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Home My WebLink About1984-04-16 (Regular) Meeting Agenda• • - City Council Meeting -Regular April 16, 1984 0 J • • • • '!!~~ ~ ..f.KP:1f', ICJ ~~K.P6£.;, • 0 0 • I . • - ( • • ( • • • • ~· _____ .._ ______ ..-.ill ......... _ 7:30 P.M. 1. ~ 2. ~~,6 ~ ~ 3. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 16, 1984 ~~~ Call t~o~~ invocation by Reve~n~-Bill Mantei, Centennial Lutheran Church, 3595 West Belleview Avenue, pledge of allegiance by Boy Scout Troop IllS and 1154, and roll call. (~ Minutes. (a) Minutes of the regular meeting of April 2, 1984. (Copies enclosed.) ~ ~-1-:;L Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) (b) (c) Mr. Clete Gasson, Chairman of the Downtown ~-O·I Development Authority, will be present.~~ ~Q'i'r-1{ He.. I bt...-... Ac;.si +-. s+(l~ (: (:" o..-c..s+l!..v-Repr~sentative~rom the Colorado State Forest Service will present the Tree City USA Award 6 .~-1 toc!~L;i ... t_Y ~ood. (Copies enclosed.)~---- Mr. Tom Machiorletti, Director of the Arapahoe Mental Health Center, will be present to discuss their services to our community. ~ :::___ Other Visitors.~. ~P:efs~~}t you~)Pre~~ntation to 5 minutes.)~~·-.;)Jrt ~.1~~- 4. Public Hearing. Communications -No Action Recommended. (a) Minutes of the Urban Renewal Authority meetings of March 7 and 14, 1984. (Copies enclosed.) • I • • ( ( • • • • Page 2 April 16, 1984 Agenda 5. Communications-No Action Recommended (Continued). (b) Minutes of the Planning and Zoning Commission meeting of March 20, 1984. (Copies enclosed.) (c) Memorandum from the Employee Relations Director to the City Manager concerning his attendance at the 1984 NEPELRA Conference in Clearwater, Florida. (Copies enclosed.) (d) Annual City Cleanup Schedule for May, 1984. (Copies enclosed.) ~()-f 6. Communications -Action Recommended. 7. (a) (b) (c) Council Communication from the Planning and Zoning Commission concerning an amendment /. _ O -l to I-1 zoning. (Copies enclosed.) ~ !f! Council Communication from the Water and Sewer Board concerning the infiltration/inflow level records. (Copies enclosed.) ~ fL:...1:i:: I Memorandum from the Police Chief to the City Manager concerning the Communications/Records Manager's at~endance at a law enforcement 6 -0 -/ computer sem1nar. (Copies enclosed.)~- City Attorney. Ordinances on Final Reading. (a) Ordinance approving an easement to South Suburban Metropolitan Recreational and Park District, a quasi-municipal corporation, for the Colorado Demonstraiion Trail. (Copies enclosed.)~~ Ordinance authorizing First Amendment to Agree- ment between the Cities of Littleton and Englewood, Colorado, for Joint Wastewater Treatment Facilities to jointly operate the Joint-Use Wastewater Treatment Facility. (Copies enclosed.) !?4-4..6-0-{ Ordinance approving an easement to South Suburban Metroplitan Recreation and Park District, a quasi-municipal corporation, for the Recreational Trail on South Platte River between Bates Avenue and Hampden Avenue. (Copies enclosed.) ~6-0 -/ • I • • - • • ( • • • • Page 3 April 16, 1984 Agenda City Attorney (Continued). (d) Ordinance amending Chapter 5, Title XV, Section 5, of the Englewood Municipal Code, 1969, as amended -Pretreatment Ordinance. (Copies enclosed.) /)-LCc... ~ f Bills for Ordinances. flLJ. iJ ~~ ~~) Bill amending the Municipal Code of the City Vf8 ..;,..--1"\}~'\' of Englewood and adding thereto a new chapter \1\ b, ~/constituting a portion of the Comprehensive f 1' (\·· J( Zoning Ordinance. (Copies to be transmitted.)~ '-tJ -1 Resolution. ~$Ji_ (fJ Resolution adopting findings of fact, con- clusions, and decision of the City Council of Englewood, Colorado, in case no. 13-84, the Broadway Development Plan. (Copies enclosed.)~ ~/ .. ,JJ. Proclamations. (g) (h) Proclamation proclaiming May 3, 1984 as/~D~y of Prayer. • (Copies enclosed.) ~ ~0- Proclamation proclaiming the month of April, 1984 as Child Abuse and Neglect Prevention Month. (Copies enclosed.) ~ Other Matters. (i) Attorney's Choice:-~.~ -qrw?s ~ 8. City Manager's Choice.-~ tn ~ -~ ~rn'-oG.A.--~JO~:)o Manager's Choice.. ~ ~ fdA~ ~!lY114~-~3-f!1 ·~»P~· c. 't11o ~-o u· 9. ~~~cus~n. -~ ~ ~ ~ (a) Mayor's Choice. _ s~ ~~ -~~· • I • • • • • L ~~----------~~--- Page 4 April 16, 1984 Agenda 9. General Discussion (Continued). Council Member's Choice. (i) Resolution concerning the appointment of John R. Olsen as City Attorney.~.../'-1·1. 10. Adjou<:;,.~-~ ~~ /'\ 7 . : r . . ' ! II ' I (..) }Lt~ I ( {~l't . .~_ .......... ANDY (J._C COWN City Manager AM/sb I • • • - • • ~--~~------------------------~------------------ AGEN DA ITEM ---P RESENTED BY ----- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe]da Wei s t Bllo Bradshaw Otis MOTION: I . . • • • • .. - AG ENDA ITEM -----P RESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlodav ,__ Neal v- Vobe1da 1...--- Wei s t v- Bi lo v- Brad s haw ,__ Otis ,.._. MOTION: I . • • • - • • ------------------------------------------------------------------~ ' AGENDA ITEM I a_ ~------PRESENTED BY ---------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~~ -Neal -~ Vobe_j_da Weist -_y Bi lo Bradshaw Otis - MOTION:~ I • • • • - • • --------------------------------~ AGENDA ITEM & ?l._ . PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abst I a n --H1g<1ay Neal --Vobeida • Weist --_airo Bradshaw Otis MOTION: -- I • • • • • • • • - L ~~-----------------~ AGENDA ITEM & b · PRESENTED BY ------ ROLL CALL "oved Seconded Ayes Nay Absent Abstain v tilgday -Neal - VobEQda Weist -v Bi lo Bradshaw -Otis - I . • • • • • PRESENTED BY ---- ROLL CALL Hoved Seconded Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I . . • • • - • • ~ ~~~ IUiy Ayes Seconded Hoved --, -I --,---J..!!=~ ~ Nea Vobe]da --- .::1 We_!St I _~ti J..Q. .l ,- Bradshaw ___...L .l I Otis L • MOTION: • • I . • • -• • • AGENDA ITEM ----P RESENTED BY ------jn~~~ 'J~;/IlJki$go~ c!P.t~~~~~'-f~ ~__; hv ~ ~t-~ ~ ---(19-~--.~-;;;-----_ -~~~.~---6k..J- ~~~-~~- ROLL CALL Hoved Seconded Ayes M.y Absent Abstain . Hl_gday Nea__!_ Vobe_]da We_!_st Bllo Bradshaw Otis MOTION: • • I . • - • • AGENDA ITEM \,_s~ a__. -s t/(_ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes N.y Absent Abstain ~ ~ .1. Nea_! 1 Vobe~da We_!_st 1!::::_ ...D_i!_Q_ Bradsh- Otis MOTION:~- • I • • • • - • • -' AGENDA ITEM 6 ~ PRESENTED BY lb (" r!Jn JHJ. ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain MOTION~ ~ I • • • - • • _, -- AGENDA ITEM _(o _ ___c:;b;___ PRESENTED BY lh C... &f-11...) ROLL CALL Moved Seconded Ayes Nay Absent Abstain &/ Hlgday Neat I Vobtnda I Weist I ¥-' Bllo I Bradshaw .-Otis - d- • I • • • • • - • • _\.. -- AGENDA ITEM ___.,Q_.c-_e_... __ PRESENTED BYdn ( &WY1 . ROLL CALL Moved Seconded Ayes Ney Absent Absteln ~~ _l_ Nee I I V' Vobe1da Weist ~ _allo Bredshew -Otis -- MariON: ~ ~ ( ~ I • ~~qa • • • • • • • AGENDA ITEM 1 tf<..-PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain "1gaay --Neal Vobe1da 1--Weist Bllo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM _1~-b=-----P RES ENTED B Y -------...,- ROLL CALL Hoved Seconded Ayes N.y Absent Abstain ...!!.!_gaay r Mea_ I Vo b ejd a Weist v-__lilo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Abstain HlgCI~ ~ Neal -__,._.... Vobe1da Weist -y Bllo Bradshaw -Otis MOTION:~ • I • • • • • , . • AGENDA ITEM PRESENTED BY Moved Second d r-- e Ayes Nay Absent Abstain ,_ I HIQday '--r He a I I -, 1-Vobe1da -L-Weist -I-... Rllo - L Bradshaw I I OtIs I I I - I -..... MOTION: I • • • I. - AGEND A ITEM ~ Hoved Seconded HlqdiV Neal Vobeida ,_ Weist Bllo Bradshaw Otis ROLL CALL ,- IS • • • ------- PRESENTED BY -------- Ayes Nay Absent -- ---~ I • • • - • • ......~·--··- AGENDA ITEM ~A---PRESENTED BY ---------------- ROLL CALL Moved Seconded Ayes N.y Absent Abstain ~~ ~ Neal -v VobeJda -We_J s t -~ _lUo Bradshaw .- Otis - MOTION: I • • • - • • AGENDA ITEM L PRESENTED BY ------- GPA- ROLL CALL Moved Seconded Ayes Nay Absent Abstain "~l!l. Nea_J_ ~~da Wejst _l_IJ.Q_ Bradshaw Otis MOTION: I . • • - • • - AGENDA ITEM Je__ ' PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain __.!"": ~~ He• I -Vobe1da -Weist --~ _ _BJ lo .-Br•dsh.w Otis -- I • • • • • • --'--~---- AG ENDA I TEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v-Neal -Vobe1d a Weist .ir-"-. Bllo Bradshaw -Otis - I • • MOTION : r-J (f 6 -1 -t tf 7 • • - • • AGENDA ITEM -----P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTgelay -Neal -,. Vo be1da -Wei s t -,., Iii lo -Bradshaw -Ot is - MOTION: I • • • • • • • -- AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Abse t n Ab sta n HIQCiay Neal Vobeida -Weist -Bi lo -Bradshaw -Otis MOTION: I • • • • • - • • -- oJ.eAW~ L[;~ ~ PRESENTED BY -------- ~ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HTgday Neal Vobe1da Weist Bl lo Bradshaw Otis MOTION : I • • • • • • • ' . ...... - AGENDA >T"' ~ PRESENTED BY ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday -~ y Neal I VobeJda I Weist I ~ Bllo I Bradshaw Otis -- MOTION: I • • • • • • -...... AGE!>.'DA I TEM ROLL CALL Hoved Seconded Ayes Nay Absent Abstain L 111ge1ay Neal v Vobe1da I Weist I Bllo Bradshaw Otis ~ I • • • MOTION: ~· • • • - • • - AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Mly Absent Abstain ....!!.!JlCI!Y_ Ne~l Vobeida ~ Weist ,_.. _BI~ Bradshaw -Otis - MOTION: I • • • • • - AGENDA ITEM -----PRESENTED BY ------- ROLL CALL Hoved Seconded Ayes Nay Abs t en Ab sta n lOgday v Neal VobeJda Weist v Bi lo Bradshaw I --Otis -- I . • • • - • - - AG ENDA ITEM P RESENTED BY ROLL CALL Moved Se conded Ayes Nay Absent Abstain -,_ ,. I- lfTQOav Neal I -, - L-Vobe,da I - I--Weist I - ~ ,.... Bllo t: I l Bradsh- I Otis - -I - I ---1 __J MOTION: I • • r-· • • • - AGENDA ITEM PRESENTED B Y Moved s econded Ayes Nay Absent Abstain 1=- L-- flladav ""'"' L--- Neal '- Vo be 'da -r L 1.-~ Weist I I ::I ,__ Rllo I - \ f.-- --1 - --< t. l Bradshaw Ot i s I -1 -I I =:=j MOTION~1- I • • • • • -..... AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes ~Y Absent Abstain Hlgday Neal Vobe,da Weist Bllo Bradsh- Otis MOTION : I • • • • • - • • - AGENDA ITEM t L P RESENTED B Y ------- Qa_QQ t;rv .~ ~ '-f : ID ~ ~ ;:; JU--.-~ ~ ~~ (JJ.. y1blh ~ '(11 ~ ~ /J-nAd . ROLL CALL Moved Seconded Ayes Nay Absent Abst I a n Hladay Neal I ,__ Vobeid a I 1--We st I Bllo Bradshaw -Otis ----- MOTION: I . • • • • • .. • AGENDA ITEM PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,__.....-Hlgdav v-Neal T Vobe1da I Weist 7 Bllo I Bradshaw -Otis - I • • • - • • ----=== AGENDA ITEM ----PRESENT ED BY ------ ROLL CALL Moved Seconded n Ayes Nay Abse t Ab sta n Hlgday Neal Vobe1da Weist Rllo Bradshaw Ot is MOTION: • I . • • • • • - AGENDA ITEM ----- P RESENTED BY ------- ROLL CALL l'loved Seconded Ayes Nay Absent Abstain IITQOav v Neal y_ Vobe1da Wei s t - -v Bilo -Bradshaw Otis - MOTION: !~-* 11 ~ p{J.o._J--' ...s/ b -z_ ~ I . • • • - • • AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain rllg_cS_ay - Neal I Vobeida -Wel s t B l lo - Bradsh- Oti s - MOTION: I • • • • - ( ( • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado April 2, 1984 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 2, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis. The pledge of alle- giance was led by Boy Scout Troops 1115 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the follo wing were prese nt: Coun cil Me mbers Neal, Vobejda , Bilo, Br adsha w, Oti s . Absent: Council Members Higday, Weist. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown City Attorney DeWitt Director of Engineering Services Diede Director of WWTP Owen Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 19, 1984. Council Member Bilo seconded the motion. City Manager McCown noted a correction to page 4, last para- graph, third line , should read, "could be obt ained from the staff of the Urban Renewal Authority. How-." Council accepted the editorial notation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. • I • • • • • April 2, 1984 ( Page 2 ( ( • Absent: Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 26, 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs e n t : Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Memb e rs Higday, Weist. The Mayor declared the motion carried. * * * * * * • Pre-scheduled visitor, Former Mayor Jim Taylor, 3709 South Sherman Street, was present. Hr. Taylor stated he was representing the Lion's Club in wishing City Manager McCown Happy Birthday since his birthday was the day before (April 1). Mr. Taylor then presented Mr. McCown with a gift of used golf balls humorously joking about Hr. McCown's golf game. Mr. Taylor then led the discussion towards the Lion's Club Train at Belleview Park. Hr. Taylor passed out an information sheet outlining the Lion's Club history and the Club's contributions to the community, one of which being the train. Hr. Taylor stated the train track was in need of repair and to avoid discontinuing the activity and putting the train away in a garage, Hr. Taylor asked for staff and financial assist- ance in renovating the track and ties. Specifically, Hr. Taylor, asked for: 1) assistance in preparing specifications so that the Club can receive bids; 2) supervision in the bid openings and on the work as it progressed; and 3) financial assistance in matching an amount of $25,000 t o do the work. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO IMPLE- MENT THE REQUEST TO ACCOMPLISH ITEMS 11 AND 12 AND TO SET UP IN THE PIF AN ACCOUNT FOR THIS PROJECT IN THE AMOUNT OF $25,000 WHICH IS TO COME OUT OF THE FUND BALANCE FOR ACCOMPLISHING THE PROJECT. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Silo, Bradshaw, Otis. • I • • -• • • April 2, 1984 { Page 3 c • Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * There were no other visitors at this time. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN 'fHE PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS, AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTIONMENT AND ASSESSMENTS OF SAID COST TO EACH LOT OR TRACT OF PRO- PERTY FRONTING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENT. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. Director of Engineering Services, Gary Diede, presented the overview of the project. Office Engineer, Rick Kahm, presented a detail report covering the work done and how the assessment costs were deter- mined. Mayor Otis asked if there was anyone wishing to speak in favor of the work and assessments. No one responded. Mayor Otis asked if there was anyone wishing to speak against the work and assessments. Richard Chow, owner of the Gothic Theatre, protested the cost because he could not pay the amount in one lump sum. Mr. Chow offered to pay in three installments. Director Diede explained the amount was not due until June 8, 1984 , which was two months away, and if Mr. Chow paid by that date he could take advantage of the 5\ discount. • I • • ( ( • April 2, 1984 Page 4 ,. • • • This was acceptable to Mr. Chow. There were no other comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Silo, Bradshaw, Otis. None. Council Members Higday, Weist. The Ma yor declared the motion carried. ORDINANCE NO. 13 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTION- MENT AND ASSESSMENT OP SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONT- ING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENT. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 10, SERIES OF 1984, ON PINAL READING. Council Member Neal seconded the mo- ti on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried • • * * * * • • "Communications -No Action Recommended" on the agenda were: (a) Minutes of the Court Advisory Committee meetings of • I • • - ( ( • ( • April 2, 1984 Page 5 (b) (C) (d) (e) (f) • • • December 15, 1983 and Febru a ry 27, 1984. Minutes of the Board of Career Service Commissioners meetings of January 19, February 9, and February 13, 1984. Minutes of the Board of Adjustment and Appeals meet- ing of February 8, 1984. Minutes of the Planning and Zoning Commission meet- ing of March 6, 1984. Minutes of the Public Library Advisory Board meeting of March 13, 1984. Minutes of the Downtown Development Authority meet - ing of March 14, 1984. COUNCIL HEHBER NEAL MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(F). Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a letter from Hr. Clete Gasson, resigning his Chairmanship and membership from the Englewood Downtown Development Authority. COUNCIL HEHBER BRADSHAW MOVED TO ACCEPT WITH REGRET THE RESIGNA- TION FROM HR. GASSON. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. • I • - ( ( • April 2, 1984 Page 6 * * * * • • • ·-------------- * * * City Manager. McCown presented two Council Communications from the Water and Sewer Board. One concerning Cherry Hills Rancho Sanitation District Supplement 12. The second concerning Greenwood Village Supple- ment tB. Mr. McCown stated the Board recommended approval. COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE ADDITION OF TAPS IN CHERRY HILLS RANCHO SANITATION DISTRICT SUPPLEMENT 12. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER VOBEJDA MOVED TO APPROVE GREENWOOD VILLAGE SUP- PLEMENT tB. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE APPROVING AN EASEMENT TO SOUTH SUBURBAN METROPOLITAN RECREA- TIONAL AND PARK DISTRICT, A QUASI-MUNICIPAL CORPORATION, FOR THE COLORADO DEMONSTRATION TRAIL. , I • - { April 2, 1984 Page 7 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 12, SERIES OF 1984, ON FINAL READING. Council Member Bradshaw seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND COUNCIL BILL NO. 12, SERIES OF 1984, IN THE ATTACHED RECREATION TRAILWAY EASEMENT, PAGE 2, SECTION 12, TO READ "THE WITHIN TRAILWAY EASEMENT SHALL EXTEND TO AND BE FOR THE USE AND BENEFIT OF THE DISTRICT, ITS CONTRACTORS AND WORKMEN FOR THE TERM ABOVE DESCRIBED." Council Member Bilo seconded the motion. Upon a call of the roll, the vot e on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Memb ers Higday, Weist. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion re- sulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1984 __ _ A BILL FOR * * * COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD, COLORADO, FOR JOINT WASTEWATER TREATMENT FACILI TIES TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILI- TY. • • I • • - • ( • Apri 1 2, 1984 Page 8 • • • At the request of Council, Director Owen of the Bi -City Waste- water Treatment Plant came forward to answer questions concerning Item iS of the agreement; specifically if the land use for sewer treatment pur- poses would be long term. Director Owen stated the property was a good location for waste- water treatment facilities; and it seemed logical that it should remain so. Mayor Otis stated he interrupted the clause to mean when the property is no longer used for wastewater treatment facilities the City of Englewood will be required to buy the property. City Attorney DeWitt drew a map depicting the subject property. Dir ect or Owen also depicted the areas for different facilities. Council Member Neal objected to the words "shall pay" in this section of the agreement and suggested using "may pay". COUNCIL MEMBER BRADSHAW MOVED TO CHANGE "SHALL" TO "HAY" IN ITEM tS. The mot ion died for lack of a second. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE AGREEMENT BY STRIKING THE WORDS IN ITEM IS STARTING WITH "SHALL PAY ••• " TO THE END OP THAT PARAGRAPH AND SUBSTITUTING "MAY ELECT TO PURCHASE FROM THE CITY OF LIT- TLETON FOR A SUM EQUAL TO 1/2 THE VALUE OF SAID PROPERTY DESCRIBED IN EXHIBIT A." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Heal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion re- sulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. I • - ( • April 2, 1984 Page 9 • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * • * BY AUTHORITY A BILL FOR * * • COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN EASEMENT TO SOUTH SUBURBAN METROPOLITAN RECREA- TION AND PARK DISTRICT, A QUASI-MUNICIPAL CORPORATION, FOR THE RECREA- TIONAL TRAIL ON THE SOUTH PLATTE RIVER BETWEEN BATES AVENUE AND HAMPDEN AVENUE. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 14 IN THE RECREATION TRAILWAY EASEMENT, ITEM 112 TO READ AS FOLLOWS: "THE WITHIN TRAILWAY EASEMENT SHALL EXTEND TO AND BE FOR THE USE AND BENEFIT OF THE DISTRICT, ITS CONTRACTORS AND WORKMEN FOR THE TERM ABOVE DESCRIBED." Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: sulted as Ayes: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. Upon a call follows: Ayes: Nays: Absent: of the roll, the vote on the original Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. • • • • • • • motion re- I • • April 2, 1984 Page 10 ORDINANCE NO. • • • BY AUTHORITY SERIES OF 1984 ----COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER VOBEJDA A BILL FOR AN ORDINANCE AMENDING CHAPTER 5, TITLE XV, SECTION 5 OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried • • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1984 ___ __ COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS HADE WITHIN PAVING DISTRICT NO. 29, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND; PRESCRIBING THE HANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 16, SERIES OF 1984, ON FIRST READING AND TO SET THE PUBLIC HEARING FOR JUNE 4, 1984, AT 7:30 P.M . Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: • Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. • I • • ...... ( • April 2, 1984 Page 11 Nays: Absent: • • .. None. Council Members Higday, Weist. The Mayor declared the motion carried. RESOLUTION NO. 10 SERIES OF 1984 • • • • • • • A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESS- MENTS WITHIN PAVING DISTRICT NO. 29 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1984, AND TO SET A PUBLIC HEARING FOR HAY 14, 1984 AT 7:30 P.M. ON PAVING DISTRICT NO. 29. Council Member Neal seconded the motion. Upon a ·call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried • RESOLUTION NO. 11 SERIES OF 1984 • • • • • • • A RESOLUTION ENDORSING THE IMPLEMENTATION OF A WASTEWATER PRETREATMENT PROGRAM FOR THE PUBLICLY OWNED TREATMENT WORKS, COMMONLY REFERRED TO AS THE BI-CITY TREATMENT PLANT AND THE ENGLEWOOD SEWER TREATMENT PLANT, LOCATED AT THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, SERIES OF 1984. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Vobejda, Silo, Bradshaw, Otis. None. • I • • ' • April 2, 1984 Page 12 Absent: • • • Council Members Higday, Weist. The Mayor declared the motion carried. * * • * * * • City Attorney DeWitt transmitted the order from Judge Friedman, District Court Judge, granting the motion for stay of judgement on behalf of the City in the case of Rich (water tower). Mr. DeWitt stated this allowed the City to use the water tower until the case is decided. Mr. DeWitt stated the hearing before the Colorado Supreme Court was scheduled for April 13, 1984 and a decision would probably be issued in 6 -18 months. matter. City Attorney DeWitt thanked Council for their support in this RESOLUTION NO. 12 SERIES OF 1984 * * * * * • * A RESOLUTION NAMING THE NEW COMMUNITY CENTER "THE ENGLEWOOD RECREATION CENTER." COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 12, SERIES OF 1984. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * • * * * * City Attorney DeWitt informed Council of the suit filed against the City of Englewood involving the State of Colorado Highway Department and Douglas County on McLellan Reservior. COUNCIL MEMBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THIS MATTER. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, • I • • - • r • • • April 2, 1984 ~ Page 13 Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt noted the case of Leydon vs the City of Englewood concluded on this date; and a decision was expected to be issu-ed by April 16, 1984. * * * * * * * City Attorney DeWitt discussed the case of Darnell vs Coberly and that liability should be determined first. If liability is shown in this case then the City should proceed to determine the damages. * * * * * * * City Attorney DeWitt stated Ken Keene was arguing the case of .U Koppers in Hot Sulfur Springs on April 13, 1984. • RESOLUTION NO. 13 SERIES OF 1984 * * * * A RESOLUTION AMENDING THE GENERAL PUND. * * * COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 13, SERIES OF 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * I • • • • • April 2, 1984 Cf Page 14 •• • City Manager McCown presented a Council Communication from the Director of the Wastewater Treatment Plant concerning an award of con- tract for the Englewood Wastewater Treatment Plant Expansion. Director Owen came forward and provided additional information on the project. Director Owen stated the low bidder was Summit Construc- tion, Inc for a bid of $881,645. Director Owen noted the communication was a lso requesting a u- thorization of total expenditures for this project to be $1,604,500 to cover equipment purchase and other expenses. Council Member Neal requested further information delineating where the a dditional project costs would be expended. City Man age r McCown stated he would provid e direct costs com- parison in a memorandum in the next few days. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE AND AWARD THE CONTRACT FOR CONSTRUCTION OF THE 1984 ENGLEWOOD WASTEWATER TREATMENT PLANT EXPAN- SION TO SUHHI 'r CONSTRUCTION, INC OF DENVER, COLORADO, IN THE AMOUNT OF $881,645; AND TO APPROPRIATE TO THE BI-CITY FUND AN AMOUNT OF $1,604,500 FOR PROJECT COSTS. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * Director Owen then gave a summary status of 1983 on the plant. He stated the plant met standards last year. The solids handling facili- ties project had started part of which was the cost-saving purchase of centrifuges from the City of New York. Also, the design work for the Englewood plant was completed. He stated the department came in $550,000 under budget for 1983 and noted the cogeneration system brought $40,000 in revenues. Director Owen stated he was preparing a summary report on these and other major activities which should be available in the near future. * * * * * * * • I • • - • • April 2, 1984 Page 15 • • • Director Owen presented a Council Communication concerning the purchase of a liquid oxygen vaporizer to replace the one that fractured when the cryogenic oxygen plant failed due to cold weather last winter. Director Owen stated because of the special characteristics of this type of equipment, cryogenic specialists advised the equipment be purchased from a particular supplier named HEX Indust~ies, Inc. Directo~ Ow e n stated the purchase price should not exceed $8,300. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE OXYGEN VAPORIZER FROM HEX INDUSTRIES, INC. FOR AN $8,300. Council Member Neal seconded the motion. roll, the vote resulted as follows: THE PURCHASE OF LIQUID AMOUNT NOT TO EXCEED Upon a call of the Ayes: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. The Mayor declared the motion carried. RESOLUTION NO. 14 SERIES OF 1984 • * * • • A RESOLUTION AMENDING THE 1983 GENERAL FUND. * * COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. City Manager McCown also noted attached to the resolution was a summary report of the overall status of the 1983 General Fund budget stating the fund balance for the General Fund as of 12/31/83 was $1,681,672 or $381,694 above the amount that was forecast. Council Member Neal complimented Hr. McCown for keeping expendi- tures at a minimum in 1983. • I - • • April 2, 1984 Page 16 * * * * • • • * * * City Manager McCown informed Council that Hr. Barron and Mr. Gomes were appealing their terminations. * * * * * * * There was no further business to be discussed. COUNCIL H!HBER BRADSHAW MOVED TO ADJOURN. Mayor. Otis adjourned the meeting without a vote at 9:40 p.m • • I . - • • • • ----------------------·-----~ ~-. • R!!:otmtGit 110. I ~ HllltS ~ 1914 - A U!:Ot.vrtCM GP 'IB lll::t.N')OID CTn CGUIICtL CCitttPJIDtliC n~ A. CAS!IOII POl Rt~ c·.'nTADDIG ln\'lCI TO 1'111 C'a'M"!Crn. vt~UF.As, ~a. r.A.5Stwt .._ hUtu.,. ••tt•• or Pr .. td-t _, O.•IN.M of ,,. ...... or rtru lntontate lltttlt of En1l...,od fro. 1~71 until hlo ~~~t to "-~ ltl'• ead VM!Ir.As, ~ A. f.A.";S<JII .._ ~ the City of r.tal...,. for • nllll!h.r of ,.. .. • -!> .. r .tt lloef'4 ofrtcer of o.-..rea ~htc ... phllonthre,tc ...... luttor"• anf VRn!AI, cta1JS A. t:.\.0:-hM .... t•d hlo tl• oM ... ,.., ,_tea ,,. •••t fo•er J•oro • Tr._u,..-r oM CllaU..tt of the.,.,.,_, __ O...l.,_.t A.,t.herltp, OM VIIP.UAs, a.aw A. t..t..0:5C'IIf hoo _., ..... ,. .,, ..... 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P R 0 C L A M A T I 0 N WHEREAS, trees are an important asset to the City of Englewood, providing shade, shelter, and reducing noise levels; and WHEREAS, trees enhance the beauty of the City with various forms, textures, and colors; and WHEREAS, the continued loss of our trees without a community- wide maintenance and replacement program will materially impair the beauty of our city; and WHEREAS, all citizens of Englewood, now and in the future, will benefit from the planting of trees; and WHEREAS, the City of Englewood, for the second consecutive year, has been recognized by the National Arbor Day Foundation as a TREE CITY USA; and WHEREAS, the State of Colorado has officially declared the third Friday in Apr il as Arbor day; NOW, THEREFORE, I , EUGENE L. OTIS, Mayor of the C ity of Englewood, Colorado, do hereby procla im April 20, 1984 as ARBOR DAY in the City of Englewood and encourage all citizens to participate in this effort by planting a tree or shrub. GIVEN under my hand and seal the 16th day of April, 1984. Eugene L . Ot1s, Mayor • I • • ( • • • • P R 0 C L A M A T I 0 N WHEREAS, trees are an important asset to the City of Englewood, providing shade, shelter, and reducing noise levels; and WHEREAS, trees enhance the beauty of the City with various forms, textures, and colors; and WHEREAS, the continued loss of our trees without a community- wide maintenance and replacement program will materially impair the beauty of our city; and WHEREAS, all citizens of Englewood, now and in the future, will benefit from the planting of trees; and WHEREAS, the City of Englewood, for the second consecut i ve year, has been recognized by the National Arbor Day Foundation as a TREE CITY USA; and WHEREAS, the State of Colorado has officially declared the third Friday in April as Arbor day; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim April 20, 1984 as ARBOR DAY in the City of Englewood and encourage all citizens to participate in this effort by planting a tree or shrub. GIVEN under my hand and seal the 16th day of April, 1984. p >;-~ ~ ~e L. Ot1s, Mayor • I . • • • • ARAPAHOE MENTAL HEALTH CENTER AdmlnlatreUon Office 1101 South YOHmlte Englewood, Coloredo 10112 INC . 303/771-.... ENGLEWOOD RESIDENTS SERVED BY ARAPAHOE MENTAL HEALTH CENTER, INC. Total New Clients FY 83-84 9 months July 83 -March 84 Total from Englewood Wi thin City Limits Unincorporated Area Admitted to West Outpatient Off i ce Admitted to Emergency Services Admitte d to Aquarius Substance Prog. Admitt e d to East Outpatient Office Admitted to Day Treatment Program Admitted to Santa Fe House Admitted to Other Services All Services -Center Wi de Units of Serv i ce -1st & 2nd Quart er July -December 1983 Admissions 1199 ltltlt 372 72 ClIents 147 61 60 57 15 It 5 349 23476 Out pat i en t Ca r e 11 ,87 9 Partial Care 4933 Inpatient and Residential Care 6664 • Wr tl O ut p•ti~nt 794 -9S4 t Ent Outp atient 779-9666 Aquanus 761 ·0620 S1n11 Fe Ho u se 795-6168 Adolescent Oa y Res ourt.:(' 7b 1 79)'! Eme,gency Sen1ces 795 -6187 Percentage 100 % .37% .31 % .06 % Percentage 42 .2% 17.5% 17 .2% 16.4% .Oit % .01 % .0 1% 100% Percentage 100 % 50 .6% 21 .0% 28.4% I • • '(• (' • I . CALL TO ORD ER . • • • URBAN RENEWAL AUT HOR ITY March 7, 1984 5 A The r e gular meet ing o f the Englewood Urban Renewal Authority wa s cal l e d to order by Chairman Ro bert J . Voth a t 5:45 P . M. Members pre sent: Cole, Voth, Novicky, Minnick, Neal, Totton Powers, Executive Director Mcintyre, Non-voting Alternate Member Members absent: VanDyke Also pres e nt: Wm. Richard Hinson, Economic Development Planner John Maxwell, EDDA Margot Howard )Denver Associates I I I To ny Lemberger ) II . APPROVAL OF MINUTE S. Fe bruary 8, 1984 Cha irman Vo t h s tate d that Minut e s of February 8, 1984 were to be c ons i d e r ed for app rov al . Min n ick move d : To t ton second ed: Th e Minut es of Fe bruary 8, 1984 be a pp roved as wr i tt en. Mr. Neal s ugg e sted t wo am e ndmen t s on Page 9 of the Minutes. The corr ections were noted a nd accepted. The motion t o a p prov e the minu t es , as ame n ded , carried. Mr. Voth stated that there are members of the public present, and suggested that the order of the agenda be changed to accommodate these individuals. Th ere was no objection from the membership of the Authority. I I I . PUBLIC FORUM. Ms. Powers introduced Ms. Margot Howard and Tony Lemberger, representatives of Denver Associates III. Ms . Powers also referenced a letter from Mr. Bruce Lowndes of CMR Mortgage firm, and her res ponse to Mr . Lowndes; this corre- spondence is in relation to the property at 3375 So u th Bannock Street. Ms. Powers indicated the subject property on an aerial photo of the downtown area, and discussed the concerns that were expressed in the letter from Mr. Lowndes regarding the intent of the Authority to acquire the subject site, and avail- ability of parking for this building. Ms. Powers stated that she pointed out in her letter to Mr. Lowndes that the Authority does not plan to acquire the property at 3375 South Bannock Street. Ms. Powers discussed the parking i s sue, noting that the City-owned parking lot east of 3300 block of South Bannock was leased to t he owner of the Park'N Shop along South Broadway; according t o the t e rms of the lease, this was to provide "short-term publ ic • I • • - • • • • -2- parking," and was not designated for specific tenants. Brady Development Corporation has purchased the properties along South Broadway with the ex- ception of the former First National Bank Building, and Mr. Kaufman's busi- ness at Broadway and Girard, and is renegotiating the lease with the City. Ms. Powers stated that it cannot be stated that permanent public parking will be located on this site for the use of the tenants at 3375 South Bannock Street; she did point out that she had agreed in the letter to ex- plore other areas for future public parking. Ms. Powers emphasized that no guarantee can be given regarding available parking. Ms. Powers pointed out that when the present parking lot area is developed for the new King Soopers Store, the proposed parking will be to the east of the site and across to the east of South Acoma Street; this will be privately-owned parking and will be available to the patrons of King Soopers and the adjacent retail uses. Ms. Howard pointed out that the aerial photograph does indicate quite a few vehicles parked on the site; she asked what is being planned for the tenants in the First Interstate Bank. Ms. Powers stated that negotiations are on-going with the First Interstate Bank regarding parking facilities. Mr. Novicky stated that in other words, the Authority is not guaranteeing parking for anyone. Ms. Powers stated that there is no guarantee of parking. Mr. Maxwell questioned whether there would be parking south of the King Soopers complex, and would it be for the use of the King Soopers patrons. Ms. Powers indicated on the map the area to be developed for the King Soopers Store; a parking structure will be erected on the east side of the Acoma area. Mr. Maxwell asked if the City is planning to vacate South Acoma Street. Ms. Powers stated that this has not been formally requested. Ms. Cole asked what would happen to the present King Soopers site. Ms. Powers stated that it is being appraised; Kings still has a lease with KRAVCO. Ms. Powers stated that she understood Brady Development Corpora- tion would like to get control of this site, also. Mr. Maxwell asked how much of the structures along South Broadway in the 3300 block would be razed. Ms. Powers stated that everything owned by Brady would be demolished. Ms. Howard and Mr. Lemberger expressed their appreciation to the Authority for considering their problem, and excused themselves from the meeting. IV. REPOR T OF SECRETAR Y. Ms. Powers reminded members of the Authority of a special meeting of the Authority scheduled for March 14th at 5:30 P. M. Members of the City Council have been invited to attend. Under discussion will be the preliminary design of Civic Center Boulevard, including such items as light fixtures, signing, paving, etc. V. NEW BUSINESS. A. Contrac t for Little Dry Creek Retaining Wall. Ms. Powers asked that this matter be stricken from the agenda for this meeting, and plac ed on the agenda for the meeting next week • • I • - ( • • • • -3- B. Kramer vs. Golladay Lawsuit. Ms. Powers stated that Mr. Marlin Opperman is preparing the response to this lawsuit on behalf of the Urban Renewal Authority. Mr. DeWitt is preparing the response to the suit on behalf of the City of Englewood. Discussion en- sued. Ms. Powers stated that following Mr. Kramer's request to proceed with an appraisal on his property, he was sent a letter stating that if the cost of the appraisal proposal on his property was "reasonable", this cost would be borne by the Authority; the proposal he submitted was not deemed to be "reasonable" and was rejected. The lawsuit was then filed; following the filing of the suit, Mr. Kramer submitted a second proposal for appraisal of his property, which has been determined to be "reasonable", and the approval has been given for him to proceed. Further discussion ensued. Ms. Powers stated that there would be some information from Mr. Opperman available at the next regular meeting of the Authority. VI. OLD BUSINESS. A. Chamber of Commerce Buildin&. Ms. Powers stated that the Centennial Chamber of Commerce will be out of the structure at 180 West Girard Avenue by the end of March. The Chamber of Commerce has received some contacts from non-profit organizations that wanted to use the building; however, the building is slated for demolition in June, and it does not seem logical to move someon e in only to have to move them out in one or two months. Mr. Neal stated that the Jaycees had expressed an interest in moving the building, and suggested that a letter could be written to the Jaycees stating that if they can move the building, they are welcome to it. B. CDBG UP-DATE. Mr. Hinson briefed the Authority on the progress of the CDBG projects: the house from South Bannock Street has been moved to 3073 South Elati Street, and work on rehabilitation of the structure is approximately 50 % completed; it should be finished by April 6th. We will be talking to some of the other property owners on South Bannock Street to determine whether additional houses can be acquired which can be moved. The Malley Center parking lot is progressing; the site has been cleared of the two structures that were on it. The work now will be designing the re- taining wall and the paving of the lot. It is anticipated that this would be completed by early summer. Landscaping will have to be done, and it is hoped that the Parks and Recreation Department will assist on this. The Broadway Facade Improvement/Loan Program was reviewed by Mr. Hinson. Mr. Maxwell obtained the first loan under the program for a new sign, and a second loan was just approved for Dr. Clark, who owns a building that contains three businesses. Mr. Hinson stated that Ms. Linder from the Community Development staff, and Mrs. Penny Dietrich from the EDDA staff, have been working with the businessmen and property owners on this project. Mr. Hinson stated that there are some other businessmen who have expressed an interest, but have not proceeded further with the loan process • • I • • - • • • • -4- C. 4702 South Washington Street. Mr. Hinson stated that there have been 10 s howings of the ho us e; bad weath e r on the last few weekends has interfered with the openhouses that have been scheduled. Th e real estate agent has transmitted very few derogatory re- marks that have been received on the house, but one that has recurred is that th e prospective purchasers feel it is over-priced. The real e s tate agent has stated that he does feel it can be sold at the qu o t e d pric e, but there is nothing definite to report at this time. D. 3550-54 South Broadway. Mr. Hinson stated that this property has been purchased by the Urban Re-newal Authority. * * * * * Mr. Robert Paysinger entered the meeting to deliver a letter to Ms. Powers from the Brady Corporation. Mr. Voth asked if anyone else had anything to bring up b e f o r e t he Auth o rity went into Executive Ses sion. Minnic k moved: Novi c ky sec onded : * * * * * The Urban Renewal Authority go into Executive Session t o discuss land acquisition. The motion c a rrie d. * * * * * Ms . VanDyk e e ntered the meeting at 6:45 P . M. Mr. Novicky was excused from the me e t ing at 8:00 P . M. * * * * * Minnick moved: Cole seconded: The Urban Renewal Authority come out of Executive Session. The motion carried. Minnick moved : VanDyke seconded: The Urban Re n ewa l Authorit y ado p t Re solut ion U4 , Ser ies of 1984, A RESO LUTION OF THE URB AN RENEWAL AUT HORITY RE- QUESTING THE ENGLEWOOD CITY COUNCIL TO TRA NSFE R THE CUR- RENT BALANCE OF LITTLE DRY CREEK FUND S IN THE PUBLIC IM- PROVEMENT FUND TO THE URB AN RENEWAL AUTHO RITY FOR PROPERTY ACQUISITI ON AND REQUIRED CONSTRUCTION . The motion carried; Mr . Novic ky was absen t • • I • • (I • • • • -5- Totton moved; Minnick seconded; The Urban Renewal Authority adopt Resolution #5, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR THE PROPERTY AT 3422 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. VanDyke moved; Minnick seconded; The Urban Renewal Authority adopt Resolution #6, Serie s of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR THE PROPERTY AT 3426-28 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGO- TIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Minnick moved: Totton seconded; The Urban Renewal Authority adopt Resolution #7, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR THE PROPERTY AT 3430 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTiiORITY. The motion carried; Mr. Novicky was absent. Cole moved: Neal seconded: The Urban Renewal Authority adopt Resolution #8, Series of 1984, A RESOLUTION OF TiiE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR TiiE PROPERTY AT 3444 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Totton moved; Minnick seconded; The Urban Renewal Authority adopt Resolution #9, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHOR ITY ASSERTING THAT THE APPRAISED VALUE FOR TiiE PROPERTY AT 3456 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Minnick moved: VanDyke seconded; The Urban Renewal Authority adopt Resolution #10, Series of 1984, A RESOLUTION OF TiiE URBAN RENEWAL AUTHORITY ASSERTING THAT TilE APPRAISED VALUE FOR THE PROPERTY AT I • • - • • • • • -6- 3460 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Cole moved: Totton seconded: The Urban Renewal Authority adopt Resolution #11, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR THE PROPERTY AT 3464, 3466-68 SOUTH BANNOCK STREET IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RE- NEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Neal moved: Minnick seconded: The Urban Renewal Authority adopt Resolution #12, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE FOR THE PROPERTY IDENTIFIED AS P.P.I. #1971-34-3-1 8-013 IS THE FAIR MARKET VALUE OF SAID PROPERTY AND SHALL SERVE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. The motion carried; Mr. Novicky was absent. Minnick moved: Totton seconded: All resolutions passed by the Authority at this meeting shall be subject to the review of the attorney for the Urban Renewal Authority, and written approval be obtained. Alterations to the resolutions shall be per the instruc- tions of the attorney. All resolutions shall be con- ditioned upon the transfer of funds from City Council for acquisition of these properties. The motion carried; Mr. Novicky was absent . VanDy ke moved: Minn ick seconded: The Urban Renewal Authority recommend to the City Council that the following properties be included in the Downtown Redevelopment Plan for acquisition: P.P.I. 1971-34-3-19-28 and P.P.I. 1971-34-3-19-24. These are properties south of First Interstate Bank. The motion carried; Mr. Novicky was absent. Neal moved: Totton seconded: The Urban Renewal Authority recommend to City Council the inclusion in the Downtown Redevelopment Plan of those prop- erties listed in Exhibit B of the letter presented by Mr. Robert Paysinger, contingent upon the full and complete disclosure and submission of all documents showing good faith negotiations on the part of the Brady Development Corporation. The motion carried; Mr. Novicky wa s absent • • I • • • Minnick moved: Cole seconded: • • • -7- The Urban Renewal Authority recommend to City Council the inclusion in the Downtown Redevelopment Plan of the prop- erty described in Exhibit A of the letter delivered by Mr. Paysinger, said property also being known as 3311 South Broadway, contingent upon the full and complete dis- closure and submission of all documents showing good faith negotiations on the part of the Brady Development Corporation. The motion carried; Mr. Novicky was absent. VII. COMMISSIONER'S CHOICE, Mr. Minnick asked if the Fire Department has been included in discussions on the design of the Civic Center Boulevard. Ms. Powers stated that the Fire Department has been included. Mr. Totton stated that he felt even if the Authority has to borrow the money to make some of the land acquisitions, it should be done without delay. Ms. Powers stated that the Authority needs to sit down to develop a public relations strategy for this project. Discussion ensued. Neal moved: Minnick seconded: The staff be directed to pursue development of a contract with Brady Development Corporation which would obligate Brady Development Corporation to purchase, at full cost paid by the Urban Renewal Authority, the properties on South Acoma Street, including the properties used for Graham Furniture, Englewood Hardware, and the Holthaus property; this purchase is to occur within not more than two years from the date the contract is signed. The staff is further directed to investigate the carrying cost for the Urban Renewal Authority to purchase these properties by borrowing the money. The motion carried; Mr. Novicky was absent. Minnick moved: Co le s econded: The Urban Renewal Authority recommend to City Council that they direct the staff to explore all avenues for financial means to accomplish an early purchase of the properties required in the Downtown project. The motion carried; Mr. Novicky was absent. The meeting adjourned at 8:40 P. M. • I • • • I. CALL TO ORDER. • • • URB AN RENEWAL AUTHORI TY March 14, 1984 5:30 P. M. S A The Special Meeting of the Urban Renewal Authority was called to order at 5:30 P. M. by Chairman Robert Voth . Members present: Cole, Minnick, Neal, Novicky, Totton, Voth Powers, Executive Director Mcintyre, Non-voting Alternate Member Members a bsent: VanDyke Also present: Gary Diede, Director of Engineering Services Dense! Ragland, Civil Engineer Wm. Hinson, Economic Developmen t Planner City Manager McCown Assistant City Manager Vargas City Council members Bradshaw, Silo, Higday, Vobejda Jim VanHusen, Muller Engineering Roland Vaughan, Perez Associates Dick Bauman, Trans Plan Keith Meyer, DeLeuw Cather Joe Queenan, Brady Development Corporation Dave Duncan, Brady Development Corporation Larry Muller, Muller Engineering Duan e Blossum, P.O.D. Rick Waldorf, Perez Associates * * * * * Ms. Powers annou nced that Mr . and Mrs. Larry Novicky are the proud parent s of Kathryn Ann, born on March 8, 1984, and presented Mr. Novicky with a gift for the baby. * * * * * II. PRESENTATION ON CIVIC CENTER BOULEVARD. Ms. Powers stated that the purpose of the meeting is to hear a presentation on the preliminary design of the Civic Center Boulevard. The design elements of the Boulevard will b discussed, and questions or problems that are pointed out will be taken into consideration. The engineers would like to be able to go into final design by April. Ms. Powers then turned the meeting over to Mr. VanHusen of Muller Engineering. Mr. VanH us en stated that he is th project engineer with Muller Engineering. Preliminary design work on the Soul varrl began in January; Muller Engineering has been working with several other firms in the design elements of the Boulevard, including CDM, EDAW, Black and Veatch. They have met with Perez Associates, Brady Development Corporation, and with the utilities compan ies . They want to complet th preliminary design work within an- other 10 days, and go into th final design stages by April 1 • • I • • • • • • -2- Mr. VanHusen indicated the extent of the Boulevard, from Broadway/Gira rd curving around to the terminus at U.S. 285/South Cherokee Street. Work will also be done on South Acoma Street south of Girard, which will curve around to South Broadway. Mr. VanHusen discussed the alignment of the Boulevard, the traffic flow proposed on the boulevard, which will be two-way, as will traffic on South Cherokee Street and South Bannock Street. The width of the Boulevard will be 100 feet, which will give four lanes of traffic, with an eight foot landscaping strip and a four foot sidewalk on each side, plus the landscaped median. South Cherokee will remain the same width, with a six foot sidewalk on both sides. South Acoma Street will have a 10 foot parking lane on the west side of the street, with two lanes of traffic. The Boulevard has been designed for 25 mph speed, will be asphalt, with concrete curb, gutter and median, and concrete pads for bus stops. Mr. Minnick asked the turning radius for the RTD buses. Mr. VanHusen stated that 35 feet is requied, and that the turning radius they have designed will be adequate. Mr. Novicky asked how long access to Acoma would be closed off due to the construction of the Boulevard. Mr. VanHusen stated that they hope to begin construction about August 1st, and Girard would be reopened about the first of November. Mr. Roland Vaughan of Perez Associates, discussed the perception they hope to develop for the Boulevard. Mr. Vaughan discussed the design of the "en try to the Boulevard at Broadway and Girard, and at U.S. 285 and South Cherokee Street. Mr. Vaughan discussed the space that the turning lanes require, and how accommodation of the turning lanes cuts down on the median area that is proposed to be landscaped. Mr. Vaughan stated that they do not want the "feel" of the Denver Tech Ce nter, but do want the "warmth and tradition" of a downtown area. The proposal is that there be an eight foot walkway, an eight foot planting area on either side of the Boulevard, with the landscaped median in the Boulevard. Mr. Vaughan stated that the maintenance of items to be used in the Boulevard and along the walkways has been taken into consideration, and they have looked for materials that will be practical and long-lasting . Rick Waldorf, Perez Associates, stated that Mr. Vaughan had covered the major points on the paving. They have tried to find low cost and low- maintenance materials. Mr. Waldorf stated that they propose using a special interlocking paver for the walkways; if there is damage to a portion of the walkway, it is relatively easy to replace. The roadway will be asphalt, and a thermo-plastic material will be used in the cross- walks, with the interlock paving stones in the intersections. Mr. Novicky asked if the City would maintain the interlocking paver side- walks. Mr. Diede stated that this has not yet been determined. The City may have to do some maintenance. Mr . Novicky asked if the interlocking pavers would hold up under snow removal requipment. Mr. Vaughan discussed the interlocking paving stones, noting that it is not a loose brick paver that scm areas have used. Mr . Vaughan noted that this interlocking paver has been used in the eastern part of the United States, and is in use in Europ , and is a very durable material • • I • • - • • • • -3- Ms. Bradshaw asked if the thermo-plastic material proposed for the cross- walks is sprayed on, or what method of application is used. Mr. Waldorf stated that it is applied while the roadway is "hot", and is "rolled" on. Mr. Diede further discussed the material, and noted that it is reflective, and comes in different colors. Mr. Novicky asked if there would be a railing of some sort at the point where the boulevard crosses over the waterway. Mr. VanHusen stated there will be some kind of railing. Mr. Dave Blossum, P.O.D., discussed the landscaping proposed along the Boulevard and the lighting. He stated that these two facets of the design have to be coordinated to realize the most from both. The intersections will be "intensely lighted", with lights installed on 20 to 30 foot poles at the intersections. There will be a 15 foot clearance from the roadway level to the bottom of the traffic signals to be hung from the arm mast. The lights along the Boulevard will be on an 80 foot spacing, with the trees on a 20 foot spacing. Mr. Blossum discussed the lighting fixtures, stating that they propose to use those manufactured by Gardea, a high- pressure sodium fixture. He discussed the shape of the light fixture, stating that those at the intersections would be 22" diameter, and those lining the Boulevard would be 17" diameter. Lighting in the medians would be 42" high Bollard mercury-vapor low level lights. Mr. Blossum stated that the mercury-vapor lights would be a "softer, cooler" lighting, while the sodium is more "orange" in tone. Mr. Blossum addressed the matter o£ landscaping and referred to a cross- section of the sections of the Boulevard, pointing out the proposed land- scaping, walkway areas, driving lanes, and median. Mr. Blossum pointed out that the landscaping at the points of entry would i nclude a double line of trees, but that a single line of trees would be planted along the main sections of the Boulevard; the lights would be installed on 15 foot high poles. Consideration has been given to a "monument" of some type at the entry way to the Boulevard, perhaps an obelisk that would carry the logo or something similar. Mr. Novicky referred to "section B" of the Boulevard, and pointed out that the development plans indicate the area bordering to the west is to be developed for residential purposes; he asked if a double line of trees should not be planted along the Boulevard to serve as a "barrier" for this residential area. Mr. Blossum stated that following the de- sign guidelines they have, the developer of the adjacent parcels would provide the additional row of trees at his expense. Mr. Novicky asked what kind of trees were being considered for the land- scaping. Mr. Bloss um stated that they are proposing deciduous trees, and are considering the little leaf Linden, and some Ash trees. Mr. Totton asked what effect the sodium lights would have on the trees. Mr. Blossum stated that the sodium lighting does affect some kinds of trees adversely, but that they are trying to come up with ''hardy" varieties that are attractive, and will not contribute to "shadow and ice" problems during the winter months • • I • • • • • -4- Mr. Diede stated that the Public Service Company will not maintain the light fixtures that are being proposed. PSC requires a minimum h eight of 25 feet on their light fixtures, and the light s along the Boulevard are proposed on 15 foot poles. The maintenance will be the responsibility of the City. Mr. [1ick Bauman addressed the traffic issues. He stated that he has worked with Mr. Keith Meyer from DeLeuw Cather, and discussed the con- cerns they have with the Broadway traffic. A double-left turn on Br oadway for northbound to westbound traffic at Girard will be needed, and will necessitate removal of parking from Broadway. Mr. Bauman estimated that the double-left turn will be needed about 18 months from now. Ms. VanDyke entered the meeting at 6:30 P . M. Mr . Bauman discussed the phasing of signalization along the Boulevard, noting that signals needed in the first phase would be at Broadway/Acoma; Broadway/Boulevard, Boulevard/Acoma, and U.S. 285/Boulevard intersections. Mr. Bauman discussed other signals that may be required as the develop-ment progresses. Mr. Bauman stated that all wiring and poles would be installed during the construction phase of the Boulevard, and that all wiring would be under-ground. Ms. Powers asked what controls are proposed at the South Cherokee/Boulevard intersection. Mr. Bauman stated that ·this would be a "T" stop-controlled intersection; motorists would be able to make left turns out of Cherokee onto the Boulevard. Mr. Vobejda asked if the pads proposed for the bus stops would be compatible with the larger buses that RTD is putting into use. Mr. Bauman stated that the concrete pads would accommodate the larger buses. Mr . Bilo asked if the impact on Broadway traffic further south had been taken into account. Mr, Bauman stated that the Broadway traffic volume will increase, but with the removal of parking through the downtown sector he felt the volume could be accommodated. He stated that there would be problems with the Broadway/Floyd intersection, and could be problems at the U.S. 285/Cherokee intersection, By the time Phase I is built out, he advised that the U.S. 285/Cherokee intersection should be redesigned. Mr. Higday asked if King Soopers has seen the traffic plans. Mr. Duncan stated that they have seen preliminary plans, and are aware of the traffic patterns that have been proposed. Mr. VanHusen discussed utilities in the Boulevard and in the downtown project. Mr. VanHusen further discussed the scheduling on the design work, reiterating that they would like to begin work on the final design phase April 1. The schedule for the final design work is approximately two months, and they want to put the project out to bid for the actual work by June, and begin construction by August 1. To get King Soopers in service by November 1, the work will be concentrated on the first two blocks of the Boulevard, with the intent to have the Boulevard completed by the first of the year, • I • 0 • • • • -5- Mr. VanHusen reviewed the cost estimates for the project, which would total $2,234,000. Mr. Bilo asked about bicycle paths. Mr . Diede stated that the bike trails would be along th e channel of the creek. Mr. Totton asked if the cost estimat es included the cost to relocate the utility lines for Mountain Bell and Public Service Company. Mr. Va nHu sen stated that the cost to relocate those lines has not been determined, and is not included in the cost estimate before the Authority. Mr . Diede stated that the cost estimates also do not include the cost to build the box conduit to the Boulevard ; this estimate has not been sub-mitted by McLaughlin. Mr. Diede stated that this street alignment has been referred to as "Civic Center Boulevard"; if this name is to be changed, it should be within the next month or two before the final designs are completed and the name ap-plied to signs, etc. Mr. Minnick asked if there is a suggested "theme" that will be carried throughout the redevelopment. Mr . Vaughan discussed the construction style the redeveloper hopes to follow through the project. Mr. Voth asked how much time the Authority had to decide on the name for the Boulevard. Mr. Diede suggested two months at the most. Mr. Voth suggested that if any of the members of the Authority or City Council have comments or questions regarding the presentation this evening, would they please submit them to either Susan Powers or Gary Diede. III. LITTLE DRY CREEK. Retaining Wall Mr. Diede discussed the process of soliciting bids for construction of a retaining wall along Little Dry Creek at the proposed Safeway Store. Mr. Diede discussed the process of checking references on the acceptable bid, and the concerns that the staff had after talking to representatives in Boulder, where this firm had done a project. Mr. Diede stated that he has since met with the president of the firm, and has discussed in more detail the Boulder project. The firm wants to do the job, and following the discussion, the staff feels more comfortable in recommending the award of the bid. Mr. Diede discussed the location of the retaining wall, 10 feet from the wall of the new Safeway Store. Mr. Diede stated that there are a couple of problems on-site which could increase the cost of the bid. There was an old land-fill on this site, and there could be a problem of methane gas. The contractor made it clear that he bid the project on the assumption he could "bore" under Sherman Street; however, if further testing indicates a concentration of methane gas, it would necessitate an "open cut", which is more expensive than the boring. The increase would be approximately $12,000. Mr. Diede stated that this contractor, Concrete Works of Colorado, Inc., is not the contractor doing the Safeway structure, and there would be no problem coordinating the construction of the retaining wall with the con- struction of Safeway. • I • • - • • • • -6- Mr . No v icky asked who the en g in e er ins pectio n fees we re pa i d t o . Mr. Died e ci t ed sev e r al firms t hat would i nspec t diff e r e nt fac e t s o f t he co n-stru c t ion pr ocess . Mr. No vic ky asked if a bo nd is posted to c over the maintenanc e f o r a pe rio d o f time fol l owin g co nstruction. Mr. Di e de s ta ted t hat the Ci t y would r e quire a comp l et i on bond, and does require a o n e -ye a r wa rra nty period on the con s truc tion work. If there are probl ems whic h occur aft e r the one-year warranty , the matter would probably have to be settle d in court. Mr. Voth asked if there were questions regarding this matter . Cole moved: Minnick seconded : The Urban Renewal Autho rity award the c ontract to con- struct the Little Dry Creek Channel retaining wall and sanitary sewer relocation at the Safeway site to Concre t e Works of Colorado, Inc., in the amount of $98,064.00 construction costs; 10% construction contingency of $9,936.00; $8,500.00 for engineering inspec tion; and $4,200.00 for engineering coordination and bidding f e e s, for a total of $120,700.00; and that Executive Director Powers be authorized to sign the contract on behalf of the Urban Renewal Authority. The motion c arri ed; Mr. Neal was absent. IV. FINANCING. Ms. Powers discu ssed a me e ting she ha d at t e nd e d wi t h St eve Be l l at Bo e ttcher Company r e garding th e financ ing s tra t e gy f or the pr oject . Ms . Pow e r s discussed t he pr o p ert ies pro po s ed fo r purc hase wi t h f unds f r om the Public Imp r o v eme n t Fun d , which have been r e qu ested to be trans- f e rred t o th e Ur ba n Ren ewal Aut ho rity account . This will not be all the p r o pe rties n eed ed fo r the im p r ovement s proj ect s . Ms . Powers estimated tha t th e c on struction f o r the Bo ul e v a r d co uld be as mu ch as $2 .7 million , land acq uisition $3.4 mi l lion , a nd the t o ta l es t ima t e n eeded is $6 .1 million . Ms. Powers stated that Brady Redevelopment Corporation has stated that they will sign a contract with the Ur ban Re n ewal Authority to buy back property purchased by the Authority on the west side of the 3400 block South Acoma Street, the property owned by Mrs. Holthaus on the east side of the 3400 block South Acoma Street. The redeveloper has stated he is willing to sign this contract for repurchase now, and that this con- tract can then be used by the Urban Renewal Authority as collateral to secure additional funding. Ms . Powers discussed the req uest to the appraiser to appraise on the value of the land/buildings and the valu e of the leasehold by tenants; the negotiations would be with the pro perty owner , who would be responsible to deal with the tenants. Discussion on leasehold values ensued. Ms. Powers stated that she has asked Mr. Benedetti , legal counsel for the Authority, to work with the attorney for the redeveloper to c ome up with a contract for repurchase of the properties by the redeveloper. This would serve s security for the Au t ho r ity to sell 36-month t x !n- cr m nt not s to finance th other needed land acquisitions • • I • • • • • • -7- Mrs. Col e as k e d i f this would be "sol i d s ecurity ", and what wo uld Br a dy ha v e to do t o prove he could com e up with the money requ i r ed for th e r e - purchas e. Ms. Powers state d that the financial sta tement for t he rede v e l- oper's company would s e rve a s an indication on wheth e r h e co u l d come up with the money, and the r e presentatives of Bo e ttcher and Mr. Be l l fel t th e r e would be no problem t o handle th e financing in thi s ma nne r. Ms. Powers po i nted out that building p e rmits will issue f o r the n ew Ki n g Soopers store about mid-May, and this will be additional sec urity, as wil l the building permits for the new Safeway Store. The proposed c ontract for repurchase would require repurchase by the redeveloper within two to two and one-half years. Ms. Powers stated that at such time as the r e purcha se is accomplished, the funds could be used to pay off the tax increment no t es , or if there is sufficient tax increment money to pay off the not e s, th i s could be used for something else . Ms. Powers stated that the r e wo uld be a need for about $2 million in addition t o the $6.1 million t o pay t he interest on the notes until the repurchase is completed. Mrs. Cole stated that it appeared that i t could be May befo re these prop- ertie s could be purchas ed f o llowing this proposed route o f f i na ncing . Discussion ensued. Mr. Minnick stated that something sho uld b e do n e be- fore July because of the c ommitment to thos e owners on So uth Ac oma Street that their properties would be purchased by J uly. Mr. Hin son s tated that the property owners had be en assured they would not have t o mov e befo r e July. Ms. VanDyke asked if th e contract would s pecify that the redeve l o per r e - purchase the property at the price pa id by the URA, o r would h e be ex- pected to pay the purchase price plus an increase in value, Ms. Powers indicated that this i s under dis cussion. Di scussion en s ue d. Mr. Totton as k e d if th e Mi dl and Saving s would have to r elocate . Ms. Power s s tat e d that i t is he r unders t a ndin g t ha t Mi dland wa nts t o stay i n the downtown area . Mr. Minnick s tat ed t hat he is of t he opin ion that the p r ojected $6.1 million is ins uf fic ient , a nd t hat the $1 0 million fi gure tha t had i n itially been discussed fo r pu blic improvements wa s mo r e r ealis t ic. Mr. Novicky stated that he is strenuously opposed to left-turn movements from South Cherokee Street onto the Boulevard. He felt this would be a traffic hazard, and suggested a one-way turning restriction, with a solid median in the Boulevard at this point • Mr. Novicky stated that he understood the interlock tile is planned for use only at the intersections and entries to the Boulevard; he suggested that it might be aesthetic to extend the use of the interlock tile along the curve of the Boulevard. Mr . Minnick discussed his c~ncern with the use of the tile in this locality, noting the temperature changes are more extreme in Colorado than in some areas back east. Mrs. Cole suggested that the 16th Street Mall in Denver has some type of an interlocking stone paver . Mr. Novicky asked about the third lake along Little Dry Creek; it is shown on the plans , but has not been discussed, Mr. Voth stated that this would be up to the developer to construct this lak • • I • • • - • • -8- The meeting adjourned at 8:10 P. M. I • • • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 20, 1984 5 8 I I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman McBrayer. Members present: Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre Romans, Assistant Director of Community Development Members absent: None Also present: Sen ior Planner Susan King Economic Development Planner Wm. Richard Hinson II. APPROVAL OF MINUTES. March 6, 1984 Chairman McBrayer stated that Minutes of the meeting of March 6, 1984, were to be considered for approval. Stoel moved: Venard seconded: The Minutes of March 6, 1984 be approved as written. AYES: Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker NAYS: None The motion carried. III. COMPREHENSIVE ZONING ORDINANCE I-1 Light Industrial Zone District CASE 119-84B Carson moved: Barbre seconded: The Public Hearing on Case /1 9-84B be opened. AYES: Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson NAYS: None The motion carried. Mr. McBrayer stated that the Public Hearing on the proposed amendments to the I-1, Light Industrial Zone District is now open. The staff has presented the Chairman with a copy of the legal notice of the Hearing, which was published in the Englewood Sentinel on February 29, 1984. Mr. McBrayer asked that the propos ed amendments to the I-1 Zone District, which were the staff report to th Commission, be made part of the record of the Public Hearing. Mr. McBray e r stated that the primary amendment to the I-1 Zone District is • I • • • • • • -2- the inclusion of mobil e home parks a s a permitted us e i n this zo n e dis - tric t, and develo pment standards for mobile home parks have be en wr i tt e n into the ordinance a l so. Mr. McBrayer stated that a ft e r hearing testimony from the staff and from the public, the Commission may dec ide t o r ec omm e nd the proposed amendm e nts as writt e n t o the City Co un c il; the Co mmi ss ion may mak e further a mendment s to the zone district regulations a n d r e f e r i t t o the City Co un c il, o r may ask that the staff do further wo rk on it and have it come back before the Commission for further consideration. Mr. McBrayer asked that anyone wishing to address the Commission would pl ease c ome to the podium, give their name and address, and be sworn i n; he a s ke d that testimony be limited to the matter before the Commission. Mr. McBrayer stated that the zone district regulations, as proposed, had been submitted to the Commission several days ago; he asked if there were any questions from the Commission of members of the staff. Hearin g no questions from the Commission, he asked if the staff had anything to add at this time . Mrs. Romans stated that the staff had nothing to add, but because this is a Public Hearing and members of the audience may not be familiar with the proposed amendments, the staff is prepared to review the regulations for the I-1 Zone District, Mrs. Romans stated that if member s of the audience are familiar with the proposed amendments, it may not be necessary t o make a presentation. Mr. Mc Braye r aske d members of the audience if they were in att e ndance i n regard to the am endment to the I-1 Zon e Distri ct and the i n c l usion of the mobile home park as a pe rmitted use; were they familiar with the pro po sed amendments, or did they want a presentation by staff to review the pro-posed amendments . Mr. Steve Gil es s tated t hat a number of th e audience me mbers have been work ing wi t h t h e s t aff rega rd ing the p r oposed zon e dis trict, and t he d e - ve lo pm ent s t a nda rds for the mobile home pa r ks , a n d are familiar with the pro posed a me ndme nts. Mr. Mc Brayer stated that unless specific question s arise, there will not be a fo rma l presentation by the staff. He then ask ed if a ny members of the audience wished to address the Commission regarding the proposed I-1 Zone District amendments. Mrs. Barbara Laube 3075 South Santa Fe Drive -was sworn in and stated that she is very much in favor of the proposed amendments, and stated that members of the audience would appreciate it if the Commission would recommend favorably on the proposed amendments. There were eight other persons in the audience who were in favor of the proposed regulations. Mr. McBrayer asked if there were other members of the audience who wished to address the Commission in favor of the proposed amendments. No one else wished to address the Commission. Mr. McBrayer then asked if any member of the audience wished to speak in opposition to the proposed amendm nta. No one in the audience spoke in opposition to the amendments, • I • • • • • • -3- Mr. Venard stated that h e had a question on Page 9, (ii), regarding the 150 f o ot setback f o r auto wrec king yards from r es idential/pro fessional zon e district boundary lines. He asked if this would mean an R-4 Dis- trict. Ms. Romans stated that this wording would mean an R-4 District, and suggested that the text is i n error, and the wording should be " ••. 150 feet from the boundary line o f any residential zone district." The 150 foot setbac k would give a buffer between the residential use and the higher intensity industrial auto wrecking yard. Mrs. Romans pointed out that this provision is not one of the proposed amendments, but is a pro- vision in effect today. Mrs. Romans stated that when the City agreed to allow auto wrecking yards in the industrial district as a permitted use, regulations to make this use "acceptable" to adjacent uses were drafted, and the 150 foot setback was one regulation that was felt to provide pro-tection to the adjacent uses . Mr . Venard suggested that a property owner might be dissuaded from de- veloping a junk yard if they were aware that this amo unt of land woul d have to be provided for a setback. Mr. Venard questioned the prohibition of a chain link fence in §22.4-12 i (1) (a) (iii); he asked if the chain link would be permitted if slats were to be woven through. Mrs. Romans discussed the problems that have been experienced with chain link fences and the aluminum slats; they have n o t proven to be satisfactory in a ppear- ance and are diffic ult to maintain, and are not an approved fence. Becker moved: Carson seconded: The Public Hearing be c l osed. AYES: McBrayer, Stoel, Tanguma, Venard, Allen, Barbre , Becker, Carson, Magnus on NAYS: None The motion carried . Mr. McBrayer a s k e d the plea s ure o f the Co mm iss i o n. Cars on move d: Becker seconded: Th e Planning Co mm ission approve the I -1 Zon e Di s tr ic t a mendm ents , wi t h the cor rection on Pa ge 9, §22.4-12 (1 ) (a) (ii), a nd that these ame n dme nts be referr ed to the Ci t y Cou ncil for their app r oval. Mrs. Becker stated t hat she felt the amendme n ts proposed to the I-1 Zo ne District are very positive changes , and would vote in favor of the motion . Mr. McBrayer stated that by working with WHERE, "we have fou nd a nice group of Englewood people", and that the Commission wants to be able to be of assistance to them. Mrs. Becker stated that she is proud that the staff and the citizens have been able to work together to arriv at the proposed solution to the dis-plac ment of these people. Mr. V nard stated that he would like to add his sup port for the mobil home park inclusion in the I-1 Zone District, and pointed out that he drives South Sants F Drive every day and this area has been of concern to him for some time. II stated that he would like to a e something happen in this area, • I • • • • • • • -4- and would encourage the Commis s ion t o s upport the development of t h i s a rea as much as po ssibl e . Mrs. Roman s expres sed the apprec iation of the staff to Mrs. Laube and Mr . Giles f o r their willingness t o work with the staff. Th e vo te was called on the motion: AYES: Steel, Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson, Mc Brayer NAYS: None The motion carried. Mr. Giles stated that he would like to thank the members of the Commis s i o n and staff for their efforts on behalf of WHERE. Mrs. Laube also expressed h e r thanks and appreciation to the Commission and staff for their coopera- tion; she commented that s ome of the former residents of mobile home parks in Littleton are relocating t o Englewood, and are very excited about this project. IV . DOWNTOWN REDEV ELOPME NT PLAN Amendment s 1/5 and 11 6 CAS E 11 19-84 Mr. McBrayer s tated that this c ase before the Commission involves s ome amendments to the Downtown Redevelopment Plan, which amendments would be t o list a dditional properties for acquisition by the Urban Renewa l Aut ho rity i n the Downtown Re develo pm e nt Plan. Mr. Hin s on a ddressed the Comm i s s ion, and s tated that the amendm e nts pro posed t o t h e Downtown Redevelopment Plan are fo r add i tional propert ies that were determin ed to be n eeded for pu b l ic im provem e nt s alo ng the Bo ulev a r d , a n d to lis t pr op e r t ies a l on g South Bro adway in the 3300 bloc k t o f a cil itat e the construction of the King Soo p e r s Plaz a ; th e prope rties on So uth Br o adwa y wo uld be a ma tt e r of "leaseh old" ac qu i sition only, i nasmuch a s Brady Co rpo r ation has purchased the proper ty i t self. Mr. Hinson outl i ned the r edevelo pme n t area on the map for the Commission . Mr. Stoel asked if the Key Savings property would be redeveloped, a nd what was planned for the site. Mr. Hinson stated that it would b~ redeveloped for some other retail purpose. Mr. Allen asked if properties needed for the Boulevard have been acquired. Mr. Hinson stated that the City Council did approve the transfer of funds from the Public Improvement Fund to the Urban Renewal Authority to facilitate acquisition of properties along South Bannock Street for the Little Dry Creek channel improvements . Mr. Hinson discussed the relocation of utility lines along Little Dry Creek. Mr. Allen stated that it appeared that portions of several parking lots will be taken by the Urban Renewal Authority; he asked what alternate parking areas will be provided. Mr. Hinson stated that the staff is working with First Interstate Bank and Cinderella City, own ers of two of the parking lots affected, and are attempting to work out an exchange of parking areas. He also noted that parking structures are proposed to be constructed in the King Soopers Plaza, and another will be constructed in conjunction with the hotel • • I • • • • • • • -5- Mr. Allen asked if there had been any changes in the improvements to the Little Dry Creek channel. Mr. Hinson stated that the structure at 180 West Girard Avenue will be removed immediately; the houses along South Bannock Street will have to be removed, and the channel realigned and widened. Mr. Hinson stated that one house has already been acquired and relocated, and the staff has been contacted by several other property owners who are in- terested in selling their property. The preliminary design work is being done, and the final design should be completed by the end of the year. Mr. Hinson traced the alignment of the channel, and noted that South Cherokee Street will carry the overflow of a 100-year flood. Mr. McBrayer stated that additional properties are being added for acquisition and asked if any other properties are being eliminated from the list for ac- quisition. Mr. Hinson stated that the engineers are just now determining what is actually needed for rights-of-way; it does not appear that any prop- erties will be eliminated from the acquisition list. Mr. McBrayer expressed concern with the traffic pattern from north to south west of South Broadway; he noted that with the removal of South Bannock Street as a "through" street it will seriously impede the north/south flow of traffic. Mr. Hinson stated that he understood the traffic engineers have considered the matter of traffic flow, and have designed the streets to facilitate the traffic movement through the area. Mr. McBrayer suggested that the impediments to through traffic on some other streets, such as South Elati Street, would have to be removed to accommodate the north/south traffic flow. Mrs. Romans discussed the installation of the island in South Elati Street at Floyd Avenue. Mrs. Romans stated that South Bannock Street was designated for one-way traffic by referendum, and there have been different legal opinions given as to steps necessary to revert the traffic to two-way. Mr. Allen asked if the Urban Renewal Authority would be acquiring all the properties that are being listed. Mr. Hinson stated that the properties being listed would make it possible for the Urban Renewal Authority to purchase the property if the redeveloper cannot do so. Mr. Allen noted that quite a bit of land will be taken from the First National Bank. Mr. Hinson stated that the land needed for the Boulevard right-of-way would be 1-1/2 to 2 rows of parking, but emphasized that a parking structure will be erected in this vicinity. Brief discussion ensued. Carson moved: Stoel seconded: The Planning Commission approve Resolution #3, Series of 1984, A RESOLUTION OF THE ENGLEWOOD PLANNING AND ZONING COMMISSION REGARDING CONSISTENCY OF THE AMENDED DOWNTOWN REDEVELOPMENT PLAN WITH THE GENERAL PLAN OF THE CITY OF ENGLEWOOD, and refer the matter to the City Council • AYES: Tanguma, Venard, Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel NAYS: None The motion carried . • I • - • • • • -6- V. GOALS/WORK PROGRAM OF PLANNING COMMISSION Mr . McBrayer stated that a listing of the goals and work objectives of the Planning Commission have been submitted to the Commission. He asked if there were any questions from the members on this matter. Mrs . Becker suggested that the Commission needed some time to review the proposed work program before it is finalized. Mr. McBrayer agreed, and suggested that the Commission should keep in mind to be prepared to dis- cuss the Work Program with the City Council at the joint meeting in May. Mr. McBrayer suggested that this item be placed on the next agenda for the Commission. Further discussion on the Work Program ensued, VI. PUBLIC FORUM. Mr. McBrayer noted that members of the audience who had been in attendance earlier had left the meeting. VII. DIRECTOR'S CHOICE. Mrs. Romans reminded members of the Commission of the Annual Banquet spons ored by DRCOG, scheduled for March 28, 1984, Reservations are required. Mrs. Romans reminded members of the open house sponsored by the Commu nity Care organization, which will begin at Porter's Hospital at 7:00 P. M. o n March 27th, and then continue at a group home in Englewood. Again, reser- vations are required, The following members asked that reservations be made to attend the Community Care open house: Mrs. Becker, Messrs. Barbre, Magnuson, Venard, Tanguma and Carson. Messrs. Barbre, Ve nard and Carson also asked that reservations be made for their wives. VIII . COMMISSION'S CHOICE. Mrs . Becker referred to the Klode "insurance-holding" yard on West Unio n Avenue, and to an automotive repair shop which was approved at Mr. Forington 's request on West Evans Avenue; she stated that she recalled at the time ap- proval was given that automobiles were not to be stored in the right-of-way, nor were vehicles to b worked on to be parked in front of the garage on Mr. Forington ' s property. ~Irs. Becker stated that vehicles are parked in front of the garage on Sundays, and that vehicles are parked in the right-of-way at both locations. Mr. McBryaer asked if it would be in order to ask the staff to send a letter to the Code Enforcement Division asking them to check into these problems. Mrs. Romans discussed the process of notifying the Code Enforcement Division of a complaint, and indicated that the staff would take care of it. Mrs. Romans stated that the owner of Klode's has indicated a desire to expand his operation to the east onto property that is owned by Mr. Sam Lov • In light of the problems that the City has experienced with this • I • - ' • • • • -7- business, the owner has been informed that the expansion would not be permitted until it is approved by the Planning Commission. Mr. McBrayer stated that he would not be present at the next Planning Commission meeting, but would be in Key West, Florida. Mr. Allen stated that he would be in Austin, Texas, and would not be present. Mr. Venard stated that a couple of weeks ago when the Commission was con- sidering goals and the work program, Mr. Barbre brought up the problems of enforcing the weed ordinance. Mr. Venard stated that he wondered if the members of the Planning Commission could be of help, by each member watching their own neighborhood for flagrant violations and reporting these offenders. Mr. Venard stated that in some neighborhoods where there are covenants there is a "group" of homeowners who are responsible for checking on such things. Discussion ensued. Mrs. Romans discussed the procedure followed in notifying the Code Enforce- ment officers of a violation and pointed out that the staff does appreciate citizens calling problems to the attention of the City. Mr. McBrayer declared the meeting adjourned at 8:00 P. M. • I • • - ' • • • • CITY OF ENGLEWOOD, COLORADO Planning and Zoning Commission Resolution No. 3 Series of 1984 A RESOLUTION OF THE ENGLEWOOD PLANNING AND ZONING COMMISSION REGARDING CONSISTENCY OF THE AMENDED DOWNTOWN REDEVELOPMENT PLAN WITH THE GENERAL PLAN OF THE CITY OF ENGLEWOOD. WHEREAS, a Downtown Redevelopment Plan has been prepared by the Englewood Urban Renewal Authority; and WHEREAS, the Downtown Redevelopment Plan was amended by the Urban Renewal Authority on March 7, 1984; and WHEREAS, the City Council has submitted the Downtown Redevelop- ment Plan to the Englewood Planning and Zoning Commission for review and recommendations as to its conformity with the General Plan for the develop- ment of the municipality as a whole in accordance with Section 31-25-107(2) C.R.S. 1973, as amended; and WHEREAS, a review has been conducted by the Englewood Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Com- mission of the City of Englewood, Colorado: ATTEST: Section 1: That the Downtown Redevelopment Plan, as amended, has been determined to be in conformity with the General Plan of de- velopment for the City of Englewood. ADOPTED AND APPROVED THIS _..::2:.:;:0~t!!.h __ day of _ _!.!Ma~r~c:!.h!___, 1984. Edwin E. Chairman • I • • • • • • TO: Andy McCown, City Manager FROM: Mel BeVirt, Employee Relations Director DATE: March 30, 1984 SUBJECT: REPORT ON 1984 NEPELRA CONFERENCE IN CLEARWATER FLORIDA Submitted for your information is my report of attendance at the 1984 National Public Employers Labor Relations Association Conference held March 10-16 in Clearwater, Florida. This year's conference was a record turnout of over 350 professional labor relations representatives from a number of state and local jurisdictions. The topics covered ranged from computer utilization in collective bargaining negotiations to the controversial issues surrounding comparable worth in the public sector. Gerald McEntee, the president of the American Federation of State, County and Municipal Employees Union (AFSCME), the same union that represents the City of Englewood's general service employees, was a keynote speaker at the conference. Mr. McEntee stated that the nation is experiencing "corporate cannibalism" in which computeriza- tion and sophisticated information systems are drastically trans- forming the workforce. In his opinion, by the 1990's the public workforce will consist of a relatively few well paid managers and technicians with most employees occupying low level, unskilled service jobs. He contends that the present administration in the White House is to blame for this erosion and will be a factor in the 1984 presidential campaign. Linda Lampkin, Director of Research, for AFSCME, Lewis Murphy, Manager of Tucson, Arizona, and Denver's Director of Personnel, Herb Abshire, participated in a debate over the issue of comparable worth in the public sector. • I • • • • • • The general conclusion arrived at from the comparable worth discussion is that the concept of comparable worth is different from equal pay for equal work, for it is based on the concept that a job is worth equal to, greater than, or less than another job when measured by such factors as skill, effort, responsibility and working conditions. Depending upon how these factors are weighed would determine the compensation for the job. The problem with measuring the worth of a job, however, includes an evaluation system that to date is unreliable and not based upon scientific concepts or analysis. An explanation as to why female workers on an average earn less than male workers may include such things as: parenting, lack of training/experience, socialization, marketplace, economic conditions, and individual choice. Before the legislators and the courts begin to bind employers to treat jobs of different content equally based upon faulty job evaluation systems, they need to better understand the relationship between job evaluation and market forces. The concensus of the panel discussing comparable worth was that a better mechanism for dealinq with wage disparities was through the collective bargaining process, not the legal system. Another interesting topic addressed at the conference was the use of computers in the collective bargaining process and other personnel related information processing systems. A number of representatives from various public entities provided information and demonstrations on the use of computers in costing out union demands, and the advantages small computers can provide an employer in analyzing and forecasting potential adverse affects of those demands. A warning was given at the session that unions are quickly becoming knowledgeable in the use of computers and will soon be coming to the bargaining table with answers rather than questions on how public resources can be utilized. I believe this year's conference was one of the best ever and feel that the knowledge gained and the renewal of professional contacts will prove fruitful for me and the City in the future. Thank you for the opportunity and the experience . • I • • • • • • S[) MAY, 1984 ANNUAL CITY CLEANUP SCHEDULE May 7 & 14: North of u.s. Hwy. 285 and west of the South Platte River May 8 & 9: North of u.s. Hwy. 285 and east of the South Platte River May 10 & 11: South of u.s. Hwy. 285 and north of Quincy Avenue May 15 I. 16: So uth of Quincy Avenue a nd cast of the South Platle niver May 17: South of Quincy Avenue and west of the South Platte River '!'rash is to be placed in tllrow-away containers ncar Lhc street and in a conspic uou ,; place. 'l'hcrc wU 1 be t wo trucks in the area on the days i ncl ic:atcct. Branches to be pickcu up are to be cut into lengths not to exceed four feet. fdr4G ·Kells Waggoner, ~ Director of Public Works lo copies: w. Oakley, St. Supt. M. Stanton, ServiCenter Supt. Switchboard Operator G . Diede, Director of Engr. Services R. Kahm, Office Engineer City Manager's office - 2 City Attorney's office All Dept. Heads: Library, Utilities, w.w. Treatment, Parks & Rec., Employee Relations, Finance, Police, Fire, Community Development, Building Divn. of Community Development • I • • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Aoril 10 1984 AGENDA ITEM CrJA SUBJECT Proposed Comprehensive Amend- ~e~~s t~~the Comprehensive Zoning Ordinance INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Receive the Recommendation of the Planning Commission Relative to Certain Amendments to the Comprehensive Zoning Ordinance, and Request the City Attorne) to Prepare Ordinances in Preparation of a Public Hearing. INTRODUCTION AND BACKGROUND: Specific goals for the City and courses of action to be taken to implement those goals are identified in the 1979 Comprehensive Plan, which was adopted by City Council Reso- lution No. 49, Series of 1979. Since the adoption of the Plan, the Planning Commis- sion has proceeded to address the courses of action through its work program. The proposed revisions to the I-1, Light Industrial District, are a by-product of the Comprehensive Plan. The Comprehensive Zoning Ordinance, which was adopted by City Council Ordinance No. 26, Series of 1963, is in need of comprehensive revision. The Planning Commission is looking at each section of the ordinance rather than the entire zoning ordinance to efficiently handle the comprehensive revisions. The proposed revisions were de- veloped by the Planning Commissioners after meeting with the Planning staff, research- ing regulations in other municipalities, studying the types of variances granted by the Board of Adjustment, and after considerable discussion among the members. The Planning Commission considered the initial revisions to the I-1 Light Industrial Zone District at a Public He~ring on February 7, 1984. At this Hearing, members of WHERE (We'll Have Equitable RElocation) were present to address the Commission re- garding the status of mobile home parks along South Santa Fe, and the effect the South Santa Fe Drive improvements will have on these mobile home park residents. Mobile home parks are not a permitted use in any zone district of the City of Engle- wood at the present time. Following the discussion with representatives of WHERE, the Commission directed the staff to rewrite the proposed I-1 Zone District regula- tions to allow mobile home parks as a permitted use, and to incorporate development standards for mobile home parks into the zone district regulations. This directive was followed, and following readvertising of the Public Hearing, the Commission conducted a Public Hearing on the I-1 Zone District on March 20, 1984. At the Public Hearing on March 20, 1984, there were nine representatives or members of WHERE in attendance, and Mrs. Laube of WHERE testified that the members of that group have worked with the staff on the review of the proposed I-1 Zone District and the inclusion of mobile home parks as a permitted use, and that they were very • I • • • • • • • much in favor of the proposed Zone District Regulations. Mrs. Laube urged Commission approval of the proposed amendments. Following the closing of the Public Hearing on March 20, 1984, the Commission voted to approve the I-1 Zone District, as proposed for amendment. RECOMMENDATION: After giving careful consideration to the drafting of the proposed I-1 Light Industrial Zone District regulations, and after considering the proposed regulations at two Public Hearings on February 7, and March 20, 1984, it is the opinion of the Planning Commission that the City Council should give favorable consideration to the proposed zone district amendments. The members of the Commission further recommend that the City Attorney be requested to prepare an ordinance for the proposed amendment to the Comprehensive Zoning Ordinance, and that a Public Hearing be scheduled for the proposed amendment • SUGGESTED ACTION: MOVED BY ______________ _ SECOND ______________ ___ YES NO ______ ~ABSENT _____________ _ • I • • - • • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 9-848 FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS RELATING TO AN AMENDMENT TO SECTION 22.4-12, I-1, LIGHT INDUSTRIAL DISTRICT OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1963, CITY OF ENGLEWOOD, COLORADO; WHICH AMENDMENT PERTAINS TO THE SPECIFIC REGULATIONS RELATIVE TO THE I-1 ZONE DISTRICT. A Public Hearing was held in the City Council Chambers in the Englewood City Hall, on March 20, 1984, in connection with Case No. 9-848. The following members of the City Planning and Zoning Commission were present: Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, and Venard. No Commission members were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, written reports and the draft of the proposed zone district amendments, the City Planning and Zoning Commission makes the following Findings of Fact . 1. That notice of the Public Hearing was given in the Englewood SENTINEL, the official City newspaper, on February 29, 1984. 2. That the present Comprehensive Zoning Ordinance was adopted by Ordinance No. 26, Series of 1963. 3. That a .. nd .. nta to Ordinance No. 26, 1963, have been made; however, there baa been no comprehensive revision to the ordinance over the past twenty years. 4. That in working with the present ordinance, it has become apparent that discrepancies exist and some zoning and/or land use issues are not addressed: a. Mobile homes are recognized as an important type of housing; however, they are not provided for in the current zoning ordinance. b. There are 190 mobile homes located in the I-1 Zone District, which are designated as Nonconforming Uses. c. d. Existing mobile home parka located within the City along South Santa Fe Drive cannot be .aintained to provide for environ .. ntally sound and aafe living conditions because of their Nonconforming statue and because of the land develop .. nt standards. Develop .. nt standards which would assure orderly upgrading of exiatina mobile home parka and of new mobile ho .. parka, should be set forth in the Zonina Ordinance • • I • • - • • • e . • • • -2- Certain activities which have been interpreted to be prohibited in the I-1 Zone District are not identified and need to be listed to assure uniform interpretation. f. Certain Accessory Uses which would be compatible in the l-1 Zone District are currently not addressed. g. Certain Conditional Uses which would be compatible in the 1-1 Zone District are currently not addressed. 5. 1bat no persons were present who wished to speak in opposition to the proposed amendments to the l-1 Zone District regulations. 6. That Ms. Barbara Laube, representing a group designated as WHERE (We' 11 Have Equitable RElocation), which organization the Englewood Citizens who live in the 190 mobile homes located in Englewood, spoke in favor of the proposed l-1 Zone District regulations. 7. That the co .. ission considered the proposed amendments in an effort to address the issues outlined above. CONCLUSION 1. That proper notice of the Public Hearing was given. 2. That no persona spoke in opposition to the proposed amendments • 3. That nine persons from WHERE were in attendance at the Public Hearing and were in favor of the proposed amendments. 4. That the following provisions should be included in the I-1 Zone District regulation to address the above issues: a. To perait Mobile Home Park Planned Developments as a principal uee in the 1-1 Zone Diatrict. b. To include development standards and procedures in order to provide for orderly and safe mobile ho .. park upgrading and for new development. c. To perait certain types of buildings which would be accessory to a Mobile Ho .. Park Planned Development. d. To prohibit sales of items from temporary structures unless plans for a permanent structure have been filed. e. To perait certain amusement establishments as a Conditional Use. 5. That the proposed amendments to the I-1, Light Industrial Zone District regulations have been considered in a thorough manner as part of the revisions of the Comprehensive Zoning Ordinance. 6. That the proposed amendments will assist in the efficient administration of the Co~rehensive Zoning Ordinance • • I • - • • • • • • • • -3- RECOMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed amendments to the Compre- hensive Zoning Ordinance, Section 22.4-12, I-1, Light Industrial District, be adopted. Upon the vote on a motion made by Hr. Carson and seconded by Mrs. Becker: Those Co..tasion .. abers voting in favor of the motion were Barbre, Tanguma, carson, Magnuson, McBrayer, Stoel, Becker, Venard and Allen. No peraona voted in opoaition to the motion. By Order of the City Planning and Zoning co .. ission • • I • - • • • • • • • Rev. 2-22-64 Section 22.4-12 I-1 Light Industrial District The I-1 Industrial District is composed of certain industrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I-1 Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flood the residential streets in the area. The regulations for this District are designed to stabilize and protect the essential characteristics of the District ss well as the areas surrounding the District. To these ends, developaent is limited to light industrial uses plus certain uses providing services to the area, and regulations are established to pro- vide for adequate screening and to govern the District. Both to protect residences froa an undesirable environment and to ensure the reservation of adequate areas for industrial development; new residential development is excluded from this district, except for •••i~i~ies-as-a caretaker FACILITIES AND FOR MOBILE HOME PARXS FOR WHICH A DEVELOPMENT PLAN HAS BEEN APPROVED. IN IECOGMITION OF THE GROWING IMPORTANCE OF MANUFACTURED HOUSING IN THE NATIONAL HOUSING SUPPLY AND THE NECESSITY FOR UPGRADING EXISTING MOBILE HOME PARXS WITHIN THE CITY OF ENGLEWOOD, COLORADO, MOBILE HOME PARXS WILL BE PERMITTED IN THIS ZONE DISTRICT. IN ORDER TO ASSURE THE AMENITIES WITHIN EXISTING MOBILE HOME PARXS THAT WILL BE llEIIABILITATED OR EXPANDED AND NEW PAnS WHICH MAY BE DEVELOPED, SUCH PARXS SHALL BE CONSTRUCTED IN ACCORDANCE WITH A DEVELOPMENT PLAN, FOR WHICH STANDARDS, SPECIFICATIONS AND REGULATIONS ARE SET FORTH HEREIN. a. Supple .. ntary reaulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 22.5, Suppleaentary Reaula- tions, unless otherwise provided for in this Ordinance or an amendment hereto. • I • • ' • • • • Rev. 2-22-84 Section 22.4-12 I-1 Light Industrial District The I-1 Industrial District is composed of certain industrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I-1 Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flood the residential streets in the area. The regulations for this District are designed to stabilize and protect the essential characteristics of the District as well as the areas surrounding the District. To these ends, development is limited to light industrial uses plus certain uses providing services to the area, and regulations are established to pro- vide for adequate screening and to govern the District. Both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development; new residential development is excluded from this district, except for ~eei~ieiee-ea-e caretaker FACILITIES AND FOR MOBILE HOME PARKS FOR WHICH A DEVELOPMENT PLAN HAS BEEN APPROVED. IN RECOGNITION OF THE GROWING IMPORTANCE OF MANUFACTURED HOUSING IN THE NATIONAL HOUSING SUPPLY AND THE NECESSITY FOR UPGRADING EXISTING MOBILE HOME PARKS WITHIN THE CITY OF ENGLEWOOD, COLORADO, MOBILE HOME PARKS WILL BE PERMITTED IN THIS ZONE DISTRICT. IN ORDER TO ASSURE THE AMENITIES WITHIN EXISTING MOBILE HOME PARKS THAT WILL BE REHABILITATED OR EXPANDED AND NEW PARXS WHICH MAY BE DEVELOPED, SUCH PARKS SHALL BE CONSTRUCTED IN ACCORDANCE WITH A DEVELOPMENT PLAN, FOR WHICH STANDARDS, SPECIFICATIONS AND REGULATIONS ARE SET FORTH HEREIN. a. Supplementary regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 22.5, Supplementary iagula- tions, unless otherwise provided for in this Ordinance or an a8endment hereto. • I • • • • • • -2- b. Permitted principal uses. No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied, except for one or more of the following uses: {1) ANY USE PERMITTED IN THE B-2 BUSINESS DISTRICT. {2) MOBILE HOME PARK PLANNED DEVELOPMENT, SEE DEVELOPMENT PROCEDURE AND STANDARDS, SECTIONS 22.4-12 m, and 22.4-12 n. (3) Manufacturing, processing and/or fabrication. The manufacturing, processing and/or fabrication, as enuoueruted and limited herein, of any co1111110dity except the following WHICH ARE PROHIBITED: Abrasive&, basic manufacture; Alcoholic distillation; Animal by-products, basic manufacture and processing; Aephalt, manufacture and procesaing; Bone Black, baaic manufacture; Brewery; Carbon black or lamp black, basic manufacture; Charcoal, baaic manufacture; Chemicals, heavy or industrial, basic manufacture or processing; Cinder and cinder blocka, basic manufacture or fabrication; Coal or coke, manufacturing or processing; Concrete and concrete products, manufacture or fabrication; Detergents, soaps and by-products, using animal fat, basic manufacture; Electric power generator station; Fermented fruits and vegetable products, manufacture; Fertilizer&, manufacture or proceaaing; • I • • - • • • • Fungicides, manufacture; Gasses, other than nitrogen and oxygen, manufa ct ure Glass manufacture; Glue and size, manufacture Grain milling; Graphite, manufacture; Gypsum and other forma of plaster base, manufacture; Insecticides, .. nufacture; Insulation, flam.able types, manufacture or fabrication; Hatches, .anufacture; Meat alaughterina; Metals, extraction or smelting; Hatala, inaota, pigs, sheets, or bars, .. nufacture; Metal ahreddtn&, auto shredding and similar operations; Oils aDd fats, ant.al and vegetable, manufacture; -3- Paints, P1a .. nta, eaa.als, japans, lacquers, putty, varniahea, vbitiac and wood fillers, manufacture or fabrication; Paper pulp and cellulose , basic manufacture; Paraffin, .. nufacture; Petroleua and petroleum products, manufacture or processing; Portland and similar ce .. nts, manufacture; Rubber, .. nufacture, or reclaiming; Sawmill or planing mills; Serums, toxins, viru8es, manufacture; Sugars and starches, manufacture; • I • - • • • • • -4- Tannery; Turpentine, manufacture; Wax and wax products, manufacture; Wood preserving by creosoting or other pressure impregnation of wood by preservatives; (4) Sale at wholesale or storage: The sale at wholesale, the warehousing and/or storage of any commodity except the following WHICH ARE PROHIBITED: (a) Live animals; (b) Commercial explosives; (c) Above-ground bulk storage of flammable liquids or gasses, unless and only to the extent that the storage of such liquids or gasses is directly connected with energy or heating devices on the premises or to service railroad locomotives. (5) Sale at retail: The aale at retail of the following: (a) Hardware; (b) Any commodity manufactured, processed, or fabricated OR WAREHOUSED on the premises; fe~--Afty-ee..e4i~y-werehe~eee-en-ehe-pre•ieeeT (c) Equipment, supplies and materials (except commercial explosives) designed especially for use in agriculture, mining, industry, business, transportation, building and other construction; (6) Repair, rental and servicing: The repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which co-.adity is permitted in the District; • I • • • • • • -5- ~5t--hah~~eftee-eervieet ~&t--Aftiae~-heepi~a~T-P~fte-~•~-he-efte~eeee-ift-e-siH-~&t-ieet-se~ie-ieReet ~~t--Afty-~ee-ift~efteee-te-previee-ea~seaeftt-er-efttertetftMeftt-eR-peymeR£ ei-e-iee-er-ae.teeieft-eherset- ~it--iaftltt ~9t--&l.eprift~tft!t ~*9t--G~ftt~-8eft~a~-er-.a4iee~t (7) Contractor yard for vehicles, equipment, materials and/or supplies: A contractor yard for vehicles, equipment, materials, and/or supplies which complies with all of the following conditions: (a) Is properly graded for drainage, surfaces with concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris; (b) Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies; (c) Is provided with entrances and exits so located as to minimize traffic congestion; (d) Is provided with barriers of such type and so located that no parked vehicles will extend beyond the yard space or into the required screening area if adjoining or adjacent to a residential district; (e) Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. ~~at--B4~e•~i-tfta~ie.eieftt ~i~t--Btee~rie-.. ~~•eieftt I • • • • • • -6- ~14~--Gas-reg~la~eP-sEatieftt (8) Greenhouse; ~i&t--haeerateriest ~l+t--hi~~er-s~ere-~sale-ey-paekagett ~l8t--Hetel-er-hetelt ~l9~--He~er-¥ehiele-aer¥iee-er-gaselifte-afte-eil-ser¥iee-s~eti&R8t (9) Newspaper distribution station; ~aH-eUieeet (10) Parking and/or commercial storage of operable vehicles; fi3t--Pe~-e~ereet ta4t--Pri.-.. -e!.ey-leese-e•-•••~erftt~Yt fi§t-~elie-e~il&taa•t (11) Railroad facilities, but not including shops; ta+t--Relisie~e-ifte•~~~ieftet ta&t--Reeea~rafteet ta9t--Se¥taae-ee4-leee-eeeeeiaeieet (12) School for training in occupational skills, enrollment may be open to the public or limited, may include doraitoriea for student• and instructors; t~H--1-*ephe--e .. "-set (13) Terminal for intracity or intercity vehicles for movement of persona or freight; ~Jt--v•~iey-p~•,taa-eeaeieet (13) WAREHOUSING AND/OR STORAGE. (14) ANY SIMILAR LAWFUL USE WHICH, IN THE OPINION OF THE COMMISSION, IS NOT OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR, DUST, SMOKE, FUMES, GAS, HEAT, GLARE, RADIATION OR VIBRATION, OR IS NOT HAZARDOUS TO THE HEALTH AND PROPERTY OF THE SURROUNDING AREA THROUGH DANGER OF FIRE OR EXPLOSION. • I • - • • • • -7- • f~~--We~P-PeseP¥e.PT • • c. PROHIBITED USES. NO SALES OR SERVICE ACTIVITY SHALL BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE WHEN A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. d. Maximum gross floor area in structures. The sum total of the gross floor area in all structures on a lot, excluding the gross floor area of off-street parking garages, shall be not greater than two (2) times the area of the lot on which the structures are located. THIS DOES NOT APPLY TO MOBILE HOME PARKS. e. Minimum yeP4 SETBACK. Where an I-1 building site abuts upon, adjoins or is adjacent to a residential zone district, a setback of ten (10) feet is required except as provided in Section 22.4-13 j. THIS DOES NOT APPLY TO MOBILE HOME PARKS. f. Kini.um private off-street parking. (See Supplementary Regulations.) g. Kint.ua private off-street loading. (See Supplementary Regulations.) h. Accessory buildings and permitted accessory uses. Any accessory buildina or uae incidental only to a permitted principal uae, which acceasory building or use complies with all of the following conditions: (1) MOBILE HOKE PAIX PLANNED DEVELOPMENT (a) SERVICE BUILDING. (b) PARK OFFICE AND MANAGER'S LIVING UNIT. (c) RECREATIONAL FACILITIES, BOTH lNDOOR AND OUTDOOR, PROVIDED FOR THE USE OF OCCUPANTS OF THE PARK AND THEIR GUESTS • (d) STORAGE UNITS AND BUILDINGS . • I • • - ' • • • • -8- (e) PRIVATE OFF-STREET PARKING, HAY BE ENCLOSED. (f) VENDING MACHINES FOR THE CONVENIENCE OF THE OCCUPANTS OF THE PARK, I.E., SOFT DRINK, CANDY OR ICE-DISPENSING MACHINES. (g) DAY CARE CENTER. (h) RESTRICTION ON SALES LOT. NO SALES LOT FOR MOBILE HOMES OR OTHER MOVABLE DWELLINGS OR COMPONENT MODULARS SHALL BE PERMITTED IN THIS DISTRICT; BUT THIS LIMITATION IS NOT INTENDED TO PROHIBIT THE SALE OF A MOBILE HOME FROM THE LOT IT OCCUPIES. (2) ALL OTHER PERMITTED PRINCIPAL USES. THE ACCESSORY USE SHALL: (a) le BE clearly incidental and customary to and commony associated with the operation of the Permitted Principal Use. {b) le BE operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as the Permitted Principal Use. (c) Beee Not include structures or structural features inconsistent with the Peraitted Principal Uae. (d) Beee Not include residential occupancy e•eep~ OTHER THAN by caretakers or watchmen; (e) lf-epePaee4-paP~ielly-eP~eft~irely-ift-ee~eehee-e~••e~vPeay-a•eh ee•eehe4-e•.-e•••ee-ehell Be limited to a gross floor area of not more than ten (10) percent of the area of the lot on which the Permitted Principal Use is located, IF THE ACCESSORY USE IS OPERATED PARTIALLY OR ENTIRELY IN DETACHED STRUCTURES. (f) NOT BE GREATER THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA OF THE STRUCTURE CONTAINING THE PERMITTED PRINCIPAL USE if operated partially or entirely within the structure containing the Peraitted Principal use •he-apeee-tieep-epee-wi•hiR-.. eh • I • • • • • • • • • -9- atr~et~re~t~l~eee-&y-aeeeaaery-~aea (except garages, loading docks and company dining rooms). ahali-&e-ftet-greater-theft-teft fl9~-pereeftt-ei-the-greaa-ileer-aree-ei-the-etr~et~re-eefttaift~ftg the-Peraittee-Prifte~pal-YeeT i. Conditional uses. Provided the public interest is fully protected and the following uses are approved by the City Planning and Zoning Commission a nd City Council: (1) Uses (a) Automobile Wrecking Yards and Junk Yards. (i) Any automobile wrecking yard or junk yard opened after the effective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one acre but not (11) to exceed one and one-half acres. Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance or any existing automobile wrecking yard or junk yard expanded under the provisions of this Ordinance, shall be set back no lees than 150 feet from the boundary line of any residential er •ee•eeRt.el-pretessieftel zone district. (iii) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this Ordinance shall be enclosed on its perimeter with a solid, nontransparent vertical wall (iv) or fence with a minimum height of six {6) feet and a maximum of twelve (12) feet measured from ground level. Fences of woven wire or chainlink material shall be prohibited. Any automobile wrecking or junk yard approved pursuant to the provisions of this Ordinance and all yards existing • I • • - • • • • -lO- on the effective date of this Ordinance shall comply with Section 1 through 11, inclusive, Chapter 2, Title VI of the 1969 Englewood Municipal Code, as amended, entitled Auto wrecking and junk yards, and all other applicable codes or ordinances. (v) Any automobile wrecking yard or junk yard which is licensed by the City of Englewood on the effective date of this Ordinance shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard may be expanded onto abutting property provided that such expanded yard conforms to the requirements of this and any other applicable codes or ordinances. (b) Adult Entertain.ent and/or Service Facility. (i) No adult entertainment or service facility shall be located on any site unless such site is not less than the distance limitation as required by this section: A. 1,000 feet from the location of another such facility; and B. 500 feet from the boundary line of any residential district defined in the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, including, but not limited to, R-1-A, R-1-B, R-1-C, R-2, R-2-C, R,3, or R-4 or similar zone district in an area adjoining the City of Englewood, or any religious institution, public park, public library, community center, or educational institution, whether within or without the City of Englewood. c. Keaaure .. nt of distances. All distances provided herein shall be .. asured as follows: 1. With reapect to the distance betw .. n a location • I • • ( c • ( • • • • -11- for which an adult entertainment or service facility is proposed and a location where such a facility exists, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of the existing licensed premises. 2. With respect to the distance from the boundary line of a residential district or any religious institution, public park, public library, community center, or educational institution, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the district boundary line; or in the case of a religious institution, public park, public library, community center, or educational institution, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the proparty line of a religious institution, public park, public library, co .. unity center, or educational institution • 3. Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no permit has been issued for the construction of a building, all distances • I • • - c ( j. • ( • • • • -12- shall be measured from the nearest point of the property line of the land proposed as a location for an adult entertainment or service facility. Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which a permit has been issued for the construction of a permanent building for such use, all distances shall be measured from the nearest point of the property line as shown on the survey of such parcel of land. {c) AMUSEMENT ESTABLISHMENTS INCLUDING, BUT NOT LIMITED TO, BILLIARD HALLS, BOWLING ALLEYS, COIN-OPERATED GAMES, DANCE HALLS, ELECTRONIC OR VIDEO GAMES, NIGHT CLUBS, OUTDOOR COMMERCIAL RECREATIONAL FACILITIES, POOL HALLS, OR SKATING RINKS. Limitations on external effects of uses. Every use established or placed into operation after the effective date of this ordinance ahall comply forthwith with the following limitations. All uaes establiahed and in operation on the effective date of thia ordinance shall be made to comply with the following limitations on or before January 1, 1977: (1) Volume of sound generated. Every use, unless expressly exempted by this ordinance, shall be so operated that the volume of sound inherently and recurrently generated does not exceed seventy {70) decibels at any point of any boundary line of the lot on which the use is located • (2) Vibration generated. Every use shall be so operated that the ground vibration inherently and recurrently generated ie not perceptible, without instrumenta, at any point of any boundary line of the lot on which the uae ia located • • I • • - ( ( ( • • • • -13- (3) Emission of heat, glare, radiation, dust and fumes. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which the use is located. (4) Outdoor storage and waste disposal. (a) No highly flammable or explosive liquids, solids or gasses shall be stored in bulk above ground. Tanks or drums of fuel for railroad locomotive fueling or directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision; (b) All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be encloaed by a solid fence or wall adequate to conceal such facilities, fuel, raw materials and products from adjacent residential districts; provided, however, that such fence or wall need not exceed eight {8) feet in height; {c) No materials or wastes shall be deposited upon a lot in such form or aanner that they may be transferred off the lot by natural causes. {5) LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. It. Screening. In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, adjoin or are adjacent, one to the other, it is deemed necessary that the owner of the use in the industrial aone district take certain .. aaures to protact those persons in the residential district. PERSONS IN THE RESIDENTIAL DISTRICT SHALL BE PROTECTED from the possible adverse affects of the noiee and lights from cars, the passage of materials or wastes from parking lots, • I • - - ' • • • • • -14- loading areas and storage yards and to discourage juveniles from trespassing in hazardous areas where the storage of equipment and supplies may create an attractive nuisance. ONE OF the following provisions are SHALL BE applied: {1) SETBACK/SCREENING IN ADDITION TO THE LANDSCAPING REQUIREMENTS. i~-~e-prineipel-peraieeea-~ee-ie-wiehin-a-&~ileinsT-ana-ehe-e~ileins en~••nee-ieeee-~he-Peeieen~iel-eene-eie~•ie~T There shall be no less than a ten (10) foot setback in-i•en~-e~-ehe-&~ileins-ene-ehee FROM THE PROPERTY LINE WHERE IT ABUTS, ADJOINS OR IS ADJACENT TO A RESIDENTIAL DISTRICT. THE SETBACK area shall be landscaped with lawn, trees and shrubs of both a deciduous and evergreen variety. ihe-leneeeepins aey-ee-eeeeneee-&y-~he-eeei~ienel-~se-ei-ernemenesl-iese~res-s~eh es-&Pi~eweeeT-PeekT-ie~neeina-e•-ee;eees-ei-areT SUCH LANDSCAPING PLAN SHALL BE FILED WITH THE BUILDING PERMIT APPLICATION. {2) SOLID FENCE: AS AN ALTERNATIVE TO SEC. {1) ii The portion of the e~ileins-eiee PROPERTY which abuts upon, adjoins or is adjacent to the residential zone district ie-aee-ehe &~ileins-e••••aeeT-e~e-ia-~aee-ier-eii-aePeee-perk!asT-iaeeias-e• ~he-e._ .. ,._ei-..•i,..aeT-..~•iele-eaeler-e•pplieeT-•he .. -• .. e shall be enclosed by a decorative, closed-face or solid concrete, block, wood, or brick well FENCE not leas than six {6) feet high, which well FENCE need not be set back from the property line. NO BUILDING OR PORTION THEREOF QUALIFIES AS A WALL, SCREENING OR FENCE UNDER THE PROVISIONS OF THIS SECTION. An exception to this provision shall be made as necessary at an interaection or at an entrance to an alley or driveway in order not to obstruct the viev of a .atorist; this can be done by reducing the height of the fence or vall or the plantings for such distance and to such extent as required by the BUILDING DIVISION. • I • - • • • • • • • • -15- 1. LANDSCAPING. SEE SECTION 22.4-19. LANDSCAPING ORDINANCE. m. PROCEDURE FOR DEVELOPMENT OF MOBILE HOME PARKS. (1) MOBILE HOME PARK DEVELOPMENT PLAN REQUIRED. AT THE TUIE THE APPLICATION IS SUBMITTED FOR THE MOBILE HOME PARK PLANNED DEVELOPMENT, EITHER FOR THE EXPANSION OF AN EXISTING PARK OR FOR A NEW PARK; THE APPLICANT SHALL SUBMIT TWENTY-FIVE (25) COPIES OF A DEVELOPMENT PLAN FOR THE PROPOSED PAR¥.. THIS PLAN SHALL COMPLY WITH ALL APPLICABLE CITY CODES AND WITH THE PROVISIONS OF THIS CHAPTER AND SHALL INCLUDE ALL OF THE INFORMATION IN SECTION n (2) HEREOF. (2} THE PROCEDURE FOR PROCESSING THE DEVELOPMENT PLAN SHALL BE IN ACCORDANCE WITH SECTION 22.4A OF THE COMPREHENSIVE ZONING ORDINANCE; HOWEVER, WHERE ADDITIONAL INFORMATION OR SPECIFIC PROCEDURE IS REQUIRED HEREIN, THOSE PROVISIONS SHALL PREVAIL. n. STANDARDS FOR DEVELOPMENT OF MOBILE HOME PARKS. (1} MOBILE HOME PAH SITE LOCATION. THE MOBILE HOKE PARI( SHALL BE LOCATED ON A WELL-DRAINED SITE, SHALL NOT BE WITHIN THE LINES OF A HUNDRED YEAR FLOOD PLAIN OR FLOOD HAZARD AREA, AND THE SITE SHALL BE MADE FREE F10M MARSHES, SWAMPS, OR OTHER POTENTIAL BREEDING PLACES FOR INSECTS OR RODENTS. THE SITE SHOULD NOT BE EXPOSED TO UNDUE CHRONIC NUISANCES SUCH AS NOISE, SMOKE, PUKES OR ODORS. THE TOPOGRAPHY ON THE MOBILE HOKE PARK SITE SHOULD BE FAVORABLE TO MINIMUM GRAD INC, MOBILE HOME PLACEMENT AND EASE OF MAINTENANCE. TilE LONGITUDINAL GRADE FOR THE INDIVIDUAL SPACE SHALL NOT EXCEED FIVE (5} PERCENT AND AN ADEQUATE CROWN OR CROSS-GRADIENT FOR SURFACE DRAINAGE SHALL BE PROVIDED. (2) INFORMATION TO ACCOMPANY THE MOBILE HOME PARK DEVELOPMENT PLAN. A COMPLETE DEVELOPMENT PLAN FOR THE PURPOSE OF OBTAINING A MOilLE • I • - • • • • • • -16- HOME PARK PERMIT SHALL BE DRAWN TO SCALE (NOT LESS THAN 1" EQUALS 20') AND SHALL SHOW OR STATE: (a) THE AREA AND DIMENSIONS OF THE TRACT OF LAND. (b) CONTOURS WHEN TOPOGRAPHY IS A DESIGN FACTOR ANU 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 LOCATION OF THE INDIVIDUAL STORAGE BUILDING, FENCING, OUTDOOR LIVABILITY AREA, AND SERVICE SPACE. (d) THE LOCATION AND WIDTH OF ALL INTERNAL ROADWAYS AND SIDEWALKS. (e) THE LOCATION AND SIZE OF AUTOMOBILE PARKING LOTS AND LAYOUT OF PARKING SPACES 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 DEVELOPMENT OF RECREATION FACILITIES AND OTHER OPEN AREAS, EXCLUDING PARKING AND MANEUVERING AREAS. (h) THE SIZE AND LOCATION OF EXISTING AND PROPOSED WATER AND SEWER CONNECTIONS, LOCATION OF FIRE HYDRANTS, AND METHODS TO BE USED FOR TRASH AND GARBAGE DISPOSAL. (1) DESIGNATED FIRE LANES. (j) ADJACENT STREETS, SHOWING RIGHTS-OF-WAY AND ROADWAY WIDTHS. (k) ADJACENT BUILDINGS, SHOWING OUTLINES OF THE BUILDINGS AND THE NUMBER OF FLOORS • (1) PLANS AND SPECIFICATIONS FOR ALL BUILDINGS, UTILITIES AND OTHER IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED WITHIN THE PARK. (a) ANY ADDITIONAL INFORMATION WHICH WILL AID IN THE CONSIDERATION OF THE PROPOSED MOBILE HOME PARK DEVELOPMENT PLAN • • I • • • • • • -17- (3) MINIMUM AREA OF MOBILE HOME PARK. (a) MOBILE HOME PARK .•.••..••...•...•.••.••... EIGHT (8) ACRES (4) MAXIMUM DENSITY. (a) MOBILE HOME PARK •••.•.......••..•.......•. EIGHT (8) MOBILE HOME DWELLING UNIT SPACES PER ACRE. (5) MAXIMUM LOT COVERAGE. THE MAXIMUM COVERAGE OF THE MOBILE HOME LOT SHALL BE 35% EXCEPT AS PROVIDED HEREIN: (a) WHj;RE A R001' AR~:A, SUCII AS A CARPORT OR OUTOOOR RECREATION SHELTERS, IS OPj;N FOR 50 PERCENT OR MORE OF ITS l'ERlHETER, lTS LOT COVERAGE SHALL BE COMPUTED AS ONE-HALF THE AREA COVERED BY THE ROOF. (b) WHERE THE LOT IS ADJACENT, AND HAS ACCESS TO IMPROVED COMMON OPEN SPACE, OTHER THAN VEHICULAR AREAS, AND NOT LESS THAN 20 FEET IN WIDTH, AN ADDITIONAL 5 PERCENT OF THE LOT MAY BE OCCUPIED. (6) MINIMUM LOT DIMENSIONS AND SHAPES. MINIMUM LOT WIDTHS AND AREAS SHALL BE AS REQUIRED TO MEET LOT COVERAGE AND YARD, MOBILE HOKE AND BUILDING SPACING, AND OTHER "REQUIREMENTS AS SET FORTH HEREIN. SO LONG AS THESE REQUIREMENTS AJlE MET, AND THE RESULTING LAYOUT OF THE LOTS IS FUNCTIONAL AND PROVIDES FOR EFFICIENT PROVISION OF UTILITIES AND FOR CONVENIENT PEDESTRIAN AND VEHICULAR ACCESS, LOT LINES SHALL NOT BE REQUIRED TO BE PERPENDICULAR TO STREETS OR RADIAL TO CURVES, AND LOT SHAPES MAY TAXE ANY FORM, PROVIDED, HOWEVER, THAT IN NO CASE SHALL ANY AJlEA ON THE LOT HOllE THAN 50 FEET FROM ntE MOBILE HOKE, NOll ANY PORTION OF THE LOT LESS THAN 10 FEET IN MINIMUM DIKENSION BETWEEN OPPOSING LOT LINES, BE INCLUDED IN llEQUlllED LOT Oil OPEN SPACE AREA • • I • • - ( • • • • • -18- (7) EXTERIOR YARDS. (a) ADJOINING PUBLIC STREETS. WHERE ONE OR MORE BOUNDARIES OF THE MOBILE HOME PARK PLANNED DEVELOPMENT ADJOIN PUBLIC STREETS, AN EXTERIOR YARD OF AT LEAST l~ENTY-FIVE (25) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (b) ADJOINING ALLEYS. WHERE THE BOUNDARY OF A MOBILE HOME PARK PLANNED DEVELOPMENT ADJOINS AN ALLEY, AN EXTERIOR YARD OF AT LEA ST TEN (10) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. (c) ADJOINING A RESIDENTIAL DISTRICT. WHERE A MOBILE HOME PARK PLANNED DEVELOPMENT ADJOINS A RESIDENTIAL DISTRICT (R-1, R-2, R-3 or R-4) WITHOUT AN INTERVENING STREET OR ALLEY, AN EXTERIOR YARD OF AT LEAST TWENTY (20) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. {d) ADJOINING A BUSINESS OR INDUSTRIAL DISTRICT. WHERE A MOBILE HOME PARK PLANNED DEVELOPMENT ADJOINS A BUSINESS OR INDUSTRIAL DISTRICT (B-1, B-2, I-1, I-2) WITHOUT AN INTERVENING STREET OR ALLEY, AN EXTERIOR YARD OF AT LEAST TWENTY (20) FEET IN DEPTH SHALL BE PROVIDED ADJACENT TO SUCH BOUNDARY. {e) EXCEPTIONS. IF DETERMINED NECESSARY IN ORDER TO PROVIDE PROTECTION TO RESIDENTS WITHIN A MOBILE HOME PARK DEVELOPMENT FROH EXCESSIVE TRAFFIC NOISE, LIGHTS OR OTHER ADVERSE INFLUENCES FROH OUTSIDE OF THE DEVELOPMENT, A GREATER DEPTH AND/OR APPROVED SCREEN PLANTING, WALLS OR FENCES HAY BE REQUIRED IN AN EXTERIOR YARD • SUCH DETERMINATION SHALL BE HADE BY THE CITY PLANNING AND ZONING COHHISSION IN CONJUNCTION WITH THE CONSIDERATION OF THE I • • • • • • • -19- MOBILE HOME PARK PLANNED DEVELOPMENT PLAN. (f) INCLUSION AS PART OF INDIVIDUAL LOTS AND YARDS. EXCEPT AS OTHERWISE HAY BE SPECIFICALLY PROVIDED, THE 1\X'L'EIUOI! YARn MAY IH: fNCLUIJEIJ fN lNIHV I:OliAL LOTS ANn USEIJ '1'0 MEET YARD OR AREA REQUmEMENTS FOR TilE MOIIILE HOME THEREON, IF THE EXTERIOR YARD IS Al'l'ROPRIATELY LOCATED AND lMPROVED. (g) LIMITATIONS ON USE OF EXTERIOR YARDS ADJOINING RESIDENTIAL DISTRICTS. NO GROUP PARKING ~'ACILI'l'IES AND NO AC'l'IVE RECREA'l'ION FACILlTIES FOR COMMON USE SHALL llE LOCATED IN ANY REQUiRED EXTERIOI: YARD ADJOINING LOTS IN A RESIDENTIAL DISTRICT. (8) LIVABILITY OPEN SPACE ON LOTS. LIVABILITY OPEN SPACE SHALL BE PROVIDED ON LOTS FOR MOBILE HOMES IN AN AMOUNT EQUAL TO NOT LESS THAN TEN (10) PERCENT OF THE LOT AREA, PROVIDED THAT IN NO CASE SHALL THE REQUIRED LIVABILITY SPACE BE LESS THAN 300 SQUARE FEET. SUCH REQUIRED LIVABILITY SPACE SHALL HAVE A LEAST DIMENSION OF NOT LESS THAN FIFTEEN (15) FEET. SUCH SPACE SHALL BE LOCATED FOR PRIVACY, CONVENIENCE AND OPTIMUM USE AND SHALL BE WALLED, FENCED OR PLANTED TO ASSURE REASONABLE PRIVACY. WITHIN SUCH AREA, AN AREA SUITABLY SURFACED FOR THE PLACEMENT OF GARDEN OR LAWN FURNITURE SHALL BE PROVIDED, WHICH SURFACED AREA SHALL BE NOT LESS THAN 100 SQUARE FEET IN AREA WITH A LEAST DIMENSION OF TEN FEET. THE SURFACED AREA MAY BE A MOVABLE ELEMENT IN ORDER TO PERMIT MAXIMUM FLEXIBILITY IN PROVIDING FOR A VARIETY OF MOBILE HOME WIDTHS, FLOOR PLANS AND LOCATIONS ON THE LOT. THIS AREA MAY BE COVUED WITH A ROOF, CREATING A RECREATIONAL SHELTER, SUBJECT TO LIMITATIONS ON MAXIMUM LOT COVERAGE. PARKING AREAS AND DRIVEWAYS SHALL NOT BE INCLUDED IN REQUIRED LIVABILITY OPEN SPACE • • I • • - • • • l • f • • • • -21- MAJOR WINDOWS AND/OR GLASSED DOORS. PRIME CONSIDERATION HERE IS DIRECT VIEW OF, AND CONVENIENT ACCESS TO, OUTDOOR LIVABILITY SPACE. IN CASES WHERE TWO WALLS OF THE DWELLING UNIT PROVIDE THIS TYPE OF EXPOSURE FROM THE LIVING ROOM, EITHER MAY BE SEJ,ECTED AS THE CLASS A EXPOSURE, AND THE OTHER SHALL BE CONSIDERED CLASS C. CLASS A EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS A EXPOSURES SHALL BE 15 FEET. THE CLASS A EXPOSURE SHALL BE TO LIVABILITY SPACE, REQUIRED OR OTHER, ON THE LOT, AND NOT TO PARKING AREA OR DRIVE- WAY AREA. B. CLASS B -PORTIONS OF WALLS CONTAINING THE ONLY WINDOWS FOR BEDROOMS, OR PRINCIPAL WINDOWS AND/OR GLASSED DOORS FOR BEDROOMS, WHERE PRIVACY, MODERATE OUTLOOK, AND LIGHT AND AIR ARE PRINCIPAL CONSIDERATIONS. CLASS B EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS B EXPOSURES SHALL BE 10 FEET. THIS MAY INCLUDE LIVABILITY OPEN SPACE, AND PARKING AND DRIVEWAY AREAS ON THE LOT • C. CLASS C -PORTIONS OF WALLS CONTAINING SECONDARY WINDOWS FOR BEDROOMS, WINDOWS FOR KITCHENS, BATHROOMS, UTILITY ROOMS, AND THE LIKE, SECONDARY WINDOWS FOR LIVING ROOMS, OR EXTERIOR DOORS OTHER THAN ENTRIES WITH CLASS A ORIENTATION, WHERE WINDOWS INVOLVED DO NOT INVOLVE PRIVACY OR ARE SO LOCATED, SHIELDED, OR ARE OF SUCH A NATURE THAT NECESSARY PRIVACY IS ASSURED, AND WHERE LIGHT, AIR, AND FIRE PROTECTION • I • • .. ·.- f • • • • -20- (a) YARDS, OPEN SPACE ADJACENT TO MOBILE HOME UNITS AND SPACING OF UNITS. (1) INTENT. YARDS AND OTHER OPEN SPACES REQUIRED HEREIN IN RELATION TO THE MOBILE HOME DWELLING UNITS ARE INTENDED TO PERFORM A VARIETY OF FUNCTIONS. AMONG THESE ARE TO ASSUR E ADEQUATE PRIVACY, AND TO PROVIDE USABLE OUTDOOR LIVING SPACE, A DESIRABLe OUTLOOK FROM THE PRINCIPAL LIVING ROOM EXPOSURE, NATURAL LIGHT AND VeNTILATION, ACCESS TO AND AROUND THE UNITS, OFF-STReET PARKING AND SPACING BETWiiEN THE MOBILE HOME DWELLINGS AND BETWEEN THE DWELLING UNIT AND OTHER BUILDINGS FOR REDUCING POTENTIAL ADVERSE EFFECTS OF NOISE, ODOR, GLARE, OR HAZARDS FROM FIRE. IT IS INTENDED IN THESE REGULATIONS TO RELATE REQUIREMENTS TO PERFORMANCE OF THESE FUNCTIONS, ALLOWING MAXIMUM FLEXIBILITY IN DETAILED SITE PLANNING PLANNING AND USE IN SO LONG AS PERFORMANCE STANDARDS ARE MET. (11) DWELLING UNIT EXPOSURE AND OUTLOOK. FOR PURPOSES OF RELATING REQUIREMENTS TO FUNCITON, YARDS, AND OTHER OPEN SPACES AROUND THE MOBILE HOME DWELLING UNITS, DISTANCES BETWEEN DWELLING UNITS AND OTHER BUILDINGS SHALL BE DETERMINED BY EXPOSURES AND OUTLOOKS FROM THE PORTIONS OF THE DWELLING UNITS INVOLVED. EXPOSURES OF PORTIONS OF DWELLING UNITS AND THE MINIMUM OPEN SPACE DEPTH ARE DEFINED AND CLASSIFIED AS FOLLOWS: A. CLASS A -PORTIONS OF WALLS CONTAINING PRINCIPAL LIVING ROOM EXPOSURE TO OUTDOOR LIVING AREA THROUGH • I • - ·.· • • • • • -22- ARE PRINCIPAL CONSIDERATIONS. CLASS C EXPOSURES. MINIMUM OPEN SPACE DEPTH FOR CLASS C EXPOSURES SHALL BE 8 FEET. THIS MAY INCLUDE THE SAME TYPES OF OPEN SPACE AS FOR B. D. CLASS D -PORTIONS OF WALLS CONTAINING NO WINDOWS, DOORS, OR OTHER OPENINGS, BUT NOT SO CONS'l'RUC'l'I':D OR SAFEGUARDED AS TO BE SUITABLE FOR ATTACHMENT TO OTHER DWELLING UNITS OR PRINCIPAL BUILDINGS. PRINCIPAL CONCERN IN SUCH CASES IS WITH nRE PROTECTION. CLASS D EXPOSURES. MINIMUM OPEN SPACE Dt:PTH FOR CLASS D EXPOSURES SHALL BE 5 FEET. THIS HAY INCLUDE THE SAME TYPES OF OPEN SPACE AS FOR B. E. CLASS E -PORTIONS OF WALLS CONTAINING NO WINDOWS, DOORS, OR OTHER OPENINGS, AND SO CONSTRUCTED OR SAFE- GUARDED AS TO PROVIDE AT LEAST ONE-HOUR FIRE PROTECTION IF IT WERE ATTACHED TO ANOTHER MOBILE HOME DWELLING UNIT OR TO A PERKITTED BUILDING. CLASS E EXPOSURES. NO MINIMUM OPEN SPACE DEPTH REQUIREMENTS. (9) DISTANCE TO COHHON AREAS. EXCEPT AS PROVIDED ABOVE, DISTANCE FROM ANY EXPOSURE TO A STREET PAVEMENT OR TO THE EDGE OF A COMMON DRIVEWAY, A COMMON PARKING AREA, A COMMON WAU, Oil OTHER COHHON AREA SHALL BE AT LEAST 8 FEET. FOR CLASS A EXPOSURE, THIS DISTANCE SHALL BE AT LEAST 15 FEET. CARPORTS OPEN IN A HANNER WHICH ASSURES COMPLIANCE WITH THE PROVISIONS OF Section (5) (HAXIMUM LOT COVERAGE) HAY EXTEND TO W£THIN 4 FEET OF A COM- MON SIDEWAT.K ADJACENT TO A STREET OR COMMON PARKING AREA, OR TO WITHIN 4 FF.ET • I • • - ·.· • • • • • -23- OF THE STREET PAVEMENT OR COHHON PARKING AREA IF NO SUCH SIDEWALK IS INVOLVED: BUT THE CARPORT MAY NOT BE IN THE REQUIRED LIVABILITY SPACE OR IN ANY PORTION OF THE OPEN SPACE WHICH CONSTITUTES A CLASS A EXPOSURE. (10) CARPORTS, INDIVIDUAL RECREATIONAL SHELTERS, STORAGE FACILITIES IN REQUIRED OPEN SPACE. (a) CARPORT. A CARPORT ENCLOSED FOR 50 PERCENT OR LESS OF lTS PER LHETER, ANil Wf'fl-1 EN<:LOSURE OF 10 I'Eit<:ENT OR LESS 01' TilE PORT LON 01' l'l'S PERIMETER OPPOSITE ANY CLASS B OR <: mlPOSURE, HAY BE LOCATED IN ANY PORTION OF THE OPEN SPACE ON THE LOT WHICH IS NOT REQUIRED LIVABILITY SPACE AND DOES NOT CONSTITUTE CLASS A EXPOSURE. (b) INDIVIDUAL RECREATIONAL SHELTER. AN INDIVIDUAL RECREATIONAL SHELTER (AS DESCRIBED IN SECTION ~ ENCLOSED FOR 50 PERCENT OR LESS OF ITS PERIMETER IN A MANNER WHICH DOES NOT CONSTITUTE UNDESIRABLE IMPEDIMENT TO VIEW OR FIRE HAZARD MAY BE LOCATED IN ANY LIVABILITY SPACE ON THE LOT. (c) STORAGE FACILITIES. STORAGE FACILITIES MAY BE INCLUDED AS PART OF THE ENCLOSURE FOR CARPORTS AND RECREATIONAL STRUCTURES SUBJECT TO THE LIMITATIONS SET PORTH ABOVE. INDEPENDENT STORAGE STRUCTURES CONTAINING NOT MORE THAN 100 CUBIC FEET OF STORAGE SPACE MAY BE LOCATED IN ANY PORTION OF REQUIRED OPEN SPACE ON THE LOT, PROVIDED THAT AS LOCATED AND CONSTRUCTED SUCH STRUCTURES 00 NOT CONSTITUTE UNDESIRABLE IMPEDIMENTS TO VIEW OR FIRE HAZARDS. (11) SPACING OF MOBILE HOKE DWELLING UNITS ON ADJACENT LOTS. MINIMUM REQUIRED DISTANCES BETWEEN MOBILE HOME DWELLING UNITS, OR ADDITIONS THERETO ENCLOSED FOR HO•E THAN 50 PERCENT OF THEIR PERIMETE~, • I • - ·.· • ' • • • • -24- SHALL BE THE SUM OF THE REQUIRED DISTANCES FOR THE EXPOSURES INVOLVED. (12) EQUIVALENT SPACING ALTERNATIVE. AS AN ALTERNATIVE TO PROVIDING REQUIRED OPEN SPACE BETWEEN UNITS OR PORTIONS OF UNITS AS THE SUM OF ADJOINING OPEN SPACES ON INDIVIDUAL LOTS, WHERE EQUIVALENT SPACING CAN BE ASSURED IN A FORM APPROPRIATE TO THE EXPOSURES INVOLVED BY DECREASING CLEARANCE FROM THE LOT LINE ON ONE LOT AND INCREASING CLEARANCE FROM THE LOT LINE ON THE OTHER, THIS ARRANGEMENT MAY BE PERMITTED, PROVIDED Tl~T ACC ESS FOR SERVICING AND MAINTENANCE OF UNITS INVOLVED CAN BE ASSURED, AND FUIU'Ili~R l'ROVllli•:O '1'111\'1' HI N LMUM Ol'liN SPACE IHWJ'II FOit CLASS A EXI'OSllln:s SHALL BE LOCATED ON THE SAME LOT AS THE UNIT. THUS, FOR EXAMPLE, IN A ROW OF LOTS ON WHICH CLASS A EXPOSURES FACED CI~SS C liXPOSURES, CALLING FOR MINIMUM OPEN SPACE DEPTH OF 15 FEET ON THE LOTS WITH CLASS A EXPOSURE AND 8 FEET ON THE LOTS WITH CLASS C, THE UNITS COULD ALL BE MOVED TO THE LOT LINE ON THE CLASS C J::XPOSURE SIDE IF THE MINIMUM DEPTH ON THE CLASS A EXPOSURE SIDE WAS INCREASED TO 23 FEET. (13) OCCUPANCY OF MOBILE HOMES. (a) NO MOBILE HOKE SHALL HEllEAFTEll BE OCCUPIED UNLESS IT IS PAllKED IN AN APPllOVED MOBILE HOKE PARK. (b) NO MOBILE HOME SHALL BE OCCUPIED IN A MOBILE HOME PAllX UNLESS THE MOBILE HOME IS SITUATED WITHIN A DESIGNATED SPACE AND ON A HUD APPllOVED FOUNDATION Oil ON A CONCllETE SLAB OF NOT LESS THAN FOUR (4) INCHES IN THICKNESS AND NO SMALLER THAN THE OUTSIDE DIMENSIONS OF THE MOBILE HOME TO BE ACCOHHODATED. (c) JACKS, OR STABILIZERS, OR PRECAST CONCllETE BLOCK WITH A BASE NOT LESS THAN 16" x 16" x 4", MUST BE PLACED UNDEll THE FRAME OF nlE MOBILE HOME TO PllEVENT MOVEMENT ON THE SPliNGS WHILE THE HOME IS PAUED FOR OCCUPANCY . • I • • - • f • • • • -:l5- (14) SKIRTING. ALL MOBILE HOMES SHALL BE PERMANENTLY SITED ACCORDING TO HUD STANDARDS OR SHALL BE COMPLETELY ENCLOSED FROM THE FLOOR TO THE GROUND WITH A NONCOMBUSTIBLE MATERIAL. ENCLOSURES SHALL BE VENTED BY THE INSTALLATION OF TWO (2) OPENINGS NOT LESS THAN ONE (1) SQUARE FOOT EACH, LOCATED AT DIAGONAL CORNERS FROM EACH OTHER AND COVERED WITH A CORROSION-RE- SISTANT SCREEN OR GRILL HAVING OPENINGS NOT LESS THAN ONE-QUARTER INCH ("'") NOR MORE THAN ONE-HALF INCH (~") IN ANY DIKENS ION. ONE ACCESS DOOR, A MINIMUM OF EIGHTEEN INCHES BY TWI'NTY-FOUR INCHES (18" x 24"), SHALL BE INS'l'ALLE() IN THE SKIRTING AHI~D OF TilE FRONT AXLE AND ONE BEHIND THE REAR AXLE OF THE MOBILE HOME. (15) MOBILE HOME WIND SECURITY. EACH MOBILE HOME IN A MOBILE HOME PARK SHALL BE PROTECTED AGAINST WIND FORCES BY THE INSTALLATION OF OVERHEAD TIES AND FRAME TIES ANCHORING THE HOKE SECURELY TO THE GROUND, AS FOLLOWS: (a) REQUIRED NUMBER AND TYPE OF TIES. (1) MOBILE HOKES 30' -50' 3 FRAME TIES PER SIDE. (11) MOBILE HOMES 50' -70' 4 FRAME TIES PER SIDE. (111) MOBILE HOKES OVER 70' --5 FRAME TIES PER SIDE. (1v) OVER-THE-HOKE TIES AS CLOSE TO EACH END AS POSSIBLE WITH STRAPS AT STUD END AND RAFTER LOCATION. (v) POSTS FOR CABANAS AND AWNINGS MUST BE SECURELY ANCHORED TO A CONCRETE PATIO OR EQUIVALENT FOOTING. (b) ANCHORING SPECIFICATIONS • (1) AUGER OR DEADHAN TYPE ANCHORS, 6" IN DIAKETEll. ARROWHEAD TYPE ANCHORS, 8" IN DIAMETER. (11) AUGER OR. ARROWHEAD ANCHORS SHOULD BE SUNK TO DEPTH OF FOUl FEET. "DEADMAN" TYPE ANCHORS SHOULD BE SUNK TO • I • • • • • • -26- depth of five feet. (iii) ANCHOR ROD, 5/8" DIAMETER WITH ENDS WELDED CLOSED TO FORK AN EYE. MUST BE HOOKED INTO CONCRETE WHERE USED IN DEADMAN ANCHORS. (c) TIE AND CONNECTOR SPECIFICATIONS. (i) TIES SHALL BE GALVANIZED STEEL STRAPS lit" x .035 OR WOVEN WIRE, GALVANIZED OR STAINLESS STEEL CABLE 3/8" DIAMETER OR ~" AIRCRAFT CABLE. (ii) CONNECTORS SHALL BE TURNBUCKLES 5/8" DIAMETER OF DROP FORGED STEEL WlTH ENDS WELllED OR FORCED Cl.OStm TO FOIU'I AN EYE OR OTHER TENSIONING DEVICES OF SIMILAR STRENGTH. (16) STANDARDS !>'OR STREI!."T SYSTiiH. (a) THE STREET SYSTEM WITHIN THE PARK SHALL BE SO DESIGNED THAT ACCESS TO ALL LOTS USED FOR PARKING MOBILE HOMES SHALL BE FROM WITHIN THE PARK. NO LOT SHALL BE SO LAID OUT OR IMPROVED AS TO PERMIT DIRECT ACCESS TO ANY PUBLIC STREET OR HIGHWAY. (b) STREETS LEADING INTO THE PARK FROM PUBLIC STREETS AND HIGHWAYS SHALL BE PAVED TO A WIDTH OF AT LEAST 40 FEET FOR A DISTANCE OF AT LEAST 100 FEET FROM THE PUBLIC STREET OR HIGHWAY, AND NO PARKING SHALL BE PERMITTED ON SUCH STREETS WITHIN 25 FEET OF THE PUBLIC STREET OR HIGHWAY. (c) OTHER STREETS IN THE PARK SHALL BE PAVED TO A MINIMUM WIDTH (CURB TO CURB) OF 28 FEET FOR ONE-WAY STREETS, 3 8 FEET RlR TWO-WAY S'l"REI':TS, WHERE PARKING IS PERMITTED. FOR EACH SIDE OF SUCH STREETS ON WHICH PARKING IS PROHIBITED, MINIMUM WIDTH KAY BE REDUCED BY 8 FEET. (d) CURVES ON ALL ACCESS ROADS SHALL HAVE A MINIMUM INSIDE RADIUS OF NOT LESS THAN 20 FEET • • I • f • • • • -27- (e) DEAD-END STREETS MAY BE USED, PROVIDED THAT NO SUCH STREET SHALL EXCEED 400 FEET IN LENGTH, AND THAT SUCH STREETS SHALL BE PROVIDED AT THE CLOSED END WITH A TURN AROUND OF AT LEAST 45 FOOT RADIUS AT THE OUTSIDE EDGE OF THE PAVING. (f) ALL STREETS WITHIN THE PARK SHALL BE BUILT TO CITY OF ENGLEWOOD CONSTitUCT iON SI'EClFlCAT iONS, AND SHALL INCLUUE CUR II ANU GU'l"l'EIL (g) SIGNS SHALL BE PLACED AT STREET INTERSECTIONS WITHIN THE PARK DESIGNATING THE MOBILE HOME SPACE NUMBERS LOCATED ALONG EACH STREET. THE LETTERS ON SUCH SIGNS SHALL BE A MINIMUM OF THREE (]) INCHES IN HEIGHT ANO SHALL BE REFLEC'l'OitlZEO. (17) PARKING. IN MOBILE HOME PARKS, NOT LESS THAN TWO (2) PARKING SPACES SHALL BE PROVIDED FOR EACH MOBILE HOME SPACE. PARKING SPACES SHALL BE CONVENIENTLY LOCATED WITH RESPECT TO NORMAl. ANTICIPATED USE BY TENANTS AND VISITORS AND IN RELATION TO SERVICE FACILITIES. SUCH PARKING SPACES SHALL BE NOT LESS THAN 9 FEET x 20 FEET. (18) WALKWAYS. CONCRETE WALKWAYS NOT LESS THAN 24" WIDE SHALL BE PROVIDED FROM MOBILE HOME SPACES TO STREETS, AND ALL OTHER CONCRETE WALKWAYS SHALL BE AT LEAST 30" WIDE. (19) SCREENING. ADEQUATE PROTECTION SHALL BE PROVIDED THE RESIDENTS OF THE PARK FROM ANY UNDESIRABLE OFF-SITE VIEWS OR ANY ADVERSE INFLUENCE FROM ADJOINING STREETS AND PROPER'l'IES. '1'0 TillS END, THE PAitK SHALL BE SURROUNDED BY A FENCE, WALL, Oil PJ..ANTTNG SCREEN ON AU. SIDES ABUTTING OR ADJACENT TO OTHER PRIVATE PROPERTY, OR AN ARTERIAL STREET OR HIGHWAY. IF A FENCE OR WALL IS USED, IT SHALL BE AT LEAST SIX (6) FEET IN HEIGHT AND OF SOLID CONSTRUCTION. IF VEGETATION IS USED IN PLACE OF A FENCE • I • • -• • • -28- OR WALL, IT SHALL BE OF A NATURE WHICH PROVIDES EQUIVALENT PROTECTION TO THE PROPERTY AND TO NEIGHBORING PROPERTY. NOTWITH- STANDING OTHER REQUIREMENTS OF THIS PROVISION, NO FENCE, WALL OR VEC.I\TAT1VE SCREENT.NC. SH/11.1. 1m PERMITTED TO f.XTENn TNTO /\NV REQUTRED EXTERIOR YARD AT A HEIGHT OR IN A MANNER WHICH MATERIALLY IMPEDES THE VISIBILITY OF A MOTORIST EXITING FROM THE PARK ONTO A PUBLIC STREET. (20) RECREATIONAL AREA. FOR CHILDREN'S PLAY AND ADULT RECREATION, NOT LESS THAN EIGIIT (8) l'ERCF.NT OF THE GROSS AREA SHALL BE SET ASIDE AND 1\PPROPRIATELY IMPROVED, AND THIS AREA SHALL NOT BE USED FOR ANY OTHER PURPOSE. THE CHILDREN'S PLAY AREA SHALL BE SO LOCATED AND PROTECTED AS TO MINIMIZE DANGER FROM TRAFFIC. RECREATION AREAS MAY INCLUDE SPACE (f FOR A COMMUNITY BUILDING AND COMMUNITY USE FACILITY SUCH AS INDOOR RECREATION AREA, SWIMMING POOL OR HOBBY WORKSHOP. • (21) LIGHTING. (a) STREET AND YARD LIGHTS SHALL BE PROVIDED IN SUCH NUMBER AND INTENSITY AS TO INSURE SAFE MOVEMENT OF VEHICLES AND PEDESTRIANS AT NIGHT. (b) EACH SERVICE BUILDING SHALL BE ADEQUATELY LIGHTED INSIDE, AND SHALL RAVE OUTSIDE LIGHTS LARGE ENOUGH TO ILLUMINATE THE IMMEDIATE AREA, WHICH LIGHTS SHALL BE PLACED IN SUCH A MANNER THAT IDENTIFYING SIGNS ARE READABLE AT NIGHT. (22) CLOTHES DRYING AREA REQUIRED. ADEQUATE INSIDE DRYING FACILITIES ADJACENT TO THE WASHING FACILITIES IN THE SERVICE BUILDING SHALL BE PROVIDED. UMBRELLA-TYPE DRYING FACILITIES HAY BE INSTALLED IN THE INDIVIDUAL MOBILE HOME SPACE AS A PART OF THE BASIC FACILITIES • I • • • • • -29- (23) FIRE PROTECTION REQUIREMENTS. (a) ALL PORTIONS OF ANY PARK SHALL BE WITHIN 500 FEET OF A FIRE HYDRANT OF SIZE AND DESIGN CONFORMING TO THE CITY OF ENGLEWOOD FIRE CODE. (b) EVERY PARK SHALL BE EQUIPPED AT ALL TIMES WITH SUPPLEMENTARY FIRE EXTINGUISHING EQUIPMENT IN ACCORDANCE WITH THE CITY OF ENGLEWOOD FIRE CODE. FIRE EXTINGUISHERS WHICH ARE PROVIDED SHALL HAVE A MINIMUM RATING OF 2A-10 BC U/L. (c) ~CH PARK SHALL HAV~ Di'SlGNATED HRE LANES, THE LOCATlON, UIHI•:NSI.ONS ANU CONSTIHIC'I'ION OF WIIICII SIIAI.I. CONI 'ORM TO '1'111': CITY OF ENGLEWOOD FIRE CODE. (24) SERVICE BUILDING REQUIREMENTS. (a) SERVICE BUILDING REQUIREMENTS FOR MOBILE HOME PARKS: f EVERY MOBILE HOME PARK SHALL PROVIDE ADEQUATE SANITARY FACILITIES FOR EMERGENCY USE IN A SERVICE BUILDING OR BUILDINGS. THESE FACILITIES SHALL CONSIST OF AT LEAST ONE FLUSH-TYPE TOILET AND ONE LAVAtoRY FOR EACH SEX. SUCH FACILITIES SHALL BE MAINTAINED IN A CLEAN AND SANITARY CONDITION AND IN WORKING ORDER AT ALL • TIMES. (b) ADDITIONAL SERVICE BUILDING REQUI.IEHENTS. SERVICE BUILDINGS: (1) SHALL liE LOCATED AT LEAST 15 FEET FROM ANY MOBILE HOME SPACE. (11) SHALL BE OF MOISTURE-RESISTANT MATERIAL ON THE INSIDE, TO PERKI'f FREQUEN T WASHING AND CL EANING AND SHALL u g ADEQUATELY LIGHTED . (111) SHALL BE OF PERMANENT CONSTRUCTION OF ONE-HOUR FIRE RATING, COU'LYING WITH CITY OF ENGLEWOOD BUILDING CODES • I • • ( (( • • • • -]0- (iv) SHALL HAVE ADEQUATE HEATING FACILITIES TO MAINTAIN A TEMPERATURE OF 68 DEGREES FAHRENHEIT DURING COLD WEATHER, AND TO SUPPLY ADEQUATE HOT WATER DURING PEAK HOUR DEMANDS. (v) SHALL HAVE ALL ROOMS WELL VENTILATED WlTH ALL OPENINGS EFFECTIVELY SCREEN Ell. (vi) SHALL PROVIDE SEPARATE COMPARTMENTS FOR EACH WATER CLOSET, ADEQUATELY SCREENING OTHER COMPARTMENTS FROM VIEW. TilE TOiLET ANO OTtmR SANlTA'l'lON FAClLl'l'lES FOR MAJ,ES ANO FEMALES SHALL UE ELTIIER lN SEI'ARA'l'E IIUlt.IHNGS OR SHALL BE SEPARATED, IF IN THE SAME BUILDING, BY A SOUNDPROOF WALL. THE SANITATION FAClLlTIES FOR MALES AND FEMALES SHALL BE DISTINCTLY MARKED TO DENOTE THE SEX FOR WHICH THEY ARE INTENDED. (25) WATER AND SANITARY SEWER SERVICE AND PLUMBING REGULATIONS. (a) WATER SUPPLY (1) AN ACCESSIBLE, SAFE, AND POTABLE SUPPLY OF WATER, WITH A RESIDUAL PRESSURE OF NOT LESS THAN 20 PSI AT EACH MOBILE HOKE SITE UNDER NORMAL OPERATING CONDITIONS, SHALL BE PROVIDED IN EACH MOBILE HOKE PARK. WHERE A PUBLIC SUPPLY OF WATER IS AVAILABLE, CONNECTION SHALL BE MADE THERETO AND ITS SUPPLY SHALL BE USED EXCLUSIVELY EXCEPT A PRIVATE WATER SUPPLY MAY BE USED FOR IRRIGATION PURPOSES. (11) THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY TO SERVE THE PAaK SHALL BE MADE ONLY AFTER EXPRESS APPIDVAL HAS BEEN GllANTED BY THE CITY AND PLANS AND SPECIFICATIONS POJ. THE WATBI SYSTEM HAVE BEIDI APPROVED BY THE CITY AND • I • - ( • (( • (b) • • • -31- STATE DEPARTMENT OF HEALTH. PUBLIC SEWER SYSTEM CONNECTION REQUIRED. PARKS SHALL BE CONNECTED TO THE PUBLIC SEWER SYSTEM, AND SUCH CONNECTION SHALL BE APPROVED BY THE CITY. ALL SEWAGE DISPOSAL APPARATUS, INCLUDING APPURTENANCES THERETO, SHALL BE PROVIDED, MAINTAINED AND OPERATED SO AS NOT TO CREATE A NUISANCE OR HEALTH HAZARD. THE USAGE OF THE SEWER SHALL CONFORM TO ALL CITY ORDINANCES. (c) PLUMBING REGULA'l'IONS. ALL PLUMBING IN THE MOBILE HOME PARK SHALL COMPLY WITH STATE AND CITY OF ENGLEWOOD PLUMBING CODES AND REGULATIONS. (26) ELECTRICAL REQUIREMENTS. (a) SERVICES. (1) ELECTRICAL SERVICES IN MOBILE HOKE PARKS SHALL COMPLY WITH THE REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE, THE ELECTRICAL CODE OF THE STATE OF COLORADO, AND THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD. (11) ELECTRICAL DISTRIBUTION SYSTEMS IN MOBILE HOKE PARKS SHALL BE INSTALLED UNDERGROUND . SUCH INSTALLATION SHALL BE IN COIIPOIMANCE WITH THE NATIONAL ELECTRICAL CODE. (111) MOBILE HOME SPACES SHALL BE PROVIDED WITH AN APPROVED RAIN-TIGHT POWER OUTLET PANEL WITH PEDESTAL CONTAINING 100 AMP MAIN DISCONNECT, ONE 110V 20A GFI RECEPTACLE, AND ONE RECEPTACLE RATED AT 50 AMPS, PROTECTED BY A 50 AMP CIRCUIT BREAKER. EACH PEDESTAL SHALL BE INSTALLED WITHIN 18 INCHES OF THE MOBILE HOKE. THE PEDESTAL SHALL Bl PUMAMDITLY INSTALLED ON A POUUD CONCilETB POST OR APPIOVED METAL FRAME SECURED IN CONCRETE SET 30 INCHES • I • - ( ( • • • • -32 - BELOW GRADE. BOTTOM OF PEDESTAL HOUSING SHALL HAV E A MINIMUM HEIGHT OF 18 INCHES ABOVE GRADE. (iv) LIGHTING SHALL BE IN ACCORDANCE WITH SECTION (21), LIGHTING, ON PAGE 29. (b) BRANCH CIRCUITS. EXTENSION CORDS SHALl, TERMINATE IN A PANEL INSIDE THE MOBILE HOME. SAID PANEL SHALL BE SUPPLIED BY AN APPROVED CORD 50 AMP 4-WIRE SINGLE PHASE. (27) FUEL STORAGE AND CONNECTIONS. (a) MOBILE HOMES USING LIQUEFIED PETROLEUM GAS FO R COOKING AND HEATING UNITS ARE SUBJECT TO INSPECTION FOR COMPLIANCE WITH THE STATE OF COLORADO LAW IN LIQUEFIED PETROLEUM GASES. THESE UNITS MAY BE CONVERTED TO USE NATURAL GAS. FOR THE SAFETY OF OCCUPANTS, IT SHALL BE THE RESPONSIBILITY OF THE PARK OWNER OR OPERATOR TO ENSURE THAT NO NATURAL GAS UNITS IN A MOBILE HOME ARE CONNECTED OR USED UNTIL SUCH GAS UNITS ARE INSPECTED AND APPROVED BY A GAS UTILITY COMPANY SUPPLYING THE SERVICE. ALL RULES AND REGULATIONS OF THE GAS UTILITY COMPANY AS FILED WITH THE PUBLIC UTILITIES COHKISSION SMALL BE ADHERED TO PRIOR TO GAS SERVICE BEING PROVIDED. (b) ALL PIPING FROM OUTSIDE FUEL STORAGE TANKS OR CYLIN DERS TO HEATING UNITS IN MOBILE HOMES SHALL CONFORM TO APPL ICABLE STATE LAW AND APPLICABLE ENGLEWOOD CITY ORDINANCES. ALL FUEL STORAGE TANKS OR CYLINDERS SllALL BE SECURl~LV FASTENEll IN PLACE AND SMALL NOT BE LOCATED INSIDE OR BENEATH THE MOBILE HOHE. (c) OIL STORAGE SMALL CONFORM TO APPLICABLE STATE LAW AND APPLICABLE CITY OF ENGLEWOOD ORDINANCES. (28) REFUSE DISPOSAL • • I • • - ( • ( • • • • -JJ- THE STORAGE, COLLECTION, AND DISPOSAL OF REFUS E IN THE MOBIL E HOME PARK SHALL BE SO MANAGED AS NOT TO CREATE HEALTH HAZARDS, RODENT HARBORAGE, INSECT-BREEDING AREAS, ACCIDENT HAZARDS, OR AIR POLLUTION. ALL REFUSE SHALL BE STORED IN FLY-TIGHT, WATER-TIGHT, RODENT-PROOF CONTAINERS, WHICH SHALL BE PROVIDlm IN SUFFICIENT NUMBER AND CAPACITY TO ACCOMMODATE ALL REFUSE FROM THE PARK. SATISFACTORY CONTAINER RACKS OR HOUlERS SHALL llE PlWVTDEO AT PERMANENT LOCATIONS, CONVENIENT TO THE MOBILE ROME SPACES, IN AREAS APPROPRIATELY SCREENED FROM VIEW, AND SHALL COMPLY IHTH ALL HEALTH REGULATIONS. METHODS OF STORAGE, COLLECTION AND DISPOSAL ARE SUUJECT TO APPROVAL OF THE CODE ENFORCEMENT OIV IS LON. (29) ADDITIONS TO MOBILE HOMES. (a) NO ADDITIONS SHALL BE BUILT ONTO OR BECOME A PART OF ANY MOBILE ROME EXCEPT: (i) SKIRTING OF MOBILE HOMES, AS SET FORTH IN SECTION (14). (ii) CABANAS, PATIOS, OR PORCHES. (iii) AN ATTACHED GAllAGE WILL BE PERMITTED IF IT DOES NOT DAMAGE TBE INTEGRITY OF THE MOBILE HOME. (b) A BUILDING PERMIT SHALL BE REQUIRED FOR ANY ADDITION PERMITTED IN SECTION (29) (ii) OR (29) (iii) ABOVE. (30) STORAGE SPACE REQUIRED. (a) EACH MOBILE HOKE SPACE SHALL BE PROVIDED WITH NOT LESS THAN 100 CUBIC FEET OF STORAGE SPACE. SUCH STORAGE SPACE MAY BE PROVIDED WITHIN INDIVIDUAL UNITS LOCATED ON EACH MOBILE HOME SPACE OR IN A CENTRAL BUILDING NO MORE 'CHAN 100 FEET FROM THI! MOBILE HOME SPACE FOR WHICH THE STORAGE IS PROVIDED. ALL SUCH STORAGE UNITS AND BUILDINGS SHAl .L BE OF WEATHF.R RESISTANT MATERIALS AND ONE HOUR FIRE RESISTANT CONSTRUCTION. (b) NO STOlAGE SHALL BE PERMITTED UNDERNEATH ANY MOBILE HOKE • I • • • • • -34- (31) PARKING OF MOBILE HOMES. (a) NO MOBILE HOME SHALL BE PARKED OR PERMITTED TO STAND UPON ANY PUBLIC STREET, HIGHWAY, ROAD, ALLEY OR OTHER SUCH RIGHT- OF-WAY FOR MORE THAN TWENTY-FOUR HOURS UNLESS A SPECIAL PERMIT IS OBTAINED FROM THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. (b) NO MOBILE HOKE SHALL BE MAINTAINED UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, WHEN THE SAME IS USED FOR LIVING PURPOSES UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK. NO HOBIT.E IIOHE SHALL li E STORED WITHIN ANY REQUIRED FRONT, SIDE, OR REAR YARD AS SPECIFIED BY THE COMPREHENSIVE ZONING ORDINANCE. (c) WHERE AN EXISTING INDIVIDUAL MOBILE HOME IS PARKED ON A PRIVATE LOT AND OCCUPIED AS A "DWELLING" ON THE EFFECTIVE DATE OF THIS SECTION, IT SHALL BE REGISTERED WITH THE CODE ENFORCEMENT DIVISION WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS CHAPTER. (32) BUILDING PERMIT REQUIRED. (a) NO PERSON SHALL COMMENCE THE DEVELOPMENT OF LAND FOR A MOBILE HOME PAJtK, OR ALTER, INSTALL OR REMOVE ANY STRUCTURAL IMPROVEMENT IN ANY MOBILE HOKE PARK WITHOUT FIRST SECURING A BUILDING PERMIT FROM THE CODE ENFORCEMENT DIVISION AUTHORIZING SUCH ALTERATIONS, INSTALLATION OR REMOVAL. (b) AN APPLICATION FOR A PERMIT AUTHORIZING ANY STRUCTURAL INSTALLATION, ALTERATION OR REMOVAL WITHIN AN EXISTING PARK OR FOR THE DEVELOPMENT OF LAND FOR A MOBILE HOKE PARK SHALL SET FORTH THE FOLLOWING INFORMATION, INSOFAR AS THE SAME IS APPLICABLE AND IS KNOWN OR CAN BE ASCERTAINED BY THE APPLICANT THROUGH THE EXERCISE OF DUE DILIGENCE. THE APPLICATION FOR A PERMIT TO DEVELOP LAND FOR • • I • • 1- • • • '. • -35 - A MOBILE HOKE PARK SHALL BE ACCOMPANIED BY THE APPROVED DEVELOPMENT PLAN. (i) 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 AND RIGHT-OF-WAY AND ROADWAY WIDTHS OF ADJACENT STREETS. (iv) ZONING AND LAND USE OF SURROUNDING PROPERTY. (v) PROPOSED ROUTES OF ACCESS TO AND EGRESS FROM THE MOBILE HOME PARK. (vi) THE LOCATION AND WIDTH OF ROADWAYS AND WALKWAYS, RECREATIONAL AREAS, AND OFF-STREET PARKING AREAS WITHIN THE PARK (vii) THE LOCATION OF SERVICE BUILDINGS AND ANY OTHER PROPOSED STRUCTURES, AND THE LOCATION, DIMENSIONS AND PLAN FOR DEVELOPMENT OF THE REQUIRED RECREATION AREA. (viii) THE LOCATION, SIZE AND TYPE OF WATER AND SEWER LINES: TRAPS, VENTS AND RISERS FOR WATER AND SEWER. (ix) PLANS AND SPECIFICATIONS OF ALL BUILDINGS AND OTHER IMPIOVEKENTS CONSTRUCTED OR TO BE CONSTRUCTED WITHIN THE MOBILE HOME PAJll(. (x) SUCH OTHER INFORMATION AS MAY REASONABLY BE REQUIRED. (c) THE PERMIT SHALL BE VALID ONLY FOR THE PLAN SUBMITTED WITH THE APPLICATION, AND SHALL NOT BE TRANSFERABLE TO ANY PERSON OTHER THAN THE PERMITTEE, NOR TO ANY OTHER LOT, TRACT, Oil PARCEL OF LAND WITHIN THE CORPORATE ~IHITS OF THE CITY OF ENGLEWOOD. (d) THE PEJIMIT SHALL EXPIRE SIX MONTHS AFTER THE DATE OF ISSUANCE IF CONSTRUCTION HAS NOT BEGUN, AND IS NOT DILIGENTLY PURSUED • • I • • (t • • • • -36- (e) ALL BUILDINGS AND UTILITIES TO BE CONSTRUCTED, ALTERED, OR REPAIRED IN A PARK SHALL COMPLY WITH ALL APPLICABLE CODES AND ENGINEERING SPECIFICATIONS OF THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, AND ALL APPLICABLE PERMITS SHALL BE OBTAINED. (33) CERTIFICATES OF OCCUPANCY. (a) IT SHALL BE UNLAWFUL TO PERMIT ANY PERSON TO OCCUPY, MAINTAIN OR OPERATE A MOBILE HOME PARK WITHIN THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD UNLESS AND UNTIL A VALID CERTIFIC ATE OF OCCUPANCY HAS BEEN Olll'AlNEil. (b) IN CONNECTION WITH ANY PARK ESTABLISHED AFTER THE EFFECTIVE llATE OF THIS ORDINANCE, NO CERTIFICATE OF OCCUPANCY SIIALL BE ISSUED UNLESS AND UNTIL ALL OF THE ROADWAYS ARE CONSTRUCTED WITHIN THE PARK AND NOT LESS THAN 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 ANNEXATION TO THE CITY OF ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE, THE OWNER OR OPERATOR OF EACH EXISTING MOBILE HOME PARK SHALL BE MAILED FORMS ON WHICH TO APPl.Y 1'0 THE CODE ENFORCI'"£NT DIVISION FOR A CERTIFICATE OF OCCUPANCY. APPLICATION SHALL BE IN WRITING AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION MAY REQUIRE TO DETERMINE WHEREIN THE PARK DOES NOT CONFORM TO ALL REQUIREMENTS OF THIS ORDINANCE. (b) THE CODE ENFORCEMENT DIVISION SHALL ISSUE A CERTIFICATE OF OCCUPANCY TO THE OWNER OR OPERATOR OF LEGALLY EXISTING PARKS: • I • • - • • • • • -37- THE CERTIFICATE SHALL LIST THE REQUIREMENT S OF THIS ORDINANCE WITH WHICH THE PARK DOES NOT CONFORM. NONCONFORMANCE WITH IIEALTII AND SAFETY REQUIREMENTS OF THIS ORDINANCE SHALL BE LISTED SEPARATELY FROM NONCONFORMANCE WITH OTHER REQUIREMENTS. (c) IT SHALL BE UNLAWFUL TO PERMIT ANY PERSON TO OCCUPY ANY MOBILE HOME lN . ANY MOBILE HOME PARK WITHIN THE COitPORA'fE LIMITS OF THE CITY OF ENGLEWOOD UNTIL ALL FACILITIES THEREFOR HAVE BEEN INSPECTED AND APPROVED BY THE COPE ENFORCEMENT DIVISION AND A PERMIT TO OCCUPY THE UNIT HAS BEEN ISSUED. (35) EXISTING PARKS: ALTERATION, EXTENSIONS. NO EXISTING PARK WHICH DOES NOT MEET THE REQUIREMENTS OF THIS SECTION SHALL BE REMODELED, RECONSTRUCTED, REDEVELOPED, ALTERED, EXTENDED OR REDUCED IN SIZE, EXCEPT IN A KANNER WHICH INCREASES THE DEGREE OF COMPLIANCE WITH THIS SECTION. (36) COMPLIANCE WITH REGULATIONS. THE PERSON TO WHOM A MOBILE HOME PARK OCCUPANCY PERMIT IS ISSUED SHALL AT ALL TIMES OPERATE THE PARK IN COMPLIANCE WITH THIS SECTION AND REGULATIONS ISSUED HEREUNDER, AND SHALL PROVIDE ADEQUATE SUPERVISION TO MAINTAIN THE PARK, ITS FACILITIES AND EQUIPMENT IN GOOD REPAIR AND IN A CLEAN AND SANITARY CONDITION AT ALL TIMES. (37) ANNUAL INSPECTIONS REQUIRED. (a) THE CODE ENFORCEMENT DIVISION IS HEREBY AUTHORIZED AND DIRECTED TO INSPECT EACH MOBILE HOME PARK LOCATED WITHIN THE CITY OF ENGLEWOOD ANNUALLY IN ORDER TO DETERMINE THE DEGREE OF COMPLIANCE OR NONCOMPLIANCE WITH THE TERMS OF THIS SECTION AND TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE INSPECTOR SHALL HAVE THE POWER TO ENTER AT A REASONABLE TIME, UPON REASONABLE NOTICE, ANY PRIVATE OR PUBLIC PROPERTY FOR THE • I • • - (~ • • • • PURPOSE OF INSPECTING AND INVESTIGATING COND I TIONS RELATING TO THE ENFORCEMENT OF THIS SECTION OR ANY -)8- REGULATION WHICH MAY BE PROMULGATED HEREUNDER. THE INSPECTOR SHALL MAKE SUCH ADDITIONAL INSPECTIONS AS MAY BE NECESSARY TO ASSURE COMPLIANCE WITH THIS SECTION. (b) IT SHALL BE UNLAWFUL FOR ANY PERSON TO REFUSE THE INSPECTOR ACCESS TO A MOBILE HOME PARK FOR THE PURPOSES OF INSPECTION. • I • • - • • • • -39- DEFINITIONS (TO BE INCORPORATED IN SECTION 22.8, DEFINITIONS) (I) ACCESS ROAD. ACCESS ROAD SHALL MEAN THAT AREA PRIVATELY OWNED AND MAINTAINED AND SET ASIDE WITHIN A MOBILE HOM E PARK FOR AN INTERIOR ROAD SYSTEM, PROVIDING PRINCIPAL MEANS OF INGRESS TO INDIVIDUAL MOlllLE HOME SPACES AND EGRESS TO STREET. (2) EXISTING PARK. A MOBILE HOME PARK EXISTING WITHIN THE CITY OF ENGLEWOOD ON THE EFrECTTVE DATE OF THIS ORDINANCE OR EXI STING ON THE DATE OF ANNEXI\TJ.ON WlTHlN l'clUU'J'ORY ANN EXED 'l'O THE ClTY OF ENGLEWOOD SUBSEQUENT TO THE EFJ'EC'l'l VE DATE OF THlS ORDiNANCE. (3) MOBILE HOKE. A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: (a) IT IS DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINS A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES, AND SLEEPING ACCOMMODATIONS. (b) IT IS DESIGNED TO BE TRANSPORTED AFTER FABRICATION ON ITS OWN WHEELS, ON A FLATBED OR OTHER TRAILER. (c) IT ARRIVES AT THE SITE WHERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDENTAL UNPACKING AND ASSEMBLY OPERATIONS, LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO UTILITIES, AND THE LIKE. DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOMES: A MOBILE HOME CONSISTING RESPECTIVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO FORM A SINGLE DWELLING, WHILE STILL RETAINING THEIR INDIVIDUAL CHASSIS I'OR POSSIBLE FUTURE MOVEMENT. EXPANDABLE MOBILE HOME: A MOBILE HOME WITH ONE OR MORE ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE PRINCIPAL UNIT WHEN BEING • I • - • • • • -40- T~~SPORTED AND WHICH CAN BE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA. (4) MOBILE HOME PARK. A TRACT OF LAND EITHER IN SINGLE OWNERSHIP OR DIVIDED INT O BLOCKS AND/OR LOTS WHICH MAY BE TN SEPARATE OWNERSHIP , WHICH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES AND SERVICES IN ACCORDANCE WITH 1\ SITE DI\VICLOPMENT 1'1./\N, MtmTI NG 1\l.l. OF TilE I{E!)U ll{EMI •:NTS OF Till 5 ORDINANCE AND WHICH IS INTENDED FOR THE EXP RESS PURPOSE OF PROVIDING 1\ S/\TTSFYING UVJNG ENVIRONMENT FOR MO!Hl .E IIOME Rl,SlllENTS ON A LONG- TERM OCCUPANCY BASIS. (5) MOBILE HOME SPACE. A PLOT OF GROUND WITHIN A MOBILE HOME PARK, DESIGNED FOR THE ACCOMMODATION OF ONE MOBILE HOME. (6) OPEN SPACE DEPTH. OPEN SPACE DEPTH SH ALL BE THE MINIMUM OPEN SPACE DISTANCE ON THE LOT (EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED) PERPENDICULAR TO THE WALL OF THE DWELLING UNIT AT ANY POINT, OR TO ANY ADDITION TO THE DWELLING UNIT WHICH IS ENCLOSED FOR MORE THAN 50 PERCENT OF ITS PERIMETER OR FOR MORE THAN IO PERCENT OF THE PORTION OF ITS PERIMETER OPPOSITE ANY CLASS A, B, OR C EXPOSURE OF THE DWELLING UNIT. (7) PARK PERMIT. A WRITTEN INSTRUMENT ISSUED BY THE CITY ADMINISTRATION AUTHORIZING THE CONSTRUCTION OR EXTENSION OF A MOBILE HOME PARK UNDER THIS ORDINANCE AND THE REGULATIONS THAT MAY BE PROMULGATED HEREUNDER. (8) ~· PATIO SHALL MEAN A PAVED AREA ADJACENT TO THE MOBILE HOME PARKING SPACE, AND ACCESSIBLE FROM THE MAIN ENTRANCE TO THE PARKED MOBILE HOME. (9) PERMANENT ADDITION. PERMANENT ADDITION SHALL MEAN ANY STRUCTURAL EXTENSION FROM ANY PORTION OF A MOBILE HOME, NOT INCLUDING TEMPORARY CANVAS AWNING. (10) SERVICE BUILDING A BUILDING HOUSING SANITARY FACILITIES AND/OR LAUNDRY FACILITIES OR SUCH OTHER FACILITIES AS HAY BE REQUIRED BY THIS ORDINANCE • • I • • - \ • • • • • -41- (11) STREET OR HIGHWAY. STREET OR HIGHWAY SHALL MEAN A PUBLIC THOROUGHFARE WHICH AFFORDS PRINCIPAL MEANS OF ACCESS TO ABUTTING PROPERTY . I • • I n - , • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM CoB Apri 1 10, 1984 SUBJECT Infiltration/Inflow Flow Leve 1 Recorders ·--------------- INITIATED BY ------~E~n~g~l~ewo~o~d~W~a~t~e~r~a~n~d~Se~w~e~r~Bo~a~r~d ______________________ _ ACTION PROPOSED _____ T~o~r~ec~o~mme~n~d~t~o~C~o~u~n~c,~·l~t~~~p~u~r~ch~a~s~e~o~f~s~i~x ________ __ Manning level recorders and four battery chargers BACKGROU D Sr!l'lil']r f luvl'> are measured and rec orded for the City of Eng lewood and the l 1 L Lit tleton at the Bi -City Wastewater Treatment Plant. Based on t1' <;c n ·c.ord;, there i s a noticeable increase in sewage flows during th e 1" inq ti e r unoff per i od. Because these increased flows increase thP totul tr(:atlllen t costs , the two Cities have each decided to study the condit ion of their re spective co ll ection and transmission systems. These studies (known as Infiltration/Inflow Studies) should determine if it is feasible and cost effective to repair or replace parts of the existing sewer system and what effect th is rehabilitation work will have on reducing future t re atment plant expansions and costs. In order for the City of Englewoo d to get the most out of such an Infiltration/ Inflow (I/I) Study, the City has contracted with Black and Veatch for management and guidance during the study and analysis of the results. The City and Black & Veatch have met to develop the plan of study and have determined that flow monitoring in manholes collecting sewage from six dra inage basins would initi ally point out where there are problem areas. The six drainage basins planned for our i nitial flow monitoring are: 1) Valley Basin 2) Western South Arap. Basin 3) Eastern South Arap. Basin 4) Cherry Hills Basin 5) Northern Southgate Basin 6) Southern Southgate Basin Manholes for installation of the flow measuring equipment are accessible for each basin. • I • • - ( • • • This initial flow monitoring will only start to point out probl em areas. Flow monitoring in other manholes in the future may be necessary to better define sections of sewer that need rehabilitation. It is anti- cipated that the flow monitoring work will extend over the next two or three years. FINANCIAL To do the flow monitoring, the Utilities Department looked into renting or purchasing flow measuring equipment. Because we will be doing the monitoring over several years and the cost of rental would exceed the cost of purchase, it is recommended that we purchase the flow measuring equipment. The City previously contracted with Black & Veatch to determine what kind of flow meter should be purchased. During their investigations, they found several different types of flow meters including ultrasonic flow meters, solid-state flow level equipment, float-type meters and a dipper-type flow meter. The manufacturers of this equipment were contacted for prices and ava i lab i lity. Generally, the meters were available within two to fou r ~1ee s. Some manufacturer s have loca 1 representatives so that tq;<dts may be made more quickly. Prices range from $1,800 to $5,800 ,,e,· uni t. Bt ritl.do wn of flo~1 me ters and prices are as follows: Ultrasonic Flow Meter Manning Technologies, Inc. (plus $130 per battery charger) Solid-State Flow Level Equipment lsco, Inc. (plus $4,275 for one Interrogator to transfer data from the memory module and access to Apple II Computer to process the data) Marsh-McB irney, Inc. Float-Type Meters Leopold-Stevens, Inc. N-B Products, Inc. Dipper-Type Meter l-1anning Technologies, Inc. (plus $35.00 for each battery charger) $3,125.00 $3,235.00 $5,810.00 $1,800.00 $2,100.00 $2,370.00 I • • ( • • • RECOMMENDATION It is recommended by Black & Veatch (see attached letter) that the Manning Dipper-Type Heter be purchased. They feel that this meter will be fairly easy to install in the manhole, will produce the information we need on changes in flows over several days or several months and will cause the least problems with maintenanc~. especially paper, grease, etc .• catching on the level sensor. Total budget requested is as follows: 6 Dipper-Type Meters Manning Model No. L-3048 4 Battery Charges TOTAL $14,220.00 140.00 $14,360.00 This request was previously approved by the Englewood Water and Sewer Board. I . • , ( • BL-ACK 8c VEATCH ENGINEERS-ARCHITECTS Englewood, Colorado I/I Investigation Mr. Stewart H. Fonda Director of Utilities City o( EnKlewood 3400 South Elati Street Englewood, Colorado 80110 Jlear S tu: • • - TEL . 1303 1 C./1 -4200 DENVER REGIONAL OFFIC ioo 1400 S POTOMAC STREET -s un 1:. :1 0ll AURORA. COLORADO d0012. B&V Project 11420.001 B&V Fil.e A AprU." 1.1., l<J8Lt As req u ,•stc~•l b y Dllns el Rag land, we )lave inve s tig ate d the various tl<.lv i <:t~S ava i tal, I,• on th e market to record t h ll liqutcl lev<! I In a s anIta ry ,;ew,••· ' d ... ,. . l'he se d e v i ces ar e to be used in th f' l owe s t i t•.n t Lon of tnfi1 t ra tton/ , ""' i 11 Lu t h e Englewood sanitary s ewer sy s Lem . .,,. ),,,v <: t:unt-1ctetl B"v e ral manufacturers, or H u ~tnu f;II·Lurc•r's n ·t•r,,.a·lll.ll j,,, v1h u supply liquid level devices applicable for manhole imit<~lla tlon. All devices are self contained portable units so that they can be kept in a sp"cific manhole for a periocl of time and then 1110ved to another manhole. All will give seven day's record of the liquid level. All manufacturers or representatives contacted have not repliecl to our inquiry. Th e information available to us at this time is: • Hanning Technologies, Inc. -Portable Dipper and Level Recorder. These units come in different sizes dependent upon the diameter of the sewer: 0-15", 0-30", and 0-60''. So10e units have a variable range: 0-6" to 0-24", 0-12" to Q-48", and 0-120 11 • A manh ole bracket, battery, and a battery charger are necessary for installation and maintenance of the units. One charger, of course, can service several units. Although these units can be rented on e monthly basis, purchase of the unit is more economical if long tenn use is anticipated . Prices of these unite are: • I • • - I • , I • • • lo!L.A<;" IJo VEATCH IIboV l'r<>J•·•· L JJI,:W.Illl l En1.1 Lewuutl, Co l.o rc1do Mr. Stewart H. Fonda 2 1\pr ll II, I'Hll, Model Model Model Model Model Model L-2015 L-2030 L-2060 J,-3024 L-3048 L-3120 0-1511 Q-30" 0-60" 0-6" to 0-24" Q-12" t<> 0-4811 Q-30" to 0-120" $ $ 1,570 C'-l 1,640 eu 1,720 ea 1,975 ea 2, L25 (\01 2,300 ca Cil $ j')C, L,~ l!a Manhole Bracket Battery, 12 volt/wel cell Battery Charger 35 ea • • You have a brochure and price literature on these units. Han;h-M clllrney -Velocity Modified Flow Mett!r. These units employ a sensor band mounted in the sewer which senses the depth oE flow in the sewer. This level is el.e.:trically t cansmi tted via cable to a portable recorder mounted near the top of the manhole. A separate sensor band ami plug-in moclu I.e is requ Lred for each sewer diameter up to 18-inches. For ,;c,wers lll-inchf!6 and above, a special adapter nllow ing for a 'l-inch lncrease in sewer size is avallahlc. l'riees or Liles•• UI J its uce: Wll 1M Model 265 Recorc.Jer Recorder Mounting Uracket ln.tlvidual Sensor -Mounting nand Pipe Diameter Plug-In Module Adapter for 3-Inch Increase Attaching to Base Sensor- Mounting Ring ,. 'I 5 ,495 ea L 7 5 I.Hl 90 ea 50 ea 25 ea You have brochure and price literature on these unit~. ISCO -Series 2500 Level Data Acquisition System. This unit has a level sensor which is installed in the manhole. The level is electrically tranami tted through cable to the Memory Module for storage in solid state memory. Tile Module is Located just below the u111nhnlc cover. An Interro~ator is nec.~ssary to trnnsf:er thrl l<wel datil collected in the Module to lliai!lletic tape datil curtridse. An Interro1.1ator cun serve several Memory Modules. The magnetic tape cartridge has to be used with a computer, usually an Apple computer which has software to reduce the level data to printed data or 11rapha. Ted D. Hiller Associatew, Inc. has an Apple co111puter and the softw11re to reduce tha level data, or Englewood can secure the software for ita computer. A Calibrator is also nece11sary to calibrate the aenaor. Coat of these items is: I • (~ , • • • • SL.ACK Ill VEATCH P.n~lewood , Colorado :1r . Stewart H. Fonda 3 B&V l'l·ojet;L 11420 .00 1 Apr ll I l, l'lll4 Level Senor, Mounting llardwan!, nllll Accessories Memory Module, Model 2510 Calibrator, ~lodel 2520 Interrogator, Model. 2530 Magnetic Tape Data Cartr"i.d(leR, Uox tJf Fi ve $ 5:.10 1., 3q5 1,175 '·· 275 A level sensor and ueuuH·y tnodule an< t:~<ju LCI.!J Lu c """It mauhul<' setting. The calibrator and inten:oKator clln serve several ma nhole settings. You have brochure andprice literature on this system. • Nil l'roducts -Model GR l'ortable l'low ~lt!ter. 'l'llls unit utlli.<<'S a primary level sensing element and a record er.. The level sensing element is a polyurethane boat which f.luato on tlte liquid surface and translates itR movement electrical ly to the levr"l. r e corder vlu cable . The level recorder i,; nltJUtltC<I n c nr t he top of the manhole for easy access. Cost of each unj t C\)lllp l e lt 1 is : • 11otlel GR Portable l'lo~l ~leter $ 2 ,lOU tleu t Ly and As sucia tes is tlte .local I:CJH'Cti t!ll tat ive for this t·ut.q)any. Leupold & Stevens Inc. -Stevens Model 6.lR Total Flow Meter • This unit consists of a float which is mounted in the manhole and floats on the liquid surface. The float's movement is transmitted mechanically to the recorder located below the manh ole cover. The price of this unit is: Model 61R Total l'.low Recorder Complete With Float $ 1,800 Gable-Sampson Associates, Inc. is the local representative. You have brochure and price literature on this unit. • Manning Technologies, Inc. -Portable Ultrasonic Level and Flow Measurement System. This unit has an ultr11sonic non-contact sensor mounted above the liquid level ln the manhole. The waves emited from and returned to the sensor defines the liqui d level. The levels are transmitted electrically through a cable to a recorder mounted in the manhole near the cover. Price of the unit complete is: Ultrasonic, UP-1100 Flow Recorder Complete $ 3,125 You have brochure and price 11 terature on these units • I • - I • tli...ACK 1.1 VEATCH Englewoutl , Colorado ~l r. Stewart H. r'onda 4 • • • ll& V l't·oj l'\' t I II< 211. Olll AprH ll , 1.984 Other companies have been contacted but have not yet repli.ed or (unliHIIed information. When this information is received, it will be forwarded to you. The intent of the infi.ltration/inflow study is to determine if 1/ r in occurring, where it :J.s occurr.lng, and 1111 un.ler-of-nlllj\llitudc est l.mntc<l or the quantity. The lictuid level >Je m;ing and recording devices to be installed in the manhole s are tu he.l.p 'l.n J.o~ntilll,\ l~h t•n• l/1 may be occurring. Therefore, it is not necessary to have an accurate deter- mination of flow. Considering thls need, the level sensing and recording device should b<' simple, easy to install, operate, and maintain, and inexpensive. Highly sophistic11ted or expensive devices are not warranted. It is our rec- o mmenda ti.on, therefore, that the Hanning Portable Dipper anJ Le vel Recorder be the device purchaaed by the City of Englewood. We have had experience with this ins tr.ument and, considering the necJ of th<~ City, belteve lt will serve the purpose at the least cost. Very truly your s, ULACK & VEATCH /I r /r1 ,'1 )' 1 /. 1 ) l:~ d•'r-' ' tc :<;;. William R. Jones RRY:alh • I • • - • • • • • M E M 0 R A N D U M TO: Andy McCown. City Manager FROM: Robert R. Holmes, Chief of Police DATE: April 4, 1984 SUBJECT: LAW ENFORCEMENT COMPUTER SEMINAR We have learned that a comprehensive seminar on Computers in Law Enforcement is being conducted in Newport Beach , California , May 14, 15, and 16 . A copy of the course brochure is attached for your review. It would appear this seminar is ideally suited to prepare us for our "computer future." I wish to send Robert Hall, our Communications /Records Manager . He has shown a great deal of talent in this area , and he feels his attendance at this seminar would further enhance his capabilities. A cost of $890 would incl ude: Round trip air fare $160 Conference registration $400 Meals $90 Lodging ( 3 nights at $80) $240 We have not previously sought approva l for this out-of-state conference as we just recently learned of it . However, our training budget can absorb this conference without difficulty. I am, therefore, requesting your approval for Robert Hall to attend this seminar. ~~/~ ..... ~R~Hol~ Ch1.ef of Pol1ce I • •• • • • • .. • USING COMPUTERS 1n LAW ENFORCEMENT A Comprehensive Seminar This 3-day seminar is designed to give police professionals a working knowledge of computer systems-big and small . Not too technical and not too easy . Just enough to arm you with the necessary knowledge to succeed in the management and use of computer systems , computer projects , and . computer personnel That's Monday, Tuesday and Wed nesday MAY 14, 15 , and 16 At The Beauttful REGISTRY HOTEL Rtght across from the John Wayn e/Orange County Airport NEWPORT BEACH , CALIFO RNIA • I . • • • • riCE SEMINARS Course Outline f Professionals Ill. l.anfiU .... (Continued) VI. How to fntelllflenlfy UN c-rput.,.. In Pollee A..,cces I. Introduction and Overview o Guidelines to determ ine wh ic h computer is for you o Buying strategies and pre-purchase decisions o Hands-on demonstrations about the vanous microcomputer system components • CPU arch itecture: Speed and types • CATs . mon itors , and other visual devices o Printer types : -Advantages and d isadvantages of each keyboard o Mass storage dev•ces : -Fiopp1es . hard d isks and tape o RAM vs . ROM o Operating syst ems o Single-user , multi-user systems II. Mlclo Appllcatl-s: What do you want to do? o Automated name index • Arrest & Citations o Subpoena tracking • Manpower allocation and other person- nel resource stud ies o Equipment and fleet management o Inventory of property and ev idence -Btcycles (spec1al problems) manage- ment tool -PERTI CPM and other time series and mot1 on analys•s systems -Trend analys•s -S•mulation and other models of patrol and invest igative situations to pred ict 1mpact o Discussion of d ifferent types of systems (slides) -IBM PC and IBM PC -XT -Apple II and Ill -Victor o Structured vs . unstructured programm- in g . Structured : -Program development time is higher -Very easy to follow code -Easier to modify -Can "call " rout ines easily from disk for use in a program o Unstructured : -Rapid program development time -Difficult to follow code -Can be very diff icult to modify (easier to rewrite) -Many varieties makes portability dif- fi cult from one system to another -Example of BASIC vs . PASCAL pro- gram -li st ings -"Structured " BASIC programs • 11 can be done! IV. nte .... ot BASIC as a ~,. ... ,.,.,..,. Beg •n ners All Purpose Instruction Code Ong 1ns· -Dartmouth College -Intended use -Most "evo lved " language o Most popular of all con temporary languages : . -More ap pl icat ions are '" BASIC than any other language -Easy to learn -New standard for BASIC •s now be1ng developed -Most popular vers ions (CBASIC and MBASIC) • Compiled vs . interpreted : o Organ izat ional considerations o Centralizat ion vs . decentralizat ion o Compatibil ity • Mean ing of user friendly o Office automation information • Data Base Management Systems Technology (DBMS) o Management Information Systems (MIS) o Decision Support Systems and Expert Systems (DSS) o Word processing o Spreadsheet prog rams and model ing o Telecommunicat ions : -Modems. LANs and direct connect1ons -Network technology -Time-sharing services and database subscriptions -Electronic ma il -User's groups • Integrated systems • Current state of the art in police micros • Tram ing and support cons•derations • Investigative units and the use of por- table compute rs . VII. ~t SJfstem• Management o H•stoncal perspective of the data pro- cess•ng enwonment Concept of ch a nge •n government • Systems methodology : -FunctiOnal needs analysis -System des•g n I alternat •ves I cost benefit analys•s -Deta 1l des1gn -Programming I test ing -Implementation -Cont•nuing systems management o Management of change: -Technological rate of change -Kaypro -Tl Profess•onal -Comp1ler can change BASIC Source Code to machine code for greater speed -Greatest advantage IS qu1ck sorting of -System obsolescence -uncena1nty leve ls in systems manage- ment dec1s1on mak ing -.Vhere •s th1s headed? .. • -DEC 111. Appllcatl-• Dev..,_,.t LanfiU,.e• o H•gh vs . tow level languages: -Ability to commun~ca te on same level as CPU -Steps 1nvotved '" transforming all :anguages to machme code • Lower level languages -Mach•ne code commun~c at1on d1rectly With CPU -Assembly very close to machme code o H•gh level languages -FORTRAN -COBOL -RPG II and RPG Ill -Logo -C -PASCAL (Subset of C) -BAS IC data -CBA SIC always executes 1n "in- termediate " code (very much like assembly language code) V. Syst.,._ Tecltnlque• o How flow chart•ng hts •n o Useful subroutines o Software demonstrations -PERTICPM model -Calli Arrest & C•tatlon Reg1ster and Analys•s Report -Subpoena track •ng and report•ng systems (S T A A S ) -Perso nnel roster -Annexat iOn and Development Patrol tmpact Model -A m1cro .C AD system -Questions and ansY>ers • o Management of people : -Protect leader -Executive support -Staff suppon -Incentives o Vendor selection -B•d processes -Evaluation processes -InterviewS I venficallon -Staff analys•s -Contract negot 1at10ns -Protests -Management of contract v•a dellverabtes and schedule I • • ,. • • • • CRIMINAL JU! Seminars tor C Uslllfl Computers In Law Enforcement: MAY 14 , 15 , and 16-THE REGISTRY HOTEL-NEWPORT BEACH , CALI FORNIA Police middle man~ and executives. Any police professional with responsibility lor committing the organization to aU1ornation , computers, systems and projects. What win you ,.,., • Hands-on experience demonstration • Knowledge about design development of: OBMS-Data Base Management Systems MIS-Management Information Systems OSS-Expert Systems and Decision Support • How to manage organization change toward compu1ers • Techniques lor projec1 systems management About the ..........,. Instructors: The first day woll be taught by Doug Johnson , current Oirec1or of T echnocal Servoces lor the Madera Police Department on California. Doug wrotes his own software and is currently the publisher of his own newsletter entitled The Public Safety Microsollware Anatyst. Havo ng anended and recenred much advanced computer traonong, and betng a college graduate wnh an advanced post certofocate and sworn poloce officer status. -are fortunate to have Doug devote homself to the hands-on portion of the semonar Doug has also successfully authored a number of artocles about the use of computers on law enforcement The second day woll be conduC1ed by Ernie Hernandt>z , Jr .. Ph.D It woll cover the organozatoonal and conceptual ossues whoch surround computer technology . These ossues woll concern the central· ozationldecentralozatoon controversy; songle stand-alone prcocessong vs . networked workstatoons ; the design , development and omplementatoon of management onlormatoon systems. data base management systems. and expert· decosoon support systems He woll also doscuss the omportance of employee produC1ovny . morale, and systems measurement processes-the role the computer plays for the organozatoon Or Hernandez has w ronen two bOOks , a traonong course guode and a newslener on police computer technology The newslener, Pollee Computer Bulletin , os read by over 1 ,000 agencoes every month • • An on troduC1ion to CAD (Computer Aoded Dospatching) • B uying Strategies-Prepurchase Decis ions • How to get a good computer contract • Course Handout Matero als-Lasting reference sources . Dr Hernandez 's book . Poloce Chief's Guode to Using Microcomputers. Software programs-Modern police soft· ware that works . The thord day woll led by Glenn Maron who woll be promaroly responsible for the Protect Systems Management portion of the seminar Glenn os president of Schema Systems. Inc , a technical systems management group. As a retored L A County Sherolf's Lieutenant . he has extensove experience desognong , buoldong . omplementong , and managing maJor law enforcement computer systems He has consulted to public safety agencoes throughout the U S , and has om plemented networked mocrocomputer systems on provate busoness Glenn os a graduate of the Unoversoty ol Southern Calolornoa , School ot Publoc Admonostratoon , and has receoved graduate traonong on computer scoence I • • - ' I • 'I I: I i I i I I I 'I II d . ! I I I! :: II ' • • • • USING COMPUTERS IN LAW ENFORCEMENT: A Comprehensive Seminar 3-DAYS : MAY 14 , t5, & 16-THE REGISTRY HOTEL, 18800 Mac Arthur Blvd., Irvine, California 91725 (71 4) 752-6777 This tOially comprehensive Mminar tailored exclusively for the law Enforce- ment professional is going to be taught by three different and experienced police computer experts and con- sultants. They work and are there in the trenches in police work . The three Mminar leaders are: • Doug ~-Director of Technical Services. Madera P .D; computer consul- tant and software writer; publisher of his own computer newsletter. • Glenn ---.-Active "big ticket " CRJ consultant; retired lieutenant, los Angeles County Sheriff's Dept .; project systems management expert . , .... ,.,,.,.: • Ernie Hernandez, Ph.D .-Publisher of Police Computer Bulletin; consultant and author of two books on police com- puters ; behavioral analyst. Los Angeles County Sheriff's Dept. There will be slide presentations, course handout materials, computer hand~ examples and training . tree computer books to attendees. software listings and morning and afternoon snacks and lunches (included on regostration lee). ........ ., ___ _ Martl your calendar end ......... the dat"l You won 't want to moss this forst- ever opportunity-finally a Mmonar geared just for law Enforcement Pre>- fessionats taught by law enforcement professionals. Special low room reserva- tion rates until April 22, 1984 ; ($80) call (714) 752-6777 . mention sem inar t itle put on by Criminal Justice Seminar Associates , Inc . Price bruks for early registration : $400 for single agency attendees and $375 for multiple attendees , same agency . Regular rate for those who wa it too long will be $475 -single , and $450 -multiple. For more informatiOn can · (714) 137~. ask lor Ernte . To register. fill in the information below and send to: CRIMINAL JUSTICE SEIIINAR ASSOCIATES , INC. 223141 Sunlight Creek • El Toro, California tH30 or call: (714) 137-6251 For Early Pric•Break Registration . check box : C Single Attendee -$400.00 f C Multiple Attendees (more than one from same agency) -$375 .00 - ·-·- For Late Registration , after April 22, 1984: C Single -$475 .00 C Multiple Attendees -$450 .00 CRIMINAL JUSTICE 1E-.AR ASSOCIATES, INC. 22311 lunllghl Creek • El Toro, c:.lllcltiM t2S30 CHIEF ~C~t RT R HOLMES P OL I CE OE~J HEAD UARJEPS lH 5 i ElA f1 S T EN~lEWUOU CC 80110 BULK RATE U 5 POSTAGE PAID EL TOAO . CA l'er1!111 No 105 I • • - r' I I' I ' ' ' : I: j . I ' I I r I I, I , I; ! j • • • • • 7 A BY Al1l'HORITY ORDINAN:E oo. I 4 SERIES CF 1984 <lXJOCIL BILL 00. 12 IN'l'RODUCED BY <lXJOCIL HfMBER WEIST AN ORDINA!CE APPROVIt«; AN EASfMENT 'ro SOO'nf SUBURBAN METROPOLITAN REX::RFATIONAL }H) PARK DISTRICT I A CUASI ~ICIPAL CX>RPORATIOO I FOR THE OX.ORADO DEMOOS'l'RATION TRAIL. tOol, 'ftfEREFORE, BE IT ORDIHNID BY THE CITY <lXJOCIL CF THE CITY CF ~. OX.ORADO: Section 1. 'ftlere is hereby approved an agreaaent titled "Recreation Trail Easement" granting to South &lburban Metropolitan Recreation and Park District an easement for the Colorado Demonstration Trail as is more fully set forth in said agreaaent attached hereto, marked Exhibit "A", and incorporated by reference. 'ftle Mayor and ex officio City Clerk-Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the canpletion of the pr-oject according to the terms of the License Agreaaent described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned 1.px1 the faithful and satisfactory perfoimanOe of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. "n1e Mayor of the City of Englewood and the ex officio City Clerk-Treasurer are hereby authorized to execute said License Agreaaent forthwith. Introduced, read in full, and passed on first reading on the 5th day of March, 1984. Published as a Bill for an Ordinance on the 14th day of March, 1984. Amended and passed as IIIIIB'lded on the 2nd day of April, 1984. Amenr:Dent published the 4th day of April, 1984. I j t I r j I I .l I • • !t I I ,, I. I tj 1: 'I It • II II t! l ,I 'I ·I 'I ;! i . .. I I • • • • • Read by title and passed on final reading the 16th day of April , 1984. Published by title as ordinance No. ___ , Series of 1984, on the 18th day of April, 1984 EUgene L. otis, Mayor Attest: ex offic1o city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fh3lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. H1Cjb8e / . ' 1 l I I I I I • • I ' l l l _I - ' ,. ' I II I· • I ' " '! \I .I II H \I I t ,I 'I ·I :I II i . • • • • REX:RFATIOO '!'RAILWAY FAS~ nus INDENI'URE, made this day of , 1984 between OOU'ni SUB~ METROPOLITAN REX:RFATIOO ~ PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY OF ENGL~, a Colorado J!Ulicipal corporation, of Arapahoe County, Colorado, herein referred to as Grantor. WHERFAS, Grantor is the owner of the hereinafter described lands; and WHERFAS, the District is desirous of constructing and maintaining a recreational trail across the lands of Grantor; oow, 'nfEREFQRE, in consideration of the Simi of One Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of loilich are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the construction, maintenance, removal and replacement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the County of Arapahoe, State of ())lorado, to wit: TO HAVE ~ TO HOLD the right herein granted unto District, its successors and assigns, forever for the purposes herein de- scribed provided, however, that at such time as said easement be no longer used for these purposes this easement, without legal process, shall forthwith revert to the Grantor hereof or its assigns. DISTRICT covm1INTS ~ 1\GREES: 1. To maintain the easement in a clean and sanitary condition and the improveme1ts thereon in good repair. 2. To ccmnence construction within fifteen (15) days of the date hereof and canplete the contemplated improvements in a reason- able period of time • 3. To hold Grantor harmless from any liability ar1s1ng from the use of said easement by any persons loilatsoever and to maintain liability and property <Wnage insurance adequate to so protect Grantor • .. .. _. ----------------------·-----·--·-·---- • • i 1 ' i ' ! I • • .., - .: I: :. r ! I I · I ~ r I 'I I • jl 11 I! ., '· 'I II I! ~ \ tl I ' I ' tl I :I I I 'I I ( I! ' ! .. ( . • • • • 4. TO confine access onto the property to the shortest feasible route from the nearest street. 5. TO allow only those vehicles on the easanent pcoperty necessary for the work to be performed. No private vehicle parking will be allowed. UpOn completion of project, all 'lotleel damage will be repaired as Described in No. 7. 6. TO return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. 'ftle storage will be done in a manner to maximize the chanCe for survival. 7. TO coordinate with respective OCIII(Bllie& all work concerning utilities (gas, telephone, water, aewer and service mains), and lllfiY damage incurred in construction will be rei.Jd)ursed to the involved CQl'4?iiDY by the builder. 8. TO scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil pceparation. 9. TO backfill trenches and compact to a minitmJn of 90\ of standard Proctor. Physical tamping will be done between maxillun 6" layers of backfilling. 10. TO replace stored top soil on the backfilled trench using techniques and procedures approva::l by the City inclooing scarifying as requested. ll. TO remove excess material from the site. 12. 'l'he within Trailway EasaDent shall extend to and be for the use and benefit of the District, its contractors and workmen for the tem above described. Grantor reserves the right to close the trail to the plblic in the event it detemines an unsafe condition exists or the trail is not being properly maintained for the plblic safety. Attest: Giiy R. R1gbee, ex offic1o City Clerk-Treasurer 2 GRAlft'()R: CITY a! 1KiLDiCXD By ________________ __ &lgene L. otis, Mayor • 1 I l I I l . I ': :I 1 1 I . I . I I ·1 i I I ; l .j 1 l I .j I I • - • • • • • • DISTRICT: OOU'nl SUBURBAN MEI'ROPOLITAN Rfl:REATION AND PARK DISTRICT Attest: By Title STATE <F ())LORADO ss. COONTY <F ARAPAHOE 'nle foregoing instrlmiE!I'lt was acknowledged before me this day of , 1984 by or-5outh Suburban Hetropol1tan Recreation and Park Distr1ct. Witness my hand and official seal. My COmmission expires STATE <F ())LORADO ss. COONTY <F ARAPAHOE Notary Public 1\ddress: 'nle foregoing instrlmiE!I'lt was acknowledged before me this day of , 1984 by rugene L. otis as Mayor and Gary a=-- Higbee as ex officio City Clerk-Treasurer of the City of Englewood. Wi tness my hand and official seal • My Commiss i on expi res 3 Notary PUblic 1\ddress : .. ------...... I I I I • l 1 I j - ' • ( • • • LICENSE AGREEMENT nus LICENSE AGREEMENT, merle this day of , 19 , between the CITY CF ENGLEWOOD, a""""'iiiliiUCipal corporat1on of the State of Colorado, herein referred to as "City", and OOUTH PLATTE RIVER GREENWAY FCXJNDATIOO, INC. herein referred to as "Licensee". WITNESSETH 'n"le term "Licensee" shall include enployees, agents and contractors of Licensee. 'n"le term "property" as used herein refers to real property and includes easanents, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Colorado Demonstration Trail on the City of Englewood golf course fran the confluence of Bear Creek with the SOuth Platte River up Bear Creek to the west p;:operty line of the City of Englewood golf course. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to cannencement of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of energency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs, but shall notify the City of the nature and extent of any such energency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install , repair, renove or relocate any of its facilities located within the City's property at any tUne and in such a manner as it deems necessary or convenient. In the event I • • • • - Licensee's installations should interfere with the City's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, imnedi- ately relocate, rearrange or remove its installation so as not to interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the City, its successors or assigns. 4. Licensee shall complete its installation, clear the area of all construction debris and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the area is not completed within the time specified, the City may complete the work at the sole expense of Licensee. 5. All City roads and fencing ..tlich are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modification, operation, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition satisfactory to the City. Restoration of roads shall include, but is not limited to, resurfacing ..tlen deemed necessary by the City. If restoration is not accomplished by Licensee within the time specified, the City, at its election, may perform such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment and maintenance of its installations in such a manner that the City, at all times, shall have full and complete access to its property. 6. Licensee shall not trim or cut down any trees, shrubs, or brush on City's property without permission of the City. When required by City, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City. 7. All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench. Layers shall be brought up uniformly compacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90\ of Standard Proctor. 'ltle moisture content of the material shall be adjusted as required to secure the above density. 'ltle amount of water used shall be sufficient to obtain the maximun density specified. ~n moisture is in excess of that necessary for proper compaction, the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City. 2 I I· jl ., I •' I ' ·: 1 ' 'j ; l i! I I • • • • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modification, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dam- ages, actions or causes of action and expense to lotlich it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be perfonned by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to carmencement of the work, an insurance policy or policies in amounts and with companies satisfactory to the City which will protect the City from any loss or damage resulting from the work perfonned b-J the contractor. 10. All work authorized by this License shall be perfonned by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's responsibility to determine the existence of any rights, uses or installations conflicting with the Licensee's use of the City's property here- under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (1) year, or if Licensee shall at any time fail or refuse to comply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allowed, City, without incurring liability, may remove said installation at Licensee's expense. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, anployees and agents, shall not terminate in any event. 3 • I· j l i i. I ,, I ' I i j I I, ' I I r I j · ,. 1: l I • • • ' l '! I I I ( I I l f I I I ! I. I I ( • ( • • • 14. 'lbe rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. Licensee shall canply with all applicable laws and ordinance and all rules, regulations and requiranents of any governmental authority promulgated thereunder controlling environnental standards and conditions of the premises. If, as a result of Licensee's ~Y of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save haD!Iless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. 'Ibis License is subject to the foregoing conditions and to the following special conditions: 17. upon canpletion of the ~ovements and upon (1) approval by the City and (2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the Easanent Agreanent authorized by Council Bill No. U, Series of 1984," with the appropriate legal description inserted and such other necessary information as is required to convey the easement to South &lburban Metropolitan Recreation and Park District. IN WI'mESS WHERmF, this instri.IIIE!Ilt has been executed as of the day and year first above written. APPR>VID: Director of Parks and Recreat ion APPR>VID AS 'ro FORM: City Attorney 4 CITY <F EIG.l'.WOOO ~----------~~=Mayor A'M'EST: ex off1c1o Cit y Cl erk- Treasurer • I . - ( ( ( • • • • The undersigned authorized officer of----.----~-:-- ·-.---::-~----=:------,..---~.--,--,--=~-=--has read the foregou1g License and agrees for and in behalf of said ----- that 1t will accept and will abide by all the terms and cond1tions thereof. LICENSEE: A'M'EST: Title ~------------ Title (SEAL) Address: Phone: 5 • I . - • ORDINAtCE oo.l.i_ SERIES OF 1984 • • • BY AIJI'HORITY a:lUOCIL BILL 00. 12 INTROOUCID BY axJOCIL MEMBER WEIST AN ORDINAtCE APPROVI~ AN EASD1mr ro SOUTH SUBURBAN METROPOLITAN ROCRFATIONAL AND PARK DISTRICT, A CUASI-HtiUCIPAL CORPORATION, FOR THE COLORADO DEMONSTRATION TRAIL. tl:JW, 'nlEREFORE, BE IT ORDAINED BY THE CITY a:lUOCIL OF THE CITY OF m>LEW<XX>, COLORAOO: Section 1. There is hereby approved an agreement titled "Recreation Trail Easement" granting to South &lburban Metropolitan Recreation and Park District an easement for the Colorado Demonstration Trail as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incorporated by reference. The Mayor and ex officio City Clerk-Treasurer are authorized to approve said easement PJrsuant to the terms of this ordinance after the canpletion of the project according to the terms of the License Agreement described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned upon the faithful and satisfactory perfonnanoe of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the City of Englewood and the ex officio City Clerk-Treasurer are hereby author i zed to execute said License Agreement forthwith. I ntrod uced , r ead in full , and passed on firs t r ead ing on the 5th day of March , 1984 . Published as a Bill for an Ordinance on the 14th day of March, 1984. Amended and passed as amended on the 2nd day of April, 1984. AmEnc:bent PJblished the 4th day of April, 198 4 . • , I . - I ; ' i I I ' ' r t' r I :I II • I! t I t : ! : II ; I' I ,I , I I I ; I 'I . ( f • • • • Read by title and passed on final reading the 16th day of April, 1984 • Published by title as Ordinance No.J_:{_, Series of 1984, on the 18th day of April, 1984 Attest: &lgene L. otis, Mayor ex offic10 City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !n;Jlewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and ~blished by title as Ordinance No.~, Series of 1984. Gary R. Hlgtlee • l I j I ! I I I • - t I I : I . c j ~ I. I i I ; I : I j i I r ~ t i r ' . f I ! r, 1 I • '. t I r i I I l I I i I I I . I I II I' :I : l t ~-- • • • • REX::REATION TRAILWAY EASEMmr nus INDENTURE, ma::le thi s day of , 1984 between OOUTH SUBURBAN METROPOLITAN REx::REATION AW PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY OF ENGLEW(X)[), a Colorado municipal corporation, of Arapahoe County, Colorado, herein referred to as Grantor. WITNESSE'm WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constructing and maintaining a recreati onal trail across the lands of Grantor; NOW, THEREFORE, in consi deration of the sum of One Dollar ($1 ) and other good and valuable considerati ons paid by Di strict, r eceipt and suffi c i ency of wh i ch are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the Distr i ct, its suocesso rs and assigns, a perpetual easement for the construction, maintenance, removal and replacement of a recreational trail in accordance wi th the plans hereto attached under the following described property situate in the County of Arapahoe, State of Colorado, to wit: TO ~VE AND TO HOLD the right her ein granted unto Distri ct, i ts successors and assigns , fo r ever f or the PJrposes herein de- scribed provided, however, that at such time as said easement be no longer used for these PJrposes this eaiMIIIE!nt, without legal process, shall forthwith r evert to the Grantor her eof or i ts assigns. DISTRICT~ AND AGREES: 1. To maintain the easement in a clean and sanitary condition and the improvements thereon in good repair. 2. To CQmlence construction within fifteen (15) days of the date hereof and canplete the contemplated improvements in a reason- able period of time. 3. To hold Grantor harmless from any liability arising from the use of said easement by any persons lobatsoever and to maintain liability and property damage insurance adequate to so protect Grantor. i: I j I :I I • - ( I • • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow ooly those vehicles oo the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all 1obeel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. 'lhe storage will be done in a manner to maximize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, water, sewer and service mains), and any &image incurred in construction will be rei.mursed to the involved cmpmy by the builder. 8. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil ~eparation. 9. To backfill trenches and compact to a minimll'll of 90\ of Standard Proctor. Physical tamping will be done between maxiiiiiJ'll 6" layers of backfilling. 10. To replace stored top soil oo the backfilled trench using techniques and ~ocedures approved by the City including scarifying as requested. 11. To raDOYe excess material from the site. 12. 'lhe within Trailway EasaDent shall extem to and be for the use lK1d benefit of the District, ita contractors lK1d workmal for the teDII above deacr ibed • Grantor reeerv• the right to close the trail to the public in the event it detennines an unsafe condition exists or the trail is not being ~operly maintained for the public safety. Attest: Gary R. Higbee, ex ott1c1o City Clerk-Treasurer 2 GRANTOR: CITY CR 1!I«JLDi())O ~~--~~~~~-EUgene L. Otis, Mayor • l ' I I • • ~ J I o ___ ----<:1,r.:l.~· I o ( I I • • • Attest: STATE CF Cl>LORAOO ss. COONTY CF ARAPAHOE DISTRicr: SOUTH SUBURBAN METROPOLITAN REX:Rf'.ATION Nil PARK DISTRicr By Title The foregoing instrli!IE!I'lt was acknowledged before me this day of , 1984 by of South SUburban Metropol1tan Recreation and Park District. Witness my hand and official seal. My Commission expires STATE CF CXlLORADO ss. Notary Publlc Address: The foregoing instnment was acknowledged before me this day of , 1984 by &!gene L. Otis as Mayor and Gary ~ Higbee as ex officio City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal. My Commission expires 3 Notary PUblic Address: I l l • L ~ l I I • • ··~~~~~~~~~--~-··::: ~~~-·----------------------~-----·--~--------------~~uuL-______ ~~·In • • • • • LICENSE AGREEMENT 'nUS LICENSE AGREEMENT, merle this day of 19 , between the CITY CF ENGLEl-1000, aliiliillcipal cor-po-ra_t,_l~'o_n_o_,£' the State of Colorado, herein referred to as "City", and SOUTH PLATTE RIVER GREENWAY F<XJNDATION, INC. herein referred to as "Licensee". WITNESSETH The term "Licensee" shall include employees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Colorado Demonstration Trail on the City of Englewood golf course fran the confluence of Bear creek with the South Platte River up Bear creek to the west property line of the City of Englewood golf course. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. 'n'le City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to ccmnencement of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of emergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs, but shall notify the City of the nature and extent of any such emergency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's property at any tUne and in such a manner as it deems necessary or convenient. In the event ! j: ,. I I I. I . I j ; ' li 1• l j> ' ,. I • • • • • , . • Li censee 's i nstal lations s ho uld interfere wi th the City's use or operation of its property, at any time hereafter, Licensee shall, upon request by the Ci t y and at Licensee's sole expense, immedi- ately relocate, rearrange or remove its installation so as not to interfere with any such Ci ty use and to remove the installation of Licensee when necessa r y or convenient for the City, its successors or assigns. 4. Licensee shall complete its installation, clear the area of all construction debris and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the area is not completed within the time specified, the City may complete the work at the sole expense of Licensee. 5. All City roads and fencing which are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modif i cation, operation, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition satisfactory to the City. Restoration of roads shall include, but is not limited to, resurfacing when deemed necessary by the City. If restoration i s not accamplished by Licensee withi n the time spec if ied, the City, at its election, may perform such restoration a t Lice nsee's expense. Licensee shall conduct all construction, mod if ication, operati on, repair, replace- ment and maintenance of i ts i nstall a t i ons in such a manner that the City , at a l l times, sha l l ha ve f ull and comp l ete access to i ts pr opert y. 6 . Li censee sha ll no t trim or cut down an y trees, shrubs, or brush on Ci ty's property wi thout perm i ss i on o f the Ci t y. When r equired by City, Li censee, at i t s ex pense , shall tr im or cut down trees , shrubs or brush and r emov e and dispo se of cutt ing debris to the satisfact i on of City. 7 . All trenches and excavations within City property shall be backfilled in the following manner: the trench or e xcavation shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench. Layers shall be brought up uniformly compacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot , to 90\ of Standard Proctor . The moisture content of the material shall be adjusted as required to secure the above density . The ClllOunt of water used shall be sufficient to obtain the maximllll density specified . When moisture is in excess of that necessary for proper compaction , the Licensee shall be required to grade , mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City. 2 I • • • - o I i I I I I I , I I . I ~ I I I l I i r I r 1 I I • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modification, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dam- ages, actions or causes of action and expense to which it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be perfoDIIE!d by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to carmencernent of the work, an insurance policy or policies in aroounts and with companies satisfactory to the City which will protect the City from any loss or damage resulting from the work perfoDIIE!d by the contractor. 10. All work authorized by this License shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's responsibility to determine the existence of any rights, uses or installations conflicting with the Licensee's use of the City's property here- under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (l) year, or if Licensee shall at any time fail or refuse to comply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allowed, City, without incurring liability, may remove said installation at Licensee's expense. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, employees and agents, shall not terminate in any event. 3 I • - • • • • • 14. 'Ihe rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. Licensee shall canply with all applicable laws and ordinance and all rules, regulations and requiranents of any governmental authority promulgated thereunder controlling environmental standards and conditions of the premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is v iolated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. 'Ibis License is subject to the foregoing conditions and to the following special conditions: 17. Upon canpletion of the ~ovements and upon (1) approval by the City and {2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the Easanent Agreanent authorized by Council Bill No. 12, Series of 1984," with the appropriate legal description inserted and such other necessary information as is required to convey the easanent to SOuth Suburban Metropolitan Recreation and Park District. IN WITNESS WHERIDF, this instnnent has been executed as of the day am year first a bove wr i tten. APP~: Director o f Pa r ks and Rec reation APPROVFD AS TO FORM: City Attorney 4 CITY C£ !Xii.DKXX> By-----~=~ Mayor ATTEST: ex off1c1o City Clerk- Treasurer I i I J I ;I .I ! ·' ' .i I "j l .1 :• i I ·l I I I • - • \. • • • The undersigned authorized officer of -----;------.--;-:--has read the ..,f-o-reg-o-ri-ng--=L,..,i~ce-ns_e_and--=--ag_r_ee_s__,f""""o_r_and~...,l-n""""'be:--:-ha--=-l""'f-o"""'f~sa-id ----- that it will accept and will abide by all the terms and conditions thereof. LICENSEE: ATTEST: By Title Title (SFAL) Address: Phone: 5 I • • -----" - ' • ORDINAOCE 00. SERIES <F 198:.,.3--- • • • BY AtJrHORITY CCXJOCIL BILL 00. 13 INTRODUCED BY <XX.JOC IL MEMBER NEAL AN ORDINAOCE AvrHORIZING FIRS!' AHaiDMENT ro AGREEl1ENI' BETWEEN 'lliE CITIES CF LI'M'LE'roN AND ENGLDiOOD, CX>LORAOO, FOR JOINT WASTDiATER TREA'll1ml' FACILITIES 'ro JOINTLY OPERATE 'lliE JOINT-usE WASTDiATER TREA'll1ml' FACILITY. WHEREAS, the City of Englewood and the City of Littleton are home rule cities operating under charters pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of both cities and within the specific provisions of C.R.S. 29-1-201 et seq.; and WHEREAS, considerable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-Use ~tewater Treatment Facility; and WHEREAS, both parties have cane to a mutual agreement llotlich is titled "First Amendment to Agreement Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treatment Facilities;" t«M, 'lliEREFORE, BE IT ORDIHNED BY 'lliE CITY CCXJOCIL CF 'lliE CITY CF ~. OlLORADO, AS FOLLOWS: Section 1. That the City of Englewood shall contract with the City of Littleton, COlorado, according to the provisions of the written instnment captioned "First Amendment to Agreement Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treatment Facilities," which agreement is attached hereto, consist i ng of four (4) typewritten pages, and i ncorporated by reference. Secti on 2. The Mayor of the City of Engl ewood is he r e by author- l Zed and directed to execute the instrument incorporated by reference in Section 1, and the ex officio City Clerk-Treasurer shall duly attest said execution. I ntrod uced , read in full , amended, and passed on first reading as arneroed on the 2nd day of April , 1984 . • 7 8 I ' I iL • • I !• .I '1 I i ,, - ·I .. I I' ,. I 'I ' II !, f• il I lr '· •' ,r I! ·l ;i ' :r 'I '• il H if , I • f I 1 • • • • 1984. Published as a Bill for an Ordinance on the 4th day of April, Read by title and passed on final reading on the 16th day of April, 1984. Published by title as Ordinance No •. ___ , Series of 1984, on the 18th day of April, 1984 • Attest: &lgene L. Otls, Mayor ex officio Clty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of l!hglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. H1gbee .... . .. ... -~--- • I j; 'l• r ·I I . -• • • FIRST AMENDMmr 'IO AGREFl'IENI' BE'IWEEN 'ffiE CITIES OF LITTLETON AND ENGL~OOO, CX.ORADO, FOR JOim' WASTEWATER TREATMENI' FACILITIES AGREEMENr lllCrle this day of , 1984 by and between the CITY OF LITTLETON, COLORADO, hereinafterreferred to as "Littleton", and the CITY OF ENGLEWOOD, CX.ORADO, hereinafter referred to as "Englewood." WHEREAS, on the 6th day of December, 1982, Littleton and Englewood (hereinafter collectively referred to as the "Cities") entered into an agreement of ownership and operation of the Bi-city Wastewater Treatment Plant; and WHERFAS, the Cities, by previous agreement, are joint owners of the Joint-Use Wastewater Treatment Plant, each owning and entitled to fifty percent (50\) of its operating capacity of approximately 20 million gallons per day (MGD) with Littleton entitled to approximately 10 MGD and Englewood being entitled to approximately 10 MGD; and WHERFAS, Englewood is the sole owner of the Englewood Waste- water Treatment Plant, including all related facilities and associated property; and WHERFAS, it is anticipated by the Cities that, in the future, the property owned by Englewood and used for PJrposes of the Englewood Wastewater Treatment Plant will be necessary to accamlO- date planned expansions of the Joint-Use Wastewater Treatment Plant; and WHEREAS, the Cities desire to formally provide for utiliza- tion of the property associated with the Englewood Wastewater Treatment Plant for future use as an expansion site for the Joint Use Wastewater Treatment Plant; and WHEREAS, Englewood, upon the completion of certain modifica- tions to the Englewood Wastewater Treatment Plant will realize a significant increase in treatment capacity beyond that which it presently needs; and WHEREAS, Littleton has determined that it needs additional treatment capacity in the Joint-Use Wastewater Treatment Plant in order to serve its needs and those of parties which it has con- tracted with for wastewater treatment; and WHEREAS, Englewood desires to lease additional capacity to Littleton; ···------... _ -·----.. ·-------.... ..... --. -.. _ ·-.. • • ! l 1 I j; • I '· I 1-/ . I. I ~ i l I. ! ! ]I I . I I • • • • • NCM, 'IHEREFORE, IN O)NSIOERATION of the mutual pranises and covenants hereinafter recited, the parties agree: 1. Englewood shall and hereby does lease to Littleton treat- ment capacity in the facilities commonly known as the Joint-Use Wastewater Treatment Plant equivalent to one-eighth (1 /8) of the treatment capacity of the Englewood wastewater Treatment Plant, based upon the present capacity of said plant and includir.g any increases in capacity of said plant lotlich may occur fran the 1983 /84 expansion (expansion from 5 MGD to between 8 and 10 MGD total), and further agrees that the property associated with the Englewood wastewater Treatment Plant and described on Exhibit A attached hereto and incorporated herein by this reference, shall be available to Littleton in conjunction with Englewood, for use as an expansion site for the Joint Use wastewater Treatment Plant, and that the right for said use, including the right to establish improvements of a permanent nature on said property, shall not require any further payment by Littleton to Englewood. 2. In any future expansion of the Englewood wastewater Treatment Plant, Littleton shall have the right t o pay for and receive one-eighth (1 /8) of said expansion or such other i ncreased amount in excess of the one-eighth (1 /8) as the parties may agree. 3. The lease of capaci t y to Li t tleton as descr i bed in Paragraph 1 above shall commence at such time as the current expan- sion of the Englewood wastewater Treatmen t Plant is completed and said plant, including sai d expansion, i s on line and operating. The lease shall terminate at such time as the Englewood wastewater Treatment Plant is shut down d ue to the need to expand the Joint- Use wastewater Tre atment Plant f acilities onto land presently occupied by the Englewood was t ewater Trea tment Plant . 4. In cons ideration of the l ease of capacity and for t he r ight t o use the property described in Exhi b it A, all as described i n Parag r aph 1 above , Littleton shall pay Englewood sums descr i bed in A and B below according to the terms therei n stated: A. The sum of Five Hundred Seventy-eight 'lllousand Dollars ($578,000), lotlich is one-half (1/2) of the current appraised value of the property described in Exhibit A. Said amount shall be paid within thirty (30) days of the date the construction contract for the expansion of the Englewood Wastewater Treatment Plant is executed by Englewood. B. A sum equal to one-third (1 /3) of the cost of the expansion of the Englewood wastewater Treatment Plant, including all design , inspection and construction costs associated with said expansion. Said Sl.lll shall be paid to Englewood in such periodic aroounts as necessary based on progress billings as Englewood shall incur, with Littleton payment an aroount equal to one-third (1/3) of each such progress payment within thirty (30) days of receipt of a request for such payment from Englewood. 2 i· • ., I. I • • -------.. ·---· • • • .. • ~1 -16 -fLJ- s. 'ft1e mal (Zoperty dnc:ribed in Exhibit A is neceeeary for present use and future exparwion of the Joint-uee Nutewater Treatment Plant, and it is the intent of t.his agreaDent that the property will alwye be UMd for wut:ewater treatment purpo.ee for the benefit of both citi•. 6. 'Ibis ~~t lhall be carwidered as an dUtion to the agreement bet~~Mer~ the Cities dated llecalmer 6, 1982, regarding ownership and operation of the Joint-uee Naat:ewater Treataa~t Plant and, except as (ZOVided herein, said DllcentJer 6, 1982 agretllla'lt 'shall ra.ain in full force and effect. 7. 'Ibis ~r1w1nt lhall be ncorded in the rul •tate ncords of the OMmty of Ar~, State of COlorado, upon execu- tion of both p&rti•. ex officio City CLirk-Traasurer cl ty Attorney crrr c.-LiftLB'I'OII, cor.ouoo ~--------------·------ cit)' Xttorrwy 3 • i' ' ,· J: I • • - • • I f ! l I I \ • • • • • 5. -In ~e event: the real property described in Exhibit A is gc 1el'll)er necessary for sewer treatment PJrposes and it has been detennined that said property is not necessary for future expansion of the Joint-Use Wastewater Treatment Plant, the City of Englewood may elect to PJrchase from the City of Littleton for a sum equal to one-half (1/2) of the value of said property described in Exhibit A. 6. 'ltlis agreenent shall be considered as an addition to the agreement between the Cities dated I:lec:enj)er 6, 1982, regarding ownership and operation of the Joint-use Wastewater Treatment Plant and, except as provided herein, said December 6, 1982 agreement shall remain in full force and effect. 7. 'ltlis agreenent shall be recorded in the real estate records of the Coooty of Arapahoe, State of Colorado, upon execu- tion of both parties. CITY CF !NGLEWOOO, OX.ORADO ATTEST: By ex officio city Clerk-Treasurer &lgene L. Otls, Mayor .1\pproved as to Form: C1ty Attorney CITY CF LITTLE'l'ON, COLORAOO ATTEST: By __________________ __ .1\pproved as to Form: C1ty Attorney 3 ~---:-----·---·-···-- • I • . ' 'i I I I I I i I ' t ( I • I I I I , I ' • • • EXHIBIT "A" That part of the East 1/2 of the NE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follolliB: mlGINNING at the t1o1 corner of the 9fl 1/4 NE 1/4 NE 1/4 of Section 33; thence South 0 degrees 07' East, 987.20 feet along the West line of the E 1/2 NE 1/4; thence South 89 degrees 53'37" East, 622.84 feet along the South line of the N 1/2 N 1/2 SE 1/4 NE 1/4; thence North 0 degrees 07' West, 342.88 feet along a line parallel to and 25 feet East of the west boundary of a tract of land described in Book 1271 at page 138 of Arapahoe County Records to a point 15 feet North of the South line of the s 1/2 of the 9fl 1/4 NE 1/4 NE 1/4; thence South 89 degrees 53'37" East, 37.16 feet parallel to said South line to a point on the East line of said S l/2; thence North 0 degrees 07' West, 314.02 feet along the East line to the NE corner of said S 1/2; thence North 89 degrees 52'02" west, 352.00 feet along North line of said s l/2; thence North 0 degrees 07' west, 330.00 feet along a line parallel to and 308 feet fran the west line of the E 1/2 of the NE 1/4; thence North 89 degrees 52'02" west, 308.00 feet to the Point of Beginning. EXCEPT the following strip of land: A strip 20 feet wide (N-5) and 266 feet long (E-w) in the Southwest corner of the S 1/2 9fl l/4 NE 1/4 NE 1/4 of said section 33, as recorded in Book 974 at page 337 of Arapahoe Co~.r~ty Records. • ., ~ '· ,I !; i, . I • • - \ / ORDINA!CE 00. f ~ SERIES <F 198'74-'---- • • • BY AlJl'HORITY 7 COUOCIL BILL 00. 14 INTROOUCID BY COUOCIL MEJ1BER BILO AN ORDINA!CE APPROVING AN EAS»1ENN' 'ro OOUTH SUBURBAN METROPOLITAN REX::REATION AND PARK DISTRICT, A C()ASI~ICIPAL CORPORATION, FOR 'IHE REX::REATIONAL TRAIL ON 'IHE OOUTH PLATTE RIVER B~ BATES AVENJE AND HAMPDEN AVENUE. ~. 'IHEREFORE, BE IT ~INID BY 'IHE CITY COUOCIL CF 'IHE CITY <F ENGLDiOOO, ())LORADO: Section 1. ----There is hereby approved an agreement titled "Recreation Trailway EasEment" granting to south &.lburban Metropolitan Recreation and Park District an easement for the Recreational Trail between Bates Avenue and Hampden Avenue, as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incor- porated by reference. The Mayor and ex officio City Clerk- Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the completion of the project according to the terms of the License Agreement described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned upon the faithful and satisfactory performance of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the City of ~lewood and the ex officio City Clerk-Treasurer are hereby authorized to execute said License l\greanent forthwith. Introduced, read in full, amended and passed on first reading as amended on the 200 day of April, 1984. 1984. Published as a Bill for an Ordinance on the 4th day of April, Read by title and passed on final reading on the 16th day of l\pr il , 1984. l 1 J I I l· I I I i . ' I l f l !· l j. I I: I l: I t l· I I ! I • • - • • • • • Published by title as Ordinance No •. ___ , Series of 1984, on the 18th day of April, 1984. FA.lgene L. 0t1s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of J:n3lewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and plblished by title as Ordinance No. ___ , Series of 1984. Gary R. Higbee ' j' I I I I '· I I' 1: j l· j; l: 1. I l. Jl I r I· f 1· I • - • i I I " r I l i ' I f I II ll I I i ' I . [ i II I I I I II ~ .. __ • • • • REX:REATION '!'RAILWAY FASEMENI' nus INDENTURE, merle this day of , 1984 between OOU'ni SUBURBAN Mm'ROPOLITAN REX:REATION AND PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY OF ENGLEWCX){), a Colorado municipal corporation, of Arapahoe County, Colorado, herein referred to as Grantor. WITNESSETH WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constructing and maintaining a recreational trail across the lands of Grantor; NOW, THEREFORE, in consideration of the sum of One Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of which are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the construction, maintenance, removal and replacement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the County of Arapahoe, State of Colorado, to wit: 'ro HAVE AW 'ro HOLD the right herein granted unto Distri ct, its successors and assigns, forever for the purposes herein de- scribed prov i ded, however, t hat a t such time as said easanent be no longer used for these ~rposes thi s easanent, without legal process, shall forthwith rever t to t he Grant or hereof or its assigns. DISTRICT COVENANTS AND ~: 1 . To maintain the easement in a clean and sanitary condition a nd the improvanents thereon in good repair. 2 . To ccmnence construction within fifteen (15) days of the date hereof and canplete the contemplated improvanents in a reason- abl e period of time . 3 . To hold Gr a n t or harmless fr an any liabil ity arising fran t he u se of said easanent by any persons whatsoever a nd to maintain l iab ility and proper t y d amage insurance adequate to so protect Grantor. • I r I • - ! . , .. I I· ,I I !; , 'I I !, I If . H f 't q f I ~ ; ~ I I I I I ~! d I f I • I t I I I ~ ll : I f l I I I~ I! \ II I. !I It I • • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all lttleel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. 'ltle storage will be done in a manner to maxUnize the chance for survival • 7. To coordinate with respective companies all work concerning utilities (gas, telephone, water, sewer and service mains), and any damage incurred in construction will be reimbursed to the involved company by the builder. 8. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minim1.111 of 90\ of Standard Proctor. Physical tamping will be done between maxUn\.111 6" layers of backfilling. 10. To replace stored top soil on the backfilled trench using techniques and procedures approved by the City including scarifying as requested. ll. To remove excess material from the site. 12. '1tle within Trailway EasEment shall extend to and be for the use and benefit of the District, its contractors and workmen for the teDn above described. 13. '1tle Grantor does not warrant title to that property legally described herein. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer 2 GRAm'OR: CITY <F !NGLDKXX> ~~--~~~~~~ Eugene L. otis, Mayor I • • i I t 1 ' I I I ,, I i ! I I I i I II I' i i ~ I I: 'I I , I I I: It tl d '• :, II • Attest: srATE CF CX>LORADO ss. COONTY CF ARAPAHOE • • • DisrRICT: SCX1l'H SUBURBAN METROPOLITAN REX::REATION AW PARK DISTRICT ~------------------ Title 'n1e foregoing instr\DIS'lt was acknowledged before me this day of , 1984 by --- of South &lburban Metropolitan Recreation and Park oistnct. Witness my hand and official seal. My COmmission expires srATE CF OOLORADO ss. COONTY CF ARAPAHOE Notary Publlc Address: 'n1e foregoing instrunent was acknowledged before me this __ _ day of , 1984 by Dlgene L. otis as Mayor and Gary R. Higbee as ex officio City Clerk-Treasurer of the City of Englewood. Wi t ness my hand and o f f icial seal . My COmm i s sion ex p ires 3 No tary PUblic Address: '' I . l I ' j I j 1: 1 I 1: l I . ' • • • - LICENSE AGREEMENI' THIS LICENSE AGREEMENI', mCK3e this day of 19 , between the CITY OF EN>LaiOOD, a municipal cor-po-ra-t-1~. o-n-o-=f the State of Colorado, herein referred to as "City", and ·---==------------------' herein refe-r-red-..-"""t_o_as_ "Licensee". WITNESSETH The term "Licensee" shall include enployees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Recreational Trail from Bates Avenue to Hampden Avenue on the South Platte River. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to coomencement of the construction of, modifications ot: repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of anergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs, but shall notify the City of the nature and extent of any such anergency wor'k. 3. In granting this License, the City reserves the right to ma'ke full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's property at any time and in such a manner as it deems necessary or convenient. In the event 1 I • • _ .. ___ _ • • • • Licensee's installations should interfere with the City's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, immedi- ately relocate, rearrange or remove its installation so as not to interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the Ci ty, its successors or assigns. 4. Licensee shall complete its installation, clear the area of all construction debris and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the area is not completed within the time specified, the City may COOlplete the work at the sole expense of Licensee. 5. All City roads and fencing ..tlich are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modification, operation, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition satisfactory to the City. Restoration of roads shall include, but is not limited to, resurfacing when deemed necessary by the City. If restoration is not accomplished by Licensee within the time specified, the City, at its election, may perform such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment and maintenance of its installations in such a manner that the City, at all times, shall have full and complete access to its property. 6. Licensee shall not trim or cut down any trees, shrubs, or brush on City's property without permission of the City. When required by City, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City. 7. All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench. Layers shall be brought up uniformly can- pacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90% of ::.ca.ldard Proctor. The moisture content of the material shall be adjusted as required to secure the above density. The amount of water used shall be sufficient to obtain the maximum density specified. When moisture is in excess of that necessary for proper compaction, the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City. 2 • I • • ~ I I I . I I I I I ! I l I I I l • • • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modifica- tion, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dan- ages, actions or causes of action and expense to lotlich it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to carrnencenent of the work, an insurance policy or policies in amounts and with canpanies satisfactory to the City which will protect the City from any loss or damage resulting from the work performed by the contractor. 10. All work authorized by this License shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreanents, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's responsibility to determine the existence of any rights, uses or installations conflicting with the Licensee's use of the City's property here- under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (1) year, or if Licensee shall at any tUne fail or refuse to comply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allowed, City, without incurring liability, may remove said installation at Licensee's expense. 3 I • • l I I I I I t • • • 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, employees and agents, shall oot terminate in any event. 14. 'lbe rights granted Licensee hereunder may oot be assigned without the written consent of the City. 15. Licensee shall comply with all applicable laws and ordinance and all rules, regulations and r~irements of any governmental authority promulgated thereunder controlling environmental standards and conditions of the premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. 'ftlis License is subject to the foregoing conditions and to the following special conditions: 17. UpOn completion of the imp~:ovements and upon (1} approval by the City and (2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the EasaDent llgreaDent authorized by Council Bill No. 12, series of 1984, • with the appropriate legal description inserted and such other necessary information as is required to convey the easement to South SUburban Metropolitan Recreation and ·Park District. IN WITNESS wtER!Xlf', this instr\IMOt has been executed as of the day and year first above written. APPROVW: Director of Ut1lit1es APPROVW AS 'ro I!'OR't: city Attorney 4 CITY C'R 1!NCU1«XX> 8¥----------~~--Mayor A'M'EST: ex officio City Clerk- Treasurer - . \ i t I i I • \ \ I I • • • • 'l'he ur»ersigned authorized officer of -=---..... -...,..,.----= ---~--=-..---:--:--r-.,.--=----.~ has read the foregou~ License and agrees for and in behalf of sa1d -~-,---that it will accept and-..-Wl-. .... 11.--ab.,.......id~e__,....by-al-=-=-l""'"the.,--...,te-rm-s-and-- conditions thereof. LICENSEE: A'l"l'EST: By _________ _ Title Title (SEAL) Address: PhOne: 5 1 l 1· \: I ,. I . • - I I I I I I· I I ' t OROINAOCE 00. !5 SERIES OF 1984 • • • BY AtJl'HORITY COOOCIL BILL 00. 14 INTROIXJCID BY COUOCIL HD1BER BILO AN ORDINAOCE APPROVING AN EAStl'UNI' TO &XJTH SUBURBAN METROPOLITAN ROCREATION AND PARK DISTRICT, A ~ASI~ICIPAL CORroRATION, FOR 'mE REX:REATIONAL TRAIL ON 'mE &XJTH PLATTE RIVER B~ BATES AVE2ruE Am HAMPDEN AVENUE. ~. 'mEREFORE, BE IT ORDIUNED BY 'mE CITY COOOCU, OF 'mE CITY OF ~~000, COLORADO: Section 1. ----There is hereby approved an agreenent titled "Recreation Trailway Easement" granting to South &lburban Metropolitan Recreation and Park District an easement for the Recreational Trail between Bates Avenue and Hampden Avenue, as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incor- porated by reference. The Mayor and ex officio City Clerk- Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the completion of the project according to the terms of the License Agreement described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned upon the faithful and satisfactory performance of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the City of Ebglewood and the ex officio City Clerk-Treasurer are hereby authorized to execute said License Agreement forthwith. Introduced, read i n fu ll , anended and passed on first reading as anended on the 2nd d ay of Apr il , 1984. Published as a Bill for an Ordinance on the 4th day of Apr il , 1984 . Read by title and passed on final reading on the 16th day of April , 1984 • I j j· I ' I I f. I l I I l· l. l. ' j· i. I • • - i • l ~ I I I I I • \ \ f I • I ! I ! I I ! I I ; I I I I I .... t • • • • Published by title as Ordinance No. ___ , Series of 1984, on the 18th day of April, 1984. EUgene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &qlewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete covt of the Ordinance passed on final reading and pJblished by title as Ordinance No. , Series of 1984. -- Gary R. Higbee I • • -----~-.. --. - • • • • RFX:REATION TRAILWAY EAStl'IEHI' nus INDENTURE, merle this day of , 1984 between SXlTH SUBURBAN METROPOLITAN RFX:REATION AND PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY CE ENGL~OOD, a Colorado municipal corporation, of Arapahoe County, Colorado, herein referred to as Grantor. WITNESSETH WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constrocting and maintaining a recreational trail across the lands of Grantor; ~. 'lliEREFORE, in consideration of the sum of one Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of which are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the constroction, maintenance, removal and replacement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the County of Arapahoe, State of Colorado, to wit: TO HAVE AND TO HOLD the right herein granted unto District, its successors and assigns, forever for the purposes herein de- scribed provided, however, that at such time as said easanent be no longer used for these purposes this easanent, without legal process, shall forthwith revert to the Grantor hereof or its assigns. DISTRICT COVDWll'S AND AGU:ES: 1. To maintain the easanent in a clean and sanitary condition and the improvanents thereon in good repair. 2. To ccmnence constroction within fifteen (15) days of the date hereof and canplete the contenplated improvanents in a reason- able period of time. 3 . To hold Grantor harmless fran any liability arising fran the use of said easenent by any persons whatsoever and to maintain liability and property damage insurance adequate to so protect Grantor. \ .. I \ -.. -··4 ----.;:.---------·--:·- • I • • - 't i I f I I • • • • • 4. TO confine access onto the property to the shortest feasible route from the nearest street. 5. TO allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all l<tleel d<Wnage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. The storage will be done in a manner to maxbnize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, water, sewer and service mains), and any damage incurred in construction will be reinbursed to the involved company by the builder. 8. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minim\JI\ of 90\ of Standard Proctor. Physical tamping will be done between maxUn\JI\ 6" layers of backfilling. 10. To replace stored top soil on the backfilled trench using techniques and procedures approved by the City including scarifying as requested. ll. To remove excess material from the site. 12. The within Trailway EasEment shall extend to and be for the use and benefit of the District, its contractors and workmen for the teen above described. 13. The Grantor does not warrant title to that property legally described herein. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer 2 GRANl'QR: CITY CF ENGLO«X))) . --------· ·-··---·-·""--... I • • .. Attest: STATE CF CXX..ORADO ss. COONTY CF ARAPAHOE • • • DISTRICT: S()(1l'H SUBURBAN ~POLITAN ROCREATION 1IW PARK DISTRICT ~------------------ Title The foregoing instriDEflt was acknowledge:3 before me this day of , 1984 by ----------------- of SOuth &Wurban Metropolitan Recreation and Park Distnct. Witness my hand and official seal. My Commission expires STATE CF CXX..ORADO ss. COONTY CF ARAPAHOE Notary Publlc Address: The foregoing instr\DE!Ot was acknowle:3ge:3 before me this __ _ day of , 1984 by rugene L. Otis as Mayor and Gary R. Higbee as ex off1c1o City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal. My Commission expires 3 Notary PUblic Address: .. .. I • • - ·' I I , ,. •' , I ' • I I i · I • . I I' I I I :I t • 1\ I , I I I I I I I I I • • • LICENSE AGREFMmi' nus LICENSE AGREEMENI', m~e this day of , 19 , between the CITY OF mGLDiOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and -~-- ---=-----------------'herein referred to as "Licensee" • WITNESSETH The term "Licensee" shall include anployees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Recreational Trail from Bates Avenue to Hampden Avenue on the South Platte River. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to ccmnencenent of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of emergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs, but shall notify the City of the nature and extent of any such emergency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's property at any time and in such a manner as it deems necessary or convenient. In the event 1 I • -. ! I , I 0 I t ' I I :I l I 0 I l I I r ~I ll I ! It :I I· I I I' I • • • • Licensee's installations should interfere with the City's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, immedi- ately relocate, rearrange or remove its installation so as not to interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the City, its successors or assigns. 4. Licensee shall complete its installation, clear the area of all construction debris and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the area is not completed within the time specified, the City may complete the work at the sole expense of Licensee. 5. All City roads and fencing Which are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modification, operation, repair or replacement of Licensee's facilities shall Unnediately be restored by Licensee to a condition satisfactory to the City. Restoration of roads shall include, but is not limited to, resurfacing when deemed necessary by the City. If restoration is not accomplished by Licensee within the tUne specified, the City, at its election, may perform such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment and maintenance of its installations in such a manner that the City, at all times, shall have full and complete access to its property. 6. Licensee shall not trim or cut down any trees, shrubs, or brush on City's property without pecnission of the City. When required by City, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City. 7. All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench. Layers shall be brought up uniformly c~ pacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90% of Standard Proctor. The moisture content of the material shall be adjusted as required to secure the above density. The amount of water used shall be sufficient to obtain the maximun density specified. When moisture is in excess of that necessary for proper compaction, the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City. 2 .,. ___ -· .... -·-------··---·---.. --"-·-·· .. -------------· -·· • • I • ---.. 1 - • • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modifica- tion, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dam- ages, actions or causes of action and expense to which it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to catmEI'ICEIIIE!t of the work, an insurance policy or policies in amounts and with canpmies satisfactory to the City which will protect the City from any loss or damage resulting from the work performed by the contractor. 10. All work authorized by this License shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee' s responsibility to determine the existence of any rights, uses or installations conflicting with the Licensee's use of the City's property here- under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (1) year, or if Licensee shall at any time fail or refuse to canply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation fran the City's property. In the event Licensee does not remove said installation within the time allowed, City, without incurring liability, may remove said installation at Licensee's expense. 3 I • • • - • • '< 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, employees and agents, shall not terminate in any event. i. 14. The rights granted Licensee hereunder may not be I assigned without the written consent of the City. 15. Licensee shall comply with all applicable laws and I · ordinance and all rules, regulations and r~irements of any I governmental authority promulgated thereunder controlling l environmental standards and conditions of the pranises. If, as a result of Licensee's occupancy of the pranises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify City fran and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting l fran, or connected with such violation or violations. I 16. 'lhis License is subject to the foregoing conditions and j I I to the following special conditions: l. 17. Upon completion of the imp:ovaDents and ~ (1) approval by the City and (2) upon presentation of an accurate legal ( description approved by the City survey, the City shall execute the j EasEment hjreaDent authorized by Council Bill No. 12, Series of 1 1984," with the appropriate legal description inserted and such / other necessary information as is r~ired to convey the easement l to South &lburban Metropolitan Recreation and Park District. l·: IN WITNESS ~, this instr\Del'\t has been executed as of the day and year first above wr i tten. CITY CF n«LD«XD I: APP ~: l • By Mayor Director of Utili ties ATTEST: APPROVED AS 'ro !'CH1: ex offic io city Cler k- Treasurer City Atto rney I • ( 4 l . .. • - 'I . I " d t ![ I 1! ( I· J I I I I I 'I !I II ·' I :r ( • • • • 'ftle undersigned authorized officer of-~-~·--:-..,..-----:- has read the forego1ri;J License and _ag_r_ees-.....,..fo_r_arid-...-i.-n~beha-,--.l...,f~of~sa--..i7d ---:-:-~--that it will accept and ........ -Wl_,., ..... l,...l-ab..-.-ld ..... e---.-by-al-:-:l"""""'the-.,...te-rm-s-and-- conditions thereof. LICENSEE: ATTEST: Title By Title (SEAL) Address: Phone: 5 I I ' I • • - • I t I . I I ( ( ( • ORDINAOCE 00. I ~ SERIFS OF 1983 • • • BY AUTHORITY CXXJOCIL BILL 00. 15 INTRODUCED BY CXXJOCIL MEMBER VOBEJDA AN cm>INAOCE l\MENDING OiAPI'ER 5, TITLE YN, ~ION 5, OF 'lliE ENGL~ MUNICIPAL <XlOE '69, AS l\MENDED. 7 (.; i WHEREAS, the City Council previously passed ordinance No. 55, Series of 1983, regulating the collection of wastewater and treatment thereof; and WHEREAS, Council find it necessary to amend a section of Ordinance; t«:M, 'lliEREFORE, BE IT ORDAINED BY 'DiE CITY CXXJOCIL OF 'DiE CITY OF ENGLEloi<XJD, CX>LORADO, as follows: Section 1. 'n'lat Section 15-5-5 of EMC '69, as amended, is amended to read as follows: 15-5-5: INDUSfRIAL WASTEWATER DIOCHARGE PERMITS (C) Industrial Penni ts that a. wastewater quantity and quality. Quality characteristics include, but are not limited to, those mentioned in Section ~-§~At-aft&-+S~ 15-5-7(A) of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA p.1rsuant to Section 304 (h) of the l\ct and contained in 40 CFR, Part 136, as amended; All other portions of said Section remain the same. Introduced, read in full, and passed on first reading on the 2nd day of Apr i l, 1984. Published as a Bill for an ord i nance on the 4th day of Apr il , 1984. Read by title and passed on f inal reading on the 16th day of April, 1984 • I • ' I· I I I I I I ' I • • I' i . ( ( • • • • Published by title as Ordinance No. ______ , Series of 1984, on the 18th day of April, 1984. EUgene L. 0t1s, Mayor Attest: 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 canplete copy of the Ordinance passed on final reading and p.!blished by title as Ordinance No. , Series of 1984. ----- Gary R. H1gbee I • • D - ( ( • • • • OROINA.!CE oo .ft SERIES <F 1983 BY Al1l'HORITY COUNCIL BILL 00. 15 INTRODUCED BY 0JUNC IL MEMBER vtBEJDA AN CIID I NANCE AHfH)ING OtAPI'ER 5, TITLE 'IN, SEX::'!' ION 5, CF 'l1iE ~ MliHCIPAL (l)()E '69, AS AMDIDEO. WHEREAS, the City CoW1Cil previously passed Ordinance No. 55, Series of 1983, regulating the collection of wastewater and treabnent thereof: and WHEREAS, CoW1Cil find it necessary to amend a section of that Ordinance: HeM, 'DfEREFORE, BE IT ~INEO BY 'DfE CITY COUNCIL CF '11iE CITY <F ENGL~OOO, OJLORADO, as follows: Section 1. That Section 15-5-5 of EM: '69, as amended, is amended to read as follows: 15-5-5: INDUSTRIAL WASTDIATER DI9:HARGE PERMITS (C) Industrial Penni ts a. Wastewater quantity and quality. Quality characteristics include, but are not limited to, those mentioned in Section ~§~A+-aR&-~er 15-5-7(A) of this Chapter as determined by a reliable analytical laboratory: sampling and analysis shall be performed in accordance with procedures establis hed by the EPA pursuant to Section 304 (h) of the .Act and contained i n 40 CFR, Part 136, as amended: Al l other port ions of sa i d Secti on remai n the same. Introduced , read in full , and passed on first reading on the 2nd day of April , 1984 . 1984. Published as a Bill for an Ordinance on the 4th day of April , Read by title and passed on final reading on the 16 th day of April , 1984. • I • • - ( • • • • Published by title as Ordinance No.~~ , the 18th day of April, 1984. Series of 1984, on Attest: atgene L. ot1s, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance ~sed on final reading and ~blished by title as Ordinance No._f_liL, Series of 1984. Gary R. Higbee • I • • ( • • • • BY Al1l'OORITY ORDINNCE tl>. SERIES CF 198;74 __ _ A BILL FOR COUNCIL BILL tl>. 18 IN'l'ROOUCEDffl_~IL Pmo!BER _ __,~-"""===--- AN ORDINNCE HoUN>It«> 'lliE MtiHCIPAL CDOE CF 'lliE CITY CF mGl.f.)J<XX>, COLORADO, BY ADO It«> 'lliERETO A tBJ OIAPI'ER CONSTI'lUTit«> A PORTION CF 'lliE CDIPREHENSIVE ZONit«> ORDINAlCE FOR 'lliE CITY CF mGl.f.)JOOO, COLORADO, FOR 'lliE FURFOSE CF 1'10100'It«> 'lliE HFALTH, SAFETY, ~ Ml> GENERAL WELFARE CF 'lliE (lHolti.JITY; '1'0 REGJLATE AND RESTRICT 'lliE APPEARAlCE, SIZE, OIARACTER, HEIGifl', AND BULK CF BUILOINGS Ml> STROCTURES; '10 DETERMINE 'lliE AREA CF YAROO, COURTS, M1> PLACES SURROUII>It«> 'lll9ol; '10 REQJLATE Ml> RESTRICT 'lliE D~ITY CF POPULA- TION; '10 RECIJLATE m> RESTRICT 'lliE tEE CF LAND WrnfiN A DESIQIATED FIDOO PLAIN ~ IEAINAGE ~Y; '10 DIVIDE 'lliE CITY CF mGLF.)JOOO, COLORADO, INTO DISTRICTS FOR SUOi FURFOSES; ACOPl'It«> AND INCORPO- RATit«> HEREIN A ZONit«> MM' WI'lll AIL THE NOTATIONS, REFERDCES m> cmtER :INFOBHATION SHOWN 'lHEREON StOWING, ESTABLISHit«>, AND DtLINEATit«> SUCll ZONE DISTRICTS m> THE BOUNDARIES 'lliERECf'; WHIOi ORDHWCE IS ACOPl'ED FURSUANT '10 'lliE CONSTITUTION CF 'lliE STATE CF COLORADO Ml> THROUGf THE EXEICISE CF ~ GRANTED Ml> ACQUIRED IN THE tD1E RULE OIARTER ACOPl'ED IN 1958 BY 'lliE CITY CF !K>LEWOOO, RtX:OGNIZit«> THAT ZONit«> IS UTIIl1ATtLY A LOCAL All> MUNICIPAL MATTER, THE INTEifl' CF 'lliiS PORTION CF 'lliE ~IVE ZONit«> CliDINAlCE BEHC '10 SUPERSEDE WITHIN THE TERRITORIAL LIMITS Ml> O'mER JURI&- DICTION CF 'lliE CITY CF ~ 'lliE GENERAL LAW OF 'lliE STATE CF COLORADO IN CX>tWLICT HERI!iii'lll, REPEALit«> PORTIONS CF OROINAlCE NO. 26, SERIES CF 1963, AS AMEH>EO, AND PRES:RIBit«> PENALTIES AS SET FOR'm IN THE MUNICIPAL <XDE CF 'lliE CITY CF ENGLBI«XD WHIOi SHAlL APPLY '10 VIOLATIONS CF 'lliE Pll>VISIONS CF 'lliiS CliDINAICE AND DI!CIAR!t«> AN EJoiERGEtCY. I«JW, 'ftiEREPORE, BE IT ~INID BY 'lliE CITY COUNCIL CF 'lliE CITY CF ENGLMXX>, COLORADO, AS ~: Section 1. 'lbere is hereby added to the &lg1ewood ltmicipa1 COde of 1963, as cnended, Title XVI, ~ich shall read as follows: • I • • - ( (f • ( • • • • April 11, 1984 February 15, 1984 October 28, 1983 Section 16.4-8 R-3, High Density Residence District. I It is the goal of the e!e!eens CITY of Englewood to encourage a variety of housing to meet the needs of the differing income levels and the varying family structures by emphasizing quality of development through the use of new developmental procedures that will encourage innovative well-designed developments. It is inherent in this goal that the following be considered: 1. A development plan should be submitted for all RESIDENTIAL develop- menta HAVING MORE THAN FOUR DWELLING UNITS. 2. 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. 3. High-density residential AND OFFICE development should be located on land parcels of sufficient size to ensure proper site design, identity, and to warrant the installation of desirable amenities. 4. Where possible, the view of the mountains should be preserved and efth .. ee4T BUILDINGS ORIENTED IN SUCH A WAY AS TO MAXIMIZE THE OCCUPANT VIEW OF T!tE MOUNTAINS. The R-3 Diatrict 1a coaposed of THOSE AJlEAS WHICH ARE CONDUCIVE TO high- density residential aweaa ef •he G!ey; ew4!ftaw!ly AND PROFESSIONAL OFFICE DE- VELOPHENT WHICH HAY BE located between single and two-family residential areas and co-ercial areas, plus certain open areas wh ere similar development appears likely to occur. The regulations for this District are designed to stabilize and protect the essential characteristics of the Dis tri.ct, to promote and en- couraae, insofar aa ia co.patible with the high intensity of land uae, suitable environaent for faaily life, and to permit certain professional uaea of a character unlikely to develop a concentration of traffic, a..v4a af paapla I • - ((I • ( • • • .. • -2- ea4 ae•e••• ••~•••• ••~••~ieiBIT AND PEOPLE, To these ends, this District is protected against the encroachment of general industrial uses and certain commercial uses while the regulations permit high-density development con- sistent with the high concentration of persons and land valuation. Resi- dential types of structures as well as various institutions are permitted, plus structures for professional us es conforming to the pattern of the Dis- trict. a. G•pp.eaeaeewy GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section -----• Gwpple•eftl;ttf)' CliNEI<AL rc~,~ulatlons, ltoll.css oth ct-wisc pro- vided for in this Ordinance or an amendment thereto. b. Permitted principal uses. ~•+ Aay ••• pe .. ,.~·• '-a-a a.ae 8i•••••~T (1) SINGLE-FAMILY DETACHED DWELLING. (2) SINGLE-FAMILY ATTACHED DWELLING. (3) TWo-FAMILY DWELLING WITH AT LEAST ONE PARTY WALL UNDER A COMMON llOOF. ~a+ (4) Multi-family dwellings. PLANNED DEVELOPMENT APPROVAL IS RE- QUIRED FOR *>RE THAN FOUR UNITS. ~~14 ~, 894T NeT ~§T '••••• ef •e~•+ f•+ Nee ~· •••••• ie•~Y ~4&+ .. ,.. peP ••••T ••••P• •• P••••••• ia Gee~ieft aaT4-64T Pleaae4 4evelep•eR• eppPeYel ie •••wiPe4 fep •*• .wl•i- ieaily 4welliftl w•i••T ~~+ (5) Hospitals and clinics, but not animal hospitals or clinics. f4+ (6) Retireaent or senior citizen housing, rest hoaes, and nursing hoaea, ~+ (7) Profeaaional offices in which chattel• or goods, wares or aerchandiae are not co .. ercially created or sold • • I • - ({f • ( • -3- {8) CHILDCARE CENTERS, {it {9) Educational institutions. {~t {10) Religious institutions. • • • {8t {11) Public faeili~ies BUILDINGS. c. Mifti~a area ef le~T MINIMUM LOT AREA FOR PERMITTED PRINCIPAL USES. {1) PARCELS OF LAND UNDER 43,560 SQUARE FEET {lt 8iftl~e-faai~y 4we~liftsaTTTTTTTTTTTTTTTTTTTTT6TQQQ •• T ~~T {at Meei~a-eeftsi~y ewellift88TTTTTTTTTTTTTTTTTTTT~8ee R-a 8ee~ieftt {3t HMl~i-faaily ewellift@8TTTTTTTTTTTTTTTTTTTTTT4a,999 B~T f~T {a) SINGLE-FAMILY DETACHED DWELLING .... , ... 6,000 SQ. I'T. {b) SINGLE-FAMILY ATTACHED DWELLING ........ 3,000 SQ. FT. PER DWELLING UNIT {c) TWO-FAMILY DWELLING,,,,,, .•. ,,, •• ,, .• , .6,000 SQ. FT. {d) THREE-FAMILY DWELLING ••.•.•.•.•.•...•.• 9,000 SQ. FT. {e) FOUR-FAMILY DWELLING .................. 12,000 SQ. FT. {f) EACH ADDITIONAL RESIDENTIAL DWELLING UNIT OVER FOUR DWELLING UNITS , • , • , , , • , , , • , . , , , . , •••••• 1, 000 SQ, FT, {2) PARCELS OF LAND CONTAINING 43,560 SQUARE FEET OR MORE MAY BE DEVELOPED AT A DENSITY OF ONE UNIT PER 1,089 SQUARE FEET, {4t &e~ea~sftel ift•~•~~~isft•T Pelisie~a ift8•i~v•iaft8T pv~lia {§t {3) All other permitted principal uses .•.•.•••• 24,000 sq. ft. {THIS SECTION SHALL NOT APPLY TO AN EXISTING STRUCTURE CON- VERTED TO ACCOMMODATE A PERMITTED PRINCIPAL USE IF NO OTIIf.R LAND IS AVAILABLE AND IF THE MINIMUM REQUIRED OFF-STREET PARKING IS PROVIDED.) I • • - ( (I ( • • • • -4- 4T Perai••e• 4eaai•y ••aMe ayaaea. tl~ Bea~a tar aiee eaae••lage+ Mift~ ~·-•• e8TTTTTTTTTTTTTTTTTTTTTTTTTTT4a,QQQ ·~T i~T Perai•ee4 haae 4eftaieyTTTTTTTTTTTTTTTTTTTTT49 ftTMTfnee aeFe BenHS fa~ ine~ease4 lee ss&eMhlyTTTTTTTTTTT~ ft7U7 fer eaek ae- eieienal lTQQQ 8~T •• T ···-·~··T +a~ HaMi•~· eenaiey wieh ~anuee&TTTTTTTTTTTTTTT7Q STYTfnee aeFe eT Mini•v• fleer areaT cl. FLOOR AREA. (1) MINIMUM RESIDENTIAL FLOOR AREA. (a) Sina1e-faaily dwellings ...•.•.••...•.......... 850 sq. ft. (b) Me4i.a 4eaei'Y aa4 h6th .... ,., 4wellift1&+ ALL OTHER WELLINGS. (i) Efficiency and/or one bedroom unit •••••.• 650 sq. ft. (11) Two bedroom unit •.••••••••••••••••.•••••• 750 sq. ft. (111) Three bedroom unit •••••••.•••••••••••••• , 9 50 eq. ft. (iv) Each additional bedroom ••••••••••.••••••• 110 eq. ft. (2) MAXIMUM OFFICE FLOOR AREA, (a) 'niE SUM TOTAL OF 'niE GROSS FLOOR AREA IN ALL STRUCTURES ON 'niE LOT, EXCLUDING 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, iT MaMi..a pereeneeae ef lee eeveraae T MaMi... ,......... &f le• 88V8P818TTTTTTTTTTTTTTTTTTTTTT3il tPa•hiftl •• ._ ...... T l••esaeT aa•pa••• e•e ne• inel•4e4 in le• eeveNsaT~ I • • ( • • • • -5- Hifti•~• ~sehle epeft epeeeTTTTTTTTTTTTTTTTTTTTTTTTT T TTT TT TT TT T~~~ ~~ ee¥e•e4 pa•kiftS ae•wetw•e vith laft~seap~ftl eft esp aay he ~ft elw~e~ as epeft apaeeT} e. Mintmum usable open space. Minimum usable open space ••...•..••.......•.......•....••.•.. 2 5% OF LOT AREA OPEN SPACE AREAS SHALL BE PROPERLY LIGHTED FOR SECURITY. h f. Utilities. Utilities service to buildings in new ~eyelepMeftts SUBDIVISIONS HUST be placed underground. ;T g. Minimum i•eftease ei lee LOT FRONTAGE. (1) &iftsle-t .. ily evelliftSTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTjQ f5T SINGLE-FAMILY DETACHED DWELLING •.•.•••.•••.••••••••••.•• 50 FT. (2) MeftiW. ...... , 4velliftiTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~i88 a-a 9i8- t•iet Reawlaetsns} SINGLE-FAMILY ATTACHED DWELLING, TWO-FAMILY DWELLING, THREE-FAMILY DWELLING, FOUR-FAMILY DWELLING •••••.•.••.•• 25 FT. PER UNIT. (3) All other permitted principal uses .•..•.•..•.•..••.•••.• None kT h. Maximum hdp• ei ltdleiftl BUIU>ING HEIGHT. tlt itftaie-f .. tly 8ft~ aeftiWM fteft&ity ftVelliftS8TTTTTTTTTTTTTTTTTTT (~t All aehe~ pe~itte6 p•~neipal waeBTTTTTTTTTTTTTTTTTTTTfiye (~t atartea pl•• aareeft la¥alT ltv• fte• hiahar •han ••••Y (iat faa•T (Alae eee ivppleaen•al Reavla•ienaT iaa•tan aayi-~Tt • 1 I • • - ( • • • • -6- (1) SINGLE-FAMILY DETACHED AND ATTACHED DWELLING AND TWO, THREE, AND FOUR-FAMILY DWELLING •.•••.•.•.••...••.•. 25 FT. (2) ALL OTHER PERMITTED PRINCIPAL USES .•.•••••..•.••.•. 60 FT. (ALSO SEE GENERAl REGULATIONS, SECTION -----·) lT i. Minimum front yard. (1) All permitted principal uses: Up to three stories •••••.•••.•.••.•..••.....•.••... 15 ft. Four or five stories ........•...•...........•.••... 20 ft. More than five s tories •........•••.•.....•.......•. 25 ft. th j. Minl111utot side yartl. (1) Single-family DETACHED dwelling •.•.••..•.....•••..•. 3ft. (Total 10 feet for both sides) ta~ Me.,~ .eft8it~TTTTTTTTTTTTTTTTTTTTTTTTTTTTTi88 a-a ieeti8ft t~~ All StheW pe•aitte• p•ifteipal ¥888TTTTTTTTTTTTTTTTTl~ itT (2) SINGLE-FAMILY ATTACHED DWELLING AND TWO, THREE OR FOUR- FAMILY DWELLING .•••.••••.••••.••••••.•.••.•.••••••.• 5 FT. (TOTAL 14 FEET FOR BOTH SIDES) (FOR PURPOSES OF TOTAL SIDEYARD SETBACK, THE SETBACK SHALL APPLY TO THE ENTIRE STRUCTURE, NOT THE INDIVIDUAL UNITS.) (3) ALL OTHER PERMITTED PRINCIPAL USES ••••..••..••••••• l5 FT. (FOR EACH SIDE.) ftT k. Minimum rear yard. All permitted principal uses ••••••..•••...•.•.•••.••.••• 25 feet 8T 1. Minimum off-street parking. OFF-STREET PARKING SPACES SHALL BE OF A HARD SURFACE, EITHER PAVED WITH ASPHALT OR CONCRETE. (1) SINGLE-FAMILY IJIELLING ............................. 2 SPACES (2) All other peraitted principal uaes •••••••.• See Section-------- • I • • 1. m. • • • • -7- Minimum off-street loading requirements. (See G~ppleaeReaPy GENERAL Regulations.) Accessory buildings and permitted accessory uses. tl~ P~!¥a~e ~·~•sea sF ea~pe~~·T P¥i¥s~e ~s¥s~es s~ esFpsF~s ae- s!gfte4 e• ~sea is• •he s•s•sse si .e•s• ¥eh!eles ewRea sF sp- e¥a•ea hy &he eeewpeR&s ei &he pFiReipel hwil4inst hewe¥eP, ee ..... ~el veh••~•• aha~~ ha ~'•'••• •• • &h•••-~w••••• ~·~4~ &8ft ea•wyiRS eapaei&yT {a~ HaM!•~• heigh~, s!Rgle-f&Mily-sr-aeaiwa-deRsi~yTTTTTTT {e~ Gi4e yaw4TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~ •~T ~4~ a. •• Y•••TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~ i~T (1) GARAGES AND CARPORTS. AN ATTACHED OR DETACHED GARAGE OR CARPORT MUST CONFORM TO THE FOLLOWING REQUIIlEMENTS: (A) MAXIMUM HEIGHT ••••••••••••••••••••••••••••••• 18 FEET (B) MINIMUM FRONT YARD ••••••••••••••••••••••••••• 15 FEET (C) MINIMUM SIDE YARD •••••••••••••••••••••••••••• 3 FEET (D) MINIMUM REAR YARD: (i) IF ENTRANCE FACES FRONT OR SIDE ••••••••• 3 FEET (ii) IF ENTRANCE FACES REAR •••••••••••••••••• 6 FEET On MAXIMUM TOTAL FJ,OOR AREA •••••••••••••••• 1, 000 SQ. PT. THIS APPLIES ONLY TO GARAGES FOR SINGLE-FAMILY IIIELLINGS. (F) IF GARAGE OR CARPORT IS CONVERTED TO ANOTHER USE, AN EQUIVALENT AMOUNT OF OFF-STREET PAniNG MUST IE PIOVIDED • I • • - • • • • -8- (2) STORAGE SHED. NOT MORE THAN ONE STORAGE SHED SHALL BE PERMITTED PER DWELLING. NO STORAGE SHED SHALL EXCEED 100 SQUARE FEET IN AREA. (A) SHALL BE LOCATED ON REAR ONE-THIRD OF THE LOT. (B) MAXIMUM HEIGHT •..•••..•....•..••..•...•..•... 10 FEET (C) MINIMUM SIDE YARD ••••.••..•.•••.•...........• 3 FEET (NO SETBACK IS REQUIRED IF THE WALL ADJACENT TO THE PROP- ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIVE MATERIAL.) (D) MINIMUM REAR YARD ..•.•••.•.••••....•.......••. 3 FEET (NO SETBACK IS lmQUIRim IF TilE WALL ADJACENT TO TilE I'ROI'- ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIVE MATERIAL.) ~a+ (3) Non-co.aercial parking lots. Required parking may be provided within 400 feet of the prop- erty, either within the same district or within a district which peraits non-commercial parking lots. Such parking lot must be maintained as long as THE principal permitted use is maintained, Oll ALTERNATE PARKING PROVIDED. ~~ (4) Service units or facilities. Service facilities or units such as, but not limited to, barber shops, beauty shops, gift shops, coffee shops AND dining fa- cilitiea ea4 &ey •••• •••••••, may be permitted for the con- venience of the tenant s. n. HOME OCCUPATION. OCCUPATIONS CUSTOMARILY INCIDENT TO TilE PRINCIPAL USE AS A RESID ENC E WHEN CONDUCTED IN THE SAME DWEU.ING, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET: (1) SALES ON THE PREMISES. THE SALE ON 'nlE PREMISES OF AMY ITEM WHICH HAS NOT BEEN MADE, CROWN, OR PREPARED ON THE PREMISES SHALL BE PROHIBITED • • I • • (I • • • • -9- (2) SALES OFF THE PREMISES. SALES OFF THE PREMISES BY THE OCCUPANT SELLING HOUSEHOLD GOODS SUCH AS THOSE PRODUCTS OFFERED BY AVON, /JfllAY, FULLER BRUSH, WATKINS, ETC., SHALL BE PERMITTED. (3) THE OCCUPATION SHALL BE OPERATED ENTIRELY WITHIN THE DWF.LLING UNIT AND ONLY BY THE PERSON OR PERSONS MAINTAINING A DWELLING UNIT THEREIN. (4) NO ASSISTANTS SHALL BE EMPLOYED. (5) THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREATED THEREBY SHALL NOT INTERFERE WITH THE PEACE, QUit;T OR DIGNITY OF THE NEIGHBOWtOOD AND ADJOINING PROPERTIES. (6) THE OFFICE OR HOME OCCUPATION SHALL NOT HAVE A SEPARATE OUT- SIDE ENTRANCE. (7) INCIDENTAL STORAGE SHALL BE ALLOWED FOR ITEMS MADE ON THE PREMISES AND/OR SOLD OFF THE PREMISES. (8) THE OFFICE OR OCCUPATION, INCLUDING STORAGE OF MATERIALS, EQUIPMENT, INVENTORY AND/OR SUPPLIES, SHALL NOT UTILIZE MORE THAN THilEE HUNDRED (300) SQUARE FEET; PROVIDED, HOWEVER, THAT THIS DOES NOT APPLY TO FOSTER FAMILY CARE OR A DAY CARE HOME. (9) A DAY CARE HOME FOR THE CARE OF ONE TO FOUR CHILDREN HAY BE PERMITTED AS A HOME OCCUPATION. (10) THE USE OF ELECTRIC MOTORS SHALL BE LIMITED IN POWER, WITH A TOTAL LIMITATION OF ONE AND ONE-HALF (1-1/2) HORSEPOWER, AND NO SINGLE UNIT OVER THREE-QUARTER (3/4) HORSEPOWER. (11) IN NO EVENT SHALL ANY HOME OCCUI'ATION TNCl.UDI': THF. FOI .LOWTNC BUSINESS OR COMMERCIAL ACTIVITIES: (a) ANIMAL HOSPITAL OR KENNEL: • I • - • • • • -10- (b) BARBERS, HAIRDRESSERS, COSMETOLOGISTS OR BEAUTICIANS; (c) BODY, MECHANICAL REPAIR, OR MODIFICATION OF MOTOR VEHICLES; (d) THE SALE, STORAGE, MANUFACTURE OR ASSEMBLY OF GUNS, KNIVES OR OTHER WEAPONS OR AMMUNITION OTHER THAN FOR PERSONAL USE; (e) COMMERCIAL HEALTH CARE FACILITIES; (f) RESTAURANTS; (g) WHOLESALE OR RETAIL USES OF ANY ITEMS ON OR OFF THE PREMISES EXCLUDING SECTION (1) AND SECTION (2). (h) PROCESSES INVOLVING TilE DISI'"NSTN C, USE OR RECYCI.LNC OF IIAZARDOUS OR Fl.AMMALILE SUBSTANC ES AND MATERIALS. (NO REGULATION IS INTENDED ON THE SALE OF FLAHHABLE SUBSTANCES WHICH ARE PROPERLY PACKAGED.) (13) ALL HOKE OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTMENT OF cotM.INlTY DEVELOPMENT UPON COMPLETION OF AN INSPECTION OF TH PIEKISES BY THE CODE ENFORCEMENT DIVISION AND THE FIRE DPAit p. ENVIIIOIIMDrTAL STANDAaDS. (1) Solar .od wind a.poaure. Tall structures located adjacent to major open spaces should be sited to insure maxiaum sunlight on the open spaces during the winter months. The grouping of tall buildings should be sited to allow for proper air circulation. Tall buildings should be sited upon the north side of pedestrian spaces to provide protection from winter storms. Wind breaks such as tree groupings should be provided in all major open spaces • • I • • - • • • • .. • -11- .fi!} Plaft£tftiST Plaft~ ma~eriala aha~ld &e aelee~ed iram ¥ar!ee!ee efta e~ee!es ~hat; are aeel!Maeed ier a~ee!al el!mae!e eefta!e!efte ie~Ra wi~htft t;he Bft~leveea are&T At;t;en~!en ekeMld 8e g!¥en £e eke e!ae efta eharaeeer e~ maeer!ale wk!ek will ~reawee eke ees!ree lafteaeapea efieeeT Prev!eiene akeMla &e maae ier !rriga£ien ane feeetftS aya~eme afte plaeemeft~ fer proper aain~eftanee ane pret;eet;ien t;e !fta~re mat;~re ~rewt;h ef ehe plant;eT tat Plane ma£eria~~ ~h~Mld he ftffftftsed ±n " ~ftftef e~ eomr+emeHr eke srek!eee£Mral ~~alley ef rlsaa ereasT {8} Qee!aveva t;reea akavla 8e waea !A plaaa areas £e allew swA- l!she ev•iftg eke w!Reer meftekaT {~} (2) Parking. (a) Parking areas should be screened from public view by landscaping. (b) The use of berms should be encouraged along the major street system to complement the planting effect and to provide a protective separation and screening device be- tween pedestrian and vehicle. rT q. OTHER PROVISIONS AND REQUIREMENTS. (l) NO TRUCK EXCEEDING SEVEN THOUSAND POUNDS, EMPTY WEIGHT, NO AUTOMOBIL E TRAILER, llU S OR MOTORIZED RECREATIONAL VEIIICLE EXCEEDING 22 FEET IN LENGTH, AND NO TRUCK-TRACTOR OR SEMI- TRAILI>R SHALL llE PARKED OR STORED ON ANY ZONE LOT. (2) LIQUEFIED PETROLEUM CAS INSTALLATIONS SHALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYI NG FUEL FOR APPROV ED HEATING EQUIP- MENT. TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE PERMITTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM CAS INSTALLATIONS SHALL CO NFORM TO CURRE NT FIRE COllE RRQUlRI~ENTS • • I • - NOTE: • • • • • • -12- In order to bring the Ccmprehensive Zoning Ordinance under the 1969 Englewoo d Municipal Code , as amended, "Title 16" has been assigned to the amendments being made to the Ordinanc e. This r e - places "Title 22" of the 1962 Englewood Municipal Co<.le . • I • • - • • • • Section 16.4-10 B-1 Business District. Apr il 11, 1984 March 1 J, 19114 February 15, 1984 December 20, 1983 December 7, 1983 June 7, 1983 May 18, 1983 December 21, 1982 THE B-1 BUSINESS DISTRICT IS A MIXED-USE DISTRICT WH ICH IS APPLIED TO THE CENTRAL BUSINESS SECTION OF ENGLEWOOD. THE DISTRICT IS DESIGNED TO CREATE AN ENVIRONMENT HAVING URBAN CHARA CTE RI STI CS WITHIN A RELATIVELY SMALL AREA or LAND THROUGH THE CLOSE PROXIMITY OF ACTIVITIES, THE INCREASED SOCIAL AND CUL- TURAL OPPORTUNITIES AND THE POS S11HLITY OF CHOICE IN ONE'S CONTACTS AND AS- SOCIATES. WITHIN THIS DISTRICT, TH E TREND WILL BE AWAY FROM THE MONOTONY OF SEPARATORY LAND USE AND TOWARD THE VARI ETY or LAND US E AL TE RNATIVES WHICH ACCOMMODATE THE CURRENT LIVING PREFERENCES. The st•~~t~•es USES th~•~!ft WITHIN THIS DISTRICT are ~se4 p•! .. •!ly THO SE WHICH prov i de retailing and personal services to residents WITHIN THIS AREA AND TO RESID ENTS of the City and the surrounding area. IN ORDER TO MAKE THE CE NTRAL BUSINESS DISTRICT VIABLE 24 HOURS A DAY AND NOT JUST DURING THE TRADITIONAL BUSINESS HOURS, MEDIUM AND HIGH-DENSITY RESIDENTIAL UNITS ARE ENCOURAGED. The uses permitt~d within this District ar e those that will provide the maximum amount of service t o r esidents of the G!ty AR EA and will be eeftteal!eft ADJACENT DEVELOPMENT. Zone District shall be subject to the requirements and standards found in Section----------' s~ppleaeftta•y GENERAL Regulations, unless otherwise pro- vided 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, enlarged or maintained unless otherwise provided for in this Ordinance ex- cept for one or more of the following uses: • I • • - • • • • -2- (1) Ambulance service; (2) ANTIQUE STORE; (3) Assembly hall s or auditoriums; {~~ Any vse ~a~eaded ~e prev!de savseaeft~ er eftter~aiftMeft~ eft peyaeft~ ei a iee er aeaiss!ttft ehar,;e.-(Repealed by Ord. 1128 Series of 1982). ~4~ Any ••e ~fteeftded ~e prev~de heal~h eree .. efte ier ehe payaeft~ ei a ieet (4) {§~ Apparel a nd accessory stores; (5) {~~ Appliance sto r es ; (6) {+~ Art galleries OR STUDIOS; ~8t A•ee aalee er repair, ~ve ftft ee .. ere~al wreekift8> e!eaaftel!ftg, er t•ftk yar4eT Afty aves repair ehep ehall ~e aft aeeeeaery vee te aft av~e sales vee, aftd veed ear lees are pera!eeee wheft •see ~ eeftf•aeeiea w!~h aad ee aa ia~esral par~ ei a aew eer ea~~l!sh aeaet prevideeT hewever, ~he vsee ear lee shall ~e s•~fee~ es ehe •e••ireaeaee ae evel!ae4 !a ehe ivppleaeaeary Resvlae!eftST (7) ~9~ Bakeries, retail; HOt (8) HH (9) Hat (10) H~t H4t (11) HH Hflt lulut; Barber shops; Beauty shops; Bicycle stores; Beae settrest llook stores, NOT INCLUDING AnULT !lOOK STORES; Bewlias aU8)'at ~l+t 8vil4ift8 aaeerisl sales ••••a ~exelv4~ft8 lva&er yards er avtaiee aearasett (12) Hit Buainess machine shree OR COMPUTER STORES; • I • • • • • -3- (13) {l9} Camera and photographic SERVICE AND supply stores; (14) {~Q} Candy, nut and confectionery stores; (15) {~l} Caterers; (16) CHILD CARE CENTER; (17) CHINA, CRYSTAL, AND GLASSWARE STORE; (18) f~3} Cleaning with non-inflammable cleaning aAe nts only; (19) {aa} Collection and distribution station for laundry and dry cleaners; (20) {a4} Clinics, dental, eF medical, OR OPTICAL; {a~} Sra~iftg SeFvieet (21) {a'} Dairy products stores; (22) {ai} Dance studios for private instructions; (23) {a~} Diaper service; (24) {a9} Delicatessen stores; (25) f~} Department stores; {~l} ~eaa .. kiftg shepst (26) {~a} Drug stores; (27) {~~} Dry goods stores; (28) f~} Eating or drinking establishments, NEED NOT BE ENCLOSED, BUT NOT INCLUDING DRIVE-IN; (29) ~~0 Educational institutions; f~6t Hss aft~ pe~l~ry stares {Re sla~ghteriftg, eviseeratiRg, pl~ekiRg er ~reasiRSft ( 30) f~~} Electrical contractor s hops, provided it is incidental to a retail sales room and is limited to equipment employing not more than five (5) horsepower; (31) f~lt Electric substations; (32) f~9t Exter.inatora; • • I • • - • r • -4- (33) FINANCIAL INSTITUTIONS; ~4Q~ F~re e~a~~eaet (34) ~4~~ Floral shops; • • • ~42~ Pee~ ieeker pleft~e ~rea~~ft~ ealy ias~v~s~al leekers fer ReMe e~e~eMer s~era~e ef fees, iRel~aiAg sal~ a~ re~ail, eH~~iAg aas paekag~ft~ ef fee~, Mea~e aRe ga•e• hH~ fte~ iAelM~iAg eie•sh~eria& er ev~eee••~ia& ~hereei~t ~4~~ Fee~ preeess~ag {re~ail aft pre•ises~t {44~ Fr~i~ s~erest (35) {4§~ Furniture stores ; (36) {46~ Garden supplies stores; (37) {4~~ Gas regulator stations; (38) {48~ Gift, novelty or souvenir stores; (39) {49~ Grocery stores; (40) {~g~ Halls, renting for meetings or social occasions; (41) {~i~ Hardware stores; (42) HEALTH TREATMENT FACILITIES; (43) {~a~ Hobby supply store; (44) {~~ Hoae furnishings stores; (45) U4~ Hotels AND CONVENTION CENTER; (46) {i§~ Interior decorators; (47) {~6~ Jewelry s tores; (48) {~n Laboratories, dental, e• •edical, OR OP TIC AL ; (49) {~8~ Laundries ; (50) LEATHER GOODS AND LUGGAGE STORES; Library or reading rooms; (51) H9~ (52) {W~ Liquor stores (s ale by package); (53) {6l~ Linen supply; • I • • • • • - -5- (54) ~·a~ Locksmith; ~·~~ b~ssase e~erest (55) {~~ Mail order houses; (56) ~6~~ Heat, iiah, POULTRY, or seafood stores; {66~ Me~ereyele a~erest (57) MUNICIPAL BUILOlNGS; (58) ~·+~ Music stores; (59) ~·~~ News stands (for the sale of newspapers, magazines, etc. only); (60) {'9~ Notions stores; (61} HIH Office buildings, I'IWFESSIONAI. OR 1\USINESS; t+l~ Qp~ieiaftBt (62) OFFICE SUPPLY SHOWROOH; (63) {+a} Optical and scientific instrument shops; (64) ~+~~ Paint and wallpaper sto res; (65) {+4~ Painting and decorating contractors; f+§} P8Wft shape afte seeefte hafts eeeree ~e~eh ~se shall ~e eefte~e~ee efteirely wi~hift aft efteleaee aer~ee~re}t (66) PARKING FACILITIES; (67) {+6} Pet atores; (68) {++} Picture fraaing; (69) ~I} Photographic studios; (70) ~+9} Photostating and blueprinting; (71) PHYSICAL FITNESS CENTER; (72} ~8Q~ Plualhing shops, provided they are incidenLal to a r Lail sales room and are limited to equipment not employing more than five (5) horsepower. fll} .. l ........... t ,.a} p... aif'•••t • I • - • • • • -6- ~8~~ Preeeift&T al~eriRI afte repairiftl &i weariRI apparelt (73) ~84~ Printing, publish i ng and allied industries, provided that such operation shall not be hazardous or objectionable due to noise, smoke, fumes, air pollution, heat, glare, radiation or vibration; (74) ~8~~ Private clubs, lodges, fraternities; (75) ~an Public buildings; ~87~ Res~avraR~s fRe~ iRelH8iRg SFiYe-ift ~ype}t (76) f88~ Religious institutions; (77) RESIDENTIAL, MULTT-FAMILY, CONOOMINIUH OR LEASE; (78) {all~ Shoe repair OR SHOE SHINE shops OR STAND; (79) ~9Q} Shoe stores; (80) ~~H Sign painting shops; (81) f9a} Sporting good s stores; (82) {lin Stationery stores; {94} &•lt4ieet (83) {9n TailoriNG ttltepe AND DRESSMAKING SHOPS: (84) TAXI CAB STAND; (85) {96} Telephone exchanges; (86) ~97} Telegraph offices; (87) {98} Theaters (not including drive-in type OR ADULT MOVIES OR PRODUCTIONS); (88) ~99} Theatrical studios; (89)~lQQ} Tobacco stores ; (90){l0l~ Toy stores; (91) TRADE OR BUSINESS SCHOOL; (92) TRANSIT CENTER; (93) TRAVEL AGENCY; • • I • - ( • • • • -7- (94) {l9a} Upholstering shops; {19~} ¥erie~y e~reet {194} ¥ese•e~le e•ereet c. {19§} ir&de er &~eiRe&~ eeheelt {19&} Weariftl apparel {iseries~iea aae preeeesiRg}t (95) Any si~ilar lawful use which, in the opinion of the Com- mission WOULD BE COMPATIBLE WITH OTHER USES IN THE AREA AND WHICH WOULD NOT BE ie ne~ objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration or is not hazardou s to the health and property of the surrounding areas through danger of fire or explosion. Conditional ~ (1) Amusement establishments including, but not limited to: Billiard Halls, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Games, Night Clubs, Outdoor Com- mercial Recreational Facilities, Pool Halls, or Skating Rinks. {a} A4•l* la•••••in.ent enele• ierviee FeeilityT {e} Me ee•lt entertain.ent e• ee•viee iaeility shall ee leeaeee en any site •aleea e~eh e!te ie net leas then the eietaaee liaitetteft 88 ··~~ires sy th!e eee•!eft~ {l} l;QQ9 fe t fre• ~he leea~!ea ef saether e~eh ee~lt eatertsia.eat eP serviee fse!li~yt sae {a} ~QQ feet f••• the ee~aeery line ef any •••i4ea•i•l 4ietr!et eef!ae4 !a •he GeapPeheae!ve ieftiftl 9Pe!- naneeT Qpeia•••• NeT a,, ie•i•• ei li,a, •• ... a4ee, iael~4ial; e~t ae• lia!tee te; R-l-At R-l-it R-l-G; • I • - ' • • • • • -8- a-c, a-a-s, a-~, er a-4 e£ e!M!laF Ees~~eA~ial seRe e~a~Eie~ ift aft aEea aa~aift ~ft g ~ke Si ~y e ' K ft glew ee~T eF aAy Eeligie~e !Ae~i ~~~~eft , ~~el!e ~aEKT ~~el!e li~•••Y• eaaavRi*Y eeftlBET •• ea~ealiaRel iaalilv~iaaT whe~ke• w~~k !A e £ w ~~he~~ ~he Si~y e i a Rg le weea~ d. PROHIBITED~· e. (1) ADULT ENTERTAINMENT AND SERVIC E ESTAB LIS HME NTS; (2) MANUFACTURIN G; (3) OUTDOOR STORAG E 01' MATERI AL S , SUI'PLlE S , ANil 1\QUIP MEN'l' ON PRIVAT E AND PUB LIC PROPERTY; (4) THE OUTDOOR DISPLAY, ST ORAGE OR SALE OF HOUSEH OLD APP LIANC ES , FURNITURE, OR OTH ER ITEMS COMMO NLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLI C PROP ERTY ; ( 5) WAREHOUSING OF PRODU CTS OR ITEMS NOT SOLD ON TH E PRI:lUSES ; (6) SALE AT WHOLESALE ; (7) SALES OR SERVIC E ACTI VITY SHALL NOT BE ALLOWED FROH ANY TEMPO RARY STRUCTURE OR VEHI CLE UNL ESS A BU ILDING PE RM IT AP PLIC ATION HAS BEEN SUBMITTED FOR A PERMAN ENT BUI LD ING OR STRUCTURE TO REP LACE THE TEMPORARY STRUCTUR E. Accessory ~· Any retail or service use not prohibited in this Dis- trict wh ich is provided for the accommodation of the tenants, clients, patrons or customers of the Permitted Principal Use, and which is lo- cated in the same building or s truc ture. The Ac cessory Use must be subord inated and clearly inc idental t o and customary in connection with the Permitted Princ ipal Use . An Ac c e s sory Use co uld b e , but not limited to, such uses as a rad io o r TV ant e nna, a s wi mm i ng pool, a tennis c ourt, heliport, etc. Ll l Aay ~•• iaeia aa~ Qe ~he a~ave pe~itted uaes; when ~oeated .. ~.._ .... ~ •• u .ei"& •••• •• •ft4l ,.......ue4 ... - • I • • - ( . • • • • -9- fit ~~r~iains aisns reia~ins ~e the &ueineee eeaeuetee en ~he preaiaea shall &e peFaie~a4t p£aviaa4T heweva£T ~ka~ aweh aigRa shall &e plaea4 &8 as sse ea e£eaee as isjw£iews eiiee~ &y ilaahiRg 8£ &y glaFe as asy swF£8YRaiRg £esiaeRtial areas eRa shall sa~ eeRilie~ wieR eFa~~ie lights 8£ e9se£~st ~he Yiew ai ••~er!a~aT ~hie previa!en shall na~ ae 4aeaea ~a perai• aw•4aar aa .. ere!el eaver~!e!Rg 4av!aea w!EhtR ~h!a :l.ane !KaErieeT f3t &wiaaing P8els----seNi-p£iva~e, seNi-pwblie, ana pwblieT- f&ee Swppia.en~a•y Regwla•iaft&~T f. REQUIREMENTS FOR DEVELOPMENT. {1) ~4t Haximua height of bui1dings .•••••••.•• One hundred {100) feet. ~at &9~ iRQABWAY lNGKNilYS ARKA---------Fti•y-iive-f~~~-~ee•T ~ht ALL QiMKR 8-l ARSA&-------------------Se ven•y-iive -f~~~-~ee•T {ht Ma• .... hetsh• &f aYttatft18-----------ieven•y-itYe-~~§t-feetT (See Section ____ for Height Exceptions.) {it Repeele4 ay 9r4T NeT iiT Series ei l~iiT (2) ~et. Hinimua r••«• SETBACK. &T ~~~~ iR9A9WAY lNG~lYi AaiAT {lt l i~QRY i~lL»lNG-----------------------------NQNi {it NiW G9NSiRYGil9N a 9R 3 SiQRY 8Ylb9lNG-------li-F99i GiiiAGK FeR FlRGi FL99RT {3} 4-&iQRY iYlb9lNG----li F99i &GiBAGK FQR Fla&i ANQ fl8URiH Flo99RiT {4t ALL i~lb9lNGI> A»d9INING A WA&.KiMaWGil lila QN A GQRNi& b9i----la F99i lti~IAGK F9R FIRI>i AM» FQUR~H. Aloi. ~HIUl i-l ~T • I • • - • • • • -10- No yaree SETBACK shall be required; provided, however, that where PROPERTY IN THE a 8-1 Business District ahuts upon any PROPERTY IN any "R" Reside ntial District situated in the same hlock, the residential FRONT yard requirc>mc>nts ef t;\1e akttt;t;!Hg ResitleHHottl IH tHt'!et; s hall a pply to that ret't;iafl ef PROPERTY IN the Il-l llusiness District. w·HA-h• <'!ttel1 \>l-eek eM- eept ae te e!ee yeree eft eerfter l eeeT £. 6erfter le~&T 9ft e erRet' let;a t;he se~8aek Ft'aM t;ke FF&I'I~ ef t;\le httiltl!ftg s hell ea•ply w!t;k t;ke se~&aek Fe~tt!t'e~efles ttf tke !ltFeet ttpel'l wh!eh ~he freft~ ef ~he ktt!le!Hg faeeAT ~he s!ee af ~lie e tt !le!ftg eha ll ee ae~ &aek te He~ leas ~heR &fte-half {ll~} af ~he £raft~ e~eeek re~tt !ree fer ktt!le!Hgs eR laes Ft'&Rliftg ttpaR ~ke s!ee e~ree*• e•eep* *hee wket'e ~hepe are ftB le~e fre ft ~!ft g tt peft ~kae eereeeT ehe e!ee yaFe re~w!re•eftee eHly shall applyT Where aR epea~g wpeR a si~a &E pEwpeE~Y liRa ~dy ~e p£a~!tle~ fs£ pe~tt~ l£i&R weaeT a •iRi•w• see&aek ef ekree {J} feet; skall ~e pr eY!tletiT (3) MINIMUM FLOOR AREA TOTAL DISTRICT . (a) RESIDENTIAL USE EFFICIENCY OR STUDIO •.••.•..•......••.. 500 SQUARE FEET ONE BEDROOM .•.••.•.•.•••..•.•......•.•. 650 SQUARE FEET TWO BEDROOM ............................ 750 SQUARE FEET EACH ADDI TIONAL UEDROOH •.••.••••.•••..• llO SQU AR E FEET (b) ALL OTHER PERHITI'ED PRINCIPAL USES •.•.•..•..••••. NONE gT (4) MinimuM off-street parking Bfttl laatliR&· DEVELOPERS ARE ENCOURAGED TO PROVIDE PARKING IN MULTI-LEVEL STRUCTURES IN ORDER TO CONSERVI': LAND. lF IT IS NOT FEASIBLI': TO DO SO, SURFACE PARKING AREAS SHOULD BE SCREENED FROH THE VIDI OJ> PEDESTRIAN WAYS BY MEANS 01' DECORATive WALLS OR FENCES, LANDSCAPED BERMS, OR MATURE SHRUBBERY • • I • • - • • • • -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SERVES. IF THE DEVELOP ER SUBMITS A MARK ETING OR PARKING STUDY PRE- PARED BY A QUAL IFIED PRO FESSIO NAL USING REASONABLE PROFES- SIONAL STANDARD S, AND IT IS APPROV ED BY TilE CO MMUN ITY DE- VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGINEER, THE PARKING STANDARDS IN THE GE NERAL REGULATIONS MAY li E WA IVED. IF THE DEVELOPER DOES NO T SU BMIT A MAR KETI NG OR PAR KI NG ST UDY TO TilE CTTY, TilE I' AR K I NC REQU I REMEN'I'S IN TilE GE NEitAI. REGULATIONS SHALL BE APPLIED . (5) LOADING TOTAL AREA . ACCESS FOR LOADING SHOULD BE PROVIDED OFF OF THE ALLEY; OR, IF THE PROPERTY HAS NO ACCESS TO AN ALLEY, FROM THE STREET. (6} LANDSCAPING. LANDSCAPING AS MAY BE REQUIRED BY THE LANDSCAPING ORDINANCE . (7} UTILITIES. UTILITY SERVIC E TO BUILDINGS IN NEW DEVELOPMENT MUST BE UNDER- GROUND. (8) LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIP- MENT. TAN KS 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 REQUIRF.MENTS. ~T Gea4itiee&l UeeaT P•evl4e4 ~~e p¥8lle laee•e•• ia f¥lly p•ataete4 ea4 ~~e fellevias vee& ••• app.ave4 ey •he Ge .. la&iea {aaTi-al ef ~•aheftai•e ieaial 9 .. iaaRea~• lT Aivlt &ate••••a.&ft• aa4f•• Ge•v lee Faelll YT {e~ Ne e4vlt eaee•tai~eal •• ee•vie faeilley ahall ae • I • • • • • .. • -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SERVES. IF THE DEVELOP ER SUBMITS A MARKETING OR PARKING STUDY PRE- PARED BY A QUALIFIED PROFESSIONAL USING REASONABLE PROFES- SIONAL STANDARD S, AND IT IS APPROVED BY TilE COMMUNITY DE- VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGINEER, THE PARKING STANDARDS IN THE GENERAL REGULATTONS MAY fiE WATVED. IF THE DEVELOPER DOES NOT SUBMIT A MARKETING OR PARKING STUDY TO TilE CTTY, 'I'll E I' ARK INC REQUJREMEN'l'S 1 N TilE GENERAl. REGUL ATION S SHALL BE APPLIED. (5) WADING TOTAL AREA. ACCESS FOR LOADING SHOULD BE PROVIDED OFF OF THE ALLEY; OR, IF THE PROPERTY HAS NO ACCESS TO AN ALLEY, FROM THE STREET. (6) LANDSCAPING. LANDSC AP ING AS MAY BE REQUIRED BY THE LANDSCAPING ORDINANCE . (7) trriLITIES. trriLITY SERVICE TO BUILDINGS IN NEW DEVELOPMENT MUST BE UNDER- GROUND. (8) LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIP- MENT. TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE PERMITTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SIIALL CONFORM TO CURRENT FIRE CODE RP.QUIRI'.MENTS. hT Gea4i•i-•l u. .. 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H e ,_ _ _. e.tidtftS *etr -e~. -t!T ~ ~---~--_.,_. ........ -·· ,.."* 4K ~~~ Jt4fette1r*Y oiift8 ee ehewft -tile --.y ef -k ,._.. ....... ... ~,.. _... ~ ~-1\8· ,...., ....... " i9i-l~ ~.., •'-•• ........ ~ .......... ~....., ....... *-"" .... ... .Wtlft HeiieT IMwitftS M-ieye., Gftft-e,tetreeec ~.., hftee ~~Mia., a ..... , ... ~.~ttlee a.-., Nta"* Gi..._., ~-e-- ...... " ae ••••••• tlei ¥eetitete•T Peei Hei~T ft ~i!tt18 Ri,..T ~M -.Me4 ~ lftttltft-ee U~ ietrtH ef i9iat • I . - NOTE: • ( • • • • -14- In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the a111endment s b eing made to th e Ord i n a nce . Th is r e- place s "Title 22" of the 1 962 fcnglewo o d Mun ic ip al Co d e . • I • • ( • Section 16.4-11 B-2 Business District. • • • Rev. 4-11-1!4 2-29-84 3-13-84 Tlois District is composed of certain land and structures used primarily to provide URBAN RESIDENTIAL USE, retailing and personal services to THE RESIDENTS surrounding area. The B-2 District is usually located on major ac c ess routes ~-the-6ea~ei-B .. ieeee-9ieePie~ and is eaaily accessible from the surrounding residential area which it serves. ~he-~eea-pePai~~ee-ift-~hie-9ie~•ie~-a•e-eeaiSftee a. &!ppteaeete•y GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section ---------- &•ppie.eftte•y GENERAL Regulations, unless otherwise provided for in this Ordinance or an a8endment hereto. b. PLANNED DEVELOPMENT. A PLANNED DEVELOPMENT SHALL BE FILED FOR THE DEVELOPMENT OF ANY LOT HAVING ONE OR MORE ACRES IN AREA. SEE SECTION 16.4-15 FOR DEVELOPMENT PROCEDURE. c. Peraitted principal uaea. No building structure, or land ahall be uaed and no building or atructure ahall be erected, atructurally altered, enlarged or maintained unleaa otherwise provided for in this Ordinance, except for one or .are of the following uses : (1) Any use peraitted in the B-1 Businees Dietrict; (2) Animal hospitals (kennels to be enclosed and the runs encloaed by a fence six [6] feet high); (3) Auction houaes; (4) AUTOMOBILE SALES Oi LEASE NOT INCLUDING COHHE&CIAL VEHICLE WRECKING DISMANTLING OR JUNK YARDS. (5) Drive-in .,. eating or drinking establish8ente; (6) Feed and seed atorea (excluding the sale or atorage of hay); • I • - • • d. ( • • • • -2- (7) FOOD LOCKER STORAGE; ~1t--Geresee-~r-ee.aereial-afte-p~&lie-~~ili~y-yehielea~ (8) Gasoline and oil service stations; (9) Hospitals and convalescent homes; (10) MOTOR VEHICLE SALES OR LEASE; (11) Mortuaries; (12) Motels .eeer~r~aT-~~-ee•r~a-~~r-~reftsieft~-••e-ealy-eae (not including trailer courts); ~l~~--e.~eer-~eial-aeYer~ieia~-eeyiees-~ae-sHek-eeYiee-shall-&e plaeee-ae-as-~e-~aee-afty-Resieea~ial-~eaeT-PH8lie-park-sr-parhvay i~-wi~hia-eae-ft.aeree-~l99t-~ee~-~here•r••~~ ~1~~-~aele-~-p.&lie-~raaa~-.ehieles~ (13) PAWN SHOPS AND SECOND HAND STORES; (14) RECREATIONAL VEHICLE SALES OR LEASE TO INCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTHER RECREATIONAL VEHICLES. (15) RESIDENTIAL USE: MUST CONFORM TO THE DEVELOPMENT REQUIREMENTS OF THE R-3, HIGH- DENSITY RESIDENCE DISTRICT. ~-~--k>riMP-Mlee-le~st ~st--v..e--r-leh~ (16) Any siailar lawful uae, which, in the opinion of the Comaisaion, is not objectionable to nearby property by reason of odor, dust, saoke, fu.ea, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion • Accessory uses. (1) Any use incident to the above Peraitted Uses, when located on the s a~ building site as the Peraitted Use. (2) Swi .. in& Pools --s eai-private, s ai-public, and public. (See Swppl ... aaa•, GENERAL Regulations) • I • • - , • • • • -3- e. Conditional Uses. Provided the public interest is fully protected and the following uses are approved by the Commission (Section ----- of the Comprehensive Zoning Ordinance. (1) Adult Entertainment and/or Service Facility. (a) No adult entertainment or service facility shall be located on any site unless such site is not less than the distance liaitation as required by this section: (i) 1,000 f e et from the location of another such adult entertainment or service facility; and (ii) 500 feet from the boundary line of any residential district defined in the Co.prehensive Zoning Ordinance, 9rdit~~~ ~. Series~~.-as amended, including, but not limited to, R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, or l-4 or similar residential zone district in an area adjoining the City of Englewood, or any religious institution, public park, public library, co.-unity center, or educational institution, whether within or without the City of Englewood. (b) Neaeur..ant of distance. All distances provided herein shall be measured as follows: (i) With respect to the distance between a location for which an adult entertainment or service facility is proposed and a location where such a facility exists, the distance shall be .eaaured by following a straight line froa the nearest point of the property line of the proposed licensed praaiaes to tha naaraat point of tha property line which is the existing licensed preadses. • I • • , • • • • -4- (ii) With respect to the distance from the boundary line of a residential district or any religious institution, public park, public library, community center, or educational institution, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the district b o und ary line; or in the case of a religious institution, public park, public library, community center, or educational institution, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licensed premises to the nearest point of the property line of a religious institution, public park, public library, community center, or educational institution. (iii} Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no perait has been issued for the construction of a building, all distances shall be measured from the nearest point of the property line of the land proposed as a location for an adult entertainment or service facility . Where the proposed location of an adult entertain.ent or service facility is a vacant parcel of land upon which a permit has been issued for the construction of a permanent building for such use, all distances shall be measured from the nearest point of the property line as ahovn on the survey of such parcel of land. • I • • • ( • • • • -5- ~ -ntieti _.,..~ ... ~~ .. --44 .. --a-.~-~...J.ia~). (2) Motor Vehicle Repair businesses, not including body or fender work, dismantling or collision repair, and provided that: (a) Motor vehicles being serviced or stored while waiting t o be serviced or called for are not parked on streets , alleys, public sidewalks or parking strips; (b) All work is performed within an enclosed structure; (c) No materials or parts are deposited or stored on the premises outside of an enclosed structure; (d) Any area subject to wheeled traffic or storage is screened from adjacent or adjoining residential districts by a closed- face wood fence, or block or brick wall. (3) Motor Vehicle Laundry or Polishing Business, which shall comply with the following conditions: (a) A minimum of three (3) parking spaces shall be provided on the site for each washing stall; (b) The site shall be paved to the specifications of the Depart~nt of Engineering Services; (c) All waste water shall be discharged into the sanitary sewer line after having been run through a sand trap; (d) All lights used to illuminate the area shall be directed away from adjacent residential properties • .{ .. 'MS 1 Sd ~-01'dj 919C9 J.2£.-Ser.i.e&.Af-.1JI&2...) (4) &.use.ent establishments including, but not limited to: Billiard Halls, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Ga.es, Night Clubs, Outdoor Co..ercial Recreational Facilities, Pool Halls or Skating Rinks. ~ ••n •• • 1t7-Q .. iMftee fi8T S.rte. of t98t:-~ • I • • - • ( • • • .. • -6- (5) MINI-STORAGE • LIMITATIONS: NOTWITHSTANDING THE REQUIREMENTS OF THE ZONING ORDINANCE, AND OTHER ORDINANCES AND REGULATIONS OF THE CITY, ALL MINI-STORAGE USES ESTABLISHED AFTER THE EFFECTIVE DATE OF THE ORDINANCE SHALL COMPLY WITH THE FOLLOWING LIMITATIONS: (a) PERMITTED USES; GENERAL. NO OTHER USES OR ACTIVITIES OTHER THAN RENTAL OF UNITS OR SPACE FOR DEAD STORACE SHALL BE PERMITTED ON TilE PREMISES, EXCEPT FOR OFFICE SPACE AND LIVING QUARTERS NECESSARY TO, AND INCIDENTAL TO, THE MANAGEMENT AND OPERATION OF THE BUSINESS. THIS PROVISION SPECIFICALLY INCLUDES THE PROHIBITION OF ANY ACTIVITY SUCH AS AUTO REPAIR; AliTO OR FURNITURE PAINTING AND REFINISHING; ELECTRICAL EQUIPMENT OR ELECTRONIC REPAIR OR ASSEMBLY; OR ANY OTHER LID REPAIR, REFINISHING, OR ASSEMBLY ACTIVITY BY THE OWfJER, OR AGENT THEREOF, OR BY LESSEES OF STORAGE UNITS OR SPACE. (b) MINIMUM LOT AREA. NO MINI-STORAGE SHALL BE LOCATED ON A SITE HAVING AN AREA OF LESS THAN ONE (l) ACRE. (c) MAXIMUM LOT COVERAGE. LOT COVERAGE OF ALL STRUCTURES SHALL NOT EXCEED THIRTY-FIVE PERCENT (35%) OF THE TOTAL LOT AREA. (d) MAXIMUM BUILDING HEIGHT. BUILDING HEIGHT SHALL NOT EXCEED THIRTEEN (13) feet. (e) NUMBER OF STRUCTURES. STOilAGE UNITS MAY BE LOCATED WITHIN A SINGLE STRUCTURE OR MULTIPLE STRUCTURES ON THE SAME LOT. (f) TYPE OF CONSTRUCTION. 1. ALL STRUCTURES SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE UNIFORM BUILDING CODE. 11. ALL DRIVES, PARXING AREAS, AND, WHERE PERMITTED, OUTDOOR STOIAGE AREAS SHALL HAVE A COMPACTED lASE AND SHALL BE PAVED WITH AN IMPERVIOUS MATERIAL WITH A THICDESS OF MOT LISS THAN FOUR INCHES (4") • • I • • - ' • • • • • -7- (g) CIRCULATION, PARKING AND LOADING. i. CIRCULATION. ALL DRIVES INCLUDING LOADING LANES WITHIN THE SITE MUST BE AT LEAST TWENTY-FIVE (25) FEET IN WIDTH. PUBLIC ACCESS AND EGRESS SHALL BE RESTRICTED TO A SINGLE LOCATION ALONG A PUBLIC STREET. THE PUBLIC ACCESS SHALL BE EQUIPPED WITH A GATE WHICH SHALL BE CLOSED DURING HOURS THE BUSINESS IS CLOSED, AND SUCH ACCESS POINT SHALL BE FULLY VISIBLE FROH THE MANAGER'S OFFICE. AT LEAST ONE ADDITIONAL ACCESS POINT SHALL BE PROVIDED WHICH IS CLOSED TO THE PUBLIC, BUT IS AVAILABLE AS AN ALTERNATIVE EMERGENCY ACCESS POINT FOR FIRE VEHICLES. SUCH EMERGENCY ACCESS SHALL BE EQUIPPED WITH A KNOCKDOWN-TYPE FENCE OR SIMILAR BARRIER. ii. PARKING AND LOADING. a. CUSTOMER PARKING SHALL BE PROVIDED AT THE MANAGER'S OFFICE CALCULATED ON THE BASIS OF ONE SPACE FOR EACH SIX THOUSAND (6,000) SQUARE FEET OF FLOOR AREA AND OPEN STORAGE, OR ONE SPACE FOR EACH FIFTY (50) STORAGE UNITS AND SPACES, WHICHEVER IS GREATER. TWO (2) ADDITIONAL PARKING SPACES FOR EMPLOYEES SHALL BE PROVIDED AT THE MANAGER'S OFFICE. b. A MARD:D LOADING LANE SHALL BE PROVIDED ADJACENT TO THE EXTERIOR OF ANY STRUCTURE IN WHICH STORAGE UNITS ARE LOCATED AND WHERE SUCH UNITS HAVE DIRECT ACCESS TO THE EXTERIOR OF THE STRUCTURE. SUCH LOADING LANE SHALL BE CLEARLY MARKED FOR THE EXCLUSIVE USE OF THE LESSEES OF SAID STORAGE UNITS AND SHALL NOT BE USED FOR THE TEMPORARY OR PERMANENT STORAG E OF ANY ITEM. LOADING LANES SHALL BE A HINIKUH OF NINE FEET (9') IN WIDTH. (h) OUTDOOR STORACE. OUTOOOR STORAGE MUST BE LOCATED ON THE SITE AND/OR SCREENED IN SUCH A MANNER SO AS TO ELIMINATE THE VISUAL IMPACT OF SUCH AR~ • • I • • - • • • - -8- (i) LANDSCAPING, FENCING AND LIGHTING . i. LANDSCAPING. LANDSCAPING SHALL BE PROVIDED IN COMPLIANCE WITH THE LANDSCAPING ORDINANCE. SCREENING WILL BE PROVIDED ALONG ALL BOUNDARIES OF A MINI-STORAGE SITE WHICH ABUTS PROPERTY LOCATED IN A MORE RESTRICTED ZONE DISTRICT THAN THE MINI-STORAGE SITE, OR FACES A MORE RESTRICTIVE DISTRICT SEPARATED BY ANY PUBLIC RIGHT-OF-WAY. ANY BOUNDARY OF A MINI-STORAGE SITE WHICH ABUTS OR FACES A RESIDENTIAL DISTRICT SHALL BE BUFFERED BY A LANDSCAPED AREA OF NOT LESS THAN TEN FOOT (10') WlDTH AND SHALL BE PROVIDED WITH A FULLY ENCLOSED SIX FOOT (6') OPAQUE FENCE. THE CITY RESERVES THE RIGHt TO REQUIRE SUCH REASONABLE LANDSCAPED AREA AS DEEMED NECESSARY BY THE DIRECTOR OF COMMUNITY DEVELOPMENT TO PROVIDE ADEQUATE VISUAL SCREENING OF ADJACENT PROPERTIES OR PUBLIC ' RIGHTS-oF-WAY. ( • ii. FENCING. MINI-STORAGE SITES SHALL BE FULLY ENCLOSED TO PROVIDE MAXIMUM SECURITY AGAINST THEFT OR VANDALISM. SUCH ENCLOSURE HAY INCLUDE FENCING,STRUCTURAL WALLS, OTHER MEANS OF ENCLOSURE, OR ANY OOKBINATION APPIIDVED BY THE DIRECTOR OF Ce»oruNITY DEVELOPMENT. iii. LIGHTING. ADEQUATE LIGHTING SHALL BE PROVIDED WITHIN A MINI - STORAGE SITE SO AS TO FULLY ILLUMINATE ALL AREAS WITHIN THE DEVELOPMENT. SUCH LIGHTING SHALL BE APPROPRIATELY HOODED OR OTHERWISE INSTALLED TO PREVENT THE EMISSION OF OBNOXIOUS OR DANGEROUS GLARE BEYOND THE BOUNDARIES OF THE PROPERTY. (j) STORAGE OF FLAMMABLE MATERIALS, EXPLOSIVES OR CHEMICALS. STORAGE OF FLAMMABLE LIQUIDS, GASES, OR OTHER FLAHKABLE MATERIALS INCLUDING BUT NOT LIMITED TO PAINT, MOTOR OIL, AND GASOLINE; ALL EXPLOSIVES INCLUDING BUT NOT LIMITED TO DYNAMITE, AMMUNITION, AND FIREWORKS; AND NOXIOUS CHEMICALS INCLUDING BUT NOT LIMITED TO COMMON GARDEN AND INSECT SPRAYS IS PROHIBITED • THIS PROHIBITION SPECIFICALLY INCLUDES MOTOR OIL AND • I • • • • • -')- GASOLINE CONTAINED IN ANY INTERNAL COMBUSTION ENGINE OR VEHICLE; ANY LIQUID OR GAS WHICH IS CONTAINED UNDER PRESSURE; AND ANY OF THE POTENTIALLY DANGEROUS CHEMICAL COMPOUNDS COMMONLY ASSOCIATED WITH MAINTENANCE AND REPAIR ACTIVITIES. (k) MAINTENANCE. THE EXTERIOR OF STRUCTURES AND GROUNDS SHALL BE HA I NTAI ED IN A NEAT, CLEAN, AND ORDERLY MANNER. THF. OWNER, HIS AGENT OR MANA GE R SHALL PROVIDE AT LEAST ONE CLOSED DUMPSTER-TYPE TRASH CONTAINER FOR EACH FIFTY (50) STORAGE UNITS AND SPACES. SUCH CONTAINERS SHALL BE , EVENLY DISTRIBUTED THROUGHOUT THE Sl'l'E iN EASlLY ACCESSlllLE ANO CONVENIENT LOCATIONS. (1) SIGNAGE. SIGNAGE FOR MINI-STORAGE DEVELOPMENTS SHALL BE LIMITED TO ESTABLISHMENT IDENTIFICATION AND DIRECTIONAL PURPOSES ONLY, AND SHALL f BE IN COMPLIANCE WITH THE PROVISIONS OF THE SIGN CODE. ( • (a) MANAGEMEN1'. 1. THERE SHALL BE EMPLOYED ON THE PREMISES OF ANY MINI-STORAGE DEVELOPMENT A FULL TIME MANAGER OF THE OPERATION. SUCH MANAGER HAY BE "LIVE-IN", PROVIDED THAT A PERMANENT RESIDENCE WHICH MEETS ALL THE REQUIREMENTS OF THE CITY FOR RESIDENTIAL OCCUPANCY IS LOCATED ON THE SITE. U. RENTAL OF ANY STORAGE UNIT OR SPACE SHALL BE RECORDED IN A WRITTEN LEASE AGREEMENT. SUCH DOCUMENT SHALL, AS A MINIMUM, CONTAIN CLEAR STATEMENTS OF ALL LIMITAT I ONS AND PROHIBITIONS CONTAIN ED HEREIN. A COPY OF SAID LEASE SHALL BE KEPT IN THE OFFICE OF THE MINI-STORAGE OPERATION AND SHALL PROVIDE THE FOLJ~ING INFOIIMA TION: a. NAME OF LESSEE : b. BUSINESS NAME (IF APPLICABLE) A»D NAME, ADDRESS TELEPHONE OF APPROPRIATE CONTAC T: • I • - ' • • • • - -10- c. RESIDENCE AND BUSINESS ADDRESS; d. CITY, STATE AND ZIP CODE; e. RESIDENCE AND BUSINESS TELEPHONE; f. DRIVER'S LICENSE NUMBER OF LESSEE (OR OTHER VALID IDENTIFICATION); g. GENERAL DESCRIPTION OF STORAGE ITEMS; h. SIGNATURE OF LESSEE ACKNOWLEDGING LIMITATIONS AND PROHIBITIONS OF LEASE AGREEMENT. iii. IT SHALL BE THE RESPONSIBILITY OF THE OWNER, HIS AGENT OR MANAGER TO PERIODICALLY INSPECT THE CONTENTS OF LEASED STORAGE UNITS OR SPACES FOR COMPLIANCE WITH 'l'HESE REGULAl'IONS. SUCH INSPECl'ION SHALL BE CONDUCTED NOT LESS THAN ONCE EACH QUARTER (~) OF EVERY YEAR SUCH BUSINESS IS IN OPERATION. A RECORD CONTAINING THAT INFORMATION REQUIRED IN THE LEASE AGREEMENT, TOGETHER WITH A RECORD OF EACH INSPECTION WHICH SHALL INCLUDE THE DATE OF SAID INSPECTION, TIME AND RECORD OF VIOLATIONS, SHALL BE MAINTAINED IN THE MANAGER'S OFFICE. SUCH RECORDS SHALL BE MAINTAINED IN A CUIUlENT AND ORDERLY MANNER, AND SHALL BE AVAILABLE TO THE CITY'S INSPECTORS UPON DEMAND. IT SHALL BE THE OWNER'S, HIS AGENT'S OR MANAGER'S RESPONSIBILITY TO NOTIFY THE CITY OF ANY AND ALL VIOLATIONS OF THE REGULATIONS SET FORTH HEREIN IMMEDIATELY. 1v. IT SHALL BE THE JOINT RESPONSIBILITY OF THE OWNER, HIS AGENT OR MANAGER TO ENSURE THAT THE LESSEES COMPLY WITH ALL APPLICABLE PROVISIONS OF THIS CODE. (n) PLAN REVIEW. ALL SITE DEVELOPMENT PLANS FOR MINI-STORAGE DEVELOPMENTS SHALL BE SUBMITTED FOR REVIEW BY TilE CITY. • I • - , • • • • • • -II- f. PROHIBITED USES. (1) MANUFACTURING; (2) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; {3) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCES, FURNI'.l'UKE, OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLIC PROPERTY; (4) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES, EXCEPT AS PROVIDED IN SECTION 16.4-ll e 5; (5) SALE AT WHOLESALE; (6) SAL!>S OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEEN SUBHll.fED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACI!: THE T~IPORARY STRUCTURE. fT---Serner-~~eT--9a-eerner-le~e-~he-eeeheek-ef-ehe-freae-ef-ehe-hHiidias-ehell ee.ply-wieft-wieh-ehe-eee&aek-r~•i .... ae-ef-ehe-eereee-•pea-whieh-ehe-freae et-ehe-._i~iat-feeeeT--~he-eide-ef-ehe-h-'l4iaa-ehell-he-eee-&aek-ee-aee leee-eftee-eae-he14-~+-et-efte-freae-.. e&aek-•~•ire4-fer-._.l4iaae-ea-leee freaeias-•,ea-ehe-ei4e-eereetT-e•eept-thet-vhere-there-are-aet-lHte-frHat!HS •pea-~he~-eereeer-eft8-ei4e-yerd-~••....aee-ealy-ehell-epplyT--Where-ea epeaifts-•,ea-e-eide-er-preper~y-liae-aay-he-previde4-fer-pe4eeeriea-•eey e-aiai ... -eeeaeek-ef-ehree-f~~-feee-ehell-ae-previ4e4T g. Maxi.um height of buildings. fl+--ie.r-f4+-ee.rieer-h•e-aee-sreeeer-ehea-fifey-f§9~ SIXTY (60) feet. fa~--Repeele4-ay-9r4T-NeT-a6T-Seriee-ef-l96iT~ h. Mia .... -yer4e SETBACKS. No yer4e SETBACKS eha11 be required; provided, however, that where a PROPERTY ZONED B-2, Bueiness aieeriee, abuts upon any PROPERTY ZONED "R" Reeidential Dietrict, ei.W&t.M iA s;a. ._ ~ .. the reeidentia1 FRONT yard require .. nt of the abutting Reeidentia1 • I • • NOTE: ( • • • • -12- District shall apply to that portion of the PROPERTY IN THE B-2 Business District vt~fttft eweh &leek except as to side yards on corner lots. i. Minimum off-street private parking and loading. (See S~tppl:-ft~ery GENERAL Regulations •. ) j. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PF.RMITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIPMENT. LIQUID PETROLEUM GAS TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE I'ERHIITED IN TillS ZONE DISTRICT. LIQUEFIED PETROLEUM CAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the amendments being made to the Ordinance. This re- places "Title 22" of the 1962 Englewood Municipal Code. I • • , • • • • April 11, 1984 February 15, 1984 Section 16.4-12 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 llcoadway 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 iaage for this area which will encourage new businesses and to create the fra.ework for redevelopment of existing structures through architectural compatibility to provide better insight into the design as- pects of existing buildings and the potential of properties along South Broadway. To this end, criteria by which individual properties can be re- developed or restored are herein set forth: (1) Reestablish and unify the building facade character through emphasis on original construction materials and structural modules. (2) &e.ove 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 • • I • • , • • • • -2- b. Administration. The review of the plans shall be the responsibility of the Director of Community Development or her designee for conformance with these regula- tions. No building permit shall be issued for the reconstruction of the ex- terior of any building unless the improvement conforms with these guidelines. c. Facade/Design Criteria. (l) General Facade Zone. (a) Window sill zone - 2 feet to 3 feet 6 inches from ground level. (b) Display zone -Window a r ea between window sill nnd first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level. IF THERE IS NO SECOND FLOOR, THE SIGN- AGE ZONE SHALL BE FROM THE FIRST FLOOR CEILING TO THE TOP OF THE PARAPET WALL, (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. l. The renovation of existing facades shall respect the relationship of first floor store fronts and upper atories and shall be conaiatent with the original architectural character. 2. The re.oval or alteration of any hiatorical or dis- tinctive architectural detailing shall be a¥ei4e4 DISCOURAGED • • I • • - • ( . (. • • • • -3- 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. 3. Building cladding colors shall be earth colors . 4. Building trim colors shall complement the colors of adjacent buildings. 5. Glass areas: a. First floor -Maximum 60 % vertical surface. b. Second floor -Maximum 40% vertical surface. c. Third floor and above -Unrestricted. (b) Height and Scale. 1. The height and scale of buildings should relate to the architecture and scale of adjacent buildings. 2. Overall height is limited to four stories maximum. (c) Setbacks. 1. Mandatory 0 foot setback wherever possible. 2. On buildings two stories and above, a 12 foot first floor setback for weather protection is encouraged. (d) Architectural projections into right-of-way. 1. Unleea otherwise peraitted, no new metal canopies, roof overhangs, or other permanent architectural elements may project into the right-of-way. Canvas awning• are encouraged • • I • • - • • ( ' • 2. • • • -4- No structural element may project into right-of- way. (e) Signage. 1. I n addition to the Englewood sign requirements 2 . specified in Section lb. 7 of the Comprehensive Zoning Ordinance, the following requirements shall also a pply to the South Broadway Incentive Area. In the event that th ese requirements and those of the more general Sign Code requirements conflict, the aeFe stF~Rgeft~ THESE regulations shall apply. a. Wal l signs shall only be located in the sign b • zone. 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. c. Signs painted on window s sltall be permitted in windows above the first floor and shall identify the business located on the premises only. d. PieMiglaaa; tfttePftally ill~Mtftate4 e• ••eklif aigfta shall ee p.ahi.ita4T INDIVIDUAL LETTERS SHALL UE '11lE ONLY T't~E OF INTERNALLY ILLUMINATED OR BACKLIT SIGN PER- KITl'ED. e. BANNERS WHICH DO NOT CONTAIN COHHERCIAL AD- VERTISING SHALL BE PERMITTED WHEN USED FOR DECORATIVE PURPOSES. ANY SIC WHICH WAS LAWFULLY ERECTED AND MAINTAINED • I • • - • • • • • -5- PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE, BU T WHICH DOES NOT CONFORM TO THE LIMITATIONS ESTABLISHED BY THIS ORDI NANCE, SHALL BE A NON CONFORMING SIGN, AND MUS T BE BROUGHT INTO CONFORMANCE OR TERMINATED AND CEASE TO EXIST IF ANY ONE OF THE FOLLOWING CON- DITIONS OCCUR: A. WHENEVER THE SIGN IS DAMAGED MORE THAN 50 % OF ITS TOT AL REPL ACEMENT VAL UE , OR DESTROYED FR OM ANY CAU SE WHATSOEVER , OR BECOMES OBSOLET E OR SUilST ANDAR D UNDER ANY APPLICABL E ORDINANCE OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BECOMES A HAZARD OR A DAN GER. B. WHENEVER THE OWNERSHIP OF THE PROPERTY CHANGES • ON WHICH THE SIGN IS LOCATED. ' C. WHENEVER THERE IS A CHANGE IN THE LESSEE, OWNERSHIP OF THE BUSINESS OR USE TO WHICH THE SIGN PERTAINS. D. WHENEVER THERE IS A REQUEST MADE FOR A PERMIT TO CHANGE THE SIGN. E. WHENEVER THERE IS A REQUEST FO R A PERMIT TO HAK E IMPROVEMENTS TO THE FAC AD E OF THE BUILDING ON WHICH THE SIGN IS LOCATED. APPEALS SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16. 7-lld OF TilE SIGN CODE . (f) Awnings , 1. Two types of csnvss awnings shall be used: a. Individual awnings located at entries to shops and second story windows. I • • • , • b. • • • -6- Large awnings covering the entire building frontage. 2. Awnings shall be attached below the sign zone. 3. Awnings are permitted over window s on upper floors. 4. Maximum depth of awnings shall be 8 feet. 5. Color scheme of awnings shall complement the colors of the equipment. (g) Mechanical equipment. 1. Mechanical equipment projecting from facade into the right-of-way shall not be allowed. 2. All rooftop mechanical equipment shall be screened with some type of architectural element which is consistent with the original facade of the building. (3) Upgrading and restoring facades of rear of buildings. (a) Rear facades shall be coordinated with color of front facade through painting with a limited palette of earth tone colors. (b) All paving at rear of buildings shall be asphalt OR CONCRETE except at pass through& where special paving such as brick, tile or block pattern shall be used. (c) Consolidate and screen all service areas (trash, etc,) with noncombustible material. • I . - • • • • • • • • -7- ~----~~~~-~o£.-.€-t---&t-~.&M.J.~ H+--1-...w-k-iefr-t:-e-~~-&£-t.£-e-c-H,-~~ ~andar4£-~ JII@!M-~~1.-ftt-~-64.~ (-at-Facade "IIIU'St""-oeem.--M.--ri!;ftt:-ot'-wey--1-i:ne-~-f-eM--e&-beci< ~--&t-40C-ec~~-u...~""-- ~~lllaterials ~.haclr-.i=IL propert:ll..l..i.na....IWA. OO(i...-..~~..abaJ,l.....-..~~Q'uod. .J..J.a.L--~ ~~~<(l) (l)l ~ aptN"O"ed ~ ~-MaiiB., ~~~~~A&tit••teA.Ql....OC th•a•sh -~-llwi.ld~ -i.A-~-~ •••nnqr E-tt).--lhtio:W~~...U.lJ.~ .XIlti'ttd-4~~--~~ ._ ...... ~ .. ~..U-~-£-~i.lllt-.£.w&y.- • I • • • NOTE: • , . • • • • -8- In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the amendments being made to the Ordinance. This re- places "Title 22" of the 1962 Englewood Municipal Code • • I • • • • • • • • • DRAFT 3-30-83 3-27-84 SECTION 16.4--15. PLANNED DEVELOPMENT (P.O.) DISTRICT . Section 16.4--l. Legislative Purpose and Intent. The purpose of this subchapter is to permit and encourage diversification 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 intended to insure improved pedestrian and vehicular circulation facilities and the provision of usable open space while insuring adequate standards relating to the public health, safety, wel f are a nd c onvenienc e in the use and occupancy of buildings and facilities. The amenities and compatibilities of the Planned Development classification are to be insured ~a BY the adoption of a development plan, which shall consist of maps, diagrams and written statements setting forth land use relationships and development standards. The Planned Development classification is to be applied to land only upon specific application by the owner OR OWNERS OF THE LAND aP-a~ehePieee-pepPe .. aeeei•es-ei ehe-BWReP and after approval by the City Planning and Zoning Co.-ission AND CITY COUNCIL. Construction on said land shall take place only after the approval of doc~nts have been recorded in the Office of the Clerk and Recorder of Arapahoe County, Colorado. Section 16.4--2. Require.ents. (a) DEVELOPMENT UNDER the PLANNED DEVELOPMENT Distric t REGULATION -y-lte of this ordinance as well as the basic .aa•as ZONE district with which it is co.bined. Where a conflict occurs between an approved P.O . and the raaulations of the underlying seftias ZONE district, the approved P.O. shall prevail, except with regard to peraitted uses, AND dwelling unit density. aa4-eii-sePeee-paPkift8 .e~i .. meaesT THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A PLANNED DEVELOPMENT HAVING AN AHA OF 10 ACRES OR MORE AND UNDER ONE OWNERSHIP • • I • • • • • • • • , . • 2 (b) In order to encourage good design and flexibility, the-6ity Piaaaias-aae-~eaias-~eeiea-aay-vaive all or part of the subdivision regulations applicable to the development MAY BE WAIVED, if it is assured that all public improvements and conveniences will be consutnated through other documents and agreements. IF PLANNED DEVELOPMENT APPROVAL IS WITH- DRAWN AFTER ANY SUBDIVISION WAIVER HAS BEEN GRANTED, THE WAIVER SHALL BE NULL AND VOID AND THE PROPERTY SHALL BE SUBJECT TO THE SUBDIVISION REGULATIONS. ~et--~-6i*y-Pieaaias-aae-~eaias-6a .. issiea-aay-vaive-Hp-te-afte iaeiHeia~-~eaty-five-~2§t-pereeft~-ef-~he-eff-s~ree~-~arkiftg-req~iremeft~B aa-eetabiishee-by-6hapter-aaT§-§-ef-~he-~eaiftS-areiaaaeeT-s~bfeetT-heveverT te-the-etaaeares-eetabiiehee-pHPB~aat-te-Seetiea-&-~et-ef-thie-6hapterT Section 16.4--3. Pre-Application Conference A pre-application conference shall be held with the staff of the Department of Co.-unity Development in order for the applicant to become acquainted with the Planned Development procedures and related City requirements. Section 16.4--4. Application An application for approval of a Planned Development .. , SHALL be filed by the owner or owners of the land. er-by-a-pereeft-heviaa-ea-iatereet ia-the-preperty-thet-ie-te-be-iaeiHeee-ia-the-Pieaaee-9eveiepmeatT-P••- •~-thet-&Heh-epp~ieetiaa-eheii-be-eee..,eaiee-8y-the-writtea-e•thariee tiea-foto-e~eh-setiea-aisaee-by-ehe-evaer -er -evaera-ef-aaie-iaaeT-tesether vith-e-atateeeat-aisaee-ay-the-ewaer-er-awaera-thet-ehey-es.ee-te--.-ee•ae ay-the-res•iatieae-eae-eeaeitteftll-vhieh-viii-ae-etteetive-vith-the-eppreval eae-reeereias-ei-the-ievela~t-Plea. The application shall be .. de on a fora provided by the City and shall be accompanied by plans and written statements shovin& the following inforaation: • I • • - • • • r • • • • • ] (a) P.etiaiftery-Ptefte. DEVELOPMENT PLAN. A rretiaiftery DEVELOPMENT Plan showing the major details of the proposed Planned Development at a scale of not less than 1" -SO' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed develop- ment. The P.etiaiaery DEVELOPMENT Plane must contain, insofar as is applicable, the following minimum information: (1) A Boundary Survey; (2) The existing topographic character of the land; (3) The proposed land uses; (4) The location of all existing and proposed buildings, structures and improvements; (5) The density and type of dwellings, including typical eleva- tions and showing maximum height; (6) The aajor points of access to public rights-of-way, the internal traffic and circulation systems, if applicable, off-street parking areas, service areas, and loading areas; (7) The location, height and size of proposed signs, fences, lighting and advertising devices including typical elevations; (8) Areas which are to be conveyed, dedicated or reaerved for public purpoaes, including, but not limited to: parka and recreational areas, bicycle and pedestrian facilitiea, aeheeiey-.. ~lie-~it.iftl• EASEMENTS FO& UTILITIES, or other public purposes; (9) Areas subject to a 100-year flooding cycle; (10) A general landscape plan with major types of materials deaignated aa to purpoae, SOURCE OF WATER AND TYPE OF SPRINILING SYSTEM. (11) DRAINAGE PLANS (12) {llt Designation of various stagea for construction, if applicable • • I • • • • • • 4 • • • (13) A MYLAR OF THE APPROVED DEVELOPMENT PLAN SHALL BE SUBMITTED FOR RECORDING IN THE OFFICE OF THE ARAPAHOE COUNTY CLERK AND RECORDER. b. Written Statement. The written statement with the Planned De- velopment application shall contain the following minimum infor~ation: (1) A statement of the present ownership and a legal description of all of the land included in the Planned Development; (2) An explanation of the objectives to be achieved by the development, including building descriptions, sketches, or elevations as may be necessary to describe the objectives; (3) A development schedule indicating the approximate date when construction of the development or stages of the development can be expected to begin and to be completed; (4) Copies of any special agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and protection of the development and public areas. (c) The applicant may submit any other information or exhibits deemed pertinent to the evaluation of the proposed Planned Development. Section 16·4--5. Review and Approval (a) Upon receipt of the application, the Department of co .. unity Development shall be responsible for coordinating the review of the develop.ent plana by the various City departments and appropriate public agencies culainating in the submission of an advisory report and recommenda- tion to the City Planning and Zoning Comaission. Submission of the report and recoaaendations shall be acco•plished within thirty (30) days after the filing of the coaplete application. A copy of the advisory report and reco ... ndations shall be furnished to the applicant. • I • • • • • • • • • -5- (b) Within thirty (30) days after having received such report, the Commission, ~peft prepe• fte~iee, shall hold a public hearing on the application. The applicant shall post the property of the proposed Planned Development, in a form prescribed by the Department of Community Dev elopment , and THE DEPART- MENT OF COMMUNITY DEVELOPMENT SHALL BE RESPONSIBLE FOR PUBLISHING THE LEGAL NOTICE OF THE PUBLIC HEARING. shall g!Ye v•i~~eft ft&~iee ei ~he pvelie heaFiRgT te~ Wiehift • ._., ti9~ eeye ire• ehe aaee ei ~he Pvhiie-P.ea•ift&T ehe ~iey P~aftfttft& afte aeftift& Geaaieeieft aha~~ aeke v•i~~eft iifteift&a reee .. efteiftS ~e ~he ~i*Y ~eVReil ~h•• •he p•epeeee plaft he ei•he• epp•8Ye4T eefta!•ieftelly appFeYe4 e• e!eapp•eyeeT A eepy ei ea!e i'R~iftg& ekall he iv•Riehe~ ~e ~ke ·~~l!eeR~T the Giey Ge~eii .. y •e.~ire e P~hiie MeariftS prie• ~e ~he itftal app•eYal e• eisepp•eyal ei ~he p•epeeee PlaftfteS QeyelepaeftlT (c) WITHIN THIRTY (30) DAYS FROM THE DATE OF THE PUBLIC HEARING, THE CITY PLANNING AND ZONING COMMISSION SHALL MAKE WRITTEN FINDINGS RECOMMENDING TO THE CITY COUNCIL THAT THE PROPOSED PLAN IS EITHER APPROVED, CONDITIONALLY APPROVED, OR DISAPPROVED. A COPY OF SAID FINDINGS SHALL BE FURNISHED TO THE APPLICANT. IF THE PLAN IS APPROVED OR CONDITIONALLY APPROVED, THE PLAN SHALL BE SENT TO CITY COUNCIL. IF THE PLAN IS DISAPPROVED, THE PLAN SHALL BE RETURNED TO THE APPLICANT TOGETHER WITH THE FINDINGS SETTING FORTH THE REASON FOR DIS- APPROVAL. THE APPLICANT MAY MAKE THE NECESSARY REVISION AND RESUBMIT TO THE CITY PLANNING COMMISSION, OR THE DECISION OF THE CITY PLANNING COHHISSION MAY BE APPEALED TO THE CITY COUNCIL BY THE APPLICANT. A SECOND PUBLIC HEARING SHALL NOT BE REQUIRED BY THE CITY PLANNING COMMISSION ON THE REVISIONS. TilE CITY COUNCIL AT ITS DISCRETION MAY REQUIRE A PUBLIC IIEARINC PRIOR TO CONSIDERATION OF THE PROPOSED PLANNED DEVELOPMENT. SUCH HEARING SHALL BE SCHEDULED IN A TIMELY HANNER. Within thirty (30) days following the CITY COUNCIL'S public hearing, if held, or within thirty (30) days following receipt of the Planning • I • • • • • • • • • 6 Commission recommendation, if no hearing is held, the City Council shall make findings either approving, conditionally approving, or disapproving the proposed plan. A copy of said findings shall be furnished to the applicant. IF THE CITY COUNCIL FINDS THAT A PLAN IS DISAPPROVED, THE APPLICANT SHALL BE GIVEN THE REASONS FOR THE DISAPPROVAL. THE APPLICANT MAY MAKE ANY NECESSARY CORRECTIONS AND RESUHBIT THE CORRECTED PLAN. (d) ~i THE approved ei~e-piafta-•er-Piaftfte~ Development PLAN including modifications or conditions, shall be endorsed by the Chairman of the City Planning and Zoning Commission AND THE MAYOR and shall be recorded in the Office of the Arapahoe County Clerk and Recorder. (e) Any person applying to the courts for a review of any decisio n made under the terms of this Chapter shall DO SO apply-fer-review within thirty (30) days ••~er OF the date of THE decision and shall be required to pay the cost of preparing a transcript of proceedings and the application for review shall be in the nature of certiorari under Rule 10~ (a) (4) of the Colorado Rules of Civil Procedure. Section 16.4--6. Standards Before approving a Planned Development, the approving agency shall aake vritten findings that the Planned Development will implement the purposes of this Ordinance and of this Chapter, and, in addition, .eet the following requirements: (a) ~ Peraitted. The ~••• USE in the Planned Development must be llperai~~4-ay-rish~u A PERMITT ED PRINCIPAL USE IN THE ZONE DISTRICT IN WHICH THE PLANNED DEVE.'LOPHENT IS LOCATED OR A USE PERMITTED PURSUANT TO OTHER PROVISIONS OF THIS ORDINANC E INCLUDING ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS.or-epp~-ae-llperai~ee4-~y-epeeiai-reviewll-ia-~a leRe-Bie~rie~-ift-whieh-~-Pi8ftRe4-9eve~,_eft~-ie-leea~e4T (b) The Planned Develop.ent is consistent with the intent of the Comprehensive Plan and the policies therein • • I • - • • • • • • • , . • 7 (c) The Planned Development's relationship to its surrounding shall be considered in order to avoid adverse effects to the existing and possible future development caused by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy. (d) Minimum requirements for usable open space will be met through the overall design and amenities proposed for the development. Private park and/or recreational areas, owned in common, may be considered to meet the aint.ua usable open apace requirements if ehe-se.aieeiea IT IS eeeeratftee DETERMINED ~hat such areas will meet the following requirements: (1) The area will be of sufficient size to adequately serve the entire development for which it is designed. (2) The area is accessible and available to all of the occupants e~-4welliftS~fttee for whose use it is intended • (3) The area will-~-.ae4-ea4-ie SHALL BE suitable AND SHALL BE USED for eeeaieT landscaping, AND recreational er-ali-e~-ehe a~e~eieae4 purposes. (e) The nu.ber of off-street parking spaces in the proposed develop- ment shall not be leas than the requirements of Section of this Ordinance, provided, however, that the CITY COUNCIL MAY, UPON THE RECOHHENDA- TION OF THE Planning and Zoning Commission, aay waive up to and including twenty-five (25) percent of said requirements in any eeae4 ZONE district, if one or more of the following factors are found to exist: (1) The probable number of automobiles owned or used by occupants of AND VISITORSTO the proposed development will be leas than typically found in similar developments • (2) The parking needs of non-residential uses will lessen the overall parking needs of the develop.ant • • I • - - 8 • • • • (3) Varying time pe riod s of usage by mixed uses i n the dev elop - ment will lessen over all park ing requirements. (4 ) The property owner s will p a r ticipa t e in a mandatery park ing district which will adequately meet the off-s treet parking needs of the developme n t . (f) ~ Plenni.a· Th< e pp<oving egon•Y AG ENCIES •h all b< ,.<ie fi<d <he< the site plan for the Planned oevelopmen t me ets all o f the f ollowing require•nts: (1 ) Vhe-P~aftfte4-&eyele~.eftE-~a t -~e-~\a ftft e 4-~ft-relat~eft&ft~p-te tfte-sarroand~ns-areeT-en4-.-et-&e-ien4eeepe4~--in-e44~t~eftT tfte-e~e-psen_..ee-eentain-e-a§-ieee-e•iier-etrip-••-••Y prepeee4-4e¥eiBP••t-wftieft-wi\\-inei•4e-.-ittpie-ta~sy-er nen-re~neia\-e-i\4tnse-er-etr-et-ree-wftteft -te-a4;aeent ee-a-aiftsse-taa*iy-reei4enttel--ee-4ietriet~--;he-e-tier etrtp-8ft•~~-ee-•epe -tree-ei-e-t\4tnse-er-etr-et•ree-•n4-wMBt 8e-~aft4ee8pe4T-eereeft84T-ar-preteete4-ey-nee-ras-ieat•reey ae-ehat__... ... -etiee .. -••---•re•e4*•1-•••••-... __._... ... ~ lF 'l'B! pltOpOS!D D!V!LO PKEN 'I U ICLU D!S MU L'IlPLE FAMILY Oil NONilESIDEN'IlAL BUILDINGS Oll S'I RUC'IU ilES AND I 'I IS ADJACEN'I '1'0 A SI NGL E-F AMILY RESIDEN'IlAL USE DI S'IR IC'I , 'Il\E DEVELOPMEN'I MU S'I CON'IAIN A BUFFER . IN ORDER 'IO MI NIMIZE ANY ADVERSE EFFEC'IS ON THE ADJACEN'I SINGLE-FAMILY AREA, THE BUFFER SHALL BE A TWENTY-FIVE (25 ) FOO'I LANDSCAPED AREA OR AN OP AQUE SIX FOO'I (6') DE CORA'IIVE FENC E . (2) Within the Planned Development, epaet nS SUFFICIEN'I SP ACE .ust be provided between buildings and structures, givin g consideration to their intended use, their location, design and height, the placement and extent of facing window areas, and the topographY and such other natural features as will assure privacy and a pleasant environ88nt ; • I • • 9 ( • • • • (3) If the area of the development is such that an internal street circulation system is necessary, such system shall be designed for the type of traffic THAT WILL ee be generated, and all curbs at entrances and other access points shall have ramps to facilitate access for THE HANDICAPPED AND FOR bicycles. afte-hafteieappe8T All Planned Developments must have access to public streets. Private, internal streets may be permitted if they eaa-&e-veee-&y-peliee-aae-•i.e eepare.ene-.ehielee-•er-e.erseney-p~rpeeee COMPLY WITH CITY STANDARDS. (4) Bicycle and pedestrian trails are to be provided where the city bicycle and/or trail plan or the Regional Bicycle Transportation Plan shows such trail or trail corridor. Trail or walkway systems or lanes are to be provided, Where feasible, to schools, shopping areas, p~rks, greenbelts and other facilities as necessary. Trail systems and walkways through open space areas are encouraged as an alternate to pedestrian sidewalk requireaents and may be used upon approval by the City providing the following criteria are aet: (a) The system provides at least the same level of service as would the applicable sidewalk requirement. (b) Easeaents or open ways are plotted and dedicated to the system. (c) Trails or walkways are either paved, treated or constructed from selected material to provide a suitable all-weather surface that is easily maintained. The type of construction shall be compatible wiht the anticipated use. (d) A perpetual association or corporation or other suitable aeans is established for maintenance • • I • ( ( 10 • • • (e) Pedestrian walkways and bicycle trails are not combined. (f) Where the area considered for Planned Development is less than 5 acres, bicycle trails are not required. (5) The site plan shall provide for the maximum preservation of natural drainage areas, vegetation and other desirable natural features. Section 16·4--7. Develop.ent in Stages The approving agetu~y AGENCIES may authorize the implementation of the development plan in stages. However, AT THE TIME OF CONSTRUCTION OF THE FIRST STAGE fer-eeeh-~eher~ee4-etese of planned development, any private or public perk-eree-ee-&e-eeft.eye4T-4e4~eere4T-er-reserve4T RECREATIONAL FACILITIES REQUIRED BY THE DEVELOPMENT PLAN shall be ef-s~ft~eieftt-eiee CONSTRUCTED to serve the dwelling unit density fer-ehee-seese-er-et-s~ttieieftt-s~ee-ee-serve ehe-eweiiiftS~ftit-4efts~ey for the entire development. lt-ehe-esftveysfteeT .__.eeeisft-er-reeerveeieft-et-ehe-p~ei~e-sr-pr~veee-perk-sree-~s-ee•s•4T •~eh-psrk-eree-sheli-._-~ee•-ift-ehee-pere-et-ehe-Plsftfte4-Be~.,.aae ~fte~-~ft-ehee-eeeseT-sr-eteewhere-~ft-ehe-Pleftee4-Beveisp .. Rt-et-e-ieeeeieft eeeese~eie-te-the-4welliftS~ft~t-te-ee-previ4e4-ift-thet-stegeT Section 1~· Chana,es in the Development Plan Except as provided hereafter, no changes may be made in the approved Planned Development during its implementation: (a) Minor changes in the location, sett~ftST-he~sht-er-ehererer of buildings and structures may be authorized by the Director of Community Develop.ent if required by enaineering or other circumstances not foreseen at the ti.e the develop .. nt program was approved. No change authorized by the Director of Co.-unity Development under this Section may increase the s~ee DENSITY of afty-~~~4~fts-er-str~e~re-ey-.. re-ehsft-fi.e-~§~-pereeftt THE DEVELOPMENT, nor change the location of any building or structure by .are than I • • - • ( • • • • 11 *eft-ti&+-ieee-~n-eay-4~reeeieftt IS NECESSARY TO CORRECT THE ENGINEERING OR RELATED PROBLEMS; and provided that the Director of Community Development may not approve the relocation of any building or structure so that the building or structure ia closer to any aide or front property line than was approved on the Develop~nt Plan. (b) All other changes in the Planned Development Plan, including changes in the site plan and in the development schedule, must be aade under the procedures that are applicable to the initial approval of a Planned Development. Section 16.4--9. Mfttlttl-ReY~w REVIEW FOR CONFORMANCE lte-leeee-eaee-e.ery-ewelve-tlit--aetteT The Department of Co.-unity DevelopEnt shall review all building peraits which have been issued for the Planned Develop .. nt and shall ex..tne the construction which baa taken place on the site TO INSURE CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN. fhe-&ireeeer-ef Ga ... aiey-Bevelep.efte-ehell-.e~-a-repere-ei-aay-viele•lewe et-ette-previeiefte-ef-ehie 6hepeer-er-et-~ ... -•B4-eBR4i•iewe-et-•he Beve~~--•pprevel-M-Hia-Pleaaiq~~-H4-•h• lila.-6Hiea ehell-hel•-e-heerifts---.he-.epere-ef-viel-e_..H-e.-.• .. •-llly-.._-H...._., hevi~t~-f .. ee-stvea-w.i• .. a-ae•lee-*•-*he-Plaftfta4-Bevelep .. ~-•PPiieea•-aB4 ell-...ere-et-.-..•lftl-prepe•*YT--Wpea-reviaw-ef-ehe-ellese•-viela•l .. a., ehe-G ... ieeieft-.. JT-if-ie-4ee .. -aeeeeeeryT-••~•l••-•h•e-eppreprie*•-•••iltft llle-•aaltft-.. -...e4y-ehe-viele .. eweT--If-a•eh-ae•laa-ie-ae•-••kea-llly-•he eppli ... .-wlettia-ett .. •y-tiGt-4eyeT-••-lt-•he-ee..ieeie•-.. •• ..... •-.._•-*• le-H......,-•• -...a.-er-.e4ify-•he-Bevelep .. ft•-Pi .. T-... _..._.eelH-.ey _..,__...,_ .. _..,.... •he epprMai-et-... -Beve~•-P"--ai• ... -w•6 .... UIMiftle *"-refeh IF THE CONSTRUCTION IS NOT IN CONPOIIMANCE WITH THE APPIWVED D!VELOPMDIT PLAN, A STOP WOU OlDER SHALL BE PLACED ON ALL CONSTRUCTIOII UNTIL SUCH TIME AS THE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONPOIUWICE WITH Til! APPaOVED DEVELOPMENT PLAN WITHIN THIRTY (30) DAYS, • I • • • • • l l ~ THE DEPARTMENT SHALL REPORT THE VIOLATION AND THE TERMS AND CONDITIONS OF THE APPROVED DEVELOPMENT PLAN TO THE PLANNING COMMISSION. THE COMMISSION SHALL GIVE WRITTEN NOTICE TO THE PLANNED DEVELOPMENT APPLICANT AND ALL THE OWNERS ABUTTING THE PLANNED DEVELOPMENT AND SHALL HOLD A PUBLIC HEARING ON THE REPORT OF VIOLATIONS SUBMITTED BY THE DEPARTMENT. UPON REVIEW OF THE ALLEGED VIOLATIONS, THE COMMISSION HAY, IF IT DEEMS NECESSARY, REQUIRE THAT APPROPRIATE ACTION BE TAKEN TO REMEDY THE VIOLATIONS. THE COMMISSION HAY APPROVE SUCH AMENDMENTS AND MODIFY THE APPllOVED DEVELOPMENT PLAN. IP THE AMENDMENTS OR MODIFICATIONS ARE NOT APPROVED, THE APPLICANT SHALL BRING THE PROJECT INTO CONFORMANCE, OR THE COMMISSION SHALL REVOKE THE APPROVAL OF THE PLANNED DEVELOPMENT GIVING WRITTEN FINDING THEREFOR. ( • SECTION 16.4--10. ANNUAL REVIEW IF AP PLICATION FOR BUILDING PERMITS HAS NOT BEEN HADE WITHIN TWO (2) YEARS OF PLANNED DEVELOPMENT APPROVAL, THE APPLICANT SHALL BE NOTIFIED IN WRITING AND REQUESTED TO GIVE CAUSE WHY THE PLANNED DEVELOPMENT APPROVAL SHALL NOT BE WITHDllAWN BY THE CITY PLANNING COMMISSION. IF THE ,OWNER DOES NOT RESPOND WITHIN SIXTY (60) DAYS, THE CITY PLANNING COMMISSION HAY WITHDRAW THE PLANNED DEVELOPMENT APPROVAL, THE APPROVED DEVELOPMENT PLAN SHALL BE DECLARED NULL AND VOID BY THE PLANNING COMMISSION AND WRITTEN NOTICE SHALL BE GIVEN TO THE PROPERTY OWNER. ANY SUBSEQUENT PLANNED DEVELOP- KENT SHALL COMPLY WITH THE PROCRDURE SET FORTH ABOVE. Section 16.4 i9T 11. Completion of the Planned Development Upon the completion of the Planned Develop.ent, the Director of Comaunity Develop.ent shall issue a certificate for the Planned Develop.ent certifying the co~letion and shall note the issuance of the certificate on an office copy of the official Zoning Map and on the Site Plan. After co~letion, the use of land and the construction, .adification, or alteration of any buildings within the Planned Development vill be aoverned by the approved Develop .. nt Plan • • I • • ( • • • • 13 Section 16.4 llT 12. Fee The City Council aay establish a fee schedule for Planned Development applications to cover the costs of processing and review. Section 16.4 liT 13. Approving yency As used in this Chapter, "Approving Agency" shall mean the City PlftftftiftB aae-ieftiaa-6a.aieeiea COUNCIL ACTING AFTER HAVING REVIEWED THE RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. ~~ .b¥ ~~.Mo. U, ~·of 1.8~l~~ ~ a•ada~ lty 01;4&~ Me. J.iT lie",._ e£ J.NJ.~ DEFINITION OF DENSITY AVERAGING. DENSITY AVERAGING IS THAT PROCESS UNDER WHICH C<HtON OPEN SPACE IS PRESERVED OR LOWER DENSITY IS PROVIDED IN ONE AREA OF A PLANNED DEVELOPMENT AND EXCHANGED FOR INCREASED DENSITIES IN ANOTHER AREA OF THE SAME PLANNED DEVELOPMENT. NOTE: ln order to bring the Co~rehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assi&ned to the a11e11daents bein& -de to the Ordinance. This replaces "Title 22" of the 1962 En&lewood Municipal Code. • I . ( ( • a oo ca {)~ClCr 0006 OOOCl • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES &. OVER &. UNDER ONE OWNERSHIP USING DENSITY AVERAGING 01/ERALL DENSITY -I ,000 DWELLING UNITS ,C) -5 ACRE-"PARC•L-: DEI/ei..CPE.D AT A "t:>E..NS llY OF I ~5-I..LIM~ UNIT~ "Pe.R Al!.RE :. !35 DINf..LI..ING UNIT~ 1-..L''/trW t<;.5 DW~LLING lJNIT':S. 12E.~Illlt=D 00 -5 ACRE. "Pb.l<:CEL: ~VELDP&D AT A 't>E."·I."~IT~I OF I{ 'D~E.LLINC::. UNIT~ 'f>ER A.eP::E "" /0 D'NE:.L.LING. l)NI~ LEAVti'IG 1~0 DW EL.LIHG UNI"T'~ RE~ki/E C 000 oouo -15 AC.R.E.. "P .... 'RC.E.L : DE.>IELOP'E-0 ..._T A o~rr( OF' 40 '?'NELL IK6 l)NIT"!> Pe..lt.. AC~ ~ (pOO 't)WE'!.LL.INC, UNl~ PLU~ Z'15" DINe...LL.I"C> UNI"r!::l RE~E.,NE.D F~ Tlo\E. 2. '1'11/f. ACil.e. "POitT'ION~ ~>F Tl+f.. :=,tT l TOTAL-Of' f!f\5 :DW~Wt'U~ UNI~ At.L.ll'NE.P DEl/ELOPED UNDER R-3 ZONING t. 5 ACIIla PA~c..e.L ~H~ITY : ""l 0 DNI!.L.Lit-IG VN IT Pl!..~ ,6..CR:E.. IF OEIJe:LO'P£.0 C...OUL..D ~"£ lpoo DWE.I..L-ft-JG UN I~. • I . ( ( • • • • Section 2. The prov1s1ons of Chapter 22, the Comprehensive zoning Ordinance of 1963, Ordinance No. 26, Series of 1963, are incorporated by reference into Title XVI of the Englewood Municipal Code of 1963, as anenjed, as though set forth in full. Section 3. Sections 22.4-6, 22.4-10, 22.4-ll, 22.4A, and 22.4C of Chapter 22, Ordinance No. 26, Series of 1963, are hereby repealed. Section 4. ordmance: The following legal provisions shall apply to this A. separability Clause. If any article, section, subsection, sentence, clause or (i'lrase 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 Englewood hereby declares that it would have (i'lrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses and phrases be declared unconstitutional. B. Scope. 'n'lis Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way linpair 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. Violatioo and Penalty. Any person, 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, raised, or converted or land or premises used in violation of any provisions of this Ordinance, or any arnerrlnent hereto, is hereby declared to be a catmon nuisance and such coomon nuisance may be abated in such manner as nuisances are now or may hereafter be abated. o. Necessity. The City Council hereby finds, determines, and declares that this Ordinance is necessary for the inmediate preservation of the p1blic peace, health, safety and convenience. -·------------------------------------ • I • • - I I I ~ I ( • • • section 5. In the opinion of the City Council, an anergency exists. Therefore, this Ordinance shall take effect and be in force fran and after its final passage and publication. The anergency is that the current ordinances of the City of ~lewood do not address land use · issues necessary for the proper develop- ment of the City. This ordinance shall address those deficiencies. Introduced, read in full, and passed on first reading on the 16th day of ~il, 1984. PUblished as a Bill for an Ordinance on the 18th day of ~il, 1984. Attest: &lgene L. otlS, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ~lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of ~il, 1984. Gary R. Hlgbee --.. .. --~·--· -·-------·---· ·--····-____ ..._ __ .... _......----··-·--··-------· .~--~--~--~--~----~- I • • ( • RESOWTIOO ro._Lff__ SERIES CF 1984 • • • 1 r:" A RESOLUTION ADOPl'It¥:i FINDINGS CF FACT, rotCLUSIOOS, AND OEX::ISIOO OF 'ntE CITY CXXJOCIL CF 'ntE CITY CF FN;L~OOO, O)LQRAOO, IN CASE N:>. 13-84 , 'ntE BROAI:MA Y OEW..OPHENI' PLAN. WHEREAS, case No. 13-84 came before the City Council of the City of Englewood on April 9, 1984 for hearing on a planned development under the Comprehensive Zoning Ordinance of the City of Englewood; tllW, 'ntEREFORE, BE IT RESOLVED BY 'ntE CITY CXXJOCIL OF 'ntE CITY CF ENCL&«XJD, COLORADO, AS FOu.c:MS: CITY COUNCIL FINDS: 1. 'lhat the application is concerned with an area on the east side of the 5200 Block of South Broadway, legally described as found on EXhibit A hereto. 2. 'lhat the area with lohich the application is concerned is to be developed by Kal zeff, the owner thereof. 3. 'lhat '!be Broadway Development Plan was originally filed with the Department of carmunity Development on the 19th day of January, 1984. 4. 'lhat the objective of the filing of this application is for the approval of a planned developnent to construct townhouses and multi-family units thereon in accordance with a site plan dated January 17, 1984. 5. 'lhat the units will vary in size and make-up. '!be total ntm'ber of units is 290. 'ftlirty townhouse units will be with walk- out basements, 72 townhouse units will be with one-car attached garages, 20 townhouse units will be with tW~>-car attached garages. 'lbere will also be two four-plexes developed on the eastern edge of the site. 6. 'lhat a total of 573 off-street parking spaces are provided averaging 1.98 spaces per unit. 7. 'lhat the City of Englewood Planning and Zoning carmission, on the 22nd day of February, 1984, reviewed the development plan submitted January 17, 1984 and favorably approved said plan. Said recannendation has been forwarded to Council and received by the City Council of the City of Englewood. 8. 'lhat the findings of the Planning and Zoning Cannission in case No. 13-84 were reviewed by City Council. -·----·------... • I • • - ( • • • - 9. That at the hearing held oo April 9, 1984, the developer presented an amended plan with a revision date of February 27, 1984, and City Council has reviewed both the original plan of January 17, 1984 and the revi~ed plan of February 27, 1984. CON:LUSIONS: 1. That the application for The Broadway Developnent Plan located in the City of Englewood, County of Arapahoe, State of Colorado, as amended and revised February 27, 1984 to include two four-plexes, is appropriate to protect the integrity of the neigh- borhood. 2. That the City Council of the City of Englewood concludes that the developnent is in conformance with the objectives set forth in 22.4A of the Planned Development District of the City of nlglewood. 3. That usable open space and landscape areas have been incorporated into the overall design and are sufficient to serve the n\Jiber of units being constructed and will be accessible to all occupants of the dwellir¥1 units. 4. The amount of off-street parking to be provided complies with the requirements of the Canprehensive ZOning Ordinance of the City of Englewood, State of Colorado. 5. The within planned development, known as The Bl:oadway Developnent Plan, has been designed in such a manner to ensure privacy and pleasant environnent for the occupants thereof and those of the adjoinir¥1 properties. 6. That the proposed planned developnent has access to a public street, that is, South Broadway, in the City of Englewood, Colorado. 7. That the recatmendations of the Planning and ZOning Camtission in Case No. 13-84, Exhibit B hereto, are hereby approved and adopted by the City Council, except that the City Council adopts the revision of February 27, 1984 to the plan. 'DiE CITY OXJNCIL <F 'DiE CITY <F ENGLFINOOO HEREBY DEX::IDES AS FO~: It is hereby decided that the City Council adopt the foregoir¥1 findir¥1s and conclusions of the Englewood Plannir¥1 and ZOning COmmission in Case No. 13-84 upon said application for The Broadway Developnent Plan as ~ by revised plan of February 27, 1984, located in the City of nlglewood, County of Arapahoe, State of Colorado, and approval thereof is hereby granted. 2 ·-....... _. ·····-·---_._ ........ _ .. -.. ... -. --··----·-------------··--J • I • • • • • ADOPTED AND APPR:>VID this __ day of-----' 1984. Attest: Eugene L. ot1s, Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete copy of Resolution No. __ , Series of 1984. Gary R. Higbee 3 I • • • • • • A PARr OF TEE NJRTHE'AST OOE-QJARTER (NF.\) <F SFCTIOO 15, 'IG.'tlSHIP 5 Sa.JTH, lW'a 68 WE...<;T OF THE SIX'n'. PRJN:IPAL MERIDIAN, Cl'IY OF El'm...EWXD, roJNl'Y OF ARAPAHOE, STATE OF COWRAOO, IDRE PARriClJUIRLY DESCRIBED AS ~: CCt~HENCING AT THE S<Ul'P\-JEST CORNER OF SAID NORrnFAST CORNER; 'lPEN:f N 89° 40' 00" E AI.£N; THE' saJ'l1i LINE OF SAID NORTHEAST CNE-QJARTER (NEI.z ) AND AL(N; THF SOOTH LINE OF BURl' SUBDIVISICN, A DISTAN:E OF 1220.31 FEET 'ro 'mE TRUE POINT OF BFG INN JN:;; 'll!ENCE ~ WE NOR'lliFASTERLY BCXJNDARY OF SAID BURl' SUBDIVISICN THE F'OI..Ia'llx; FCXJR ( 4) C00RSE": 1) THEN:E N 00° 20' 00" W, A DISTANCE OF 314.20 FEET; 2) THENCE N 49° 38' 16" \<1, A DISTANCE OF 388.57 FEET; 3) THEN:E N 70° 07' 47" W, A DISTANCE CF 239.32 FEET 'ro A POINT OF ClJRVA'lURE; 4 ) 'I'HFN:E ALCN; 'lliE Ale OF A CURVE 'ro TPE RIGP-'1' p..,avm:; A CENl'RAL ~ OF 34° 53' 35" AND A RADIDS CF 600.00 FEET, AN Ale DISTANCE CF 365.41 FEET 'ro THE NOR'lliFAS'mRLY CORNER OF SAID ElJRT SUBDIVISICJ-l; ~ <XNI'm.JIN3 AI.CN> THE Ale CF A aJRilE 'ro THE RIGHT HAVIN; A CENl'AAL AN:iLE CF 03 54' 16" AID A RADIDS CF 600.00 FEET, AN Ale DISTANCE CF 40.88 FEET 'ro A POINT<F ~; 'IHEN:E N 31 19' 56" W AI.CN> SAID~. A DIS'mN:E OF 247.56 FEET; '1mN:E N 75° 00' 00" W, A DISTANCE CF 217.43 FEET 'ro A POINT 00 THE EASl' RIGHl'-<F-WAO LINE CF SO..."ll-1 ~lAY; 'lllEN:E N 00 00' 00" E AL(N; SAID EASl' RIGH'l'-CF-WAY LINE, A DISTAta CF 306.43 FEET; J' THENCE N 90° oo·• 00" E, A DISTANCE CF 10.00 FEET; THENCE S 00° 00' 00" W, A DISTANCE OF 116.21 FEET; '1mN:E S 58° 10' 00" E, A DISTANCE CF 91.78 FEET; THENCE S 75° 00' 00" E, A DISTANCE CF 233.87 FEET; THENCE S 31° 19' 56" E, A DISTANCE CF 3U.37 FEET 'ro A POINT CF aJRilA'IURE; ~ AI.CN> THE Ale CF A ClJRIJE 'ro THE LFFT HAVIN3 A CENl'AAL AN:iLE CF 06 42' 08"0~1!> A RADIDS <F 440.00 FEET, AN Ale DISTANCE CF 51.47 FEFI'; '1mN:E N 34 26' 27" E, A DISTANCE CF 553.02 FEm' 'ro A POINT 00 THE &Vl'HERLY IOJNDARY <F BIO)I(RIDGE llEIGHI'S; THENCE S 40° 3B' 00" E AL(N; SAID saJl'HERLY lnlmARY CF ~!!EIGHTS, A DISTANCE <F 210.45 FEET; 'lHEN::E S 60° 59' 00" E .AI.<N; SAID saJl'HERLY BC:l.Nli\RY CF IR:OI<RIIXiE HEIGHTS, A DISTANCE CF 10.28 FEET 'ro THE NORrnWEST CORNER CF A TRACT CF l.AN) DESCRIBED IN EOOJ< 3 431 AT PAGE 451 CF THE RB:X>RDS CF THE CLERK AND RfXX)R[)ER CF ARAPAHOE ro.JNI'Y; THENCE S 29° 01' 00" W AL(N; THE IOJNDARY CF SAID TRACT DESCRIBED IN E00J< 3431 AT PAGE 4 50, A DISTANCE OF 2 08.52 FEET ; 'lHElG S 60 59' 00" E AI.CN> 'mE IOJNDARY CF SAID TRACT DESCRIBED IN EOOJ< 34 31 AT PAGE 451 , A DISTANCE CF 297 • 84 FEET 'ro A POINT 00 THE WESTERLY IOJND1\RY CF A TRACT DESCRIBED IN !OJK 1268 AT PAGE 4 7 9 CF THE RIXl)ROS CF THF CLERK AND REO::.R>ER CF ARAPAHOE CXl.JN1'Y; THENCE .AI.<N; THE saJl'HERLY IO.JNDARY OF SAID TRACT DESCRIBED IN !OJK 1 2 68 AT PAGE 479 'mE :::U~ FOOR COORSES : 1) THEN:E S 0 3 41 ' 4 0 " E , A DISTANCE CF 127 .6 0 FEET; 2) THENCE S 55° 1 4' 00" E, A DISTANCE CF 9 8 9.15 FEET; 3) THENCE N 90° 0 0 ' 00" E , A DISTANCE OF 7 9 .3 7 FEET; 4 ) THENCE S 89° 5 0' 00" ,E , A DISTANCE CF 72 .0 0 FEET. 'ro A POINT 00 THE WESTERLY JOJNDAR¥> CF HILL'roP .ACRES SEro'ID FILIN3; THENCE S 00 1 0' 00" W Al..(N; SAID WESTERLY IOJNDARY CF HILLTOP 1\CRFS SECCND FILIN3 A DISTANCE <F 206 .95 FEET 'ro A POINT 00 THE SClJl'H LINE CF THE NO~ CNE-QJAR'ITR (~) CF SECTIOO 15 , 'IO·INSP.IP 5 SCUI'P., RNliE 68 \•IFST; THENCE S 8 9 4 0' 00" W .AI.<N; THE OCU'nl LINE CF SAID NORTHFAST CNE-Q,JJI..RTER (~), A DISTANCE CF 925.00 FEm' 'ro TEF TRUE POINT CF BEXiiNN IN3 ; CCNrAININ3 20.327 ICRES , KJRE CR LESS • I • • • • • • • CI'rY PLANNING AND ZONING COMMISSION ENGLEWOOD, 'COLORADO IN THE MATTER OF CASE NO. 13-84 } FINDINGS OF FACT, CONCLUSIONS, AND } RECOMMENDATIONS RELATING TO THE } APPLICATION OF HR. KAL ZEFF FOR } APPROVAL OF A DEVEL0l'HEN1' l'LAN ) AS PROVIDED IN I22.4A, PLANNED ) DEVELOPMENT DISTRICT, OF THE } COMPREHENSIVE ZONING ORDINANCE } OF THE CITY OF ENGLEWOOD, } COLORADO. } lll'uhl:l.c Hearing was held on Fchruury 22, 1981,, i.n •·unn e <·t i u n with Case. No. 13-84 in the City Council Chambers in the Englewood t:lty Hall. The following members were present: Hr. Barbre, Hr. Tanguma, Mr. Carson, Mr. Magnuson, Hr. McBrayer, Mr. Stoel, Mrs. Uecker and 'Mr. Venard. Mr . Allen was absent. Up on r e view of the evidence taken 'l.n t he f orm or tes t i 111u ny, fi r<·!.<·fl l.i!t Lo ns , report s , and filed docu111cnts, th e G lLy I' L.1nn .l ng 11 nd Zu11ing Couuu ls sion makes the following Findings of l'a c t: ~'INDINGS OF l'AC'l' 1. That notice of the Public Hearing held on February 22, 1984 waa given 1n the Englewood Sentinel, the official City newapaper; on February 1, 1984, 2. That the property was posted for not less tl~n 15 day11 prior to the Public Hearing. 3. That the application is concerned with an area east of the 5200 block of South Broadway and south of East Centennial Avenue, also formerly known as the ''Pasternak Property", and identified as P.P.I . Number 2077 15 1 00 022, 020, and 005 in the records of the Ar ap ahoe County Assessor. 4 . That the property has been zoned for High Density Real- danae use since 1964, and that the High Density Residence District per- mits a density of 40 dwelling units per ucre with a density bonus to 70 dwelling units per acre, baaed on area assemblage. 5. That the area with which tho application is concerned ill owned by Mr. Kal Zeff, 950 South Cherry Street, Suite 1100, Denver, Colorado, 80231, and to be developed .by COM Construction Co,, Inc., 950 South Cherry Street, Suite 1110, Denver, Colorado 80231. 6. That the application for approval of a Developmant Plan for the above deacribed property vaa filed with the Department of Com- munity ncvelopaent on January 19, 1984, • I • - - • ' • • • -2- 7. That the objective of Mr. Kal Zeff in filing an'.:.ppllc<Jt.i.uu for the approval of a Planned Development, is to construct 160 condominium units and 130 townhouse units, which ·units at some future time wlll be sold individually. 8. That the one-bedroom units will range in size from 668 square feet to 882 square feet, and the two bedroom units will rnngc in size from 876 square feet to 1408 square feet. 9. That the density of the proposed I' lanned l>evclupmcnt l:; 14.27 units per acre, with 58% of the total lot area, including the Big Dry Creek easement, as open space .:.nd 46% of t:loe tut.:.l lut an!u landscaped. 25 feet, 10. That all buildinaa wUl be set back from the property line 11. That a written statement and all other pertinent information wus submitted with and attached to the applicutJ.on as re<l'olred In §22,/o/\-loh of the Comprehensive Zoning Ordinance, setting forth that: a. The long ranae objectives of the proposed Planned Development are to target tht' development to both first and second-time home buyers, uesigncd to pro- mote a community feeling in u pos.i.tive anu pleasant environment. b. 1\ site plan, landscape plan, and elevations have been provldcd which ·jlive a graphic lutccpcct.:.L iuu uf Lloc• aforementioned objectivea. c. Conatruction will beain after approval of the Planned Development by the City Council, with conatruction to commence in May 1984 and projected completion within two years of construction beginning. 12. That a pre-application conference was held between repre- sentatives of the applicant, staff members of several departments of the City of Englewood, and representative& of adjacent juriadictions to con- sider the preliminary plans .and aa a result of that conference, revisions were made to the preliminary plan which are reflected on the plan submitted at the February 22, 1984 meetin& of the Planning and Zoning Commission, 13. That upon review of the proposed Development Plan by various City department&, adjacent aunicipalitiea and other public agenciea, the following comment& have been received: Code Adainiatration. a. The General Plan deaip ia acceptable in te1'118 of apace needed for ... raency vehicle acceaa into and through the property. It is possible that ea.e areas of the drive lanea •Y need to be posted as "Fire Lanes," b, The proposed desian of the water system for fire pi'Otection purposM *1st be sub•ittocl on bluoau:-inta ud appi'Oved prior to panit issuance for buildin& conwt'ruction. • • I • - • • ' • • • -3- c. 'rho water system for this property muat be •It ·~; lgn"d to supply enough wste·r to meet the required fire flow calculations (ISO) for the 'largest, moat severely exposed structure in the development, and must provide an adequate number of on-site fire hydrants as determined by the Fire Chief. (Section 10-30l(c), 1982 Uniform Fire Code,) d. All fire hydrants and access roads must be usable immediately prior to and during any conatruction involving combustible material. (Section 10-301 (d) 1982 Uniform Pire Code.) Enaineerina Services: a. All streets must be constructed to City specifications. I' ire: See Code Administration comments. Public Works: a, An acceleration lane may be neces s ary at Broadway. Traffic: a. Will access be pcovided at Sunset l.ane'l (Staff COIIIDient: 'l'hllre will be uo acc c w; to S u"'"'' Lane,) b, Bridae located on Broadway south of access road should be widened. (Staff co .. ent: The developer is workin& with the Highway Depart•ent and has agreed to widen the bridge.) c. Adequate acceleration/deceleration lanes should be provided for all directions of entering or exiting traffic, includin& west-bound lefts to go south. This should be provided with Broadway havina six through l&nea, d , If accidents become a problem, then a "lli&ht Tum Only" uy be required at the egress point , Utilities: a. No co .. ents at this time other than developer will have to ... t utility departa~t raquireaente as property ia developed. Arapahoe County: No comaenta received. Greenwood Villaae: a. The ~ percent on-site open apace ia ca.aendable ; • • I • - I • • • • • -4- however, not very well organized. There ar C', no open space areas large enough to conduct or attract any outdoor activities: This lack or organization will cause a demand on other adjacent recreational facllitlc><. b. Multi-family complexes of this size and dimension arc generally downgraded in their quality by the interm:Ltt(•nt parking and storage of recTeation vehicles. 'l'here :;houl u be either a prohibition againllt storaBe uf r ecreation vehicles, or an area set aside specifically for that use witld.n the l'lan. If there :lH tu bu a stura~c an'" defined on the Plan, please organize its locution away from adjacent City boundaries. c. A number of the buildings are designed to accommodate garages. The circulation system will be kept much freer of unattended parked vehicles H the garage entrances also have driveways. Littleton: a. Location of the 100-year floodplain of Uig Dry Cre"l< on the site plan. b. That the building setback along the extreme eusterly property line be increased to fifty (SO) feet wlth ex- tensive landscape screening to prov lde adequate visual s creening of the adjacent singlc-famUy residentiul. c. '!'h at provision of an additional acceleration/decel..,L·at ion lane alona South Broadway be required. Littleton School Diatrict: a. The facilities aarvins the area are: School Euaene Field El .. entary Goddard Junior Hiah Littleton Hi&h School capacity 462 1190 1495 Enrollment 390 896 1266 b. School District participation in public uae dedication by developer: The School District uses a land dedica- tion formula in determinin& ita share of the ..ount of land donated by the developer to the City sovernaent for public uae. In thia inatance, the Diatrict's ahara would amount to .39 acrea of land, or the caah value at the time of dedication 1n lieu of land • c. Student tmpact: Baaed on the current yield of students froa dwallinas, the coaplatad subdivision would yield approximately 87 atudanta 38 eleaantary students, 25 junior hiah students, and 24 aenior hiah achool atudents. State Hiahway Dapart .. nt: a. Noiaa iapacta froa adjacent arterials .oat be mitisated by developer. • I • • .J , • • • • -5- b. A signalized intersection at the proposed cnt runce will not be permitted unless the.existing signal at Centennial is abandoned. c. The Big Dry Creek bridge will need to be widened to accommodate the acceleration/deceleration lane. Urban Drainage and Flood Control District: a. We recouunend that the proposed 100-foot drainu~c cu,;c- ment be expanded, where necessary, to include the en- tire Big Dry Creek channel to the top uf the hunk. b. The district has been involved in maintenance activities along this reach of Big Dry Creek. In order to preserve the ability to continue those activities, we would re- quest a 111aintenance access right ucro!ls the pa·Lv;.att! drives and parking lots as well as two r8lllps fro111 the top of the bank to channel bocto111. c. We would recommend that the stability and erosion potential of the very steep banks be investiKuted and, if needed, bank stabilb:ation be required. d. The 100-year flood plain limit should be shown on the development plan. The floodplain exceeds the channel limits at the south end of the property unu shuulu lw su document'ed. e. Who will have initial maintenance responsibility for the channel, the development or the City? f. The District must approve deaign plana for any flood control facilities to be constructed if the facilities are to be eligible for district maintenance assistance. Public Service Company: No comments received, Mountain Bell: a. A blanket easement will be required with exact details to be worked out at the time of development. 14. That there were no persona present who spoke in favor of t he proposed development. 15. That there were seven persona who spoke in opposition to the proposed development, those beina: Linda Pornof, David Pornof, John Campbell , Phil DuBois, Bob Howell, Josephine Ipaan, and Dr. Roy Lininger . 16. That a letter which waa read into the record of the Hearing from Richard c. Shearer also expressed opposition to the proposed develop- •ent. I • .I • • • • -6- 17. That the issues addressed by those in oppositioor to the proposed development were: a. Relationship of the proposed development to the 100- year flood plain. b. Future access to East Powers Avenue, c, Fencing of the southern property line. d. Need for Environmental Impact Stat~nent. e. Impact on traffic flow on adjacent streets. f. Practical maximum density of the proposed develop- ment, g. Sufficient water and sewer service to serve the pro- posed development. h. Decrease in density and height of the proposed de- velopment. i. Inc rease in setbacks for the proposed development. 1 CONCLUSIONS '!'h e City Plan nin~ a nd Zoning Coaunilision concludes: 1. That proper not~ce of the Public Hearing was given. 2. That no person. other than the representatives of the applicant spoke in favor of the proposed developaent. 3. That seven persons spoke in opposition to the proposed development, 4. That one letter was received in opposition to the proposed development, which letter was read into the record of the Hearing. 5, That evidence relative to the proposed Planned Develop- ment was entered into the record of the Public nearing which deaaonstrates compliance with applicable zoning regulations. RECON-tENDATIONS Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed Planned Develop- ment be approved with the followina conditione: 1. Some areas of the drive lanes .. y need to be designated as "fire lanes" as determined by the Fire Marshal. 2, The propoaed deaign of the water ayat .. for fire protection purposes must be aubaitted on blueprint• and approved prior to perait issuance for buildina ponatruction, I • • I I t : I: I I I, l I • • • • -7- 3. The water system for this property must be desi t;ncd to supply enough water to meet the required fir~ flow calculations (ISO) for the largest, most severely exposed structure fn the develop1nent and must provide an adequate number of on-site fire hydrants, as detcr- min<>d by the Fire Chief. (Section 10-301 (c), 1982 Uniform Fire CuJe.) 4. All fire hydrants and access roads must be usable immediately prior to and during any construction involving combustible materials. (Section 10-301 (d), 1982 Uniform Fire Code.) 5. All streets are to be built to City standards. 6. The South Broadway/Big Dry Creek bridge should be widened with adequate acceleration and deceleration lanes and a center stornge lane for southbound traffic exiting from site. 7. The street providing access to the site s huul.J be awuacd as per metro grid system. B. Egress from the site may be limited to right-turn only if the number of accidents increase at this intersection. 9 . The 100-foot drainage easement should be expanded, where necessa ry, to include the entire Big Dry Creek channel to the top of th e hnnk. 10 . A maintenance access right across the private drives and park i n1.1 lots as well as two ramps &rom the top of the hank to the chanaw l bottom should be provided to the Urban Drainage District. 11. The 100-year flood plain limit should be shown on the De- velopment Plan. The flood plain exceeds the channel limits at the south end of the property and should be so documented. 12. Initial maintenance responsibility for the channel must be established. 13. Urban Drainage and Flood Control must approve design plans for any flood control facilitiee to be conatructed if the facilities are to be eligible for District maintenance assistance. 14. Fencing in addition to the proposed landscaping shall be installed in the southeast portion of the proposed development. Upon the vote on a motion made by Mrs. Becker and seconded by Hr. Magnuson: Those voting in favor were: Mr. Barbre, Mrs •. Becker, Hr. Carson, Hr. Hagnuaon and Hr. Venard. Those voting in opposition were: Mr. McBrayer,-Mr. Steel, and Hr. Tanguma. Hr. Allen was absent. By Order of the City Planning and Zoning Commission. • I • • - • ' I ~ ; j . i RESOLUTION tCJ.j_fp_ SERIES OF 1984 • • - A RESOLUTION AIX>Pl'I~ FINDINGS CF FACT, <X>NCLUSIONS, AND DEX:ISION OF 'mE CITY <lXJOCIL OF 'mE CITY OF mGLEl'lOOD, a>LORAIX>, IN CASE 00. 13-84, 'mE BROAI:MAY DEVELOPMENI' PLAN. WHEREAS, case No. 13-84 came before the City Council of the City of Englewood on April 9, 1984 for hearing on a planned developnent under the canprehensive zoning Ordinance of the City of Englewood; ~' 'mEREFORE, BE IT RESOLVID BY 'mE CITY <lXJNCIL OF 'mE CITY OF DG.El'lOOD, COLORAIX>, AS FO~: CITY <lXJNCIL FINDS: 1. 'lbat the application is concerned with an area on the east side of the 5200 Block of South Broadway, legally described as found on Exhibit A hereto. 2. 'lbat the area with l<bich the application is concerned is to be developed by Kal zeff, the owner thereof. 3. 'lbat 'ftle Broadway oevelopnent Plan was originally filed with the Department of Camtuni ty Developnent on the 19th day of January, 1984. 4. 'lbat the objective of the filing of this application is for the approval of a planned developnent to construct townhouses and multi-family units thereon in accordance with a site plan dated January 17, 1984. 5. 'lbat the ~its will vary in size and malte-up. 'ftle total nlmiler of units is 290. 'ftlirty townhouse units will be with walk- out basements, 72 townhouse units will be with one-car attached garages, 20 townhouse units will be with t~ar attached garages. There will also be two four-plexes developed on the eastern edge of the site. 6. 'lbat a total of 573 off-street parking spaces are provided averag i ng 1.98 spaces per unit . 7. 'lbat the City of Englewood Planni ng and Zoning cannission, on the 22nd day of February, 1984, reviewed the development plan submitted January 17, 1984 and favorably approved said plan. Said reccmnendation has been forwarded to Council and received by the City Council of the City of Englewood. 8. That the findings of the Planning and Zoning Ccmnission in case No. 13-84 were reviewed by City Council. l:-:=. ===::::.:::--:::-::;::-==--...::.:-· --=--·-=--~-~---··-.------·--=---==-=-. • I • • , • • • • 9. '!bat at the hearing held on April 9, 1984, the developer presented an amended plan with a revision date of February 27, 1984, and City Council has reviewed both the original plan of January 17, 1984 and the revi~ plan of February 27, 1984. COtCLUSIOOS: 1. '!bat the application for 'n1e Broadway Develo(XIIent Plan located in the City of Englewood, County of Arapahoe, State of Colorado, as amended and revised February 27, 1984 to include two four-plexes, is appropriate to P£Otect the integrity of the neigh- borhood. 2. '!bat the City Council of the City of Englewood concludes that the developnent is in conformance with the objectives set forth in 22.4A of the Planned Development District of the City of Englewood. 3. 'lbat usable open space and landscape areas have been incorporated into the overall design and are sufficient to serve the nmber of units being constructed and will be accessible to all occupants of the dwelling units. 4. 'n1e amount of off-street parking to be provided <XIIlplies with the requirements of the canprehensive Zoning ordinance of the City of Englewood, State of Colorado. 5. 'n1e within planned development, known as 'n1e Broadway Developnent Plan, has been designed in such a manner to ensure privacy and pleasant envirorment for the occupants thereof and those of the adjoining properties. 6. 'lbat the P£oposed planned development has access to a public street, that is, Sou¢h Broadway, in the City of Englewood, Colorado. 7. 'lbat the recannendations of the Planning and Zoning camtission in Case No. 13-84, Exhibit B hereto, are hereby approved and adopted by the City Council, except that the City Council adopts the rev i sion of February 27, 1984 to the plan. 'ItlE CITY OXJNCIL CF 'lliE CITY <F EN:iL~OOD HEREBY DOCIDES AS FOLLCMS: It is hereby decided that the City Council adopt the foregoing findings and conclusions of the Englewood Plannii'J3 and Zoning cannission in Case No. 13-84 upon said application for 'n1e Broadway Developnent Plan as amended by revised plan of February 27, 1984, located in the City of Englewood, County of Arapahoe, State of Colorado, and approval thereof is hereby granted. 2 I I :I ·-... _ ............ ____ ...... ·---·-··-......... ___ -·----~------·-----·---~ • I • • • • i r i I t f I ! I I • • • AOOPI'ID AND APPK>VID this & ~y of ~' 1984. Attest: Eugene L. 0t1s, Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewocx3, Colorado, hereby certify that the above and foregr~~ is a true, accurate and complete copy of Resolution No. , Series of 1984. Gary R. Higbee 3 ~-~-----· --·---·--·--- • I • • - f • • ,. • A PART CF THE IDRI'HE'AST rnE-QJARTER (NF}o) CF SFCTIOO 15, Ta\l-lSHIP 5 scum, ~ 68 WE.."'!' OF THE SIX'IP-PR!N::IPAL MERIDIAN, CITY OF ~~. COJNl'Y CF ARAPAHOE, STATE OF COLORAOO, OORE PARTictJLARLY DESCRIBED AS F'OLI.£loiS: CCU1ENCING AT THE saJ!FWEST CORNFR OF SAID NORIF.FAST CORNER; ~ N 89° 40' 00" E AU::NG THF scum LINE CF SAID NORI'HEAST OOE-QJARTER (NEI.z) AND AI1N3 THF scum LINE OF BURT SUBDIVISIOO, A-DISTAOCE CF 1220.31 FEET 'ID 'mE TRUE POINT CF BE'GINNIN;; THENCE AI..CN; WE NORrnE'ASTERLY BCXJNDARY CF SAID BURT SUEDIVISIOO THE F'OLID''I}X; FCUR ( 4) CCURSES: 1) THEN::E N 00° 20' 00" W, A DISTNCE OF 314.20 FEFI'; 2) THEN::E N 49° 38' 16" W, A DISTANCE CF 388.57 FEET; 3) THEN::E N 70° 07' 47" W, A DI~ CF 239.32 FEET 'ID A POINT CF OJRVA'IURE; 4) THrnCE 1II£Ni THE ARC CF A CURVE 'ID TP.E RIGP.T HAVINi A CENl'RAL AN:iLE CF 34° 53' 35" AND A RADIUS CF 600.00 FEET, AN ARC DISTAOCE CF 365.41 FEET 'ID THE NOR'rnFASTERLY CORNER CF SAID BURT SUBDIVISICI-1; - ~ CXNI'IWINi AUN; THE AlC CF A Cl.JRVE 'ID THE RIGHI' HA\Tnl; A CENl'RAL AtG.E CF 03 54' 16" AID A RADIUS CF 600.00 FEET, AN ARC DISTANCE CF 40.88 FEET 'ID A POINTCF ~; THENCE N 31 19' 56" W AI1N3 SAID~. A DIS'Wa' CF 247.56 FEET; THENCE N 75° 00' 00" W, A DISTAOCE CF 217.43 FEET 'IDA POINT 00 THE EAST RIGHT-<F-WAO LINE CF SOJTH ~lAY; THENCE N 00 00' 00" E AI1N3 SAID FAST RIGHT-<F-WAY LINE, A DISTANCE CF 306.43 FEET; ; THENCE N 90° oo·• 00" E, A DISTANCE CF 10.00 Fmr; , THENCE S 00° 00' 00" W, A DISTANCE CF 116.21 FEET; THENCE S 58° 10' 00" E, A DISTANCE CF 91.78 FEET; THENCE S 75° 00' 00" E, A DISTANCE CF 233.87 FEET; THENCE S 31° 19' 56" E, A DISTANCE CF 312.37 Fml' 'IDA POINT CF ClJRIJA'lURE; ~ AUN; THE AR: CF A ClJRilE 'ID THE raT HAvm:i A CENl'AAL AN;iLE CF 06 42' 08"c:fl D A RADIUS CF 440.00 Fmr, -AN AR: DISTANCE CF 51.47 FEET; THENCE N 34 26' 27" E, A DIS'l'AlCE CF 553.02 Fml' 'IDA POINT 00 THE s::umERLY IU.JNIY\RY CF BKa<RlDGE EEIGP.l'S; THENCE S 40° 3B' 00" E AIJ:N> SAID SCU'mERLY B:XltD.RY CF BR)()f(RII)GE P.EIGfn'S, A DISTANCE CF 210.45 Fmr; THENCE S 60° 59' 00" E AIJ:N> SAID EO!mERLY IDJtDARY CF BR:X>I<RIDG£ HEIGHTS, A DISTAtci CF 10.28 Fml' 'ID THE tUmiWEST CORNER CF A TRACT CF ~ DEOCRIBED n< ID)I( 3431 AT PAGE 451 CF THE RB:XR)S CF THE CLERK AND RB:XR)ER CF ARAPAHOE CXlMI'Y; THENCE S 29° 01' 00" W AI1N3 THE IU.JNIY\RY CF SAID TRACT DESOUBED IN lO)J( 3431 AT PAGE 456, A DISTANCE CF 208.52 FEET; THENCE S 60 59' 00" E AIJ:N> THF IU.JNIY\RY CF SAID TRACT DESCRIBED IN lO)J( 3431 AT PAGE 451, A DISTIUCE CF 297.84 FEET 'IDA POINT 00 THE WESTERLY IO.NlARY CF A TRACl' DESCRIBED IN ln)K 1268 AT PAGE 479 CF THE RIX:XH>S CF THF CLERK AID RBXG:>ER CF ARAPAHOE COJNl'Y; THENCE AUN; THE SCUTP.ERLY JnJNDARY CF SAID TRACT DESCRIBED IN BXlK 1268 AT PAGE 479 'mE ;:"()~ FaJR ro.JRSES: 1) THEN::E S 03 41' 40" E, A DisrAOCE CF 127.60 FEET; 2) THENCE S 55° 14' 00" E, A DISTANCE CF 989.15 FEET; 3) THENCE N 90° 00' 00" E, A DISTANCE CF 79.37 FEET; 4) THENCE S 89° 50' OO",E, A DisrAOCE CF 72.00 FEET .'ID A POINT 00 'mE WESTERLY BCXJNDAR¥, CF HILL'IDP 1CRES SEXXl'ID FILINi; THENCE S 00 10' 00" W AUN; SAID WESTERLY BCUNDARY CF HilLTOP ACRES SEXXH> FILINi A DISTANCE CF 206.95 FEET '10 A POINT 00 THE scum LINE CF THE 00~ OOE-cuAR'ITR (NEll) CF SEX:TIOO 15, 'IO·JNSP.IP 5 SCXJTH, ~ 68 \'lFST; 'IHEN:E S 89 40' 00" W AI..CN; THE 5aml LINE CF SAID NORI'HFAST CNE-<;Ul'..RTER (lWl), A DISTANCE CF 925.00 FEET '10 TEF TRUE POINT CF BEX:iiNNIN:;; CCNrAININ:; 20.327 ACRES, M)RE CR LESS • • I • - • • • • • CI'r'i PLANNING AND ZONING COMMISSION ENGLEWOOD, ·coLORADO IN THE MATTER OF CASE NO, 13-84 ) FINDINGS OF FACT, CONCLUSIONS, AND ) RECOMMENDATIONS RELATING TO THE ) APPLICATION OF HR. KAL ZEFF FOR ) APPROVAL OF A DEVELOl'HENT l'LAN ) AS PROVIDED IN I22.4A, PLANNED ) DEVELOPMENT DISTRICT, OF THE ) COMPREHENSIVE ZONING ORDINANCE ) OF THE CITY OF ENGLEWOOD, ) COLORADO. ) II l'uhllc Hearing was held on Fchruury 22, 198'•• i.n <'onnc<'tiun with Case No. 13-84 in the City Council Chamber~; ln the Lin~lewoou Clty Hall. The following members were present: Hr. Barbre, Hr. Tanguma, Mr. Carson, Mr. Magnuson, Hr. McBrayer, Hr. Stool, Mrs. Uecker and ·Mr. Venard. Mr. Allen was absent. Upon review of the evidence taken tn th u fo nu o ( tcstlu•ony, pr<·>.c nl.atluns, reports, and filed document~;, th e Clly l'lann l ng a m i , /.uning C""""lssion makes the followin~ Finding~; u[ Fact: FINDINGS OF FAC'l' 1. That notice of the Public Hearing held on February 22, 1984 was aiven in the Enalewood Sentinel, the official City newspaper: on February 1, 1984. 2. That the property was posted for not less tl~n 15 dayH prior to the Public Hearing. 3. That the application is concerned with an area east of the 5200 block of South Broadway and south of East Centennial Avenue, also formerly known aa the ''Pasternak Property", and identified as P.P.I. Number 2077 15 1 00 022, 020, and 005 in the records of the Arapahoe County Assessor. 4. That the property has been zoned for lli&h Density Resi- denae use since 1964, and that the Hi&h Density Residence District per- mits a density of .40 dwelling units per acre with a density bonus to 70 dwellin& units per acre, basad on area assemblaae. 5 , That the area with which tho application 1a concerned ill owned by Hr. Kal Zeff, 950 South Charry Street, Suite 1100, Denver, Colorado, 80231, and to be developed .by CDH Construction Co., Inc., 950 South Cherry Street, Suite 1110, Denver, Colorado 80231 . 6. That the application for approval of a Development Plan for the above daacribad property waa filed with the Dapartaant of Coa- munity Dovelopaant on January 19, 1984. I • • - f , • • • • -2- 7. 1'hat the objective of Hr. Kal Zeff in filing an'appU.catlun for the approval of a Planned Development, is to construct 160 condominium units and 130 townhouse units, which ·units at some future time will be sold individually. 8. That the one-bedroom units will range in size from 668 square feet to 882 square feet, and the two bedroom units will range in size from 876 square feet to 1408 square feet. 9. That the density of the proposed l'lanneo.l Uevelof1nu.mt 1:; 14.27 units per acre, with 58% of the total lot area, including the Big Dry Creek easement, as optm space and 46X of the tutu l lot area landacaped. 10. That all buildinss will be set back from the property line 25 feet. 11. That a written statement and all other pertinent information was submHtcd with ami attached to the application as n !quired In §22,/of\-loh of the Comprehensive Zonin& Ordinance, settin& forth that: a. The long ranse objectives of the proposed Planned Development are to target the> development to both first and second-time home buyers, designed to pro- mote a community feeling in u posit.ive and pleasant en vi ron men t. b. 1\ site plan, landscape plan, and elevations have been provided which ·give a I!,Caphic lnturpcutal iuu uf Lite· aforementioned objectives. c. Conatruction will beain after approval of the Planned Development by the City Council, with conatruction to commence in Hay 1984 and projected coapletion within two years of conatruction beginning. 12. That a pre-application conference wae held between repre- sentatives of the applicant, ataff --.hera of aeveral departaenta of the City of Enslewood, and representative• of adjacent juriedictiona to con- aider the preliminary plana .and aa a result of that conference, revisions were made to the preliminary plan which are reflected on the plan submitted at the February 22, 1984 meetin& of the Planning and Zonin& Commiaeion. 13. That upon review of the proposed Development Plan by varioua City department&, adjacent aunicipalitiea and other public agenciea, the following commenta have been received: Code Adminiatration. a. The Genenl Plan deaian ia acceptable in teru of apace needed for ... rgency vehicle accaaa into and through the property. It ia possible that aoae areas of the drive lanaa uy need to be poated aa "Fire Lanes." b. The proposed deaian of the water ayatem for fire protactioa purpoau IIU&t be aubaittod on bluo1,rinta and approved prior to parait iaauanca for buildin& con11truct ion. • I • • ' • • • • -3- c. The water system for this pruperty mu11t be •~<-" la1wd to supply enough water to 111eet the required fire flow calculations (ISO) for the 'largest, 1110st severely exposed structure in the development, and must provide an adequate nUlllber of on-site fire hydrants as determined by the Fire Chief. (Section l0-30l(c), 1982 Uniform Fire Code.) d. All fire hydrants and access roads must be usable i-diately prior to and during uny construction involving combustihle material. (Section 10-301 (d) 1982 Uniform l'irc Code.) Enaineerin& Services: a. All streets must be constructed to City specifications. Iill: See Code Administration co111111ents. Public Works: a. An acceleration lane may be necessary at Broadway. Traffic: a. Will access be provided at Sunset l.une 'l (Staff couunent: 'C here will be 110 accc"" tu Suu•a·l Lane.) b. Brid&e located on Broadway south of access road should be widened. (Staff co .. ant: The developer is working with the Highway Departaent and haa aareed to widen the bridge.) c. Adequate acceleration/deceleration lanes should be provided for all direction& of enterin& or exitin& traffic, includin& west-bound lefts to ao south. This should be provided with Broadway having six through limes, d, lf accidents becoJDe a probllllll, then a "llight Turn Only" uy be required at the egress point. Utilities: a. No co .. ants at this time other than developer will hava to .. et utility dapartaent requir .. ents ae property 11 developed, Arapehoe eount1: No co~nts recaived. Greenwood Villaae: •· Tha ~ percent oQ-eite open epace ie c~andable; • I • • - ( • • • • • -4- how .ever, not very we"!l organized. There arC', no open space areas large enough to conduct or attract any outdoor activities; This lack oT organization will cause a demand on other adjacent recreational iacl.litles . b. Multi-family complexes of this size and dimension are generally downgraded in their quality by the intermit tC'n t parking and storage of rec~eation vehicl es. There s hou l u be either a prohibition again11t storage uf r ec reat i on vehicles, or an area set aside specifically for that USC within the l'lan . {( there is tu be a >l tUl"Uj~e :Hl!il defined on the Plan, please organize its location a way from adjacent City boundaries. c. A number of the buildings are designed to accowmod~t e garages, The circulation system will be kept much f reer of unattended parked vehicles if the garage entrance>~ also have driveways. Littleton: a . J.ocation of the 100-year floodpl~i.n o f llig Dry Cr eek on the site plan. b. That the building setback along the extrema e ast e rly property line be increa~o~ed to fifty (50) feet wlth ex- tensive landscape screening to provide adequute visual s creening of the adjacent single-famlly residential. c. That provision of an additional acceleration/ueceler atiun lane alona South Broadway be required, Littleton School District: a. The facilities serving the area are: School Euaana Field Eleaentary Goddard Junior High Littleton Hiah School Capacity 462 1190 1495 Enrollment 390 896 1266 b. School District participation in public use dedication by developer: The School District uses a land dedica- tion formula in determining its share of the amount o f land donated by the developer to the City govern.ent for public use, In this instance, the District's share would amount to .39 acres of land, or the cash value at the time of dedication in lieu of land, c, Student impact: Baaed on the current yield of students from dwellinaa, the coapleted subdivision would yield approxiaately 87 students 38 ela.entary students, 25 junior hiah students, and 24 senior hilh school stude nts, State Hiahway Departunt: a. Noise iapacta froa adjacent arterials auet be a iti&a t ed by developer, I • • ( • • • • -5- b. A signalized intersect ion at the proposed en~ ranee will not be permitted ·unleas the.existing signal at Centennial is abandoned. c, The Big Dry Creek bridge will need to be widened to acco.-odate the acceleration/deceleration lane. Urban Drainaae and Flood Control District: a. We reco1111ncnd that the propot~cd 100-foot dralna~L! case- ment be expanded, where necessary, to include the en- tire Big Dry Creek channel to t:hc t:op u( the uank. b. The district haa been involved in maintenance activities alon& thia reach of Big Dry Creek. In order to pre .. ervc the ability to continue those activities, we would r~ <luelit a 11111intenance acce1111 ri~ht uerollll the 111·1vat" drives and parking lots as well as two ramps fro111 the top of the bunk to channel bottom. c. We would recommend that the stability and erosion potential of the very steep bankli be investigated and, if needed, bank stabilization be required. d. The 100-year flood plain limit should be shown on the development plan. The floodplain exceeds the channel limits at the south end of the property anu shnuld Ill' "" document'Bd, e. Who will have initial maintenance responsibility for the channel, the development or the City1 f, The Diatrict must approve design plans for any flood control facilities to be conatructed if the facilities are to be eligible for dietrict maintenance assietance, Public Service Companx: No comaanta received. Mountain Belli a. A blanket eaaement will be required with exact details 14. That there were no persons preaent who spoke in favor of the proposed development. 15. That there were seven persona who spoke in opposition to the propoll8d development, those be ina: Linda Pornof, David Fornof, John Campbell, Phil DuBois, Bob Kowall, Josephina Ipsen, and Dr. loy Lininaer. to be worked out at the time of development. 16. That a latter which was read into the record of the Kearin& from Richard c. Shearer also expressed opposition to the proposed develop- ment • • I • • ( • • • • • -6- 17. That the issues addressed by those in opposlt i u~r to til e proposed development were: a. Relationship of the proposed development to the 100- year flood plain. b. Future access to East Powers Avenue. c. Fencing of the southern property line. d. Need for Environmental Impact Stat~nent. e. Impact on traffic flow on adjacent streets. f. Practical maximum density of the proposed develop- ment. g. Sufficient water and sewer service to serve the pro- posed development. h. Decrease in density and height of the proposed d e - velopment. 1. Increase in setbacks for the proposed development. CONCLUSIONS Th e Clty Pl.:mning and Zoning Couunission conclude:;: 1. That proper notice of the Public Hearing was given. 2. That no persons other than the representatives of the applicant spoke in favor of the proposed development. 3. That seven persons spoke in opposition to the proposed development. 4. That one letter was received in opposition to the proposed development, which letter was read into the record of the Hearing. 5. That evidence relative to the proposed Planned Develop- ment was entered into the record of the Public Hearing which dWIIOnstrate s com plianc e with applicable zoning regulations. RECO}ftENDATIONS Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed Planned Develop - ment be approved with the following conditione: 1. Some areas of the drive lanse may need to ba deaianated as "fire lanes" as determined by the Fire Harahal. 2. The propoaad deaian of the water ayat .. for fire protection purpoaaa muat be eubaitted on blueprints end approved prior to perait issuance for building ponetruction , I • • ( ( • • • • -7- 3. The water system for this property must be desianed to supply enough water to meet the required fir~ flow calculations (ISO) for the largest, most severely exposed structure :tn the development and must provide an adequate number of on-site fire hydrants, as detcr- min ~d by the Fire Chief. (Section 10-301 (c), 1982 Uniform Fire Colle.) 4. All fire hydrants and access roads must be usable immediately prior to and during any construction involving combustible materials. (Section 10-301 (d), 1982 Uniform Fire Code.) 5. All streets are to be built to City standards. 6. The South Broadway/Big Dry Creek bridge should be widened with adequate acceleration and deceleration lanes and a center stornge lane for southbound traffic exiting from site. 7. The s treet providing access to the Hite shuulu lH! llillllcd as per metro grid system. B. Egress from the site may be limited to right-turn only if t he number of accidents increase at this intersection. 9 . The 1 00-foot drainage easement should be expanded, wher e necess ary, to inc l ude the entire Big Dry Creek channel to th e top of t he hank. 10 . A maintenance access righ t acros s th e privat e dr i ve s und pa1·k i.ng lots a s we l l as two ramps £rom the top a[ the bunk to th e ch a nm!l bo t t om sho ul d be p rovided to the Urban Drainage Distr i ct. 11. The 100-year flood plain limit should be shown on the De- velopment Plan. The flood plain exceeds the channel limits at the south end of the property and should be ao documented, 12. Initial maintenance responsibility for the channel must be established, 13. Urban Drainage and Flood Control must approve design plans for any flood control facilitiae to be constructed if the facilities are to be eligible for District maintenance assistance. 14. Fencing in addition to the proposed landscaping shall be installed in the southeast portion of the proposed development . Upon the vote on a motion made by Mrs. Decker and seconded by Mr. Magnuson: Those voting in favor were: Mr. Barbre, Mrs •. Becker, Mr. Carson, Mr. Magnuson and Hr. Venard. Those voting in opposition were: Hr. McBrayer,-Mr. Steel, and Mr. Tangu111a. Mr. Allen waa absent, Dy Ord e r of the City Planning and Zoning Commission • I • • • • .. 7 ~ P R 0 C L A M A T I 0 N WHEREAS , from the poignancy of General Washington's legendary prayer in the snow at Valley Forge to the d a ngerous t i mes i n which we live today, our leaders and the people of this nation have called upon Divine Providence and trusted in God's wisdom to guide us through the challenges we hav e faced a s a people and a nation; and WHEREAS, this nat i on is comprised of individuals, towns, and citi es, all affected by those things that affect the nation; a nd WHEREAS, ea c h yea r, by Joint Resolution of the Congr e ss a pprov ed in 1952, the recognition of a part i cul a r d a y se t asi de a s a Nat io nal Day of Prayer has become a p a r t of our un ifi c at ion; NOW, THEREFORE, I , EUGENE L . OTIS, Mayor of the City o f Eng le wo od, Color ad o, do hereby procl a im Thursday, May 3 , 19 84, DAY OF PRAYER in the City of Engle wood and I call u p o n the citizen s o f this City to gather together on that day in homes and places of worship to pray , each in his or her o wn manner , for unity of the hearts of all mankind . 1984 . GIVEN under my hand a n d seal the 16th day of April , ~ge n e L . Ot1s , Mayor I • • • • - P R 0 C L A M A T I 0 N WHEREAS, from the poignancy of General washington's legendary prayer in the snow at valley Forge to the dangerous times in which we live today , our leaders and the people of this nation have called upon Divine Providence and trusted in God's wisdom to guide us through the challenges we have faced as a people and a nation; and WHEREAS, this nation is comprised of individuals, towns, and cities, all affected by those things that affect the nation; and WHEREAS , each year, by Joint Resolution of the Congress approved in 1952, the recognition of a par ticular day set aside as a National Day of Pr a yer has become a p art of our unification ; NOW, THEREFORE, I , EUGENE L. OTIS, Mayor of the City of Engl e wood, Colorado , do hereby proclaim Thursday, May 3 , 198 4, DAY OF PRAYER in the City of Englewood and I call upon the citizens of this City to gather together on th a t day in homes and places of worship to pray, each in his or her own manner , for unity of the hearts of all mankind. GIVEN under my hand and seal the 16th day of April, 1984. • I • • • • • • 7 ;-\ 1 P R 0 C L A M A T I 0 N WHEREAS, child abuse is a complex and continuing problem in our society; and WHEREAS, good people must collectively gather together to defeat this injustice to our children; and WHEREAS, the stress of today's society compels our concern and necessitates outreach to help parents cope with economic and emotional demands without projecting these burdens on a child; and WHEREAS, the prevention of child abuse and neglect involves the education of our young people even before they become parents; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, in recognition thereof, do hereby proclaim the month of April as CHILD ABUSE AND NEGLECT PREVENTION MONTH i n Englewood, Colorado. GIVEN under my hand and seal this 16th day of April, 1984. ----Eugene L. Otls, Mayor I • • n • • • • P R 0 C L A M A T I 0 N WHEREAS, child abuse is a complex and continuing problem in our society; and WHEREAS, good people must collectively gather together to defeat this injustice to our children; and WHEREAS, the stress of today's society compels our concern and necessitates outreach to help parents cope with economic and emotional demands without projecting these burdens on a child; and WHEREAS, the prevention of child abuse and neglect involves the education of our young people even before they become parents; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, in recognition thereof, do hereby proclaim the month of April as CHILD ABUSE AND NEGLECT PREVENTION MONTH in Englewood, Colorado. GIVEN under my hand and seal this 16th day of April, 1984. • I • • - - • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S Sn•rmon Slr<W Englowooo. Colorado 80110 Phon• JOJ1781·78a5 ~r . quHs ~orflcct Safeway Peal ~state Diviston 2600 South ~arker Pearl Suite 250, Building 5 Aurora, r.olorado ano14 near Russ: • • • April 16, 19a4 The purpose of this letter is to confirm our conversation of last Thursday, April 12, l9A4, at your office concerning the rlisposit<on and potential sa l e of t he old Safeway property at the 3400 block of Lincoln Street in Englewood , r.olnrado. As we d i scussed and herein c ommit to writing, it is the i nt e nt of the !'n~.l <"·II JC! Do wntown nevelopment Autt,ority to tend e r an offpr to you o n o r 1 • f If · '.•t·•.ll <;t l, l <!P l, fo r the aho v e menUoned S;tfcw;t y l>11i ld in!\. [n the . ! r , '"'' tn t end to c om plete n eP,ot Lation s with the int e r es ted tenant s ,, II r • .. rJ<·r s r r cnn am on gst t hose impac t ed hy the c urr e nt l'o wnto wn f)<·v eloll- ocn l J·J.rn hC>int: i rup leme nterl l'y the F:n11,lewood Urhan R<'n <'wa l ~.uriH>rlr v. '·I<· •·u rn·nL 'Iy l·:tv · >;<·vc:ral lnte r es ted parties atnongst tho se affccLc<t and I u lly anticipate a successful conclusion of our negotiations. It would be our intent to ~ake that offer as soon as is practical and at the indicated offering price of $1 ,200,000. While we regret this letter is not in the nature of a firm offer, we feel strongly that it can definitely be in the best interests of both Safcway and the Englewood bus iness community to r each an arnlcnble a g r eement. .,.hose merchants most involved in th is pro- jec t are "destination" type retail establislaents and therefore compliment ary to Safeway's intere s ts in creating and sustaining a viable retail area. We understand that in the absence of a firm offer that you are not in a posit1on to rep ly in either the affirmative or the negative. We do under- stand, however, thst you will reply to this letter in a fashion that recognizes the special ci rcumstances o f these efforts by the nowntown Development Authority. • I • • ( • RESOLUTION oo._L1_ SERIES OF 1984 • • • A RESOLUTION AWOINI'ING JOHN R. OLSEN AS CITY ATTORNEY FOR 'lllE CITY OF DG,QKX)D I OOLORADO I AND FIXING HIS !OMARY FOR 'lllE BAI.NCE CF ·mE YEAR 1984 • WHEREAS, the City Co~meil has previously accepted the resignation of Rick DeWitt as Englewood City Attorney e~fective February 29, 1984; and WHEREAS, Article IX, Section 64, of the Englewood Hane Rule Charter provides: "City Attorney -NiJpOintment -Qualifications "'lbe Co~.R:il shall appoint a City Attorney llt\o shall be the legal representative of the City and who shall advise the Council and City Officials in matters relating to the official powers and duties. The City Attorney shall be an attorney at law admitted to practice in Colorado and have a minimum of five years experience in the active practice of law. The Council may prov~ the City Attorney with such assista nts as Council may deEm necessary: All attorneys who r es ide or maintain offices in the City shall be given rre fer e nce by Council for appointment: "Council shall establish compensation for the City Attorne y, his assistants and special counsel." OOW, 'lllEREFORE, BE IT RESOLVID BY 'lllE CITY CXlJOCIL CF 'lllE CITY OF DG.~OOD, COLORADO: Section 1. That John R. Olsen shall be and is hereby appointed city Attorney for an indefinite tema, aa provided in section 64 of the Englewood Hane Rule 0\arter, effective April 10, 1984. section 2. The salary for John R. Olsen shall be at the rate of $5'7,600 per year. said 11110\mt is to be prorated fran the effective date of appointment to the and of the calendar year 1984. AOOP'l'ED AND AW~VID this 16th day of April, 1984. Attest: Eugene L. Otis, Mayor ex off i cio City Clerk-Treasurer ·-· ··-. -·----.. . ... ·---:;,.._:_··:.._·:.___ __ _ • I • • r r • • • 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 canplete copy of Iesolution No. , series of 1984. Gary R. Higbee • I • • • • • • RESOWTIC* to.fl_ SERIES ~ 1984 A RESOWTIC* AIIPOUrl'ING J<IDI a. 0LS111 AS CITY A'l"l'ORNEY l"'R 'l1tE CITY or ~' ClX.ORADo, Ml) FIXING HIS SIUARY l"'R TH! 1WNiCE CP 'ffiE YEAR 1984. WHERBAS, the City tb\n:il tas ~evioUBly accepted the resignation of Rick DeWitt .. Inglewood City Attorney effective February 29, 1984; and 1ftt1Rr.AS, Article IX, Section 64, of the Inglewood Hallie lllle Olarter provides: "City Attorney -!aloin~t -Qualification. "'!be Cb~R:il nll appoint a City Attorney IIIIo shall be the l119al representative of the City and 11110 8hall adviae the O:I~R:il and City Officials in matters relating to the official powers and duti•. 'Jbe City Attorney shall be an attorney at law ldnitted to 5Eactice in Cblorado and have a mininun of five yaau experience in the active practice of law. 'lbe CbiXlCil may ~ovide the City Attorney with such assistants as Cb~R:il may deem necessary: All attorneys who reside or maintain office. in the City shall be given preference by Council for ~intment: "Council shall •tabliah canpensation for the City Attorney, his assistants and special counsel." N:JW, 'l'HEREPORE, BE IT IIISCX.YID BY THE CITY CX:UCIL CP THE CITY or flG.EWOOD, CXXDRADO: Section 1. '!bat John a. Oleen nll be a is t.reby IIIPOint.S city Attorney for 11'1 indefinite t.aa, .. 5EOV~ in a.etion 64 of the EhgleWOOd Htlne lllle Olarter, effectivw •n 10, 1984. Section 2. The aalary for Jahn a. Oleen ftll be at the rate of l57,"~r ~r. Seid IIIIOW'It is to be pnrat.d frCIII the effective date of appoin~t to the end of the calendar y.r 1984. ADOP'l'ID AN:> AJIPIOYID this 16th day of .il, 1984. Atteeta iliijiiW t. Otis, illilyor ex officio City Clerk-Treasurer I • - J t - • • • • • I, Gary R. Higbee, ex officio City Cleric-Treasurer of the City of Pngle-..ood, COlorado, hereby oertify that the above and foregoing is a true, accurate and complete copy of Resolution No.fl_, series of 1984. Gary R. Higbee I • • - -· '·-' • RESOWTIC* t«>. j_J_ SERIES <F 1984 • • • A RBSOUJ'l'IC* APPOitrl'ING JaiN R. OLSDi AS CITY A'1"1'09NEY FOR '1HE CITY C1P EIG.EWOOD, COWRADO, Nl> FIXING HIS &MARY !'OR 'DfE BALNCE C1P ·ntE YEAR 1984. WHIRBAS, the City Co\Rlil has ~eviously accepted the resignation of Rick DaWitt aa Inglewood City Attorney effective February 29, 1984J and WHI:RIAS, Article IX, Section 64, of the Inglewood HaDe RJle Charter provides: "City Attorney -~intmant -Qu!lificationa "'ftle Co\Rlil llhall IIIJPOint a City Attorney ~ shall be the le9al representative of the City and ~ shall adviae the Oo~n:il and City Officials in matters relating to the official powers and duti•. '1tle City Attorney shall be an attorney at law anitted to pcactice in Colorado and have a minimum of five years experience in the active practice of law. The OoiA'lCil may pcovide the City Attorney with MICh assistants as Oo~neil may dean nacessary: All attorneys ~ reside or maintain offices in the City shall be given preference by Council for appoinbment: "Oo~n:il shall •tablish compensation for the City Attorney, his assistants and apecial counsel." NJW, 'l'HBRBFORE, • IT JISOLYII) BY 'ftiE CITY CD.JICIL f6 'l'HB CITY <F nG.MXJD, cxx.oRADo: Section 1. 'lbat John a. 01--. shall be and ia hereby IPPOinted City Attorney for .n indefinite teDII, aa pcovided in Saction 64 of the fl'lglewood Herne RJle Olarter, effective llpril 10, 1984. Section 2. '1tle ulary for John R. Olaen shall be at the rate of ID;~r year. Said ~t ia to be prorated frCIII the effective date of eppoinbDant to the ..S of the calendar year 1984. ADOPl'ED Ml> APPIIOVB> thia 16th day of Apcil, 1984. Attest: Ljiiii £. otla, Aiyor ex officio City Clerk-Treasurer • I . • - • - • . . • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the (:ity of fhglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No.fl_, Series of 1984. Gary R. Higli!f! • I • •