. Recomme ndation f rom th e Urban Renewal Authority to approve a mot io n to s e t a public hearing on July l , 1985 at 7 :30 p.m. to consider an amendment to the Do wn town Redevelopment Plan . 10 . Public He aring . (a) To consider an Ordinance on final reading authorizing the issuance of $5 ,325 ,000 in General Obligation Water Refund i ng Bonds. 11. Ordinances, Resolutions and Motions. ~,~d. (!,~ ii1/ '"1\ q_oJ (a) (b) Recommendation from the Planning a nd Zoning Commission to approve the final plat of the Centennial Trade Center II locat d at 4500 South Federal Bl vd . Recomm endation from the Planning and Zoning Commission that City Council receive its recommendation to th Compreh nsive Zoning Ordinance and that it set a date for a public hearing . I 1-J-86 ph 0 ·. 30 r((f' I • • ( • • - Page 3 June 3, 1985 Agenda 11. Ordinances, Resolutions and Motions (Continued). {!, 1Jtl4 d.., ~~ (c) Recommendation from the Community Development Depart- ment to amend the Englewood Municipal Code to redefine "Derelict Vehicle" for clarification and enforcement purposes. --:0. w tt a-4 (d) Recommendation from the Finance Department to approve a Resolution amending the 1984 Budget. • c.~ 1t"3q (Y-o 12. 13. 14. (e) (f) Recommendation from the Police Department to amend the Englewood Municipal Code to clarify the maximum weight of certain commercial vehicles and equipment which can be parked within the City and restricting the parking of trucks used to transport hazardous substances. Recommendation from the Water and Sewer Board to approve a water line easement for Camden Place I Development located at West Grand Avenue, between South Acoma and South Delaware Streets. City Manager's Report.-YfJ.IA.-a~~~ ~-i/0"-~~ u fU-4~ General Discussion. (a) Mayor'sChoic. (b) Counc i l Member's 15. Adjournment. /I I, 1")_1/:1 (_ f/l~'d£ //rt: t"ll.. AND ~ C COWN Cit Manager AM/sb I • • • • - AGENDA ITEM -----PRESENTED BY -------- ) /(rei r filf ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday )...-- Ne al ~ Vobe1da ;.- Weist t - Bllo v- Bradshaw J.- Otis y- MOTION: I • • • • / AGENDA ITEM~ {~ Moved Seconded Hlgday Neal Vobe1da Weist J -Bllo ~,_,.. Bradshaw Otis MOTION: ROLL CALL • • - PRE S ENTED BY -------- Ayes Nay Absent Abstain - - - I • • • • • - AGENDA ITEM (.p ~ PRESENTED BY ------ )J ~0 (Q. [«; "f u \V/)l.l-' __u ,.t' J;v.d-;; ', )> ~ [; {;___ I 1U-h. A. L I . ~ J L ~ (;z~> tU-(1 <t ,-, k -;6 -6 " fk__ "~ o '1L 75 Jik jl~~~ 7r2u.1 J-}7 ¥-J...b'-" t:<._,U~/Y (d?_ L71 aU tl-'~~uu /.t -Gj --.. & d./ t C tLl >icJI n /W-r P/W v , c ,~ .;;;_p ROLL CALL Moved Se conded A yes Nay Absent Abstain Hlqday Neal Vobe1da We i s t BITo Bradshaw Oti s MOTION: • • I . • • - AGENDA ITEM 0 b . PRESENTED BY ------ -fqtll ru..~t1-i'c /. _ r. h , ....f.. r; I. • . .-t 4'L ~..u_..,!....../ o~ o . L r /1./wv--........ .._ /IJ.--" p "'fi-(J o .1; /1) a_ .Lt.-<..1Li4 C~.hu....__ ~A."'-~ I -__~.-aE-;.___~.,__L__, -/1.4; I) 1) . --. . -~-,Jaj-.c.J.__U~ .-CAV --.;U.~ k -.1 6 , 5 oo ~J, Av a~ ~f' /1 (,. -(!.-o--R.l.Lc.i..tA~ ~ U -a..R_ I• d' u~J • ft~ 7. ILo -#,), 4-o o p HIQday Neal Vobe1da Wei s t J,..--Bi lo Bradshaw Otis MOTION : ~~ -n1 \..pUw t XU< c/-c. a ciA-A-/ d~ -6 [,u1 • I . • • - AGEND A ITEM ----P RE S ENTED BY ------ ~4-L'"MJ P. u ;L~-a.J;<4- ROLL CALL Moved Seconded Ayes N~y Absent Abstain t1 tg aay Neal Vobe1da Weist Bllo Bradshaw Otis MCYI'ION: I . . • • • • - AGENDA >TOOM q t<_ t P RES ENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H~ay ,...-Neal Vo~da f -We_!_st _1 Bi lo .1 ...~:::':_ Bradshaw _j Oti s I MOTION: ~ ()~ (//7,fV...__ I • • • • • • • AGENDA ITEM ;' ~cl--. PRESE NTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTgday Neal -Vobe1da -We I s t I v Bllo I v Bradshaw 1 Otis I MOTION: ~ I • • • • • • - . //'-ti..... C~U- S I- AGENDA ITEM -----PRESE NTED BY /17 ( (!_{)./JJ(._ - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Nea_! Vo~da -We~s t J __B_i lo 1 _L.~ Bradshaw I Otis I MOTION: I . • c;f.~ • • • • - AGENDA ITEM -----PRESENTED BY -------- ) ROll CAll Moved Seconded Ayes Nay Absent Abstain _I!IJICl~ . Neal Vobe1da Weist J y Bllo _j_ ~ Bradshaw _j Otis M<YriON: I • • • • • - AGENDA ITEM //cJ--PRESEN'l'ED BY~ ~ /)2(}. 'f/~ ROLL CALL Moved Seconded Abstain ~ --Nea_!_ ·-Vob~da -\ole_l_s t _L v-Bllo .1 ~ Bradshaw _l Otis I I • MOTION: 0-.;r~t'Y!J • • • • • - AGENDA ITEM I /h PRES E NTED B Y .A . ~lf?trx tl x <f ROLL CALL Moved Seconded HlgOay v-Neal Vobe1da Wei s t Bllo v Bradshaw Otis MariON: c lc3 il 41 (}..4. 1 : 3V tAt Ayes Nay Absent Abstain - I I I I • • • - AGEND A ITEM II~ PRESE NT ED BY ROll CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v Neal Vobe1da -Weist j 811o I v Bradshaw I Otis I MOTION: I • • • • • - AGENDA ITEM I I ct._ PRESENTED BY ) ROLL CALL Moved Seconded Ayes Nay Absent Ab!otaln Hlgday -Neal Vobe1da p Wei s t I t-Bl lo 7 Bradshaw T Otis I MOTION: 1~'0.~<.> II ~4 I • • • • • AGENDA ITEM 1/e:-( /! PRESE NTED BY _.__ ____ · _J_J_!.L_..f_ ROll CAll Moved Seconded Ayes Nay Absent Absta 1 n HIQOay ' Neal - Vobe1da ,_ Wei s t I v-Bllo Bradshaw Otis I I • • • • - ' -II) 1\ _Jl_ -u.Y /: 3 AGENDA ITEM ----PRESENTED BY ------ &j!fu (_~ ·D-o If (t Y) /JoA ~ 1~/LJ ' /7 ..( _ _.Y () G Moved Seconded Ayes Nay Absent Abstain ~lgday Neal Vobtnda Weist Bllo Bradshaw Otis MOTION: I . . • • • • - PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn Hlgday Neal Vobe1da Weist y-Bllo v Bradshaw Otis MOTION: (!, /3# ~I I • • • • • • • AGENDA ITEM ----PRESENTED BY ))]c_ ( ~2L ~ '1' {) /i /~ a...lU_A~.~, (J )Zv .iJ ~~ ~ ~ ·~ . ~~,?~~~~z~~ -J )\ti(J''t G. t ~ 1--Z ~Lu_~~ C!A~~ ~ W Y)L.Lo /:)V~~It a!AAu /Jc u--'6~-.J '-U.. /!vf $C' {( «J.R_ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Mlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: • , I . . • - • - AGENDA ITEM ----PRESENTED BY ------- aL -h1~ '(f (n tti.J " ~~(.4~ --J-d__o I'Y'--<.J.... l~c~ CJ.-?'tf-<-~ (])/_.v .,__-1~ ~w--rJ _._~ &._Jl-o A _.ku._ t.. ~uJ'.. ~ --yn c w~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobc1da Weist Bllo Bradshaw Otis MOTION: I . . • • ( • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado May 20, 1985 The City Council of the City of Englewood, Arapahoe Cou nty, Colorado, met in regular session on May 20, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of allegiance was led by Boy Scout Troops tll5 and fl54. Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal, Vobejda, Bilo, Bradsh aw , Otis . Absent: Council Member Weist. The Mayor declared a quorum present. • • • • • • • Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen Director of Finance Higbee Assistant Director of Community Development (Planning) D . Romans D puty City Clerk Owen • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTE S OF THE SPECIAL MEETING OF APRIL 22, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Silo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • • • * • * * I • • • • • • • - May 20, 1985 Pag 2 COUNCIL MEMBER VOBE JD A MOVED TO APPROVE THE MINUTES OF THE REGULAR MEET ING OF MAY 6, 1985 . Council Member Higday seconded the motion. The following changes were noted: on page 5, line 4 insert "t" between "s" and "r" in the word "disrict;" on page 5 "Derring ton " replaces "Oe aringto n;" on page 6 "Tourtlelot" replaces "Turtleno t ;" on page 10 "Francis Chaput" replaces "Frank Schapew;" and on pag e 13 "Hanifen" replaces "Han ifem ." Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Ne al , Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried . * * • * • * * Pr e-scheduled visitor Mrs. Tate, 2798 South Emerson Street, was not present. COUNCIL MEMBER NEAL MOVED TO RECEIVE THE LETTER FROM MR. AND MRS. TATE CONCERNING PAVING DISTRICT NO. 30. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resul ed as follows: Ayes: Nays: Abs ent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried . * * • * * * * Pre-sch eduled visitor Mrs. Thursia Pfeifer , representing the Jaycees was not present. • * • * * * * I • • - • • ( • May 20, 1985 Page 3 • • • Council presented to Dorothy Romans, Assistant Director of Community Development, a framing of a newspaper article wri tten abou her career accomplishments. Mrs. Romans was pleasantly surprised and thanked Council for this recognition . * * * * * * * "Consent Agenda Items" on the agenda were: (a) (b) (c) (d) (e) ( () (g) (h) ( i ) Minu tes of the Downtown Developmen Au hority mee ing of April 10, 1985 . Minutes of the Board of Adjustment and App eals meeting of Apr il 10, 1985. Minutes of he Parks and Recreation Commission mee ing of April 11, 1985. Minutes of the Planning and Zoning Commission meeting of April 16, 1985 . Minu s of the Liquor License Autho ri y meeting of April 24, 1985 . Ordinance on final reading amending an ordinance wh ich was adopted Mar ch 4, 1985, to approve a permit agreement for the City and Coun y of Denver to ins all and maintain a 30" conduit on West Bell eview Avenue . Ordinance on final reading approving he vac tion of the righ -of-way located a Wes Warren Avenu e nd South Pecos Stree , that a utility easemen be gran ed for the vacated portion of Wes Warr e n Avenue, and that suffici nt private property be dedicated for th construction of cul-de-sac on West Warr n Av ~nue and South Rarita n Street • Ordinance on Final reading amending sections of he Englewood Municipal Code relative to Offenses Rela ing To Property in order to make the Engl e wo od Municipal Code consistent with a rec ntly enacted St e Statute. Ordinance on final reading creating P ving Dis ric No. 30. • I • • • • • .. May 20, 1985 Pag 4 MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT AND APPR OVE ONS ENT AGENDA ITEMS 9(A ) -9(I). Council Member Bilo seconded h mo ton. Upon a call of th e roll , h vo e r es ul d as follows: of 1985; numbered Ordinanc Ay es : Nays: Abs nt: Council Memb rs Higday, Neal, Vobe jda , Bt lo , Br ad sh w, 0 is . None. Council Member W is • The Mayor d clared the motion carried. Consent Ag enda Item 9(f) was numbered Ordinance No. 2 7 , Series 9(g) was numbered Ordinance No. 28, Series of 1985; 9(h ) was Ordinance No. 29, Series of 1985; and 9(i) was numbered No. 30 , Seri es of 1985. • • • • * • * Director of Finance Higbee presented a recommendation to enter into contract negotiations for word processing equipment wi th Hewlett Packard. MAYOR PRO TEM BRADSHAW MOVED TO AUTHORIZE THE CITY TO NEGOTIATE A CONTRACT FOR PURCHASE OF A WORD PROCESSING SYSTEM FROM HEWLETT PACKAGE COMPANY AT A COST NOT TO EXCEED $88,515. Council Me mb r Higday seconded the motion. Upon a c 11 of the roll, the vote resulted as follow s : Ayes: Council Members Higday, Ne al , Vob ejda , Bilo, Br dshaw, Otis . Nays: Non . Abs en Counc1l M mb r W ist . Th Mayor decl r d he motion carried • • * * • * • Counctl cknowledg d h t Mrs. Ta had arrived . COUNCIL MEM BER BILO MOVE D TO ALLOW MR S . TATE TO SPEAK. M mber Vob jd seconded he mo ion . Upo n call of the roll, r sul ed as follows: Council he vo Ay s : Council Me mb ers Higday, Neal, Vob ejda , Bilo, Bradshaw, 0 is • ) I • ....... • May 20, 1985 p 9 Nays: AbsPn • • .. Non • Council Member Weist. Th Mayor declared he motion carried . Mayor 0 is and City Attorney Olsen explained to Mrs. Tate that commen s or evidence involving Paving District No. 30 had been received at the public h ari ng and any comments that she would present a this meeting could not be given the same consideration since they would be delivered outside and after the hearing. Council did ac know ledge receipt of Mr. and Mrs. Tate's le ter as noted earlier in the meeting. minimal. Mrs. Tate favored keeping the street narrow because traffic was ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR * COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY TO TRANSFER THE CITY'S INTEREST IN THE DEED AND AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND KRAVCO, INC. EAST OF ELATI STREET TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 38 , SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bi le , Bradshaw, Otis. Non • Council Member We ist . The Mayor declared the motion carried . * * BY AUTHORITY ORDINANCE NO • COUNCIL BILL NO. 37 , I • • • May 20 , 1985 Page 6 SERIES OF 1985 A BILL FOR • • .. INTRODU CED BY COUNCIL MEMBER BILO AN ORDINANCE ADOPTING THE ''ENGLEWOOD MUNICIPAL CODE 1985 " IN CORPO RATING THEREIN THE GENERAL ORDINANCES OF THE CIT Y OF ENGLEWOOD; PR OVI DI NG FOR THE REPEAL OF ALL ORDINANCES OF A GE NERAL AND PERMANENT NATURE NOT INCLUDED TllEREIN, SAVE AND EXCEPT SUCH ORDINANCES PAR TICU LAR LY SPECIFIED AS EXCEPTE D FRO M SUCH REPEAL; PROVIDING FOR PENALTIES FO R VIOLATION OF TH E PROVI SIONS OF SAID CODE AND SETTING FORTH THE PENALTIES PROVI DED FOR IN SAID CODE; PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVI DING FOR THE EFFECTIVE DATE OF SAID CODE. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 37 , SERIES OF 1985 , ON FIRST READING AND TO SET A PUBLIC HEARING AN D A SPECI AL MEETING FOR JUNE 10 , 1985. Council Memb r Vobejda seconded the motion . MAY OR PRO TEM BRADSHAW AMENDED THE MOTION TO HOLD THE PUBLIC HEAR I NG AN D SPECIAL MEETING FOR JUNE 10 , 1985 , AT 5:30 P.M. Council Me mb er Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ay es : Nays : Abs nt: Cou ncil Membe rs Higday, Neal, Vob ejda , Bilo, Bradsh w, Otis. None. Council Mem b er Weist . The Mayor declared he amendmen carried . Upon a c 11 of the roll , he vote on the orig i nal motion resulted as follows: Ayes: Nays : Abs nt: Council Members Higday, Neal, Vobe jda , Bilo, Br dshaw , o is. None. Council Memb r Weist. The Mayor declared h mo ion carried . RESOLUTION NO. 21 SERIES OF 1985 • * * • * * • I • • • May 20, 1985 Page 7 • • • A RESOLUTION APPROVING SUPPLEMENT TO PERMIT NO. (CS 8224) BETWEEN TilE CITY OF ENGLEWOOD AND BURLINGTON NORTHERN RAILROAD COMP ANY FOR REIIABIL!TATION OF THE WEST HARVARD GULCH STORM SEWER OUTFALL BETWEEN SOUTH RARITAN STREET AND THE SOUTH PLATTE RIVER OUTLET STRUCTURE AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO . 21, SERIES OF 1985. Council Member Vobejda second d the motion. Upon a call of the roll , h vote resul ed as follows: Ayes: Nays: Abs ent : Council Members Higday, Neal , Vob ejda , Bilo, Bradsh w, 0 is . None. Council Member Weis . Th Mayor declared he motion carried . * * * • • * * Steve Bell had not arrived at this point in h meeting o discuss awarding the con rae for the purchase of general obliga ion water refunding bonds and u horizing he issuance of s a m . Council moved on o he nex ag nda em . ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO . 35 INTRODUCED BY COUN IL MEMB ER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTH SUBURBAN METROP OLITA N RECREATION AND PARK DISTRICT , AND SOUTH SUBURBAN PARK FOUNDATION TO CONSTRUCT A HJKE /BIKE TRAIL FROM THE NORTH BOUNDARY OF ENGLEWOOD GOLF COURSE TO WEST OXFORD AVENUE AND REPEALING ORDINANCE NO . 20, SERIES OF 198 5 . MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO . 35 , SERIES OF 1985, ON FIRST READING. Council Member Bilo second ed he mo ion . Upon a call of th roll, th vot resulted as follows : Ay es : Council M mbers Higd y, Neal, Vob jda , Bilo, Br dshaw , 0 is • I • • • May 20, 1985 Pag 8 Nays: Absent: • • - Non • Council Member Weist . The Mayor declared h mo ion carried . ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * • • COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING GRANT OF A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY THROUGH THE ENGLEWOOD MUNICIPAL GOLF COURSE PARKING LOT ON SOUTH CLAY STREET FOR GAS LINE PURPOSES. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1985 , ON FIRST READING . Mayor Pro Tern Bradshaw seconded the motion. Upon a call of th roll, the vote resul ed as follows: Ayes: Nays : Absen Council M mbers Higday, Neal , Vob jda , Bilo, Bradshaw, 0 is . None. Council M mber Weis . The M yor decl red the motion carri d • RESOLUTION NO. 22 SERIES OF 1985 • • • • • • • A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESSMENT BONDS, OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO . 3 0 , IN THE PRINCIPAL AMOUNT OF $856,000 AND PROVIDING FOR THE PUBLICATION AND MAILING OF THE NOTICE. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1985. Council Member Vobejda second d he motion. Upon a c n ll of he roll, th vote resulted as follows: Ayes: Council Members Higday, N al, Vobejda, Bilo, Bradshaw, Otis . I • • ( • • M y 20, 1985 Pag 9 Na ys: l\b se nt: • • - Non e . Council Memb er Weist. Th e Mayor declared the motion carried . • • • • • • • Dis c u ss ion began concerning the award of con r ae for purchase of gen ~r l obliga ion refunding water bonds and the au horiza ion to issu e th bonds . Ml\YOR PRO TEM BRADSHAW MOVED THl\T THE EXCEPTION OF $100 ,000 OR MORE IN Sl\VINGS WOULD STOP THE IMPLEMENTATION OF THE RESOLUTION AND ORDINl\NCE CONCERNING THE BOND ISSUANCE. Council Member Vobe jda seconded the mo io n. Upon a call of he roll, the vo e result d as follows: r.y es : Nays: Abs ent : Council Members Higd ay , Neal , Vobe j da, Bi lo , Bradshaw, Otis. Non . Cou n cil Member Weis . Th Mayor decl r d he mo i on c rri d . RESOLUTI ON NO. 2 3 SERIES OF 1985 A RESOLUTI ON AWARDING THE CO NTRA CT FOR TH E PURCHASE OF GENERAL OBLIGATION WATER REF UNDING BONDS, SERIES 1985 , OF THE CIT Y OF ENGLEWO OD , CO LORADO, IN THE PRINCIPAL AMO UNT OF $5 ,1 80 ,0 00 . MAYOR PRO TEM BRADSHAW MOVED TO PAS S RESOLUT IO N NO. 2 , SERIES OF 1985. Council Member Hi gd y second d h mo io n. Af fur her discussion , Council d cided o r c ss un il seve Bell from Hanif n , Imhof arriv d wi h compl e i nf orma ion on he bond issue . Council r cessed a 8:30 p .m. and reconven d a 8:45 p .m. when Mr. B 11 arrived . Mayor 0 is sked for roll c 11. Upon a call of he roll, the following wer e pr s n : Council M mbers Higd a y, Neal, Vobe jda , Bilo, Br adsha w, Otis • Ab sent : Council Memb r Weis . Th Ma yo r d ec l a red a quorum presen • I • • • May 20 , 198~ Page l 0 • • • St ve Bell discuss d the results of the bond bid op ning held earliPr on this da for the g neral obligation wat er r fund1ng bonds. Mr. B I I st~ ed United Bank of Denver was the lo wes bidd r a an int r•st r~ e of 7 .70058% for net savings to the C1 y of $227 ,852.44. Mr. B I 1 not ed the results would increase the principal amoun from $5 ,1 80 ,0 00 to $5 , 25 ,000 and he provided information to appropria ely reflect the principal amount , interest rat es , a nd a ward in th r esolution a nd cou ncil bill documents. RESOLUTION NO. 23 SERIES OF 1985 A RESOLUTION AWARDING THE CONTR ACT FOR THE PURCHASE OF GENERAL OBLIG ATI ON WA TER REFUNDING BONDS , SERIES 1985 , OF THE CITY OF ENGLEWO OD , COLORADO , IN THE PRINCIPAL AMOUNT OF $5 ,325 ,0 00 . MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 23 , SERIES OF 1985 WITH THE INFORMATION SUBMITTED BY MR. BELL. Council M mber Vobe jda seconded he mo ion. Upon a call of the roll, he vo e resul ed as follows: Ayes: Nays : Ab sent: Council Members Higday, Neal , Vobe jd , Bilo, Br dsh w, o is. Non . Council M mb r Weist . The Mayor declared h mo ion carried . ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUN IL MEMBER BRADSHAW AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE lTY OF ENGLEWOOD, COLORADO , AND UPON THE CREDIT THEREOF BY ISSUING GElERAL OBLIGATION WATER REFUNDING BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $5,325 ,000 FOR THE PURPOSE OF REFUNDING OUTSTANDING INDEBTEDNESS OF THE CIT Y; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE LEVY OF AD VALOREM TAXES TO PAY THE SAME; PROVIDING FOR THE PROCEE DS OF THE BONDS TO BE DEPOSITED IN A SEPARATE TRUST ACCOUNT FOR THE PAYMENT OF THE BONDS BEING REFUNDED; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH • • I • • May 20, 1985 Page ll • • - MAYOR PRO TEM BRADSHAW MOV ED TO PASS COUNCIL BILL NO . 3 4, SERIES OF 1985, ON FIRST READING WITH THE INFORMATION FILLED IN AS SUBMITTED BY MR. RELL; AN D TO SET A PUBLIC HEARING FOR THIS ORDINANCE ON MONDAY, JUNE 3 , 1985 AT 7:30 P .M. Cou nc il Member Higday seconded he motion . Upon a call of the roll , the vote r esulted as follows: Aye s : Counci 1 Members Higday , Neal , Vob ejda , Bi le , Bradshaw , Otis . Nays : Non e . Abs e nt: Council Member We ist . The May or declared the mo ion carried. * * * * * * * Council Member Higday requested an ordinance that would requir a new resident of property to install a water usage rate meter . Mr . Hig day asked that th Ci y At to rney's office have the ordinance for r evie w at the next study session . * * * • * • * Council M mb r N al requ sted h draf ing of an ord i nance concerning r esti u ion . • * * • * • Ther e was no further business o be discussed. CO UNCIL MEMBER HIGDAY MOVE D TO ADJOU RN . There b ing no further business , he Mayor declared the mee ing adjourned withou a vote at 9:05 p.m . • I . • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 7, 1985 I. CALL TO ORDER. 9 A The r egular meeting of the City Planning and Zoning Commtssion wa s called to order at 7:00 P.M. by Chairman Venard. Members present: Venard, Allen, Barbre, Beier, Carson, Mc Br ayer, Steel Me mbers absen t : Magnuson , Gourdin Also present: D. A. Romans, As sistant Director of Co mmunit y Dev lopment S . T . King , Senior Planner II. APPROVAL OF MINUTES . April 16, 1985 -- Chairman Ve nard s t ated that t he Minutes of April I6, 1985 were to be considered for approval . Carson moved: Steel seconded: The Minutes of April 16, 1985 b app r ov ed as writt en . AYES: Alle n, Barbre , Beier, Ca rson, Stoel, Venard NAYS: None ABSTAIN: McBr ayer ABSENT : Magnu son, Gourdin The motion carri d. III. CENTENNIAL TRADE CENTER Il Subdivision Plat CASE 119-85 Mr. Venard stated that this matt r is a Publi c Hearing on a pr•limlna r y s ubd ivision plat , nd asked for a motion to open the Public Hearing. Carson ved: Beier sec nd d: The Publi c Hearing on Ca #9-85 b open d. AYES : Barbre, B ler, Carson, McB ra •r , Stoel, Ve nard, Allen NAYS: Non AB STAIN: N ne ABSENT: Magnuson, Gourdin The motion carried. Mr. Venard outlin d the procedure to b• follow din conducting th Pub lic H ring. He st ted that statemen t s from the applicant nd members of th audlenc will be taken , and ask d that persons speaking before th Commi sion come to th podium, and be sworn ln. Mr. V nard asked if the staff h d nything to add to th staff report . • I • - • • • - -2- ~ls. King stated that Mr. Clark, property owner and applicant i s not pres nt, but has designated Mis s Jane Ross as his agent , and Mis s Ross will be making the presentation befor the Commission. Ms . King presented Mr. Venard with a letter from Mr. Clark regarding Mis s Ross 's designation as his agent. Mr. Venard read the letter aloud, and asked that it be made part of the record of the hearing. Mr. Venard asked that Mi ss Ross c ome forward. Mi ss Ja ne Ross was sworn in, and testified hat she is acting on behalf of the applicant. Miss Ross stated that she had nothing further to add to the information that has been submitted to the Commission . Mr. Carson asked if Miss Ro ss and the applicant hav e re ad the staff r e- port a nd the staff r ecommendations. Are th applicant and Miss Ross willing to incorporate th e staff r comm ndatlon s Into the application . Miss Ross stated that she a nd the applicant have read the staff r per , and wil l amend the plan to in co rp o r ate the staff recommendations . Mr. McBrayer asked the typ es o f busines es that a re proposed for the de- velopment. Mi ss Ross s tated that there will b e ight businesses in the complex, one of whi ch will be leas ing appro xim ately one-half of the s pace; this busin ss is concerned wlch mnnufa cure of parts for hea rt a nd kidney machines. One buJlding wi ll belong t o the dev lope r, and the remaind e r will be leased and/or sold co bu s inesses . Mr. Venard noted that s me prob lem on drainage had been mentione d in the staff report. Mis s Ro ss Ht a t ed the probl m i s the drainage into th lake : the City wants th dev loper to e nlarRe th e detention pond on hJs site to inhibit the drainage i nt o the lak . Miss Ross sta e d that plans for he enlarged d tention pond will b submitt ed t o t h Departmen Mr. Venard asked if anyone e lse In the audien e wi s hed to speak in fa vor of the propos d subdivi s i o n plat . No o ne e lse spoke in favo r of the pro- posed subdivision . Mr. Venard as ked lf anyone wished to speak in opposi- tion to the proposed u division. No one spok e in opposition. Allen mov ed : Stoel/B ier seconded: The Public H n rlng o n Cas 09-85 be l osed . Mr. Go urdin ente r ed the meeting. The vote on th moti on w s called: AYES: Beie r, Cnrson, McBray r, Steel , Venard , Allen, Barb r e, Gourdln NAYS: None ABSTAIN: Non ABSENT: Magnu so n The motion c rried. Mr. Venard announced that netic s to ad joining proper t y owners w r s nt by Certified Mail. Mr. Venard outlined the courses of action open to the Commission on the preliminary subdivision plat, a nd ask d the pleasure of the Commissio n . • I • • • • Carson moved: Stoel seconded: • • • -3- The Planning Commission approve the Preliminary Plat of Cen t ennial Trade Center II; the foll owing fou r recom- mendations are o b in co rporate d in the Final Plat when it ls submjtted fo r Commission r e view : 1) The fire hydrant location on Sheet 2 of 4 s hall b consistent with the slte plan , and fire lanes s h all be posted. 2) The si d e walk along South Clay Street s hall be fou r f ee t wide . 3) Paving design s hall be to Englewood stand ards . 4) Detention s hall be i nc r eased to alleviate the su r- cha rs co nditions . AYES: Ca r son , Courdln, McBrayer , Sto 1 , Venard , Allen , Barbre, Bel r NAYS: Non e ABSTAIN : None ABSENT: Magnu son Th e motion ca rried. IV. FINDINGS OF FACT Cregg Homes , Inc . Subdivision Waiv•r CASE 117-85 Mr. Ve nard s t a ted that the Findings of Fact on the Subdivision Waiv r ap- prove d for Cregg Homes, Inc . are to be co nsidered for approval. Barbre moved : Beie r seconde d: The ftndJngs of Fact on Case #7-85 be app r oved as written. AYES: Gourdin , Stoel, Venard, All n, Barbre, Beier, arson NAYS: None ABSTA IN: McBrayer ABSENT: Magnuson The motion carried . V. C MPREHENSlVE ZONING ORDINANCE. Proposed Amendments Mrs. Romans stated that mPmb rs of th Commission would recall hat sh had poll d th m by telephone to discu~s th possibility of settln a hearing on May 14 to consJder amendments to several sections of the Compr hensive Zo ning Ordinance. One of th propo ed am ndment s would conce rn the regul - tiona in the B-2 Zone District on th automotive sales lots. At h 1 st Comrulssion me ting on April 16 , following a discussion of cenain concerns of the City Co un cil, it was moved by Nr . Stoel that all uses p rt lning to vehicl s should be made a Conditional Use in he B-2 Zone OlstrJct, which motion was adopt d. There were several other i su s that arose following I • • • • • - -4- initial review by th City Council of other districts and sections of the Ordinance, which are proposed to be amended, and it was the opin1on of staff and counsel that a hearing before the Commission s hould be scheduled to consider these issues before they were transmitt e d to City Council. This public he aring before the Commission has been schedul d for May 14 at 7:00 P.M. in the City Co un cil Chambers. The Commission members we re sent copies of the proposed amendments, and Mrs. Romans asked if the Com- missi on wanted to review the proposed c hanges point-by-point, o r to ask questions on oncerns they may have. Mr. Gourdin asked wh y barb rs, beauticians and cosmetologists ar pro- hibited from operating from th f r homes in the R-3 Zone District. Mrs. Romans stated that this has bee n a practi ce for many years, a nd is primarily related to health fa ctors; no separate facilities are p r·mi tted in a home occupation, and kitch n faciliites ma y not be used for th washing of hair, etc. By putting in the s parat sink and facilities to accommodate the "home occupation", it is getting away from the int nt that a hom oc- cupation is incidental to the primary use of the residenc , and is b - coming a "business " --not a home occupation. Mr. Olsen entered the me ting at 7:20P.M. Mr. Beier asked if there wer a number of such "home occupations" op rating out of the hom . Mrs. Romans stated that there are not, to her kn ow ledge. Mr. Gourdin stated that cosm tologi sts are registered by the State Health Department, and are li censed. If they meet the o ther criteria for o h ome occupation, su ha s squa re fo tag , etc ., why can thi s operation not b approved as a hom cup ation in th R-!listric s, or eve n in the R-2 or R-1 Districts. Mrs. Romans discussed the prohibition of this type of busin ss as a home occupation. Mr. Beier asked f o r cloriflcatlon of the t rm "devplopment plan". ~Irs. Romans stated that th e requirement of a development plan on some types of developm nt will giv a d•grec of co ntrol on the ocation of the structures, parking, ace ss, tc. Mrs. R man s ci ted difficult situati ons that have ari en wi h larg developments wh r ein no development plan was r quired, and the ultimate lo atio n of th building is not in the best interest of th • surrounding neighborhood, but b ,,use no development plan was required, the developer could site the building on he lot as h chose. Mrs. Roman pointed out that n d v lopment plan would require • public hearing befor the Commission , which would afford adjoining property own rs an pportunity to view th development pl ns and voice th ir op inions. Mrs. Rom ns cit done area wh r redevelopment may occur; this is in .n or that is currently ?oned for single-family, but lhP redev Joper will not be int r sted in s fngl -f rnily red v lopment. Irs. R mans dl cuss d th concern xpr sscd by the ity Council about rezonlngs involvin single- family ar s, and point •d out that U an application f r rezoning is filed, and sp ific pl ns are cited , a d v lopm nt plan would b required. Following approval of that d velopment pi n and its subs qu nt recording, the property own •r /d v lop r would have to comply with th t approved plan. This would gfv n tic tn the adjoining prop rty owners of th I fie type of d v lopmt•nt or u e that is propos d for a subje t sit and would giv the City Council better control over proposed dev lopm•nt . • I • • r • • • • -5- Mr. Go urdin as ke d why mobile home parks we r e included in the industrial distri ct as a pe rmi tted use . Mrs . Roma ns sta t ed that un til rece n tly, mo bi l e home parks we re not a pe rm it t ed use in any zone distr ict in Engle- wood. WH ERE , a grou p o f mob i le home own e r s/r esiden ts a l ong So u th Santa Fe Drive a nd Da rtmo uth Ave nue, h as fo rm ed a co-op for t he mobile home park re s ide nts in t he a r ea . Sa n ta Fe Dr i ve i s to be wid ened , and th Stat e c ould no t r elocate th ese reside n ts. The residents indicated th y wan ted to r e ma in in t h is area , a nd asked t he City fo r assistance in im- proving t he ir mobi l ho me pa r ks . I n order to secure fi na nci ng , they asked that mobile hom e pa rks b e ma de a pe rm i tted use i n the l i g h t industrial dis- trict, which t he Pla nning Co mm ission r ecomm e nd e d t o t he City Co uncil , and the City Coun c il ultimately appro ve d. Mr. Gourdin e xpressed concern abo u t the high noise lev ls along Santa Fe a nd th e i nd ust ri al a r ea , a nd t he effects this noise level would have on famil ies and c hi ld ren residing in the mobile home parks . H asked if the n o i s e l e v e l f r om adjoi n i ng busi nesses can be control l ed . Mr s . Romans state d that t he Ci ty does h a ve a n oise cont r ol ordinance , enfor ced by the Po l i ce Dep artm n t. This no i se control ordinance applies to the entire City . Furthe r discussion ensued. Mr. Mc Br aye r poin ted out that City and p l ead d to remain in th e mo bile hom parks. Th y du str i al zon diatric . Th o f th e a r Mr . v s t all awa r e barriers th at th Mr . t h was exp people, ~JERE , cam to th e for assistance in improving to b com a perm! ted use in th in- pli d with the wishes of the r sidents . ound b rriers wi ll be in- stated th at h is noise l ev 1, and a woo de n bar r ie r . prapo d change of signag in c t<d that this am ndm en problems that have b en Mr. Sto 1 Rl ted th t la t m tin , he did make a motion th t all auto-rel t d us b C nd!tlonal r <• In the B-2 Zo ne District; howPv r, h is of the op ini on th t tht' propob d r t rf lions will not a chi ev what he want d , nd will driv peoplE' out ol bu iness. Mr. StOl'l tated tha he wanted to a s t of guidelin s dev loped , nd that approval f r th us d/n w car ales lots would b iven on a one-to-one basis I cr applying to the COI!IIIIissi n. lr. Sto>l stated that he is no in favor of making th regulati o ns r troacti ve s [, p r pos d. II 1 s further of the opinion that som of the propos d rrgulations and retitrictions ar ambiguous. Mrs. Romans stated that <>aC"h regulation or r striction contained ln th proposal addresses a specific problem th t has been noted in the xi ting new or used car lots along Broadway. Th se re ulations were dr fted by t h e City Attorn 's office foll wing m etings with m mbers of th • Cl ty Counci l and staff. Hr. Stoel stated that h felt i a us d car deal r wanted to install a c h ain-link fence along his property, h should have that right. Mr . • I • • - • • - -6- Gou ·rdin asked what need there is for chain-11.nk and barbed wire fencing; has the EPD been contacted to determine the number of thefts from vehi c l s on th e lots. Mr. Allen asked how the installation of landscaping and lighting would p ut these used car dealers out of business. Mr. Allen noted that other businesses ar required to Install lands aping and to make o th•r improve- ments on t h e property; he asked why the car dealerships should be exempt f rom these same provisions. Mr. Stoel stated that his concern is for the car lots that a r e in existence at the present time. Mr. All n stated that he is in favor of giving them time to make the modifications , and felt th at un til 7/1/87 wa s a reason able amount of time to comply with the ordinance. Hr. Barbre sugg sted that compliance should be required when the car lot changed ownership. Mr. Barbre pointed out that there re some smaller lots along Broadway that might have spa e for two v hie] s if they were required to p rovide th driving lanes , employee/custom r parking, etc. that is requJr d in the propos d regulatio ns. Mr. McBra yer noted that the cost of real estate on Broadway at the present time seems to b condu lve t o putting Ln small ar lots vs. constru tlng new office buildings. Mr. Carson stated that h sees no problem with the car lots, but wants to clean up the City as much as possible. He does see a problem with putting people out of busin ss. Mr. Stoel stated hat he did not llke to ec lots wh rp vehi c les are parked all over nd across sid walks; if these lots ar creating probl ms, he f els the y should have to com before the Commission on a on e-to-on basis. H does not w nt to s e n lot of rules and regulations enact d for one specific type of business. Mr. Allen pointed out the need for rules a nd regulations in order to deal with the ar lots even o n a o ne-to-one basi s. Mrs. Romans ask d the renclion of th Commission if the "grandfath r" claus was eliminated, and it was word d that th c r lot would have to b brought into comp Hance when the bus! ness changed hand s ; would thi s be more acceptable. Mr. McBray•r stated that he would like it b t cr. Mr. Barbr asked if all th e exist lnl\ ar lots were d vel oped und r the• xisting laws. ~Ir s . Romans stated tha ther • ar not r ea lly any City 1 w govern1ng the s 11' of new and used vehicles. Th y have not had to provide parkinl\ for ustom rs or for employe s ; they do not have o pro- vide a driving lan • f rem rgency vehicles. Further discussion ensu d. Mr. Beier sugg sted that the enactm nt of thes rules and regulations might force prop rty owners nd tenants to adopt th highest and bes use of the land; th high st ~nd b st us of the land might be an of- fice building rath r than usc as a car sal s lot. Mr. Sto 1 stat d that he agreed the Issue needs to be addressed, but suggested that the regulations and r strlctJons proposed are "a little much." Mr. Venard sugg sted on Item g, Page 5 f a summary, th t th wording be chang d to " ither bump r" r tht'r th n "bump rs". H did not fe 1 • I • • ( • • • - -7- the present wording eliminated the 4 5• angle of some display vehi cles . The issue of fenci ng was again discussed . Mr. Gourdin stated that he does not feel it is aesthetically pleasing t o see ba rb ed wire atop a c hai n-link fence . He would prefe r no fencing along ca r lots. Mr. Stoel s uggested that perhaps insurance compa nie s are r eq uiring that h lots be fe n ced. The r e was no furth r discussion; th proposed am ndment s wil l be considered a t Pub lic Hear i ng o n May 14. VI . PUBLI C FO RUM. Th e r e was no one to address the Commission und r Public Fo rum. VII . DIRECTOR'S CHOIC E. Mr s . Roma ns stated that the City Council , at their me et ing of May 6, 1 985 , a pproved th admjni s trative and general r egu latio n s sectio ns of th e Compre he n sive Zoning Or dinan ce ; also the R-1 and R-2 residential section s a nd other sections not previo usly approved by Co un ci l. The ord i n a nce will become final 30 days after publi ca tio n. City Co un cil approved th e reque s t for rezoning of 3511 So uth D wnlng Street , wh ich was filed by Mr. James Plumm r, to accommodate a parking lot fo r Fr ate l li's Restaurant . Th e City Co uncil approved the Wa rre n/Pecos ri h t-of -way vacation. Mrs. Romans stated that sh wa s 1 vlng for Philadel phi a , PA. on May 8 to attend a Land Use Law session . If memb e rs of th e Commission had any ques tions on Planning matte r s , th y were requested to ca ll Susan King , Se nior Plann r. VIII . COMMISSION'S CHOlCE. Mr. Allen stated th t he wanted to me with Mr. Ca r son and Mr. Gourdin af t er th IIIC' t1ng to discuss the i ssu(• of trash. Mr. McBrayer r portt•d on th APA C nference in Montreal, which he at- t e nded. H tated th t h was impr ssed with the vibrant downtown Jr('u, and that s hop ping "mall " ar unfamlli r to the people of I ntreal. lr. McBra y r stnt•d that he did notl e a lack of greenery Ln th City Ce nter. Mr. McBray r reported on issues dis ussed at th Confere n c itself, such as th effi i n y of th professional staff and staff su pport of the Planning Commission; it is a h althy process to discuss to co nsensus on an issue aft r a Hearing ls clos d, even though members of the udienc may b waiting for a decision; there should be a provision in by-1 ws of the Commi sion fo r submission of a "minority report" lf so desired; this should b includ d with th "Findin gs of Fact" o n ach casE>. Clth r i ss ues that wer discussed in luded matters such as: Planning Commi sloners should hav input into th hlring and flring o[ staff; th Plannin Com- mission may call public he ring for any r ason, at any tim if members • I • • • • - -8- feel that something they are promoting is not getting sufficient attention from the proper people; Bonus Densities must be given only for the benefit of the public, and not for the benefit of a developer; use of the "move to consent" after something has been discussed at length in a study session and agreement has been reached; requirement of rezoning/planned develop- ments when a specific "plan" is cited as reason for a rezoning; use of special limitations clause which applicants can use to "limit" the develop- ment they propose for a site --this would operate much the same as a restrictive co venant; some governmental agencies are allowing effects of an operation on one property to extend onto an adjoini ng property -- such as crop spraying --this extension is allowed for a given di s tanc e , and could also apply to issues of odors, noise, tc . Hr. McBrayer stated that he attended a workshop in elementary law ; the Planning Commis s ion is an advisory body, and is pretty free to make recommendations to try to steer the course of the city for the future. Hr . McBrayer stated that the trip was very enjoyable , and he expressed his appreciation to the Commission for approving his attendance. Mr. Beier noted that some time ago , approval was given to a "car polis hing- refinishing" use on South Broadw ay ; it appears that noth ing is happening on the site , and asked whether the staff had further information on this proposed use. Ms. King stated that she understood the applicants had found the Building Code requirements to be more than were financially feasible, and hav dropped their plans for use of the property. Mr. B ier asked what happened to the approval given by the Commission . Mrs. Romans suggested that something be recorded with the Coun ty which would nullif y the Commission action. Mr. Venard asked if a time frame is a part of Conditional Use approval . Mrs. Romans stated that no time frame was con- sidered on this use. Mr. Stoel suggested that any other automotive us of the property would have to go through the same process b fore the Com- mission. Mrs. Romans agreed . The meeting adjourned at 8:40 P. M. • I . • • • - CITY OF ENGLEWOOD PLANNING AND ZONING CO MMT SSlON Hay 14 , 1985 I. CALL TO ORDER. 9 A The Special H etinp, of the City Planning and Zo ning Commissio n was call d t o o rd er by Chairman Ven ard at 7:00 p.m. MEMBERS PRESENT: Barbr~. Bei r, Ca r son , Mag nuson, Stoel, Go urdin, Venard. MEMBERS ABSENT: Allen, M Bra y r. ALS O PRES ENT: D. A. Roma ns, Assistant Direc t o r o f Community D v lopm nt. Susan T. King, Senior Planner. II . Jack Ol sen, City Atto r ney. PUBLIC HEARIN G. Pro posed Changes in the Comprehe nsive Zoning Ordinanc Sec tion 16 .4-8 , R-3, Hi gh Densi.ty Resid e nce Distri c t CASE 010-85 Section 16.4-10 , B-1 Business Distric t Se c tio n 16.4-11, Design Gu!d lines for the Rehabilit a tio n of Existing Buildings in the South Br oa dway Incentive Area Se c tion 16.4-12, B-2 Busin ess Distric t Se c tio n 16 .4-13, I-1 Li gh t I ndustri•l Distric t Section 16.4-15 , Planned Developmen t (P.O.) Distric t Section 16 .4-17, Fen ces Rnd Retaini ng Walls Section 16.4-18, Lands ca pe Ordinan ce Carson mov d: Beie r s co nd e d: The Publi c !I nr ln g be o pe ned for Cas 11 10-85. AYES: Ba rbre, B i e r , Carso n, Magn uson, Stoel , Go urdin, Venard. NAYS: None. ABSENT: Alle n, HcB r ay r. ABSTAIN: Non . Th Chai r man stated that he had proo f o f public notic that the proposed c hnn ges we r e publishPd in the Eng lew oo d S ntinel on April 24 , 1985. He sta t ed that th Commission wo uld h a r testimo ny o n each of the Sections 1n o r de r. S c ti on 16 .4-8, R-3 . There we r e no sp nk rs in f vor of o r o pp os d t o this Sec tion. Section 16.4-10, B-1. Ther~ w re no speak rs In favor of o r opposed to this Section. Se ion 1 .4-11, Ocslrn Guid lln s. Th r w r no speak rs in favor of or oppos d to this S c ti<>n. S ction B-2. ~lr . Venard asked 1 th r w. a St ff pres ntation. narrat d slld s show ln p, ~anv o the u ed nd new ca r sales lots in lonr South Broadway In th R-2 Zon 01 rrlct. A slid was also car lot I n an l-1 district , which c. r lot was nnt sc r ee ned f r om the adjacent residential d i str i c t. Mr. Venard aid th. t th e fi r st Section of the 8-:! to b conside red was "c ", P rmitt d Principal U es. Mr. Gr • Thomp on 4528 SouLh BrnJdway-was sworn in forte timonv. H ask d if the uses J i st din th i S ction were th only uses permftt d in th B-2 7.o ne District. rs. Roma ns • I • • • • - -2- said th at a ny use permitted in the B-l wo ul d also b e permitted in this district. No typ e of ca r dealership would be ln c lud d as a Pe r mitt d Use. The Chairman asked if there were any spea kers wh o wished to speak co nce rning Sec tion " " of the proposed Conditional Us Sect i o n. Because her w re many peopl wi shing to address thi s issue, a Si gn-in Sh ee t was used, and t h Chairman ca lled nam es f r om this She Lloyd Dreiling, Kearns Je•p 3247 So uth Broadway -was s wo rn in fo r testimony. He stated that some of th r quirem nt s propos d would affec t wheth e r his business co ul d stay in Englewood . I~ said that h agreed hat som of th co nditions of c ar lots should be c hanged , but the City and th deal rs should work to ge ther to solve those problems. He asked that the Commissi o n think before doing s omething whic h, in his opinion, veryone would re g ret !<It er . He sa i d that his bu s iness has a payro ll of $352 ,000 , with Federal taxes of $28.000 , St ate taxes of $78,000 , unempl oyme nt of $27 ,000, sales taxes of $30 ,000. Tf hi s business is restric t d o n spac e, they would ha v e t o l oo k for a new l oca t ion . Mr. Dreiling o bj e c t d t o the s tb ac k r quirement in front and the r e quir ed grass whi c h would make the g r o und soft. lie stated that many years befo re th ey had gr ass , and p ople would drive across i . Th business needs a fence. Th r e we r e th ef ts and vandalism twi c a week b fore the fen c e was installed, and th f nee lowered th insuranc rates , Bn d saved agg ravation. Mr. Stoel asked if ther were any parts of the proposed c hang es which Mr . Dr iling o uld support. He said th re wer not. In our co untry, people have always b n able t o go in o busin ss by themselves, and this proposal would discourage p op l from s t ar tln businesses . John Se<~go, Goa h Exchange 3131 So uth Braodwa y -was s worn in fo r testimo ny. He said that h e had be n o n that co rner fo r 8 ears in the ca r busin ss. II said he was o pposed o th proposed c han ges . lf he had t o g ive ten feet f r om th e front of the lot a nd f ive f et o n the sld , hi s inventory would b cu t 40%; and, ther fore , his busln ss would b cu t 40%. II hns a fenc around the property, a nd thl s fence has protected hi lot from vandalism a nd th f t. B fo r th fe n c was inst alled , he lo t eleven or tw •lv ca rs, 30 to 0 topp rs, s veral hundred batt rles, ires a nd wh e ls . He call d th Polic Depar t ment many tlm s. Once al l his keys w r stolen; the pollee said they would w tch h lot , but n of his ca rs was stolen. His lnsuranc mpany r quir d th:1t h f nc th prop rty . He t ri ed 42 inch pol s with c hains, but thi~v·s either cut th <hains or d rlve cars ri ght through or ov r th ch ins. He des r!bed sevt•ral th ts that his hu had suffered. He sald that most of th crlm s wer committed bv juvenil s, and v n when they w re caught, no restitution was mnde, nd th cas s w r not pro ecuted. He finally put in a six oot fence , and th th('fts h ve C('as d . H ha an alarm in t h e buildin . H said th t h runs a sm 11 bu in ss , and if his busln ss is c ut 40%, he wlll b out of busin ss. Th polic an not g l ve him the protection h needs without a fenc . Th chang s ~r attacking hi s liv l!hood. There wer no questions from the Commission . Bob Bahn , Vall y Motors 4550 South Braodw y-was s wo r n in for t tlmony. lie stated tha t, in his opin i on , t h proposal t o impos 1 ndscaptnr, inv ntorv nd f n c ing r egu l ations on th car d al rs in En lewood is unfair, anti-busin ss, discriminatory and shows a r estraint of trad He s id that Vall y Motor 1 mod 1 dealership, and has an excellent overal l pp ar nee. II said that th r are b tter plac es t o begi n beautific tion • I • • • • • • -'3- pr ograms , a nd point d ou that in th 3400 block of South Braodway, a fir n building 2~ y a r s ago , and th e siteis st ill waiting for beautlfic~Lion. po int d t o all the u npaved alleys wi th mud ho les and w ds . There are monv a nd businesses whi c h n ed more o tt nti on than ca r dea l e r s hi ps . Soon ther be e no u gh b ea uti f i atio n to driv out all the businesses f r om th City o f Engl wood . li e sa ld that the new r p,ula t ions s ho u ld not be p"ssed. ruin ed lie art~as would Mr . Venard asked I f a n y of the r gulations wo u ld be a ccep t able. Mr. Bohne said th a t some pl a nting wo uld be accep tabl • but the ten feet of prop rty r quir d would be v ry xp nsive, espec ially sine their business had already given up ten feet at th r a r of the lot bec ause o f requirements for loading. They anno afford any mer lie h a s ge raniums planted o n his property , and wo uld be in favor of a tr ee . 11 said he is in favo r of trees and vege tatio n, but n o t wh e n th y interfer with hls livelihood. Th e r e we re no further questions of Mr . Bahn Don O'Bryan, O'Bryan 's Moto rs 4201 South Broadwa y -was swo rn in for t es timony. fie ask d if th plant ln g and setba c ks of ten fe t in fr o nt and f Jv f e t o n the sides w r j u s t s trl r tly for car lots. Mrs . Romans said that this pa rticul a r section of the o r d inance re fe r s only to car business s , but th e r e is a la nds ca pin ~ o rdinan ce that applies t o all busin ss s. Mr. O'Bryan asked if the purpos of,th e proposal was t o hide th e ca r s . H said 30% of his business was dependent on p o ple who drive by the lot seei ng ca r s , .I and coming in to vuy. Mr. Carson said th a t th purp se of th h ea r ing was to listen t o wh a t th d alers think about the matt e r. Mr. O'Bryan said it is absurd to take ten f t from his prop rt y and for him to move all his cars back. There wer no furth r questions of Mr. O'Bryan. John C. Cook, South Broadway 's Best 3150 S uth Broadway -was sworn in for testimony. ll said he mo v ed t o this locatlon in 1975 , nd this prop rty was a major inv stment for him. li e ls now th landl o rd of that lo ation, and coll c ts hl Rh r e nt. Th lo looks good, the buildings a r e nice, and it is maintain dwell. He said no Improvements ned t o be made . lie is parti ularly opposed to the required t n foo t setba k, o ne ca r p r 200 squ r e fe t, and th twelv foot l a nd requirements. He sa i d th at those requirem nt s I.'Ould tak 50% of th display ar a. fli s r n would go down 50%. He cell Ls $30 ,000 r i n r nt. D pa rtme nt s or s and sho stor s have showcas s and displays u In 11 of th ir a rea. Car lo s n ed o us all their ar a for display. His lot will be worth less th.n he p. ld fo r It ten years ago if the r ulations r passed. lit> said that o th r p. r o; of th proposal ar nbj >ct lonabl but thos thr is u s ar his principal obl c ti on . Phil Palm r, W tson Motors 4 267 Sou th Broadwa -was swo rn ln for testimony. Mr. Palmer said that h had testifi d during th hearings for th e Sign Cod , and lost that cas . H said the busin sses ar fighting fo rth ir lives in this mat t r. II had no objection to nature or beautv, but the lots need th ir square foo ag~ to advertis and show their a rs. Ev r y square foot is n e ded . The City t ook away much of th ir adv rtising abil ity with the Si gn Code , and now wants t o regulate th ir inv ntory. li e conside re d this poor management, whi ch would hurt th large busin sses and would d rive th small businesses out of business . lie said most of the sl id es shown arly in the me ting s h w d attractive lots. There ar only a f w whi c h need some r gulations , and th y will b out of business b caus c ustom rs will not go to those lots t o buy. Mr. Palm r said that if th proposa l s a r passed, w will have a colo r -oo rdino t d r ity, and h only things that will survive are th shrub s , not the business s, nd ce rt ainly • I • • • • • - not hls business. There were no questions from th e Commission for Mr. Palmer. Larry Corwin, Credit Mot ors 3232 South Broadway -was sworn in fo r testimony. He sa id that, in his opinion, the proposed c hanges were ill-advised. He said that ca r dealerships bring in p ople t o the City, no t just for ca rs, but also t o Cinderella City and nearby restaurants. lie said most of th car lots look good. He said h e co uld n o t afford to give t n f et for green ry. The lots should be neat, but he and his family, life, work rs, and 2 ,000 people would be affected when th ese business s fail. He said that h agreed that the lots should be cleaned and no cars should be parked on th sidewalk. Many lots in Denver a re smaller. He said that h e thinks the ca r dealerships or being discriminated against and the City is trying to drive them ou of business . Bru ce Cairns, Cairns Conomy Cars 4732 South Broadway -was swo r n in for testimon y . He said that h appreciates th pro cedur which gives opportunity for the dealers to give informati o n. Mr. Cairns said that Englewood and ca r dealers should be working t ogethe r to promote the fact that the ca r dealer st r ips along South Braodway gfv more vari ety of ca r s present d in a good way t ha n any anywh ere else . The Urban Renewal should h lp the l o ts that are not up to standard , and this would h lp all th City. He asked if th re had b en complaints abou t t h e lots. Mrs. Romans , in response to the Commission 's question, said t h at s h e h ad not r ce fved any personally. Mr . Cairns ask •d that this be n oted i n t h e rec o r d. He said that ca r busin ss s , like oth r businesses , are co n ce rned with meeting the payroll. Mr. Venard asked that Mr. Cairns k ep hi s testimony con ce rned with th propos d changes to the Ordinance. Mr. Cairns particularly objected to the ten foo t setback r quirement, and warned that th changes would be un constitutional and would result in litigation because the car dealers hav no t be n confronted with th witn sses against them , and it is unr asonabl s izure of property . He sold hat ca r d alers would need h lp paying fo r th s regulations. He said that th front ten feet or th most valuable in the ca r business; and, after asking for a show of hands in the audience, he asked that th record show that no one in the audi n c disagreed with him. Mr. Cairns said that making thes businesses Conditional Uses would discriminate against his business. Th r deal rs ne d the fenc s, and without th m would ne d much heavi r polic protection. H said that the Fire Department can rea c h any place on his lot without an ace ss lane. He said that passing th s proposals would be makin x post facto laws; a nd th dealers worry not only about being fo r ced to meet th se requir m nts, but n w o nes later. The rul s should be limited only to business s whi c h a re n w o r being rem ode led. Mr. Ma nuson ask d Mr. Cairns to l oo k at th proposed o rdinan ce on page 3 (s a tta c h d proposed ordinanc pages 2 , 3 , and 4). He sat d that Mr. Cairns had oppos d Sections (i), (llt) and (viii), and ask d if he would add r ess (ii), parking for custom rs and employees . Mr. Cairns said that South Broadway has two-hours parking on Br oad way, and until re cently this was strictl nforced. H said th r is no n d t o provide four spaces fo r parking. Mr. Magnuson r f rred to Section (v), con e rning th directing of lighting. Mr. Cairns said that lights are ned d for protection and advertising, but should not b allowed to bother th n i ghbo rs. Mr. Ma gnus o n asked about th Sign Cod , S c tion (vi). Mr. Cairns said h did not know. Mr. Magnus o n ask d about (vii), the regulating of the display rac ks whi c h position bump rs more than four f t above the ground. Mr. Cairns says it is • I • • • • - -5- a mark ting techniqu , and while he is not affected , it should be a fre ma r ke d cis ion. Mr. Magnus o n asked a bout (viii). Mr. Cai rn s said that existing business s s hould not be r eq uir ed to com ply. Passing this Sec tion would r equire g reater investment of time by the pollc departm nt. Some people do not want fences, but it s hould b e up t o the d ale r. Mr . Mag nu son sa id th a t this Publi c H aring was intended to r ceiv t estimo ny from anyon a ff ec ted by th e p r oposed o rdin a n ce , a nd the testimony should b restric ted to that so that th e Commission c an make a n informed dec i s i on . Mr. Gou rdin asked if the dealers wo uld accept a pe e r gr o up as a regulating authority. Mr . Cairns sai d that there i s already an o r ga nization , Ind e pendent Au to Dealerships. He sugges ted t h at th e City contac t that o r ganization . Th ere were n o further question s of Mr. Cairns . Thomas Gerli c k, Gerlick Mot o rs 4808 South Br oadway -was s wo rn in f o r t stlmony. He sta t ed th a t h is three main o b jections t o the proposed c hanges wer th e ten foot setba c k with required lands c aping, the 12 foot access drive a nd the minimum o f four spaces of off-s tr eet parkin g . Of J esse r con ce rn is the 200 square feet r e quired for ac h ca r . He said the small lot own e r s would not be able to com ply and r main in bus in ess. Th ey purchas d the pro perty in good faith , and if the pro posals a r e pass d , their ability to make a l iving will be jeopardized . H had no objections to the oth r it ms. Mr. Carson asked Mr s . Romans about (iv). Mr s . Romans said thi s wo uld r quire a tw lve foot J n on the sit avaiJabl for access by emergen c y vehicles . Mr. Gerlick said any mergency vehlcl should b ab l t o r ach anything when th depth of the lot is usually o nly o nl about 125 feet deep. Mr. Barbre ask d how much squar footage i us d for ach of Mr. Ger llck 's cars. lie said h uses abou t 180 square f et , and this is o n e o f his lesser objection s. Ken Kauffman, K n 's Qua lity Ca r s 4400 South Broadway -was sworn in for testimony. II asked th Commission t o con sid r how th proposed Jaws would aff c t hi s business. Concerri n g the setback and parking r qul reme nts , he said h h as 75 fe t of f r o nt age and th lot is not very d ep. H h s 30 cars on display. With the t n f oo t setback , and th fiv foot sid setbacks , and the 200 square foot requirement, his invento r y would b reduced and only 19 units cou l d be display d. H co uld not surviv as a busin ss . He alread has a drive lan , and has no o b j c tion to th lighting and Sign Code r quiremen s , but th display r ack has never ln jur d anvon , and , whil risky t o the d aler from a h ft of parts standpoint, should be permitted. II said th fencing would lower insurance rates , although he does not like th e fen ces . He sa i d he ha s been fortunate in not being ser i ously affected by thef t s of cars , but h has had petty theft a nd vandalism. Ther w re no qu stions of Mr . Kauffman. Berni e Taylor , own er of 29 00 a nd 4490 Sou th Broadway -was s worn in for t stimony. She st ted that he r hu s b a nd ha s b n in th ra r busin ss for 15 years . At 2900 South Bro dway th y sold class i c ca r s for thr y a r s , puttin ~ up 1 six foot f n ee after two years. They pr f r n co rner lot b cau s there is more fronta Th y w re driv n off of Sout h Broadwa becaus f th e thefts. Sh sold that the beautification attemp t seems t o b di r c ted to only car dealers . Mr. Venard • I • • • • • • -6- said thls Sec l on do s apply onl y to ca r d alers , but there is a landscape ordinance whi c h applies to th o th r businesses . She said any new laws should apply on l y to new businesses, nnd passing this ordinance would take away property from the owners. She had no objection to sign regulation and lighting regulations, but asked that their property not be confiscated. Mr. Venard ask d if ther would be objections if these regul ations applied only to new business a. Mrs. Taylor said she agr ed that there are areas of South Broadway in need of b autlficAtion , but it can not be done immediately, and the City ca nn ot confiscat prop rty that has been owned for some time. Mr.. Jim Bahn , Valley Motors 4550 South Broadway -was s worn in for testimony. He stated he opposed every item of the proposed chang s except the adherence to t h e Sign Code. He said that not all th r gulations would directly affect his business , but not all busin sses ar the same. He satd that , in his opinion, the proposals are discriminatory . llf? said downtown Englewood loo ks bad, and asked why only car deal rs wer e b ing r gulated. The State and Federal laws are already a burden with m aningless laws {window sticke rs were given as an example). lie invited th Planning Commission to visit his lot. He said the proposed law would tak t n fe t of his proper y which is n eded for display and parking. He asked that th Planning Commission thoroughly resear c h th subject. He said that of all of th car d al rs present , Mr. lligday co nta c ted only the largest deal r. Mr. Carson said h had walked by all th lots. Mr. Bahne asked Mr. Carson t o come in and have a c up of coffee , and Hr. Bahne would show him how the business would be n ativ lv affected. Richard Funk, Ri c hard's Motors 3787 South Broadway-was sworn in for testimony. He said that h e has artifictnJ landscaping, whi h is more efflcif?nt. He has 12 ,500 square feet of property, and about 1,662 square feet ls us~d for the huilding. The new requirements would take 3 ,813 square feet, leavlng him 7 ,025 squar feet for car display. sing the price he p id for the property, h would be donating to th City $51,322, and he thinks th land is worth more than that. He said h has a c hain link fen·e on th ba k of he property b cause he sells Corvettes. lie has made many complaints to the pollee about theft and vandalism, and has y t to have one dollar returned . He is insured, but ther is $1 ,000 deductible. H has be n considering buildin~ a showroom for security or adding a fence in front. The new re~ulations would prohibit eith r option for protect i on . H said he had no obj ctlon to the Sign Code regulation, but ne ds t o hav ood lighting to pr vent theft. Th r were no questions of Mr. Funk. Mrs. Lavina W ems 4851 South Lincoln -was sworn in for t stimony. Sh stated that she is a neighbor of one of th car lots. She said that Bill Crouch 's Mitsubishi employes park In front of her hous . 'ew ca rs are park d on the street for weeks at a time. Sh said that th y should b limited to parkinR on their lot. She said that the re c reational v•hicle lo on 4800 So uth Broadway wash s the v hi cl s n ar the alley, th wat r drains into th unpaved alle and makes the alley a mudhole. Th r sidents r unable to use the alley b caus of the mud. Th lots s hould b required to hav drains on the lots or to pave the alleys. Th sphalt on th lots m k s th wat r run int o th alley. She said Broadway will b lik Colfax if any mor car deal rs mov in. Th re w r no questions of Mrs. We ms . • I • • • • - -7- D. v Weg n e r 4677 So uth Br oadway -was s wo rn ln. He s ta ed th at h e I s opposed to the n w ord innnc II ha s a leasing compa ny whi c h moved into Englewoo d two mo nths ago, and he wo uld no t h nv Located in En glewood if h e ha d kn own of th s proposed r egu latl ons . li e sa i d that the re gula ti o ns ar d i sc rimina t o r y , a nd will pr v nt business. II • said they a r il l-p r epa re d , and th Conun i ss i on should ogre with hlm. llary Les t r, !l a rr y's Specialty Aut o 5155 South Br oadwa y -was sworn in for te s ti mo ny. lie said that h i s t'ontused abo ut th intention of the o rd l na n c ; he .:~sked 1.( it i s t o beautify Englewood , bring in r v nu o r get rid o f a ll the us ed c ar dealers o n So uth Broadwav . H said that It appears tha t th Int ent Is t o ge t rid of all th used ca r d nl rs. lie said he ha s a c hain link f n around his l o t, and hat it has kept him in busin s s. The theft was horrendous. He said th building n x t to his property is ri g ht o n th sidewalk. They s ho ul d ha v e t o r emov their building if h ha s t o pro vide ten feet alo~g the front of his pro p r y. H said that th r e is a Denver Pos t a nd Roc ky Mo untain News stand a ta c h ed o a bus bench in front o f his pro perty; and this stand looks mu c h wo rse han anything on his lot. II said that p o ple come from o ut of state t o see hi s a r lot b cause they have h ard a b o ut his l o t. H said bad ca r l o ts will go o ut of business . H maintains his pro pe rty , a nd th n w rul s wo uld o nly co st money and would no t help Englewood . Jim Higday 4970 South Washingt o n -was s worn in f o r t stimony. H s t a t d t h at h Is th Englewood Councilman f o r District Ill . He said that this i s a se ri o us si tu ation for the people in District Ill. Th re have be n many p eo pl wh o r esponded o it. The City has received a l o t o f r sponse. H said th Planning omm i ss i on will consider the matter, pass , re j ct o r amme nd it and send It o n t o Cit y Coun il for final decision. He said t~ t th motive for the re g ul a tions wa s that there had b n many complaints. l!e said hat there is a se rio us p r oblem , and h asked tha th Planning Conunission co nsider the rna ter ca re ully. li e said that what is done about th problem may be nego tiable, but something must b don . H said there are many c ar deal rs along South Broadwav wh o ar welcom ssets to the City, but th r or some who, in l•is o pini o n, shouldn 't be In Engl wood. Mr. Stoel asked what the probl m is. Hr. lligd av said th a t the pro blem is th e in c reasing numb r of used car lots. Nearly eve ry time a property I s va ca nt a ca r deal r mov s in. He said that he had no o bj c tio ns un til c itizen s said the lots were blatantly disregarding the Sign Co de a nd Lnnds cap !n ~ Ordinance ven after repeated requ sts to comply . There has been a safe t y p r o blem be ause autos are being pa rked o n tl1 s id wal k , 1 avin ~ no pla ce f o r p opl~ to walk. If p ople walk across h lot , the y are orde red off . There is no pla<e nr mploy es to park, and In many ases, no plac t o park em rrencv Pqulpmt•nt. C'.1rs are so c los to ge ther that a !r would sp r ead through the cars , and he Fire D partm nt co uld no t prevent tha t. Som of th ca r s t o r sale ar~ helnr parked on South Broadw .!y. Som of th dealers appear t o ca re n ith r for safe ty nor sthetics. Revenue t o Engelwood is n o t th point; h i s int e r es t ed i n the safety, conv nlenc and w lf re of the people and th City a nd th nbllicy ot the Fire and Polic e D partments to provide em rgen y service. Mr. Corwin stat d that h had not heard that a ny o n had b n in ju r ed b caus of sid walk parking . II asked fo r specifics. He said that it i s usually custom rs who park o n th sidewalk , and h has a lwa ys ask d th em t o move . Th probl m has nothing to do with the ca r d al rs. The d a l r s want t o make a living and get along with the City. II quoted lr. Higd ay ' s r rna r ks to th • I • • • • • - -8- Englewood Sentinel , saying that the atmosphere on South Broadway is not conducive to used car lots. Hr. Corwin said that it is onducive, o r they would not remain on South Br oadway. Hr. Corwin said that, if there had bP n such a treme ndous uproa ·r from the citizens, more than one ci tizen would have attended the meeting. He said ther are houses in Englewood that are health hazards, and the City should do something about that. Mrs. Romans entered a letter into th record, whi ch was read by Hr. Venard: TO: Gerry Venard, Chairman Planning Commission and TO: Councilman Higday For Meeting Hay 14, 1985 FROM: Dorothy Schmidt 4085 South Lincoln I am unable to attend your hearing, but I took pictures Hay 3, 1985 and am at t aching these with notations. Our neighborhood has had a co nstant battle with car dealers, repair shops who use our streets as a dumping area for car (sic) in all states of repair and disrepair , some unlicensed. Its ems that in line with the Council's new sign ordinance and the downtown area renewal that helping residents keep the streets free of extra ca rs would not be unr asonable. Hy understanding is that from the alley west to Broadway is zoned busin ss. From the alley east to Lincoln is zoned R-2. How then can car d alers us our str eta as a parking lot? First picture--"Corner of Broadway and Nassau. Taken 5-3-85 ." with a not stating "Junked for we ks" with an arrow to a ca r on the south side; on the no rth sid " sign by door 'Hack's Littl Lo t' apparently from a dealer wh o mov d out furth r South on Broadway. Sign ov rhead is Little Wheels Saab repair. 3998 South Broadway." There is also a notation "drive way to AHCO". Ther were also two pictures t ken on 5-3-85 showing cars with no license, a blocked driveway to a garag . The gara e belongs to Bob N udock, 3997 South Lincoln. Pic ture three showed a car parked on the street with a dealer tag . On page 4 of th letter w r two mor pictures taken 5-3-85. One showed a ca r with no lie nse which was parked going th wrong way on Nassau, near the same property, and th r is a note saving that th ca r stayed there the 3rd , 4th and 5th of Hay. Pic tur 5 was anoth r vi w of th same c r. On page 5 , two more pictures show a ca r with d ler tag parked in front of a residenc east of th alley. Mrs. Schmidt continued : This morning Hay 14, 1985 th following ca rs are on the stre t -- East of th alley along Nassau from Broadway to Lincoln. 1-F-150 Whit pickup with d aler insigni Colorado Chrysler Plymouth 2-Unlicens d blue Chevrol t (old in disr pair) )-Unlicensed AHC Eagl • pi I • • • • - -9- They are using these str ets as a lot to co ndu c t business . Co uld I do that? How l o n g ca n 1 leav my ca r unlicensed? Coun c ilman Hi g da y , 1 hope you are able to implement the proper ordinances t o at least keep our s reeta fr e from thes e nui sanc es . Sin ce r e ly, Hrs. Dorothy Schmidt 4085 South Lincoln This letter was entered into the r eco rd as Exhibit I, and Mr. Venard said that it could be viewed if anyone in the audience wished to see it. Mrs. Romans asked that in Section 16.4-12 e (1) (a) (ii), that the R-2-C/S.P.S. be added . This is a new zone distric tly re cently c reated b y the Coun 11, a nd should be included. Mr. Bob Bahne, wh o had already spoken, ask d to answer the letter from Mrs. c hmidt. H said it did not apply to th e n w o rdinance . Th parking problem can be solved by enforcing the present o rdinan ce . The ca rs should b tick ted, and, if n cessary, tow d away. H said that the point of th e letter wa s that the neighbor do s not like car dealers. He said th at ca r dealers wan t t o do the job right. He said if any dealer violates the law, he should be ticket d , and if it continues, th ca r should be towed away. He said th e main problems with the proposed o rdin a nc are the ten foot setba c k, fe n c ing and driveways . The Chairman d clar d a five-minute re ess at 9:25 p.m. The me ting reconv ned at 9:35 p.m .• with th same people present. The Chairman asked for further comm nts. people for coming to give input to aid th Th r w r none. Commission. Mr. V n ard thanked Mrs. Romans asked that additional changes be made in th Landscap Ord i nance : Section 16.4-18 b (1) (a), inc lude R-2-C/S.P.S ., also in Sectio n 16. -18 c (2) (b). In Section 16.4-18 (1) ( ), add "In all zon distri c ts the stre t tr requlr menta are in a ddition to the r e quirements fo r minimum l1vinR plant material"; (e) becomes (f), (f) becomes (g). It was also not d that Sections e and f should be c hang d to d and e in th Lands ca pe Ordinance. Carson moved: Gourd in seconded: Tha th Public Hearing b closed. AYES: Barbr , Beier , Carson, Magnus o n, St oel , Gou rdin, Venard. NAYS: None. ABSEN T : Allen, McBray r. The public h aring wa s closed. Th members agreed that the B-2 section of the proposed ordinance wou ld require furth r study. Magnuson mov d: Stoel s conded: That th c hanges as publish d and suggested at this meeting be accept d and passed on to Coun c iL, with the ex eption o f the B-2 distric . AYES: Barbr , B ier, Carson , Ma gnuson , Stoel , Gourdi n, Venard. NAYS: Non . ABSENT: All n, McBrayer . • I • • • • • -10- The motion ca rried. Open dis c ussio n o n the B-2 followed. Mr. Carson sugges t ed a study sessi o n to b held in co nj un ct ion with the m eting to be held on May 21, 1985. The Commission agreed . Mr. Steel sugg sted that the Commissi o n review what had taken pla c at the meeting and list its conce rns a nd con c lusions from this meeting. He said that h is not c lear as t o wh y the changes were suggested because here does not seem t o b a major problem. Th c urrent laws s hould be enforc ed. He said the retroa tiv nature of the phr as ing of th proposed ordinance is, in his opinion , out of the questio n; but he would accep t the Conditional Use s t a tus for car lots. He sugg sted keeping Sec tions (v), (vi) and (vii), permitting fences, and keeping the drainage and site plan re g ul a tio ns . He said tha t th dealers c ann o t do much landscaping. Items (i) through (iv ) should be removed , in his opinion. Th Conditional Use appl i c ation nd hearing should tak ca re o f problems, and should not r equire heavy gu idelines. Mr. Bei r said that many of the lots are very small with little depth . They may not be able t o meet setbac ks. H t o ured th e lots o n th e north end of South Broadway. The lots seemed acceptable , ha ving driving lanes and no parking on th e sidewalk. The areas should be policed a nd the ordinance nforced. Fen cing must be al l owed. Sec tions (iv) through (vii) and (ix) should be retain d, and {i) through (iii) and (viii) should be taken out of th pro pos d ordinance . He said that he does no t thin k the dealers can poli ce themselves. Mr . Gourdin said Section (viii) is n c ssa r y. Fencing is o ffensive, and mak e s Englewood look lik a crim a rea. He oncur r ed tha t Sections (i) through (i v) be remov ed, and {v) through (vii) and (ix) s ho uld be retained . He a g r ed that the auto d alers should b conditional uses , and s ho uld supply sit plans . Mr. Ma gnuson said that ther should be some setback with landsc aping, a lthough it might not hav t o be t n fe t , and bumpers could stick out o v r the gr ss. He sugg s ted removin g (ii), and (iii) sho uld have modification. H said n access lane was pr bably not n ces sary, bu t sugg sted keeping (v) and (vi). H dlsa red with (vii) a nd (viii). Th rest was fine. He suggested th at th City should pave all th alleys . Mr. Barbre agre d tha t the c ar lots sho uld be co nditional us es , and sugg sted reducing the setback to five feet. II said making the law r etroactive would wipe ou t som of th e businesses. He sa id tha t ther are only a few dealers caus ing the problem . He said that o ther bustn sses use th e c urb for c usto m rs. Employees often drive th lot 's c-a rs. Section (iii) might be r duced f r om 200 fP•t , and (iv) could b r edu~ed . He s u R sted ke ping (v) through (tx). lr. Carson d l sagr d with (1), ftlt th re should be a pl ce fo r employes t o park , ugg st d r ducin (iii) to 150 square fe t, disagreed with (tv), sugg st d keeping (vi) and (v), had no obj ct i on to auto display ra c ks above g round 1 v l, and , unl ss ther w re videnc that th e r is a r at Je 1 of c rim , would agr with th fen ing s c tion. Mr. Gou rdin sugge t d drafting a le tt r t o the lnd p asking that peer pressur be appli d for improvem nt Venard sa id that som of the owners of ca r lots hav citizens. Some of the sp akers offered to m t wl.th would lik to see a group form d t o encoura g thln he would like th Commission t o t ke pl nty of tim nd nt Aut o D alerships , in co nditio ns. Mr. not b en good r sponsibl th Commission , and h to improve. H s ld th at to mak a de islon. I • • - - • • • ,. • -11- M~. Beie~ said the~e should be a minimum lot a~ea ~equi~ed. M~. Stoel said that each applicant could b~in g the matter befo~e the Commission. M~. Beier, M~. Gou~din and M~. Magnuson, suggested fu~the~ ~esearch into how neighboring comm unitiea are handling this problem. Mr. Carson said there are no fences along Havana or in Littleton and Aur o r a . Mrs. Romans said the lots are conditional uses, or require special permits in those cities. Hr. Barb~e asked that it be conside~ed that a change in ownership would require another condi tional use hearing. Mrs. Roma ns said t ha t could be s t ipulated . Hr. Stoel said that the wave of the future will be i ndoor s howrooms . The me tin was adjourned at 10:45 p.m. Sheryl Rousse&, Recording Secretary I • • • • - MINUTES Eng lewood Public Library Advisory Board Hay 14, 1985 Chairman Valdes called the regular meeting of the Library Advisory Board to order at 7:34 p.m. PRESEI'IT: Jerry Valdes, Lois Sterling, Bruce !Iogue, John Peterson (arrived at 7:50), Al Quaintance, Kay VanValkenburg REGRETS: Debbie Dix , Gerald Sampson, Dorothy Wheelehan ALSO PRESENT: Mrs . Barbara Hogue Sharon Winkle, Director of Libraries Donna Go ttberg, Recording Secreta r y Roll call was taken and a quorum declared present. Mr. Valdes brought forward for discussion the possibility of the Board having membership in the American Library Trustee Association (ALTA). After a brief di scussion the Board decided to table this item until the August meeting. 9 85-11 ~~TlON: To table the further discussion of membership in the ALTA until the August Board meeting. ~ved by: Al Quaintance Seconded by: Bruce !·Iogue ~lotion carried. Mr. Valdes made note that he had read the RFP for the Automated Library System and felt it was presented very well. Mr . Valdes turned the meeting over to Is. Winkle for the Dire tor's Report . Is. I'Jinkle presented bnef updates as follows: Automat d Library Managcmen ystem -A City Council meeting of May 20 the finan ial situation of the City will be discussed, and at that time we will know if Council plans to authorize relea se of the RFP. Ci t y of Lnglcwood Building Program -The building program is "on hold" at this time, but there is a need to keep the program updated so it will be useful when ne ded. Public Parking at City Hall/Library-The Li rary has received many written complaints regarding the parking. These complaints are being forwarded to th City Manager's office. Colorado Resourc Cente r (CRC) fund1ng -The latest word is that the Senate caucus has decided to approve the funding at the $800,000• level required to provide walk-in access for Denver m tro resident s. continued .... • I • • • • • -2- Director's Choice ~fs . Winkle thanked all the Board members who participated in the "targeting" of books on the weekend of April 27-28. The Security System should be instal led in the near future, and City Co unci 1 asked for a demonstration of the system before it is put into use with the public. Board members interested may attend that demonstration also. She will inform the Board of the date of installation as soon as it is available. ~Is. IHnkle noted a letter dated 4-22 -85 from the Denver Center for the Performing Arts (DCPA) thanking the Library for the donation of some $19,000. This was not a cash donation, but a donation of movie memorabilia donated from the Library to the DCPA for preservation, ca taloging and loan to the public . The $19,954 .50 figure contained in the letter represents appraised value of the collect1on. Members' Choice ~Is. Sterling asked ~lr. Quaintance if he plans to begin his ''Of Book s and Things" handouts again. Mr. ~a i ntance answered, "not at this time." Jerry Valdes a s ked if the Library had encountered any legal problems w1th the lfealthLink program, tis. Winkle sta ted no problems had ari sen so f ar. Staff are very careful when answering health questions. Mr. Hogue asked if plans had been made to have breakfast with our legislator. ~Is. IHnkle stated that Mr. Paulson was unable to meet with Library representatives at this time, but hopes to get together for breakfast at a later date. Committee Reports Mr . Hogue reported that the Cushing Park from 5:30 on. beverage plans. Board /Staff picnic will be held on August 10 at John Peterson wi ll be in charge of the food/ Mr. Valdes reported on the R memberance Fund Committee. He plans to draft a Jette~ to be sent to variou clubs and business organizations in the area, explaining the Fund and asking for their support. o unfinished bus1ne . The StatlStlcal Repor for April was br 1efly d1scussed. 85-12 ~~TJO : That th Mlnu es from th April 9, 1985 meeting be approved as presented. Moved by: Lo1s Sterling Seco nded by: 1\ay Van VaH.enburg lotion ea rn ed. Meeting adjourned at 8:30p.m. 5-15-85 dg • I • • r ' • ORDINAOCE 00 • ..J. I SERIES OF 1985 ,. • • - BY AUTHORITY COUNciL BILL NO. 35 lm'RODUCED BY CO!JOCIL IID1BER BRADSHAW AN ORDINAOCE APPROVING AN AGREEMEI'l!' BE'IWEEN THE CITY OF ENGL~, OOUTH SUBURBAN METROPOLITAN RFX:REATION AND PARK DISTRICT, AND SOUTH SUBURBAN PARK FOUNDATION TO CX>NSTRUC'J' A HIKE/BIKE TRAIL FRG1 THE NORTH BOUNDARY OF ENGL~ <X>LF COURSE TO WEST OXFORD AVENUE AND REPEALING ORDINAOCE NO. 20, SERIES OF 1985 . WHEREAS, the Ci y of Englewood is the owner of the hereinaf ter d scribed 1 nds; and WHEREAS, South Suburban Metropolitan Recreation and Park District desires to construct and maintain a recrea ional trail across the 1 nds of the City; and WHEREAS , South Suburban Park Foundation shall solicit funds for said trail, if necessary; ~. THEREFORE , BE IT ORDAINED BY 'mE CITY COUNciL OF THE CITY OF ENGL~, COLORADO , AS FOLLCMS: Section 1. '!hat the gr nt between the City of Englewood , South SUburban Me ropoli an Recr eation and Park District , and Sou h Suburban Park Found tion, a copy of which is attached hereto and incorporated herein by reference , o cons ruct a hike/bike trail fran the north boundary of Englewood Golf Course ups ream to West Oxford Avenu is hereby pproved. Tha the Mayor and ex officio City Clerk-Treasurer are au or1z o sign nd a es said agreemen on half of Ci y Coone il and th City of Eng 1 ood. Sect ion 3. That Ord1nance No. 20 , Series of 1985, pertaining to prev1ous agr n be n th Ci y of Englewood nd South Suburban Metropo litan Recr a ion and P rk District for construction of a hike/bike trail is her by re aled. In rodu , read 1n full , and passed on first reading on the 20th day of May, 1985. 9 c I • • • • • • 1985. Published as a Bill for an Ordinance on the 22nd day of May, Read by title and passed on final reading on the 3rd day of June , 1985 . Published by title as Ordinance No .~, Series of 1985, on the 5th day of June, 1985 . A test : Eugene L. Otis, Mayor ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Enjlewood, Colorado , hereby certify that the above and foregoing is a true , accurate and complete copy of the Ordinance passed on final read ing and published by title as Ordinance No. ~, Series of 1985 . Gary R. H1g bee • I • • • • • .. CONTRACT TO CONSTRUCT HIKE/BIKE TRAIL FROM NORTH BOUNDARY OF ENGLEWOOD GOLF COURSE TO WEST OXFORD AVENUE THIS CONTRACT, made this day of , 1985, between the CITY OF ENGLEWOOD,-.-colorado •unlcipal corporation, hereinafter •city,• SOUTH SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT, a Colorado quasi-aunicipal corporation, hereinafter •oiatr ic t,• and SOUTH SUBURBAN PARK FOUNDATION, a non-profit Colorado corporation, hereinafter •roundation,• WITNESSETH WHEREAS, Dist rict and the City, acting through the Englewood Parka and Re c reat ion Commission desire to cooperate in the conatruction of a section of the South Platte River Hike/Bike Trail from the North boundary of the Englewood Go lf Course to West Oxford Avenue hereinafter (the •Trail•>r City shall contract with Dis trict for Dietrict to construct the Trail for the City. NOM THEREFORE, the parties hereby covenant an d agree as follows• 1. Distri c t will prepare plana and spec ifications, call for bids and superv ise contruction of the Trail. Al l plans <including plans for the exact location of the Tr a il as is mutually agreeable to the City of Englewood and the Di strict ), specif ications a nd awarding of bids must be a pproved by the City before the start of construction. 2. City ag rees to be responsible for the maintenance o f the Trail af ter completion. 3. District shall meet all requirements as set forth by the Colora do Parka and Outdoor Recreation Division and Army Corps of !ngineera in the expenditure of funds so as not to disqualify the City for reimbursement of $100,000 from the State Trail Fun d o r any additiona l grant funds from th e Army Co rps of Engineers. 4 . City shall pay the District for the coat of the Trail, except that such payment shall not exceed a total of $200,0 00. In the event the bids received by the District for completion of the Trail exceed $200,000, the District shall consult with the City prior to a ccepta nce of any bid . The partiea may agre e to rebid the contra ct or to accept a bid for completion of l eas th a n the e ntire Trail pursuant to this a greement. 5. In the event the parties a gree to a ccept a bid for leaa than the entire section of Trail to be completed under this agreement, the Foundation shall solicit funds for completion of I • - • • • ,. - the Trail prior to eoliciting fund• for any other aection of the South Platte River Trail. The foregoing proviaion however, ahall in no way affect the Poundation'a riqht to aolicit auch funda aa are required to be raiaed aa a condition to receivinq granta or donation• from public or private entitiea for conatruction of a ectiona of the South Platte River Tr a il other than the aection to be completed under thia Agreement, even if auch funda auet be a olicited prior to solicitation of funda for completion of the Trail covered by this Agreement. 6. Payment shall be made to the contractor by the City from State reimburaable funda when a section of Trail is completed, in accordance with plans and specifications, after its inepection of the conatruction. A detailed expenditure on work completed must accompany each request for payment so that the City can be raiaburaed for expenditures from the Federal and State granta. Inapection shall be made wi thin a reaeonable time and payment aade within lS days after c~pletion of inspection. 7. City ha s delivered $100,000 of the $200,000 referred to in paragraph C to the Foundation prior to the date hereof. IN WITNESS WHEREOF, the partie• hereto aet their hands and aeala the day and year firat above written. SOUTH SUBURBAN METROPOLITAN REC REATION AND PAR~ DISTRICT •• ~~9 +e £ f2~o LZ , I SOUTH SUB URBAN PAR~ FO UNDATION ~ .. a 7 u 4'~w- ATTE M (/...;; {i .;G7 CITY OP ENGLEWOOD By Eugene L. Otla, Mayor ATTESTt 2 • I • • -• • • STATE OF COLORADO )ss. , COUNTY OF ARAPAHOE) • The foregoing instrument a s a c kno~ledged before me this 8th day of __ ulll.ll.l\1'-'----• 1985, by Iboma5 C Fitzgerald - of ~~J'~-ruburban Metropolitan Recreation and Park District. My Commission expires: July 31, 1988 STATE OF COLORADO )ss . COUNTY OF ARAPAHOE> No ary Pub ic J Address: 6315 South University Blvd. Littleton CO 80121 The foregoing instrument ~as ackno~ledged before me this day of , 1985, by Eu~ene L. Otis as Mayor and Gar_y __ R. Higbee as ex officio City Clerk-Treasurer of the City of Engle~ood. My Commission expires : STATE OF COLORA DO )ss . COUNTY OF ARAPAH OE) Notary Public Address: The fore going i nstrume nt was a ckno ~l edg ed b e for e me t hi s --1.5t day of Ma)l , 19 8 5, by Ma ry H. Ca r t e r ~ pr~ld~t of So u t Su ur an Park Found ation. ' , , / ' Notary Publtc Addres s : 6315 So ut h Univ e rsi t y Blvd. Li tt le ton CO 80121 My Commiseion exp i res : July 31, 1988 3 • I • - • • • • 9 I) ! BY AUTHORITY ORDINAOCE 00.~ SERIES OF 1985 COUNCIL BILL 00. 36 INTRODUCED BY COUICIL MEMBER VOBEJDA AN ORDINAICE APPROVING GRANT OF A UTILITY EASF11ENT TO PUBLIC SERVICE <X'ffi>ANY THROUGH THE rnGLEWJOO MUNICIPAL OOLF COURSE PARKING wr ON SOUTH CLAY STREET FOR Gr\.5 LINE PURPOSES. WHEREAS, Public Service Company desires an easement through the golf course property for constructing , operating , maintaining, repairing , nd replacing gas lines and for installation of a gas line to service the new building at 2625 West Oxford Avenue; and WHEREAS, the easement requested would be a 10-foot-wide easement fran their main in the South Clay Street parking lot south across the southerly portion of the parking lot ; ~. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENCLEWJOO, COLORADO , AS FOL~: Section 1 . That the City Council hereby approves an easement to Publ1c Service Canpany to install , construct , operate, maintain , repair and replace utility lines through , over , under, across and along a course in the South Clay Stree parking lot of the Englewood f't..ln icipal Golf Course as legally described in the attached easement , which is incorpora ed herein by reference . That the Mayor nd ex officio C1ty Clerk- Tre surer ar hereby authorized to sign and at est said easement for and on behalf of he Ci y Council and th City of Englewood . Introduced , read in full , and passed on first reading on the 20th day of May, 1985 . Publ i shed as a Bill for n Ord1n nc on the 22nd day of May, 1985. Read by ti 1 and passed on final reading on the 3rd day of June, 1985 . • I • • • • • - Published by ti le as Ordinance No.~, Series of 1985, on the 5th day of June, 19 85. fugene L. otis , Mayor At test : ex off1cio City Clerk-Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, COlorado , hereby certify that the above and foregoing is a true , accurate and complete copy of the Ordinance pas~Aon final reading and published by title as Ordinance No~, Series of 1985. Gary R. Higbee • I • • z I l· w I' "' -' ··~ ·· .. ;. ·:· -.-. ..:, . : .. 'l . ·~ : . ~ . • • ~ • I t • . ~ . . . . lS. • - •• • .. l..• { • ' ll ,~J ' . ·~~ . . . 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Gud No -------------- T,... unct.f•Jt'Md GrantOf Ptereby ac:~ reo.1J)I of S """' I'UBLIC SERIIICE CO MPAN Y OF COLORADO 560"'=-.LII5tft;L-,s.,.,---.-0...=--, .. -,-Co=-ao..---. 10202·4206, .n con~Kterat.on of wtuc:h he hweb';' fl'lt'lh unto .. td Compe,ny, I U ~• mel ........ an ~1 to connrue1, ope1 ata, m.•ntam, r e~jr and r.P~ Uhltty hntts «td •II '••tur" and deY~. uNd Of uteful 1n ttM DJ*"ttiOn of Mid hnet, thr~. 0\1'.,, ~, CON and along • t.ourM • Mklltn.t rn.v be r. .. tt.r conttructed and r~.o.d '"Lot PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT Block SubdlllflfOf'l ---- Co.aencln& at the Northweat corner of the rthea at l/4 of Southuat 1/4 S c tlon S; then ce No rt h 89°56' Eas t, a long the rth line o f aatd So ut h aat 1/4 , a dflrt a n ce o f 90.) f e t; thence Sout h 0001.' Eaat dt a t ance of 25.00 feet t o a poi nt o f curve , s aid po tn r belna on th Sou therl y line of the IH!n ver and Ri o Grande We1tern Railroad d h t - o f-way (now abandoned): thence a l ong said So uthe r ly right -o f -wa y on • curve to the ri gh t wh oae long c h o rd be r & Sout h 78°00''5" t:..e t • having • c:en tral angle o f 24°06'31", an r adl u • of bll.)l f eet. an arc dlstanc o f 2~7.22 fret t o the point o f beginn ing: l.h nee rth Q004' We•t a distan ce of ~4.)7 feet t o the po lnt o f The ~t~.u • on the Nor,~·~~1.JidM¥he ~~·~~~ \1~0o~th!' ~~tf.h':3te lenvth«Yd and .nonenecs .. ~to .ncon'\Pf!M fCDntinvout unpot not IHt tha.n the Wove ~tdlh et •" PGtnb on Gt.,tOf ', propwty crOIMd bV thtl abo\'e Cletcr tbed atnterlrne lnd n~enchng to the boundaues of the adtKMtt PfO~tft Tog~tne r w1th the ftght to .nter UPOn Mtd l)rlmt.e., to tutv~. conuruet 4 m.tnt,lln ope,ate. ,..,.., riC)I.a conuol end YM Wid vlll t t~ lines .nd '-'IIMI ftaturft and U.w ~e.-s , 1nd to r.mov• ob,Ktl rnterfertnQ ther._,,, tndudmt lhe Utmm•ne of tttti ~ bulnn, lnd togtther ,.lth the,,_,, to UM 10 mUCh of tn.ld~tn"ll Pf.n'ttMI of GrentOf dunne Wfli'IV•nt c:on.-trucuon . rnam ten.nct. repeu remova l, Of reulacem.nt of .. td u Uhty lll'lft .nd , .. ,,ld flatUI" lnd dev~CM n rnti' be requtr eG to Pffmtt trt• OC*Ihon of ttlndeld uttltt~ conuruc:t+an Gr rePttr m.c:n,ne.-~. end tne rlfht to l)lf mtt the ,,..~II., ton ot tN f~~t.t l•t!ti ot .ny Olhtf comc-nv The Grentor reWHwa ftle ri9ht to UN ~ GCO.tPV the NMtnent t Ot .,'t pufllOM <:Of'llttent w•lt\ tn. Hght lind .,.,..,,...,. .t)o.,. 1'-.ni.O and W'hteh wtll not •nterf•re wtth Of lndlllglt an~ of ttM Nid Cotnptnv'• f.c1ht ... ~n Of' Vfll trweot Such ,...,...,.101'\ btl the> GrentOt .,,11 in no evtont tnc.ludrt the ttght to er-«:t Of ~ \0 be erKled .,V bu•kl•'9 Of •t n.cturM ~.opan thl .... ~, uran-.d Of to 'oclll en~ mobile home "'''., uruu tneJ.on In c--. of tf\e ~~ ,_.., o t tl'\e ~~ .,, tllfht Pt ,,.., .... end '"'.,"' trtntld .,. .. , ,,,mlnat• The wor• of tAilllhng lf'ld mllnliinll''lt ...d It,_. lind reiat«J tu.h ,-• •nd """* lhMI t. 00n1t ••th cw. t"-turf.ce • b.,..,._,, ~I bt r•tOf'ld tublunt .. llv to ttJ orttfnel ._,_.end condftiOn Gl.,&Dt .,..I tndwde the l tfltUiet, P'~r•. f~lnlne , n11«:uhn., tnd ntutlf s.-"'·------dey··----------· 18 WITNESSES GR ANTOR Cln OF fNCI f D A MUNICIPAL CORJ>(lRJ.T IUN STATE OF COLOIIAOO, I C:OU..oy ot I . O.v ot -------·'' ~·----------------------------------- Mv~·~------------------Wt"'-t my hilnd end off~ ..., • It .............. '-~ ... __.._.._~tho ........ -...... ..... u~~ ....... ..,.._ .... • I • • • • - l c f ~ ... ~ ,... on ... 1 "x: -< g .. J: ' ,...~ !. "' on ""' 0 )> 8~ .. "' .. ~ .. "' z .. z ... STATE Of <XlLORAOO, I Counry of 1" -----do\~ of ______ _ •e ____ ~·------------------ STAT£ Of OOLORAOO I Cowu)'of J" _____ c~o ••• ______ _ 11__ .. ·-------------•t'IGOI0<-1 -------------•'...,"•"tiMCreuw-yot _____________ .acar-pOrlf O'I I • • . ,,.,"'e ~offlc ... o.t _.,.,..,. -·~ • • • ORDINANCE NO.~ SERIES OF 1985 • • - BY A UTHOHITY 9 C OUNCIL BILL NO. 38 INTRODUCED BY COUNCIL !\1EMBER BIT a AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY TO TRANs- PER THE CITY'S INTEREST IN THE DEED AND AGREEMENT BETWEEN THE CITY OF ENGLEWOOU AND KRAVCO, INC. EAST OF ELATI STREET TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OD, COLO RADO, A FOLLOWS: Section 1. There is hereby approved the following agreement: COOPERATION AGREEMENT THIS AGREEMENT, dated ttl of May 20, 19ili, (the "Cooperation Agreement"), is made by and between the CITY OF ENGLEWOOD, COLORADO (the "City"), a municipal corporation and home rule charter city organized and existing under the Con titulion and the laws of the tate of Colorado, and the ENGLEWOOD URBAN RENEWAL AUTHORITY (the "Authority"), a body corporate and politic of the State of Colorado. RE ITALS A. In furtherance of the objectives of the Colorado Urban Renewal Law, S31- 25-101, et ~·· C.R.S., the C ity has approved and the Authority is carrying out an urban renewal project known as the "Englewood Downtown Redevelopment Project" (the "Project") in an area (the "Project Area") pursuant to an urban renewal plan known as the "Englewood Uowntown Redevelopment Plan" (the "Urban Renewal Plan "), which was approved and adopted by th C1 ty Council of the ity on August 23, 1982, by Resolution No. 39, Ser1e of 1!182, IJ amend d D cember 21, 1982, by Resolution o. 54, Ser1e of 1 !182, amended !\1arch 26, 19 4, by Resolution o. 9, r1 of 1984, amended Apr1l 30, 1!184, by R solution No. 18, r1es of 1 4, am nded Oc tober 29, 1984, by Resolution No. 40, Series of 1984. B. In accordanc With S 31-25-112, C .R .. , nd m furtherance of the Urban Renewal Plan, the C ity de 1res to cooperat w1th the uthonty by transferring to th Authority tJt1e to c rtam r al property, Ubjcct to the term and condition herem tated. C. The partie have determmed that th transfer and use of such real property in accordance with the terms and conditions of the ooperatJon Agr ement are m th be t interest of the City and th Authority and protective of the h alth, afety, morals, and welfare of the re 1den of th l ty; and that uch use is co i tent with the public purpose and the requirem nt und r wh1 h th ProJect has b en und rta en • • I • • • • • - AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties he r eto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as fotlows: 1. Agreement to Transfer Property. The City, upon the following terms, covenants and conditions, agrees t o transfer to the Authority all of its right, title and interest in and to the real property described in Exhibit A, attached hereto and hereby made a part hereof {the "Property"). No monetary consideration will be required from the Authority for the Property. 2. Covenants of Authority. The Authority agrees to dispose of the Property in accordance with the requirements of the Colorado Urban Renewal Law subject to the following terms and condit ion : {a) The Authority may di pose of the Property to a redeveloper under a development plan proposed by such redeveloper and approved by the City and the Authority pursuant to a redevelopment agreement between such redeveloper and the Authority, provided that the Authority or the redeveloper has first acquired and included in said development plan the interests of the grantors and any beneficiary claiming any rights by, through or under said grantors set forth in that certain Deed and Agreement, dated November 3, 1968, recorded April 14.-,_l.~~. ip Book 1807, Page 1713 of the records of the Clerk and Recorder, Je"e•SOt(7~fY'/tolorado. It is the intention of the City that the Property be conveyed to such redeveloper only if the parking covenants and reservation of right applicable to the Property and reserved by grantors shall have first been acquired, relinquished, waived or otherwise rendered null and void by said redeveloper. {b) The Authority shall dispose of the Property to a qualified redeveloper s ubject to aU the terms and conditions of a redevelopment agreement that requires, among other things , the redeveloper t o undertake construction and completion of improvements required by the development agr ement within a specified time period, that the use and building requirements of the Urban Renewal Plan shaU be made applicable to the Property and, that in addition to other rights and remedie re erved by the Authority in uch redevelopment agreement, the Authority shall reserve a right of re-entry in favor of the uthorlty if aid redevelop r defaults in it obligations and covenant under the redevelopment agreement. {c) I! on or before December 31, 1985, th Authority i unable to convey title to the Property to a red vcloper in accordanc w1th the term and conditions her of or, if aft r uch onveyance it reacqUire title to and p e ion of th Property, th Author1t II, upon wr1tten not1c from th It , immediately reconvey to the City ueh t1t1e to th Property it has r ceived from the 1ty. 3. construed 1n a ooperation Agreem nt hall be governed by and tate of Colorado. ction heading 1n th1 ooperation greement are mclud d of r ord only and hall not onsutute a part th is Cooperation r pur e. WIT L ~ IH .. REOf, th partie h r to hsve caused thi ooperstion Agree- ment to be ex uted nd d liv red by the1r r p ct1v duly suthorized officer of the date fir t bov wr1tt n. 2 • I • - • • • • CITY OF ENGLEWOOD, COLORADO By ____________________________ _ Mayor ATTEST: City Clerk ENGLEWOOD URBAN RENEWAL AUTHORITY By __________________________ __ Chairman ATTEST: Section 2. The City Council authorizes the Mayor and the ex officio City Clerk to sign for and in behalf of the City of Englewood, Colorado. Introduced, read in full, and pe..ssed on first reading on the 20th day of May 1985. ---- Published as a Bill for an Ordinance on the 22nd day of May, 1985. Read by title and pa ed on final reading on the~ day of June, 1985. Published by title as Ordinance No.~ , Series of 1985, on the ~ day of June, 1985. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 3 • I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on f inal reading and published by title as Ordinance No.&. Series of 1985. Gary R. Higbee 4 I • • - • • • • • I Ak Cfl EAf,T 0 1 WI::STFKJ .Y kl <o HT-1! -WA Y F 5 0 U1H EL AT I STIU. 1 I'.N D SlJU 1!1 CJ r S (UT HERl.Y RI GHT -Or -WIIY OF WI:S1 FLOYD AVEN UE:: (l:x c ludes Texac o S erv l c e • Slat ion ): • Commencing at the NW corner of the SW~SW~ Section 34, Township 4 South, Range 68 W st of th 6th P.M.; thence easterly along the n o rth line of the s~sw~ of said Section 34 a distance of 946.3 feet to a point on the west line of South Elat1 Street; thence on an angle to the r1ght of 89° 53' 19" a distance of 66.0 feet to the True Point of Beginn1ng. Said True Point of Beginning being on the southerly right-of-way line of West Floyd Avenue as d s c ribed in Book 180 7, Page 728 Arapahoe County records; thence easterly along said right-of-way a distance of 44.8±feet to a po1nt on the west boWldary of a parcel "L" described in Book 1807, Page 728 Arapahoe County records; thence southerly along said west boundary a dis- tance of 149 .5 feet; thenc e easterly on an angle to the left of 90° 06' 00" a distance of 150 feet; thence northerly on an angle to the left of 89° 54' 0 0 " a dis ance of 149.5 feet to a point on the southerly right-of-way line of West Floyd Avenue; thence easterly along said right-of-way a d1stance of 35.5 feet; thence on a curve to the right with a radius of 339.24 feet and a delta of 15° 53' 30 " a d1stance of 94.3 feet; thence continuing along said right-of-way a distanc e of 4 0 9.4 feet to a point on the centerl1n e of South Cherokee Street; thenc e easterly on an angle to the left of 15 53' 30" a distance of 8.00 feet to a point on the west line of a tract recorded in Book 1653, Page 278, Arapahoe County records ; thence southerly on an angle to the right of 89° 55' 1 0 " and along said west line a distance of 382.75 feet to a point hereinafter called point "A"; thence on an angle to the left of 70° 22' 10" a distance of 1 5 0.76 feet; thence on an angle to the right of 70° 22' 10" a distance of 4 .37 feet to a point on the north line of McKinley's Subdivision; thence on an angle to the right of 109° 37' 50" and along the north l1ne of McKinley's Subdivision a distance of 185.82 feet to a point on the west line of South Cherokee Street; thence on an angle to the left of 19° 3 7 ' 45" and along the north line of McKinley's Subdivision a distance of 311.15 feet to the east line of the sw~sw~ of said Section 34 ; thence on an angle to the left of 89° 59' 21" and along said east l1ne a distance of 56.82 feet to the SE corner of the NE~sw~sw~ of sa i d Sect1on 34: thence on angle to the right of 90° 02' 5u" along the south line of the NE~SW~Sw~ of said Sec t ion 34 a distance of 37 5 .14 feet to a point on the west line of South Elatl Street;*thence northerly on an angle to the right of 89° 58' 17 " a distance of 596 feet to the True Point of Beg1nn1ng. EX CEPT all recorded a n d unrecorded easement s a nd except fo r Parcel "F" and "G" which a r le nlly describ d in Book 1807 at Pag 726 of the Ar apahoe Cou n ty r co r d • , I - • C 0 U N C I l DATE May 29, 1985 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM ~F SUBJECT Schedultng of Publi c:-Hearing f o Am endment to Do wntown Redevel o p ment Plan INITIATED BY Urban Re newa l Authority .i.adgup] opmeot pl ep BACKGROUND: Over the past six months , there have b en changes in th plans for redev l o ping down- town Engl wood , which must b r fl cted in the Do wntown Redevelopment Plan. In o rd e r to make thes changes , it is n cessary for the Planning and Zoning Commission to r - view the changes and find them consisten t with th Engle od Comprehensive Plan. Th City Council must then hold a Public Hearing o n th amendment. Thi Public Hearing must be advertis d t 1 ast 15 days prior to th Public H aring . The details of the amendm nts will be forwarded t o th City Council prior t o the Public Hearing. RECOMMENDATION: It is r commend d that the Ci ty Council sch dule Public H aring t o cun l d tcr e nd - m nts to th Downtown Red velopment Plan on July 1, 1985 at 7:30 P. • I • • • • • • - 1 A BY AUTHORITY ORDINANCE NO. a SERIES of 1985 COUNCIL BILL NO . 34 INTRODUCED B~.~OV·~N~C~l~L- MEMBER &.a.d4/JL).W AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD , COLORADO , AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION WATER REFUNDING BON"S OF THE CITY IN THE PRINCIPAL AMOUNT OF $5,325,000 FOR THE PURPOSE OF REFUNDING OUTSTANDING INDEBTEDNESS OF THE CITY: PRESCRIBING THE FORM OF THE BONDS : PROVIDING FOR THE LEVY OF AD VALOREM TAXES TO PAY THE SA"'E; PROVIDING FOR THE PROCEEDS OF THE BONDS TO BE DEPOSITED IN A SEPARATE TRUST ACCOUNT FOR THE PAYMENT OF THE BONDS BEING REFUNDED; AND PROVIDING OTHE R DETAILS IN CONNECTION THEREWITH . \'JHEREAS, the City of Englewood, Colorado (the "City"), has heretofore duly author ized , sold, is sued and delivered to the purchasers thereof $8,455,000 of its General Obliqation Refundin Water Bonds, Series 1978, dated August 1, 1978 , (the "1978 Bonds") of which issue there now remains outstanding the total amount of $4 ,74 0,000, in the denomination of $5,000 each, payable semiannually on June 1 and December maturing serially on December 1 as follows: Arn o unt Hatur i t:i $245,000 1985 260 ,000 1986 275 ,000 1987 $300,000 1988 315,000 1989 34 5,000 1990 365 ,000 1991 3 5 ,000 1992 $420,000 1993 445,000 1994 4 85 ,000 19 5 515 ,000 1996 375 ,000 1997 bearing interest 1 each year and Interest Rate 6 .00 6 .00 6 .00 6 .00\ 6 . 00 6 .oo 6.00 6 .00 6 .00\ 6 .00 6 .00 6 .00 6 .00 Bonds of this issue maturing on or after August 1 , 1988, are redeemahle at the option of the City on Augu st 1, 1987, and on -22 - • I • • • • - any interest paym nt da thereafter , in invers numer1cal ord r:, • upon payment of par and accruecl i nter:es and • WHEREAS, the principal of and interest on the 1978 Oond are payable at The First Natio nal Bank of En lc-..oorl , Enqle 0 ri, Co lorado; and 11HEREAS , the Ci y h s also uly authorized , sol , issued and delivered to th purchasers there of $1,300,000 o its General Obliga i on l·lat er Bonds, Series 1980, dated June 1 , 1980 (the "1 980 Bonds" l of wh ich issue here now remain s outst ndinq the total a moun f $1 ,260 ,000 , in h d nomina ion o f $5 ,000 eac h, bearinq interest payable s mi-annually on and m turinq serially on Dec mber Am ount Ma Ut" i $250,000 198 5 250 ,000 1986 250,000 198 250 ,000 1988 260 ,000 198 9 un l , y 1 an Deccmbe r l eac h year, as follows : Int Rate 7 .so 6 .60 6 . 70 6 .75 6 .80 Bonds of this issue maturin on or: f r: Dec m be r l , 1986 , ar e redeemable t th option of th~ City on December 1, 1 985, and on ny int eres p y en e h rea er , in inver se numerical order , u pon payl"l nt o p r , accru ed interest and a premium of 1 l /2% of the principal oun t be re emed ; nd WHER E I\S, he princioa 1 of an in res o n are payabl a The First N tion 1 Bank o Enql wood , Co lora o ; and WHEREAS, none of he 1978 Son s n h 8 0 Bon s in En lewo h 1 80 Bon (call ctively , th "OU s rlndin Bon s ") h ve here fore been refun e , nor h v any of the s I'IC been r ee11 d 0 () ~e rwise paid , cancel! d , or r tir by th City ; an WHEREAS, f r ext nd with the City 's financial ai vis r , i Ci y Council tha by enter:inq into proqram at thi s time , the Ci y can r iscussions .:lni onsul ion h s been d termine by th e nd comol"tin a r:efun in1 uce th e total principal ancl interest payabl on the Out·t ndinq Bonds ; n -23 - • I • • • • • • - ~~HEREAS, the Ci y Council has determined and hereby • determines ha i is in he bes intere ts of he City , and the inhabitants and taxpayers thereof , that the Outstanding Bonds described above in the to al amount of $6 ,690 ,000 be ref u nd ed and that refunding b onds be issued in the princi~al amount of $5 ,325 ,000 for such purpose; and • • • ~1HEREAS , the City has in i s tr ea sury and legally available for such purpose , he amount of $195,178 .50(the "Es crow Supplement"), which the Ci y Council has determined and hereby determines to alloca e , wi h the proce ds of sai to supplemen th same, or th purnose f paying and interest on said f)u s andinq Bon c1s at refun ing bonds , he principal of heir r espec ive maturities as is hereina r more sp cifically se forth; and WHEREAS , th e proceeds deriv d from th e sale of said refunding bon s , tog her wi h the Escrow Supplemen I after payment of th e costs an xpenses of th refun in proce ure, shall be placed in a special fund n trust account, to be established as herein authorized , for the puroos only of paying the Outstanding Bonds b inq refunded, as o principal n d interest as they become due an p yable , all as i s more particularly hereinafter set forth; BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY Of' ENGLEI-.QO D, COLORADO : Sect ion 1. ion . In accor nee with the Chart r of the City , Article 56 , c .R.s ., the Constitu io n of the State of Colora o ; an all other laws of the State of Colorado thereunto enahlinq , the City shall issue its qeneral obliqa ion wat r r fun inq honds ch to b desiqn d "General Obliqation 1-Jat r R fun inq Bond , Se ri es 1985", (the "Refunctinq Bon s" or "Bon s") in the to al principal amoun of $5,325,000, for the purpos of refundin h Outstanding Bonds , which the City Council has et t-mined to r fund. Th Bonds sh 11 constitute g neral obli tions o th City , nd th ull faith nd credit of tho Ci y shall be pledged for th ir payment . Section 2. Bond Details. Th Bonds shall b issu d only ~s fully registered Bonds with u coupon in the d nomin tion -24 - • I • • • • • • • • • of $5 ,000 e ch or any in eq ral multiple thereof . Unless the Ci y shall otherwis dirPct, the r gis tered Bon s s hall be numberc j separately fr om 1 upward , with he num b er of each Bon d pre ceded by "R-". The Bonds s hall b dated as o f July l , 1985 , nct sh ll bear interest oayabl e semiannually o n Pebruary l an ct '\uqu s 1 each yea r, commencin on Pebruary 1 , 1986 , and shall mature on Au qus each y ear , as follow<>: Am ou nt $830 ,000 44 5 ,000 480 ,000 510 ,00 280 ,000 $30 0 ,000 330 ,000 360 ,000 390 ,000 4 35 ,000 $4 75 ,000 4 90 ,000 Ha uri ty 1996 1<l87 1 ~8 1989 1 0 1991 19 2 199 3 I 4 1 95 6 7 In t erest Ra e 9 .0 % ~ a:s- 8 .375 8 .375 8 .375 8 .375 -=;-:a--=;-:a- 7:() 7.0 ' -g-:-z- Th e maximu!'l ne e fee ive in o r s ra, u ho r ize o r th is i ssue of Bonds is 7. 7005~ per ann and he ctual n~t effecti v e interest rat is7_.70058% ner annum . Se c t i o n 3 • .:.P~.;;.;..::;.;.;..;::_.c:.:._:::.::..:.=~-:.....::..<...=..:..:..:.---..:..:..:...:::..:.:..::.__.:.;:..:.:::.._..:.:.;;.:.;..:....:. Reqis rar . The principal payable in lawful 1'1 ney o f h ni j S a OS of o\'1\ ri c to h registered own r o f each Boncl unon pre sen at ion a he princip 1 office of The Firs Na ion 1 11.1 nk of Cnq 1 woorl, in Enq1 01 , Colo rado , o r i s ucc ssor , as r> yinq q n he "Paying en"). Notwithstanding anythin g contained in his Orctin nee to the contrary, inter st on ny Bon is pay'lhlo o the p rson in wh ose namo such Bond is r eg istered , a his 1ress s i appe'lrs o n he registration boo ks maintainer! by o r n b 1a1f of he Ci y by The First National Bank o f En lowoo , in Engl wood , Color o , o r its successor, as bon re istrar (the "Bond Re istrar"), t he close o f bu si ness on the fifteenth (15th) ay o f the calenJ r month n e x -25 - • I • • • - preceding each interest payment date (the "Re cord Da e " l, • irrespective of any ransf er or exchange of such Bond suhsequen to such Record Date and prior to such interest paymen da ':'l . Such payment shall be paid by check or raft of the Payi nq Agent . • • • The principal of , premium if ny , an interes on he Bonds shall be pai in accordance wi h the terms o f "Bond P yinq Agent and Registrar Agreement " between the City nd The First National Ba nk of Enqlewood , En glewood , Colorado . Section 4. Prior Re demptio n. Bonds maturing on an after August 1 , 199 4, a r e subject to redemption prior to maturity , at the op ion of the City , as a whole or in integral mul iples of $5 ,000 , in inverse orde r of maturity, on Auqus 1, 1993 , and on any inte r est payment da e thereaf er , upon payment of par , accrued interest , and a premium of 1.0 % of the principal amount so redeemed . If less than all of the Bonds within a maturity are to be redeemed on any prior redemption da e , the Bonds to b e redeemed shall be selected by lot not less han forty-five (45) d ys prior to the date fixed for redemption , in such manner as the Bond Registrar shall determine . The Bonds shall be redeemed only in integral multiples o $5 ,000 . In the event a Bon is of a denomination larg r than $5 ,000 , portion of such Bon redeemed , but only in he principal amount of $5 ,000 integral multiple thereof. Such Bond shall be traate may be or any for the purpose of redeMption as tha nuMber of Bonds whi ch results from dividinq the principal amoun of such Bon by $5 ,000 . In the even ny th e Bonrls or p r ions there of (which shall be in amoun s equal o $5,000 or ny inteqral "lultipl thereof) are call or re mp ion as aforesaid, notice there of identifying the Bon s or por ions thereof to be re e med will be given by the Bon R gistrar by mailin a copy o f the re emp tion notice by first cl ss mail (posta e prepaid), not less than thirty (30) days prior to the date fixed for redemption , to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the registr tion books rnaintaine by or on behalf of the City by the Bond Registrar . Failure t o give such -26 - • I • • • • • • • .. - notice by mailing to any bondownet", ot" any defect thet"ein , shall not affect the validity of any pt"ocee ing fot" th e t"ede,ption of othet" Bonds. All Bonds so cal led fot" t"edemption wi 11 c e ase to beat" intet"est aftet" the specified t"edempti o n date, pt"ovided f nds fot" theit" t"ed emp ti o n at"e on deposit at the place o f payment at that time. Section 5 . Fot"m and Execution of Bonds . The Bo n ds shall be signed with the facsimile Ot" manual signature of the Mayot" of the City, sealed with a facsimile Ot" manual impt"ession o f the seal of the Ci y, and at es t ed by the facsimile Ot" manual signatut"e of the Dit"ector of Finance , e x-offi cio City Clet"k of the City . Should any officer whose facsimile Ot" ma n ual signature appears on the Bonds cease to b such o ffi ce!:" befot"e delivet"y of the Bonds to th e put"chaset", such facsimile Ot" manual signa Ut"e shall nevertheless be valid and suff i cie nt for al l put"poses . The Bonds shal l be in substantially t he followi ~ f ot"m : -27 - • ) I • • • • No . R-___ _ • • - [Form of Bond] [Front of Bond] UNITEO STATES OF AMERIC STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD s ___ _ GENERAL OBLIGATION WATER REFUNDING BO D, SERIES 1985 INTEREST RATE MATURITY DATE REGISTERED 0\'INER: PRINCIPAL AMOUNT: ORIG I NAL ISSUE DATE JULY 1 , 1985 DOLLARS The City of Englewoon, in the County of Arapahoe and State of Co lorad o , for value received , hereby acknowl edges itself indebted a n d promises to pay to the registered owner named above, or registered assign s , on the rna urity dat specified above , the principal amount soecifie above , and in like manner to pay interest on such principal amount (compu e on he basis of a 360 -day year of t welve 30-y months) from th 'nter st payment date next precedin the date of registration an au hen ica ion of this Bond , unless this Bond is registere and au h nticate prior to February l, 1986, in whi ch even this Bond shall b r interest from July 1, 1985 , at the in res rate oer annum soecified above , oayable semiannu lly on February l and Auguo; ach year, commencin on F bru ry 1 , 1981), un i l such principal amount is pai , unless his Bonrt shall have been previously called for redemption and p yment shall hav been uly providert for or made . The principal ot his Bond and premium , if any, repayable in lawful money of the Unitert ta es of Americ to the register owner upon presentation at The First National Bank of Englewood, in Englewood, Colorado , or i s successor , as P yinq Age~t . -28 - • I • • • • • • - Payment of each installment of interest shall be made to the registered owner here o f whose name shall appedr on th e registration books of the City maintained by or on behalf of the City by The First National Bank of Englewood, in Enqlewood, Colorado, or its successor, as Flond Reqistrar, at the close o f business on the fifteenth (15th) day of the calendar month next precedinq each interest payment date (the "Record Date"), and shall be paid by check or draft of the Payinq Agent Mailed to such registered owner at his address as it appears on such registration books . REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE . This Bond shall not be v a lid or become obligatory for any purpose or be entitled to any security o r benefit under the authorizing Bond Ordinance until the certificate of authentication hereon shall have been signed by he Bond Registrar • the City Council of the City of IN TESTIMONY WHEREOF, Enqlewood , has caused this sond to be signed by the facsimile signature of the Mayor of the Ci y , sealed with a facsimile of the seal of the City, and attested by the facsimile sin ture of he Director of Finance, ex-officio Ci y Clerk , all as of the lst day of July , 198 s . (FACSIMILE SEAL) ATTESTED: sy: ____ ~(~Fra~c~s~i~m~i~l~e~S~i~q~n~t~u~r~e~l __ _ Director of Finance, ex-officio City Clerk CITY OF ENGLEHOOD, COLORADO By: ____ ~(~Fa~c~s~i~m~i~l~e~~S~i~g~n~a~t~u~r~e~l __ _ :1ayor -29 - • I • • • • • .. lForm of Bond Registrar's Certificate of Authe ntication) CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Bond Resolution . Date of Registration a n d Authentication : The First National Bank of Englewood, Englewood , Colorado , as Bond Registrar By : __ ~--~~--~~----------Authorized S1gnatory -30 - I • • • • • • • - [Back of Bond] AD DITIONAL PROVISIO S 'nlis Bond is one of a series ag rega inq Five Milli on One Hundred Eighty Thousand Dollars ($5 ,180 ,000) par value , 11 o f like date , ten or , and effect except as to number, p rincip 1 amount , interest rate, and date of maturity , issued by he City Cou n cil of the City of Englewood , in the County of Arap hoe and State of Colorado , for the purpose of refun din outst ndin ge n eral obligation water bonds of t h e City , and for the payment of costs nd exp nscs incidental to such refun din , by vir ue of and in full conformity with the Home Rule Charter of th City , t he constitu ion of the State of Colorado , Title ll, t..rticle 56 , C .R .S ., and all other laws of the State of Colora o thereunto enabling , and pursuant to the duly adopted Or inance u horizinq the issuance of this Bond . Pursuant to Section ll-56-1 07(6) o f said Article 56 , such recital shall conclusively imp r full compliance with all of the provisions of s;sicl Arti cl , an his Bond issued containing such r cital is incontestahl for any cause wh atsoever after its delivery for value . It is hereby recitert , certified, and warranted that all of the requirements of 1 w have been fully complied with by the prop r o ffic rs in issuing t his Bond . It is her eby further recited , ce rtified , n w rr nted that the total inde btedness of the Ci ty , incl udin that o f this Bond , does not exceed any limit prescribed by the City Char ter , or the constitution or laws o f the St te of Co l o r ado ; h this Bond w s authorized by an ordinanc passed n ado("lt d prior t o the issuance hereof; and that provision has been made for the levy and collection of an ad valorem tax on all of the taxable property with in the City , with out limitation f rate or amount , o the extent o her funds re not made va ilable for such paymen s , sufficien to pay the principal of and interest on this Bon as the same respectively become due • -31 - • I • • - • • • • - The full faith and credi t of the City are hereby pledged for th e punc ual payment of th e principal of and int e r est o n this Bond . Bonds of this issue, of which this Rond is o n e , ~a rinq on and after August 1 , 1994, are subject to redemp ion pri o r o maturity, at the optio n of the City, as a whole or in i ntegral multiples of $5,000, in inverse order of maturity, and if less than an entire maturity is to be redeemed, then by l o t wi hin such maturity , on August 1, 1993 , and o n any interest payme nt date thereafter, upon payment of par, accrued interest, and a premium of 1.0% of the principal amount so redeemed. The Bonds will be redeemed only in integral multiples of $5 ,000 . In the event a Bond is of a denomination larger than $5 ,000 , a portion of such Bond may be redeemed, but only in the principal amount of $5 ,000 or any in tegral multiple thereof . such Bond will be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bond by $5,000 . Notice of prior redemption shall be given by mailing a copy of the redemption notice, not less than thirty (30) days prior to the date fixed for redemption, t o the registered owner of this Bond at the address shown o n the registrati on b o ks maintained by the Bond Re is r r, in the manner set forth in the authorizin Bond Ordinance . All nos called for redemption will cease to b ar interest after the specified redempti on date , provided funds for their redemption are on deposit at the place of payment at that time. The City and the Bond Registrar shall not be required t o issue or transfer any Bonds: (1} during a period beginning on the Record Date and endin a he close of business on the ensuing interest p yment da e , or (2} during the period beginnin on any date of selection of Rends be redeemed and endin on the day on which the applicable notice of redemption is given. The Bond Reqistrar shall not be r equired to transfer ny Bonds selec ted or called for redempti on , in wh o le r in part . The City , the Paying Agent, and the Bond Registrar may deem and treat the registered -32 - • I • • • • - owner of any Bond as the absolute owner thereof for all ~urposes (whether or not such Bond shall be overdue) and any notice to the co ntrary shall not be binding upon the City , the Paying Agent, or the 8ond Registrar. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writin , t the principal office of the Bond Registrar, but only in the manner, subject to the limitations, and upon payment of the charges provided in the authorizing Bond Ordinance and upon surrender and cancellation of this Bond. This Bond may be transferred upon the registra ion books upon delivery to the Bond Regis rar o f this Bond, accompanied by a writt en instru~ent or instrume nts of transfer in form and with guaranty of signature satisfactory to the Bond Regis rar, duly executed by the owner of this Bond or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of the Bond, along with the social security number or federal emoloyer i enti fication number of such transferee. In the even of the transfer of this • Rond, the Bond Registrar shall enter the transfer of wner s hip in the registration books and shall authen ticate and deliver in the name of the transf eree or transferees a new fully registered bond or bonds of authorized denomin.1ti o ns of the same maturity and • • interest rate for the agqregate principal amoun which the registered owner is entitled to receive t the earlies t practicable time . The Bond Registrar may charge the o wn er of this Bond for every such transfer an amount sufficient t o reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with rosp ct to such transfer • -33 - • , I • • • • • • - [Form of Transfer] .1\SS IGNM ENT FOR VALUE RECEIVED , he undersigned sells, assi ns, an transfers unto SOCIAL SECURITY OR FEDERAL EMPLOYER IDENTIFICATION NUMBER OF ASSI GNEE (Name an Address of Assi nee) the with in Bond and does hereby irr vocably cons i u e n appoint --------~~----~~--~~----~~~~--~----~------~-----' a o rn y, to transfer said Bond on the bo o ks k pt f o r reqio;trati n Lhere o f with full power of substi ution in the premises. Dated=-------------------------------------- Signature of Regist red Owner : NOTICE: The signature t this assignm n musL correspond with the name of the registered owner as i appears upon the face of the within Bond in every particular, wi thou alteration or enlargement or any chanqe wh tever. Signature guaranteed : (Bank, Trust companr, or Firm) -34 - • I • • • • • • • • Section 6. Authentica ion. No Bond shall be valid or obligato ry f o r any purpose or be entitled to any secur i y o r benefit under this Ordinance unles s an until a ce rtifi cate of authentication o n such Bond substantially in the f o rm hereinabove set for h shall have been duly executed by the Bond Registrar , nd such execu ed certificate o f the Bon Re gis trar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance . The Bond Registrar 's cer t ificate of au t hentication on any Bond shall be deemed t o hav been executed by it if signed by an authorized officer or signatory of the Bond Regis rar , but it shall not be necessary that the same officer or signat o ry sign the certificate o f auth entication on all of the Bonds issued hereunder . Section 7 . Delivery o f Bonds. Upon the adoption of this Ordinance , th Ci ty shall execute th e Bonds and deliver them to the Bond Registrar , and he Bon R gistrar shall authenticate the Bonds a n d deliver them to he purchasers there o f , as directed by the City , and in accor.1 nc wi h a ~B ond Purchase Agrement" between the City and Uni ed Bank of Denver Denve r , Colorado (the "Underwriter"). Section 8 . Persons Treated as Owners . books of th e City for the registration of ownership of e ch Bond s provided in this Ordinance . Bonds may be transferre upon the registration bo ks upon delivery of th Ronds t o the Bond Registrar, accompanied by a written instrument or instruments o f transfer in form nd with guaranty of si n ture sa isfactory to he Bond Registrar, uly execut d by he o wn er of th Bonds to be transferred or his attorney-in-fact or legal representative, containin writt n instruc ions as t the et ils of the r nsfer of such Bonds, along with th social s curi y number or federal employer id ntific ti o n number of such tr nsf r o r nsfer of ny Bond shall be effective unti 1 ntere d on th e r gis trati o n books. In all cases of the trans r of a Bon , h Bond Registr r shall enter the tr nsfer of ownership in the -35 - • I • • • • - regist~ation b ooks and shall authenticate and deliv e ~ in th e name o f the transfe~ee o~ ransferees a n e w fully regt s e~ej '1ond o~ Bonds of authorized denominations of the same ~a t u ~i y n d inte~est ~ate for the agg~egate p~incipal amoun "'h i ch he registered p~acticable Ordinance. owner time i s in entitle accordanc e to ~eceive wit h the at he p~ov i sions earliest f his The Bond Registrar may cha~ge the owne~ of s ch Bo n for every such t~ansfe~ of a Bond n anount suf fi c ient to reimburse it fo~ its reasonable fees and for any tax o r othe~ governmental ch arge requi~ed to be oai transfer . with ~esp ect t o such The Ci ty and Bond Regist~a~ shall not he required t o issue or transf er any Flon:lc;: (l) urin11 a period b eqinnin o n th Record Date and ending at the close of b usiness on th e ensuinq interest payment date , o~ (2) date of selection of Bo nds t which the applicable n o tice urinq the pe~iod begin ni n') on a ny he ~e deemed an ending o n t h e day on o f ~edeMoti o n i s q iven. The Bo n d Registrar shall not be r eq uired t o tran · e ~ a ny Bo nd s selec t e or called fo~ re d mp ion , i n whol e J~ in pa ~ New Bonds delivered upon any transfe~ shal l be v alid general obliga ions of he Ci ty, vid n inq h s m ob li ~a ti on s the Bonds sur~e nd red , shal l be secu~ed b y this Or in anc e , and shall be entitled to all o f the secu~ity and benefit s he~eof t o the same extent s the Bonds su~rende ~e • The City, th e Paying Agent , and the Bond Registr a~ :n ay deem and treat the ~egistered o wner o f any Bond as the absolute o wner the~ of f or all pu~pos s (whe h e~ o~ n ot such Bond s hall be ove rdue), and any no i c t o h the City, the Paying Agent, o ~ S cti on 9 . stand in Bond shall b cancella ti o n pursuan principal amount nd int res con ~ ~Y shal l n o oe bin1t~1 u he nd Rcqis tr ~. IVI'Ieneve~ .!ny ~e aond Re is ~ ~ n upon payment of outstandinq Bond s hall b deli ve~ hereby , o~ wh never to the Bond Reqis ~ ~ n t- ~0~ ~ any for b t~ nsf e ~ purs •Jant o the provisions he~ of , such Bon s"'all cancellet1 and dest~oyed by the Bond Registrar and c o unt e r-par s of -36 - I • • • • • • - a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar o the City • Section 10 . Lost Bonds . Any Bond that is lost, stolen, destroyed , or mu t ilated may be replaced or paid by the Bond Registrar in accordance with and subject to the limitations of applicable law . The applicant for any such replacement Bond shall post such security , pay such costs , a nd p r esent such proof of o wn e r ship and loss as may be required b y applicab l e law, or in the absence of specific requirements , as may be r equired by the Bond Registrar . Section 11. Disposi ion anrl Investment o f Bond Proceeds , The Bonds shall be issued and sold for the purpose of payi n q the costs of refunding outstanding gene r al obligation water bo nds of the City , and for the payme n t of costs and expenses incide n tal to such refunding . Neither the Underwriter nor any subsequent owners of the Bonds shall be responsible for the application or disposal by the City or any of its officers of the funds rler ived from the sale thereof. All or any portion of the Bond [)roceeds may be temporarily i nves te or reinvested , pending such use , in securiti s or obli a ions which are la wful investments . It is here by covenanted and agreed by the City that the tempera ry inv estment or reinvestment of the origi n al proceeds of the Bonds , or of any moneys treated as proceeds of the Bonds within the meaning of Section l03(c) of the Internal Revenue Code of 1954 , as amended (the "Code"), a n d pertinent reg u lations , rulings , and decisions, shall be of such nature and extent , for such period , and at such yield, that the Bonds shall not be or become arbitrage bonds within the meaning of Section 103(c) of the Code and pertinent regulations , rulings, and decisions . Section 12 . Pledge of Ad Valorem Taxes. If necessary , the interest to become due on the Bonds through shall be advanced from any revenues or funds of available for such purpose , including , but not accrued interest on the Bonds to be paid by the date of delivery . For the purpose of reimbursing December l, 198 5, the City lawfully 1 irni ted to, the purchaser on the said advance nd -37 - • I • • • - paying the interest on and principal of the Bon ds • become due an payable resp cti vely, there shall be levi ed by he Board of County Commissioners of the Cou nty of Ar apahoe , Colorado , o n all o f th e taxable pcoperty i n the City , in addition to all ot her tax es , dire ct annual taxes in eac h of th e years 19 85 t o 1997, inclusive, sufficien to make such r eimbu r semen and pay th e interest on and principal of the Bonds as the same become due and payable, respective ly, to the e xt ent o th er fun ds ar.e not made available for such payments. Such ad valorem taxes s h all be levied in addition to all o th er taxes levied to effect th e pur- poses of the City, including taxes levi ed to meet he Ci ty's ope rati o n and maintenance expe n ses . s the s me • Th e re is hereby established th e "City of Englewood Principal and Int e rest Fund, 1985" (th e "Bon d Fund"). Said taxes '"hen collected shall be depo sited i n the Bond Fund and ppl ied solely for th e repayment of said advance and th e payment of the principal of anr! in teres o n the Bonds, respectively, until the Bonds, as to both principal and interest , shall be fully pair!, satisfied, and disch r ed ; provided , however, that nothing herein contained shall be so construe as t o preven the City from applying any o ther funds or revenues that may be in the r easury of th Ci y an available for that purpose , t o the payment of the p rinci pal of or int r st n the Bonds as the same r espectively mature and accru , n uoon th e applicatio n of any other such f un ds or revenu s as foresaid , the mill l e vy or levies herein provided may thereupo n to that exte nt be diminished . The foregoin provisions of this Ordinance are hereby declared to b thH certificat> of the City Council to the Board of County Commissioners of Arapahoe County , Colorado, showing the aggregate mount o taxes to be 1 vi d for the purposes f o resaid by s id oard f County Comm issioners from tim to ime , s r quired by law , for the purpose of reimbursing said a vance , if ny , and paying the principal of nd the interest on the Bonds s he s me h reafter mature or ace rue . The amounts necessary to pay all incident 1 to th issuance of said Bonds an -38 - • costs an expenses the mounts herein-I • • • • above provided t o pay the interest on said Bonds and to discharge • the principal thereof when due a re hereby appropriated for said purposes , and such amounts as appr o priate for each year shall also be included in th e annua l budget and the appropriation bills to be adopted and passed by the City Council in each year, res pec tively, until the Bonds have been fully paid , satisfied, and discharge • It shall be th e du ty of the City Co un ci 1 of th e City, annually, at the time and in the manner provided by law f o r levying other City taxes, if such action shall be n ecessa ry t o effectuate the provisions of this Ordina nce , t o ratify and carry out the provisions hereof with ref ere nce t o the l e vying and collection of taxes; and the City Council shall levy , certify an collect said taxes in th e manner provided by law f or th e purpose of creating an account for the payment of the pri n cipal o f the Bonds and interest thereon, and said taxes, when coll ected , shall be kept for and applied only to the pa ym e nt of the interest and • principal of the Bonds as hereina bo v e specified . Section 13. Additi o nal Tax Levies i n th e Event of Delin- Said taxes shall be levied , assessed , collecte , and guency . enforced at the time and in the form and manner and wit h 1 ike s other ge n eral tax es in the Sta te f i nte r est a nd pen al ties Colorado , and wh en co l lected said t axes shall be paid to the Ci ty as p rovided by law. In the eve nt any of said levies or the charges that may be mad e by the Ci ty shall fail to produce n amo unt sufficie nt to pa y the interest o n and t he p r incipal o f the Bonds becoming due in the next succeedi ng year, the de f icit sha ll be made up in the next levy, and x es shall continue to be levied un il said Boncts an th e in eres thereon shal l be paid in full . The City Council shall tak all nece ss ry n proper steps promptly to enforce the payment of t xes levie pursu nt to this Ordinanc Section 1 4. i ng the foregoing provisions nd enforc lllot withstand - Ci y cov enants a ch ule of nd agrees to establish , m int in , rates , tap fees, tolls, and charges for the availability of , con- nection to , and use of th e water fa cil ities of the City , whi ch -39 - • I • • • • • • • together with said tax levies and all other r evenues of the C ity , shall be sufficient to pay he cost of opera inq an maintaininq said faciliti es and to pay the principal of and interest on the Bonds as the same respectively mature an ecru • Section 15 . Defeasa n ce . When all principal , connec ion interest , with the a n d prior redemption prem iums , if any , in Bonds her eby authorized have be en duly pain, the pledqe and lien and all obligations hereunde r shall ther eby be discharged and the Bonds shall no longer be deemed to be o ut s tandin wit hin the mean- ing of this Ordinance . There s hall be deeme to be such due payment wh en th Ci y ha s pla c ed in escrow and in rus with a comme rcial bank located within o r wi hou the St te of Colora o , and exercisinq trust powers , an amount <;ufficient (inclu:linq he known minimum yield from Federal Securities in which such mount may be initially invested) to meet all requir ments of principal, in tere st , and prior redemption pr miums , if any , as the same becom due to their final maturities or upon design ted prior re d mption dates . The Federal Securities sh 11 become due at or prior to the r espectiv e times on which the proceeds thereof shall be needed , in accordance wi th a sc h edule establishe and agreed upon between th City nd such h nk at he tim o he ere tton of th escrow , or the Federal Securi i ~s sh 11 be subject to red mption at the option of the holder<; th reof t o assure such availability as so ne dod o meet such scht> le . Secti n 16 . Escrow Ac s . There is hereby established the "Cit y of En glewood Bond Refundin Escrow Account, 1985" (the "Escrow Account"). The proce ds o f the Bonds , 1 ss cert in cos s ncl xpens s o su nc pay hle therefr o m , wh ich expenses are her eby authoriz to be p id from the proceeds of th Bonds, shall he d posited by the Ci y in th Escrow Account to be established and main ainecl he Sank . In ddition , the approximat mount $195 17B so,bein1 1 qa lly avail ble funds of th City , (the "Escrow Supplement"), is hereby appropr iat d and shall be cl posi d by the Ci y in he Escrow ccount for the purpos of supplementing the proceeds of such Bonds . -4 0 - • I • • • • • - The Bank is her eby authorized and directed to use such monies to provide for the payment of the acquired obli ations to be held in th e Escrow Account and to fund the Escrow Accoun with the n ecessary beginning cash , if any, as required in accordance wi th the escrow sufficiency computatio n s verified by a Certified Public Accountant . Thereupon, the bala n ce , if any , of Bond proceeds held by the Bank , th e City , or any other person , shall be deposited in the City's Bond Fund to be held for the payment o f the principal of or interest on the Bonds. The f oreqoi n q provision s hall apply only to excess funds in the Escrow Ac cou n on hand a the time of delivery of the Bon s , an n o furth er distribution of funds on hand in the Escrow Acco unt shall be made to the Ci y except at he time of terminat ion of the Escrow Agreement or as provided therein . The accrued interest, if any , on the Bonds from heir date to the d te of issuance and delivery there of shall be deposited in the Bond Fund and held for the payment of int rest on the Bonds when due . Section 17. Ace unt, inclu in h Escrow Supplem n , when a least sufficien to outs tan in Bonds , und rein inv ste pay the r and by in in The Escrow onds n the h n shall a all times be res on an principal o f the ccordance wi h the following schedul (A) Bonds of th d sign ted issu s , numbered and rna urinq a follows, shall be paid and re ired their respective rna uri y d tes ccor in o heir riqin 1 ~rms: Bo ncis Ia ur i ng 1980 Bonds 1978 Bonds 1 ll'i o 1989 , incl. l9'lS t 19911, incl. (Rl Inter st on thP :)u s an in(] Bonds which matures er h 11 be paid scrniannu lly each in th years 198 5 nd there y r on the proper interest p ym n t s according to their original terms, until said Outst ndin Bon s mature . -41 - • I • • • • • Section 18 . Inv stment of Escrow 1\ccount. ance with the Escr In accord- he f un s on Agre ment , the Bank shall inves deposit in th e Escrow Accoun in non-callable Federal S cu ritie s only , and shall fully secure any cash balance in said Account in th e manner required by law for other trus funrls . Section 19 . A ditional Deposits . If for any re son the funds on hand in the Escrow Account shall be at any time insufficient to meet payments of principal of and interest on the Outstanding Bonds, s the same shall become due and payable , the City shall forthwith deposi in the Escrow Acc oun such addi ional funds s may be r quired to pay he en ire moun dbl~ due and payable . 0 become Section 20 . 0 Bank . The Bank shall fr o m time to time redeem at maturity all or a portion of the non- callable r cieral S curi ies in h Escrow 1\ccount in suf~ici.,nt mounts so th t th proce ds harr•fro'Tl and the int r st thereon as the same accrues wilt be sufficient to me he interest r quirements on he Ou t nd in1 n nds "" ; J '1 in r es t 11ccru •s .:1nd to p y saici Ou s andinq Ronrts a heir r·~sp,.c iv m uri i es . Sect ion 21 . ion to Execut Escrow Aqreem<>n The llayor and th • sh 11 , nd thy are hereby F"i n ~n c·~, ~>x-·)t f 1c 10 C 1 ty Clerk u h oriz d 1nrt Ji ·'•.'t ·I 11 necessary or appropr i te ac ion towa r lh • execu ion f>crol4 Agreemen with the B nk concernin he l•rost s 1n , investments of , and disbursemen s fr he Cscr JW \ccoun , such other agreements as may be necessary or desirabl o effectuate th provisions of this Ordinanc an comply "'it h h n requirements of law . Sect ion 2 2 . f'i nance is her by refundinq of the Ou s andin refund in • The no ice shall following , at the last known Refunding . directed Bonds t or abou b sent by cer d res thereof : -42 - • The Director 0 to ive not ice 0 ho> ime 0 such if i ·1 "l i l 0 th I • • • • - (1) The First National Rank of Englewood, Englewood, Colora o , (As paying agent for th~ Outstanding Bonds) ( 2) The ·-~o rthern Trust Company 50 South LaSalle Street Chicago , IL 60675 (As purchaser o f the Series 1978 Bonds) (3) United California Bank Bond Department Box 3666 Terminal Anne x Los Angeles , Califor n ia 9 0 0 5 1 (As purchaser of the Series 1980 Bonds) (4 ) Consolidated Bond Call cjo Elaine Shea Uni e1 Bank of Denver One Un ited Bank Center 1700 Broadway Denver , Colorado 80274-0120 Sec ion 23 . Authoriz tion to Execute Documents . Council ar The officers of the City and the members of hereby authorizod and directerl to take ny nd all other act ions necessary or a ppropr i at to effectuate provisions of thi'l Or inance , in cludin , but not limited t o , the execution of a bon payin q n 3 r em n , bon re is r r nd transfer t~e en agroem nt , ncj such cer ificates and f id vt s s may reason bly be r quired by he purchas r of the Bon s . s ction 24 . Council, h vin been fully ~~~~~~~~~--~F~i~n~d~i~n~g~s~. T~e C1 y havinv consider d 11 the per inent fac s c i rcums t nc s, an noes hereby ftnd, determine, and d clar~: (A) Tho taxable proper y upon whi ch taxes will b levied for the payment of th n s is identical to the taxable prop rty upon which t x 1 vies ar b ing m de for the payl'l nt of th Outs tan i ng Bon s, and the Bon s -43 - I • • • • • - shall be payable from the same funds to b d rived from the s mo source s would h ve been used to pay the Outst nding Bonds if no refunding thereof were to occur ; and (B) The funds an investmen s to be placed in the Escrow Account , to ether wi h interes to be der iveci frorn such inv estments , re in n amount which at all t imes s h all be suf f icient to pay the Outstandin Bonds as they become due at hei r respecti v e maturities as to pri n cipal and interes and th e det rmininq such sufficiency h ve C rtified Public Accountan ; an computations made been verified by in a (C) The to al agor:-qa amoun of indeb edness of the Ci y does n t now , nor shall bond eo upon th i ssu nc of the Bon s , e x ceed any ppl icable 1 imi prescribed b y the City Char er , or the cons i 1 ws of the State o Colorado ; and ion or (D) Tho issuanc of the Aonds nd th e refunding o f the Ou st n ing Bon s , nct 11 pr:-ocedures un ertaken incident th re o , arc in full compliance nd conformi y Wl h all apnl ic ble r quirem>n s , prov1sions , 3nl 1 im i- tions proscribed by th Ci y Cha rter , an t he cons itu ion an 1 WS of the St to of Color do thereunt n lin , p r icula rl y Titl<> t 1 , <\rticle 56 , Par:-t 1 , C .R . S.; n (E) En ring in a nct pro ram her in auth riz•d a Ci y 0 r duce th prin ipal Ou s anding Sec ion 2 5 . All ac ions h retofor nos . comp le ing the refund inq his time will enabl th e an in r st p y blc on he nd m mber:-s of he Ci y Council , n t inconsis n wi h the provisi ns o( his Ordinanc , r latinq o nd eliv ry of the Bonr!s , b pprov d, and con irmed . he au horiz tion, s le , issu nc , an ht> s m are hereby r tifi -44 - I • - • • • • •' - Section 26. Ordinance Irrepealabl e . After any of the Bonds have been issued, this Orrlin nee shall consti tut e an irrevocable contract between the C ity and the bondowners , and this Ordinance shall be an d remain irrepealable until th e Bonds an d the interest accruinq thereon sha ll have been fully paid , satisfie<1, and discharged , as h erein p r o vided . Section 27 . Repealer . All orders , ordinances , and resolutions of the City , or p rts thereof , inc o nsi s t nt with th is Ordinance are hereby repealed to the e x tent only of such incon- sistency . Sec ion 26 . Se verabili y . If a ny sec ion , paraqr ph , clause , or pr o visi on of this Or inan ce s h 11 f o r any rea son be held to be invalid or unenfor ce able , the invalidity o r unenforce- ability of such section , paragraph , clause , or p r ovision shall not affect any of the remaininq pr o visions o f thi s Ordinance , he inte n t beinq that the same are severable . Section 29 . Hearing . In accorrl nee with the Ci ty Ch a rt e r a n d Municipal Code of t he City , the City Counc il sh all h old a public hearing on this ordi n a n ce , befo re final passage , at 7 :3 0 P.M. on Monday , _:::.J.::u:.:..n:...:e:,.__ ;!__, 1965. Sect io n 3 0 . Ordinance , after its final recorded , and tho adoption and by the signature of the Mayor an officio City Clerk-Treasurer , and -45 - Date . This n Ul'l be red n be authenticate he Director of F'inance, ex- by the Certificate o f I ...... • • • .. Publication. This ordinance shall become effective thir y (30) days after publication foll o wi n g final passage . Introduced, read in full , and passed on fir st r ead ing the 20th da y of Ma y , 1985. Published a s a Bill for an Ordinance on the 22nd day of May , 198 5 . Read by title and passed on final reading on the 3rd day of June , 1985. Published by title as Ordinanc 1985, on the 5th day of June, 1985. Attest: ex offic~o city Clerk-Treasurer o . , Series of Eugene L. Otis , Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of th City of Engl wood, Colorado , hereby certify the above and fore- going to be a complete, accurate and correct copy of the Ordinance passed on final reading and published by title as Ordinance No . Series of 1985. Gary R. H~gbee -4 6 - • 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 May 22 , 1985 /Ia__ Centennial Trade Cente r 11 Subdivisio n INITIATED BY City Plann ing a nd Zon ing Comm is sion ACTION PROPOSED Approve the Fin al P l a t of Centennial Trade Ce nter TI Sub division INTRODUCTION AND BACKGROUND: Ce ntenni 1 Trade Center II is locat d on the east sJd of South Federal Boul vard in the 4500 block and on the southeas t side of South Clay Stree Centennial Pa rk is t o th south o f the si t . Mr . K nn th Clark , the property o wner and developer , a nd Ms. Jan Ross , th contractor , ar proposing t o develop the slte with an office/warehouse condominium complex . Til Pl nning Commission h ld public h aring on h p:-oposed pl o n May 7, 1985 , to which hearing ach of the adjoining p per y own rq wert· in vl ted by c rtif led letter. There w r no djan•nt property owner s or public pr s nt at t h hearing, and there we r e no objec ti o ns to the division o f th property as proposed. Af er rev! win g th prl!llmlnary pl t . h Pl nn!ng Commi·sion ask d the applicant to revis the drawin&s o indud th following changes : 1. The fir hydrant loca ion o n the engine ri~ drnwings tn he in th arne location as the ~ite plan ind!cateq. 2. 11w lt!Nalk, long 'louth Cl y <; r l Is tn h four ( ) f e w!d,. ). Th p Jvln of the South Cl 'Y Street •·· ·t h.Jlf nf tlw roadway to tht• n·nterlln to ~ngl •wo<ld qtandords. 4. D tent! >n is to h~ !ncr a. ed to all vi t the su r cha rg ~on clition nd sh 11 h approved by Englnl'crlng S rvice • As n result, the pplic nt mad the revisions to th final pl , which w s con id r d by th Commissio n l its meeting on Mav 21 , 19RS. Th fin l pl t w s pprov d and i btin referred to the Clty Council for th lr <nn !deration. AttaChld is Lh : • I • • • • • .. -2- 1. Staff r epo rt, vicinity map , and appli ca tion fr om th May 7 m ting. 2. Staf f r epo rt add e ndum fr om th e May 21 me e tlni· 3. Plann ing Co mmi ss ion F lnd in s o f Fac nd Conclus i o n. 4. Th e C ntennial Tr ad Ce nt r Il Subdivision Plat , legal des rip i o ns , site plan with impro vem nts indl cat d, and the p r o posed lands cape plan. RECOMME DATION: Aft r having reviewed the Trade Ce nt r II Subdiv i sion F inal Plat , th Pl nning Commis ion find s it to b in compliance with §12.3 of the Eng l ewoo d Munl cip 1 Co de , the Subdiv i sion Regulations, and wi th th e appli c abl e sections o f l h Co mprehens i ve Zo nin g Ordinan ce a nd r ecomme nds hat it be a pproved by th City Co un ~J1 and r eco r ded in th e off i ce of the Arapaho r Cou nty Clerk and Re co rd r. SUGGESTED ACTION: MOVED BY ____________________________ __ SECOND ________________________________ _ YES _____________ ,NO ------------~BSENT ________________________ _ • I • • • 51 AFF REPORT Page -1 - ~~TT~R FOR CO~SIDERATlO~: • • - PliBLl C HEARH::G SUBDlVlSlON PLAT Case 119 -85 An application has been filed with the Department of Communi y Development for the subdivision of a parcel of land which propo sed subdi vision i s locat d on the southeast corner of South Clay Stre t and South Federal Boulevard , and north of Centennial Park. The ap- plicant plans to const r uct an of f1 e/warehouse complex. The parking layout should b considered a s part of the Sub divisi on Plat. DATE TO BE CONSIDERED: 'la v 7, 19 "> N~l£ AND ADDRESS OF APPLICAN1: Ro ss Construction Manag e ment, Inc . 8110 We st Brandon Drive -Unit A Littleton. Co l o r ado 0125 7 5-8f\7'i Ross Con~tructi on t h a p.t•n t for th prope r tv own r. !\~'IF .\.:U AODRF.SS OF PROPERT~~_f.~: Kenn th J . Cla r k 531 South De atur S trl' t Engl e wood , Colorado 80110 Th propPrtv is loca t ed on the in thr 4~00 hl<'ck ;md C'n tlH south n~ t notal P rk l t o thl -.ou th 01 th zr~ISTRll T: 1-1 , l.lp.ht Industrial. aGt . ide of South F dl'r al Boul vard side ot South Cltt'' St r l't. r.-n- 1 t ( . A tral'l of land l>l•i nF, a p rt of he Northwl'St nn••-CJuilrtt'T of h<' North~ast onl'-qu3r t Pr nf Section , Tnwn~hlp "> Sout h, R a n~!' B Wl'st of tlw Six t h P rin e !pa l .It rid! n, Cltv of Fn p.lt•wood , Countv of Ar .lpilhN•, St.lll' n Coloro~do, m<'rt p rt ic-ul.erl v d<•sc r lbt•d aG follow~: • I • ( • STAFF ){EPORT Pa " -2- • • - SU BDI VIS I ON PLAT Case 11 9-85 Beginning a a monument (pipe s t in concrete) being 589"41 ' 15"\o/, 50.00 fe t from a 3 /4" a t el pin at th No rthwe s t co rner of th Southwest one- quarter of the o rth east one-quarter of said Sec tion 8; th n e NOO"OO' 20" W along the East right-of-way line of South Fe deral Bouleva rd , being 50.00 feet Ea s t of and parallel to the North-South ce nterline of said section , a distance of 126.82 feet to a point on the Southeasterly right- of-way line of South Clay Street as established by d ec r ee at Book 2175 , Pap.e 211 ; th n e N47°)3 ' 13"E along said ri gh t-of -wa y line being 25.00 f t Southe rl Y and parnll 1 to the ce n terline a distan ce of 439.53 f er to th e ce nt rline of th Co lorad o C ntral Power Co mpan y right-o f-wa y r - co rd d i n Book 1053 , Page 600; thf'n e S72"05 '4 4"E , 65 .0 0 fe t; th nee 517"54 '1 "W along the Easte rl y right-o f-wa y 1 n e o[ said Colo r ado C ntral Power Compan y , a distan c o f 66.33 fePt; then ce 519°52' 28"E along th Eas t e rl y right-of-way lin of said Co lorado Ce ntral Power Compa n Y, a distanc o f 335.99 fe t; hence S70"07 '32"W a di sta n ce of 5 .00 feet ro th en t erlint: o said Colo rad o Ce ntral Power Compa ny right-of-wav and also b in a p oi n on the North line of Ce nt nnial Industrial Park r - co rd d in Plat Book 1 , at Page 4 e xt e nd l!d East; th ence 58 "41 '1S "W a lon said o r th line 418 .88 f t to the P01N T OF B EGlNNT~G . County of Ar paho·, State o Colo rad o . !?fill_IP TJO~ OF REQl'EST: ~r. Cla r k 's d vp l opmt>nt wJ1l ha ve a t otal huildlng ar a of 41,097 square f ton 126 ,7 3 square feet o f land area. Th of ic~/warehou~e d •vel opm nt will bt: divid d Into two bui ldings with each building having c ti on to b ~old as a condominium off ! l o r warehous . The condo- minium d ev lopmtnt wi 11 have of -st r t p rkln g a] ng with 11 other imp r ov m nts within thi s comm n a r ea , which will s rve en lr c m- p1P ·. Each Ctlndominlum unit '"'ill b so ld ~oJi h titl• in and to !.lw "enYl•lop " or pl(lts desc ri bed on the subdivision plat. Fach own r of a condominium ~oJi1l b r pr sen t ed on th · Board of ~ana ger~ who will manage and m intaln th d velopment . To nahl tht: construc t ion and subsequPnt sal of ach unit , ap- pllc tlnn h.t hPen m.ldt' t o subdl,•ldE' he 'lit<. Thl~ pn'C dur is in Clord<tOL • ~o•!t h l•ction 1:'-1-1 of th <;uhdlvl·don RP ulr~tlnn<;. ACTlO:; TO IH T A f:I.~.: Tht i(ln ~.;Ill r \'l,·~o• tlw pnlllllin r · pLH a Publi c llt'lrlm•, compli<1nc 1.l h t 4' z.onln , tht n•pnGld 1.1vnut ul t hl' tllty ,,[ utllttl•·, th dt i~;n of th pl.l in n1atwn tO t>Xistlng strt•ClS , tht• tr<o l dl'oi n tl I llitllt(" saf1 p dt•~ rl ,ln movemt·nt, th•• u tllty lll !·ment J,, ntllm , tht c(lll£>'tion 1nd dl posul o dr.lln.IRl' .10d urlacc war,•r ,1nd n\ nthtr ro.Hten. which the Comm ls- ;,lon del·ms lmpor nn t to accompll-.h tlu subdlvl. l<'n · i\ftt•r tla Puhllc Hc•u rln ~. thl' C<>mml~;sion shall app r ove•, <'ond ltlnn.ll l v approvt• o r dl. apprClV<' the p r t'llmlna r v plat. 1 f the Commls!'ion ,lpprnvt"i thl' prPllmlnarv pl n t. the final plat wi ll he pr~:pnred and suhml tt t'd for fln<tl r vll'W bv the Comml sian . l f It 1 In rdt·r, th pldt will ht• transmilu·d to Cl ty Cou n cil for Its con'l ldt•ration and action . • I • ( • STAFF RfPOR T Pa e -')- • • - DESCRIPTIO~ Of SUBJECT SITE AND SURROUNDING AREA: SU BDIVTS!ON PLAT Cas h9-R_'L_ _ Th subject s ite is vacant and i s 2. 1 acres in area. It is lo- cated on the east side of th 4500 block of South federal Bo ulevard nd on the southeast side of South Clay Stree . The si e bo r de r s the Cltv of Sh r idan to th north. Along th east portion of the site are Publi Servi e transmission lines. C ntennial Park is to th e south , as is th C ntenni al Trade Center 1 which Mr. Clark O"-'n s and Ross Co n- str uc tion built. Si ng le-family residential is t o the west of Sou h Fed ral Boulevard . The land to th east of South federal B ul vard ls zoned 1-l , Light Industrial and th area o th e west of South Fed r a l Boulevard is zoned R-1-A , Si ngle-family Resid nee. One thous and fee (1 ,000') northeas of the sit there was an old domes ic landfill, Mil High Landf111 , whi c h wa s add r ssed at 4280 South Clay Str t . BACKGROt:l\"0 OF PRFVlOUS ACTION RELATIN G TO THE PROPERTY: Th prop r y wa s ann xed to the Cltv of Englewood by Ordln anc Numb r 24 of 1960 , and was zoned industrial. 1 t has r emai ned vn ant to th pr s n time . RELATIONSHIP TO THE CCIPREHENSIVE PLAN: Th • Compre hensiv<> Plan indi ca es thnt the portion of the "uhj ct parcel fronting on South F deral Boulevard s hould h co nsidered for cnm - me r cial/mixed u ~e d velo pment he ause of the close proximitY to the r ~1- dcntial n lghborhood o th wes t and Ce nt('nnial Park. Th r emaining portion o th subje t s it I ~ no dis ussed , a n h intention wa n develop th sites s indus ri a l . C nt nnl al Trade Center 1 J will not hav • ccess o n Sou h Fed r. 1 Bouleva r d . Mo s t o f the pr poqed dev lopment will b f ice us~ and will n ot b i n conflict with th Comp r hensiv Plnn. Thi 'I ma t r "-'liS refprrpd t n oth •r Cit v l>t!p rtm r t'> fnr th< I r r, •on t'. Thc.'V hav r !opnnded a follo s: ~ D_s artm<'..!l.l: H.« nc ob I• < t !on. Bu! !din Divl inn: Thc•n a r no prohlPm wl h his d,•vpl npmo nt provlddb.;ilu!np, end< n•qulr m.n <; ,n• mp t. l"tlllt il's D•• .t~t: Tht· nt'w snni t nr v s<•wc r <'Onfi~u rntl on no., lhw on Sheet 2 of 4 with snnit n r v ;' •r vlct• chn ng l' dnt t·d I S , Is en ptahh• and will rPqulrl' no ens mPnts. Fi r_!!_~'.P!!...rt~l~nt: Fir•· h yd rnnl lnca tions o n tlw s!tP plan nrl• .tp- proved. Th · fi n• hydran s hown on Sht· •t 2 nf 4 ot t hP nnrth<':t"t P•'rt l<'n • I • • ( • STAFF REPORT Page -4- • • - SUBDIVISION PLAT Case #9-85 of the site will have to be relocated c loser to the northeast curb cut to co rrespond to the approved fire hydrant location on the site plan. Public Work s and Engineering Services: 1. Th e fiv e-foot s idewalk on Sheet 4 of 4 should b e reduced to four feet in width. 2. On Sheet 4 of 4, pavement design shall be to Englewood standards, not designed per soils report. 3. Th e re is an overload c ondition created at the manhole where the 24" pipe conn ects with t h e 30" co rrugated metal pipe. An y overload con- dition will not be allowed. We will require drainage back-up to be de- tained on-site. The detention pond volume will have to be increased to al leviate the overload c ondition. Parks and Rec reation: There i s concern about surface drai nage i nto Ce nte nnial Lake. Water beinl drained into the lake wi ll p ick up oil from cars. NOT E: Engineering has stated the City cann o t restrict this develop- ment from draining into the lake. The entire area drains into th e lake. In the opinion of th e Engineering Division, th e drainage from this de- velopme nt will have a minimum impact on the wat er qua lity in the lake. DEPARTME NT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION: Mr. Clark is planning to develop 41,097 aquar foot offic d velop- ment on 2.91 a res of land, which d velopment is perudtt d in th 1-1 Zon District. Access to the complex is from South Clay Stre t with a central driveway and parking. Additional parkin is b in provid d und r the Public Service tr nsmission lines for a total of 132 spac s. Bo h the off-str et parking and off-st r eet loading spaces being provid d x- ceed the standards set forth in the Zoning Ordinance. The 1 ndscapin plan aa pr sented meets the landscaping requirem nts . Th Dep rtm nt of Co mmuni ty Dev lopm nt recommends approval of Cen ennisl Trade C nter 11 Subdivision requ st with th followin co n- di tiona: 1. Th fire hydrant location on Sheet 2 of 4 shall be consi tent with the sit plan, and fire lanes shall be posted. 2. Th sidewalk along South Clay Street shall b four f et wid . 3. Paving d sign shall be to Englewood standards. 4. Detention shall be incr ased to lleviat the surcharge condition NOTE: The applic nt has be n contacted by th taf£ and will commit to the above conditions. Drawings will b revi sed to indicat compliance with th e conditions • • 0 I • .. 6 " --," VICINITY MAP 4!:1, v SOOTH FEDERAL BOULEV ARD I H , DEPART MENT OF COM MUNITY DE Vf:LOP ioi ENT j 0/0 : ~· PLANNING DIVI SION r---o r -r---; -i I L J • j 4 9 00 1 ... . .. 001 ... ""' ... ..,. .. "'' . ......... .. .. .. . .. WEST RADtLIFF , I ~8 ....... ~v. . .. w o. ,. ... ~. ,. '! ;v .. ,. I\.""'" ... ..... ... ... .. Wf:ST SlANFORD ............ ... • 0 10 ' ... "V4',, ..... lilt .. • 010 ~ " · ... '· .... .,. . .. ,. 48 t> ..., ... t N '· ....... SCALE I" 1 200' .... ., ., ., 14 f---;J ... • • - .·Jj. -:-~,.-.. II t (.. VI I~ .. ,rr-, I ; I : ; .. ... ... . , • .. , ... .. DR IV( ' ... .,. .. . . 1---;, II ~ ' ... ... . ' ,I X ... g f/l ....... ........... ..&.J.If. •• • 0 lk c > i .. r---- 1 • . .. . .. ..: .. I • • • ( • • • - Applicatoon tor Subdivision Date AI'Ril 1, 1985 Appl ocano Name JUlSS COiiSTRUCilDN ..I'IANACilU:IIl: • .lllC~--- Addroao 8UQ W aru!_on Jlrhe -Un t A llt~t2.n, fo lorado 801 ~5 --------- Tooophono _i3Q_3) 2_95-8675 ------------ RoiOioon IO Roquo11 · -AC1:li.T fOL.OWN£.11 Add r .. a _!!_53 1 S. De c atur l!_!,_r .::e.::e"t'----------- ___ E_n=glevood, Colorado 8011 _0 ___________ _ Totep,_ __ (_3_0_3_)_79_5_-_0_5_4_0 _ ------------ The undera~gne d cenfrtll lhlt he underatanda that at the lime the Preli mina ry OM;gn '' aubmtUed to the O~rector of Plann•ng there an.ll be collec ted a flUng fM or 150 00 for the ftral 10 acrtt or any part thereof of the parcel to be aubdiYtOed . and a r .. of $2 .00 for each acre in aacau ol tO acrea furlher, all recording fHa • required bV the Co1.mty Clark and Recorder aha11 be Oepoailtd wi lh tne Ctl)' Ctarlt upon tht approval of the Fmat Plan. The unoera 1g~d fuf1har carttfiaa lt'lat he hea rec:at..,.d 1 copy of the Subdtviaton Aegulallona o f the Ctty of EngleWOOd (Title )(II, Chapter 3 of the M unicipal Codej and thet he understanda that h la aubcl lvtaJon m141 be drewn in accou:tance with IMM Regu lettona. Common O.S<:flplton of parcel to ~ 6UIXI tvtoed SEE ATIACHED SEE ATIACH ED Area of parcel to be aubd iVl ded 126,763 aquare feel or 2.910 Acree Pr .. ent tontng ___ _ 1-1 OF" I'! CE/WAREHOUSE COMPLEX (Spec.) Dtipartment of Community DevelOPment 3400 S E1111 • Engl1w00<1 . Colorado 80110 Cry UMOnly FH ----------- I • • ( STAFF REPORT ADDENDUM Pa e -1- MATTER FOR CONSIDERATION: • • - SUBDIVlSJON PLAT Case 119-85 The revised drawings for Centennial Trade Center II Final Subdivision Plat have been submitted for final review by the Planning CotmDission . DATE TO BE CONSIDERED: May 21, 1985 DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS AND RECOMMENDATION: Mr. Kenneth Cla rk and Ms . Jane Ross have had the drawings for Centennial Trade Center II Final Subdivision Plat revised to addres s the co nd itions th Planning Commission attached to the approval of the preliminary plat at the Publi c Hearing on May 7 , 1985. The r visions include: 1. The fire h ydrant location on the engineering drawings is in the same pla ce as indicated on the site plan. 2. The sidewalk along South Clay Street is s hown as four (4) f t wid • 3. The paving design note s on Sh eet 4 of 4 and the site plan indicate South Clay St r eet will be paved to Englewood standards. 4. D tention has been increas d on the drawing whi ch will alleviate the urcharge condition and the Engineering Services Department has approved the final design. ACTION TO BE TAKEN: The D partment of Community D velopm nt recommends that lhe final plat, b ing in order, should b transmitted by the Planning Com- mission to City Coun il for its consideration and action following ap - proval of th Findings of Fact. • I • • ( • • • - ClTY PLANNING AND ZONING CO~~ISSlON CTTY OF EN GLEWOOD , COLORADO IN THE MATTER OF CASE NUMBER 9-85 FINDINGS OF FACT , CONCLUSIONS ANO REC OMMENDATIONS RELATING TO THE PUBLIC HEARIN G HELD FOR THE SUB- DIVISION REQUEST WITHIN THE CITY PURSUANT TO §12-3 E.M.C. FI LED BY: Kenn et h J . Cla r k, Property Owner 4531 South Decatur Street Englewood , Colorado 80110 and ) ) ) ) ) ) ) ) ) ) ) ) ) Jane C. Ross , agent fo r own er ) Ross Construction Management, Inc.) 8110 West Brandon Drive -Unit A ) Littleton , Colorado 80125 ) This matter came befor th e City Planning and Zoning Commis- sion at a Publi Hearing held on May 7 , 1985, u pon a subdivision applica- tion fil d by Mr. Kenne h J. Clark , owner of Parcels l through 12, of the proposed C ntennlal Trade Center ll Subdivision. The re quest is t o subdivid the subj ct sit into 12 parcels located on the east side of the 4500 block of South Federal Boulevard and along South Clav S reet. Those m'mb rs of th City Plannin and Zoning Commission pr s nt during th Publi Hearing w r : Messrs. Allen, B rbre, B ier, Carson, Gourdin, McBra y r, Sto 1 and Venard. Mr. Magnuson wa s absen . Ms. Jane Ross was present and gav testimony to th Plannin Commi ssion. Th staff r port and testimony wer received by the Com- mis ion and incorporated into the record of the Public Hearing. After on id ring the statement of th witness and reviewing the nece ssa r y documents, th member of th City Planning and Zo ning Commission make the followin Findings of Fact and Conclusions: FINDINGS OF FACT 1. That th Public Haring was initiated b y a subdivision application filed by Kenneth J. Clark , owner of the subjec t propert y , and Jane C. Ros , contractor and agent for Mr. Clark. 2. That th proposed office/warehou e developmen t us is in conformance with the Comprehensiv Plan and th Comprehensive Zoning Ordinanc , and Ms. Ros stated that 49 % of th d velopm nt will b oc- cupied by Mid-Am rica, a high technological company manufacturing m dical equipment. 3. That after reviewing th e Pre llminarv Subdivision Plat and • I • • ( • • - -2- th su1 porting drawing s , the Commission determined that the Plat compll s with the Subdivision Regulations , and gave their approval with the fol- lowing conditions: a. The fire hyd rant location shown on Sheet 2 of 4 shall be consistent with the site plan, and fire lane s shall be identified on the plan and shall b posted on the site. b. The sidewalk along South Clay Street shall be four f et wide. c . Paving design shall be to Englewood standards. d . Storm water detention shall be increased to alleviate the surcharge conditions. e . Developm nt shall conform to all other applicable City codes . 4. That the applicant agreed to the above conditions, t o be incorporated on th support drawings prior to the Planning Commission sending their recommendation to City Council. 5 . That no public was present at the Public Hearing to oppose or approve t h e proposed subdivision. 6 . That proper notice was given of the Public Hearin g. 7. That a Final Plat has been submi tt d which incorpora ed th onditlons imposed by th e Planning Commission. CONCLUSIONS 1. That pu r suant h od Subdivision Regulation s , it i n cessary for the owner ubject property t o prep re, t o gain approval thereof, and to file a subdivision plat. 2. That th proposed subdivision plat complies with th Sub- division Regulations and the Commissi n approved the Preliminarv Plat subject to th following conditions: a. The fire hydrant location shown on Sheet 2 of 4 sh 11 be consistent wi th the site plan, and fir e lan e~ shall b identified on the plan and shall b posted on the si e. b. The sidewalk along South Clay Street shall b four feet wide. c. Paving d sign shall be to Englewood stand rds. d. Storm water detention shall be increased to alleviat the surcharge conditions. e. Development shall conform to all other applicabl(• City codes. • • I • • - ( • • • - -3- 3 . That a Final Plot has been prepared by th e appli c ant whi c h in co rporates the imposed conditions and which Final Plat has been review e d ond approved by the Planning Commission. Upon a unanimous vote of the Commission members pres nt on Mo y 7, 1985 , on a motion mad e by Mr. Carson, and seconded by Mr. Stoel , the Preliminary Plat of the Centennial Trade Center II Subdivision was approved. Upon o motion made by Mr. Carson , and seconded by Mr. Stoel at the meeting of May 21, 1985, th e Final Plat of the Centennial Trade Center II Subdivision was approved and referred to the Englewood City Council. Those member s voting in favor: Messrs: Barbre, Carson , Stoel, Venard, Magnuson. Those member s voting in opposition: None Those members absent were: McBrayer, Gourdin , Beier, Allen. This decision and these Findings of Fact and Conclusions ar effective as of the meeting of the City Planning and Zoning Commission held on Ma y 21, 1985. By Order of the City Planning and Zoning Commission . ' } ~/ _....~ --< ....... -=:::;: ..... -Gry~enard Ch irman 1 ---1 ~< -~ \ I • , I • • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM May 29 , 1985 li b SUBJECT Amendm nts t o Certain Sec ti o ns of the Comprehensive Zoning Ord- i nance: §16.4-8, §16.4-10 , INITIATED BY ACTION PROPOSED City Plaonins and Zonin g Cammiss f on recommendation of th City Planning and Zoni n g Commis- sio n re l ativ to certain amendments to the Comprehensiv Zo ning Ordinanc a n d se t a da t e co n sid e r t h ose amen dments at Public INT RODUCTION AND BACKGROUND: The City Co u ncil adopted the foll o wings c tio ns of the Comprehensive Zo ning Ordinance by Or din a n ce No . 18 , S des of 1984: o §1 6.4-8 , R-3 , lligh D nsity RPsid nc District o §16 .4-10 , B-1 , Business Distrl t o §16 .4-11 , Design Guldel!n s for he South Broadwav fnccntlve Area o §16 .4-12, B-2, BusinPss District o §16 .4-13, f-1, Light Industrial Dlstri •t o §16.4-15 , P.D ., Pl an ned Developmen Dis ri e l §16.4-17 , Fences ~d Retaining Walls §16.4-18 , Landscaping Ordinance No . 18-84 became ff ctive on June 22 , 1984. l~hile reviewing o th e r se ti ons of th CA'mprehe n s ive Zo ning Ordln anc• ove r th past s v ral months, memb r s of th City Counc il and P1 nning Commission have h d an op- portunity to review th ose section s of Tl tl 16 which were adopted last une and mnd s v ra1 suggestions which would cla rify th regulations. The Plannin Pluislon s n ff has also int e rpr eted hos sec ions for almos a year , and hnv nlso id~ntlfl pd som provisions that w re in nct•d of r finemcnt . Th members of th Planning C.onunission h<•ld a Puhllc II aring on th< nmendm<•nts ,, he abov cit d s tlons of Title 16 of th F .H .C . on Hay 14 , 1985. Tiler<' w(>re n•> pt'r-<ons present who wi sh d to address the proposed amen dme nt s to the f o ll ow ing s ctlons o f Title 16: §16.4-8, R-3, lligh De n sity Resid n ee District §16.4-10, B-1 , Busim•ss IHstrict §16 .4-11, D s lgn Gu ld lines for the South Broadway lncentiv Arc.• §16.4-13, 1-1 , Light I n dust rial District §16.4-15 , P.D., Plann ed Dev lopment Dist rict §16.4-17, Fenc s and Retaining Wall s §16.4-18, Landscaping • I • • • • • - -2- There wer a lltuuh.·• .. r p e r sons who e ntered tes timo n y into the r eco r d in r gard to §16.4-12, B-2 llu s laH•Sfl llls trict, whi ch testimony wa s con s idered after th e Public Hearing was c l os •<.1 , un<.l at a m e ting o f the Planning Co mmission o n May 21, 19 8 5 . Followi ng the l'ubli c ll ea rlng o n May 14, 1985, th Comm is s ion vo t ed to approve he pro- posed ame n dments t o §1 6.4-8 , §16 .4-10, §16 .4-11 , §16.4 -13 , §16.4-1 5 , §16.4-17, and §16 .4-18, a nd t o r efer those amendme nt s t o the City Cou n c il . The members of the City Planning and Zo nin g Co mmissio n agreed that §16 .4-12, the B-2 Busines s Dis tri c t , ne ded further study, and no action was tsken on that section , and it has not been ref e rred t o th e City Co uncil. RECOMMENDATION: After having giv e n caref u l co ns ideratio n to the proposed amendme nt s t o §16.4-8, R-3 High De n sity Re s id ence District , §16.4 -10 , B-1 Business District , §16.4 -11 , Design Guidelines for the South Broa dway I n cen tive Ar ea , §16.4-13 , t-1 Light I ndu strial Dis- trict, §16.4-15 , P.D., Plann d Development Dist ric t, §16.4-17, Fen ces and Retaining Walls, and §16.4-18, La nd sca ping , a nd a ft r consideri n g the proposed regul a tio ns a t Public Hearing o n May 14, 1985, it i s the o pini.on o f the Ci.t y Planning and Zoning Co m- mission that th memb r s o f the City Co un il should gi.v e favorable cons ld e rat i o n t o th pro posed amendments to th ose identifi e d se tlons o f the Co mpr ehen sive Zo n ing Ordi- n ance , wh ich is Title 16 in the Eng lewood Muni c ipal Code. The members of th e Planning Commission further r ecommend that a Publi H aring b e sch duled in o rder that the City Council can addr s th pro posed amendments . SUGGESTED ACTION: MOVED BY ____________________________ __ SECOND ____________________________ ___ YES _____________ ,NO ____________ ~BSENT __________________________ __ I • - • • ORDINANCE NO. SERIES OF 198_5_ • • • BY AtrrHORITY A BILL FOR COUNCIL BILL NO. 41 INT~GOlJNCIL ~ER~~~~~~-- AN ORDINANCE ADOPTING CERTAIN AMENDMENTS 'ro THE cntPREHENSIVE ZONING ORDINANCE RELATING 'ro 16.4-8, R-3, HIGH DENSITY RESIDENCE DISTRICT; 16.4-10, B-1, BUSINESS DISTRICT; 16.4-ll, DESIGN GUIDE- LINES; 16.4-13, I-1, LIGHT INDUSTRIAL DISTRICT; 16.4-15, P.O., PLANNED DEVELOPMENT DISTRICT; 16.4-17, FENCES AND RETAINING WALLS; 16.4-18, r.ANDS:APING. WHEREAS, the City Planning and Zoning Ccmnission has considered amendments to certain sections of the Comprehensive Zoning Ordinance at a public hearing held on May 14, 1985; and WHEREAS, proper notice of the public hearing was given in the Englewood Sentinel, the official Citr newspaper, on April 24, 1985; and WHEREAS, the City Council adopted Sections 16.4-8; 16.4-10; 16.4-11; 16.4-13; 16.4-15; 16.4-17 and 16.4-18 in 1984 as part of the Comprehensive Zoning Ordinance; and WHEREAS, minor discrepancies exist in these sections and sane issues are not addressed, and the City Planning and Zoning Ccmnission has referred amendments of these sections with a favorable recommendation to the City Council; ~' THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~LEWOOD, COLORADO, as follows: Section 1. That the following amendments to Sections 16.4-8, R-3, H1gh Dens1ty Residence District; 16.4-10, B-1, Bus i ness District; 16.4-ll, Design Guidelines; 16.4-13, I-1, Light Industrial District; 16.4-15, P.o., Planned Development Di s t rict; 16.4-17, Fences and Retaining Walls; and 16.4-18, Landsc ap i ng are hereby adopted • • ) I • • • • • - Section 16.4-8 R-3, High Density Residence District. It is inherent in this goal that the following be considered: * A development plan shall be submitted for all residential developments having more than four dwelling units or for any development of a lot having one or more acres in area. (first * paragraph only changed) b. Permitted Principal Uses. (6) Retirement or senior citizen housing, rest homes, and nursing homes. Planned Development approval is required. (11) Public facilities and buildings . d. Floor Area. (l)(b)(ii) Two bedroom unit •.•••.••••. ~§QQ 750 square feet. k. Minimum side yard. (1) Single-family detached dw e lling ••••••••••••••• 3 feet with a total of 10 feet for both sides and no less than 10 feet between principal buildings on the same or ad j oining lots, whether or not under the same ownership. (2) Single-family attached dwelling and two, three or four-family dwelling ••••••••••••••••••••••••• 5 feet, with a total of 14 feet for both sides and no less than 14 feet between principal buildings on the same or adjoining lots, whether or not under th same ownership. For purposes of total side yard setback, the setback shall apply to th entire structur , not the individual units. (3) All other permitted principal uses ••••••••••••••• 15 feet for each side and no less than 15 feet between pr inci p al bu ildings on th same or adjoining lots, whether or not und r th same own rship. • ) I • • \ • • • - m. Minimum off-street parking. Off-street parking are as or lots shall be of a hard surface, either paved with asphalt, concrete, or brick pavers. o. Accessory Buildings and Permitted Accessory Uses. (2) Storage Shed. ~·~ ~e~e •haft efte •~•~•~e ehee eha~~ ~e pe~~·~•ee pe~ ewellift~~ Ne &~e~a!e ehee &hall eMeeee *Q9 ·~~•~e iee~ •R •~ea~ (b) Maximum t o tal flo o r areo •••••••••••••••• 100 squl!lre feet. 4~t Ml!lximum height ••••••••••••••••.••••• 10 feet. (c) 4et Minimum side yard ••••••••••••••••••• 3 feet. (d) (renumbered only) f•t Minimum rear yard................... 3 feet. (e) (renumbered only) (6) Home occupation. Occupations customl!lrily incidental to the princip al use •• a reside~ce wh en conducted in the same dwelling, provided that the following conditions l!lre met: (k) In no event shall l!lny home occupl!ltion include the following business or commercial l!lctivities. ( i) ( i i ) ( iii ) (iv) (v) (Vi) (vii) (viii) ( ix) (X) Animal hospital or kennel. Asphalt paving or roofing business. Barbers, hairdressers, cosmetologists or beauticians. Body, mechanicl!ll repair , or modification of motor vehicles. Th e sale, storage, manufl!lcture or assembly of guns, knives or other wel!lpons or ammunition other than for personlll use. Commercil!ll health Cl!lre facilities. Restaurants. Towing business. Wholesale or retail sales of any items on or off the premises excluding Se ction (a) and Section (b). Processes involving the dispensing, use or recycling of hazardous or flammable substances and materials. No regulation is intended on the sale of flammable substances which are proper ly p ac kaged. -2- I • • • • • .. p. Environmental Gteft4B~4e Considerations consistent with good civic design ahall be incorporated in all development. (2) Parking. (a) Parking areas shall be acreened froa public view by landscaping. q. Other Provisions and Requireaents. (1) No truck exceeding aix thousand pounds empty weight (60 c.w.t.), no automobile trailer, bus or aotorized recreational vehicle exceeding 22 feet in length, and no truck-tractor or semi-trailer shall be parked or stored on any lot. Section 16.4-10 B-1, Business District. b. Permitted Principal Uses. (75) Public buildings and facilities. Section 16.4-11 Design Guidelines for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area. (e) Signage. (i) b. Projecting eigne ahall only be located in the aign zone and ahall be no larger than 12 aquare feet per face and 24 aquare feet total. Projecting aign faces ahall be parallel to each other with no apace between the faces. -3-I • • • • • - Section 16.4-13 I-1, Light Indust~ial. b. Planned Development. A Planned Development shall be filed fo~ the development of any lot having one o~ mo~e ac~es in area. See Se c tion 16.4-15 for development procedure • • , Permitted Principal Uses. etc. c. (renumbered only) e, Prohibited Us es . d. (~enumb ered only) e, Maximum Gross Floor Area in Structures. e. (renumbered only) e, Minimum Setback. f. (renumbered only) {, Minimum Private Off-St reet Parking. g. (renumbered only) ~' Minimum Private Off-Street Loading. h. (renumbered only) h, Accessory Buildings and Per mitted Accessor y Uses. i. (renumbered only) '' Cond itional Uses. j. (r enumbered only) ;, Lim i tations on External Effects of Uses. k. (renumbered only) k ... Screening. 1. (renumbered only) 1, Landscaping. m. (renumbered only) ~... Procedure for Development of Mobile Home Parks. n. (renumbered only) "' Standards for Development of Mobile Ho me Parks. o. (r numbered) (2) Information to accompany the Mobile Home Park Development Plan. A complete Development Plan for the purpose of obtaining a Mobile Home Park Permit shall be drawn to scale(n(l t sm aller than 1" equals 20') and shall sh ow or -4- • I • • • • • - state: (balance of 16.4-13 th e sam e ) Section 16.4-15 Planned Development (P .O.) District. a. Requirements. (1) Development under the Planned Development District regula- tions shall be subject to the provisions of this Ordinance as well as the basic zone district with which it is combined. Where a conflict occurs between an approved P.O. and the regulations of the underlying zone district, the approved P.O. shall prevail. Density shall b e considered within the approval process for a Planned Development. The density allowed by this Ordinance for the zone district can be increased only with the approval of the City Council. The approving agency may require that an applicant for a Planned Development waive any density increase permitted through variance. This shall not preclude density averaging within a Planned Development having an area of 10 acres or more and under one ownership. Density averaging shall apply only within the same zone district unless approved by the City Council through the Planned Development. (2) In order to encourage good design and flexibility, all or part of the subdivision regulations applicable to the development may be waived if all public improvements and conveniences will be consummated through other docum ents and agreements. If Planned Development approval is withdraw n after any subdivision wai ver has been granted, or if construction of a Planned Development has not been started within two years from the date of approval by the City Council, the waiver shall be null and void and the property shall be subject to the Subdivision Regulations. c. Application. (1) Development Plan. A development plan showing the major details of the proposed Planned Development at a scale not smaller than 1" equals 50' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed development. The development plan must contain, insofar as is applicable, the following minimum information. e. Standards. (1) Uses permitted. The use in the Planned Development shall be a Permitted Principal Use in the Zone District in which the Planned Development is located, or a use permitted pursuant to other provisions of this Ordinance. (2) The Planned Development shall be consistent with the -5- • I • • • (6) • • - intent of the Comprehensive Plan and the policies therein. (a) lf the proposed development includes multiple family or nonresidential buildings or structures and it is adjacent to a aingle-family residential use district, the development shall contain a buffer. In order to minimize any adverse effects on the adjacent single-family area, the buffer shall be not less than a twenty-five (25) foot landscaped area and an opaque six (6) foot decorative fence shall be provided. Section 16.4-15e(7) Density. Density shall be considered within the approval process for a Planned Development. The density allowed by this Ordinance for the zone district can b e increased only with the approval of the City Council. The approving agency may require that an applicant for a Planned Development waive any density increase permitted through variance. Section 16.4-17 Fences and Retaining Walls. c. fences in residential districts shall conform to the following requiremen ts: 3. Rear yard fences may be of any class but shall no t exceed a height of six (6) feet. Such fences shall not obstruct visibility at the intersection of the alley with a street. If a rear yard of one property abuts the side yard of an ad joining property, the height of a fence cons tru c ted in fr ont of th front b uilding line of the house on the adjoining property shall n ot ex ceed 4 2 in ches. 9. fences shall be kept in good repair. An y damaged or dangerous fence shall be removed or repaired when so ordered by the Director of Community Develop- ment or hi /her designee. Appeals of such decisions shall be direc ted to the Board of Adjustment and Appeals. d. Fences in business districts shall conform to the following requirements: 2. Be~ee~-vi~e-e~-•i~iie~-•e~e~ieie-aey-ee-e~~e~-~.-~~e-~ep-ef-e-fe~ee-w~ie~ te -~et-ieee-~~e~-•*~-~6~-feet -eeeve-s~e~e T 2. ~T For regulations regarding required screenin fenc s, see Se c tion 1 .5. ) No fence, retaining wall or similar obstruction shall be erected or mainta1nc whi ch obstructs traffic vision at street intersections as determined by th Traffic Engineer. For the purpose of d termining compliance to thi s se c ti on, Table 16. 4-17A shall be used t o d termine intersec tion cross-corner visibilit e. Fences shall be kept in good repair. Any damaged or danger ous fen ce shall be removed or repnired when so ordered by th e Director of Community Devel opment or his/her designee. Fences in ind ustrial districtR shall conforn. to thP fnllowinp n:•quircments: 6. Fences 11holl bt' k<'pt in ~~onod rep n ir. An y drmAfl'd or dang rnuo; f n e e Fhnll he remnvt-d or rl'pn 1 red wheu an onkrt-d by t h Dl rc c tor of Com muni t Y D vt·l PJ'" or ld ~/I orr de~< 1 rnu·. -(.- • I • -• • • TABLE 16.4-l7A 23 lo .. totaiaio& eafe traffic •tatoo at atraet toteraecttooa, the follovtn& ~aaure~nta eba11 be uaed. Aay feoce located to the etaht dtatance trS- eoale ehall Ita approved by the Traffic Eoai-er. • Type of Inter-Kiniaum ~quired lnteraection aection S2eed M.P.B. St&ht Dhtance a) Minor Street/b) Major Street Minor Street. with a Major Street 20 lS' I 200' 2S lS' I 2SO' 30 lS' I 300' 3S IS' I 3SO' 40 lS' I 400' 4S lS' I 4SO' so lS' I SOO' Note: If the tnteraecting atreet.a have the aame claa&ification on the Ma&ter Street Plan, the "Avenue" aide ahall be con&idered the a i nor atreet end the "Street" aide ahall be treated a& the aajor atreet. ·-. -. 300' .. Major Street Mi nor sueet For 30 aph b • 300' from curb line o f i n t eraec ting atreet. a • lS' from curb line o f inter aect i ng a t reet. I • • • • • • .. Section 16.4-18 Land s c apP Ordinance. a. Statement of Intent. (4) To require any new development or any change in use in any residential, commercial, or industrial area to be landacaped and to require that the landscaping be maintained. b. Applicability of Ordinance Standards. (1) These regulations shall apply to any change of use, to any development, or to any property on vhich the principal building is remodeled, vhich remodeling cost is equal to or exceeds 50~ of the estimated marked value of the property, in the following districts: c. Deleted. Defin itions are in Definitions Section 16.8. 4T Minimum Landscaping Requirements. c (renumbered only) (2) Individual Districta: (a) R-1-A, R-1-~. R-1-C Zone Dis tricts: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behind the sidewalk. (b) R-2, R-2~ ~-2-C/S.P.S . Zone Districts: (4) One street tree is required per 40 linear feet of fr ontage and is t o be lo cated a minimum of five (5) feet behind the sidewalk. (c) R-3 District: (4) One street tree is required per 40 linear feet of frontage and is to be located a •inimum of five (5) feet behind the sidewalk. (e) B-1, B-2, 1-1, and 1-2 Districts: (1) Minimum of ten percent (10%) of total l ot area must be landscaped. (3) One street tree is required per 40 linear feet of frontage an d i f to be located a minimum of five (5) feet from any paved surface. 16.4-18 b (1) (a). Add R-2-C/S.P.S. 16.4-18 c (2) (b). Add R-2-C/S.P.S. 16.4-18 c (1) (e). Add: ln all zone districts the street tree requirements aTP in addition to th r quirements for minimum livin~ plant material. (e) becomes (f), (f) bv c omc R (r). Chnnrv e and f tP d and -8- • I . • • • • • Section 2. The following legal provisions shall apply to this ord1nance: A. SEparability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. The Council of the City of Dlglewood hereby declares that it would have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and phrases be declared unconstitutional. B. Scope. 'Itais Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. ~re this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. C. Violation and N1alty. Any piltlon, firm, or corporation that violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) nor more than three hundred dollars ($300) for each offense. Each day that a violation exists shall constitute a separate offense. Any buildings erected, razed, or converted, or land or premises used in violation of any provisions of this Ordinance, or any amendment hereto, is hereby declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated. D. Necessitth The City Council hereby finds, determines, and declares that is Ordinance is necessary for the imnediate preservation of the public peace, health, safety and convenience. Section 3. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30 p.m. on Monday, July 1, 1985, in City Council chambers, 3400 S. Elati, Englewood, Colorado 80110 • Introduced, read in full, and passed on first reading on the 3rd day of June, 1985. • [ I • • - • • • • ,. - Published as a Bill for an Ordinance on the 5th day of June, 1985. Eugene L. 0t1s, Mayor Attest: ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above aoo foregoing is a true, accurate aoo complete copy of a Bill for an Ordinance, introduced, read in full, aoo passed on first reading on the 3rd day of June, 1985. Gary R. Higbee • I • • • • - CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN TilE MATTER OF CASE NO. 10-85, CONSIDERED AT A PUBLIC HEARIN G IIELD BY THE CITY PLAN ING AND ZONING COMI-IISSION , FINDI GS OF FACT, CONCLUSIONS AND RECOM- MENDATIONS RELATING TO AMEND- MENT S TO THE COMl'REHENSIVE ZONING ORDINANCE IN §16.4-8, R-3, HIGH DENSITY RESIDENCE DISTRICT; §16.4-10 , B-1 , BUSINESS DISTRICT: §16.4-11 DESIGN GUIDELINES FOR THE REHABILITATI ON OF EXISTING BUILDINGS IN THE SOUTH BROADWAY IN CENT IVE AREA; §1 6.4-12, B-2 , BUSINESS DIS- TRICT ; §16.4-13, I-1 , LIGHT INDUSTRIAL DISTRICT ; §I6.4-5, PLANNED DEVELOPMENT (P.O .) DISTRICT; §16.4-17, FENCES AND RETAININ G WA LLS AND §16.4-18, LANDSCAPING ORDINANCE. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) A Public Hearin was h ld at a Special Meeting of th e City Planning and Zonlng Commission on May 14 , 1985, in conn ction with Cas No. 10-85 in th Clty Council Chambers in the Englewood City Hall . The following m mbers of th City Planning and Zoning Commission were present. Messrs. Barbre, Cars n, Beier , Magnuson, Venard, Steel, and Gourdin. Mr. McBrayer and Mr. Allen wer absent. FINDI GS OF FACT Upon review of th vidence taken in the form of testimony, pr sentations, reports, and the draft of the proposed amendments to the Compr hensiv Zoning Ordinance concernin the R-3, High Density Residence District; the B-1, Busin ss District; th D sign Guidelines for theRe - habilitation of Existing Buildings in the South Broadway Inc ntive Area; the B-2, Business District; the I-I, Light Industrial District; the Planned Development (P.O.) District; F nces and Retaining Walls; and th Landscaping Ordinance, th City Planning and Zoning Commission mak s the following Findings of Fact: I. That prop r notice of the Public Hearing was given in th Englewood Sentinel, the official City Newspaper , on April 24, 1985. 2. TI1at these se tions of the Comprehensive Zoning Ordinance w re adopted by the Cit Council in 1984 as a part of a comprehensive updating and revision to the Ordinance. • ) I • • • • • • • .. -2- ). That in wo rking with these se ction s of the Ordinance , it ha s become apparent that minor dis c repan c ies exist and some issues are not addressed. 4. That the problem areas pointed out are as follows: a. In §16.4-8, R-3 High Density Residential ntstrict: 1) A d evelopment plan shall be required for a develop- ment having one or more acres in area. 2) A development plan approval shall be required for retirement or senior citizen housing, rest homes and nursing homes. 3) Hinimum se paration between principal buildings should be clarified. 4) Home Occupations should be clarified. 5) Specific truck weight standards are necessary. b. In §16.4-10, B-1, Business District: 1) Publi c buildings should be included as a Permitted Principal Use. c . In §16.4-11, D sign Guidelines for the R habilitation of Existing Buildings in the South Broadway Incentive Area. 1) Projecting sign faces should be parallel with no separation between the faces. d. In the B-2 Zone District , 116.4-12: 1) Conditional Use approval should be required for sales lots for new and used automobile s , motor vehicles, recreational vehicles, boat , trailers or motor cycles subject to the following conditions: a) The dealer should b licensed by the State of Colorado. b) A minimum 10 foot front yard setback whi ch is land caped s hould be provided. On corner lots , the sid yard setback should be 5 feet for a distance of 100 feet behind the f ront property line . c) A minimum of four parking spac s should be provid ed for customer and employee parking. d) There should not be more than one car for nch 200 qunr fe t of exterior car sale lot space • • I • • • • • • • - -3- e) A clear 12 foot wide drive lane should be provided. f) Lighting should be directed onto the premises. g) Sign s should comply with the Sign Code. h) Vehi cles should not be displayed with the bump e rs more than four feet above the ground. i) Fencing along the front yard should not exceed 42" in h ight and should not be of woven wire material. j) A drainage plan should be submitted . k) A site plan should be submitted. 2) Conditional Use approval should be required for automobile service stations with the following standards: a) Autom ot ive repair, painting , body and fender work shall be prohibited . b) There shall be no less than a 20 foot setback for the building and a five foot setback for the pumps. c ) Standards shall b given for setback of displays and of stored mer c handise along with screening of trash. d) Lighting s h all be dire c ted onto th premises. e) Outside activity except for ales of mot or fuel s hall be prohibited. f) Th r shall be screening wh ere th use abut a residential area. g) Landscaping shall be provided . 3) Ther shall b dev lopm nt requirements for minimum setbacks for interior and corner lots. 4) That all of the abov conditions for sales lots and gasoline service stations shall be taken into consid ration by the Planning Commission before approving the proposed Conditional U e. e. In 116 .4-13 , 1-1, Light Industrial District: 1) A Plann d Development shall b filed for dev lop- ment of any lot having on or mor~ acres in are . • ) I • • • • - -4- f. In §16 .4-15 , Planned Dev e lopment (P.O.) District: 1) A den sity increase through the variance process shall not b allowed without the approval of the City Council. g. In §16.4-17, Fences and Retaining Walls: 1) Th e is s ue of being able to have a closed face fence on the front of the lot has been made con- sistent throughout the requirements. 2) Provision for repairing damaged fences is included. 3) Barbed wire is prohibited in business zone districts. 4) Sight visibility is addressed for corner lots with the sight distance defined. g. In §16.4-18, the Landscaping Ordinance: 1) Propett~ will be r·~Uired to comp l y with the Land- scape Ordinance when there is a chang in the use of the property as determin d in the Comprehensive Zoning Ordinance. 2) Clarification is made that street trees are in addition to the minimum living plant material re- quirement. 5. That the Planning Commission and Planning staff, after working with these subj ct sec ions of th Comprehensive Zo ning Ordinance, have identified the above problems. 6. That no one te ti ied t o the proposed chang to §16.4-8, R-3; §16.4-10, B-1; §16.4-11, Design Guid lin s ; §1 .4-13, 1-1; §16.4-1 5 , Planned Development, §16.4-17, Fen ces and Ret ining Wall , and §16.4-18, Landscaping. 7. That the following persons testified in relat ion to the proposed amendm nts to §16.4-1 2, B-2 Business District: a. Greg Thompson, 4528 South Broadway (Classic Cars). b. Lloyd Dreiling, 3247 South Broadway (Kearns). c. John Seago, 3131 South Broadway (Coach). d. Bob Bahne, 4550 South Broadway (Valley Motors). e. Dan O'Bryan, 4201 South Broadway (O'Bryan's Motors). f. John C. Cook, 3150 South Broadwa y (South Broadwa y Best). g. Phil Pal!IICr, 4264 South Broadway (Watson Mot ors). h. Larry Corwin, 3232 South Broadway (Credit Motors) . I • • • • • • • - -5- 1. Bruce Cairns , 4732 South Broadway (Cairns Conom y Cars). j. Thomas Gerlick, 4606 South Br oadway (Gerlick Motors). k. Ken Kauffman, 4400 South Broadway (Ken's Quality Cars). 1. Bernice Taylor, 2290 and 4490 South Broadway. m. Jim Bahne , 4550 South Broadway (Valley Motors). n. Richard Funk, 3767 South Broadway (Richard's Motors). o. Lavinia Weems, 4651 South Lincoln (neighbor). p. Dave Wegner, 4677 South Broadway. q. Harry Lester, 5155 South Broadway (Harry's Specialty Aut o). r. James Higday , 4970 South Washington (Councilman District III). 6. That the nature of the testimony received relative to the proposed amendments to §16.4-12 were: a. The minimum 10 foot front yard setback and five foot set- back for a distance of 100 f et on the short street side of corner lots would restri ct the use of the property by taking away valuable display area for car inventory and that this would cut th space available to display in- ventory by as much as 40%. b. The requirement providing four customer and employee parking spaces is too restri tive, and that on-street parking is available for custom rs and employees. c. The 200 square f et of exterior car lot space for the display of one car is excessive and should be reduced. d. e. f. g. h. The 12 foot-wide drive lane should not be necessary for emergency access because the lots along South Broadway are only 125 feet deep. Complying with the lighting requirement sh o uld no t pose a problem. Complying with the Sign Code requirements should no t pose a problem . The auto display rack regulation was not an issue. Th ability to install a wov n wir fence across th front of the property to a h ight of six fe t is nee ssary to top car and petty theft and would de- cre ase th co t of insurance to the uto d ·al er . • I • • • • • • .. i. A drainage plan would not be a burden. j. Many of the auto d alers who testified wanted to know why the regulations w re imposed, and what problems are caused by the sales lots. k. All the d eale r s testifying felt the Ordinance should n ot be retroactive. 9. Mrs. Lavinia Weem s , 4851 South Lincoln Street, a property owner in the vi ci nit y of an auto sales lot bu siness also testified, and a letter from Mr s . Dorothy Schmidt, 4085 South Lincoln Street, was en- tered into the re cord . 10. Testimony r eceived from Mr s . Weems was as follows: a) Employees from the car dealers park on r esidential st r eets. b) The car de aler parks inventory on residential st reets. c) The alley s Ire used for ~ashing and moving vehicles from the auto dealership and make it inconvenient for adjacent reside nts to have access to their property and/or to park in front of their property. 11. Testimony from Mr. Jim Higday, 4970 South Washington St r eet , and City Councilman from District 11, called attention to complaints he has received from citiz ns that: a) There have b en violations to ordinances such as the Sign Code and Landscaping Ordinance by ca r dealers. b) In some cases , the car dealer s have created a dan gerous situation for Englewood citizens by parking cars over the sidewalk, thus denying pedestrians unobstructed pathways. c) Many problems have come to the attention of City Council through citizen complaints. 12. That after hearing the testimony of Mrs. Weems and Hr . Higday, som car dealers present during the testimo~y felt the problems could be corrected by enforcing current codes. 13. That some car d alers who were present indicated a willing- ness to work with the City to develop reasonable regulations. 14. That the mem orandum dated Hay 1, 1985, and addressed to the attention of the City Planning and Zoning Commission was entered into the record identifying the proposed changes to the cited sections of the Comprehensive Zoning Ordin nee. 15. That th Public Hearing was closed at 10:00 P. H. 16. That the proposed changes to sections 16.4-8, 16.4-10, • ) I • • • • • - -7- 16.4-11 , 16 .4-JJ, 16.4-15, 16.4-17, and 16.4-18 of th e Comprehensive Zoning Ordinance which were considered at the Public Hearing, were ap- proved by the Commission and referred to the City Council. 16. That after con si deration of the testimony submitted relative to §]6 .4-12 , B-2 Business District , a study session is ne cessa r y to refin e th e propos d amendments. CONCLUSION 1. That proper noti ce of th e special Public He a ring wa s given. 2. That 16 persons addressed the Commission in opposition to amendments to §]6.4 -]2 , B-2 regulations . 3 . That two persons addressed the Commission concerning problems that adversely affect th e public as a result of the motor vehicle sales businesses. 4. That no one spoke in favor of or in opposition to th other sections of the Compr illl~nsi ve Zoni t\l Ordinance which wer the sub- ject of the Public Heari ng . 5. That additional consideration is n cessary to r fin the proposed requirements "'hich would set minimum land use standards for motor vehicl sales dealers within th lty. 6. That the proposed regulations to he R-3 , B-1, Design Guidelin s , I-1, Plann d D velopment, F nee and Retaining Walls, and Landscaping sections of th C mpr hensiv Zonin Ordinance will address the ar a of one rn pointed out by the Plannin St f. Therefor , it is the recommendation of th City Planning and Zoning Commission to the Cit Council that th proposed r visions to the C mprehensiv Zoning Ordinance, §16.4-8, R-3 High Densit Re idence Di - trict; §1 .4-JO, B-1, Business Zone District; §16.4-ll, Design Guideline §16.4-13, I-1 Li ht Indust rial Zone Di trict; §1 .4-15 Pl nned D velop- ment District; §16.4-17 Fences and R taining Walls and §1 .4-18 Land caping Ordinance , be adopted, and that furth r consid ration by th Ci v P1 nn!n and Zoning Commission be given to §16.4-1 2 , B-2 Business District. Upon the vote on a motion made at h Public Hearing held May 14, 1985 by Mr. Magnuson and s onded by Mr. Sto 1. Thos m mb r s voting in favor of the motion: Messrs. Barbr , B ier, Carson, Magnuson, Venard, Stoel, and Gourdin. M ssrs . Allen and McBrayer wer abs nt. By Order of the City Planning and· Zo ning Commission. \ (, ' ,' • ) I • • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONIN G COMMI SS ION Ha y 14, 1985 1 . CALL TO ORDER. The Special M eting of the City Planning and Zoning Commission was called to order by Chairman Venard at 7:00 p.m. MDfliERS PRESENT: Barbre, Beier, Carson, Magnuson, Stoe1, Gourdin, Venard. MEMBERS A.BSENT: Allen, McBrayer. ALSO PRESEN T: D. A. Romans, Assistant Director of Community Development. Susan T. King, Senior Planner. II. Jack Olsen, City Attorney. PUBLTC HEARIN G. Proposed Changes in the Comprehensive Zoning Ordinance: Section 16.4-8, R-3 , High Density Residence District Section 16.4-10, B-1 Business District CASE !110-85 Section 16.4-11, Design Guidelines for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area Section 16.4-12, B-2 Business District Section 16.4-13, I-1 Li~ht IndustriA1 District Section 16.4-15, Planned Development (P.O.) District Section 16.4-17, Fences and Retaining Walls Section 16.4-18, Landscape Ordinance Carson moved: Beier seconded: The Publi c Hearing be opened for Case 010-85. AYES: Barbre, B ier, Carson, Magnuson, Stoel, Gourdin , Venard. NA YS: Non . A.BSENT: Allen, Mc Bray r. A.BSTAIN: None. The Chainoan stated that he had proof of public noti c e that the pro posed changes were published in the En lewood Sentinel on April 24, 1985. He stated that the Commission would hear testimony on ea c h of the Sections in order. Section 16.4-8, R-3. There were no speakers in favor of or opposed to this Section. Section 16.4-10, B-1. Ther were no sp akers in favor of or opposed to this Se c tion . Section 16.4-11, Design Guid lines. There were no speakers in favor of or opposed to this Section. S ction 16.4-12, B-2. Hr. Venard asked if ther was a Staff presentation. Hrs. Romans narrated slides showing many of the used and new car sales lots in Englewood along South Broadway in the B-2 Zon District. A slide was also shown of a car lot in an 1-1 district, whi ch car lot was not screened from the adja cent residential di strict . Hr. Venard said that the first Section of the B-2 to be considered was "c", Permitted Prin c ipal Uses. Hr . Greg Thompson 4528 South Rroadway -was sworn in for testimo ny. He asked if the uses li ted i n t l Section were the only use s permitted in the B-2 Zone District. Mrs. Romans • I • • • • • - -2- s a id tha t a ny U b(' pe r mitt ed i n th•• B-1 wo uld also be permitt ed in thi s distri c t. No t y pe of ca r d ea l e r s hi p wo ul d b e in c lu d ed as a Permitted Us e. The Chairma n a s k ed if th e r e wer e any speakers wh o wished t o apeak con c ernin g Se c tion "e" of the pro po s e d Conditi o nal Use Se c tion. Be c ause there were many people wishing t o addre s s this issue, a Sign-in Sheet was used, and the Chairman called nam e s from this Sheet. Lloyd Dreiling , Kearns Je e p 3247 South Br o adway -was sw o rn in for testimony. He stated that some of the requirements pro po sed would affe c t whether his business could stay in Englewoo d. He said that he agreed that some of the conditions of car lots should be c hanged, but the City and th dealers sho uld wo rk tog ether to solve those problems. He asked that the Commission think before d o ing something which, in his opinion, everyon would regret later. He s a id that his business has a payro ll of $352,000, with Federal taxes of $28,000, Stat e taxes of $78,000, unemployment of $27,000, sales taxes of $30,000. lf his bu s iness is restricted on space, they would have to loo k for a new l oc a i o n. Mr. Dreiling objec ted t o the setbac k requirement in front and the required grass whi ch would make the ground s o ft. He stated that many years befo re they had gra ss , and people wo uld driv e a c ros s it. The bu s iness needs a fen c e. There were thefts and vandalism twice a we k b e fore the fen c e was installed, and the fen c e lowered the insuran ce r a tes, and s a ved a g gr a vatio n . Mr. Sto 1 asked if there we re any parts o f th e propo sed chang es whi c h Mr. Dreiling could support. He said th e re we r e no t. In our co untry, peo ple have always been able t o go into bus i n ess b y thems elve s , and thi s pro p o sal wo uld dis c ourage peopl fr om startin bu s ines s e s . John Seago, Coa c h Exchange 3131 South Brao dw ay -was sw o rn in fo r t es timony. He sai d that h ha d been on that c o rner f o r 8 yea r s in the c a r b us iness . H said h e wa s op po sed t o the proposed chan es. If h had t o iv e t n f et fro m the fr o nt of the l o t and five feet on the sid , hi s invent o r y wo ul d be c ut 40%; and, th ref o re, his busine s s wo uld b cut 40%. H h as a fence around the pro pert , an d thi s fen c e has pro tec ted his l o t fr om vand a lism and theft . Befor th fen ce was installed, he lost eleven o r twe l ve c ar s , 30 t o 40 t o ppers, several hundr d batteries, tires and wheels. He ca ll d th Po li c Departm nt many time s. On e all his keys were stolen; th po lice s a id the y wo uld wa t c h th lot, but on o f hi c ars was stolen. His insurance comp a ny required tha t he fen c e the pro perty. He tried 42 inc h po le s with c h ain s , but th i ves e ith e r c ut the chains or d ri v e c ar s right thro ugh o r over the c h ai n . H descr i b d sev ral thef t s that hi s busi n ss had su f f r ed. He said that most of t h crimes wer committed by juveniles, a nd e v e n when th y w r caught , no r s tit u t ion was mad , and the cases ~ re no t p r osec ut d. H finall put in a s ix foo t f nc , and t h thefts h ave c ased. He ha s a n alarm i n t he b ui ldi n . H s aid that h r un a small busin ss , and i f h is bu s iness is cut 40 , h e wi ll b e out o f busl n ss. The pol i c c nn t g i v him the pr o t ect i o n h needs ~i t ho ut a fen c . Th c h a n ges a re a t l ac ki n hi s l i ve lihoo d. Ther we r e no q ues t ion s fr om th Commiss i on. B b Ba hn , Val l y Mo t o r s 4 550 So uth Br aod wny -wa s worn i n f or t s timony . He s tat ed th t, i n his o pini on , th p ro posa l t o i mpn&e 1 ndsrnpinp, i nv n t o ry nd fen c i nr re ~ula ti o n s on th car d ea l r s i n E nrlew<~<•d L u nf. i r, nnt l -busi n ss , di sc ri mi nn t n r y an d shows a re tr a l n t o f trade. H<> s n1d t hat Val l ey ••t nro; i n mndd de nler s hlp, and h as an e xcellrn t nv ra l l oppNl r an( H< !iald t hn t t hl're ar b tt r p lan• t n heJ•I n b au tlfi ca t i nn • I • • • • • • • .. programs, and po inte d out that in the 3400 blo ck of So uth Braodway, a fire a buildln • 2~ years ar o . an d th aiteia still waiting f or beautification. p ointed t o all th e unpaved alleys with mudh o lea and weeds. There are man y and businesses whi c h need more attention tha n car dealerships. Soon there b e enou gh beautifi c ati o n t o drive out all the businesses from the City of Englewood. He said that the n ew regulations shoul d not be passed. ruined He areas would Mr. Venard asked if any of the regulations would be a cc eptable. Mr. Bahne said that som planting would be acceptable, but the ten feet of property required would be very expensive, especially sin ce their business had already given up ten feet at the rear of the lot bec ause of requirements for loading. They cannot afford any more. He has geraniums planted on his property, and would be in favor of a tree. He said he is in fav o r of trees and vegetation, but not wh en they interfer with his livelihood. There were n o further questions of Mr . Bahne. Dan O'Bryan , O'Bryan's Motors 4201 South Broadway -was sw orn in for testimony . He asked if the planting and setbacks of ten feet in fr ont and fiv feet on the sides were just strictly for car lots. Mrs. Romans said that this parti cula r section of the ordinanc refers only to car businesses, but ther i a landscaping ordinance that applies t o all businesses. Mr . O'Bryan asked if th purpos of the proposal was t o hide the cars. H said 30 ~ of his busin as was depend nt on people wh o drive by the lot seeing ca rs, and coming in to buy. Mr. Carson said that the purpos of the h aring was to listen to what the dealers think ab o ut the matter. Mr. O'Bryan said it is absurd to tak ten feet from hi s property and force him to move all his cars back. Th re were no further questions of Mr. O'Bryan. John C. Cook, South Broadway's Best 3150 South Broadway -was sworn in for testimony. He said he moved to this location in 1975, and this property was a major investment for him. He is now the landlord of that location, and collec ts high rent. The lot looks goo d, the buildings are nice, and it is maintained w 11. He said n o improvements need to be made. He is parti cularly opposed to the required ten foot setback, one car per 200 square feet, and th twelve fo o t land requirements. He said that those requirements would take 50% of th display ar a. His rent would go down 50%. He collec ts $30,000 a year in rent. Department stores and shoe stores have show cases and displays using all of their area. Car lots need to use all their area for display. His lot will b e worth less than he paid for it ten years ago if the regulations are passed. He said that other parts of the proposal ar objectionabl , but those three issues ar his principal obj ction . Phil Palmer, Watson Motors 4267 South Broadway -wa s sworn in for testimony. Mr. Palmer said that he had testified during th h earings for the Sign Code , and lost that case. He said th bus in sses are fighting for their lives in this matter. He had no objection to natur or beaut y , but the lots ne d their square footag to advertis and show th ei r cars. Ever• squ r foot is needed. The City took away much of th ir advertising ability with the Sign Code, and now wants to regulat th ir inventory. He considered this poor management, which would hurt th e lor busine sses and would driv th small businesses out of business. He said most of the slides sho~~ early in th m eting show d attractiv lots. Ther ar only a few whi ch need som regulations, and they will b out of bu lnPss because customers will not go to th ose lots to buy. Mr. Palmer said t hnt If th e proposals are pas d, w will have a color-coordinated city, and the only thln ~s that will survive are t h shrubs, n o t the business s, and certainly • I • • • • • - -4 - not his business. Thcr wl'r no questions ftom thE' Commission for Mr. Palmer. Larry Corwin, Credit Mo t ors 3232 South Broadway -wa s sw o rn in f o r testimo ny. He said that, in his opinion, the proposed chanReS were ill -adv ised. He said that car dealerships bring in people to the City, no t just f o r cars, but also to Cinderella City and nearby restaurants. He said most of the car lots look good. He said he could not afford to give ten f et f or greenery. The lots shoul d be neat, but he and hi s fa mily, life, worke rs. and 2,000 people would be affe c ed when these bu sinesses fail. He satd that he are d that the l o ts should be cleaned and no cars should b park d on the std walk. Many lots in Denver ar smaller. He said that he thinks th car d al rship are bein discriminated against and the City is trying to drive them out of bu ine s. Bru ce Cairns, Cairns Con omy Cars 473 2 South Broadwa -was sworn in for t s imony. He said that he appreciates the procedure which gives opportunity f or th dealers to give information. Mr. Cairns said that En lewood and car d alers hould be wo rking together t o promote the fa ct that the car dealer strips alon South Braodway give more variety of cars present d in a good way than any anywh r lse. The Urb an Renewal should h lp th lots that are not up to standard, and this would help all the City. He asked if there had been complaints about th lots. Mrs. Romans, in respo nse t o the Commission's question, said that she had not received any personally. Mr. Cairns asked that this be n o ted in the r~co rd. He said that car businesses, like other businesse , are concern d with me tin g the payroll. Mr. Venard asked that Hr. Cairns keep his testimony concerned with the proposed changes t o the Ordinance. Mr. Cairns particularly objected to th ten fo o t setback requirement, and warned that the changes would be un constitut i onal and would result in litigation because the car dealers h ave n ot been conf r on ted with th witnesses against them, and it is unreasonable seizure of proper t . He said that car dealers would need help paying for these regulations. He said that the front ten feet are the most valuable in the car busine ss; and, after asking for a show of hands in the audience, he asked that the record show tha no one in th audience disagreed with him. Mr. Cairns said that making th s busin sses Condi t o nal Us s would discriminate against his business. The car d alers need th f n ces , and without them would ne d much heavier police protection. He said that th Fire Department can reac h any place on his lot without an access lane. H said that passin these proposals would be making ex post facto laws; and the deal rs worry not only about being forced to meet these requiremen a, but new ones later. The rules should be limited only to busines ses whi ch are n w or being remod led. Hr. Magnus on asked Mr. Cairns to look at the proposed ordinanc on page 3 (see attached propos d ordinanc pages 2, 3, and 4). He stated that Mr. Cairns had opposed S ctions (i), (iii) and (viii), and asked if he would address (ii), parking for custom rs and employees. Mr. Cairns said th at South Broadway has two-hours parkinr on Broadway, and un il r c ntly this was strictly enforc d. He said th r is no n ed to provide four spaces for parkin~. Hr . Magnuson r fer red t o Section (v), concern ing the directin~ of lightinR· Mr. Cairn said that lights are need d for protection and advertising , but should n o t b allow d to bother th n iRhbors. Mr. Magnuson ask d abnut the Sirn Cod , Section (vi). Mr. Cairns said h e did not kn ow. Mr. Marnu <•n askf'tl ahou t (vlj), tl•l' rer.ulntin!• of th<' displav racks whi c h position bumplrR mnr thnn four f l't above the ~round. Mt. Cnlrn!l says it lR • I • • • • • - -5- o marketinG te c hnique, and whil e he is n o t aff ected, it should be a free market decision. Mr . Ma gnus on asked ab out (viii). Mr. Cairns said that existing businesses should n ot be required to comply. Passing this Section would require greater investment of time by the police department. Some people do not want fences, but it should be up to the dealer. Mr. Magnuson said that this Public Hear ing was intended to re ceive testimony from anyone affected by the proposed ordinance, and the testimony should be restricted to that so that the Commission can make an informed decision. Mr. Gourdin asked if the dealers would accept a peer group as s regulating authority. Mr. Cairns said that there is already an organization, Independent Auto 0 alerships. He suggested that the City conta c t that organization. The.re were no further question s of Mr. Cairns. Thomas Gerlick, Gerlick Mo tors 4808 South Broadway -was sworn in for testimony. He stated that h is three main objections to the propo sed chan es w re the ten foot setback with required landscaping, the 12 foot access drive and the minimum of four spa c es of off-street parkin . Of lesser concern is the 200 square feet required for each car . He said the small lot owners would not b able to comply and remain in busin ss. They purchased th property in good faith, An d if the proposals are passed, their ability to mak a living will be jeopardized. He had no objections to the other items. Mr. Carson asked Mrs. Romans ab ou t (iv). Mrs. Romans said this would require a twelve foot lane on the site availabl for a ccess by em rgen cy vehicl s. Mr. Gerlick said any emergen cy vehi c le should be able t o r ac h anything whe n the depth of the lot is usua lly only only about 125 fe t d ep . Mr. Barbre ask ed h ow mu c h square footage is used for each of Mr. Gerlick 's cars. He said he uses about 180 square feet, and this is one o f his lesser objec tions. Ken Kauffman, Ken's Quality Cars 4400 South Broadw y -was sw o rn in for te&timony. H ask d the Commission to cons id r h ow th proposed law would aff ct his business. Cone rning the setback and parking requirements, he said he has 75 f et of fronta e and the lot is not very deep. He has 30 cars on display. With the ten fo o t setback, and the five foot sid setba c ks, and the 200 square f ot r qui reme nt, his inventory would be redu ced and only 19 unit s could b di spl a y d. H could not survive as a business. He alr ady h as s driv lan , and h s n o objec ti o n t o the lighting and Sign Code requirements , but the display rack h as nev r injured anyone , and, while risky t o the d ealer from a th ft of parts standpoint , sho u ld be p rmitted. He said the fencing would l ow r insurance rate s , although he does not like the fences. He said h e ha s been f ortunat in n o t beinr seriously aff ct ed by th fts o f cars, but h e h as hod petty th ft and vandalism. There were no qu es ti o ns o f Mr. Kauffman . Be rni ce Tayl o r, owner of 2900 and 4490 South Broadway -was sw o rn in for testimony. She stated that h r hu s band has been in th ca r business f o r 15 years. At 2900 South Broadway th y s o ld classic ca r s f or three ye a rs, puttinR up a six foot fen ce after twn y ars. Thev pr f r a co rn r l ot be c ause ther is mo re frontaR They wer e dri v n o ff of St,u t h Rr c-.1clw11y ht'caus of tlw th ftiL Sh said tha t the h cou tifi co ti on attempt seems t o 1 dir c ted t o onl ca r dealers. Mr. Venard • 0 I • • • • .. said thi s Sect i on dPes appl y only to ca r dealers, but there is a lands c ape ordinance wl1i ch applies to the other businesses. She said any new laws should apply only to new businesses, and passin R this ordinance would take away property fr om the owners. She had no objection to sign regulation and lighting re~ulations, but asked that their property not be confiscated. Mr. Venard asked if there would be objections if these regulations applied only to new busin see s . Mrs. Taylor said she agreed that there are areas of South Broadway in need of beautificatio n, but it cannot be done immediately, and the City cann ot confiscate property that has been owned for some time. Mr. Jim BAhne, Valley Motors 4550 South Broadway -was sworn in for testimony. He stated he opposed every item of the proposed changes exc ept the adherence to t h e Sign Code. He said that not all the regulations would directly affect his business, but not all businesses are the same. He said that, in his opinion , t h e proposals are discriminatory. He said downtown Englewood looks bad, and asked why only car dealers were being regulated. The State and Federal laws are already a burden with meaningless laws (window stickers were given as an example). He invited the Planning Commission to visit his lot. He said the proposed law would take ten feet of his property which is needed for display and parking. He asked that the Planning Commission thoroughly research the subject. He said that of all of the car dealers present, Mr. Higday contac ted only the largest dealer. Mr. Carson said he had walked by all th lots. Mr. Bahne asked Mr. Carson to come in and hav a cup of coffee, and Mr. Bahne would show him how the business would be negatively affected. Richard Funk, Richard 's Motors 3787 South Broadway -was sworn in for testimony. He said that he has artificial landscapin , which is mor efficient. H has 12,500 square feet of property, and about 1,662 squar feet is used for th building. The new requirements would take 3,813 square f et, 1 aving him 7,025 square feet for car display . Using the price he paid for the property, he wo uld be donating to the City $51,322, and he thinks th land is worth more than that. He said he has a chain link f nc on the back of the property because h sells Corvettes. H has made many complaints to the police about theft and vandalism, and has yet to have one dollar return d. He is insured, but there is $1,000 deductible. He has been considering building a showroom for security or adding a fence in front. The new regulations would prohibit either option for protection. He said he had no objection to the Sign Cod regulation, but needs to have good lighting to prevent theft. There were no questions of Mr. Funk. Mrs. Lavina Weems 4851 South Lincoln -was sworn in for testimony. Sh stated that she is a neighbor of one of the car lots. She said that Bill Crouch's Mitsubishi employees park in front of her house. New cars are parked on th street for weeks at a time. She said that they should be limited t o parkin on th ir lot. She said that the re c reational vehicl e lot on 4800 South Broadway washes the vehi cles near the alley, th water drains int o the unpaved alley and makes the alley a mudhole. Th resid nts are unable to use the alley berause of the mud. Th lots should be required t o hav drains on the lots or t o pave the alleys. The asphalt on the lots makes th wat r run int o th all y, She said Broadwa y will be like Colfax if any mor car dealers mov in. Th r w re n o questions of Mrs. Wee ms. I • • • • - -7- Dave Wc~ncr 4 677 South Broadw ay -was sworn in . He stated that he is opposed to the new ordinance. He has s leasin~ company whi c h moved int o En~lewood two months ago, and he wo uld not hav e located in Englewood if he had kn own of these proposed regulations. He said that the regulations are discriminatory, an d will prevent busines s. He said they are ill-prepared, and the Commiss i on should a gree with him. Hary Lester, Harry's Specialty Auto ~15~ South Broadway -was sw orn in for testimony . He said that he is confused about the intention of the ordinance; he asked if it is to beautify Englewood , bring in revenue or get rid of all the used car dealers on South Broadway. He said that it appears that the intent is to get rid of all the used car dealers. He said he has a chain link fence around h is lot, and that it has kept him in business. The theft was horrendous. He said the building next to his property i s right on the sidewalk. They should have to remove their building if he has t o provide ten feet alo~g the front of his property. He said that there is a Denver Post and Rocky Mountain News stand attached t o a bus bench in front of his property; and this stand looks much worse than anything on his lot. H said that people come from out of state t o see his car lot because they have heard about his l o t. He said bad car lots will go out of business. He maintains his property, and the new rules would only cost money and woul d not h elp Englewood. Jim Higday 4970 South Washington -was sworn in for testimony. He stated that he is the Englewood Councilman for District III. He said that this is a serious situation for the people in District III. There have been many people wh o responded to it. The City has re ce ived a lot of response . H said th e Planning Commission will consider the matter, pass, reject or ammend it and send it on to City Council for final decision. He said that the motive for the regulations was that th r had b en many complaints. He said that th re is a serious problem, and h ask d that th Planning Commission consid r the matter carefully. He said that what is done about the problem may be negotiable, but something must be d one. He said there are many car dealers along South Broadway wh o are welcome assets to the City, but there are some wh o , in his opinion , shouldn't be in Englewood. Mr. Stoel asked what the problem is. Mr. Hi gday said that the problem is the increasing number of used car lots. Nearly every time a property is vacant a car dealer moves in. H said that he had no objections until citizens said the lots were blatantly disregarding the Sign Code and Landscaping Ordinance even after rep ated r quests to comply. There has been a safety problem because autos are being parked on the sidewalk, 1 aving n o place for people to walk. If people walk across the lot, they ar ordered off. Ther is no plac e for employees to park, and in many cases, no pla ce to park emergency equipment. Cars are so close together th t a fire would spread through the cars, and the Fire Department could not prev nt that. Som of the cars for sale are b e ing parked on South Broadway. Some of the dealers appear to care neither for safety nor aesthetics. R venu t o Engelwood is not the point; he is interested in the safety, conv nience and welfar of the peopl~ and the City and th ability of the Fire and Police D partments to provid emergency service. Mr. Corwin stated that he had not h ard that anyone had be n injured be cause of sidewalk parkinR. He ask d for sp~cifics. He said that it is usually customers who park on the sidewalk, and h has always asked them to mov . The problem ha s nothinR to d n with th car deal rs. The dealers want to make a livinR and Ret olonr with tht• City. lit· quoted tlr. Hlpday's rem a rks tn the I • • • • • .. - -8- Encl e wood Sentinrl, sayin~ that the atmosphe re on South Br oadway is n o t conducive t o used c ar lota. Mr. Co rwin said that it is conducive, or they wo uld n ot remain on South Broadway. Mr . Corwin said that, if there had been su c h a tremendous upr o ar from the citizens, mo re than one citizen would have attended the meetin g. He said there are houses in Englewood that are health hazards, and the City should do something about that. MrR. Romans entered a letter into the reco rd, whi c h wa s read by Mr . Venard: TO: Gerry Venard, Chairman Planning Commission and TO: Counc ilman Higday For Meetin g May 14, 1985 FROM : Dorothy Sc hmidt 4085 South Lin coln I am unable to attend your hearing , but I took pi c tures May 3, 1985 a n d am attaching these with notations. Our neighborhood has had a constant battle with car dealers, repair shops wh o use our streets as a dumping area for car (sic) in all states of repair and disrepair, some unlicensed. It seems that in line with the Council's new sign ordinanc e and the downtown area renewal that helping residents keep the streets free of extra cars would no t be unreasonable. My understanding is that from the all e y west t o Broadwa y is zo ned business. From the alley e ast t o Linco ln is zo ned R-2. How then can car dealers use our streets as a parking lot ? First picture--"Corner of Br oadway and Nas sau. Taken 5-3-85." with a note stating "Junked for week s " with an arrow t o a ca r o n the south sid e; on the north side "a sign by do or 'Hack's Little Lot' apparently from a d ea ler who moved out further South on Broadway. Sign overhead is Little Wheels Saab repair. 3998 South Broadway." There is also a notation "drive way t o M1C O". There were also two pictures taken on 5-3-85 showing cars with no lic ense, a blocked driveway to a garage. The garag e belongs to Bob Neudock, 3997 South Lincoln. Picture three showed a car parked on the street with a dealer tag. On page 4 of the letter were tw o more pictures taken 5-3-85. One showed a car with no license which was parked going the wr o n g way on Nassau , near the same pro p rty, and th r is a n ote a·ing that th car stay d th ere th e 3rd , 4th and 5th of May . Pi c ture 5 wa s another view of th same car. On page 5, two more pictures show a car with a d eale r t ag parked in front of a residence east of th e alley. Mrs. Sc hmidt cont inued: This morning May 14, 198 5 the following cars are on the street East of the alley along Nass au from Broadway t o Lincoln . 1-F-150 White pickup with d ealer insignia Colorado Chry sler Plymouth 2-Unlicensed blue Chevrolet (old in disr pair) 3-Unlicen~ed AM C Eagle I • • They are usin r. th s l d o that ? How Ion • • - -9 - streets as a lot to conduct bu iness. can l leave my car unli censed? Could Coun c ilman Higday, I hop e you are able to implement the proper ordinances to at least keep our streets free from these nuisances. Sincerely, Mrs. Dorothy Schmidt 4085 South Lincoln This letter was entered into the record as Exhibit I, and Hr. Venard said that it could be viewed if anyone in the audience wished to see it. Mrs. Romans asked that in Sec tion 16 .4-12 e (1) (a) (it), that the R-2-C/S.P.S . be added. This is a new zone distri ctly recently created by the Coun c il, and should be included. Mr. Bob Bahne, who h ad already spoken, asked to answer the letter from Mrs. chmidt. He said it did not apply to the new ordinance. The parking problem can be solved by enforcing the present ordinance. The cars should be ticketed, and, if necessary, towed away. He said that the point of the letter was that the neighbor doe s not like car dealers. He said that car dealers want to do the job right. He said if any dealer violltes the law, he should be ticketed, and if it continues, the car should be towed away. He said the main problems with the proposed ordinance are the ten foot setback, fencing and driveways. The Chairman de clared a five-minute recess at 9:25 p.m. The meeting reconven ed at 9:35p.m., with the same people present. The Chairman asked for further comments. There were none. Mr. Venard thanked people for comin to give input to aid the Commission. Mrs. Romans asked that additional changes be made in the Landscape Ordinance: Section 16.4-18 b (1) (a), include R-2-C/S.P.S., also in Section 16.4-18 c (2) (b). In Section 16.4-18 c (1) (e), add "In all zone districts the street tree requirements are in addition to the requirements for minimum living plant material"; (e) becomes (f), (f) becomes (g). It was also noted that Sections e and f should be changed to d and e in the Landscape Ordinance. Carson moved: Courdin seconded: That the Publi c Hearing be closed. AYES: Barbre, B i r, Carson, Magnuson, Stoel, Gourdin, Venard. NAYS: None. ABSENT: Allen, McBrayer . The public hearin w s closed. The members agreed that th B-2 section of the proposed ordinance would require further study. Magnuson moved: Stoel seconded: That the changes as published and suggested at this meeting be accep and passed on t o Council, with the exception of the B-2 district. AYES: Barbre, Beier, Carson, Magnus on , Stoel, Gnurdin, Venard . NAYS: None. ABSENT: Allen, McBray r. • , I • • • • • .. -10- The mo tion carr i ed. Open dis cuss i o n on the B-2 followed. Hr. Ca rson sugg ested a study session to b e hel d in conjunction with the me e tin g to be held on Hay 21, 1985. The Comm ission ag r eed. Hr . Stoel sugges ted that the Commission review what had taken pla ce at the meeting and list its concerns and conc lusions from this meeting. He said that h e is not clear as to wh y the changes were suggested bec ause there does not seem to be a major problem. The current laws should be enforced. He said the retroa ctive nature of the phr as ing of the proposed ordinance is, in his opinion, out of the qu estion; but he would accept the Conditional Use status for car lots. He suggested keeping Sections (v), (vi) and (vii), permitting fences, and keepin g the drainage and site plan regulations. He said that the dealers canno t do much landscaping. Items (i) through (iv} should be removed, in his opinio n . The Conditional Use application and hearing should take care of problems, and should not require heavy guidelines. Hr. Beier said that man y of the lots are very small with little depth. They ma y not be able t o meet setbacks. He toured the lots on the north end of South Broadwa y . The l o ts seemed acceptable, having driving lanes and no parking on the sidewalk. The areas should be pol iced and the ordinanc e en fo r ced. Fencin g must be allowed. Sections (iv) throu gh (vii) and (ix) should be retained, and (i) throug h (iii) and (viii) should be taken out of the proposed ordinance . He said that he does no t think the d ea lers can pol i ce themselves. Hr. Gourdin said Sec tio n (viii) is n ecessa ry. Fenc ing i s offensive , and makes Englewood look like a crime area. He co n cu rred that Sections (i) throu g h (iv} be removed , and (v) thro u g h (vii) and (ix) sho uld be retained. He agreed that the auto dealers should b conditional us s , and should supply site plans . Hr. Magnu son said that th r should b e s ome setbac k with l andscap ing , although it mi ght not have to b t n feet, and bumpers cou ld stick out over the grass . He sugges ted removing (ii), and (iii) should have modificat ion. He said an a ccess lane was probably n o t ne c essary, but suggested keepin g (v) an d (vi). He disag reed with (vii) and (viii). The rest was fine. He suggested that the City should pav all the alleys. Mr. Barbre a greed that the c ar lots should be conditional uses, and suggested reduc in g the setback t o fiv feet. He said making the law retroactive would wipe out some of th businesses. He said that there are o nly a few dealers caus ing the problem. H said that other busin sses use the curb for cus tomers . Employees often drive th e lot 's cars. S ction (iii) might b r educed f r om 200 feet, and (iv) could be r duced. H ugg ted keepin (v) through (ix). Mr. Carson disagreed with (i), felt th re should b a place for employe s t o park, su gested redu c ing (iii) t o 150 square feet , disagreed with (iv), su ges ted k eeping (vi) and (v), had no obj ction to auto display racks abov ground lev 1, and, unless th re w re evidence that th r is a reat deal of crime , wo uld agree with the fencing s ct ion. Hr. Go urdin sugg st d draftin a 1 tt r to th Independent Auto D ale r ships , asking that peer pr ssur be appli d for improvemen t in conditions. Hr . Ven a rd said that som of the own rs of ca r lots h ave no t been good r espons ible c iti zens. Som of th speak rs offered t o me t with the Commission, and he would like t o se a group form d t o n co ur things t o improv . H said that he wo uld lik th Co ission t o t akr pl~nty of time t o mak a decision . • I • • • • - -11- Mr. Beier said there should b a mini u lot area required . Hr. Stoel aaid tha t each appli cant could bring the matt r before th Co iaaion. Mr. Beier, Mr. Courdin a nd Hr. Ma nuaon, au ated further research into how neighbo ring communities are handling thia proble Hr . Carson aaid there are n o fen c es al on Havana or in Littleton and Aurora. Mrs. Romans aaid the lots are condit ional uaea, or require special permits in those cities. Hr. Barbre aaked that it be considered that a change in ownership would require another conditional use hearing . Hra . Romans aaid that could be stipulated. Hr. Stoel aaid that the wave of the future vill be indoor ahovrooma. The meeting was adjourned at 10:45 p.m. Sheryl Rouases, Recording Secretary • I . • • • - TO: City Planning and Zoning Commission FROM: D. ~ns, Assistant Director of Community Development DATE: Ma y 1, 1985 SUBJECT: Amendment s to the Comp r ehensive Zo ning Ordinance to be Considered a Publi c Hen ring on May 14, 1985. You will recall that 1 polled you by phone about setting the date for the Publi c Hearing on Ma y 14 to cons id r am ndments to the sections of the Compreh nsive Zoning Ordinanc These proposed amendments are to the sections of th Comprehensive Zo nin Ordinan ce which hav already been adopted by the City Council, and most of the changes address issue that were rais ed during th e City Council's discussion of the Zoning Ordinan ce . The rest ar • propdsed to clarity intent or to bring wording into conformance with similar s tions elsewh er in the Ordinance . A copy of th legal noti ce of the Public Hearing is attached for vour information . I have added num bers in th left hand margin and, r ef r- ring to those numbers, will summarize th proposed am e ndment. 1 2 3 4 5 Propos d Ame ndment First line: "should" would b chan ed to "shall". Any de- v lopment of one acre or more would be required to file a development plan . Persons constructing retirement homes, senior citizen h ousi ng, rest home s or nursing hom s would be r quired to file a de- velopment plan. "and buildings" was added to be consistent with other sections . "750" square feet of floor ar a will correct an obvious ov rsight in printing. Th wording in the last three lin s of §16.4-8 k(l) ar added to sub-s ctions (2) and (3) to cla ri fy that no less than the total sid ard s tback is requir d between two principal build- in s to provide fire s fety, privacy and open space. For ex- ample, the total side yard etback for a single-family house is 10 f et and the minimum tback is thre feet. Two hou es being constructed on adjoining lots would have to have 10 feet b tween th m, and not six feet which could result if the mini- mum s tback was provided on the south of one house and on the north of th e other. Tile rul of thumb is to provide the mini- mum setback (three feet) on the no rth and the remaind er (seven f et) on the south. This always provides at 1 ast the 10 f et o r total setback between house s . • I • • ( Number 6 7 8 9 • • - -2- Proposed Amendm nt "or brick pavers" is added to be consistent with oth e r se c tions. This section is chang d t o conform to action taken by the City Co un cil t o eliminate a r est riction on th e numb e r of storage sheds , but to place the control on the maximum area. At the requ est of the City Co uncil, asphalt paving or r oofi ng bu si nesses are prohibited as home occupations. Towing businesses hav e also been add ed because of the number of neighbor complaints. Changed to read: "Parking areas shall be scr ened ... " rather th an "should". 10 The empty w ight was 7,000 pounds (70 c.w .t .) and it would be changed to 6 ,000 pounds empty w ight to conform with other sections of th Ordinance. 11 "and facilities" has been added to be uniform throughout the Ordinance. 12 Would add that projecting sign faces "shall be parallel to each other with no space between th e faces . 13 Would eliminate automobile sa le s lots , gasoline and oil ser- vice stations, and the sale of recreational v hicles, b oa ts, trailers, etc ., as a Permitt d Principal Use. This conforms with the Planning Commission's action at the last m eting to make all automobile-related uses a Conditional Use. 14 Establishes the Conditional Use rquirement s for sales lots for new and used automobiles, motor vehicl es, recreational v hicles, boats, trailers and motorcycles. 15 Establishes standards for automobile service stations. (Should be titled "gasoline service stations" to conform with definitions.) 16 {2) Setbacks. Subsections (a) and (b) were added as th result of Council di sc us sio n. It would apply minimum set- back requirem nts for all uses in the B-2 Zone District. 17 18 It would require a planned development to be filed for any development of one acre or more. ln subsection o (2) "no less than" would be c hanged "to no smaller than 1" equals 20' ". This change wi 11 be mad through out the Ordinance at Council's request. §16.4-15 a (1). The third, fourth and fifth sentences would be added at Council's requ st. c. Third lin e "no less than" would bP changed to "n o small r than". • I • • • 18 • • - -1- Proposed Am e ndm e nt Continued. e(l) "must" would be chang d to "shall" in th second line. (2) "must" would be changed to "shall". 19 116.4-15 e (7) This section would be added at Council's r e- quest. 20 Se tion 16.4-17 c (3): Omitted the re~uire ent that rear yard fen c es whi c h abut the side yard of an adjoining property be 50 7. open in front of the front building line of the house on the adjoining property in order to be consistent throughout the Ordinance. 21 Sectilr616.4-17 c (9), 16.4-17 d (4) and 16.4-17 e (6). Added the words "any damaged" or dangerous fence shall be removed or repaired. 22 Section 16.4-17 d (2). Eliminates the provision permitting barbed wire in the business districts. 23 Table 16.4-17A ha a been added lttting forth standards for sight visibility at corner lots. 24 Section 16.4-18 a (4) and Section 16.4-18 b (1). Adds the words "any change in use". 25 Section 16.4-18 c (2) subsections (a), (b), (c), and (e): In the residential zone districts, street trees would be required to be a minimum of five (5) feet rather than 2~ feet behind the sidewalk and in th e business and industrial districts, a minimum of five (5) feet from any paved surface rather than 2~ feet. 26 Sections 16.4-18 b (1) (a) and 16.4-18 c (2) (b). The R-2-C/S.P.S. Zone District is added. 27 Clarifi ca tion is made that street trees are required in addition to the minimum living plant material. The staff will be prepared to dis c uss these proposed amendments with you at the meeting on May 7. I . 2 3 5 ( • • • • NOTICE for hearing before the Engle wood Planning Commission on May 14, 1985 at 7:00p.m. in City Council Chambers, City Hall, 3400 S. Elati Street , Englewood, Colorado, to consider amendments to the Comprehensive Zoning Ordinance, Title XVI of the Englewo od Municipal Code. Section 16.4-8 R-3, High Density Residence District. It is inherent in this goal that th e following be considered: * b. A development plan should •be submitted for all r esi dential developments having more than four dwelling units or for any development of a lot having one or more acres in area . (first * paragraph only changed) Permitted Principal Uses. (6) Retirement or senior citizen housing, rest homes, and nursing homes. Planned Development approval is required. (11) Public facilities •nd buildin-, d. Floor Area. (l)(b)(ii) Two bedroom unit •.••.•••... ~§gg 750 square feet. k. Minimum side yard. (1) Single-family detached dwelling •• • . . • • .• • . • . . • 3 feet with a otal of 10 feet for both sid s and no less than 10 fee between principal buildings on the same or adjoining lots, whether or not under th e sam e ownership. (2) Single-family attached dwelling and two, three or four-family dwelling ..•••••.••.••••.•...••••• 5 feet, with a total of 14 fee for both sides and no less than 14 feet between principal buildings, whether or not under the same ownership. For purposes of total sideyard setback, the setback shall apply to the entire structure, not the individual units. (3) All other permitted principal uses •••••••.••••••. 15 feet for each side and no less than 15 feet between principal buildings, whe h r or not under the same ownership. • , I • 7 8 • • • • • m. Minimum off-slrect park~. Off-street parking are as or lots shall be of a hard surface , ei h r pav ed with asphalt, concrete , or brick p ave rs. o . Accessor y Buildi n gs and Permitted Accessory Uses. (2 ) Storage Shed . Ne ~ ~e ~e ~R a A eA e a ~e~a~e &R ea &Ra l l 8e pe~~i~~e e p e~ ew elli A !~ Ne e ~e~a~e e kee e kall e Meee e l99 e~~a~e iee~ •A a~ea ~ ( 6) (b ) Total area 100 square feet . ~&t Maximum height •...•..•..•••••.•••..• 1 0 feet . (C ) ~et Minimum side yard •.•.••••••.••••.•.• 3 feet . (d) (renumbered only) ~&t Mi n imum rear yard ................... 3 feet . (e) (renumbered only) Home occupation . Occupatio n s c ustomaril y i n cidental to t h e p ri n cipal use a & a residen g• when conducted in the same d welling , provi d ed that t h e follo wing co n ditions are met : (k) In n o event shall any home occupation include the fol low i n g busi n ess or commercial activities : ( i) ( i i ) ( i i i) ( i v) (v) (Vi) (vii) (viii) ( ix) (X) An imal hospital or kennel . Asphalt paving or roofing business . Barbers , hairdressers , cosmetologists or beau icians . Body , mechanic 1 repair , or modification of motor vehicles. The sale , s orage , manufacture or assembly of guns, knives or other weapons or ammunition other than for personal use. Commercial health care facilities. Restaurants . Towing business. Wholesale or retail sales of any items on or off the premis s excluding Section (a) and Section (b). Processes involving the dispensing, use or recycling of hazardous or flammable substances and materials. No regulation is intended on the sale of flammable substances which are properly packaged • -2- • I • 9 10 11 12 13 • p. • • - Environment a l b~aRea~es Considerations consistent with good c1v1c des1gn shalf-oe-lncorporated ln -all development. (2) Parking . (a) Parking areas shall be screened from public view by landscaping. q . Other Provisions and Requirements. (1) No truck exceeding six thousand pounds empty weigh t (60 c .w.t .), no automobile trailer , b us or motorized recreational vehicle exceedi n g 22 feet in length , and no truck -tracto r or semi-trailer shall be parked or stored on any lot. Section 16.4-10 B-1, Bu siness District. b. Pe rm itted Principal Uses . ( 75) Pub lic buildings and facilities. Section 16.4-11 Rehabilitation of e South Broa way Incentive (e) Signage. ( i) b. Proje cti ng signs shall only be located in the sign zone and shall b e no larger than 12 square feet per face and 24 square feet total . P rojecting sign faces shall be parallel to each other wi h no space between the faces. Section 16 .4 -12 B-2 Business District . c . Permitted Principal Uses. No building , structure , or land shall b e used and n o building or structure shall be erected , structurally altered, enlarged or maintained unless otherwis e provided for in this Ordinance, except for one or more of the following uses: (1) Any use permitted in th B-1 Business District. (2) Animal hospitals, kennels to be enclosed and runs enclosed by a fence six (6) feet high. (3) Auction houses. -3- • I • • c H + ( 4 ) (5) (6) ~8-t (7) HQ-t (8) (9 ) ( 1 0) HH (ll) • • - A ~~e~es++e e a~ee e ~ ~ea s e Re t 4A e l~e+A ! e e~~e ~e+al Y eR+e~e WEee k +A,? 8 4e ~a A !l +A ! e ~ ~~Ak y a E es ~ Drive-in eati n g or drinking estahlishments . Feed ann seed stores (excluding the sale or storage of hay). Food loc ker storage . Ho s p i t a ls and co n v al escent hom es . H8~8E Yeh+ele ea~ee BE lease~ Mo rt u a r ies . Mote l s . Pawn s h ops a n d seco n d hand sto r es . ReeE e a~48Aal YeR+el e s a l e s 8~ l e as e ~8 +Ael~ee B8a ~s? ~Ea +l e Es? ~8 !eE e y e les aA& 8~R e E Ee eEe a-H8A a l Yeh+elltlt Reside n tial Us e : mus confo r m to th e d evelo p ment re q uireme n ts of the R-3 , Hig h -De n sit y Reside n ce Dis rict. Ame n d B-2 Business Zon o add as a conditional use : 14 e . ~itional Us s • (2) Sales lo s for new and used automobiles , motor v ehicles , recreational vehicles , boa s , trailers , or motorcyc l es . ( i) The sale of n ew and used automobiles , motor vehicles , recreational vehicles , boats , trailers or motorcycles at retail shall be by a dealer licensed by th e State of Colorado and such business may includ s e rvice and accessories, but shall not include the rebuilding , overhauling or steam cleaning of motors , repairing or repainting of bodies , or reupholstering , except as a use incidental to the said sales , and except where entirely conducted in an enclosed structure . Recapping of tires shall not be permitted under any circumstances . -4- I • • ( • • • - (ii) All such sales lots, in addition to all other requir e ments of the City ordinances, must meet the following requirements: a. A minimum ten-(10) foot front yard setback shall be provided which shall be landscaped in conformance with the Landscaping Ordinance. On corner lots, the setback shall be a minimum of five (5) feet for a distance of one hundred (100) feet from the corner. A 20-foot access lane may intrude into the setback area at th e request of th e applican at time of approval or amendm e nt to the conditional use. b. Parking shall be provided for customer and employee cars. A minimum of four (4 ) spaces shall be provided for these purposes. c. Not more than one (1) car for each two hundred (200) square feet of exterior car sales lot space will be permitted. d. A drive lane shall be provided from public right of way to structures located on the premises for access for emergency vehicles. The minimum width shall be twelve (12) f et and the drive lane shall be kept free and clear at all times. e . Ligh i ng shall be directed so that the beam, if any, shines on the premises. f. The sign plan for the premises shall comply with the Sign Code for the City. g. No auto display rack shall position the bumpers of an automobile more than four (4) feet above the lowes grade within ten (10) feet of the rack or sidewalk grade at the point nearest the display rack, wh ichever is lower. h. Fencing shall not exceed forty-two (42) inches along the front yard and shall not be closer to the street than the required front yard setback. Front yard fencing shall not be of woven wire material. -5- • I • • ( i i i ) • • - i. A drain ag plan shall b e submi t ~d wi h the sit plan and b e approved by the City Engineer. Site plan submitted. The applicant for approval of a sales lot for new and used automobiles , motor vehicles , recreational vehicles, boats , trailers , or motorcycles shall submit a site plan at a scale no smaller than one inch equals fifty feet (1"" 50 ') to the Department of Community Development in conformance with Se ction 16 .4 -15 of this Ordinance. a . The site plan shall sho w compliance with all requirements of this section of the ordinance and all applicable ordinances . (iv) The maximum number of automobiles , motor vehicles , recreational vehicles , boa s , trailers , or motorcycles allo wed for all purposes shall be specifically approved on the site plan and the maximum number of said vehicl el permitted On the premises shall be posted in a conspicuous spot on the premises. More than the permitted maximum number of parked or st nding vehicles on the site shall be a violation of this ordi n ance . (v) Approval of Conditional Use . a. Approval of the sale of new and used automobiles, motor vehicles , recreational vehicles , boats , trailers , or motorcycles shall be conditional in compliance with the foregoing requirements . b. The conditional use may be amended from time to time as requested by the owner of the premises in the same manner as a new application for conditional use. (vi) Effective date. The provisions of 16A. 4-12 (e) (2 ) (ii) (a) setback and landscaping provisions shall b ecome effec ive and implemented by all new and used au omob1le sale uses on a change in ownersh ip but not later than July 1, 1987. I • • }5 ( • • • • (3) Autom obi l e servic s atio n standards. The following performance and development standards shall apply to all permitted automobile service station uses: (i) Uses permitted: An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally req ui red in the operation and maintenance of automotive veh icles and the fulfilling of motorists' needs. Major automotive repairs, painting, body and fender work are prohibited. (ii) Building line regulations: Building setback line for all structures shall be twenty (20) feet from the ultimate street right of way line, except canopy roofs over pump islands and lighting fixtures may be cantilevered to within five (5) feet of the ultimate street right of way line. (iii) Exterior displays and trash and storage: No displays or storage of merchandise, automobiles, parts or refuse shall be located closer than twenty (20) feet from the ultimate street tig ht of way line, and all trash and refuse shall be stored in a building or within an area enclosed by a wall at least six (6) feet high. (iv) Lighting. All lighting shall be designed and located so as to confine direct rays to the premis es . (v) Outside activity: All activities, other than the sale of motor fuels and the normal services incidental thereto, are prohibited outside of the main building . (vi) Screening: A masonry wall shall be installed and maintained along property lines wher e the premises abut a residential area. Such wall shall have a total height of not less than six (6) feet, except within twenty (20) feet of any ultimate street right of way line, where the height shall be not less than three (3) feet nor more than three and one-half (3 1 /2) feet. -7- • I • • 1 c • • • - (vii) Land scapi ng: a . Boundary landscaping is required for a m1n1mum depth of five (5) feet along all property lines abutti ng streets, except for the area required for street openings . b. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area . c . Permanent watering facilities s hall be provided for all landscaped areas . d. Required landscaping shall be maintained in a ne at , clea n and heal hy condition . This shall include proper pruning , mowing of lawns , weeding , removal of li ter, fertilizing , replacement of plants , when necessary , and the regular watering of all plantings . ~~t Motor Vehicle Repair businesses ! not including body or (4) fender work , dismantling or c '1 ision repair , etc. (renumbered only) ~3t Motor Vehicle Laundry or Polishing business , which shall (5) comply with the following conditions: etc . (renumbered only) ~4 t Amusement establishments including but not limited to: (6) billiard halls , etc. (renumbered only) g. Development Requirements . (1) Maximum Height of Buildings . Sixty (60) feet . (2) Setbacks . (a) Minimum setback for noncorner lots shall be ten (10) feet. (b) Corner lots shall have not less than five-(5) foot setback for the first one hundred ( 100) feet from the corner. More than one hundred (100) feet from the corner shall have a ten- (10) foot setback. (c) Where a property zoned B-2, Business, abuts upon any property zoned "R" Residential District, the residential front yard requirement of the abut- ting Residential District shall apply to that portion of the property in the B-2 Business District except as to side yards on corner lots. -8- • I • - ( c • • - i~ Minimum Off-street Private Parking and Loading. {3) (renumbered only) 3~ Liqu efi ed Petroleum Ga s Installations. etc. (4) (renumbered only) ~on 16.4-13 I-1, Light Industrial. 17 b. Planned Development. A Planned Development shall be filed for the development of any lot having one or more acres in area. See Sect ion 16.4-15 for development procedure. • &~ Permitted Principal Uses. etc. c . (renumbered only) e~ Prohibited Uses. d . (renumbered only) e~ Maximum Gross Floor Area in Structur s. e . (renumbered only) e~ M1nimum Setback. f . (r numbered only) i~ Private Off-Street Parking. g. numbered only) Off-Street Load ins . I • Permit ... J . only) s. 1.. Landscapins. m. (renumb red only) M-. Procedure for Development of Mobile Home Parks. n. (renumbered only) fl-. o. Standards for Development of Mob ile Home Parks. (renumbered) (2) Information to accompany the Mobile Home Park Development Plan. A complete Development Plan for the purpose of obtaining a Mobile Home Park Permit shall be drawn to scale (no smaller th a n 1" equals 20') and shall show or -9- • I • 18 ( • • • .. s t e : (balanc of 16.4-·13 th e s am ) ~~~n 16 .4 -15 Pla nn ed Development (P .O.) Distric . a. Requirements. ( 1) Developm ent under the Planned Development District regula- tions sh~ll b e subject to the provisions of this Ordinance as well as the basic zone district with which it is combined. Where a con:lict occurs between an approved P .o . and the regulations of th e underlying zone district, the approved P.O . sh all prevail. Density shall be considered within the ap?roval process for a Planned Development . Th e density allowed by this Ordinance for the zone distr i ct can be increased only with the approval of the City Council. The approving agency may require that an applicant for a Planned Development waive any density increase per~itted through variance. This shall not preclude density averaging within a Pl anned Development having an area of 10 acres or more and und er one ownership . Density averaging shall apply only within the same zone district unless approved by the City Council through the Planned Development. (2) In order to encourage good design and flexibility, all or part of the subdivision regula ions applicable to the development may be waived if all public improvemen s and co nveni ences will be consumma ed through other documents and agreements . Jf Planned Developm nt approval is withdrawn after any subdivision waiver has been gr nted , or if cons rue ion of a Planned Development has not been start d wi hin two years from the date of approval by the Ci y Council , he waiver shall be null and void and the property shall be subject to the Subd ivis1on Regulatio ns. c . Application. (1) Development Plan. A dev elo pmen plan showing the major details of the proposed Planned Development at a scale of no sm aller than 1" equals 50' and in sufficient de ail to evaluate the land planning, building design , and other features of the proposed developmen • The developmen plan must con ain , insofar as is applicable, the following minimum information. e. Standards. (1) ( 2) Uses permitted. The ose in the Planned Developm n shall be a Permitted Principal Us in the Zone Distric in which the Planned Developmen is located, or a use permitted pursu ant to other provisions of this Ordinance. The Planned Developmen shall b consisten wi h the -10- • I • • ( (6) • • - in n of the Compreh n si ve Plan and the policies therein . (a) If th e proposed developm e nt includes multipl e fam il y or norresiden ial buildings or structure s and it is adja~en to a single-family residen ial use districc, the de vel opmen t shall contain a buffer . In order to minimize any adverse effect s on the ad j acent single-family area, the b u ff e r shall not be less than a twenty-five (25) foo t landscaped area and an opaque six (6) foot decorative fe~ce shall b e provided. Section 16 .4 -15e(7) Density. 19 Density shall be considered within the approval process for a Planned Developm nt . The dens ity allowed by this Ordinan ce for the zone distric can be increased only with the approval of the City Council . The approving ag~ncy ma y require that an applicant for a Planned Development waive any density increase permitt ed thr ough variance . Sec ti o n 16.4-17 Fen c s and Retaining Walls. 20 c . Fences in resid ntial distric ts shall conform t o the f o llowin g requ i rem nts: 21 22 21 21 • 3. Rear yard fen c es may be of any class but shall no t ex c eed a hei ht of six (6) feet. Such fences shall no t obstruct visibility at th interse c tio n of t h alley with a street. 9. If a r ar yard of on prop rty abuts th side yard of an adjo inin ~ property , the height o f a f nc cons tructed in front of the f r o n t b uildinp lin o f the house on th adjoining pro perty shall not exc ed 42 in c h s . Fen ces shall b ke p t in good repair. An y damaged o r d a n r ous f n e e shall b r moved o r repair d when so order d by the Direc t o r of Community D v lop- ment or hi s/h r designee. Appeals of su c h decisions s hall b d ir ct d t o the Bo ard of Ad j ustme nt and Appeals. d . Fences in busin ss di s tri cts sha ll co nf o r m t o the followin r equlrem nts: 2 . Berbee-v~Pe -er-ei~!~er-~eterieie-Mey-he-eeeee-~-the-ter-ei -e-ie~ee -vhieh ie-~et -~eee-theft-ei~-~e}-ieet-ehe¥e-~ree eT For r ulations r ga r ding r equi r d sc reening fences , s e S ction 16 .5 . No fence, r taining wall or similar obstruction shall be er cted or main t ain d whi c h obstructs traffic vision at street inters ect i o ns as determin d by th Traffic Engin er. For th purpo e of determining complian to this secti on, Tabl e 16. 4-17A shall be used to d t rmine interse c ti o n c r oss-co rn r visibill v. Fen ces shall b k pt in good r pair. Any damaged or dangerous fen c shall be rem ov d or r paired wh n so orde red by the Direc t or of Community Devel opme nt o r his /h r ~~sign e . Fences in ind u. tri al di tricts shall co nform t o th E> foll wing r quir"' nts: 6. Fences sh 11 kept in good r pair. An y darMged or dang r ous f n< h.1ll b rem v d orr p ir d whl'n so <>rd •r d by th Dir c tor of Coml'lunltv Dl•v lop (o• or his/h r d •s i An -11- • I • • • 23 • • • • • - TABLE 16.4-1 7A In maintainina safe traffic vision at street intersection&, the following measureaenta shall be used. Any fence located in the ai&ht distance tri- angle shall be approved by the Traffic !Q3ineer. Intersection Si&ht Distance Type of Inter-Minimum Required Intersection section S2eed M.P.H. Si&ht Distance Minor Street a) Minor Street/b) Major Street with a Major Street 20 15' I 200' 25 15' I 250' 30 15' I 300' 35 15' I 350' 40 15' I 400' 45 15' I 450' 50 15' I 500' Note: If the intersecting streets have the same c:aasification on the Master Street Plan, the "Avenue" aide shall be considered the minor street and the "Street" aide shall be treated as the lllajor street. 300' Major Street Minor Street For 30 aph b • 300' from curb line of intersec ting street. a • 15' from curb l i ne of intersecting street. I • • 24 25 26 • • • - Section 16.4-18 Lands ape Ordinan c e. a . Sta tement of Intent. (4) To requ!r any new development or any chan e in use in any r sid ntial, commerc i al, or industrial area to be lands caped and to require that the landscaping be maintained. b. Appli cabili t y of Ordinance Standards . (1) These re gulations shall apply to any c han ge of use, t o any development, or to any property on which the princ ipal building is remodeled , wh ich remode ling cost is equal to or exceeds 50% of the estimated marked value of the property, in the follovtng districts: c . Deleted . Definitions are in Definitions Section 16.8. th c Mi n imum Lands capi ng Requirements . (renumber d only) (2) Individual Districts: 16.4-18 b 16 .4-18 c 16.4-18 c (a) R-1-A, R-1-B, R-1-C Zo ne District. (4) One street tree is required per forty (40) linear feet of frontage and is t o be located a minimum of five (5) feet behind the sidewalk. (b) R-2, R-2-<: Zone Districts: (4) One s treet tree is required per fo rty (40) linear feet of front age and i s to b located a mi nimum of fi v e (5) feet behind the sidewalk. (c ) R-3 Di s tri c t : (4) On street tre is required per for ty (40) linear feet of frontag~ and is to be located a minimum of five (5) feet behind the sidewalk. ( ) B-1, B-2 , I-1, and 1-2 Districts: (1) (2) (1) (I) Minimum of ten p rcent (10%) of total lot area must be landscap d. (3) On stre t tree is required per forty (40) linear feet to be located a minimum of five (5) feet from any paved surface. (a). Add R-2-C/S.P .S. (b). Add R-2-C/S.P.S . (e). Add: ln all zone districts th street tree requirements in addition to the requirements for minimum living material. are plant ( ) b com s (f), (f) b com s ( ). Change -13- and f to d and e. I • • <e • • - 1 Til E RCCO MM ENDATIO. 01' Till: PJ..ANNlNC COMMISSIO TO TilE CITY COUNCIL F'OLLOWlNC A PUBUC HEARl NG ON HA Y 14 , 1985 I NCORPORATED TilE F'OLLOWl G AM ENDMF.r-.'TS TO TilE COMPRDIENSTVE ZONI NG ORDI ANCE . Section 16.4-8 R-3, High Density Residen ce District. It is inherent in this goal that the following be considered: • b. A development plan shall be submitted for all residential developments having more than four dwelling units or for any development of a lot having one or more acres in area. (f i rst * p ara graph only changed) Permitted Principal Uses. (6) Retirement or sen i or citizen housing, rest homes, and nursing homes. Planned Development approval is required. (11) Public facilities and buildings . d. Floor Are a . k. (l)(b)(ii) Two b edroom unit ••••••••••• ~§QQ 750 square fe e t. Minimum side yard. (1) Single-fam ily deta ched dw elli n g ••••••••••••••• 3 feet with a total of 10 feet for b oth sides and no less than 10 feet b et ween principal buildings on the same or adjoining lots, wh ether or n ot und er the same ownership. (2) Single-family attached dw e lling and two, three or four-family dw elli ng ••••••••••••••••••••••••• 5 feet, with a total of 14 feet for both sides and no less than 14 feet b et ween pr inci pal buildings on the s ame or adjoining l ots , ""heth er or no t und r th sam owne rshi p. For purpo s of t otal side yard setback, the s tba c k sh a ll apply t o th ntir st ru cture , no t th individual units. (3) All other permitted principal uses ••••••••••••••• 15 feet for each side and no less than 15 feet between pr inc i pa 1 bu i 1 dings on th s ame or ad joinin 1 ots , whether or not und r th sam ownership. I • • • • • - m. Min imum off-street parking. Off-street parking areas or lots shall b e of a hard surface, either paved with asphalt , concrete, or brick pavers. o. Ac cessor y Buildings and Permitted Accessory Uses. (2) Storage Shed. NeE ~e•e ~haR eR e s~e•a!e shed sha~~ he pe•~•~~ed pe• dwe~~~R!~ Ne s~e•a!e shed sha~~ eMeeed ~gg e~~a•e iee~ ~R ••ea~ (b) Maximum total flo o r are<~ •••••••••••••••• 100 square feet. 48• Maximum h ei ght ••••••••••••••••••••.• 10 feet. (C) -+e• Minimum side yard • • • • • • • • . • • • • . • • • • • 3 feet. (d) (renumbered only) -+~• Min i mum rear y ard ................... 3 feet . (e) (renumbered only) (6) Home occupation. Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that the following conditions are met: (k) In no event shall any home occupation include the followi n g business or commercial activities. ( i) ( i i ) ( i i i ) (iv) (v) (vi) (vii) (viii) ( i X) (X) Anim al hospital or kennel . Asph alt p avi ng or roof ing bus i ness. Bar b ers , hairdressers, cosmetologists or b eauticia n s . Body, mecha n ical repair, or modification of motor vehicles. The sale, storage , manufacture or assembly of guns, knives or other weapons or ammunition other than for personal use . Commercial health care facilities . Restaurants. Towing business. Wholesale or retail sales of any items on or off the premis s excluding Section (a) and Sect ion (b). Processes involving the dispensing, use or recycling of hazardous or flammable substances and materials. No regulation is intended on the sale of flammable substances wh ich are properly packaged . -2- I • • ...... • • p. • • .. Environmental 6~8ft••••• Considerations consistent with aood civic deaian shall be incorporated in all development. (2) Parkina. (a) Parkin& areas ahall be screened from public view by landscaping. q. Other Provisions and Requirements. (1) No truck exceeding six thousand pounds empty weight (60 c.w.t.), no automobile trailer, bus or motorized recreational vehicle exceeding 22 feet in length, and no truck-tractor or semi-trailer shall be parked or atored on any lot. Section 16.4-10 B-1, Business District. b. Permitted Princi pal Uses. (75) Public buildings and facilities. Section 16.4-11 Deaign Guid~linea for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area. (e) Signage. (i) b. Projecting sian• ahall only be located in the sign zone and shall be no larger than 12 square feet per face and 24 square feet total. Projecting sign facea shall be parallel to each other with no apace between the faces • -3- I • • • • - Section 16.4-13 1-1, Light Industrial. b. Planned Development . A Planned Development shall be filed for the development of any lot having one or more acres in area. See S ect ion 16.4-15 for development procedure. &~ Permitted Principal Uses. etc. c. (renumbered only) e~ Prohibited Uses. d. (renumbered only) s~ Ma ximum Gross Floor Area in Structures. e. (renumbered only) e~ Min imum Setback. f . (renumbered only) i~ Minimum Private Off-Street Parking. g. (renumbered only) !~ Minimum Private Off-Street Loading. h. (renumbered only) A~ Ac cessory Bu ildi ngs and Permitted Accessory Uses. i. (renumbered only) +~ Conditional Uses. j . (renumbered only) ;~ Limitations on External Effects of Uses. k. (renumbered only) lh Screening. 1. (renumbered only) ~~ Landscaping. m. (renumbered onlt) M~ Pr ocedure for Development of Mob ile Hom e Parks. n. (renumbered only) A~ Standards for Developm nt of Mob i le Ho me Parks. o. (renumbered ) (2) Information to accompa ny the Mobile Home Park Development Plan . A complete Development Plan for the purpose of obtaining a Mobile Home Pa rk Permit shall be drawn to scale (no t sm a ller than 1" equals 20') and shall show or -4- • I • • • • .. state: (balance of 16.4-13 the same) Section 16.4-15 Planned Development (P.O.) District. a. Requirements. (1) Development under the Planned Developmen t District regula- tions shall be subject to the provisions of this Ordinance as well as the basic zone district with which it is combined. Where a conflict occurs between an approved P.O. and the regulations of the underlying zone district, the approved P.o. shall prevail. Density shall be considered within the approval process for a Planned Development. The density allowed by this Ordinance for the zone district can be increased only with the approval of the City Council. The approving agency may require that an applicant for a Planned Development waive any density increase permitted through variance. This shall not preclude density averaging wi hin a Planned Development having an area of 10 acres or more and under one ownership. Density averaging shall apply only within the same zone district unless approved by the City Council through the Planned Development. (2) In order to encourage good design and flexibility, all or part of the subdivision regulations applicable to the development may be waived if all public improvements and conveniences will be consummated through other docum ents and agreements. If Planned Development approval is withdrawn after any subdivision waiver has been gr anted , or if construction of a Planned Development has not been started within two years from the date of approval by the City Council, the waiver shall be nul l and void and the property shall be subject to the Subdivision Regulat ions . c. Application. (1) Development Plan. A development plan showing the major details of the proposed Planned Development at a scale no t smaller than 1" equals 50' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed development. The development plan must contain, insofar as is applicable , the following minimum information. e. Standards. (1) Uses permitted. The use in the Planned Developmen shall be a Permitted Principal Use in the Zone District in which the Planned Development is located, or a use permitted pursuant to other provisions of this Ordinan ce . (2) The Planned Development shall b e consistent with the -5- • ) I • - - • (6) • • - intent of the Comprehensive Plan and the poli cies therein. (a) If the proposed developm ent in cl ud es multiple family or nonresidential buildings or structur es and it is adjacent to a single-fam il y r e sidential use district, the development shall contain a buffer. In order to minimize any adverse effects on the adjacent single-family area, the buffer shall be no t less than a twenty-five (25) foot landscaped area and an opaque six (6) foot decorativ e fence shall b e provided. Section 16.4-15e(7) Density. Density shall be considered within the approval process for a Planned Development. The density allowed by this Ordinance for th e zone district can be increased only with the approval of the City Council . The approving agency may require that an applicant for a Planned Development waive any density increase permitted through variance. Section 16.4-17 Fen ces and Retaining Walls. c . Fen ces in r esidential distri c ts shall conform to the following requirements: 3 . Rear yard fe n ces may be of a ny class but shall not exceed a height of six (6) feet. Such fen ces shall no t obstruct visibility at the intersection of th alley with a str et. If a r ear yard of one property abuts th e side yar d of an adjoining property, the h ight of a fen c co nstruc ted in front of th e front building line of the h o use on the adjoining property shall n ot exceed 42 in c h s . 9. Fences shall be kept in good repair. An y damaged or d a n gerous f nee shall be removed o r repaired when s o ordered by the Director of Community Develop- ment or hi s/her designee. Appeals of such decisions shall be directed t o the Board of Ad j ustme nt and Appeals. d. Fences in business districts shall co nf orm to the following r equirements: 2 . Be~eee-w~re -e~-e~iie~-~~e~ieie -~1 -he-eeeee-~-~fte-~e~-ei -e -feeee -wftieh ie-ee~-ieee-~hee-ei~-~e+-iee~-eee•e-~~eeeT For regulations re arding r quired screening f nces, see Section 16.5. No fenc , r taining wall or similar obstruction shall be erected or maintain d wh ich obstrurts traffic vision at str et inters ctions as d termin d by th Traffi En gin r. For the purpos of d t rmining compliance to this s ct ion, Tabl 16 . 4-17A shall b used to d termine tnt rsecti o n c r o ss-co rner vislbilit •. Fenc s shall b k pt Jn good repair. Any damag d or dang rous f nc shall be removed or r paired when so ord red by th Dir ctor of Community Developmen t or his/h r designee. e. Fences in industrial districts shall conform to th e followin r qutr ments: 6. Fences shall be kept in good repair. Any dam.,ged or dangerous fenc shall be removPd or r pair d wh n so ord r d by th Director of Community Dev lopm nt or his/her d signe . • I • 23 • • • - TABLE 16.4-1 7A In aaintaiotna a&fe traffic viaion at atreet interaectiona, the following ~aaur-.enta •ball be uaed. Any fence located in the aiaht diatance tri-angle ahall be approved by the Traffic !Qaiaeer. Interaection SiJht Diatance Type of Inter- Minimum Required Intersection aection Sfeed M.P.H. Si&ht Diatance Minor Street a) Minor Street/b) Major Street with a Major Street 20 15' I 200' 25 15' I 250' 30 15' I 300' 35 15' I 350' 40 15' I 400' 45 15' I 450' 50 15' I 500' Note: If the interaecting streeta have the aame classification on the Master Street Plan, the "Avenue" aide •hall be considered the ainor atreet and the "Street" aide ahall be treated as the aajor atreet. Major Street 300' For 30 aph b • 300' from ,15' curb line of interse cting .. Minor street. Street a • 15' from curb line of interaecttng atreet. • I • • - 23 • • • • .. - TABLE 16.4-17 A In .aintainina aafe traffic viaion at atreet interaectiona, the folloving ~aaur.-enta ahall be uaed. Auy fence located in the aiaht diatance tri- anale aball be approved by the Traffic Eaaineer. Type of Inter-Miniaum Required Interaection aection S2eed M.P.H. SiJht Distance Minor Street a) Minor Street/b) Major Street with a Major Street 20 15' I 200' 25 15' I 250' 30 15' I 300' 35 15' I 350' 40 15' I 400' 45 15' I 450' so 15' I 500' Note: If the interaecting atreeta have the aaae classification on the Master Street Plan, the "Avenue" side ahall be considered the ainor atreet and the "Street" aide shall be treated as the -jor street. 300' .... , .... ls' .. Major Street Minor Street • For 30 aph b • 300' froa curb line of intersecting street. a • 15' froa curb line of intersecting street. I • • 23 ' • • • ,. - TABLE 16.4-17A In aaiotaiotoa aafe traffic viaioo at atreet ioteraectiooa, the following -aaur-ota aball be uaed. Any fence located in the ai&ht distance tri- aoale ahall be epproved by the Traffic Jtoaioeer. Type of Inter-Mioiaum Required Intersection aectioo S:2eed M.P.H. Si&ht Distance a) Minor Street/b) Major Street Minor Street with a Major Street 20 15' I 200' 25 15' I 250' 30 15' I 300' 35 15' I 350' 40 15' I 400' 45 15' I 450' 50 15' I 500' Note: If the interaecting streets have the same classification on the Master Street Plan, the "Avenue" aide shall be considered the ainor street and the "Street" aide ahall be treated as the aajor street. 300' Major Street Minor Street • For 30 aph b • 300' from curb line of intersecting street. a • 15' from curb line of intersecting street. I • • • • • .. Section 16.4-18 Landscape Ordinance. a. Statement of Intent. (4) To require any new development or any change in use in any residential, commercial, or industrial area to be landscaped and to require that the lands c aping be maintained. b. Applicability of Ordinance Standards. (1) These regulations shall apply to any change of use, to any development, or to any property on which the principal building is remodeled, which remodeling cost is equal to or exceeds 50% of the estimated marked value of the property, in the following districts: c. Deleted. Definitions are in Definitions Section 16.8. ~T Minimum Landscaping Requirements. c (renumbered only) (2) Individual Districts: (a) R-1-A, R-1-B, R-1-C Zone Districts: (4} One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behind the sidewalk. (b) R-2, R-2~ ft-2-C/S.P.S. Zone Districts: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behind the sidewalk. (c) R-3 District: (4) One street tree is required per 40 linear fe t of frontage and is to be located a minimum of five (5) feet behind the sidewalk. ( ) B-1, B-2, 1-1, and 1-2 Districts: (1) Minimum of ten p rcent (10%) of total lot area must be landscaped. (3) One street tree is required per 40 linear f et of frontage and is to be located a minimum of five (5) feet from any paved surface. 16.4-18 b (1) (a). Add R-2-C/S .P.S. 16.4-18 c (2) (b). Add R-2-C/S.P.S. 16.4-18 c (1) ( ) . Add: In all zon districts the street tr in addition to the requirements for material. ( ) b com s (f), (f) becomes (g). Chan -8- and f to d and • e requirements are minimum living plant I • • ' • • • - Section 16.4-18 Landsc ape Ordinance. a. Statement of Intent. (4) To require any new development or any change in use in any residential, commercial, or industrial area to be landscaped and to require that the landscaping be maintained. b. Applicability of Ordinance Standards. (1) These regulations shall apply to any change of use, to any development, or to any property on which the principal building is remodeled, whi c h remodeling cost is equal to or exceeds 50% of the estimated marked value of the property, in the following districts: c . Deleted. Definitions are in Definitions Section 16.8. ~T Minimum Landscaping Requirements. c (renumbered only) (2) Individual Districts: (a) R-1-A, R-1-B, R-1-C Zone Districts: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behi.nd the sidewalk. (b) R-2, R-2~ ft-2-C/S.P .S. Zone Districts: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behind the sidewalk. (c) R-3 District: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet behind the sidewalk. ( ) B-1, B-2, I-1, and I-2 Districts: (1) Minimum of ten percent (10%) of total lot area must be landscaped. (3) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (5) feet from any paved surface. 16.4-18 b (1) (a). Add R-2-C/S.P.S. 16.4-18 c (2) (b). Add R-2-C/S.P.S. 16.4-18 c (1) (e). Add : ln all zone districts the street tree requirements in addition to the requirements for minimum living material. (e) becom s (f), (f) becomes (g). Chan~e e and f to d and -8- • are plant I • • • ' • • • • • - Section 16.4-18 Lands cape Ordinance. a . Statement of Intent. (4) To require any new development or any change in use in any residential, commercial, or industrial area to be landscaped and to require that the landscaping be maintained. b. Appli cability of Ordinanc e Standards. (1) These regulations shall apply to any change of use, to any development, or to any property on whi c h the pr i ncipal building is remodeled, whi c h remodeling cost is equal to or exceeds 50 % of the estimated marked value of the property, in the followin g distric ts: c. Deleted. Defin ition s are in Definitions Section 16.8. ftT Minimum Landscaping Requirements. c (renumbered only) (2) Individual District s: (a) R-1-A, R-1-B, R-1-C Zone Distri c ts: (4) One street tree is required per 40 linear f et of frontage and is to be located a minimum of five (5) feet behind the sidewalk. (b) R-2, R-2~ ~-2-C/S.P .S. Zone Distric ts: (4) One street tree is required per 40 linear feet o f frontage and is to be located a minimum of five (S) f et behind the sidewalk. (c) R-3 Distric t: (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of five (S) feet behind the sidewalk. ( ) B-1, B-2, 1-1, and 1-2 Districts: (1) Minimum of ten percent (10%) of total lot area must be landscaped . (3) One street tree is required per 40 linea r f et of frontage and is to be lo cat d a minimum of five (S) feet from any paved surface. 16.4-18 b (1) (a). Add R-2-C/S.P.S. 16.4-18 c (2) (b). Ad d R-2-C/S.P.S. 16.4-18 c (1) ( ) . Add: In all zon districts the street tree requirements in addition to the requirements for minimum living material . (e) becom s (f), (f) be comes (g ). ChanRe e and f to d and e. -8- • are plant I • • • • • • • - 1 1 Section 16.4-8 R-3, High Density Residence District. It is th goal of the City of Englewood to encoura~e a variety of housing to meet the needs of the differing income levels and the varying family structures by emphasizinR quality of development throu~h the use of new developmental procedures that will encourage innovative, well-desi~ned developments. It is inherent in this goal that the following be considered: * A development plan shall be submitted for all res idential developments having more than four dwelling units or for any development of a lot having one or more acres in area. * New high-density residential and office projects should be sensitized to the character of adjacent development. The siting of vertical structures should respect the topographic features of the land. * High-density residential and office development should be located on land parcels of sufficient size to ensure proper site design and identity and to warrant the installation of desirabl amenities . * Wh e re possible, the view of the mountains should be preserved and buildings oriented in such a way as to maximize the occupant view of the mountains. The R-3 District is composed of those areas whi ch are conducive to hi~h-density residential and professional office development whi ch may be located between singl and two-family residential areas and commercial areas, plus certain open a r as wh re similar development appears likely to occur. The regula tions for this District are designed t o stabiliz and protect the essential charact ristics of the District, to promo te and encourage, insofar as is compatibl with the high inten sity of land use, suitable environment for family life, and to permit certain professional uses of a character unlikely to develop a concentration of traffic and people. To these ends, this Distric t is protected against the encroachm ent of general industrial uses and certain comm rcial uses while the regulations permit high-density development consistent with the high concentration of persons and land valuation. Residential types of structures as well as various institutions are permitted, plus structures for professional uses conforming to the pattern of the Distri c t. a. General Regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5, General Regulati o ns, unless otherwise provided for in this Ordinance or an amendment thereto. b. Permitted Principal Uses. (1) Single-family detached dwelling. (2) Single-famil attached dwelling. (3) Two-fami.ly dwelling with at 1 ast o ne party wall under a conunon roof. (4) Multi-family dwellings. Flanned Development approval is required for more than four units. • , I • • • • • • - -2- (5) Hospitals and clinics, but not animal hospitals or clinics. (6) Retirement or senio r citizen housing , rest homes , a nd nursing homes. Planned Development approval is required. (7) Professio nal off i ces in which c hattels or goods, wares o r mer c handise are not commerc ially created or sold. (8) Child-care centers. Ac cessor y play equipment s hall be located in the rear yard. (9) Educational institutions . (10) Relig ious institutions. (11) Public fa cilities a nd building s. c. Minimum Lot Area for Permitted Principal Uses. (1) Parcels of land und e r 43,560 square feet. (a) (b) (c) Single-family detached dwelling Single-family attached dwelling per dwelling unit. Two-family dwelling . ......................... . 6 ,000 square feet. 3,000 squ a re fee t 6,000 square fee t . (d) Three-family dwellin g ...............•........ 9,000 squa re feet. (e) Four-family dwelling .... , .. , .... , ........... 12,000 square feet. (f) Each additional residential dwelling unit over four dw elling units ..•.•••...•.......... 1 ,000 square feet. (2) Parcels of land containing 4 ,560 square feet o r mor may be developed at a d nsity of one unit per 1 ,089 squar feet. (3) (4) All oth r permitted principal uses I o oel 010 •• 0 oooo 24 ,000 square feet. This section shall not apply to an existin accommodat a permitted principal us on squ r fe t if no other land is availabl off str t parking is provided. struc ture conve rted to lot having less than 24,000 and if th minimum requir d d. Floor Area. (1) Minimum residential floor area. (a) Single-family dwellings ................ ·····. 850 square feet. (b) All other dwellings . (1} Efficiency and/or on b droom unit •..• 650 square fee t. • I • • • • • -3- (11} Two bedroom unit ..•.••...••..•..••.• 750 square feet . (iii) Three bedroom unit •.•.•....•.•...... 950 square feet. (iv) Each additional bedroom ..•.....•.•.. 110 square feet. (2) Maximum office floor area. The sum total of the gross floor area in all structures on the lot , ex cl uding the gross floor area of parking structures, shall be no greater than 1.5 times the area of the lot on which the structures are located. e. Minimum Usable Open Space. Minimum usable open space •••..••..•.•.....•.•..•..... 25% of lot area. Open space areas shall be properly lighted for security. f. Minimum Landscaping. Refer to landscaping requirements in the Landscaping Ordinance. g. Utilities. Utility servi ce to buildings in new Planned Developments or subdivisions must be placed underground. h. Minimum Lot Frontage. (1) Single-family detached dwelling .•............•...•.... 50 feet. (2) Single-family attached dwelling, two-family dwelling, three-family dwelling, four family dwelling .•......... 25 feet per unit. (3) All other permitted principal uses ....•..•..•••..•...•... None. i. Maximum Building Height. j. k. (1) Singl -f mil d ta h d and attached dwelling and two, three and four-family dwelling ...•...........•...•.... 25 feet. (2) All other p rmit ted principal uses ....•........•••.... 60 feet. Also se General Regulations, Section 16.5. Minimum Front Yard. All p rmitted principal uses: (l) Up to three stories .•.•...••.•.....••...•••••.•....... 15 feet. (2) Four or five stories ..••.......•...•••...........••••. 20 feet. (3} More than fiv stories ................................ 25 feet. Minimum Sid Yard. (1) Single-family detached dwelling ••••.•....•••.•••••..•.. 3 feat with tot I of 10 feet for both aid s and no less than 10 feet betw en principal buildings on the sam or adjoining lots, whether or not under the sam ownership • I • • • • • - -4- {2) Single-family attached dwelling and two, three or four-family dw elling •.........••••.....•...•..•... 5 feet, with a total of 14 feet for both sides and no less than 14 feet between princ ipal buildings on the same or adjoining lots, whether or not under the same ownership. For purposes of total side yard setback, the setback shall apply to the entire structure, not the individual units. {3) All other permitted principal uses ................ 15 feet for each side and no less than 15 feet between principal buildings on the same or adjoining lots, wheth er or not under the same ownership. 1. Minimum Rear Yard. All permitted princ ipal uses •••••••••••• 0. 0 ••••••••• 0. 0 25 feet. m. Minimum Off-Street Parking. Off-street parking ar as or lots shall be of a hard surface, ither paved with asphalt, concrete o r rick pavers. {1) Single-family dw ll in •............................ 2 spaces. (2) All other permitted principal uses ...•... See Section 16.5 . n. Minimum Off-Street Loading Requirements. See General Regulations. o. Accessory Buildings and Permitted Accessory Uses. (1) Garages and carports. An attached or detached garage or carport must conform t o the following requirements. (a) Maximum height ........•..................... 18 feet. (b) Minimum front yard ......•..............•.... 15 feet. (c ) Minimum sid ya rd ............................ 3 feet. (d) Minimum r ar ard. (i) If ntranc f c es front or sid 3 feet. (ii) If entrance faces rear ...............• 6 feet. (e) Maximum total floor area •.•...••..•......•. 1,000 square feet. This applies o nly t o garag s for single-family dwellings. (f) If garag or ca rport is onv rted to another use, an equiv lent mount of off-street parking must be provided. (2) Storage shed. (a) Location ...•... Shall be located on the rear of th lot. (b) Maximum total floor area ..................... 100 square fee t. (c) Maximum h ight ................................ 10 feet. (d) Minimum aid yard •..••..••.•...•.•.•••.••..•.•• 3 f et. No setback is required if th w 11 adjacent to the property lin i construct d of on -hour fire-resistive material . I • • • • .. -5- (e) Minimum rear yard ...........•................ 3 feet. No setback is required if the wall adjacent to the prop rty line is constructed of one-hour fire-resistive material. (3) Swimming Pools. See Section 6.6-1 of the En lewood Municipal Code. (4) Noncommercial parking lots. Required parking may be provided wi thin 400 feet of the property, either within the same distri ct or within a district which pe rmi ts noncommercial parking lots. Such parking lot must be maintained as long as the principal permitted use is maintained, or alternate parking provided. (5) Service units or facilities. Service facilities or units such as, but not limited to , barber shops, beauty shops, g i ft shops, coffee shops and dinin facilities may be permitted for the convenience of the tenants. (6) Home occupation. Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that t he following conditions are met: (a) Sales on the premises. The sale on the premises of any item which has not been made , grown, or prepared on the premises shall be prohibited. (b) Sales off the premises. Sales off the premises by the occupant selling household goods such as those products offered by Avon, Arnway, Fuller Brush, Watkins, etc., shall be permitted. (c) The occupation shall be ope rated entirely within the dwelling unit and only by the person or persons maintaining a dwelling unit therein. (d) No assistants shall be employed. (e) The hour and mann r of such uses and the noise cr ated thereby sh 11 not int rfer with the peace, quiet or dignity of the neighborh od nd adjoinin properti s. (f) Th office or hom occupation shall not have a separate outside entrance. ( ) In idcnt 1 storage shall be allowed for items made o n the premises and/or sold off the premises. (h) Th office or occupation, including storage of materials, equipment , inventory and/or supplies, shall not utilize more than three hundred (300) square feet; provid d, however, that this does not apply to foster family care or a day care home. (i) A da car home for the care of one to four children ma be permitted as a home occupation. (j) The use of el ctric motors shall b limited in p r, with a total limit tion of one and one-half (1~) hor epower, and no singl unit over thre -quarter (3/4) hor epower . I • • • .. -6- (k) In no event shall any home occupation include the following business or commercial activities. (i) Animal hospital or kennel. (ii) Asphalt paving or roofing business. (iii) Barbers, hairdressers, cosmetologists or beauticians. (iv) Body, mechanical repair, or modification of motor vehicles. (v) The sale, storage, manufacture or assembly of guns , knives or other weapons or ammunition other than for personal use . (vi) Commercial health care facilities. (vii) Restaurants. (viii) Towing business. (ix) Wholesale or retail sales of any items on or off the premises excluding Section (a) and Section (b). (x) Processes involving the dispensing, use or recycling of hazardous or flammable substances ' and materials. No No regulation is intended on the sale of flammable substances which are properly packaged. (1) All home occupations shall be registered with the Department of Community Development upon completion of an inspection of the premises by the Code Enforcement Division and the Fire Department. p. Environmental Considerations consistent with ood civic design shall be incorporated in all development. (1) Solar and wind exposure. (a) Tall stru c tures located adjacent to major op en spaces should be sited to insure maximum sunlight on the open spaces during the winter months. (b) The grouping of tall buildings should b sited to allow for prop er air circula tion. (c) Tall buildings should be sited upon the north side of pedestrian spaces t o provide protection from winter storms. (d) Wind breaks such as tree groupin s should be provided in all major open spaces. (2) Parking. (a) Parkin areas shall b screened fro public view by landscaping. (b) The use of berms is ncouraged along the major street system to complem nt the planting effect and to provide a protective separation and sere ning device betveen pedestrian and vehicle. • • I • • • • • .. -7- q. Other Provisions and Requirements. (1) No truck exceeding six thousand pounds empty weight (60 c.w.t.), no automobile trailer, bus or motorized recreational vehicle exceeding 22 feet in length, and no truck-trac tor or semi-trailer shall be parked or stored on any lot. (2) Liquefied petroleum gas installations shall be permitted only for the purpose of supplying fuel for approved heating equipment. Tanks in excess of 500 gallons (water capacity) will not be permitted in this Zone District. Liquefied petroleum gas installations shall conform to current Fire Code requirements. I • • ...... • • • .. Section 16.4-10 B-1 Business District. The B-1 Business District is a mixed-use district which is applied to the central bu s iness section of Englewood. The District is designed to create an environment having urban characteristics within a relatively small area of land thro ugh th e close proximity of activities, the increased social and cultural opportunities and the possibility of choice in one's contacts and associates. Within this District, the trend will be away from the monotony of separatory land use and toward the variety of land use alternatives which accommodate the current living preferences. The uses within this District are those which provide retailing and personal services to residents within this area and to residents of the City and the surrounding area. In order to make the central business district viable 24 hours a day and not just during the traditional business hours, medium and high-density residential units ar encouraged. The uses permitted within this District are those that will provide the maxi- mum amount of service to residents of the area and will be compatible with adjacent development. a. General Regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5, General Regulations, unless otherwise provided for in this Ordinance or an amendment hereto. b . Permitted Principal Uses. No building, structure, or land shall be used and no building or structure shall be erected, structurally altered, en- larged or maintained unless otherwise provided for in this Ordinance ex- cept for one or more of the following uses: (1) Ambulance se rvice. (2) Antique store. (3) Assembly halls o r auditoriums. (4) Apparel and accessory stores. (5) Appliance stores. (6) Art galleri s or studios . (7) Bakeries, retail . (8) Barber shops. (9) Beauty shops. (10) Bicycle stores. (11) Book stores, not including adult book stores. (12) Business machin or computer stores. (13) Camera and photographic service and supply stores • • I • • • • • • - -2- (14 ) Candy, nut and co nfectionery stores. (15) Caterers . (16) Child c are center. (17) China, crystal, and glassware store. (18) Cleaning with noninflllllllllable cleaning agents only. (19) Collection and distribution statio n for laundry and dry cleaners. (20) Clinics, dental, medical , or o ptical. (21) Dairy pro du cts s t o res. (22) Dan c e studios for private instruc tions. (23) Diaper service. (24) Delicatessen stores. (25) Department stores. (26) Drug stores. (27) Dry goods stores. (28) Eating or drinking es tablis hment s , need not be enclosed, but not in- cluding drive-in eating or drinking es tablishments. (29) Edu c ational institutions. (30) Electrical cont ractor shops , p r ovided it is in ciden tal t o a retail sales room and i limit d t o equipment employing not more than five (5} horsepower. (31) Electric substations. (32) Exterminators. (33) Financial institutions . (34) Floral shops. (35) Furniture stor s. (36) Garden supplies stores • (37) Gas regulator stations. (38) Gift, no v elty or souvenir stores. (39) Grocery stor e • I • • • • • • - -3- (40) Halls, renting for meetings or social occasions. (41) Hardware stores . (42) Health treatment facilities. (43) Hobby supply store . (44) Home furnishings stores. (45) Hotels and convention center. (46) Interior decorators. (47) Jewelry stores. (48) Laboratories, dental, medical , or optical . (49) Laundries. (50) Leather goods and luggage stores. (51) Library or reading rooms. (52) Liquor stores (sale by package). (53) Linen supply. (54) Locksmith. (55) Mail ord r hou s . (56) Heat, poultry, or seafood tores. (57) Municipal faciliti s. (58) Music stor (59) News stands (for the sal of newspap rs, magazines, etc. only). (60) Notions stor s . (61) Office buildings, professional or business . (62) Office supply showroom. (63) Optical and scientific instrument shops. (64) Paint and wallpaper stor (65) (66) (67) Painting and d corating contractors. Parking faciliti a. Pet stor s. • I • • - • • • • - -4- (68) Picture fr mtng. (69) Photographic studios . (7 0) Photostating and blueprinting. (71) Physical fitness cente r. (72) Plumbing s hops, provided they are incidental to a retail sales room and are limited t o equipment not employing more than five (5) horsepower. (73) Printing, publishing and allied industries, provided that such operation shall not be hazardous or objectio nable due to noise , smoke, fumes, air pollution, heat , glare, radiation or vibration. (74) Private clubs, lodges, fraternities. (75) Public buildings and facilities. (76) Religious institutions. (77) Residential, multi-family, condomi nium, or lease. (78) Shoe repair or shoe shine shops or stand. (79) Shoe stores. (80) Sign painting shops . (81) Sporting goods sto r a. (82) Stationery stor a. (83) Tailor in and dressmaking shops. (84) Taxi c b st nd. (85) Tel phone exchanges. (86) Tel graph offic s . (87) Theaters, not including drive-in typ o r adu lt movies or productions. (88) Theatrical s tudios . (89) Tobacc o sto r s . (90) Toy sto res. (91) Tr d e o r bus ines s school. (92) Transit c nter. (93) Trav 1 ag n c y. • • I • • • • - -5- (94) Upholstering shops . (95) Any similar lawful use whi ch , in the opinion of the Commission , would be compatible with o ther us es in the a r ea a nd which would not be objectionable to n earby property by reason o f odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration o r is not hazardous to the h ealth and property o f the s u rrounding areas through da ng e r of fire o r e xplosion. c. Conditional Uses. Amusement es ta blishment s including, but not limited to: billiard halls , bowling alleys, coin-ope rat ed games, da nce hal l s, electroni c or video games , night clubs, outdoor commercial recreational facilities , pool halls, or skating rinks . d. Prohibited Uses . (1) Adult entertainment and se rvice establishments . (2) Manufacturing. (3) Outdoor s torage of materials, supplies , and equipment on private and public property. (4) The outdoor display, storage o r sale of c lothing or household ap- pliances , furniture or othe r items commonly used in a home, whether on privat e or pu blic property. (5) Warehousing of produ c ts o r items not sold on the premises. (6) Sale at wholesale. (7) Sales or service activity shall not b allowed from any temporary structure o r vehicle unless a building permit application has been submitted for perman nt building or structure to r eplace th e tem- porary structure. e. Accessory Us s. Any retail or service use not prohibited in this District which is provid d for the accommodation of th tenants, clients , patrons or custom rs of th Permitted Principal Use , and which is located In the sam buildin or structure. The Accessory Use must b subordinated and clearly incidental to and customary in connection with the Permitt d Principal Us • An Accessory Use could b , but is not limited to, such uses as a radio or TV antenna, a swimming pool , a tennis court, helipo rt, etc. f. Requir menta for Dev lopment. (1) Maximum h ight of buildings ••...••..•..•..••. One hundr d (100) fe S e Section 16.5 for Height Exc ption . (2) Minimum setback. No s tback shall b required; provid d, however, that wher prop rty in th B-l Business District abuts upon any property in any "R" Residential District situat d in th s m block , the r sidential front yard requirements shall apply to that property in the B-1 Busin ss District • • I • • • • - -6- (3) Minimum floor area. (a) Residential use: (i) Efficiency or Studio •....•..•.••.... 500 s quare feet (H) One Bedroom .•....•••.••....••...•••. 650 squa re feet (iii) Two Bedroom .•.....•.•...••..•...•... 750 square feet (iv) Each Additional Bedroom •••.•....•... 110 square feet (b) All other p nnitted princi pal uses •..•.....•.•........... none (4) Minimum off-street parking. (5) (a) Developers are encouraged to pro vide parking in multi-level structures in order to conserve land. If it is not feasible to do so, surface parking areas should be screened from the view of pedestrian ways by means of decorative walls or fences, landscaped berms, or mature shrubbery. (b) Parking shall be located no more than 400 feet from the use it serves. (c) If the developer submits a marketing or parking study prepared by a qualified professional using reasonable professional stan- dards, and it is approved by the Community Development Director and the City Traffic Engineer, the parking s tandards in th General Regulation s may be waiv d. If th developer does not submit a marketing or parking study to the Ci ty, the parking requirements in the General Regulations shall be applied. Loading , total th alley; or , stre t. rea. Access for lo ding should be provided off of if the property has no ccess to an alley, from the (6) Landscaping. Landsc ping as may b r quired by th Landscaping Ordi.nance. (7) Utili.ti s . Utility se rvice to buildings in new development mus b underground. (8) Liquefied petroleum gas installations. Liqu fied petroleum gas in- stallations shall be permitted only for the purpose of supplying fuel for pproved h ating equipment . Ta nks in excess of 500 gallons (water capacity) will not be permitted in this Zone District. Liquefied p trol um g s install tions shall conform to current Fire Cod re- quir ments. I • • • • • • - Section 16.4-ll Design Guidelines for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area. a. Legislative Purpose and Intent. This section of the Comprehensive Zoning Ordinance has been designed to implement the goals of the Comprehensive Plan and the Englewood Downtown Redevelopment Plan as they pertain to that portion of South Broadway in the 3200 through 3500 blocks which shall be referred to as the South Broadway Incentive Area. The South Broadway Incentive Area (S.B.I.A.) is created in order to develop a positive image for this area which will encourage new businesses and to create the framework for redevelopment of existing structures through architectural compatibility to provide better insight into the design aspects of existing buildings and the potential o f properties alo ng South Broadway. To this end, criteria by which individual properties can be redeveloped or re t o r d are her in s et f o rth: (l) Reestablish and unify the building facade c haracter through emphasis on original construction materials and structural modules. (2) Remove unnecessary visual clutter from the buildings not consistent with the original construction. (3) Improve the quality of the pedestrian experience along Broadway. (4) Reestablish upper level office and residential uses. (5) Facilitate pedestrian access to Broadway from parking areas. (6) Upgrade the appearance of rear of buildings. (7) Improve service access along rear of buildings. b. Administration. The review of the plans shall be the responsibility of the Director of Communit y Devel o pment or d s i gnee f o r conf o rman c with these regulations. No building permit shall be issued for the reconstruction of the exterio r of any building unless the impr ovement conform with these guidelines. c. Facade/Design Criter i a. (1) General Facade Zone. (a) Window sill zone -2 f eet to 3 feet, 6 inches f rom gro und level . (b) Display zone -Window area between window sill and first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level. If there is no second floor, the signage zo ne shall be from the first floor ceiling to the top of the parapet wall. • I • • • • • • .. -2- (d) Upper floor commercial/residential zone -Second floor window sill to top floor ceiling. (e) Architectural roofline zone -From top floor ceiling to top of parapet. (2) Design criteria for upgrading and restoring existing front facades. (a) Facade exterior. (i) The renovation of existing facades shall respect the relationship of first floor store fronts and upper stories and shall be consistent with the original architectural character. (ii) The removal or alteration of any historical or distinctive architectural detailing shall be discouraged. (iii) Recommended building materials: a. Permitted cladding shall be brick, stucco or other masonry material. b. Permitted window casings: Wood, bronze or black anodized aluminium, painted or baked enamel steel. c. Permitted trim: Wood, stucco , stamped metal or brick. (iv) Building cladding colors shall be earth colors. (v) Building trim colors shall compl ement the colora of adjacent buildings. (vi) Glass areas: a. First floor -Maximum 60% vertical surface. b. Second floor -Maximum 40 % vertical surface. c. Third floor and above -Unrestricted. (b) Hei ht and ac le. (i) The height and scale of buildings should relate to the architecture nd scale of adjacent buildings. (ii) Overall height is limited to four stories maximum. (c) Setbacks . (i) Mandatory 0 foot setback wherever possible. (ii) On buildings two stories and above, a 12 foot first floor setback for w ather protection is encouraged • • I • • • • • • • .. -3- (d) Architectural projections into right-of-way • (i) Unless otherwise permitted, no new metal canopies , roof overhangs, or other permanent architectural elements may project into the right-of-way. Canvas awnings are encouraged. (ii) No structural element may project into right-of-way. (e) Signage. (i) In addition to the Englewood sign requirements specified in Section 16.4-19 of the Comprehensive Zoning Ordinance, the following requirements shall also apply to the South Broadway Incentive Area. In the event that these require- ments and those of the more general Sign Code requirements conflict, these regula tions shall apply. a. Wall signs shall only be located in the sign zone. b. Projecting signs shall only be located in the sign zone and shall be no larger than 12 square feet per face and 24 square feet total. Projecting sign faces shall be parallel to each other with no space between the faces. c . Signs painted on windows shall be permitted in windows above the first floor and shall identify the business located on the premises only. d. Individual letters shall be the only typ of internally illuminated or backlit sign permitt ed. e. Bann rs whi c h do not co ntain commer cial advertising shall b permitted when used for decorativ purposes. (ii) Any sign which was lawfully erected and maintain d prior to the effective dat of this Ordinance, but which does not conform to th limit tions establish d by this Ordinance , shall b a Nonconforming Sign, and must b brou ht into conforman e or terminated and cease to exist if ny one of th followin condi tions occur. a . b. c . d. When v r th si n is damaged more th n 50% of its total r placem nt value, o r destro ed from ny caus whatsoPv r, or becomes obsolete or substandard under any applicable ordinance of the municipality to th xt nt that the sign becomes a hazard or a dan r. Whenever there is a change in th less e, ownership of the business or use to whi ch the sign per t ains. Whenever th re is a request for a p rmit to change the si n. Whenever there is a r qu at for p rmit to m ke improv - menta to th facade of the building on which th sign ia located . • I • • • • • • • • -4- (11i) Appeals shall be handled in the manner specified in Section 16.4-19 of the Sign Code. (f) Awning s. (i) Two types of canvas awnings may be used: a. Individual awnings located at entries to shops and second story windows. b. Large awnings cover ing the entire building frontage. (ii) Awnings shall be a ttach d below the sign zone. (iii) Awnin s are permitted over windows on upper floors. (iv) Maximum depth of awnings shall be 8 feet. (v) Color scheme of awnings shall complement the colora of the equipment. (g) Mechani cal equipment. (i) Mechanical equipment projecting from facade into the right-of-way shall not be allowed. (ii) All rooftop mechanical equipment shall be screened with some type of rchitectural element which is consistent with the original facade of the building. (3) Upgrading and restoring facades of rear of buildings. (a) Rear facades shall b coordinated wi th color of front facade through painting with a limited palette of earth tone colora. (b) All paving at rear of buildings shall be asphalt or concrete except at pass thro ughs where special paving such as brick, tile, or block pattern shall be used. (c) All e rvic a r ea s (t r ash , e tc'.) sh 11 be co nsoli dat ed a nd sc re e ned with noncomb us tlble material. I • • • • - Section 16 .4-13 T-1 Light Industrial District. Th e I-1 Industrial Distri is composed of certain industrial areas of the City plus certain open areas where similar industrial development appears likely t o occur. TI1e 1-1 Industrial District should be located near major r oadways an d truc k routes s o that traffic generated from the Indust rial District wil l no t fl ood the residential streets in the area. The r egula tio ns for this Distric t are designed to stabilize and protect t he essenti al c haracterist i c s of the Distric t as well as the areas surrounding th District. To these e nd s , developm nt is limited t o light industrial uses plus cer tain uses providing servi ces to the a r ea, and r egulations are established t o provide for adequate screen ing and to gove rn the Dist ri c t. Bo th to protec t resid nces from an undesirable e nvironment and to e nsure the r eserva tion of adequate ar as for ind ustrial d e velopment, new residential d velopment is excluded from this distri c t, except for ca retaker fa iliti s and fo r mobile home parks fo r which a Development Plan has been a ppro v d. In reco gnition of the housing supply and the the City of En gl woo d , district . rowing importan ce of manufac t u red ho usin g in the national ne cess ity for upgradin existing mobile home parks within Colorado, mobile home parks will be permitted in this zone ln order to assur the ameni ties within xistinR mobile home parks that will be rehabilitated or expanded a nd new parks whi c h may be develo ped, such parks shall be constructed in accordan with a D velo pment Plan, for whi c h standards, spec i - fications and regulat i ons are set forth herein. a. General Regul ation s. Th e provisions fo und in this Zone Distric t shall be subject to the r eq uirem nt s a nd standa rds found in Sec tion 16.5, Ge ner al Regulations, unl ess othe rwi se provided for in this Ordinance or a n a men dme nt hereto. b. Planned Develo pment. A Planned Develo pme nt s hal l be filed for the develo pment of any lot hav ing o ne or more ac r es in a r ea . See Sec ti on 16.4-15 for d v elopment procedure. c . No land shall be used or oc upied and no struc tur lter d , used or occ upied, excep t for on o r more (1) An y us permitted ln the B-2 Busin ss District excludinR resid ntial use exc pt as p rmitt d in Se<·tion 16.4-lJ b (2) resldentlal, mobile home parks . (2) Mob U Hom P.1rk PI ann d Devel opm nt, s D velopm~>nt Procedure nd Standards, S~>ctlon 16.4-13 nand 16.4-l o . (J) Manufacturing , proc ss lnA nd/o r fabrication. The manufacturing, process ing and/or fabrication , as enumerated and limit d herein, of any commodi ty except th following which are prohibit d. Abr asives , ba si ma nufa tur . Al coholir distill tion. An imal by-products, basic manufacture and processing . Asphalt, manufacture nnd processing. Bon Bl c k, basic manufa ture . Br w ry. Carbon black or lamp bla k, basic manufac tur . Ch r coa l, basic manufactur . • I • • • • • • - -2- Chemicals, heavy or industrial, basic manufacture or processing. Ci nder and cinder bloc ks, ba sic manuf acture or process ing . Coal or coke, manufacturing or processing . Concrete and concrete produc ts, manufa cture or fabrication. Detergents, soaps and by-pro ducts, u s ing animal fat, basic manufacture. Fermented fruits and vegetable produc ts, manufacture. Fertilizers, manufacture or process ing . Fungicides, manufacture. Gasses, other than nitrogen and oxygen, manufacture. Glass manufacture. Glue and size, manufacture . Grain milling. Graphite, manufacture. Gypsum and other forms of plaster base, manufacture . Ins cticid s, manufacture . Insulations, flammable types, manufactur o r fabrication. Matches, manufac ture. Meat slaughtering. Metals, extraction or smelting. Metals, ingots, pigs, sheets, or bars, manufacture. Metal shredding, auto shredding and similar operations. Oils and fats, animal and v g table, manufacture . Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting, and wood fill e rs, manufacture o r fabrication. Paper pulp and cellulose, basic manufacture. Paraffin, manufacture. Petroleum and petroleum pro ducts, manufa cture or processing. Portland and similar cements, manufacture. Rubber, manufacture, or reclaiming . Sawmill or planing mills. Serums, toxins, viruses, manufa cture . Sugars and starches, manufa ctur e. Tannery. Turpentine, manufacture. Wax and wax products , manufa lur Wood preserving by c reosoting or o ther p r essu r e impregnation of wood by preservatives . (4) Sale at whol sale or s torag . snd/or storage of any commodity (a) Liv farm animals . (b) Commercial explosives. wholesale, th e war housing/ following whi c h ore prohibited: (c) Above-ground bulk storage of flammable liquid or gsss unless nd only to the xtent that the storage of such liquids or gasses is directlv conne cted with energy or h oting devices on th pr mises or to service railroad locomotives • (S) Sal at r tail. The sal at r etail of lh following: (a) H rdware . • I • • • • • .. -3- (b) An y commodity manuf ctured, processed , fabricated o r warehoused on the premises. (c) Equipm nt, supplies and materials (except commercial explosiv s) designe d es pecially for us e in agriculture , mining , industry, business , transportation, buildin g and other cons truction. (6) Repair, rental a nd servicing. The repair r e nta l and servic ing of any commodity, the manufactu r e , processing , fabrication, wa r ehousing or sale of which comm odity is p rmitt d in th Dis tr ict . (7) Contractor yard for vehJ Jes , quipment, materials, and/or supplies . A contractor yard for v hic les , equipment, materials, and/or s upplie s which complies with all of th following condit ions: (a) Is prop rly g rad d for d r ain age , surfaces with concrete , asphalt , oil or a ny other dust-free su r facing a nd maintained ln good condition, free of we eds , dust, tra h and debris. (b) Is provided with barr iers of such dim nsions that occupant s of adjacent structures are not unreasonably disturbed , ei th er by day o r by night, by th movem nt of v ehicles , machinery, equipment or supplies. (c) Is provided with entrances and e xit s so lo ca ted as to minimize traffic congestion. (d) Ts provided with barri e r s of s u ch type a nd so located that no parked v e hicles wil l extend beyond the yard space or into the requir d scr e n ing area if adjoining or adjacent to a residential district. (e) Light i n g facilities are so ar r a nged that they neither unr asonably disturb occupants of adjacent residential propertie nor interfere with traffic. (8) Gr enhouse. (9) Newspaper dist r ibution st tion. (10) Parking nd/or comrn rcial stora e of op rabl vehicl s . (11) Railroad fa iliti s, but not including hops. (12) School for training in oc·upation 1 skills, enrollment mav b op n t o th public or limited , may include dormitories for students nd i nstructors . (13) Terminal for intr city or inter ity v hlcl s for m vement of persons or fr ight. (14) War ehousing nd/or storag . (15) Any lawful u s which, in the opinion o the Commission , is o bj c tionabl to nearby prop rty by r ason of odor, dust, amok , s , h at, glar , r di tion or vibration, or is not hazardous lth a nd property of th surrounding rea through dang r of or xplosion • • I • • • • • • ,. .. -4- d. Prohibited Uses. (1} No sales or s rvice ac t ivity shall be allowed f r om a ny t emporary structur o r veh icle wh en a buildin permit applicat i on ha s not been submitted fo r a perman nt building o r st ru c tur to replace the temporary s truc ture. (2) The height of mat rial s o r equipm nt being s t o red shall not exceed th height of the screening, fe nce o r wall. e . Maximum Gross Floor Area in Struc tures. Th sum total o f the g r oss fl oo r a rea in all structur s on a l o t, excluding th e g r oss floor area o f o ff- s treet parking garages, shall no be greater than two (2} time s the area of the lot on which the structures ar locst d. This does not apply t o mobile home parks. f. Minimum Setback. ~1ere an l-1 building s ite abuts upon , adjoins o r i s adjacent to a resid ntial zone di trict, a tba c k of ten (10) feet is required except as provided in Sec tion 16 .4 -13 1. This does not apply to mobil e hom e parks. g. Minimum Private Off-Street Pa rking. (See Gen ral Regulatio ns.) h. Minimum Private Off-Str et Loading. (See General Regulation s .) i. Accessory Buildings and Permitted Accesso r y Uses . An y accessor y building or use incidental only to a permitted princ ipal us , whi ch accessory building o r use compli s with all of th f ol l owing co nd i tion s: (1} Mobil Hom Park Planned Dev lopment. (a) Service building. (b) Park office and mana ge r's livin unit . (c) Recreatio nal facilities, both indoor a nd outdoor , pr ovid d fo r th u se of occupant s of th p rk and their gue sts . (d) Storage units and buildings . ( ) Privat o ff -st r e t parking , may b n closed . (f) V ndlng machin s for th convenicnc of the occupants of th park, 1 •. , soft drink, cand y o r ic -dispensin machines. (g) Day car center. (2} All Other P rmitted Pr incipal Uses . The Ace ssory Use shall: (a) B c le rly incidental and customarv to and commo nly ssociat d with the operation of th P rmitted Principal Use. (b) 8 o perated and maintain d und r th sam own ersh ip , o r by 1 sa es or con cession irs thereof, and on the s me lot s the Permitted Principal Use . • I • • ( • • • -5- (c) Not include stru ctures or structural features inconsistent with th Permitted Principal Use . (d) Not include residential occupancy other than by caretakers or watchmen. (e) Be limited to a gross floor area of not more tha n ten (10) percent of the area of the lot on whi ch the Permitted Principal Use is located , if the Accessory Use is operated partially o r entirely in detached structures. (f) Not be greater than ten (10) percen t of the gross floor area of the structure containing the Permitted Principal Use if operated partially or entirely within the structure co ntaining the Permitted Principal Use ( xc pt ga rs es, loading dockq and company dining rooms). J. Conditional Uses. Provided the public interest is fully protected and the following u ses are approved by the Ci t y Planning and Zoning Commission nd City Cou ncil . (1) Uses. (a) Automobile Wreckin Yards and Junk Yards. ( i) (ii} (111) (iv) (v) Any aut mobil wre cking ya rd or junk yard op ned after th ff c tive date of this Ordinanc shall be on a parcel or adjoining parcels of not less than one a re bu t not to exc ed one and one-half acr s. Any automobile wre king ya rd or Junk ya rd approved pursuant to th provision s of this Ordinance or any existing automobile wre cking yard or Junk yard expanded under th provisions of this Ordinance, shall be set back n l ss than 150 feet from the boundary line of any r sidential zon dlstri t. Any automobile wr eking yard or Junk yard approv d pursuan t to th provisions of this Ordinan e shall b nclosed on its perimeter with a solid, nontransparent vertical wall or fence with a minimum h ight of six (6) fe t and maximum of tw lv (12) f t m asured from ground level. Fences of wov n wire or chainlink material shall be prohibited. Any autom bile wr kin or junk yard approved pur uant to th provisions of this Ordinan and all yard existing on the effectiv dat of this Ordinance shall comply with Section 1 through 11, inclusiv , Chapter 2, Title VI of the 1969 Englewood lunicipal Cod , a amended , ntitled Auto wrecking and junk yards , and all other applicable cod s or ordinances. Any automobile wrecking yard or Junk yard which is lie nsed by th City of Englewood on th ffective dar of this Ordin nee hall b d em d to b an approved yard whether or not it has a minimum ar a of on cr , and such y rd may b xpand d onto abutting prop rty provid d that .uch xp nd d y rd conforms to thl! r quir ment of thh and ny oth r pplicabl cod or ordinanc s . • I • ( • • • - -6- (b) Adult Entertainment o r Service Facility. No adult entertainment or service facility shall be loca ted o n any sit unless such sit is not 1 sa than the distance limitation as required by this s e c tio n. (i) 1 ,000 feet from the l oca tion of a nother such facility; and (ii) 500 feet from the boundary line of any re sidential di s tric t defined in the Comprehensive Zoning Ordinance , including , but not limited t o , R-1-A, R-1-B, R-1-C, R-2 , R-2-C, R-2-C/S.P.S ., R-3, o r R-4 o r similar zone di s trict in an area adjoin ing the City of Englewood , or any reli gious i n stitution, publi c park , publi c library , co mmunity center, or educational institution , whether within o r without the City of Englewood. (iii) Measurement of distan ces. All di s tan ces provided herein shall be measured as follows: A. With respec t to the distan ce between a location for whi c h an adult entertainment o r se rvice facility is proposed a nd a l ocation where such facility exists, the distanc s hall be measured by following a straight line from the n arest poin t o f the prope rt y line of the proposed lie ns ed premises t o the n arest point of the property line of the existing licen sed premises. B. With r espect to the distance fr om the bounda r y line c. o f a r esidential dis tri c t o r any r ligious institution, publi park, public library, community cent r, o r ed u c ational institution, th distance shall be mea su r ed by following a straight line f r om the neare s t point of the property line of the pro posed licensed pr mis es t o th nearest point o f the distric t bo undary line; o r in the cas of a reli~ious i n stitution , public park, public library, communi t y center , or educational institution , th distanc shall be measu r d b (ollowing a s traiRht lin f r om th nearest point o f th property lin of th propos d licens d premiRes to th nea r st poin t o f th prop rt v line of a religious institution , publi c park, public library, community c nter, or educational institution. Where the propos d location of a n ad u lt ent rt inment or service facility is a va c ant parcel of land up o n whi ch no p rmit has b e n is su d for th con struc ti o n of a building , a ll distances shall be measur d f r om the ne arest point of th prope rty line f th land propos d as a location for an adul t nt rtainment o r s rvice facili t y. Wh re the proposed location of an adult enter tainm nt o r s rvi c facility J s a va cant parcel of land upon wh ich a p rmit has b en issu d for th construc tion of a p rman nt buildin for such u se , all distances s hall b measured from the nearest point o f th prop rt v lin as shown on the survey of suc h pare 1 of land . • I • • • ( 1. • • • .. -7- {c) Amusement establishments incl uding , but not limited to billiard halls, bowling alleys, coin-operated games , dance halls, electronic or video games, night c lubs, outdoor commercial recreational fa c ilities, pool halls, o r s kating rinks. k. Limitations on External Effects of Uses. Every use established or placed in~o operation after the effective date of this ordinance shall comply forthwith with the following limitations. All uses establis hed and in operation on the effective date of this o rdinan c e shall be made to comply with the following limitations. (1) Volum of sound generated. Every use, unless expressly exempted by this ordinance, shall be so operated that the v ol um e of sound inherently and recurrently generated does not exc ed seventy (70) decib ls at any point of any boundary line o f the lot on whi c h the use i s located. {2) Vibration generated. Every use shall be so ope rated that the ground vibration inherently and recurrently generated is not percep tible , without instruments, at any point of any boundary line of the lot on whi c h the use is located. {3) Emission of heat , glare , radiation, dust an d fumes. Every use shall be so operated that it does not emit an ob noxiou s o r dangerous degree of heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which th use is located. {4) Outdoor storage and waste disposal. (5) {6) {a) No highly flammable or explosiv liquid , olids o r gasses shall be stored in bulk above ground. Tanks or drums of fuel for railroad locomotive fueling or dir c tly conne cting with energy devic s, heating devices, or applicances located on the sam lot as th tanks or drums of fuel are exclud d from this provision . {b) All outdoor sto rage facilities for fu 1, raw mat rials and produc ts and ll fuel, raw materials a nd product stored ou tdo o rs shall be enclosed by a solid fence or wall adequate t o conceal such facilities, fuel, raw mat rials and produ ts from adjac nt residential districts; provided, h w ver , that such fence or wall ned not exceed eight (8) f et in h ight. {c) No materials or wastes shall be deposit d upon o r mann r that they may be transferred off th causes . lot in such form lot by natural Liquefi d petroleum gas installations shall conform to c urrent Fire Code requirem nts. No use shall be undertak n in a manner that crest s common nuisance. Screening. In an effort to lessen the incompatibility betw en a r sideutial district and an industrial district wher those districts abut, adjoin or are adjacent, one to th other, it is de med ne e ssary th t the owner of the use in th industrial zon di trict take ce rta in measures to protect those persons in the resid nti 1 district. P rsons In th r sid ntial district shall be protected from the possibl adver e effect of the noise • I • • • • ( • • • .. -8- and lights from ca rs, the passage of materials or wast s from p rkin g lots, loading areas and storage yards and to discourag juveniles from resp assing in hazardous areas where the storage of equipm nt and upplles may c reate an attractive nuisance. One of the following provisions shall be applied. (1) Setback/screening in addition t o the landscaping requir ments. There shall be no less than a ten (10) foot setback from the property line where it abuts, adjoins or is adjacent to a residential district. The setback area shall be lands c aped with lawn, trees and sh rub s of both a dec iduous and evergreen variety. Such Landscaping Pl n shall be filed with the building permit application. (2) As an alternative to Section (1). The portion of the property whi ch abuts upon , adjoins or is adjacent to the residential zone dist r ict shall b screened by ad corative, closed-face o r solid conc r te, block, wood, or brick fence not less than six (6) feet high, wh ich f nee n ed not be set bac k from the property line. (3) No building o r portion thereof shall qualify as a wall, scr en, o r fence under the provisions of this section. An exception to this Section! shall be made as ne cessary at an intersec ti on o r at an entrance to an alley or driveway in order not to obstruct the view of a motorist except as provided in Section 16.9 e. 5. m. Landscaping. See Section 16.4-19. Landscaping Ordinance. n . Procedure for Development of Mobile Home Parks. o. (1) Mobile Home Park Development Plan required. At th tim the application is submitt d for the Hobile Hom Park Planned Developm nt. ith r for the expansion of an existing park or for a n w park, the applicant shall submit twenty-five (25) co pies of a Developm nt Plan for th proposed park. This plan shall comply with all applicabl City codes and with the provisions of this Chapl r and shall includ 11 of the information in Section n (2) h r of. (2) The procedur for proc ssing the Development Plan shall b in accordsnc with Section 22. A of th Compr hensive Zonin~ Ordinance; how v r, where additional information o r sp cific procedure is required h r in, thos provi ions sh 11 prevail . Standards for D v lopment of Mobil Parks. (1) Mobile Hom Park site loca tion . The Mobile Hom Park sh 11 b• loca d on a w 11-drained site , hall not be within th lin s of a hundr d year flood plain or flood haz r d area, and th sit shall be made fre from marshes, sw mps, or oth r pol ntial breeding pl ces for insects or rodents. The sit should not be xposed to undue ch ron i nuisances such as noise, amok , fumes or odors. Th topog raphy on th Mobil Home Park site should be f vorable to minimum grading, mobil hom placem nt and ease of matntenan e. Th longitudinal grade for th individu 1 space shall not xceed fiv (5) percent and sn ad quate crown or cross-gradient for surface drain g shall b provid d . I • • ( • • • - -9- (2) Information to accompany the Mobil Hom Park Development Plan. A com plete Development Plan for the purpose of obtaining a Mobile Home Park Permit shall be drawn t o scale (not smaller than 1" equals 20') and shall s how or state. (a) The area and dimensions of the trac t of land. (b) Contours when topography is a d sign factor and required by the City Engineer. (c) The number, location , and size of all mobile home dwelling unit spaces, with each space designated as "mobile home" and showing the loc ation of the individual sto r age building , fen cin g , outdoor livability area, and servi e space . (d) The location and width of all internal roadways and sidewalks . (e) The loca tion and size of automobile parking lots and layout of parking spa ces and maneuvering areas. (f) The location of the service buildings and any other existing or proposed structures , including the outline of the structures and overall dimensions. (g) The location and intended developm nt of recreation facilities and oth r open areas, excluding parking and maneuvering areas. (h) The size and location of existing and proposed water and sew r conn ctions, location of fire hydrants, and m thods to be u ed for trash and garbage disposal. (i) Designat d fire lan s. (j) Adja cent streets, showing rights-of-way and roadway widths. (k) Adjacent buildings , showing outlines of th building and th numb r of floors. (l) Plans and specifications for all buildings, utilities and o the r improvem nts constructed or to be con st ru cted within the park. (m) Any additional inform tion whi h will aid in the c c>n~lderatl o n of the propo d Mobile Home Park Devel pment Plan. (3) Minimum area of Mobil Hom Park. (a) Mobile Hom Park ...................•............... Eight (8} acres. (4) Maximum density. (5) (a) Mobil Hom Park ......................•............ Eight (8) mobile hom dw llin unit spa e p r ac r . Maximum lot shall b 35% overage. xcept Th maximum cove r g provided h r in: of th mobile home lot (a) Wh r a r oof a r a, uch as arport or outdoor r cr ation h 1 rs, • I • - • ( • • • - -10- is pen for 50 percent or mor• of its pe r ime t er , its lot cov ra g shall b comp ut•d us one-half he a r ea cov r ed by the r oof. (b) Wh r e the lot is adjac nt, and has acccs t o improved co mm on op n space , o th r than v hicular a reas, a nd not less t han 20 feet in wid h , an addit i onal 5 per cent of the l o t may be occup l d. (6) Minimum lot dime nsi on s and shapes. ~linimum lo t width s a nd areas s ha ll be as requir d t o m t lot cove r age and yard , mobile home and buildi ng spac ing, and other r e quirement s as se t for h herein . So l o ng as thea requirem e nts ar met , and th r esulti ng layo ut of the lots is fun t1 onal and pro vid es for eff i c ient provi&lon of utll I !e~ a nd for convenient pedestrian and vehi c ular access , lot lines shall no t b r e quired t o be perpendicul r to s r ee t s o r r adial t o cu rve s , nnd l o t shape s may tak e any form , pr ovi e , hnwevl'r, tha in no cas shall any area on th e l o t more than 50 f e t frvm the mobile hom , nor any portion o f th l o t l ess th an 10 f et In minimum dimension b tw e n opposing lot lin s , b included in required lo t o r op en space a r ea . (7} Perimeter yards. (a} Adjoining public str ets. Where o n o r mo r e boundaries of the Mobile Hom Park Planned Development adjo in public s tr ets , a yard of at l eas t twenty-five (25) fee t in depth sha ll be provid d adjacent to s uch boundary. (b) Adj oining alleys. Wher e th boundarY f M bile Hom Park Planned D v lopment adjoins an ,lllev , a ya rd of a t leas t Le n (tO) feet in depth shall be pr vided adjacent t such boundary. (c) Adjoining a r esid n ial d !s tri c . \J'her a Mobil Hum P rk Planned ncvelopm n adjoins resident! l distriLt (R-1 , R-2, R-2-C , R-2-C/S.P .S., R-3 o r R-4} without an in t rvenin s tr et or alley , a ya r d of a l en L tw e nt Y (20) fe tin depth sha ll b provid d adjac nt to such bounda r y. (d) Adjoining a business r industrial dis rict. When• n Mobil !lome Pa rk Plann.!d n v lopment adjo in s n business or industrial district (B-1, B-2 , 1-l, 1-2) without an in erv n ln& fl reet o r a ll y , a yard of t lea s tw nrv (20) r~et In d pth shall be provided .Jdjac<'nt t o such boundary . (e) Excepti on . If dctermim•d neres arv In orde r to provide protection t or sldLnlS within Mobile !lome Pa rk nev lnpment from •xcess lve traffic noise, ll~hls or other dversc influ nces from outsid o f th development, Gr at r depth and/or approved scr en plan ting , wall s or f nc s may he requlr d Ln a ya r d. Such del rmln t!on sh. l1 b mad by the Cit y Pl,mnln nnd Zoning Comrnis ion In conjunction with the cons i deration of the Mobile Ho rark Pl nn d D velopment Plan. (f) Inc lusion s part of individual Jo t • nd yards . Ex ept a o t h r- wi se may be sp clfically provided , th ya rd may b inc luded in ind i vidu al lot and us ·d to me L v rd o r a r c1 r equl r •menl o r th mobil homf.' thereon, il the yard i app r opria t l y lo( L d and impr ov d . • 0 I • • • ( • • • • -11- (g) Limitations on use of yard s adjoin ing residen tal districts. No group parking f acil iti s and no active r ecrea t ion facilities for common use shall b located in any r equi r d ya r d adjoining lots in a residenti al district. (8) Livabl open space on lots. Livable open space shall b provided on lots for mobil home s in a n amou nt qual o no t less than ten (10) p r cent of the lot ar a , provided that in no case shall the required livable space b less than 00 squa r f e t. Such r equi r ed livable space shall hav a least dimen i on o f not l ss than fift n (15) feet . Such spac shall be l ocated f o r privacy , co nvenience and op timum use and shall b walled , fen ced o r plant d t o assur reasonab l p rivacy . Within such area , an area suitablv su rfac d f o r the placem n o f gard n or lawn furniture shall be provided, whi ch sur aced area shall be not less than 100 s quare fe t in ar a with a l east dim nsion of ten f et. The surfaced a r ea may be a m vabl elem nt in n r d r t o permit maximum flexibility in providin for a varie t y of mobil home width s , floor plan s and location on the lot. This area may b covered with a roof , c r eating a r cr a ti onal shelte r, subject to limitations on maximum lot ove r ag . Pa rkin g areas and d ri veways shall no t be included Jn requlr d livable open space . (a) Yards , open space djac ent t o mobil home units a nd spaci ng of unit s. (i) Intent. Yards nnd nth r op n spac s requlr d he r in in relation t o the mobil home dw lling units are int nded to perform a variety o f fun c ti o ns . Am o ng the s a re t o assure (11) ad quote privacy , and t o provide u sable outdoo r living space , a de sirable outlook from th principal living room xp osure, natural li ght and v ntJ lo t ion, ar ess to and around the units, off-str t parking and spacing betw n the mobile hom dwellings a nd be tw een the dwelli ng uni t and o ther building s for redu cing potential adve r s effects of no i se , odor, gla r e , or haz a rds from fi r . Tt i s intend d in thes~ r egula tions to relat r equirements to perfo rman c of thcs functions, allowin g maximum flexibility in d e t ail~d sit planning and u sc in so long as performan~e s tand ards a r me t. Dw lling unit xposur ,md outlook . Fo r· purposes of r lating requirem ntq to function , yards and oth~r op n spaces around th mobile hom dwelling units, distances betw en dw lling units and other buildings hall be de termin ed by exposures and outlooks from the portions of th dw lling unit s involved. Exposu re s of po rti on s of dwelling units and the minimum open space d~pth are defin d and class ifi e d as follows: A. Class A-Portion o f walls containing p rin cipa l living r oom exposu re to o utdo or living are through major window s and/or g lassed doors. Prime cons ideratio n her is direct vi •w of , and convenient aces to, ou td oor livable space. In cas s wh re tw o walls of th this t yp of xposur from th • dw lling unit pr ovid living r oom , ith r may I • n ( • • • - -12- be selected as the Class A exposure, and the othe r shall be considered Class C. Class A exposures . Minimum op en spac depth f o r Class A exposures shall be 15 feet . The Class A exposure shall be to livable space, required or other, on th lot, and not to parking area o r driveway area . B. Class B. Portions of walls contai ning the only windows for bedrooms , or princ ipal wi ndows a nd/or glassed doors for bed r ooms , wh e r e privacy , moderate outlook , and light a nd air are princ ipal considerations. Class B exposures. Minimum open spa c e depth for Class B xposure s shall be 10 feet. This may incl ude livable open space, and pa rking and driveway areas on the lot. C. Class C. Portions of walls containing secondary windows for bedrooms, wind ows for kitch ns, bathrooms, utility rooms, and the like, secondary windows for living rooms, o r exterior doors o ther than entries with Class A o rientation, where windows involved do not involv privacy or are so located, shielded , or a r e of such a nature that necessarv priva c y is assured, a nd where light , air, and fire protectio n are pr incipal co nsid rations. Class C exposures. Minimum open space d pth for Class C exposur s sha ll b 8 f et. This may inc lude the same types of open space as for B. D. Class D. Portion of walls containing no windows, doors, or other openings , but no t so constru c t d or safeguarded as to be suitabl for attachment to o th r dw lling units or principal buildings. Principal co ncern in such cases is with fire protection. Class D exposures. Minimum open spac depth for Class D elCposures sha 11 be 5 fe t. This may includ th same t pes of open space as for B. E. Cl ss E. Portions of walls containing no windows, doors or o ther op nings, and so constructed or safegua rded as to provide t least on -hour fire protection if it w re attached to a nother mobile home dw !ling unit or to a permitted building. Class E exposures. No minimum open spac depth requirements. (9) Distance to conunon areas . Except as provided above, distance fron1 a ny e x posu re to a street pavem nt o r to the ed e of a conuno n driveway, a conunon parking area, a ommon walk, or oth r common area shall b at least 8 feet. For Cl ss A exposur this distance shall be at least 15 feet . Carports op n in s mann r which assures comp lianc with th prov isions of Section {5), Maximum lot cov rag , may extend t o within 4 feet of a common sidewalk adjacent to a at r et o r common parking ar a, • I • • - ( • • • - -1)- or to within 4 feet of the street pavement or commo n parking a r ea if no such sidewalk is involved; but the carport may not b e in the required livable space or in any portion o f the open space whi c h c onstitutes a Class A exposure. (10) Carports, individual recreational shelters , sto ra ge facilities in r e quir ed open space. (a) Carport. A ca rport e n cl0sed for 50 p r c ent o r less o f its perimeter, a nd with en c losur of 10 percent o r less of the portion of its perimeter opposite any Class B o r C e xp osu re, may be located in any portion of th o pen space on the lot whi c h is not required livable s pa c e and does not cons titute Class A e xposure. (b) Individual re c r ational s helter. An individual re c reational shelt r (as des c ribed in Section (8) enclosed for 50 per cent or less of its perimeter in a manner whi c h does not constitu e und sirabl imp diment to view or fire hazard may be located in any livable space on the lot. (c) Storage facilities . Storage fa c ilities may be included as part of th enclosu r e for carports and re reatlonal st ru c tures subject to the limitations se t forth above. Independent storage struc tures containing not more than 100 c ubi c feet o f storage space may be lo ated in any portion of required open space on th l o t, provided that s l o ated and constru t d su h structu r es d o n o t co nst i tute () und s irabl imp diments to view o r fire hazards. (11) Spacing of mo ile h om dwellin unit s on adjacent lots. Minimum r P.q uired distan e b tween mobile hom dw !ling units , o r additions th ret o enclos d f o r more than 50 p r ccn t of th lr perimeters , shall be th sum of the requir d distanc s for th exposur s involved. (12) Equivalent spacing a lternativ As n a lternative t o providing required open space b tween unit s r portions of units as the sum of adjoining o p e n spaces on individual lots, where qutvalent spacing c n b assu red in a form appr priate to the xp osure s involved by de c reasing c learance fr om the l o t line on on lot a nd inc r easing clea ranc from the lot line on the o ther, this arrang ment may be pe rmitted, provided that access for s rvicing and maintenan e o f unit s involv d ca n be assured, and further , provided tha t mi n imum open space depth fo r Cl ss A exposu r es shall b> locat don th same lo t as th unit. Thus, for e xa mpl , in a row of lots on which Cl ss A exp su r s fac d Cl ass C e xposur es , calling for minimum open space depth of 15 feet on the lots with Class A exposur and 8 feet on the lots with Class C, the unit s could 11 b moved to the lot line on lhe Class C exposur s ide if the minimum depth on the Class A xposu r side wn inc r eased to 2) feet. (lJ) Occupancy of m bile homes. (a) No mobil hom shall hereafter h occupi d unle ss it i s pa rk d in an approved mobile h me park. (b) No mobi 1 hom hall be oc up! d in a mobile home park unless the mobil h m is si tu ated within a designated s pa c and on a HUD app r o v d foundation o r o n a con c rete sl b of not le s th n • I • • • • • • (10) • • - -13- or to with in 4 feet of the street pavement or common parking area if no such sidewalk is involved; but the carport may not be in the required livable space or in any portion of the open spac whi ch constitutes a Class A exposure. Carports , individual recreational shelters, storage facilities in required open spac . (a) Carport . A ca rport e nclosed for 50 percent or less of its perimeter, and with enclosu r e of 10 percent or less of the portion of its perimeter opposite any Class B or C exposure, may be loca ted in any portion of the open space on the lot wh ich is not required livable space and does not constitute Class A exposure. (b) Individual re c r ational s helter. An individual recreational shelter (as described in Section (8) enclosed for 50 percent or less of its perimeter in a manner whi ch does not constitute undesirable impediment to view or fire hazard may be located in any livable space o n the lot. (c) Storage facilities . Storage facilities may be included as part of the enclosure for ca rp orts and re c reatio nal st ru ctur s subjec t to the limitations set forth above. Independent storage struc ture s containing not more than 100 c ubi feet of storage space may be located in a ny portion of r equired open space on the lot, provided that as l ocated and con struct d such structures do not con stitute undesirable impediments to vi w o r fi r e hazards. (11) Spacing of m bile hom dw lling units on adjacen t lots. Minimum requir d distances between mobile hom dwelling units, or additions thereto nclosed for mor than 50 percent of th ir perimeters, shall be the sum of th required distanc s for th exposures involved. (12) Equivalent spacing alternative. As an alternativ t o providing required open space between units or portions of units as the sum of adjoining ope n spaces on individual lots, wh re equivalent spacing can be assured in a form appropriate t o th xposures involved by de e r asing c learance from the lot line on one lot and increasing c learance from the lot line on the other, this arrang ment may b permitted, provid d that a c ss for se rvi cing and mainl nance o units Invol ved can be ssu r d, nd further, provided that minimum op n spa depth for Class A xposures ·hall be lo ·ated on th e m lot th unit. Thus, for xample, in row of lots on whi h Cla faced Class C expo ures, calling for minimum open p 15 f et on th lots with Class A xposur and 8 fe t on th C, th units could ll b m ved to the lot line on the xposure id if th minimum depth o n the Class A exposur sid was lncr d to 23 f t. (13) Occupancy of mobile h m ( ) No mobile hom shall h r ft r h occupi d unl ss it 1 park d in an approv d mobil h m park . (b) o mobile home hall be o·cupi d in a mobil hom th • mobil hom 1 ituatt d wJ thin a d sign ted HUD app r ov d found tion o r on R co ncrete slab of • p rk unl p c and not 1 ) I • • • • • • • • - -14- four (4) inches i n thickness and no smalle r than the outside dimensions of the mobile home t o be accommodated . (c) Jacks , or stabilizers, or precas t conc ret e blo k with not less than 16" x 16" x 4", must be placed under th of the mobile home to prevent movement on the springs the home is parked for occupancy. a bas frame while (14) Skirting. All mobile homes shall b permanently sited according t o HUO standard s or shall b completely enclosed from the floor t o the ground with a no ncombu stibl material. Enclosures shall be vented by t h e i nstallation of two (2) openings no t less than one (1) squa re foot each , located at diagonal co rners fr m each o ther and cove red with a corrosion-resistant screen or g rill having o penings not less than o ne- quarter in c h (lr.") nor m re than one-half inch (~") in any dimension. One access d oor, a minimum of eighteen inches by tw nty-four inches (18" x 24"), shall b in t I led in the s kirting ahead of the f r ont axle and one behind the rear axl of the mobile hom e . (lS) Mobile home wind security. Each mobile home in a mobile home park shall be prot ected against wind for ces by the i n sta llation of ov rh ad ties and frame ties a nchoring the home securely to the ground , as follows : (a) Req uired numb er a nd type of ties. (i) Mo bile homes 30 ' -SO ' 3 frame ties per side. (ii) Mobile homes SO ' -70 ' 4 fram ties per side. (iii) Mobile homes ov r 70 ' --s frame ties p r side. (iv} Over-th -hom ties as close to each end as possible with st rap s a t stud nd and rafter location . (v) Posts fo r cabanas a nd awnings must be secur ly anchored t o a concrete patio or eq u ivalent foo tin . (b) An horing specifications . (i) Aug r or deadman type an hors, 6" in diameter. Arrowhead type an hors, 8" in diam ter. (ii) Auger or ar r owhead anch r should be sunk to depth of four feet. "Deadman" type anchors should be sunk to depth of five feet. (iii) Anchor rod, S/ " diameter with nds welded c los d t o form an eye . Must b hook d into conc r te where used in deadman an<'hors. (c) Tie and connec t o r sp cifications. (i) Ties shall be g lvanized steel straps 1\" x .03S or woven wire , galvanized or stainless steel cable 3/8" diam ter or \" aircraft c able. (ii) Connector shall b turnbuckles 5/8" diam t er of drop forged • I • • • • • • - -JS- s t eel wlth ends welded o r fo r g d c losed to form an eye or other t e nsioning devi ces of sim ilar str ngth . (16) Standards for street system. (a) The street sys tem within th park shall be so designed that access t o a ll lot s used for parking mobile hom es shall be fr m within the park. No lot s hall be so laid ou t or improved as to permit di r ec t access t o any public s treet or highway . (b) Streets leading into the park f r om publi c streets and hlghways shall be paved to a width of at l east 40 f ee t fo r a distan ce of at leas t 100 feet from the public street or hig hway, a nd no pa rkin g shall be permitt ed on su h s tree ts within 25 f e t o f th e public s tree t o r highway. (c) Other street s in th e park shall be paved t o a minimu m wid t h (c urb t o c urb) of 28 feet for one-way s treet s , 38 feet for tw o -wa y s tree ts, where parking i s p nnitted . For ach side of such stree t s on whi c h parking is prohibited, minimum width ma y be r e du ced by 8 fe t . (d) Curves o n all a cess roadR shall hav a minim um inside r adius of no t less than 20 feet. (e) Dead-end streets may be used, provided that no such s treet s hall e x ceed 400 f et in length , a nd that s uc h s treets shall be provid d a t the closed e nd wi th a turn ar und of at least 45 foot radlu s at the ou t side dge o f th paving. (f) All s tr e t s within the pa r k shall be buil t t o City o f Engl wood co nst ru ct i on sp cification , and shall include cu r b a nd g utter. (g) Signs shall b placed at st r et intersec tio ns within the park desig na- ting the mobile hom spa e numb r s l oca t e d along each s treet. The letters on such signs s ha ll b a minimum of thre (J) inches in h ight and s hall be r efl c t oriz d . (17) Parking. In mo bile hom parks, not less than tw o (2) parking spaces shall provided fo r each mo bil hom spac . Parking spaces shall be onven iently loca ted wit h r espect to normal ont1cipated use by tenants and visitors and in r ela tion to se rvi ce facilitfe~. Such parking spaces shall b not less than 9 f et x 20 feet. (18) Walkways. Con r te walkw.ws not h•s>< than 2 " wid shall be provided from mohil hom spac~s to stree t s , and all other conc ret w lkwavs shall be at least 30" wide . (19) Se r e ning. Adequate protection shall be p r ovid d the r sid nt s of the pa rk from any undesirable off-si t e views o r a ny adve r se influ n from adjoinin~ str ts and prope rt i s . To this end, the park shall b su rrou nded by a fence , wall , or planting sc r ee n n all side s abutting o r djacent to o th r priva t property, or an ar t erial s tree t o r high wa y . If a f nc o r wal l is us d , it shall be at Least six (6) f e t in height and of solid construction. If veMetntion is used in p1 e of a fen~e or wall, il shall hi.! of a natur whld1 provides equival nt pn,tectlon to th property and to nelnhborinN propertv. Notwithstanding nth r I • • ' • • • (20) (21) • • - -16- requiremen ts of this provision, no f nee, wall or vegetative screening shall be permitted to extend into any required exte rior ya r d at a height or in a mann er which materially impedes the visibility of a motorist exiting from the park onto a public street. Re c rea t ional a r ea . For c hildren's play and adult recreation , not l ess t ha n eight (8) per cen of the g r oss a r ea shall be set aside and appropr iately improved, and this area shall not be used for any other purpose . The c h ildren 's pla y area shall be so located and p r otected as to min i mize danger from traffic . Recreation areas may include space f o r a community building and communit y use facility such as indoor re c r ea t ion area, s wimming po ol or hobby wo r kshop. Lighting . (a) St r eet a nd ya rd lights shall be provid d in such numb r and intensity as t o insure safe movement of vehicles and ped strians at ni ght. (b) Ea c h servic building shall be adequat ly lighted inside, and s ha ll have outside lights large enough to illuminate the immediate area , wh ich ligh t s shall be placed in su h a manner that identifyin g sign s a r e r adabl at night. (2 2 ) Clothes dryin g area r quired . Adequate inside drying facilities a dj acent to the washin g facilities in the se rvice building shall be p rovid e d. Umbrella-typ drying facilities may be installed in the individual mo b ile horn e space as a part of the baste facilities. (23) Fi r e protection r equirement s . (a) All portions of any park shall be within 500 t of a fi r e hydrant of stze and d sign conforming t u the City of Englewood Fi r e Code. (b) Ev ry park shall b equipped at all times with s uppl eme nt ry fire e xtinguis hing equipment ln ac o rd an e with the City of Englew od Fire Code. Fire xtinguishers whi c h are provided shall have a minimum rating of 2A-10 BC U/L. (c) Each park shnll have designated fire lanes, the loc,ttion, dime n sions :1nd cons truction of which shall conform to the City of Fnglewood Fire Cod . ( 24) Scrv ice build in • rcqu i rmcn s. (a) Servic building requirements for mobile hom parks. Ev ry mobile home park shall provide adequat sanita r y fa cilities fo r ernerg'ncy use In a service building or buildings. These fa cilities shall consist of nt 1 ast one flush-typ toilet and one lavatory for ach sex . Such facilities shall b maintained in a cl ean and anitnry condition and in working order at all time . (b) Additional se rvlc building requirements . S rvlce buildings: (1) Shall be located t least 15 f et from any mobile home space . I • • • • • • • - -17- (ii) Shall be of moisture-resistant material on the inside, to permit frequent washing and cleaning and shall be adequat ly lighted. (iii) Shall be of permanent construction of one-hour fire rating, complying with City of En glewood Building Codes. (iv) Shall have adequate heating faci lit ies to maintain a temperature of 68 degrees Fa hre nh eit dur ing cold weather, and to supply adequate h ot water during peak hour demands . (v) Shall have all rooms well ventilated with all ope nin gs effectiv ly sc reened. (vi) Shall provide sepa r ate compartments for each wat e r c loset , ad quately sere ning othe r compa rtme nts from view. The tollet and othe r sanitation facilit ies for males and females shall be eith r in separate buildings o r shall be separated, if in the sam building , by a soundpro o f wall . The sanitation facilities for males and females shall be distinctly marked t o denote the sex for which they a re intended . (25) Water and sanitary sewer se r vice and plumbin g re gulations . (a) Water supply. (i) An accessible, safe , and potable s upply of wa ter, with a r s idual pressure of no t less tha n 20 PSI at each mobile home sit und r normal op r ati n g condi tio n s , s hall be provided in each mobile hom park. Whe re a publl supply of wa ter is available, nne ction shall b made ther to a nd its supp l y shall b used ex lusively exc pt a privat e wat r supply may b used f r irrigation purposes. (ii) The d velopment of an i ndep nd e n t water supply t o se rve th pork shall b made only after express approval has been ranted by the City and plans and specifi ation s for the water vstem hav b en approved by the City and State Department of Health. (b) Public sewer sys tem connection r quired. Parks shall be connected to th public sewer svstem , and such connection shall be approved by the City. All sewage disposal apparatus, ln c ludlng appurtenan ces thereto , shall be provided, maintai n d and operated so as not to create a nuisance or health hazard. The usage of th sewer shall con form to all ity ordinan·es . (c) Plumbing r gulntions . All plumbing in th mobil h m park shall comply with State and City of Englewood Plumbing Codes and R gulations. (26) Electrical requirement (a) S rvic s. (1) Electrical s rvic s in mobile home parks shall com ply with th requirem nts o[ the National Electrical Code , the I • • • • ' • (b) • • ,. - -18- Electrical Code of the State of Colorado, a nd the Municipal Code of the City of Englewood. (ii) Electrical dis tribution systems in mobile home parks shall be installed undergro und . Such installation shal l be in conformance with the National Electrical Code. (iii) Mobile home spaces shall be provided with an approved rain- tight power outlet panel with pedes tal containing 100 amp. main disconne c t, o n e llOV 20A GFI r eceptacle, a nd o ne recep- tacle rated at 50 amps . protected by a 50 amp. ci r cuit breaker. Each pedestal shall be install ed within 18 in c hes of the mobile home. The pedestal s hall be permanently installed o n a po ured co nc rete post or approved metal frame secure d in co nc ret e set 30 in ches below g ra de. Bottom of pedestal ho using s hall have a minimum height o f 18 inches above g rade. (iv) Lighting shall be in accordanc with Section (21), Lighting, on page 16. Branch ci r cuit . Ext nsio n co rds s hall terminate in a pa nel inside the m0bil home. Said panel shall b sup plied by an app r oved cord 50 amp. 4-wir single phase. (27) Fuel storage and conn ctions. (a) Mobil hom using liquefied petroleum gas for cooking and heating units a r subject to inspec tion for comp liance with the Stat of Colorad0 l·w in liquefi d petroleum gasses . These units mav be conv rted o usc n tura l gas. Fo r the safetv of occupants, it h 11 b th r spons tbility of th park owner o r ope r tor t o nsuur th t no natural gas units in a mobile home a r e co nnected o r used until such gas units r insp cted and app roved by a gas utility c mp ny upplying th e s rvice . All rule ond r gulations of the Gas Uti lity Company s filed with h Public Utilities Commissio n hall b dh r ed to prior to ing prov ld d. (b) All piping from out id lu 1 sto r age tanks o r ylind rs t o heating unltb in mohiJ,• hom(., h.1ll cnntonn to applicable sta te law and pplitdbl ~ngl~wood Cltv 0rdlndnreM. All fuel storage tanks o r ylinderA MhJll ba Herurelv fJstened in pla e and s hall not be l0Cdt d in~idP or ben~Jlh h mobil hom . (c) Oil torage shall conform to applicabl state law a nd applicable Citv of Englewood 0rdinances . (28) Refus Disposal. Th sto r age , collec tion, and disposal of refus in the mobil hom park shall b so managed as not to creAte he lth h tards , rodent l•arhorag , insec t-br eding areas , accident hazards, o r ir p llution. All refuse shall b stor d in fly-tight, w ter-tlght, rodent-pro of cont iners, whi ch sha l l b provided in sufficient number and capacity to accommodate all r fus from th park. Satisfactor conta iner racks or hold rs shall be provid d t p rmanent location , co nv nient to th mob il e home spaces, in ar as appropriatelY scr n d from vi w, and shall comply with all h alth regulations. M thod o f storag , collection and disposal re subj ct to approval of th Co d Enforcement Divi ion • • I • • ' • • • - -19- (29) Additions to mobile homes. (a) No additions shall be built onto or become a part of any mobile home except: (1) Skirting of mobile homes as set forth in Section (14). (ii) Cabanas, patios, or po r ches. (iii) An attached garage will be permitted if it does no t damage the i ntegrity of the mobile home. (b) A building pe rmit shall be r equ ire d for any addition permitted in sec t ion (29) (ii) o r (29) (ili) abo ve. (JO) Storage spac required. (a) Each mobil home spa e shall be provid d with not less than 100 cubic feet of storage space. Such storage space may b provided within individual units located on each mobile home space or in a central building no more than 100 feet from the mobile home spac for whi c h th storag is provided. All such s t o rage units and buildings shall be f weather resistant mat e rial s and on hour fire resistant con stru tion. (b) No stor age shall b permitted und rn eath any mobile home. (Jl) Parking of mobil e homes. (a) No mobile home shall b pa rked or permit t ed to s tand upon any public street, hi hway, r oad , alley or other such right-of-way for more than twenty-four hours unl ss a special permit i obtained fr m the Poli e De partment of the City of Engl wo d, Colo rad o. (b) No mobile home shall be maintained upon any privat or public property in the City of Englewood, Colorado , when the sam is used for living purposes unless the prope rty is r egis tered as a mobile home park. No mobil home shall b stored within any r equir d front, side , o r rear y rd as sp cified by th Compr hensive Zoning Ordinance . (c) Wh e r e an existing Indivi dual mobile home is parked on a private lot and occupi d as a dw Lling on the effective date of this section, it s h 11 be r gist r •d with the Cod Enforcement Division within 90 davs after th ef fe c tive dat of this chap ter. (J2) Building p rmit required. (a) No per son shall comrnen th development o f land for a mobile (b) hom park, or alter, inst 11 or r emov any structural improvement in any mobile hom park without first securing building permit from the Code Enforcem nl Division autho rizing such alterations, inst 11 tion or removal. An appUcation for a p r.mit authorizing any structural installation , alt r tion or r moval within an xisting park o r for th d ve lopment of land for a mobile hom park shall set forth th followi ng • I • • • • • • • - -20- information, insofar as the same is applicable and ls known or can b ascertained by the applicant through the exercise o f due diligence . The application for a permit to develop land for a mobile home park shall be accompanied by the approved Develop- m nt Plan. (l) A survey by a registered land surveyor showing the location , boundaries , dimensions and area of the proposed mobile home park. (ii) The number , location and size of all mobile home spaces. (iii) Names a n d right-of-way a nd roadway widths of adjacent streets. (iv) Zoning nd land use of s urrou nding property. (v) Propos d rout s of access to and egress from the mobile hom park. (vi) The location and width of r oadway s and walkways, re c reational area , and off-stre t parking areas within th park. (vii) The location of s rvice buildings and any other proposed structures, and the location , dimensions and plan for dev lop- ment of the requir d r cr ation area. (v iii) Th location, size and type of water and sewer lin , traps, v•nt s and rl s rs for water and sew r. (ix) Plans and spec if lcaU ons of all buildings a n d other imp r oveme n ts onstructed or t o be construc ted within the mobil home park . (x} Such other Information as may reaso nably b r quired. (c) The p rmit shall b v lid only for the plan ubmitted with the application, and shall not be transferable to any p rson other than th permitte , nor to any oth r lot , tract , or par 1 of land within the co rpo rate lim its of th City of Englewood. (d) The permit shall expire six months after the date o f issuance if c nstruction hdS not begun, nd ls not diligently pursued. ( ) All building~ and utilities to b construct d , alt r d o r repaired in park sh 11 comply with all applic ble codes and engineering sp ificatlons of the City of Englewood and the State of Colo r do, ,nd all applicable p rmits shall be obtained. (33) C rtificates of occupancy. ( ) (b) It shall b unlawful to or ope r te a mobile hom City of Englewood unl ss pancy has b en obtain d. permit any p r son to occupy, maintain park within the corporate limits of th and until a valid c rtificat of occu- In connection with any p rk establish d aft r th effective dat of this ordinance, no ertiflc t of occup ncy shall b issued unl ss and until all of th ro dways ar constructed within the • I • • • • • - -21- park and not less han 50 percent of the park has been completed and is in compliance with the terms of this ordinance. (34) Existing parks: Certificate of Occupancy . (a) Within thirty days after the effective date of this ordinance or within thirty days after ann xation to the City of Englewood subsequent to th effective date of this ordinance , the owner or operator of each existing mobile home park shall be mailed forms o n whi ch to apply to the Code Enforcement Division for a Certificate of Occupancy. Application shall be in writing and shall contain such information as the division may require to determine wher in the park does not conform to all requirements of this o rdinan ce . (b) Th Code Enfo r ceme nt Division shall issue a Certificate of Occupanc to th owner or op rator of legally e xisting pa rk s . Th Ce rtif icate shall list the requirements of this ordinance with whlrh the park do s not conform . onconformance with h alth and snf y requirements of this ordinance shall be listed s pararely from n n onformanc-c with other r equirements. (c) It shall be unlawful to permit any p rson to occupy any mobile hom in any mobi I<• home park wl thin the corporate limits of the City of Englewood until all facilities ther for have been inspected and approved by th Code Enfor ement Division and a p rmit to occupy he unit has been issued . (3 5) Existing parks: Alteration, extensions. No existing park which does not meet the r qui rem en ts of this s ction shall be remodeled, reconstruc- ted, redeveloped, alt •red, ext nd d or reduced ln s ize, except in a manner whi h increas s the deg ree o f complianc with this section . (36) Complianc with r gul tiona. The p rson to whom a mob ile home park occupancv pt:rmit is issued sh 11 at all ti.m s op rate the park in compliance with this s c rion and regulations issued hereund r, and shall provide ad!!quat supervision t o maintain the park, its facilities and qulpm n in goo d repair and in a clean and sanitary condition at all t lmes. (37) Annual inqpections required. (a) Th Code Enforcem nt Division is herPby authoriz d and directed to in~pecr eac-h mobil hom p rk local d within the City of l· n • 1 l'WOC'd wnuall v in order to det rmin he de re of complianc or noncompllane<• with th t rms of this section and to nforce C<mplian with the provl, ion of this s c tion. The inspector shall hav the pow•r to nter t a reasonable time , upon reasonable notlc•, any private or public prop rty forth purpose of inspec- ting nd inv sti~oting conditions r lating to th enfor ment of this section or nny r gulntion which may b promulp,at d h reunder. rh inspector shall make uch dditional Inspec tions s may be n cessarv to a sure compli nc with thi s ction. (b) 1t '<hall b unl.1wful for any p~rson to r fus the inspector cce~!l t n n mobll•• home p rk for the purpo es of lnsp c tion . • I • • - • • • - Section 16.4-15 Planned Development (P.D.) District. The purpos of this subchapter is to permit and encourage diversifica tion in the location of structures and the appropriate relationship of various uses and structures to their sites without inhibiting the potential advantages of new and imaginative techniques and concepts of design of urban land use . These regulations are further inten ded t o insure improved pedestrian and vehicular c irculation facilities and the provision of usable open space while insuring adequate standards relating to the public health, safety, welfare and convenience in the use and occupancy of buildings and facil lties. The ame nities and compatibilities of t he Planned Devel opment classification are to be insured by the a doption of a development plan , whi ch shall co nsist of maps, diagrams and written statements setting fort h land use relationships and development standards. The Planned Development cla ssifi ca tion is t o b applied t o land only upon specific application by the own er or own ers of the land, a nd after a p proval by the City Pla nnin g and Zonin g Commission a nd City Co uncil. Construction on said land shall take place only after the approval of the approved plan and its attendant documents have been r ecord ed in the Office of the Clerk and Reco r der of Arapahoe County , Colorado . a. Requirement s. (1) Development under the Planned Developmen t District regula tio ns shall be subject to the provisions of this Ordinance as well as the basic zo ne district with which it is comb ined. Where a onflict occurs between an app roved P.D. and th regulat i ons of the underlying zone district, the ap proved P.D. shall prevail. Density shall be considered within the approval process for a Planned D velopment. Th e density allowed by this Ordinance for the zone distric t can be i ncreased only with the approval of th Citv Council . The approving agency may r equire that a n applicant for a Planned D velopmcnt waive any density increase permitt d through v rianc . This shall not preclude density averaging within a Plann d D v lopm nt having an ar a of 10 acres or more and under one owne r ship. Density averaging shall apply o nly within the same zon district unl ess approved y th City Co un cil through the Planned Development. (2) Tn o rd er to ncourage good design and flexibil ity, all o r part of th subdivision r gulations applicahl to the d velopment may be waived if all public improvements and convenienc s will be co nsummated through other docum nts and agr ements. If Planned D v elopment approval is withdrawn after any subdivision wniv r has been g r a nted, or if construction of a Planned Development has not been started within two years from th date of approval by th City Council, the waiver shall be null a nd void and th prop rty shall be subject to the Subdivi ion Regulations. b. A pr -application confe r nc shall b h ld with th D partment of Conununit 0 v lopment in o rder for th ap plicant c. to become a qua1nted with th Plann d D v Jopm nt procedures and r lated City requirements. Application. An application for approval of a Planned Dev lopment shall be filed by th own r o r own rs o( th land. Tl1 application shall be made on a fo rm provid d by the City nd shall b ac'ompanied by plans and written stat ments showinR th following inform tion . • I • • • • - -2- (1) Development Plan. A dev e l opment plan showin g the major details of the pro po sed Planned Development a t a scale no t smaller than 1 " a 50' and in s ufficien t detail to evaluate the land planning, building de- sign, and other features of the proposed development. The develop- ment plan must contain , insof ar as i s appl i cable, the following minimum information. (a) A boundary s urvey . (b) The e xisting t opographic charac ter of the land. (c) The proposed land u ses . (d) The location o f all xisting and proposed buildings, structures a nd improvements . (e) The d nsity and type of dwellings, including typica l elevations and showi ng maximum height. (f) The major points of access to public rights-of-way, the i nt e rna l traffi and ci rculation systems, if a pplicable , off-street pa rking areas, service areas , and loading areas. (g) Th e location, h eight a nd size o f proposed sign s , fences, l ighting and advertising devices in lud ing typical elevatio ns . (h) Ar eas wh ich ar to b co nveyed, dedicated or res rv ed for public purposes , including, but not limited to: parks and recreational areas, bicycle and pedestrian facilities , easements for utilities , or other public purposes. (i) Ar eas subject to a 100-year flooding cyc le. (j) A general landscape plan with major types of materials designated as to purpo se, s urce of water and type of sp r inkling system. (k) Drainage plans . (1) D signation o f various st ges for construction, if applicable . (m) A myl r of the appro ved dev lopmen for rec ording in th e o ffic of th R cord r. plan shall b submltt d Ar paho County Clerk and (2) Written statement. Th written statement with the Pl nned D v elop- ment applicnt ion shall c ants in the following mi nimu m Information: (a) A statement of the present own rship nd a 1 gal description of all of th land included in the Plann d Development. (b) An explanation of the objectiv es to be achiev d by the develop- ment, including building d scription s , sketches, or elevations as may b necess ry to describe the objectiv s. (c) A developm nt sch dul lndic ting the approxim t date when I • • • • • - -3- construction of the development or stages of the d velopment c an be expected to begin and to be com pleted. (d) Copies of any special agreements , conveyances, res tric tions , or covenants which will govern the use , maintenance and pro- tectio n of the development and public areas . (3) TI1e applicant may submit any other information o r exhibits deem d pertinent to the evaluation of the propo sed Pla nn ed Development. d. Review and Approval . (1) Upon receipt of the application, the Department of Commu nity De- v lopment shall be res pons ib le for coo rdinatin g the review of the development plans by the various City departments and appropriat e public agencies culminating in the submission of an advisory report and recommendation to the City Planning and Zoning Commission. Sub- mission of the repo rt and recommendations shall be accomplished with- in thirty (30) days after the filing of the complete application. A copy of the advisory r port a nd recommendations shall be furnished to the applicant. (2) Within thirty (30) days after having received such report, the Com- mission shall hold a publi hearing on the application. The appli- cant shall post th e prop rty of the proposed Planned Development , in a form pres c ribed by th 0 partment of Commu nity Development, and the Department of Community Developm nt shall be r spon sible f o r publish ing the legal netic of the public hearing. (3) Within thirty (30) days frum the dat of he public hearing, the City Plannin nd Zoning Commission sh 11 mak written findings recommending to th City Council th t the propos d plan is either approved, conditionally pproved , or disapprov d. A copy o f said findings s hall be furniohed to th applicant. If the plan is ap- proved or conditionally approv d , the plan shall be sent to City Co un c U. If the plan is disapproved , the plan sha tl be returned to the applic nt togeth r with the findings s tting forth the reason for disapprovaL The ppllcant may make th nee ssary revision a nd r submit to thl' City Planning Commi ss ion, or the d cislon of the City Pl nning Commissi on may b app al d t o th City Council by the appli c ant. A s~cond public h aring ~hall not b r quir d by th City Planning Commh . l <•n o n t h • r t:'v i s i o ns . The City Coun('il t lr s discretion may requir a publi hearing prior to ('OOS !deration of the proposed Plano d Developm nt. Such hearing shall he s hcdul d ln timely manner. Within thirty ( 30) d ys following the City Council's public hearing, if held, or within thirty (30) days following receipt of the Planning Commission recomm ndation if no hearing is held, the City Council shall make findings eith r approving, conditionally approving , o r disapproving the propo d pl n. A copy of said findings shall be furnished to th applicant. If the City Cou n il finds that a plan i disapprov d, the applir nt shall b given th reasons for the dis pproval. Th pplic nt may mak ny necessary carr ct ions nd • I • • • • • • • • -4- resub~ft the corrected plan to the Department of Community Develop- ment tJr appropriate action. (4) The approved development plan in c luding modifications or conditions, shall be endorsed by the Chairman of the City Planning and Zoning Commia •• ion and the May o r, and shall be recorded in the Off ice of the Arspah~e County Clerk and R order . (5) Any person applying t o the cou rts for a review of any decision made under the terms of this Chapter sha ll do so within thirty (30) days of the date of the d cision and shall be required to pay the cost of preparing a transcript of proceedings and the application for review shall be in th e natur e o f ce rtiorari under Rul e 106 (a){4) of the Colorado Rules of Civil Procedu r e. e . Standards. Before approving a Planned Development, the approving agency shall make written findings that the Plann d Development will implement the purposes of this Ordinance and of this Chapter, and, in addition, meet the following requirements: (1) Uses permitted. The use in the Planned Development shall be a Per- mitted Principal Use in the Zone District in which the Planned De- velopment is located, or a use permitted pursuant to other provisions of this Ordinance • (2) The Planned D velopment shall be co nsistent with th intent of the Compreh nsive Plan and th policies ther in. (3) The Planned Dev lopment' relationship to its surrounding shall be considered in ord r to avoid adv r s ff eta to the existing and possible future development caused by traffi c circulation, building height or bulk, lack of scr ening, or intrusions of privacy. (4) Minimum requirements for usable o p n space shal l be m t through the overall design and am nities propos d for the development. Private park and/or recreational areas, own ed in common, may be considered to meet th minimum usable op n spac r quiremcnts if it is deter- mined that such areas will m et th following requirements: (a) The area will b of ~ufficie nt size to adequat ly serve the cntir d v lopml·n f u r which it i d signed. is cc sibl and v ll bl to 11 of the occupant use it is int nd ed . (c) Th ar a shall h suit bl and sh 11 b u d for landscaping and r rational purpos •• (5) The numb r of off-stre rking sp ces in th proposed d v lopm nt shall not b 1 as than r quir menta of S ction 16.5 of this Ordinanc , provid d, h v r, that th City Cou n c il may, upon the recommendation of th Planning a nd Zonin g Commission, w ive up to and including twenty-fiv (25) p rcent of said requirem e nt in any zon district if on or mor of th following factors r found to exist: • I • • • • • • - -.5- (a} The probable number of automobiles owned or used by occupants of and visitors to the proposed development will be less than typically found in similar developments. (b) The parking needs of non-resid ential uses will lessen the over- all parking need s o f the development. (c) Varying time periods of usage by mixed uses in the develop- ment will lessen overall parking requirements. (d) The property o wners will participate in a parking distric t which will ad quately meet the off-street parking needs o f the development. (6) Site Planning. The approving agencies shall be satisfied that the site plan for the Planned Development meets all of the following requirements: (a) If the propos d development includes multiple family or no n- resident! 1 buildings or structures and it is adjacent to a sin gle-family residential use dist rict, the development shall contain a buff r. In order to minimize any adverse effects on the adjac nt single-family area, the buffer shall be no t less than a twenty-five (25) foot landscaped area, and a n opaque six (6) foot de~orative fence s h all be provid d. (b) Within the Planned Development, sufficient space must be pro- ~idcd betw e n buildings and structures , giving con s id e ration to their intended use, their l ocat ion, design and height , the pla c ment and extent of facing window ar as , nd th topography and such other natural featur s a will assur privacy and pleasant nvironm nt. (c) If the ar a of the d v lopm nt i such that an int rnal street circulation syst m is n c ss ry, au h syst m shall b designed for th typ of traffic that will b genera t d, and all curbs at ntrances and other access points shal l hav ramps to facil- itate cccss f or th handicapped and for bicycles. All Pl nned D vclopmcnts must have access to public str ets. Privat , in- t mal tr ts rna be p rmlttcd if they comply with City at ndards. (d) Bicycl and ped strian trails re to be provid d wher the City bicycl nd/or trail plan or th R gional Bicycle Tr nsport tion Pl n hows such trail or trail corridor . Trail or walkway systems or 1 n s re to be pro vid d, whcr f asibl , to s hools, shopping ar s, parks, gr enb lts, nd oth r faciliti as n cessary. Trail syst ms nd walkways through open apse areas r encouraged as an ltcrnat to pedestrian id lk requirem nts nd may be us d upon approval by th City pr viding th following criteria r m t: (i) Th system provid a would the applicabl t l oat th sam 1 v 1 of s rvic sld w, lk r quirem nt . • s I • • • • • • • - -6- (ii) Easements or open wa ys are plott ed and ded i cated to the system . ( ii) Trails o r walkway s a re eith r paved, tr eated or co nstruc t e d from selected ma terial to provide a suitable all-weath r surfac e that is easily maintained. The type of construction shall b e com patible with the anticipated use. (iv) A perpetual association or corpora tion or other suitable means is established for maintenance. (v) Pedestrian walkways and bic ycle trails ar e not combined. (vi) Where the area considered for Planned Development is less than 5 acr es, bi cycle trails are not required. (e) The site plan shall provide for the maximum preservation of natural drainage areas, v ge t ation and other desirable natural feature s . (7) Density shall b c onsid red within the approval process for a Planned Development. The density allowed by this Ordinanc e for the zone distric t can be inc reased o nly with the approval of the City Council. The approving agency may r e quire that a n applic ant for a Planned Dev el•>pm nt waiv any density inc rease permitt d through varianc e. f. Development in Stages. The approving agencies may authorize the implementa- tion of the dcvelopm nt plan in stages. However, at the time of co nstruction of the first stage of the Planned Dev lopment, any priva te o r publi c recreational facilities required by the dev lopment plan sha ll b constru c ted t o serve the dwelling unit density for the e ntire dev lopment. g. Changes in the D velopment Plan. Ex c ept as provided hereaft r, no c hanges may be made in the approved Planned Development during its implementation. h • (1) Minor c hang B in the loca tion o f buildin s and struc ture s may be authoriz d by th Direc t o r of Community D vel opme nt if requir d by ngine ring o r o ther ci r c umst a nces no t f o r seen at the time the (2) d velopmenl program w s approved. No c ha nge uthorized by th Director of Community D vclopment und r thi s Sc tion may increase th density of the d vel opm nt. nor c hong the l oca tion o f a ny building or struc ture by mor than is necessary to co rrec t the engine ring o r r e lated problems; and provid d that the Direc t or of Commu nity D v lopm nt may not approv the r locat i on of any build ing or structur so that t he building o r structur Is rloscr to anv sid nr front prop rt line than was approved on th d v lopm nt pl3n . D Plann d D v lopm nt plan, including hang s nd In th dcv Jopm nt srh dule , must b m d und r applicable t o th initial ap proval of a Plano d Th Dep rtmenl of Commu nity Developm nt shall which h v b n i s u ed fo r th Plann d Dev lopment t k sit to If th insur is not Work Ord r s h all th • I • • - • • • • • -7- with the approved development plan within thirty (30) days, the D partment shall report the violat i o n and t he terms nd co nditions of the approved development plan to the Planning Commissio n. The Commission shall give written notice t o th Planned Development appli c ant and all the owners abutting the Planned Development, and shall hold a public hearing on the report of violations submitted by the Department. Upo n review of the alleged violation , the Comm i ss i o n may , if it deems neces sa ry, requir e that appropriate action be talten t o remedy the violations. The Comm ission may approve such amendments and modify the approved development plan. If the amendments or modifications are not approved, the applicant s hall bring the project into co nformanc e , or the Commission shall recommend to the City Council that the approval of the Planned Development s hould be revolted, giving written findings therefor. i. Annual Review. If the appli cation for building permits has not been made within two (2) years of the Planned Development approval, the app licant shall be notified in writing and requested to give cause why the Planned Development approval shall not be withdrawn. If the owner does not respond within sixty (60) days, the City Planning Commission may rec ommend to the City Council that the Planned Development approval should be withdrawn; the approved developmen t plan may be declared null and void by the City Council, and written notice given t o the property owner. Any s ub sequent Planned Development shall comply with the procedure set forth ab ove. j • Completion of the Planned Development. Upo n the c ompletion o f th Planned Development, the Direct o r of Community Development shall issue a certificate for the Planned Development certifying the completion and shall no te the issuance of the certificate o n an office copy of the official Zo ning Map and on the site plan. After completion , th use o f land and the construc- tion, modification, or alteration o f any buildings within the Planned De- velopment wi ll b governed by the approved d evel o pm nt plan. lt. ~· The City Council may est blish fe schedule for Planned D velop- ment applicatio ns to cov r th cos t s of processing and r ev iew. 1. Approving Agenc_y. As used i n thi Chapt r, "Approving Agen c y" shal l mea n the City Coun c il acting after h ving reviewed the recommendation o f the City Planning and Zon ing Commission. I • • • • • • - Sectio n 16 .4 -17 Fen ces and Retai nin ~ Walls. A building permit is r e quired fo r all fen ces and r e taining wal l s . a . Classification of fen ces and retaining walls shall b e a s f o llows : 1. Masonry Walls (Decorative) .•......•.•........... Class 2. Ornamental lron ......••....•..............•..... Class 2 3. CHAIN LINK/WOVEN Wn.E ................•......... Clas s 3 4. Woo d Picket (more than fifty percent (50%) open) ••....•...•••...•••..•..............•...... Class 4 5 . Solid Fences (W oo d or metal less tha n fifty percent (50%) open ••.•.•.•.••.......•.........• Class 5 b. The height of all fences shall b e measured from finished grade. c. Fences in r eside nti al distric ts shall conform to the following r e quirement s. 1. Fen ces erected in front of the building line shall be of a ny class, and shall n o t exceed a height of three (3) feet s ix (6) inches. 2 . Side ya rd fences back of the front bui lding line may be of any class , h>~' shall n ot x ceed a height of six (6) feet to th back property 11 ne. 3 . Rea r ya rd fences may be of any class but shall not xceed a hei~ht of six (6) f t. Such fenc s shall no t obstruct visibility at the inters c tion of th alley with a street. lf a r ar ard of one property abuts the side yard of an adjoinin~ prop rty, th h i ht of a fence con structed in front of th front buildin~ lin of the h ouse on the adjoining pro p rt shall not exc d 42 inch s. 4. For building loca t d on corner lots, side yard fences in th yard abutting a public ri ht-of-way can b e of Clas s 2, 3, o r 4 in th area twent y-fiv (25) feet behind the front property line and shall not exceed a height of forty-two (42) inches. 5. No f n ee , retaining wall or similar obstruction shall be ere t d or maintain d which obstructs the view of pedestrians on the id - walk, or obstructs th traffic vision at intersections. For the purpose of determinin~ complianc to this Section, Table 16.4-17 A shall be used to determin~ int rsection cross-corner visibility; such d termination shall be made by the Traffic Engine r. 6 . No barbed wire o r oth r dangerously sharp fence and n o electrically charged fenc shall be er c ted or maintained. 7. ln case of a fence erected on top of a retaining wal l , the height shall be measured from the grad of the high side. In case of a fence erec ted adjacent to and parallel with a retaining wa ll, but on the low side of su h walls , the h eight of th e fe n ce may be measured from the top of the wall . I • • • • • • • -2- B. Dog runs shall be located within the rear one-third of the yard. 9. Fen ces shall be kept in good repair . Any damaged or dangerous fence shall be removed or repaired when so ordered by the Director of Community Development or his/her designee . Appeals of such decisions shall be direc ted to the Board of Adjustment and Appeals. 10. When the public health, safety, and welfare will be substantially served and a notarized copy of an agreement between the neighboring property owners is filed with the Department of Community Development , the Director may vary the requirements of this Section to accommodate said agreement. d . Fences in business districts shall conform to the following requirements. 1. Fences shall be of Class 1, 2, 3, 4, or 5, but shall not exceed the height of six (6) feet. 2. For regulations regarding required screening fences, see Section 16.5. 3. No fen ce , retaining wall or similar obstruction shall be erected or maintained which obstructs traffic vision at street intersections as determined by the Traffic Engineer. For the purpos of d termining compliance to this Section, Table 16.4-17 A shall be used to determine intersection cross-corner visibility . 4. Fences shall be kept in good repair. Any damaged or dangerous fence shall be removed or repaired when so ordered by the Director of Community Development or his/her designee. e. Fences in industrial distric ts shall conform to the following requirements. 1. Fences erected in front of th buildinR lin shall be of Class 1, 2, 3, 4, or 5 and shall not exceed a height of six (6) feet. 2. Sid and rear yard fences shall not exceed a height of twelve (12) feet and may be of Class 1, 2, 3, 4, or 5 construction. 3. Barbed wire or similar materials may b used at a height of not less than six (6) feet above grade. 4. For reRulations regarding required screening , fences, or walls, see Section 16.4-13 1 and 16.4-14 k. 5. No f nee, retaining wall or similar obstruction shall be erected or maintained which obstructs traffic vision at street intersections. 6. For th purpose of determining the compliance to this Section, Table 16.4-17 A shall be used t o det rmfne intersec tion c r oss-corner visibilit such d termination shall b mad by th Traffic Engineer. Fences shall be kept in good repair. Any damag d or dangerous fence shall be removed or repaired when so ordered by the Director of Community Development or his/her desi.gnee • • I • • ...... • • • • • .. .. -3- 7. The height of materials or equipment being stored shall not exceed the height of the required screening fence or wall. f. Building permit required. lt shall be unlawful to commence the construction of any fence or retaining wall unless or until a permit has been issued therefor. 1. Application for permit. Application for a permit to install a fence or retaining wall shall be made to the Department of Community Development on forms provided therefor. 2. Requirements for permits. Each application for a permit to construct a fence or retaining wall shall be in writing and shall be accompanied by two (2) copies of a site plan drawn to scale, giving adequate information as to the street address of the property on which the fence or retaining wall is to be installed, the location of the fence or retaining wall on the property, the class of fence, the height of the fence or retaining wall, the materials to be used, 3. and such other data and information as may be required by the Department to clarify the request. In addition, fences over six (6) feet in height and retaining walls shall comply with the requirements of the Uniform Building Code. Issuance of permit. If tre proposed fence or retaining wall as set forth in the application is in conformity with the provisions of the ordinance and other ordinances of the City of Englewood, a permit shall be issued. 4. Disapproval of a permit. If th application for the permit is not approved, the applicant shall be given a written statement detailing th reasons for such disapproval. I • • • • • • • • • TABLE 16 .4-17 A In maintaining safe traffic vision at street intersections, the following meaaureaenta shall be used. Any fence located in the sight distance tri- angle shall be approved by the Traffic Engineer. Intersection Sight Distance Type of Inter-Minimum Req u ired Intersection section S2eed M.P .H. Si&ht Distance Minor Street a) Minor Street/b) Major Street with a Major Street 20 15' I 200' 25 15' I 250' 30 15' I 300' 35 15' I 350 ' 40 15' I 400' 45 15' I 450' 50 15' I 500' Note: If the intersecting streets have the same classification on the Master Street Plan, the "Avenue" side shall be considered the minor street and the "Street" aide ahall be treated as the aajor street. Major Street '-300' -' For 30 mph b -300' fr0111 _15' curb line of intersecting '• Minor street. Street a • 15' from curb line of intersecting street. • I • • - • • • • • - LANDSCAPE ORDINANCE (A Section of the Comprehensive Zoning Ordinance) Section 16.4-18 Lands ca pe nrdinance 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 industrial areas of Englewood. It is to this end that the following goals are set forth and the regulations in this section are deemed necessary: (1) To create an attractive environment for living, doing business and working in the City of Englewood, and to provide relief from the high concentration of off-street paved parking areas along local, arterial, and collector streets. (2) To encourage a quality design building concept and to require a design that contributes to context, that enhances or complements what exists, that recognizes the street or site as important, and relates structures to human scale. (3) To promote a compatibility between industrial use s and adjacent residential districts • (4) To require any new development or any c hange in use in any residential , comme rcial or industrial area to be landscaped and to require that the landscaping be maintained. (5) To promote the installation of drought-tolerant plants and low- maintenanc landscaping wherever applicable. b. Applicability of Ordinance Standards. (1) These regulations shall apply to any change of use, to any development, or to any property on which the principal building is remodeled, which remodeling cost is equal to or exceeds 50% of the estimated market value of th property, in the following districts: (a) R sidential Districts: R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S., R-3 , and R-4. (b) Comm rcial Districts: B-1 and B-2. (c) Industrial Districts: 1-1 and 1-2. (2) When, b caus of the characteristics of the land or the location of existing structures, it is not physically possible or feasible to provide for lands c apin g on the site, the property owner shall d posit ~% of th value of th co nstruction in the Englewood Land scape and Fine Art Fund. This fund shall be used for beautifi- cation of publi c areas as determined by the legislative body • • I • • • • • • • • • .. .. -2- c. Minimum Landscaping Requirements . (1) All Districts: (a) At the time of application for a buildinR permit, there shall be included a landscape plan in sufficient detail to determine compliance with the Landscape Ordinance. (b) The Lands c aping Plan shall be reviewed by the Planning Division, and if the proposed landscaping complies with the requirements 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. However, if all conditions necessary for issuance of a Certificate of Occupancy are met except landscape improvements, and the reason for not finishing the landscape improvements is because completion of construction occurred outside of a planting season, a Temporary Certificate of Occupancy will be issued. In this situation, all landscape improvements must be completed by the next planting season within a time frame established by the Director. (c) No artificial trees, shrubs, turf or plants or other non- living plant materials shall be used to fulfill the minimum living plant material requirements as set forth in this section . (d) All lands ca ping contained within the public right-of-way shall conform to installation and maintenance standards of the City of Englewood Tree and Shrub Ordinance. (e) In all zone distri cts the street tree requirements are in addition to the requirements for minimum living plant material. (f) The Department of Community Development shall provide a recommended planting guide with information on appropriate types of trees and plants for given areas along with instructions for proper installation and maintenance of landscaping. (g) In areas critical to pedestrian and vehicular traffic, shrubs and other plants must be installed and maintained t o provide clear visibility as determined by the Traffic Engineer. (2) Individual Districts: (a) R-1-A, R-1-B, R-1-C Zon Districts. • I • • • • • ' • • • .. -3- (1) A minimum of 40 % of the total lot area shall be landscaped . (2) 40% of the total landscaped area shall be in the area described as the front yard, inclusive of any driveway area. (3) 90% 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. (4) One street tree is required per 40 linear feet of frontage and is to be located a minimum of 5 feet behind the sidewalk. (b) R-2, R-2-C, R-2-C/S.P.S. Zone Districts: (1) A minimum of 40 % of the total lot area shall be landscaped. (2) 40% of the total landscaped area shall be in the area described as the front yard, inclusive of any driveway area. (3) 90% 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 • (4) On e street tree is required pe r 40 linea r fe e t o f f r o ntage and is to be located a minimum of 5 feet behind the side wa lk. (c) R-3 District: (1) A minimum of 25 % of total lot area shall be landsc aped. (2) 40% of the total landscaped area shall be in the area described as the front yard inclusive of the drivewa y area. (3) 50% of the area required to be landscaped shall be devoted to living plant materials at their antic ipated size at maturit y as defined in the planting guide. (4) On street tree is required per 40 linear feet of fronta g e and is t o be loc ated a minimum of 5 feet b e hind the sid - walk. (d) R-4 District: (e) (1) Minimum lands c aping for residential properties same as R-2. (2) Minimum landscaping for professional properties same as R-3. B-1, B-2, I-1, and 1-2 Districts: • I • ....... • • • ( • • • .. -4- (1) Minimum of 107. of total lot area must be landscaped. (2) 50 % of the area required to be landsca ped shall be devoted to living plant materials. (3) One street tree is required per 40 linear feet to be located a minimum of five (5) feet from any paved surface. d. Parking Design Requirement s: All Zone Di stri cts . (1) If proposed const ru ction of free-standing off-street parking areas contain 50 or mo r e stalls, 10 % of the total parking lot area shall be landscaped with 15 % of that area to include living plant materials. (2) Th e 25 % living plant material shall include a minimum of one tree per 50 sq uare feet. (3) In addition to the 10% requirement in e. (1) above, parking areas that are adjacent to streets shall meet these requirements: (a) (b) A buffer zone shall be located between the back of the sidewalk or the st reet curb line if there is no sidewalk, and the parking area, and shall not be less than 5 feet in width as m asured from the bac k of the si dewalk or the street curb line. This area shall be landscaped . Street trees shall b e planted i n the buffer zone at the rate of one per 40 linear feet. Street trees planted in th e buffer zan may b credited toward the tree requirement in s c t1 o n (2) abov . (4) B cause th se areas are critical to pedestrian and vehicular traffic, shrubs and other plants must be installed and maintained to provide clear visibility as determined by the Traffic Engineer. e. Maint enance. (1) The owner of the property, his successors, heirs and assigns shall b r sponsibl for the proper maintenance of the area subject to an spprov d landsca ping plan. (2) Lands capi ng shall be continuously maintained including necessary wat rin , w ding, pruning, p st control and replacement of dead or di as d pl nt material. Replacement for dead or diseased plant mat r! 1 hall be of the am t pe of plant material as s t forth in th approv d land scaping plan; for example, a tr e must r eplace a tr , a shrub mu t r place a shrub, a ground cov r must replac (3) a ground over, tc. Repla cem nt shall occur in the next planting season, but in any vent , suc h replacement time shall not exceed on (1) year . Any re placement which conforms to the r quirements of this section shall not be onsidered an amendment to the landscaping plan. Failur to provide adequate maintenance resulting in the deteri ora tion of tre s , shrubs or other living plant material v1olat s the objectives of this ordinance, and the City Manag e r or hi s designee shall have • I • • • • • • • • • .. -5- the property posted giving appropriate noti ce of the violation of this ordinance and setting forth that the viola tion must be corrected within five (5) days of the posting of the notice . If the nature of the violation makes it imprac tical to correct within five (5) days, the owner shall submit a letter of intent to correct to the City Manager and shall correct the violation in the next planting season. Failure to reasonably comply with this ordinance, either after filing a letter of intent or without filing auch a letter, can lead to action being taken in accordance with E.M.C. , 1-1-20, as amended • • I • • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 30 1985 AGENDA ITEM \ \ G SUBJECT Amendmen t to Title 6-5-1 (c) of the E .M.C. '69, as amended , r ede fining "De r elict Vehicle ." INITIATED BY Departme nt of Community D v l o pm e n t ACTION PROPOSED Adopt an Ordinanc Am nding the definition Title 6-5-1 (c) of the E .M.C ., '69, as amended . INTRODUCTION AND BACKGROUND. One of th most frequent complaints r e ived by the City from r esidents involves the parking o r sto r ag of vehicles on str ets , alleys or private property which in the o pinion of the resid ent , are no n-o perable and shou ld be cau sed to b removed. This would be addressed under the Litter , W ds, Dereli t Vehicles and Hobby Vehicles Ordi - n a n ce , Tit! 6 , Chapter 5 of the 1969 Englewood Munidpal Co d . TI1e Code Enf o r c ement Offi ce r s ar hinder ed in r quiring the r emoval of th v hicl es in some instances simp ly b ecause of the dcfinit lon of "d er !let vehicle." The p r esent definition states: "Derelict v hicl " shall m an a ny v hi le, THE OWNER OF WHICH CANNOT READILY BE FOU D, not capable of being legally op rat d o n the public st re ets under the motor vehicle laws of the State o f Colo rad o . It shall include all v hlcles missing whe ls , mi ssing or brok n windows and/or windshield . 1 shall n ot include those vehicles whose only d fi ci n cy isla k o f a curr nt licens pla or safe ty s ti cker a nd those vehi c les in process of or that have be n mod iff ed as hobby type vehicles." (Emphasis added.) The own e r of the vehicl whi h i s on private property, and usually on th stre t, i"' known and "c n b readily found", so th Cod En fore men Officer cannot impose the regulations found in Tltl s 6-5-30 and 6-5-31 . Title 6-5-30: VEHICLES IN RES IDENTIAL ZO. FS. "No p rson who liv s in a residentially z ned district shall keep a ho bb y o r d r li c t vehicl , under onstruction or not, unless It is stored in a fully enclosed gara R o r similar structur . A person may store the v hl.cl in a arport o r op n ar a if h keeps th vehicl • and its parts cov red wl th a canvas or other o paque covering. St o r or covering is not r ~uir d when th• vehicle is actually being work don. "No person shalt build , store, or maintain more than o n e d rel ict or hobby vehicl out- s id e a fully enclosed garag at ach residence in the City. "No person shall store or work on any hobby or derelict v hi cl within his residenc required front yard or any adjacent rights of way." • I • • • • .. - -2- Title 6-5-31: VEHICLES IN BUSINES S ZONES . "N o pe r son shall keep a hobby or de r el i c t vehicle in a business zoned d l st ri c t unles s it is stored in a fully e n clos e d structure o r behi n d th e prin c ipal s tr uc ture in an area screen ed from view of adjace nt properties a nd public right s of wa y . "No person who principally uses as a r es id ne e property in bus in es zones shall keep more than one hobby o r derelict vehicl e on th e property." I n an effort to co rrect this s ituatio n, it i s propo sed that th e d fini t l on of "Derelict Vehicle" be revised as follow s : Title 6-5-1 (c ): Derelict vehi cle shall mean any vehicl whi ch i s wr eck ed , damaged , or substantially dismantled to the extent that such vehi cle is inoperable o r is incapa- ble of being moved und e r its own power. It shall inc lude all vehicles missing wh e ls. It shall not include those vehicles wh ose o nly deficien c y i s lack o f a c urr ent license place or e missions s t icke r, and those vehicles in th e process o f be ing mo di f i e d o r that have been modifi e d as hobby type vehicles. RECOMMENDATION: It is r ecommend ed that the City Cou n c il approve the Cou n cil Bill No . 42 o n first reading to amend Title 6-5-1 (c) by r e pealing the present definition of "D e r elict Vehicle" a nd adopting a new definition whi c h will clarify the intent of th e Ordinance a nd facilitate e nf orcemen t . SUGGESTED ACTION: MOVED BY ____________________________ __ SECOND ______________________________ __ YES _____________ N,Q ____________ ~BSENT __________________________ _ , I • • • ORDINAOCE 00, SERIES OF 198_5_ .. • • - BY AUTHORITY A BILL FOR COUNciL BILL 00. 42 ~~~BY_.'~XJOCIL ~ER-+~~~~~- AN ORDINNCE AMENDING TITLE VI, OIAPI'ER 5, SFri'ION 1, CF 1liE m>I..~ I'I.JNICIPAL CODE '69, AS liMENDED, TO REDEFINE 1liE TERM "DERELICT VEHICLE." WHEREAS, City Council previously passed Ordinance No. 75, Series of 1981, relating to control of items of debris, including derelict vehicles; and WHEREAS, the present definition of derelict vehicles makes it difficult for the Code Enforcement Officers to enforce the provi- sions of this section relative to inoperable vehicles; NOW, 'lliEREFoRE, BE IT ORDAINED BY 1liE CITY CXlUNCIL OF 'lliE CITY OF m>L~, COLORADO, as follows: Section 1. That Title VI, Chapter 5, Section 1(c), of the Englewood l'tlmcipal Code '69, as cnended, is hereby amended as follows: 6-5-1: DEFINITIONS (c) "Derelict vehicle" shall mean any vehicle, ~ ewRel' ei wAWR _,._, MMUy 1M! Mi~Rii.,. ~ NPArt~ H ll&i-R4J ...,_Uy epeuwa 8fl ._ pwltUe MHe•lil IIAiiet: ---Mt: whi-e~ Hw& ei ._ IOWw. .. IINU W..l-...ae aU wH!i-e~ fi&ai-A4J lolheel-s.,. M&ai-A~J H itNMA wiAiie~ aAiifH wi-AIIaAi-eW WfiCH IS WIID:KID, J:W1AGED, OR SUBsTANTIALLY DISMANTLED TO 1liE EXTEm' 'lliAT SUCH VDHCLE IS IOOPERABLE OR IS ltcAI>ABLE OF BEl~ ~.~ER ITS CWN POWER, IT SHALL ItCLUDE ALL VEHICLES MISSINGA*E-~. It shall not include those vehicles whose only deficiency is lack of a current license plate or &a'-~ EMISSIONS sticker and those vehicles in the process of BEING M:X>IFIED or that have been modified as hobby type vehicles. Introduced, read in full, and passed on first reading on the 3rd day of June, 1985. • I • • • • • • 1985. Published as a Bill for an Ordinance on the 5th day of June, Attest: ~ene L. Otl s, Mayor ex offtcio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of in;Jlewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of June, 1985. Gary R. H1gbee [ I • ·' • • • - C 0 U N C I L C 0 M M U N l C A T I 0 N DATE June 3, 1985 AGENDA ITEM SU BJE CT Amending 1984 Bud g t: INITIATED BY Gary tJjghce . Director of Fin nee ACTION PROPOSED Passage of a resolution amending the 1984 Budg t REOM1ENDATION : Approve the following funds /d partmen s 198 4 budge amendments as follows: (a) Co nserva ion Trus (Lottery Fund - h ransfer of $75 ,4 31 .37 from this fund to th 1984 PIF Fund. (b) Gol f Cours Fund -increase he 198 4 Golf COurse fund by $30 ,000 . (C) General Fund (Administra ion) Bud increase th i s budg by $15,557. (d ) General Fund (Library ) Department Budge increase budg t by $298 . (e) General Fund (Fire) Departmen Budg increase budge by $60 ,816. BACKGROUND: Annually, wh en Ci y staff assembles h ensuing years budge and Council passes an ordinance adop ing and ppropriating funds for next year s budget , a r view is mall of h curren y ars budg , bu a tha time no official revision of th curren y ar bud 1s made. 'nle following is the background concerning the various chang s ing recarmended for Council's action: (a) Conservation Trust(Lo ery Fund -during the 1984 budget year Council authoriz cons rvation trust funds o be expended on 3 projects . 'n1 se projects wer es abli shed and constructed within the public int>rovement fund , bu wi h no formal process of authorizing th transfering of conservation rust funds into the PIF Fund for the purposes of funding these projects . Passag of the propos resolution attached will accomplish this task • • I • - • (' • • • • (b) Golf Course Fund -during the 1984 budget year, Council authorized City staff to improve the drainage on the Englewood Golf Course. Council's direction to staff was to try and cover the drainage construction cost within the current authorized Golf Course budge if possible . Englewood staff was able to cover approximately $17,000 of the project cost within its operational budget, but at this time , the proposed resolution would increase 1984 Golf Course budget by $30 ,000. (c) General Fund Budget -Council is being asked to increase the 1984 budget by $76 ,671. Attached is a year-end reconciliation of the 1984 General Fund budget. Per the attactment, the authorized operating budget for 1984 was $16,023,155. The actual operating expenses for 1984 were $15,854,810 or $168,345 below the authorized budget. Although the t otal operating e xpen ses were below the authorized operational budget, by City ordinance, departments a r e held to their approved appropriated budget as reflected on the enclosed General Fund report. At this time, City staff is recommending that Council i nc r ease the following General Fund departmental budgets: i . Adm inistration -although Admin i strati on was over its authorized 198 4 budget by $15 ,557 , i was under the revised estimate budget as reflected in the 1985 budget dOC\.Illen t . ii. Library -the Library Departmen t exceeded its authorized 198 4 budget by $298, but is under its rev ised estimated budget as reflected in the 1985 budget document by $3,762 . iii . Fire Department -Fire Department is over its 1984 budget by $60,816 and over its revised estimate budget as reflected in the 1985 budg et document by $27,142. The reason the Fire Department exceeded its revised estimated budget was due to increased expenses incurred at the Engelwood Servicenter wh ich were recov red from the various departments ope rating vehicles throughout the City • • I • • Resolution No. ~~ Series of 1985 A Resolution Amend ing he 198 4 Budge • • • • WHEREAS th City Council of h Ci y of Englewood, Colorado, desires o make certain chang s o he 1984 Budget; NCM THEREFORE, BE IT RESOLVED , by th City Council of the City of Englewood, Color do , as follows: Section 1. That the budg of the Ci y of Englewood, Colorado , for the fiscal year be increased as follows . Section 2. Source of Funds Conservation Trus /Lottery Golf Course Fund Balance General Fund Balance Total Application of Funds Public Improvement Fund Golf Course -Drainage Projec General Fund -Fire General Fund -Mninistr tion General Fund -Library Total $ $ $ $ 75 ,4 31.37 30,000.00 76 ,671.00 182 ,102 .37 ::a::z::z:::::::=== 75 ,4 31.37 30,000 .00 60 ,816.00 15,557 .00 298 .00 182 ,102.37 ::::::::::::::== Section 3. Th Ci y Manag r and Director of Finance are hereby au horized to make th above changes o th 1984 budg of the Ci y of Englewood. ADOPTED AND APPROVED this __ day of--------' 1985. ATTEST: Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Color do, do hereby certify that the above nd foregoing is a true, accurate and complete copy of Resolution No. , Series of 1985. Gary R. Hlgbee • I • • • - Gl:NI':RAL 1"\MJ 198 4 P'IJII) MLAIC!: RPvi S<!d OV..r I ( Urdt>r ) l!ur:l<}<" 1\ctua I l!ur:l<}<" RPvi&ed ~4 ~ ~r£:(Urdl!r! ~ l"urd Ba lef'ICO@ , J anua ry S I , 299,978 s 1,680.197 s 80,819 s 1.299,978 s 80,819 --------------------------------------PLUS: ~ Sal" /UIIe Tax 10,605 ,000 11,381 , 3 n6,1S 10,605 ,000 77 • 35) Property Tex 916,4 55 910,229 (6 , 226) 916 ,4 55 (6,226) PYanch lae/Occup/Ciq . '!'a• 1, 88 3 ,950 1,909, 779 25,829 1 ,883,950 25 ,829 Li 01!084!/Perrn i t s 276,000 382 ,368 10 • 68 276,000 106 ,268 lnterqover.....,ntal Transfer 658,1 51 661 ,319 3 ,1 8 58 ,1 51 3,168 Olar9"ff for Services 569.168 921,261 122,227 917,434 3 ,827 CUI ural • Rlecreat ion 229,866 Fines • Forfeitures 29 6 ,500 2 7 ,031 ( 9 ,4 69) 296 ,500 (39 ,4 9) Hi see llaneous 365,297 482 ,14 5 116,848 246,897 235 ,24 8 ------------------------------------------Tota 1 llevt!nues $15,800,387 $16,905,485 s 1.105,098 $15,800,387 s 1,105 ,098 -········· ··········· -········· ........... ····•······· Transfer PYa. Other l"urds Revenue Sha t1 nq s 600,000 $ 77 ,600 $ (22, 400) s 616,52 5 s (22,400 ) Pub! I c l""ro vement P\Jnd I ,525 16,52 -----------------------------------------Total Revenues ard Transfers 16,400 , 87 11 ,499, 10 1,099 ,223 16,416,912 1,082,698 --·------------------------------------------P\Jnda Ava Hable $17,700 ,36 5 $19,180,407 s 1,480,042 Sl1, 716, 890 s 1,463 ,517 -········· -····-··· -········· -········· ........... GDIERAL P'IJII) 1984 P'IJII) MLAIC!: (o::»rr' I NUID ) RPv i!H!d ~r/(Urder) Buclqet Actual Buclqe RPv I S<!d 1984 ~ ~r£:!Urdet! 198 4 Budge LESS : ~rditur es L<!g isle tion s 177,238 154,4 31 $ (22,801) 174.9 2 (20, 526) City Attorney 232,502 24 5,168 12,666 261,551 (16 ,383) "'nicipel Court 288,04 7 276,783 (11 ,264) 29 3 ,863 (17,080) Mllinlstration 1 ,658 ,402 1,673,959 15 ,557 1,673,959 Enq I neeri nq rvic:oH 316,426 315,776 (650) 310,694 5,082 Public Works 2,530,674 2,518,7 0 (11 ,944) 2,523,98) (5,2 3) Fir~ 3 ,128,1 55 3,188,969 60,814 3,161 ,827 27,142 • POll 4 ,141,6 0 4,132 ,1 80 (9,4PO) 4 ,155,54 2 (2), £2) Camf.lni y vel 720,712 609,087 (111,625) 686,864 (72 , 777) Library 588,011 588,309 298 592,071 (3,7 2 ) Path ' Recteetlon 2,241,328 2,151,4 12 (89,916) 2,192,284 (40 , 877) ------------------------___ .,. ____ -------To al ~ntlon $16,023,155 $15,854,810 $ (168, 345) $16.022 .606 s (l 7 ,79 ) -········· -········· ........... ··•····••··· ·········· Bencltmork Ttftns. to Other l"urda $ 575,000 s 1,132,300 s 1 ,1 57 ,300 $ 1,132, 300 s I • ------------------------------------------To tal ~itur~s 16,598,155 11 ,587 ,110 988,955 11,754,906 1167,796) • --------------------------------------------P\.lnd 8a lance, J:l@cenber 31 s 1,102,210 S I, 593 ,297 $ 491,087 s (38,016) $1,631,313 -········· -········· ·-········ ··········· .......... • • • • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Amendment t o Title 14-2-2 E .M.C SUBJECT '69, as am nd d , Restri ct ions on Sp cial Mob ile Equ ipment , Trail rs, T ru e AGE NDA ITEM ,,~ 29 1985 INITIATED BY Po lice Department ACT ION PROPOSED Ad opt th e Bill on first reading amending T it le 14-2-2 o f the E .M.C . '69 as amended to cla rif weight restrictions of special mobile equipm nt, trailer s , ial INTRODUCTION AND BACKGROUND: The Police Department ha s had di ffi cu lty in enforcing weight r est ric tion s imp osed in Title 14 -2-2 of the En g ! ew ood Muni cipa l Cod be a u se those r est ri ct i o n s are based o n th e "ma n ufactur e r 's r a t d ca p ac ity" and ther e is n o ef f ec tiv e way o f r ecog ni zing o r verifyin g the "manufa c ture r 's rat e d ca pa c ! y" of a parti cula r truck, vehicl , o r piece of mobile equipment ln the field. Without be ing able to confirm th e we i ght o f the partic ular unit, th e summ ns ca nnot always be s ubstanti t d in Cou rt, and nf or m nt is impaired . This has heen a particular problem in the case of the Cinder ell Ci y parking st ru cture, whi c h b a maximum weight limit and also wh n re spondin o c itizen compla int s about comm r cin l v hicl s parked in r esidentia l neighborhood • It is n c ssary to mor cle rly d fine the max imum we ight llmt in ord r that the o r dinan ce c n b enforr d in a con istent ma nn e r, a nd pollee offlrer~ can wrl urn- ma n ses whi h an b uph ld ln Court , 1f necessa ry . It is propos d tha Titl 14-2-2 bE' amended to establish "empt y w is.>ht" o r "C .W.T." as set forth under the "C.W .T." section of the r.o lorado D partm nr of '"1 o t o r Ve hicle Registration , as th maximum weight standard . ThE' C,W,T, 1 on th o wn r'. reg! trati form, and it c n be as i ly checked through th State 1f th own r i not re dl ly availabl . TI1 Ordinonc can th n be consist ntly and eff c iv lv nforc d . It is proposed hat ,000 lbs (60 C.W.T.) b the maximum w ht for nv v hic-1 stopped , standing , or parked in xcess of four (4} hour s o n any str et, hi .h way, lley or other public way in the City unless being xpeditinu ly loaded o r unload d. It lq also r ecommend d that r est ric:tl.o ns b placed on trucks used to tran rt h z rdous substances. RECOMMENDATION: It is recommended that Titl 14-2-2 o f th E .M.C . '69 , as amended, be amended as follows: 14-2-2: RESTRICTIONS OF SPECIAL MOBILE EQUIPMENT , TRAIJ.F.RS , TRUCKS AND COM!-IF.RriAI. VEHICLES. • • • I • • • • • - -2- a . It shall b e unlawful f o r th e o p t•rato r o r o wn er o f an au t omoh i le transpo r t trailer, moving van, tran s lt -m l x-con r r vte tru c k, trail e r, scm itrail r o r truck with 1!16A"f:at>f"+'<'F!,. +'att'tl t'IIJ'aeH;y '"" eKt'e s ef ""e !lf\d ""e-h!ll-f H-:lf:!t teM A EMI'TY WEI CHT I f.XCESS OF 6 ,000 LB S . (60 C .W.T .) o r sp•c l al mobile quipm e nt t o stop , sta nd o r p a rk suc h vehic le o r t o c au se such vehic l e to be stopped, stood ur p.•rk(•d o n any st r ct o r highwa y , all y o r o th e r publlc way within the C lt y f o 1 ·' lll'rlod in excess o f four (4) hours at any ti me , ex- ce pt wh n sut'h V('h l c l(• Is be in g exped iti o usly l oa d ed o r unloaded o r surh mob l.l e quipment is helng u •wd t o p rfo r m the s p ec i a l o perations f o r which it was designed. b . Tank truc ks, tank trail e r s , tank s mitrail r o r 0111ER TRUCK USED TO TRANSPORT HAZARDOUS S UB STA CES s h a ll not p ark upon th e st r eets , alleys o r publi c o r privat pla ces wl thin thE> C i ·y exr ept when e ntirely em pty and th n o nly f o r a p riod n o t x c (•d ing o n (I) h o ur. No CARGO AREA OR tank o f such ve hi c l es shall be repair e d excep t wh e n comp l e t e l y em pty o f flammabl e liquids OR HAZARDOU S SUBSTANCES and o nl y a ft r b lng th o r o u g hly steam d o r wa shed t o r e- move all exp l os iv e vapo r s . No tank tru k, tank sem itraller o r trank trailer used for trans po rting liqu e fl d p tro l eum o r gas , whether l oad d o r emp t y , OR ANY TRUCK CARRYl NG HA ZARDOUS SU BSTAN CES s h al l b park ed o r all o wed t o r emai n upo n th e st r e t s , alleys o r o th r public pro perty o r u po n any privat e p r o perty within th City , excep t wh n actua ll y e n gaged in fillin g sto ra ge tanks o r while und r r e pair. d . Jt s hall be unlawful f o r th p e rato r o r o wn e r o f any auto mobile , bus , tran s - port, trailer, movin g van , trans i -m ix con c r • tru c k, trailer, sem itra il e r, truck trailer o r tru ck wh ose l!lft~~fllt't~~eF~a Pll~ed ellp!le~~y fa '" t'Kr eaa ~~ likFee-+e .. nks H,£41 """ EHPT Y WEIGHT !S 1 EXCES S OF 6 ,000 LBS . (60 C .W.T.) or s pe cial e quipm e nt, as defined h r ln, t o stop , stand o r pa rk s u ch vehi l o r to c ause s urh veh i 1 e t o he stopped , s t ood or parked in any r es i dcn t i ally zon d area of th City and o n a ny st r et adjacent to sa i d r es i den tia ll y zon d area o f said Cit y at any time, exce pt wh e n suc h v hi c l i s b Jn g x p ed itl o u q ly load d or unl o aded o r such rnohlle e qulpm nt is being us d t o pe rf o r m th special o pe ra i o n f o r whi c h it wa s design ed , o n a n y s tr t o r highw y , a ll ey o r o ther publi c wa y wit hin th Ci t y o f En g lewood . 1'h t rm o r phr.1se "S p •c ial mobil' e quipment" s hall, f o r h e purposp n f hi c hapt e r, mean and co n s i s o f vehicles , se lf-pro pell d or othe rwi se , desll(ned primarily fo r ope ratio n o r use n n o r of f th e str e ts and hlghwnys. This definition shall inc lude bv wa y of exnmpl , h ut not by wa y nf limitation, snowpl o ws , r oad con trurtion or maintl•na n ce l'quipmen , d it ch digging o r l'X- c avating apparatus , well dr lllin• u r bo rin • equlpmen , firc-fi•hting Pqulp- ment nd v e hi clea designed o trn nspor t e qu!p m('nt and vehi c les us d In ron- ne ti on wit h o r f or th e r epai r and maintenan ce of con struc ti on o r main ••nnnce e quipme nt t empo raril y o r p rman e ntl y mount do n s u h v ehir l l's , p r ovided that s u ch quipment I s transportl'd frnm yard to joh , job t o joh t •> job t•> ya rd, .1 n d equipment primarily designed f o r hoist ing , li f ting , movi n g , I n d ing o r d i gg i ng operations. The f o r egoing def lnit !o n I s partial a nd hall not includ • othe r vehi c l s of unusual d es i g n, s i ze o r sha p e hat a r design d primarily f o r pur - pos es other th a n transporting ml'r hand !s o r passeng r s . e . EMPTY WEIGHT MEA S TilE lo/EI GIIT OF ANY ~IOTOR VI11 1CLE OR TRAil ER OR ANY CO Ml\l A- TION THEREOF, INCLUDING Tllr OPI.RATlNG BOOY AND ACCF.SSO RI F.S ROU, DF.D TO TIIF. NEAREST HUNDR ED WEIGHT AS SET FORTI! UNDER TilE "C .lLT ." SECTION OF TII F COI.ORAOO DEPARTMENT MOTOR VEIITCU' REI. IS rRATION OR COMPARAB LE VE HlCI.F RF.\.ISTRATlON OF I • • • • - -3- 011{ER STATES . ANY MOTOR VEHICLE SOLELY OWNED BY A COLORADO GOVERNMENTAL AGENCY (STATE , COUNTY , OR MUNICIPALITY) IS EXEMPT FROM THIS ORDINANCE. SUGGESTED ACTION: MOVED BY I • • ( SECOND YES NO _ABSENT • - • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198_5_ COUNCIL BI LL NO. 39 INTRODUCID fi. COU~'-K;IL I'ID1BER U A BILL FOR AN ORDINANC E AMENDING TITLE XIV, CHAPTER 2, SEX:TION 2 , OF THE ENGLE\oK)()D MUNI CIPAL CODE OF 1969 , TO I'KlRE PROCISELY DEFINE CERTAIN VEHICLE PARKING RESTRIC'rlONS. WHEREAS, it is deemed necessary by the Englewood City Council to establish an objective crit ria to prohibit by weight certain vehicles parking in residential areas . NCM THEREFORE, BE IT ORDAINID BY TH E CITY COUNCIL OF THE CITY OF ENGLE\oK)()D, COLORADO: Section 1. That Title XIV, Chapter 2, Section 2, of E.M.C.'69 , as amended, is he reby amended to relld as follows : 14-2-2: RESTRICTIONS OF SPECIAL MOBILE EQUIPMENT , TRAILERS , TRUCKS AND c:otflERClAL VEHICLES a. It shall be unlawful for the operator or owner of an automobile transport trailer, moving van, transit-mix-concrete truck , trailer , semitrailer or truck with MaR~fae~~~e~~s .a~ee eapaei~y ~-e~ss &i 8Ae aRii &Re-RaU fl-lfO!t lieR& AN EMPTY WEIGHT IN EXCESS OF 6 ,000 LBS. (60 C.W.T.) or special mob i le equipment to s op , stand or park such vehicle or to caus such vehicle to be stopped, stood or parked on a ny str t or highway, alley or other public way w1 hin the City for a riod 1n excess of four (4) hours at any time, except when such veh icle is being expeditiously lo ded or unloaded or such mobJle equipment is being used to perform the special opera tions for which it was d signed . b. Tank trucks, tank trailers, nk sem 1tr ilier OR OTHER TRUCK USID TO TRANSPORT HAZARDOUS SUBSTA ES shall not park upon the str ts, alleys or publ1c or pr1v te pl ces within the City except when entirely emp ty and th n only for a period not exceeding one (1) hour . No CARGO AREA OR tank of such v hicles shall be repaired exc pt wh n compl tely empty of flammable liquids OR HAZARDOUS SUBSTAOCES and only after being thoroughly steamed or washed to remove all explosiv vapors. No tank truck, tank semitrailer or tank trailer used for 1 • I • • • • • - transporting liquefied petroleum or gas, wheth r loaded or enpty, OR ANY TRUCK CARRYING HAZAROOUS SUBSTAICES shall be parked or allowed to remain upon the streets, alleys or other public property or upon any private property within the City, except when actually engaged in filling storag tanks or while under repair. c. It shall be unlawful for the operator or owner of any automobile , bus, transport, trailer, moving van, transit~ix concret truck, trailer, senitrailer, truck trailer or truck wh ose ~Rw~ae~w~~~s ~~ eapae*~Y *" H\ etteess ~ .Rifee-~&wlf~R& f314t MR EMPTY WEIGHT IS IN EXCESS OF 6 ,000 lbs. (60 C.W .T.) or special equipment, as defined herein , to stop, stand or park such vehicle or to caus such vehicle to be stopped, stood or parked in any residentially zoned area of the City and on any street adjacent to said residentially zoned area of said City at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the a pecial operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. d. The term or phrase "Special mobile equipment" shall , for the purpose of this chapter , mean and consist of vehicles, self-propelled or otherwise, designed primarily for operation or use on or off the streets and highways. This definition shall include by way of example , but not by way of limitation, snowplows , road construction or ma1ntenance equipment , ditch digging or excavating appar tus , well drilling or boring equipment , fire-fighting equipment and vehicles d signed to transport equipment and vehicles used in conn tion with or for the repair and maint nance of construction or maintenance equipment temper rily or permanently mounted on such vehicl s, provided that such equipment is transported from yard to job, job to job to job to yard, and equipment primarily designed for hoisting, lifting, moving , loading or digging operations. The foregoing d finition is partial and shall not include other v hicles of unusu 1 design, size or sh pe that are d signed primarily for purposes other than tr nsporting merchandise or passeng rs. e. EMPTY WEIGHT MEANS THE WEIGHT OF ANY 11)TQR VEHICLE OR TRAILER OR ANY COMBINATION THEREOF , INCLUDING THE OPERATING BODY AND AO:ESSORIES ROUNDED ro THE NEAREST HUNDRED WEIGIT AS SET FORni UNDER 'mE "C.W.T." SOCTION OF THE COLORADO DEPAR'JlotENT 11)TQR VDHCLE RFX;ISTRATION OR COMPARABLE VDHCLE RFX;JSTRATION OF OI'HER STATES. ANY l'tYI'OR VEHICLE SOLELY OrmED BY A COLORADO OOVERNMEI'fl'AL 2 • I • - • • • • .. - AGEOC'i (SrATE, COUNTY, OR MUNICIPALITY) IS EXEMPT FRC\"1 THIS ORDINAOCE. Introduced, read in full, and passed on first reading on the 3rd day of June, 1985. 1985. Published as a Bill for an Ordinance on the 5th day of June, Attest: Eugene L. 0t1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of June, 1985. Gary R. H1gbee 3 • I • • ( • C 0 U N C I L DATE April 24, 1985 • • .. - C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT II Grant of Water Line Easement for Camden Place I located at W. Grand Ave. between S. Acoma INITIATED BY Eng l ewood Water & Se wer Bo ard ACTION PROPOSED _____ c_o~u_nc~l-·l __ a ~p~pr~o~v~a_l_o~f~t_h~e ~e~a~s_em~e~n~t~s ~ub~m~i~t~t~ed~b~y __________ __ Winley Homes, developer of Camden Place I BACKGROUND Winley Homes, the developer of Camden Place I , wishes to obtain an exte nsion of a public, 6" water main onto the proposed site to serve four buildings. The City, as part of its appro val of this proposal, has required that the owner dedicate an exclusive 20' wat er line easeme nt to the City. The purpose of the easement is to enable the eventual looping of the water line sou h to West Belleview Avenue. The land surrounding he property is also in Englewood. FINANCIAL DETAILS Non . RECOMMENDATION Council approval of the easement submitted by Winley Homes for Camden Place 1 located at We s t Grand Avenue b tw een Delaware and Acoma . • I - • ORDINI'.I-l:E 00. SERIES OF 198.--::5--- • • - BY AUTHORITY A BILL I"'R COUNCIL BILL 00. 31 I~BY COUNCIL I'ID1BER in AN ORDINAN:E APPRO\Tli'K: GRAm' OF WATER LINE FASEMDIT FOR CN1DEN PLACE ONE u:x:ATED AT W. ~ AVE. BE'IWEEN S • .IICO"\A AtoD S. DELAWARE STREETS IN 'mE CITY OF DG.!1fol000, COLORADO. WHEREAS, Winley Hanes, the developer of Cllm1en Place One, wishes to obtain an extension of a public 6-inch water main onto the p:oposed site to ~~erve four buildings; and WHEREAS, the City has required that the owner dedicate an exclusive 20-foot water line easement to the City to enable the eventual looping of the water line south to west Belleview Avenue; ~. 'mEREFORE, BE IT OROI'\INID BY 'mE CITY CXXJtCIL OF 'mE CITY OF ENGLD-JOJD, COLORADO, AS FOLLOWS: Section 1. City Council hereby approves the Grant of Waterl1ne Easement by Winley, Inc., ~ Colorado corporation, dba camden Hames, 5215 s. Beeler Ct., Englewood, Colorado 80111, in favor of the City of Englewood, Colorado, a copy of said Grant of Waterline Easement is attached hereto as A{llendix 1 and incorporated herein by reference. Section 2. City Council hereby authorizes the Mayor and ex officio Ctty Clerk-Treasurer to sign and attest said Grant of Waterline Easement on behalf of the City Council and the City of Englewood. Introduced, read in full, aro passed on first reading on the 1~n day of June , 1985. Published as a Bill for an ordinance on the 5th d a y of June, 1985. At est: Eugene L. Otts, Mayor ex offic1o Ctty Clerk-Treasurer • • I . ...... • • • ,. .. I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of June, 1 98 5 . Gary R. Higbee • I • • • • • .. GRANT OF WATERLINE EASEMENT THIS GRANT of a waterline easement (this "Grant") is made this day of , 1985 by WINLEY, INC., a Colorado corporation, dba CAMPDEN HOMES, ("Grantor"), whose address is 5215 South Beeler Ct., Englewood, Colorado 80111, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, co 80110; The parties covenant and agree as follows: 1. Easement Prolert~. The "Easement Property" shall mean the real property locatedn t e County of Arapahoe, State of Colorado, more particularly described as follows: A 20-foot strip for utility purposes lying 10 feet on each aide of the following described centerline: Commencing at the South 1/4 corner of Section 10, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Englewood County of Arapahoe, State of Colorado; thence S 89o 48' 36" W, a distance of 1016.66 feet; thence N OOo 29' 10" E, a distance of 220.00 feet to the Southeast corner of that tract of land known as Camden Place One; thence S 89o 48' 36" w along the South line of said Campden P lace One, a d istance of 82.64 feet to the true po i nt of beginning; thence N OOo 29' 10" E, a distance of 410.00 fe et to the po int of terminus; the abov e described parcel con tains 8,200 square feet (0.188 acres) more or less. 2. Consideration. As cons ideration f o r th is Grant , Grantee has pa id Grantor the sum of One Do llar (Sl .OO) and other g ood and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Waterline Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easemen t (the "Waterline Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the "Lines and Appurtenances", as hereinafter defined. The "Lines and App urtenances" shall mean one or more utility pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, vaults, ventilators, electric or other control systems, cables, wires and connections . -1- • I • • ( • • • .. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under thia Grant. 5. Restoration. Grantee agrees that after the construction, maintenance, repair, replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it vas in immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property vhich are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and und isturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent wit h and does not impair the rights granted to Grantee in this Grant. 9. Ab andonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Propertt, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grante shall have a reasonable period of time after said abandonment in whi c h to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easemen is abandoned by Grantee, Grantor shall have the right, at its sol option, to require Grantee -2- • I • • • • • •' .. to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title. Grantor warrants and represents that ·Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the Utilities Easement, and that this vrant of an easement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Bindin~ Effect. This Grant shall extend to and be binding upon theelrs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Waterline Easement the day and year first above written. ATTEST: Secretary STATE OF COLORADO ss. COUNTY OF ARAPAHOE GRANTOR: WINLEY, INC., a Colorado corporation d /b/a CAMDEN PLACE ONE By ~J~o-s_e_p~h~M~.~H~e~f7fTl_e_y ____ __ President Acknowledg ed before me this day of , 1985 by Joseph H. Heffley as President and as of Winley, Inc., d/b/a CamPden Place One. "Y Commission expires: -3- • No tary Publ1c Addres s: • I • • ( • ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer STAT! OF COLORADO COUNTY OF ARAPAHOE ss. • • .. GRANTEE: CITY OF ENGLEWOOD, COLORADO By~~~~~~~--~------Eugene L. Otis, Mayor Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio City-- Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: -4- • Notary Publ1c Address: 3400 S. E1ati Englewood, CO 80110 I . ( • • • .. .. 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"' P'AIItn. CONTAINS 1200 SO H 10 Ill ACitES ) ~ 0 a • • - :;.:.RMEL. PA.~!< . S.IDO!ViSIC-N CITY Of' ENGLEWOOD A I'[IIMAN£NT UT ILITY UlfM[NT SITVAT[O IN CAMO[N PLAC[ ()Ill[ IUeOIIIIIION, CITY 0' ~~~~:ggo, COUNTY ~ AIIAMH()[, ITAU ~ HALLMARK a ASSOCIATE S ,INC CONS Ut r1111 CNI I IiiiFIIS 3100 SO YM[M IT[, SUI T( G I O!:NVU , COLOUOO 80237 "'r••e>oor 15031 719 · 69 0 3 ------'--- • D I • •