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Home My WebLink About1984-05-07 (Regular) Meeting Agenda• • - - I 0 City Council Meeting -Regular May 7, 1984 • • - • • • • '~i~~ ~ ;.. ~0. ,J I. o/.;( ~ <~~-~ /~ 1'1, ~tJ • ..(/ • 0 0 • I . - • c • • • • AGENDA FOB. THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 7, 1984 I ~~ / 1.1.'.-<!..C-.<--1 _... 7:30P.M. Call to order, invocation by Reverend Clifford Sampier, Cherry Hills Full Gospel Center, 4860 South Clarkson Street, pledge of allegiance by Boy Scout Troop #92, and roll call. ((d_1 ~ 1 • c~ 1.·Ll 2. {~ 3. G--t lrv--- 4. (l fc> 4:t (8 (}~a J~ a~ t l Minutes. (a) Minutes of 'the special meeting of April 9, 1984. (Copies enclosed.) Pre-Scheduled Viaitors. (Please liait your pre- sentation to 10 ainutea.) Other Viaitora. (Pleaae liait your presentation to 10 minutea.) Public Hearing. (a) Ordinance amending the Municipal Code of the City of Enalewood and addina thereto a new chapter constitutina a portion of the Coapre- hensive Zoning Ordinance. (Copies encloaed.) e. a ' ,_,Li_,uu~~...-~ -r a.! Communicationa -No Action B.ecoaaended. (a) Minutea of the Board of Adjuataent and Appeala meeting of March 14, 1984. (Copiea enclosed.) • I • • - I • • • • -- Page 2 May 7, 1984 Agenda 5. Communications -No Action Recommended (Continued). (b) Minutes of the Planning and Zoning Commission meeting of April 3, 1984. (Copies enclosed.) (c) Minutes of the Urban Renewal Authority meeting of April 4, 1984. (Copies enclosed.) (d) Minutes of the Liquor License Authority meeting of April 4, 9, and 26, 1984. (Copie-s enclosed.) (e) Minutes of the Englewood Public Library Advisory Board meeting of April 10, 1984. (Copies enclosed.) (f) Minutes of the Englewood Downtown Development Authority meeting of April 11, 1984. (Copies enclosed.) 6. Communications -Action Recommended. (a) Council Communication from the Planning and L/ Zoning Commission concerning an amendment to the Planned Development District. (Copies enclosed.)· Council Communication from the Planning and Zoning Commission concerning an amendment to the Design Guidelines for the South Broadway Incentive Area. (Copies enclosed.) Council Coamunication froa the Water and Sewer Board concerning Suppleaent 198. (Copies enclosed.) Council Coaaunicetion from the Water and Sewer Board concerning Supplement 199. (Copies enclosed.) Council Coaaunication froa the Water and Sewer Board concerning Supplement 1100. (Copies enclosed.) Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concern- ing relocation of Municipal Court. (Copies enclosed.) • • I • • - • • • • • Page 3 May 7, 1983 Agenda 7. City Attorney. Ordinances on Final Reading. (a) Ordinance authorizing first amendment to agreement between the cities of Littleton and Englewood, Colorado, for joint wastewater treatment facilities to jointly operate the joint-use wastewater treatment facility. (Copies enclosed.) Bill for an Ordinance. (b) Bill providing for the increase of the hotel/ motel room tax by amending Title XIII, Chapter 4, Section 3(b), of the Englewood Municipal Code 1969, as amended. (Copies enclosed.) Proclamations. (c) (d) cj (e) Proclamation proclaim i ng Kay 6-12, 1984 as Volunteer Recognition Week. (Copies enclosed.) Proclamation proclaiming Kay 20-26, 1984 as Public Worka Week. (Copies enclosed.) Proclamation proclaiming the week beginning May 6, 1984 as Small Business Week. (Copies enclosed.) Other Mattera. (e) Attorney'& Choice. '1) C 4J:It'/ 8 . City Manager . (a ) Kan ag e r'a Ch oice . 9. General Diac u aaion. (a) Kayor'a Choice. (b) Council Kember's ~ 10 . .., ••••••••• ?!!?~c.~ ' tt' /tlU Ci K ' ")' ty anager I.M/ab 0 ll t tv l t-l- ''-I • • • • • • Section 16.4-8 R-3, High Density Residen ce District . April 18, 19 84 April ll . 1984 Feb r ua ry 15, 1984 Oc t ober 28, 1983 It is the goal of the ei~ieefts CITY of Englewood to encourage a v ariety of housing to me e t th e n eeds of the diffe ring income l e v e l s a nd the varying family structures by emphasizing quality of development through the us e 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 s hould be submitted for all RESIDENTIAL develop- ments HAVING MORE THAN FOUR DWELLING UNITS. 2. New high-density residential AND OFF ICE project ' should be sensitiz ed to t he c haracter of adjacent development. The ~iting of vertical s tructures should r espec t the topographic features of the land . 3. High-density residential AND OFFICE development should be loc ated 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 preser ved and efthefteeeT BUILDINGS ORIENTED IN SUCH A WAY AS TO MAX IMIZE THE OCCUPANT VIEW OF T.1E MOUNTAINS. The R-3 District is composed of THOSE AREAS WHICH AR E CONDUCIVE TO high- density residential e•eee ei ~he bi~YT epeifteri~y AND PROF ESSI ONAL OFFICE DE- VELOPMENT WHICH MAY BE located between single and two-family residential areas and commercial areas, plus certain open areas where similar development appears likely to occur. The regulations for this District are designed to stabilize and protect the essential characteristics of the District, to promote and en- courage , insofar as is co mpat ·.ble with the high intensity of land use, s uitabl e environment for family life, .md to permit certain professional uses of a c haracter unlikely to develop a co n centration of traffic, e•ewes si pesp~e • I • - • ( • • • • -3- (8) CHILD CARE CENTERS . ACCESSORY PLAY EQUIPMENT SHALL BE LOCATED IN THE REAR YARD. Hi} (9) Educational institutions. ~+} (10) Religious institutions. ~8} (11) Public ~aeili£ies BUILDINGS. c. MiftimYM area e~ le£T MINIMUM LOT AREA FOR PERMITTED PRINCIPAL USES . (1) PARCELS OF LAND UNDER 43,560 SQUARE FEET ~l} 6iftsle-~ami±y eve±liRsaTTTTTTTTTTTTTTTTTTTTT'TQQQ 8~T E~T ~2} MeeiYm-eeftsi£y eve±liRS8TTTTTTTTTTTTTTTTTTTT!See R-2 See~!eR} ~3} MYl~i-~ami±y evelliRS8TTTTTTTTTTTTTTTTTTTTTT42,QQQ S~T E~T (a) SINGLE-FAMILY DETACHED DWELLING .•..•.•. 6,000 SQ . FT . (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 eNITS .••••••••••••.•••.•••••.• 1, 000 SQ . FT . (2) PARCELS OF LANll CONTAINI NG 43,560 SQUARE FEET OR MORE MAY BE DEVEI~PED AT A DENS ITY OF ONE UNIT PER 1,089 SQUARE FEET . t4} eeHe&~ieftal iftS~i~H~i&ftST PelisieY8 ift8~i~Y~i8ft8T p~elie ~~} (3) All other permi tt ed principal uses ••••••••. 24,000 sq . ft. (THIS SECTION SHALL NOT APPLY TO AN EXISTING STRUCTURE CON - VERTED TO ACC OMMODATE A PERMITTED PRINCIPAL USE IF NO OTHER LAND IS AVAILABLE AND IF THE MINIMUM REQUIRED OFF-ST REET PARKING IS PROVIDED .) • I • • ( • • • • Section 16.4-8 R-3, High De ns ity Residence District. April 18 , 1984 April 11. 1984 Feb r uary 15 , 19 84 October 28 , 1983 It is the goal of the ei~ieefts CITY of Englewood t o e ncoura ge a variety of housing to me et th e n eeds of th e dif f er in g i ncome leve l s a nd thl' varyin p, family structures by emphasizing quality of development through th e us e of new developmental procedures that will encourage innovative well-designe d developments. It is inherent in this goal that the following be considered: 1. A development plan should be submitted for all RESIDENTIAL develop- ments HAVING MORE THAN FOUR DWELLING UNITS. 2. New high-density residential AND OFFICE project • s houl d be sensitized t o the ch aracter of adjacent development. Th e ~itin g of v e rt ical structures should r es pect the topographic features of the land. 3. High-density residential AND OFFICE development should be locat e d on land parcels of sufficient size to ensure proper site design, identity, and to warrant the installation of desirable amenit ies . 4. Where possible, the view of the mountains should be pres erved and eftkaReeeT BUILD ING S ORIENTED IN SUCH A WAY AS TO MAX IMIZE THE OCClJPANT VIEVJ OF 'NE MOUNTAINS. Th R-3 District is composed of THOSE AREAS WHICH AR E CONDUCIVE TO high- density residential aPeae ei ~he Gi ~YT epeiftaPily AND PROFESSIONAL OFFICE DE- VELOPMENT WHICH MAY BE located between single and two-family residential are a s and commercial areas, plus certain open areas where similar development appear s likely to occur. The regulations for this District are designed to stabiliz e a nd protect the essential characteristics of the District, to promote and en- courage, insofar as is compat 'ble with the high intensity of land use, suitable environment for family 1 ife, .md to permit certain profes sional uses of a character unlikely to develop a concentration of traffic, e•ewe s ei pesp~e • I • • - • • • • -2- efta geftera± eM~eeeP ae~eP~!e!RgT ANn PEOPLE . To these ends, this District is protected against the encroachment of general industrial uses a nd certain commercial uses while the regulatio ns permit high-density develo pm e nt con- sistent with the high concentration of persons and land valuation. Resi- dential types of structures as well as various institutions are permitt e d, plus structures for professional uses co nformi n g to the pattern of the Di s- trict. a. S~pp±eaeR~&!y GENERAL regulations. The provisions found in this Zo ne District shall be subject to the requirements and standards found in Section 16.5, S~ppleaeft~ary GENERAL regulations, unless otherwis e pro - vided for in this Ordinance or an amendment thereto. b. Permitted principal uses. ~l~ ARy ~ee pe .. ~E&e4 ift R-~ 6&Re ~ie••ie•T (1) SINGLE-FAMILY DETACHED DWELLING. (2) SINGLE-FAMILY ATTACHED DWELLING. (3) TWO-FAMILY DWELLIN G WITH AT LEAST ON E PARTY WALL UNDER A COMMON ROOF. ~~~ (4) Multi-family dwellings. PLANNED DEVELOPMENT APPROVAL IS RE- QUIRED FOR MORE THAN FOUR UNITS. ~Aaft~e &y 9r4T NeT 3~, Seriee ei l~+l} ~e~ Ne• •e e•eeee ie•*Y ~49~ ~ft~•e pe• aere, eKeep• as pre¥iee8 iR See&ieR ~2T4-e&T Plaftftee 4e¥elepaeR~ appre~al ~s Pe~viree ier all mv±•i- iaai±y 4vellift8 Vfti*e• ~3} (5) Hospitals and clinics , but not animal hospitals or clinics . ~4} (6) Retir ment or senior citizen housing, rest homes, and nursi ng hom s. ~~t (7) Prof ssional offices in which chattels or goods, ware or m r chandis ar not comm rcially crated or ao ld. • • I • • ( • • • • -3- (8) CHILD CARE CE NTER S . ACC ESSORY PLAY EQUIPMENT SHALL BE LOCATED I N THE REAR YARD . {e* (9) Edu c ational i nstitutions. {~* (10) Re ligi ous ins t i tution s . {8* (11) Public iae!l!£!es BUILDINGS. c . M~Rim~m area ei le£T MI NIMUM LOT AREA FOR PERMITT ED PRINCIPAL USES. (1) PARCE LS OF LAND UNDER 43 ,560 SQ UARE FEET {l* 6~R~le -iamily evelliR~8TTTTTTTTTTTTTTTTTTTTTe;QQQ S~T i~T {~* Meei~m-eens!£y evellift~STTTTTTTTTTTTTTTTTTTTLSee R-~ Se e~!e R * {31 ~l~i-f&Mily BVell!ft~9TTTTT T TTTTTTTTTTTTTTTT4~0 QQQ 9~T f ~T (a) SINGLE -FAM I LY DETACH ED DW ELLING .•...••. 6 ,0 00 SQ . FT . (b ) SING LE-FAM ILY ATTACHED DW ELLING •.....•. 3 ,000 SQ . FT. PER DW ELLING UNIT (c ) TWO-FAMILY DWELLIN G •••.••.•••.•••.•.•.. 6 ,000 SQ . FT . (d) THREE-FAMILY DWELLI NG .•...•.••••••••••. 9,000 SQ. FT . (e) FOUR-FAMILY DW ELLING •.•••••...••••.... 1 2 ,000 SQ . F1'. (f) EAC H ADDI TIONAL RESID EN TIAL DWELLING UNIT OV ER FOUR DW ELLI NG l'N I TS •••••••..••••.•••.•••••.. l ,OO O SQ . FT . (2) PARCELS OF LANll CONTAINING 43,560 SQUARE FEET OR MORE MAY BE DEVELOPED AT A DENSITY OF ONE UNIT PER 1,089 SQUARE FEET. {~* (3) All other permitted principal uses .•••.••.• 24,000 s q. ft. (THIS SECTION SHALL NOT APPLY TO AN EXISTING STRUCTURE CON- VERTED TO ACCOMMODATE A PERMITTED PRINCIP AL USE IF NO OTHER LAND IS AVA ILABLE AND IF TI!E MINIMUM REQUIRED OFF-STR EET PARKING IS PROVIDED.) • I • • • • • • -4- 8. Perm~~~ee ee~s~~y ee~H8 sys~em. flt B&~vs ier e~~e eeeemelege~ PePMi~~ee eeee ee~e~~YTTTTTTTTTTTTTTTTTTTTT4Q STHT/fte~ e e~e 80ftH8 f&P iftePe&See lo~ 888eMelyTTTTTTTTTTT~ eTHT i&P e&eR 8S- ei~i8R&l l;GQQ s~T i~T eeeemeleeT f~t Haximvm ee~ei~y wi~h S8ftV&e8TTTTTTTTTTTTTTT7Q STHT/Re~ eepe eT Miftimvm il&&r ereeT d. FLOOR AREA . (1) MINIMUM RESIDENTIAL FLOOR AREA. (a) Single-family dwellings ••••••••••.•••••..•••.• 850 sq . ft. (b) Meeivm eeRe~~y aRe high 4eReily ewelliRge~ ALL OTH ER WELLINCS. (i) Efficiency and/or one bedroom unit •••.•.. 650 sq. ft. (ii) Two bedroom unit ••••••••••••••••••••••••. 750 s q. ft. (iii) Three bedroom unit •••••••.•••••••.••••... 950 sq . ft. (iv) Each additional bedroom .••••••••.••.•..•. 110 s q. ft. (2) MAXIMUM OFFICE FLOOR AREA. (a) THE SUM TOTAL OF THE GROSS FLOOR AREA IN ALL STRU CTU RES ON THE LOT, EXCLUDING THE GROSS FLOOR AREA OF PAR KIN G STRUCTURES, SHALL BE NO GREATER THAN 1.5 TIMES TH E ARr~ OF THE LOT ON WHICH THE STRUCTURES ARE LOCATED. iT HaMiava pereeR~age ei le~ eeYeraseT HaMiMVM pepeeftlage &i lel 68 Y6PageTTTTTT TTTTTTTTTTTTTTTT~§ {Park~ng e~rve~vree; garages; eaPpe••• a•e nel inelveee ~ft le~ ee¥erageTt • I • • - • • • • -5- ~T---Miftim~m-~se&ie-e~eft-speee., M~ft~~m-ttsa&ie-epeft-SJ•eee.,-.,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.-;!5)1; f~-ee¥eree-per~~ .. ~-eertteettre-v~eh-iefteseap~ft~-eft-eep-mey-&e-ifteitteee es-epe .. -speeeTt e. M~ft~ttm-Usable open space. M~~l!lll Usable open space •.••.•.•••••••.•.••••••••.•.•••.••• 25 % OF LOT AREA. OPEN SPACE AREAS SHALL BE PROPERLY LIGHTED FOR SECURITY. f. MINIMUM LANDSCAPING. REFER TO LANDSCAPING REQUIREMENTS IN THE LANDSCAPING ORDINANCE. g. Utilities. Utility service to buildings in new PLANNED Developments or SUBDIVISIONS MUST be placed underground. h. Minimum ~Peft~&~e-e~ lot FRONTAGE. SINGLE-FAMILY DETACHED DWELLING .•.••.••••••••.•••..•.•. 50 FT. (2) Mee~ .. m-ee..ei~y-eweil~"~TTTTTTTTTTTTTTTTTTTTTfSee-R-~-9~eeriee-Re~ttleeiefts-:-1 SINGLE-FAMILY ATTACHED DWELLING, TWO-FAMILY DWELLI NG , THREE-FAMILY DWELLING, FOUR-FAMILY DWELLING ..•••••••.•• 25 FT. PER UNI T. (3) All other permitted principal. ••.••••••••••.....••..••. None i. Maximum heis~-e~ building HEIGHT. flr--Si~~amily-a&e-meei ... -ee,.ai~y-ewell~~s.,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,. fi!t--All-eefteP-pepmieeee-pr~fteip al-tt8e8TT TTTTTTTTTTTTTTTTTTT~i¥e -f5t- 8~Pie8-plttS-~&Peeft-le¥elT-ett~-ft8e-ft~e~ep-eftltft-8iMey-feQ1-~eeeT fAlse-see-Sttpple~fteal-Re~ttlaeiefteT-Seeeieft-~~T5-7Tt- • I . • • • • -6- (1) SING LE-FAMI LY DETACH ED AND ATTACHED DWELLING AN D TWO , THREE , ANn FOU R-FAM U Y DW ELL ING ...•.•.•............ 2~ FT. (2) ALL OTHE R PE RMI'I "rED PRINCIP AL USES •....•........... 60 FT . (ALSO SEE GENE RAL REGUL ATIONS, SECTI ON 16.5) lT j. Minimum front yard. (1) All permitted principal u ses : Up to three stories .•.....•..•.•••.••••.•.....•.•.. 15ft . Four o r fiv e stories ..•••.•.•...••.••.•.•.•••.•.•.. 20 ft . Mo r e than five s t o r ies •••••••....•.••••....•..•.•.. 25 ft. JilT k. Minimum side yard . (1 ) Single-family DETACHED dwellin g •.••....•.••••.•..... 3 ft. (Total 10 feet for bo t h sides) f~~ Keeiv. eeaei~YTTTTTTTTTTTTTTTTTTTTTTTTTTTTT•ee R-~ eee~ieft f~~ All e•he• pe••i~~ee pPiReipal ~eeeTTTTTTTTTTTTTTTTTl ~ •~T (2) SINGLE -FAMILY ATTACHED DWELLING AND TWO, THREE OR FOUR - FAMILY DWELLING •.••••.•••••••••..••••••••.•.•••••.•. 5 FT . (TOTAL 14 FEET FOR BOTH SIDES) (FOR PURPOSES OF TOT AL SIDEY ARD SET BA CK , THE SETBACK SHALL APPLY TO THE ENTIRE ST RUCTURE , NOT TH E INDIVIDUAL UNITS.) (3) ALL OTHER PERMITTED PRINCIPAL USES ••••...•.•••.•... l5 FT. (FOR EACH S £DE.) Jh 1. Minimum rear yard. All permitted principal uses •••••••.•.•.....•...•.•..... 25 f et &T m. Minimum off-street parking. OFF-STREET PARKING SPACES SHALL BE OF A HARD SURFACE, EITHER PAVED WITH ASPHALT OR CONCRETE. (1) SINGLE-FAMILY DWELLING .•••••.••.•••••.••••...•••.•. 2 SPACES (2) All oth r p rmitt d principal us s .••.••.•. S Section 16.5 • • I • • - ( • • • • • -7- n. Minimum off-stre e t loading requirements. (See S~ppleMeftE8*Y GENE RAL Regulations.) ~T o. Accessory buildings and permitted accessory uses. tl~ P~i¥e~e ~e~&gee e~ eePpeP~ST P~iva~e gePages er ea~pe~~~ a~ si~Re4 eP ~ee4 EeP ~Re e~ePe~e ei ae~eP ¥eRielee ewRe4 e~ ep- e~e~e4 ey ~Re eeeYpeREe ei ~Re pPiReipal eyilaiRgt Rew eve~, ee .. e~ial veRielea &Rall &e liai~ea ~a a tR~ee-~ya~te~ {J/4~ teA eaPPyiag eapaeityT te~ HeKiMYM height; 8iRgle-feaily-er-ae4iYM-QeftSityTTTTTTT (1) GARAGES AND CARPORTS. AN ATTACHED OR DETACHED GARAGE OR CARPORT MUST CONFORM TO THE FOLLOWING REQUIREMENTS: (A) MAXIMUM HEIGHT .••••••••••••.•••.•.••..•••.•.. 18 FEET (B) MINIMUM FRONT YARD .••••••...•.•...•••..••.••. 15 FEET (C) MINIMUM SIDE YARD ..••••.•.•••.•.•••.•..•••... 3 FEET (D) MINIMUM REAR YARD: (i) IF E~TRANCE FACES FRONT OR SIDE •••••••.• 3 FEET (ii) IF ENTRANCE FACES REAR .••••.••••••.•••.. 6 FEET (E) MAXIMUM TOTAL FLOOR AREA .••.•••.•.....•. l,OOO SQ. FT. THIS APPLIES ONLY TO GARAGES FOR SINGLE-FAMILY DWELLINGS. (F) IF GARAGE OR CARPORT IS CONVERTED TO ANOTHER USE, AN EQUIVALENT AMOUNT OF OFF-STREET PARKING MUST BE PROVIDED . • I • • - • • • ,. • -8- (2) STORAGE SHED. NOT MORE THA.~ ONE STORAGE SHED SHALL BE PERMITTED PER DlvELI.INC. NO STORAGE SHED SHALL EXCEED 100 SQUARE FEET IN AR EA . (a) SHALL BE LOCATED ON REAR ONE-THIRD OF THE LOT. (b) MAXIMUM HEIGHT .•••••••••••.••••••••••• • •.•••. 1 0 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 RESIS TIV E MATERIAL.) (d) MINIMUM REAR YARD ............................. 3 FE ET (NO SETBACK IS REQUIRED IF THE WALL ADJACEN T TO THE PROP - ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIVE ~1ATERIAL.) ~~+ (3) Non-commercial parking lots. Required parking may be provided within 400 feet of the prop- erty, either within the same district or within a district which permits non-commercial parking lots. Such parking lot must be maintained as long as THE principal permitted use is maintained, OR ALTERNATE PARKING PROVIDED. ~3t (4) Service units or facilities. Service facilities or units such as, but no t limited to, barber shops, beauty shops, gift shops, coffee shops AND dining f a - cilities afte eay ea•e eeftee•a, may be permitted for th~ con- venience of the tenants. (5) HOME OCCUPATION. OCCUPATIONS CUSTOMARJLY INCIDENT TO THE PRINCIPAL USE AS A RESIDENCE WHEN CONDUCTED IN THE SAME DWELLING, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET: (a) SALES ON THE PREMISES. THE SALE ON THE PREMISES OF ANY ITEM WHICH HAS NOT BEEN MADE, GROWN, OR PREPARED ON THE PREMISES SHALL BE PROHIBITED . • I • • I ( • • • - -9 - (b) SALES OFF THE PREMISES. SALES OFF THE PREMISES BY THE OCC <J PA:-<T SELLING HOUSEHOLD GOODS SUCH AS THOSE PRODUCTS OFFERED BY AVON , AM.IAY, FULLER BRUSH, WATKINS, ETC., SHALL BE PERMITTED . (c) THE OCCUPATION SHALL BE OP ERATED ENTIRELY WITHI N THE 0\.JELLINC: UNIT AND ONLY BY THE PERSO N .JR PERSO NS MA INTAININ G A 0\.JELLIN C: UNIT THEREIN . (d ) NO ASSISTANTS SHALL BE EMPL OYE D. (e) THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREATED THEREBY SHALL NOT INTERFERE WITH THE PEACE, QUIET OR DIGNITY OF THE NE I GHBORHOOD AND ADJ OINING PROPERTIES . (f) THE OFFIC I> OR HOME OCCUPATION SHALL NOT HAVE A SEPARATE OUT- SIDE ENTRANCE. (g) INCIDENTAL STORAGE SHALL BE ALLOWED FOR ITEMS MAD E ON THE PREMISES AND/OR SOLD OFF THE PREMISES. (h) THE OFFIC E OR OCCUPATION, INCLUDING STORAGE OF MATERIALS , EQUIPMENT, INVENTORY AND/OR SUPPLIES, SHALL NOT UTILIZ E MORE THAN THREE HUNDRED (300) SQUARE FEET; PROV IDEn , HOWEVER, THAT THIS DOES NOT APPLY TO FOSTER FAMILY CARE OR A DAY CARE HOME. (i) A DAY CARE HOME FOR THE CARE OF ONE TO FOUR CHILDREN MAY BE PERMITTED AS A HOME OCCUPATION . (j ) THE USE OF ELECTRIC MOTORS SHALL BE LIMITED IN POWER, WIT H A TOTAL LIMITATION OF ONE AND ONE-HALF (1-1/2) HORSEPOWER, AND NO SINGLE UNIT OVER THREE-QUARTER (3/4) HORSEPOWER . (k) IN NO EVENT SHALL ANY HOME OCCUPATION INCLUDE THE FOLLOWING BUSINESS OR COHMERCIAL ACTIVITI ES: (i) ANIMAL IIOSPITAL OR KENNEL: • I • • • • • • -10- (ii) BARBERS, HAIRDRESSERS, COSMETOLOGISTS OR BEAUTICIANS; (iii) BODY, MECHANICAL REPAIR , OR MODIFICATI ON OF MOTOR VEH ICLE S; (iv) THE SALE, STORACE, MANUFACTURE OR ASS EM BLY OF GUNS, KNJ VES OR OTHER WEAPO NS OR AMMUNI TION OTHER THAN FOR PERSO NAL USE; (v) COMMERC I AL HEA LTH CARE FACILITIES; (vi) RESTAURANTS ; (vii) WHOLESALE OR RETAIL USES OF ANY ITEMS ON OR OFF THE PREMISES EXCLUDING SECTION (a) AND SECTION (b). (vi ii) PROC ESSES INVOLVING TH E DISPENSING, USE OR RECYC LI NG OF HAZARDOUS OR FLAMMABLE SUBSTANCES AND MATER I ALS. (NO REG ULA TION IS I NTENDED ON THE SALE OF FLAMMABLE SUB STANCES WHI CH AR E PROP ERLY PACKAGED .) (1) AL L HOME OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTM ENT OF COMMUNITY DEVELOPMENT UP ON COMPLETION OF AN I NSP ECTIO N OF THE PREMISES BY THE CODE ENFORCEMENT DIVISION AND THE FIRE DEPARTM EN T. lliN¥1R9NKBNiAb-GWI&Bh1Niill p. ENVI RONMENTAL STANDARDS. (1) Solar a nd wi nd exposure . Tall structures located adjacent to majo r open s p ace s s hould be sited to insure maximum sunlight on the ope n 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- f;!~ Pl>t ttHR!$T Plaftt maeeriale eft&Hle &e eelee~ee frea Yarie£iee eRa s~ePies ehae are aeel~eee fer speeiel eliae~ie ee~t&i~iefts feHRa wi~hift the Bft~leweee areaT A~~efttieft sheHle &e ~iYeft ~e ~ke eiee a..& eheree~er ei ae£eriale whieh will pre&wee £he 4esi£e4 lafte&eape& effee£T Previeiene ehewle &e made fer irri~e~ien ane feeeift~ eye~eaa efta plaeeaent fer preper aaiftteftanee efta preeeetien ee iftewre maewre ~rewth ef the plante~ f~t~ Plan~ aa~eriale ehewle he arraft~ee ift a Maftfter te eear~eaeftt £he erekitee~wral ~weli£y ef pleas ereaeT {9} Deei&wewe ~reee ehewla 9e wee& iR pleaa areas ~e allew s wR - li8R~ awrift8 ~he wiR~er .. ntheT {~} (2) Parking. (a) Parking areas should be screened from public v iew by landscaping. (b) The use of berms should be encouraged along the major street system to complement the planting effect a n d to p rovid e a protective separation and sc reening device be- tween pedestrian and vehicle. PT q. OTHER PROVISIONS AND REQUIREMENTS. (1) NO TRUCK EXCEEDING SEVEN THOUSAND POUNDS, EMPTY WEIGHT, NO AUTOMOBILE TRA[LER, BUS OR MOTORIZED RECREATIONAL VEHICLE ~XCEEDING 22 FEET IN LENGTH, AND NO TRUCK-TRACTOR OR SEMI- TRAILER SHALL BE PARKED OR STORED ON ANY ZONE LOT. (2) LIQUEFIED PETROLEUM GAS INSTALLATIONS SH ALL 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 SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS . • I • • - NOTE: • • • • -12- 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 • • - • ( ( Section 16.4-11 B-2 Business District. • • • Rev. 5-2-84 4-11-84 2-29-84 3-13-84 This District is composed of certain land and structures used primarily to provide URBAN RESIDENTIAL USE, retailing and per sonal services to TilE RESIDENTS rounding area. The B-2 District is usually located on major access routes £e-£ke Seft~ei-B-.ifteee-Si&e~et and is easily accessible from the surrounding residentia l a. S!Ppie.eR~ePy GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5, s~,pie.eR~y GENERAL Regulations, unless otherwise provided for in this Ordinance or an amendment 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. Permitted principal uses. No building structure, or land shall be used an d no building or structure shall be erected, structurally altered, enlarged or maintained unless otherwise provided for in this Ordinance, except for one or more of the following uses : (1) Any use permitted in the B-1 Business District; {2) Animal hospitals (kennels to be enclosed and the runs enclosed by a fence six [6] feet high); (3) Auction houses; (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAl VEHICLE WRECKING DISMANTLING OR JUNK YARDS . (5) Drive-in ~ype eating or drinking establishments; (6) Feed and seed stores (excluding the sale or storage of hay); • • I • - d. • • • -2- (7) FOOD LOCKER STO RAGE; f+t--6&Pe~ea-fer-eemmere!al-aft8-pH&l!e-H~il!~y-¥eft!eleat (8) Gasoline and oil service stations; (9) Hospitals and convalescent homes; (1 0) MOTOR VEHICLE SALES OR LEASE; (11) Mortuaries; (12) Motels aeeer-e~reaT-&He&-e&HP~a-f~er-~Pafta!eft~-Hae-eftly-aft8 (not including trailer courts); fl2t--9Heeeer-eeaaere!al-a8¥ereiain~-8e¥ieea-fft&-sHeft-8e¥iee-shall-&e plaee8-sa-aa-~a-~aee-afty-Res!8eneial-&eneT-pHhlie-park-ar-parkvay !~~!~ftia-&fte-ftHft8re8-flQQy-~ee~-eftere~remtt fl~t--~eraiftala-~ar-pH&l!e-erafts!e-¥eh!eleat (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. fl41--~ra!ler-aeles-laeat fl5T--Hse&-ear-l&est (16) 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. Accessory uses. (1) Any use incident to the above Permitted Uses, when located on the same building site as the Permitted Use. (2) Swimming Pools --semi-private, semi-public, and public. (See S..,.le-near, GENERAL Regulations) • • I • • - c e. • ( • • • • --- -3- Conditional Uses . Provided the publi c interest is fully prote cted and the following uses are approved by the Commission (Se c tion 16.6 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 limitation as required by this section: (i) 1,000 feet 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 Comprehensive Zoning Ordinance, -Ord:tr-tt..-e-~. ~. Series ~-i-967.-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 residential zone district in an area adjoining the City of Englewood, or any religious institution, publi c park, public library, community center, or educational institution, wh ether within or without the City of Englewood. (b) Measurement of distance. All distances provided herein shall be measured as follows: (i) With respect to the distance between a location for whi ch an adult entertainment or service facility is proposed and a location where such a facility exists, the distance shall be measured by followi~g a straight line from the nearest point of th property line of the proposed licensed premises to the nearest point of the property line which is the existing licensed premises. • I • • • • • .. • -4- (ii) With respect to the distance from the boundary line of a residential district or any religious institution , public par k , public Jibrary, 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 nea rest point of the property line of a religious institution, public park, public library, community center, or educationa l institution. (iii) 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 shall be measured from the nearest point of the property line of the land proposed as a loca tivn for an adult entertainment or service fac i lity. Where the proposed location of an adult entertainment or service facility i s 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. • I • • - ( • • • • • -5- ~ -eftae8~~F4~~r-44r~J;.~~£-~l}. (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 whi le waiting to 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 a djoining 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 Department 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 a way from adjacent residential properties. {A-..-nlled ~-~.dJoaoce i2b..-~.i.e£..~.L.l.9B.2...~ (4) Amusement establishments including, but not limited to: Billiard Halls, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Games, Night Clubs, Outdoor Commercial Recreat i onal Facilities, Pool Halls or Skating Rinks. ~ ~ ~ 9rtU:fteftee Ni!8, SertetJ of 1:-98~:-)' • I • • • • • • -6- (5) MINI -STORAGE . LIMITATI ONS : NOTWITHSTANDING THE REQUIREMENTS OF THE ZONING O R DIK fu~CE , AND OTHER ORDINANCES AND REG ULATIONS OF THE CITY, ALL MINI-STORAGE USES ESTABLISHED AFTER TH E EFFECTIVE DATE OF THE ORDINANCE SHALL COMPLY WITH THE FOLLOWING LIMITATIONS: (a) PERMI TTE D USES; GENERAL. NO OTHER USES OR AC TI VIT IES OTHER THA N RENTAL OF UNITS OR SPACE FOR DEAD STORAGE SHALL BE PERMITTED 0 THE PREMISES, EXCEPT FOR OFFICE SPACE AND LIVING QUARTERS NECESSARY TO , AND INCIDENTAL TO, THE MANAGEMENT AND OPERATION OF THE BUSINESS. THIS PROVISIO N SPEC IFICALLY INCLUDES THE PROHIBI TION OF ANY ACTIVITY SUCH AS AOTO REPAIR; AUTO OR FURNITURE PAINTING AND REFINISHING; ELECTRICAL EQUIPMENT OR ELECTRONIC REPAIR OR ASSEMBLY; OR ANY OTHER LIKE REPA IR , REFINISHING, OR ASSEMBLY ACTIVITY BY TH E O W ~.E R, OR AGENT THEREOF, OR BY LESSEES OF STORAGE UNITS OR SPAC E. (b) MINIMUM LOT AREA. NO MINI-STORAGE SHALL BE LOCATED ON A SITE HAVING AN AREA OF LESS THAN ONE (1) ACRE. (c) MAXIMUM LOT COVERAGE. LOT COVERAGE OF ALL STRUCTURES SHAL L NOT EXCEED THIRTY-FIVE PERCENT (35 %) OF THE TOTAL LOT AREA. (d) MAXIMUM BUIL DING HEIGHT. BUILDING HEIGHT SHALL NOT EXCEl .D THIR TEEN (13) f eet. (e) NUMBER OF STRUCTl 'RES. STORAGE UNITS MAY BE LOCATED WITH J A SI~GLE STRUCTURE OR MULTIPLE STRUCTURES ON THE SAME LOT. (f ) TYPE OF CONSTRUCTION. i. ALL STRUCTURES SHALL BE CONSTRUCTED IN CONFORMANCE WI TH THE UNIFORM BUILDING CODE. ii. ALL DRIVES, PARKING AREAS, AND, WHERE PERMITTED, OU TDOOR STORAGE AREAS SHALL HAVE A COMPACTED BASE AND SHAL L BE PAVED WITH AN IMPERVIOUS MATERIAL WITH A THICKNESS OF NOT LESS THAN FOUR INCHES (4") . • I • • - • • • • • • -7- (g) CIRCULATION, PARKI NG AND LOADI NG . i. CIRCULATION. ALL DR IVE S INCLU DING LOADING LANES Wl THIN TH~. SITE MUST BE AT LEAST TWENTY-FIVE (25) FEET IN WIDTH. PUBL IC ACCESS AND EGRESS SHALL BE RESTRICTED TO A SI NGLE LOCATION ALON G A PUBLIC STREET. THE PUBLIC ACCESS SHALL BE EQ UIPPED WITH A GATE WHICH SHALL BE CLOSED DURING HOURS THE BUSINESS IS CLOSED, AND SUCH ACCESS POINT SHALL BE FULLY VISIBLE FROM THE MANAGER'S OFF ICE. AT LEAST ONE ADDITIONAL ACCESS POINT SHALL BE PROVIDED WH IC H 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 MANAG ER'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, WHICHEV ER IS GREATER. TWO (2) ADDITIONAL PARKING SPACES FOR EMPLO YEES SHALL BE PROVIDED AT THE MANAGER'S OFFICE. b. A MARKED LOADI NG LAN E SHALL BE PROV I DED 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 STORAGE OF ANY ITEM . LOADING LANES SHALL BE A MINIMUM OF NINE FEET (9 ') IN WIDTH. (h) OUTDOOR STORAGE. OUTDOOR STORAGE MUST BE LOCATED ON THE SITE AND/OR SCREENED IN SUCH A MANNER SO AS TO ELIMINATE THE VISUAL IMPACT OF SUCH AREA. • 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') WIDTH 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 MAY INCLUDE FENCING,STRUCTURAL WALLS, OTHER MEANS OF ENCLOSURE, OR ANY COMBINATION APPROVED BY THE DIRECTOR OF COMMUNITY 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 FLAMMABLE 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 COMHON GARDEN AND INSECT SPRAYS IS PROHIBITED. THIS PROHIBITION SPECIFICALLY INCLUDES MOTOR OIL AND • • I • - ( • • • • -9- GASOLINE CONTAI NED IN ~~ INTERNAL COMBU STION ENGINE OR VEHICLE; ANY LI QUID OR GAS WHICH IS CONTAINED UNDER PRESSURE; AND ANY OF THE POTENTIALLY DANGEROUS CHEMI CAL COMPOUNDS COMMONLY ASSOCIATED WITH MAINTENANCE AND REPAIR ACTIVITIES. (k) MAINTENA NCE . THE EXTERIOR OF STRUCTURES AND GROU NDS SHALL BE MATNTALNED IN A NEAT, CLEAN, AND ORDERLY MANNER. THE OWNER, HIS AGENT OR MANAG ER SHALL PROVIDE AT LEAST ONE CLOSED DUMPSTER-TYPE TRASH CONTAINER FOR EACH FIFTY (50) STORAGE UNITS AND SPACES. SUCH CONTAINERS SHAL L BE EVENLY DISTRIBUTED THROUGHOUT THE SITE IN EASILY ACCESSIBLE AND CONVENIE~~ LOCATIONS. (1) SIGNAGE . SIGNAGE FOR MINI-STORAGE DEVELOPMENTS SHALL BE LIMITED TO ESTABLISHMENT IDENTIFICATION AND DIRECTIONAL PURPOSES ONLY, AND SHALL BE IN COMPLIANCE WITH THE PROVISIONS OF THE SIGN CODE. (m) MANAGEMENT. i . THERE SHALL BE EMPLOYED ON THE PREMISES OF ANY MINI-STORAG E DEVELOPMENT A FULL TIME MANAGER OF THE OPERATION. SUCH MANAGER MAY BE "LIVE-IN", PROVIDED THAT A PERMANENT RESIDENCE WHICH MEETS ALL THE REQ UIREMENTS OF THE CITY FOR RES I DENT I AL OCCUPANCY IS LOCATED ON THE SITE. ii. RENTAL OF ANY STORAGE UNIT OR SPACE SHALL BE RECORDED IN A WRITTEN LEASE AGREEMENT. SUCH DOCUMENT SHAL L, AS A MINIMUM , CONTAIN CLEAR STATEMENTS OF ALL LIMITATIONS AND PROHIBITIONS CONTAINED HERE IN. A COPY OF SAID LEASE SHALL BE KEPT IN THE OFFICE OF THE MINI-STORAGE OPERATION AND SHALL PROVIDE THE FOLLOWING INFORMATION: a. NAME OF LESSEE: b. BUSINESS NAME (IF APPLICABLE) AND NAME, ADDRESS TELEPHONE !oF APPROPRIATE CONTACT: • 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 THESE REGULATIONS. SUCH INSPECTION 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 CURRENT 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. iv. IT SHALL BE THE JOINT RESPONSIBILITY OF THE OWNER, HIS AGEN T 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 THE CITY. • I • - • • f . PROHIBITED USES . (1) MAN UFACTURING; • • • -11- (2) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVAT E AND PUBLIC PROPERTY; (3) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANC ES, FURNITURE , OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVAT E OR PUBLIC PROPERTY; (4) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES, EXCEPT AS PROVIDED IN SECTION 16.4-11 e 5; (5) SALE AT WHOLESALE; (6) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BE EN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE T~IPORARY STRUCTURE. ~T---6&Pnep-la~aT--9ft-eerner-le~a-~he-ee~eaek-a~-~he-fP&fte-ei-~e-&n~la~ft~-shell ee.pl~-wi~~~h-~he-ae~eeek-~~iPe~~-ef-~e-~Pee~-.p&a-wftieh-~he-iraft~ af-~-e.i!eift~-ieeeeT--~-eiee-ei-~he-~ieiRR-eheli-&e-ee~-eeek-~-Ra~ leee-~heR-ene-heli-f~+-e~-~e-iraR~-ee~eeek-re~~iPee-iar-e~ile~~·-aR-le~s fr&R~ift~-~peft-~he-s~ae-s~Pee~T-eMee~-~he~-wftere-~hePe-ere-R&~-la~s-freR~!ftg ~peR-~ha~-s~Pee~T-~he-siae-~ere-~~ire~~s-afti~-shall-a~~i1T--Where-eR a~Rift~-~peR-e-s~e-er-~~eP~1-iiRe-.. ~-ee-pre¥~eea-ier-~eee~rieR-~eeT e-aiR~~-ae~eaek-ei-~hree-f~+-iee~-shall-ee-~Pe¥ieeeT g . Maximum height of buildings. fi+--Fe~r -f4+-a~er~aT-&~~-R&~-~Pea~er-~heft-iii~~-f5Q+ SIXTY (60) feet. fa~--Re~iee-~-9PST-N8T-2&T-SePies-ei-i9&8T7 h. HiR~~-yere s SETBACKS. No 1•res SETBACKS shall be required; provided, however, that where a PROPERTY ZONED B-2, Business Sis~rie~. abuts upon any PROPERTY ZONED "R" Residential District,ai-~1i4Wl i.A tAa aama b.l.ock. .. the residential FRONT yard requirement of the abutting Residential • I • • - NOTE: • • • • -- -1 2- District shall apply to that portion of th e PR OPERTY I K THE B-2 Business District wi~kift SHek &leek exce pt a s t o sid e y ards on co rn e r l o t s . i. Minimum o ff-s tree t privat e park i ng ami lo a <.lln~.;. (S ee SHpple~ft~&fY GENERAL R e gulati o n~.) j. LIQUEFI ED PETROLEUM GAS INSTALLATIONS SHALL BE PERM ITTED ONL Y FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUI PMENT . LIQUID PETROLEUM GAS TANKS IN EXCESS OF 500 GALLO NS (WAT ER CAPACITY) WILL NOT BE PERM I TT ED I N THIS ZO NE DISTR I CT . LIQUEFJ ED PETROLEUM GAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. In order to bring the Comprehensive Zoning Ordinance und e r t he 1969 Englewoo d Muni c ipal Cod e , as amend e d, "Titl e 16" has hc c n assigned to the amendments being made to the Ordinance . This r e - places "Title 22" of the 1962 Englewood Municipal Code. • I . • • • -- Ct-u !L c_J fo (LLJ 1:.1_, J'J)') \ . 1 ;{/fcf. I AGENDA ITEM P ~E~EDBY __________ __ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain "1gaay Neal Vobe i da Weist Bllo Bradsh~ Otis MOTION: I . . • • • • • -- AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Hlgday ,__ Neat )-.-- Vobe;da L---- Weist '-- Rllo v-- Bradshaw v Otis '-- MOTION: I • • • • • • • AGENDA ITEM _/ __ tf.-__ _ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ~ I--He a_!_ 1---Vobuda t--W~st 1---_k" Bllo ..!:::::::_ ..1:::::_ Bradshaw y Otis £.-- MOTION: I • • • • • - • • AGENDA ITEM ~d""'-+---- PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vob~jda Wejst _.IJ 12_ Bradsh- Otis MOTION: I . • • • 1- • • AGENDA ITEM ·~ J -~---PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay Neat Vo be j da Weist Bllo Bradshaw Otis MOTION : I • • • • • - • • AGENDA I TEM v t,__... PRESENTED BY -------- ROLL CALL Moved Seconded Abstain Hlgaay ,___ Neal L-- VobeJd a t - Weist I ~ Bllo 1 /' Bradsh.w 1_ Otis _l I . • • • - • • AGENDA ITEM ~ tf"<--PRESENTED BY ,&. ;(2)1.Lt2. ?{ J Hoved Seconded Ayes Nay Absent Abstain MOTION: • I . • • - • • • • • AGEN DA ITEM ----PRESENTED BY ------ d.£ J 0...L .J Q..C cf I /.31 l tl...L J.tLJJ ft l ,['t.l c-1~ -M "I -1'1 a( ~ !~ ,7 . ./1...L v o.... • .~ 0--' Ja--r__, ./1u: .1. ;;hJo d--' ~ . 6 f -C_() ..... L..t.-<. 'lL€.,..:__ o...Y....~ ~ ~~'} ,_ La r-v -J I 0 '7 ,_£ q ~ ; ..A.-( (i 0 /L .Jt2-t~ ... )_t . ., --r;__.-v IM_., --G. -d; ~ 13-~; v_ /. J <2cL ~'\l ... C d ·1£-,.;), '---1 ~ .1 ,v ~::~ .;(ju_ fuc-( -~')\ d L4 C ~£ ) L' q/ v&.e Moved Seconded MOTION: ru ~ \,(). -G_'l(l r-~r!l 1L.f l-. I )j ~ tUJ__, r ~ <?_ k_,tc ,cIt- ROLL CALL Ayes Nay Absent Hlqelav Neal Vobeida Weist Bllo Bradshaw Otis • Abstain I . • • • • AGENDA ITEM ----PRESENTED BY ------- d ~ :J ~u , .:.> J I 0>. '/-I "::> .. (J. .u -.~ ~ ~·u;r• y,u.--.--/-. ~ Cle '!t-VJ-tj a /Vl'<-OJ_t-:Lt ~ :<)~ ~-r ~-&.J- "1 t zt.<. ) ~ .__ C t$tA-i'--~ '1. 'LO. tf\..J ~ c;<.__.-, ·J ~ J!.CL+"fKl ~ 'f U J /-:J J.;UI~ d~ .) Jf -.-t.{__'ll \ \L cP .tz· i' )__, ~ ' (1.--Lt .I 2/'l ~ J.· tlu I tuj -::j ( ~~ #' dJ_ l LL 'J> r\C._;;t-' ~( u. 0 .,_~ a <{_(_:r-:-1, It )-/(.("!I ' f. I "Ar rj {p ,( y< -(! ft t• )L ~ 0-·s' ?e_a v _;. ....,_~ C t1 -;)'U J -I ) ~ 0 -cU ~ ..(_ t ~ -{ c U dl o.--'-" <VL u c_~A.V!_, (;_p_ ~,· -~ f C'L w._:_th~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain "RTiiCCiY Neal vobe,da Weist 8110 Bradsh- Otis MOTION: • • I . . • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bllo Bradshaw Otis MariON: I . . • • • • • AGENDA ITEM ---- PRESENTED BY ------ ~ 0 AH'~-"''-~ ~---~ _u-o<.j tf S.-1 S '-:::/ tLL "-f tt-f ,;l_~ · 2:;{__:;;__--tf±_~----- • -y~ ~ dL-u~r ~ -c_;c~ ;___ J rrv p') s ~l ~u_ra_,J. ~~ tz/~ CLt.A./0--~ cP-0--t. c_ I t(_ <-Cu_a..JZ.~ J-Q t'-, -eP • ~}' . J etc u. 1. r o--,__c U · ; (.,_I '( G~:! ~~ -'-~ ~' .'F,-,;vrd( Koved Seconded MCYriON : -Hlgday Neal vobeida Weist Bllo Bradsh.w Otis ~f-\) ~t>-' A;bu.L~L'--'. I d£-,v -::</ lt) mY'; ~ I • I . . • - • • AGENDA ITEM ----PRESENTED BY ------ d criA ;t_cZ ~ 'Lf __f /)l o.-r w { ./ _JLc, c v F~/)C ~ -~ ~fL o -a fA:A V -n'-1 ft o--.-tk.t ,kJ-:r1~ ) rJD _; -~ ~ . ~ ~~~ .3-,U t..u..f_, tluJAJ (\ 0. t.L _xl.-LL .:> j~-t:-~~ -'U it ~£ <-..:_, • Cl_J r~ Z~ I V )OL'--"av<--L ~ & --~ ( C.{ i j_e c_l. L-'-f. ~-t. ~fa t ~lj t.f . /> d-1 JD tl.-<-t ~" j-- -,·'J L< J ~ ' c-d! T Hoved Seconded Abstain Hlgdav Neal Vobe1da Weist Bllo Bradsh- Otis M<Yl'I ON : • I . . • • • - • • AGENDA ITEM ----PRESENTED BY ------- \;~ S ~.r~ -kl (IQ. <-<f a · c_ .')(J "t.t -:> -t 1 -~ti....IA... tL L < ) j.:.-t '\l.O-·~it....o _ tJ-f.--<-ll-\ .)/1'--/) L -y ~~J ~ ( ~-f"ul ~\A....t L U~t.J I!Y\ JU~,~ Xl curUfcv . -tae~. >~ <-{ :J J._c -.::::>-0 C"'}) ~0 c<l ~-)11( ct-eu a f t( _ _j_"--v--f<-0-t-r>U-w c![~ '-&_cv ~ .-4-;'L ~ _. -/l t:J J..< G~ ~ ._A./ / , /).t /u_c.f_;;_.> _., U_il £' QQ' Y)V___,.,-x.._; 6 e ')~ t<L { Q C ~u l"L{J.._£ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MCYI'ION: • I . • • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain IITQ(fay -- Neal - Vobe1da Weist I v 8if0 v Bradshaw I Otis I I • • • MOTION: (;2-t '---' • • • • • AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay r-_ Neal Vobe1da Weist "' Bilo Bradshaw Otis MOTION: I . • • - • • AGENDA I T EM ----P RE SENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay t---Neal Vo b eid a Weist 1 Bi lo _1 k Bradshaw 1 Otis I I . • • • • - • • AG E NDA I TEM -----PRESENTED BY ------- ROLL CALL Hoved Seconded Ayes Nay Absent AbstaIn H1goay Neal Vobe1da Wei s t v Bllo I p Bradshaw I Otis I MOTION: I • • • • • • • AGE NDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday v Neal Vobeida -Weist I _V Bi lo Bradshaw I Otis I MOTION: L I • • • • • -~---- AGENDA ITEM Moved I.--- MOTION: ----- Seconded t11Qdav p. Neal Vobeida Weist Bllo 'II Bradshaw Oti s I (p . c!-Y '---3 (Y ~ ~ J!..ctJ--~ • • • / PRESENTED BY ------ ROL L CA LL Ayes Nay Absent Ab sun - I f I I • • • • - • • --~------~~ / AGENDA ITEM PRESENTED BY -------------- ROLL CALL Moved Seconded Ayes N ay A bsent Abstain HIQdav v Neal Vobeida 1--Weist Bllo Bradshaw -Otis {_ ' <(_ !(, Cf -I r 11 '-'1 )"~ '-- &__t;_ ~ + (ei '1'UL 1'1l.-12Ae.J tic t:.-t' z '{- 2L(J} dt-12-o /)Lt ~ clc~~ MOTION : • I • • • • • .. • / AGENDA I TEM -----P RESENTED BY -------- Nay Absent Abstain ROLL CALL ~u ' ~(_ /l(l/l~(/~ Moved Seconde~ Ayes IITQday ~ Neal Vo bejda Weist J IIllo Bradshaw I Otis I I MOTION: I • • • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday t-- Neal v-- Vobe1da L.---- Weist v Bllo [/' Bradshaw ~-- Otis v-- MOl'ION : I . • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Hlgday Neal - Vobeida Weist I --Bllo I r Bradshaw r Otis I I . • • • - • • AGENDA ITE M 6 (',.___., _J &, b PRESENTED BY I tn (' /'U H. ROLL CALL Moved Seconded Hlgdav v Neal Vo b eida -Weist I Biio I v-Bradshaw I Otis I I • .I ..... ~ . /)" AJ('(l_L' ,b) 66 : CLt I M<Yl'ION: : J d~ '= f;7 2 t (_ ft; 6 rJ L'lr '23 (r ), . J • ( • • • - • • AG ENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain llTQCJiY ,__. Neal - Vo b eid a Weist I v Rlln Bradshaw I Oti s I MOTION : C I • I • • • • • • • PRESENTED BY /) l (_ ( Cl t t c ./L 2 ~ &!."--/ __ )>[e..a...u rv \ , .J..-t_ :;:( iu_.LC }r_f.-c. /Y¥-'VY'-L-0 ~-:1_'---' ~ •• NIF ou_f_J l.u_ Cc~'"--c_l, '---'C{_--.1 {)-{,-u.<-> tv '\'\1--'\. • • 'S._,~ ~ ,_ t \ Ct--L.J ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday v---Nea_l Vobejda We_l_st Bi lo l_ v Bradshaw l_ Otis I C[(v .... t 6 LJU-~ l.u./ C6-~ (; c r f e_ <-( 'G (_ (~ -C .t<JL '~-)LL fl MOTION: I . • cl L ~ /'1 .'---f• { C (u ~ _.,£1t ~ 1 / . 0 J_ (_, rj 6-{ C {Y,)! (~ c_~ V. t. l, C.-L ;( /-1.1 J L tt l .:l '-f3 ~ ~-~ ;Z fu._ ~. l (I v----" L~....RJ:o ·-c J-.rf!t. ~ 'LJ c_.e z~...... c<. ~ c___ ( k c.L • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded "1goay - tr Neal Vobe1da Weist Bi lo I y Bradshaw I Otis I MOTION: Cr 0 I • • • • • - • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Hlgday - f _ Neal - Vobe1da Weist l (.--8llo Bradsh.w I Otis I MOTION: • I • • • • • - • • AGENDA ITEM 1 b · PRESENTED BY -------- u.li ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlga~ v Neal Vobe i da Weist Bl lo y Bradshaw Otis u h ---MOTION : • I • • • • • • • AGENDA ITEM __ 1:..__C..._. __ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal Vobejda '--Weist I Bllo I ......... Bradshaw I Otis I I MOTION: I • • • • - • • AGENDA ITEM 7£. PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111g<1av - Neal - Vo beida v Weist -I Bllo I r Bradshaw I Otis MariON: I ? 1 • I • • • • • - • • AGENDA ITEM PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gaay Neal Vobe i d a 0 r Weist j_ Bllo v Bradshaw j_ Otis 1 • I • • MOTION: {>' JO f t_ (l , - ~----- 1 )' L? ~l'(· cv .. t .. .J 1)?_ (~, 0 -((t}L /'~.-n, ./t; .. ,J ·, • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hladav NeaT Vobeida Weist Bllo Bradshaw Otis MariON: • I • • • • • • • AGENDA ITEM PRESENTED BY -------- -ittL'fL (_r -v'--0 d 1/.,J_..,_ '"2 ~ --- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Htaaay y---Neal - Vobe1da -Weist I Bllo I j/ Bradsh-I Otis { MOTION: Lr J. k I q (r;::tJ(). :rr I • • • - • • • • • • AGENDA ITEM ----PRESENTED BY ------ {ta a__( )JZl 0 Ut'YL<J fr ·t n 1 .--t.;] /) {Lr ,~~ --c J3c,_J , !c--J/3 Y>-j"-' "'-j-"-Jil" f_ c'L~ ~r. ROLL CALL Moved Seconded Ayes Nay Absent Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOT ION: • Abstain I . • ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado April 9, 1984 /()_ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 9, 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 Council Member Higday. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Members Neal, Weist. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown * * * City Attorney DeWitt Assistant City Manager Vargas Deputy City Clerk Owen * * * * COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER "THE BROADWAY PLANNED DEVELOPMENT" AT 5200 SOUTH BROADWAY. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Neal, Weist. The Mayor declared the motion carried. • I • • -• • • April 9, 1984 ~ Page 2 • Mayor Otis stated the public hearing was to consider the Broadway Planned Development at 5200 South Broadway. Mayor Otis asked Dorothy Romans to make the staff presentation. Dorothy Romans, 3600 South Bannock, Assistant Director of Community Development (Planning), presented the subject property located east of Broadway, east of Big Dry Creek, behind Burt Chevrolet and the Target Store. Ms. Romans submitted for the record the certification of posting and a copy of the public notice which appeared in the Englewood Sentinel on March 21, 1984. Ms. Romans stated the site encompasses approximately 20 acres and is zoned R-3 multi-family. The planned development would involve some 290 dwelling units which would be either condoniums or townhomes. The access to the side would be off of Broadwuy and there would be no secondary access. Ms. Romans stated certain agencies were contacted for input as it related to street standards, etc. Ms. Romans stated at the Planning and Zoning Commission's public hearing the discussion revolved primarily around two units on the east. Ms. Romans stated the Planning Commission approved the planned development with the following conditions: 1. Some areas of the drive lanes may need to be designated as "fire lanes" as determined by the Fire Marshall. 2. The proposed design of the water system for fire protection purposes must be submitted on blueprints and approved prior to permit issuance for building construction. 3. The water system for the property must be designed to supply enough water to meet the required fire flow calculations and must provide an adequate number of on-site fire hydrants, 4. All fire hydrants and access roads must be usable immediately prior to and during any construction involving combustible materials. 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 storage lane for southbound traffic existing from site. 7. The street providing access to the site should be named as per metro area grid system, . 8. Egress from the site may be limited to right turn only if the number of accidents increase at this intersection. • I • • • p, April 9, 1984 Page 3 • • • 9. The 100-foot drainage easement should be expanded, where necessary, to include the entire Big Dry Creek channel to the top of the bank. 10. A maintenance access right across the private drives and parking lots as well as two ramps from the top of the bank to the chann 01 bottom should be provided to the Urban Drainage District. 11. The 100-year flood plain limit should be shown on the Development 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 faciliites 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. * * * * * * * Mayor Otis asked for comments from the applicant. Mr. Dale Boyd, COM Companies, 950 South Cherry, developer of the site, came forward and provided information concerning COM's corporate experience. * * * * * * * Mr. Bill Baer, Baer ' Hickman Architects, 2910 East 16th Avenue, Denver, came forward and provided information concerning the specifics of the proposed planned development. Mr. Baer noted the area was currently zoned for the proposed development and studies have proven the zoning to be appropriate. Mr. Baer stated after a meeting with nearby home owners who expressed concern about the two eastern units being too tall, there is a revision proposed that would lower the height of the subject units. The revision allows for improved vision over the units. Mr. Baer stated the developer has also agreed to widen the bridge. * * * * * * * Mr. Steve Kellog, Kephart Associates, Inc, 8SO Lincoln, came forward and displayed drawings and a model of the proposed unit&. In response to Council Member Vobejda's question, Hr. Kelloq assured Council that the height met code regulations. • I - • • April 9, 1984 Page 4 * * * * • • • * * * Mayor Otis asked for area-citizen comments. Roy Lininger, 5 Sunset Lane, Littleton, came forward. Dr. Lininger explained he no longer had objection to the plan since meeting with the developer who agreed to lower the units. Dr. Lininger expressed concern about increased traffic but noted this was more of a municipal problem. * * * * * * * City Attorney DeWitt asked that all maps and drawings be made a part of the record and that the model exhibited be made available to the City upon request. Council Member Higday asked Hr. Boyd questions concerning ongoing maintenance of the area. Hr. Boyd stated maintenance procedures were set forth under the State of Colorado. Council Member Bradshaw complimented both parties on working together on this project. * * * * * * * There were no further comments. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Absent: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Neal, Weiat. The Mayor declared the motion carried • * * * * * * * City Attorney DeWitt noted Council had 30 daya in which to make a decision. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE PLANNED DEVELOPMENT AS PRESENTED IN THIS MEETING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - • • .,,~ . II ' • April 9, 1984 Page 5 Ayes: Nays: Absent: • • • Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Neal, Weist. ' The Mayor declared the motion carried. Council directed the City Attorney to have the ordinance prepared by the next regular meeting. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:15 p.m. r~,..:~QW4.! utYC1ty ~k • I • - • • • PUBLISHER'S AFFIDAVIT STATE OF COLORADO. COUNTY OF Arapahoe 0\')n na A. Sh.ear cso solemnly aweer that I em the p.ub.li.aher . I )II I .. ... the .. Englewood . SentiDel that the ume ia • WNktw newspaper pu-...... 10 the City ol .... _,Englewood _ Cour~tyot Arapahoe State o l Colorado a nd ha5 a general c.,cul alton !he re m. tnat U 1d new,gaper has been publ•lhed con t1n uoustr and unmterruptedty m 111d Co~m tyot Ar &pahoe lor a per.od of more then 52 weetca prlot to tN ftrst pubhca1 10 n ol the anne•ed not+CI , t~t aM newspaper 11 entered '" the post otftCI at En glewood Colo• ad o as secona cl ass ma •l mttter and that tne n•o newapaper +li a n..,tpapef w•thtn lhe m ean tng ot the act of the General Aaemoty o1 tne Stale ol Colorado apptovecl March 30. 111'3, ana entl ltea Legal Not,ce• ancl Adven...,...,... .. lr'd UIMi r ICit te41h"ff to tM prlnl ... eNI puot sn1n g ot legal notten lind ~tltmente , 1na 1 lhe a nn eaeo nottce •II publlahed lfl the r eg;.~'ar ana tntlf e 1 11~ of utd ~. once each wee•c on tf'le Mme dey of eKh week for th e pettod ot CO OIICUIIWI lnMfiiGnl thai the t•tl • • • _Of,.,__ _ .. _.....,_ .. etorCoun- ...... CIIW .. .._.... ... ,_. __ ... __ .... , ..... .. 7:. , ....... 100ft ...,....., .. oounoM cen ,_ • ....,. 1ft tM C0Un11 QhMt. llonoiCIIf-.----· .._....~·--·-........... -......... ~ ........ ~·-"' c.;;;;;;iii .... , .. -..... . , __ .... __ .. ::::::.:~-:.=:-=:&~ ___ .. _ ......... _ .. , .. ______ _ "'": ::: .. ":.:'" c: .. Cir .. ........ ~ .. -.... ~·-............. ,ol Gory"· ...... \, ·-oor---r-"*-...,m_,._, .. E--' • I • • - • • • • • • Section 16.4-10 B-1 Business District. May 2, 1984 April 11, 1984 March 1 3, 1984 February 15, 1984 December 20, 19 83 December 7, 1983 June 7, 1983 May 18, 1983 December 21, 1982 THE B-1 BUSINESS DISTRICT IS A MIXED-USE DI STRICT WHICII IS APPL IED TO THE CENTRAL BUSINESS SECTION OF ENGLEWOOD. THE DISTRICT IS DESIGNED TO CREAT E AN ENVIRONMENT HAVING URBAN CHARACTERISTICS WITHIN A RELATIVELY SMALL AREA OF LAND THROUGH THE CLOSE PROXIMITY OF ACTIVITIES, THE INCREASED SOCIAL AND CUL- TURAL OPPORTUNITIES AND THE POSSIBILITY OF CHOICE IN ONE 'S CONTACTS AND AS- SOCIATES. WITHIN THIS DISTRICT, THE TREND WILL BE AWAY FROM THE MONOTO ~~ OF SEPARATORY LAND USE AND TOWARD THE VARIETY OF LAND USE ALTERNATIVES WHICH WITHIN THIS DISTRICT are M&ee p~i•a~!ly THOSE WHICH provide retailing and personal services to residents WITHIN THIS AREA AND TO RESIDENTS of the City a nd the surrounding area. IN ORDER TO MAKE THE CENTRAL BUSINESS DISTRICT VIABLE 24 HOURS A DAY AND NOT JUST DURING THE TRADITIONAL BUSINESS HOURS, MEDIUM AND HIGH-DENSITY RESIDENTIAL UNITS ARE ENCOURAGED. The uses permitted within this District are those that will provide the maximum amount of service to residents of the Gity AREA and will be a. SMppleaentaPy GENE RAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5 , &Mpple.enta~y GENERAL Regulations, unl ess 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 • • (1) Ambulan ce serv ice; (2) ANTIQUE ST ORE; -2- • • • (3) Assembly halls or auditoriums; f~* ~y Hse iR~eftaee ~e previae emHsemeR~ er en~erEe i nm en E e n peymeftE e£ a iee er eemissien eheP~eT (Re pealed by Ord . #28 Series of 1982). f4~ ~Y Hse in~enaea •e pPeviae heel•h EreaEmeRt: i e P Ek e paymeRE e£ a iee~ (4) f3* Apparel and accessory s tores ; (5) fe* App l iance s tores ; (6 ) f+* Art ga ll e ries OR STUD IOS ; fi* AH~e sales er repaiP; SHE fte eemaereiel vreek!ng, eie maR Eling, er fHRk yaresT Afty &HEe repair shep shell ee an eeeessePy vee te an aH~e sales Hae, ana Heea ear leEa aPe re•miEEe e when vsee in eenf~ReEien v!Eh afta ea eft iftEegrel p&PE e£ a Re w e a P esEelisk- mefttt previae&; heveveP, Ehe Heee ear let s hall e e s He jeet: Ee the re~HiremeRte ae &¥Eliftea in ~he &vppleaeftE&Py Regvlet:i&RST (7) f9} Ba k e r ies , r e t a il; H Q~ ieftke ; (8) HH Barber shops; (9) HH Beauty shops; (10) H~~ Bicycle stores; H4} i eeE et:ereet (11) fl~} Book stores, NOT INCLUDING ADULT BOOK STORES; fl e } ievl!Rg a lleyet fl+~ i v ila i ft g .. teP!al ealee Peeae fewelvaiftg lv•eeP yeres e~ e Htei ee e E e ras e~~ (12) fli } Business machine e'e• e OR COMPUTER STORES; • • I • • - • • • • -3- (13) {l9} Camera and photographic SERVICE AND supply s t ores; (14) {2Q} Candy, nut and confec tionery stores; (15 ) {21} Cate r e r s ; (16) CHILD CARE CEN TER; (17) CHINA, CRYSTAL, AND GLASSWARE STORE; (18) {~3+ Cleaning with non-inflammable cleaning agents only; (19) {22+ Collection and distribution station for laundry and dry cleaners; (20) {24} Clinics, dental, er medi cal, OR OPTICAL; {2~} Gra~ift~ SePvieet (21) {2e} Dairy products stores; (22) {28} Dance studios for private instructions; (23) {27} Diaper service; (24) {29} Delicatessen s tores; (25) HGt Department stores; HH 9reaaaakiftg ahepet (26) Ha+ Drug stores; (27) H~t Dry goods stores; (28) H4t Eating or drinking establishments, NOT INCLUDING DRIVE-IN; (29) {~~} Educational institutions; NEED NOT BE ENCLOSED , BUT {3e+ ~gg efta pe~l~ry e~ePee {Re ala~gk~ePiftg; evieeera~i ft g, pl~ekiRg er ereeeiRStt (30) {~++ Electrical contractor shops, provided it is incidental to a retail sales room and is limited to equipment employing not more than five {5) horsepower; (31) {•8+ Electric substations; (32) {•9+ Exterminators; I • • - • -4 - (33) FINANCIAL INSTITUTIONS; {4Q} ~i ~e S ~&~~8 A S ~ (34 ) {4!} Floral s ho ps; • • • f42} Feee leeker plea~~ fr e a~i a~ &Aly iae iv~eHa l leekeEs feE Re~e eHs~emer s~erate e~ ~eee, iaelHa!Bg sale a~ re ~ai l , e H ~~!a g aRe paekagiBg ef feee, mea~s aae ~ame, BH~ Ae~ ~ae l H ei A g ~laH~h~er!B~ er ev!seera~iftg ~heree~}~ f43 } Feee praees&iBg fre~a!l &ft premises}~ f44} FrHi~ s~e rest (3 5) f4~} Furn i ture s t ores; (36) f4e} Garden supplies sto r es; (3 7) f4+} Gas regulato r sta tion s ; (38) {48} Gif t, novelty or souvenir s tore s ; (39) {49} Gr ocery sto r es; (40) f~O} Halls , ren ting for meet i n gs or social o c casion s; (41) f~l} Hardwa r e stores; (42) HEALTH TREATMENT FACILITIES; (43) f§~} Hobby supply store; (44) f~3} Home furnishings stores; (45) f54 } Hotels AND CONVENTION CENTER; (46) f~~t Interior decorators; (47) f~e} Jewelry stores; (48) f~+t Laboratories, dental, ar medical , OR OPTICAl; (49) f~8} Laundries; (SO) LEATHER GOODS AND LUGGAGE STORES; (51) f~9} Library or reading rooms; (52) f i O} Liquor stores (sale by package); (53) fil} Linen supply; I • • (54) Ht;!} Locksmith; {&~} bH~~a~e s~e•es~ (55) {i4} Mail order houses; -5- • • • (56) {&~} Meat, iish, POULTRY, or seafood stores; {ee} Ke~ereyele s~erest (57) MUNICIPAL BUILDINGS; (58) {e7} Music stores; (59) {e8} News stands (for the sale of newspapers, magazines, etc. only); (60) {e9} Notions stores; (61) {7Q} Office buildings, PROFESSIONAL OR BUSINESS; {711 9p~ieiafte~ (62) OFFICE SUPPLY SHOWROOM; (63) {7;!} Optical and scientific instrument shops; (64) {7~} Paint and wallpaper stores; (65) {74} Painting and decorating contractors; {+51 Pawa ehepe afte eeeefte hafte e~ree {eHeh ~ee shall &e eefteHe~ee eft~irely vi~hift aft efteleeee eePHee¥re}t (66) PARKING FACILITIES; (67) {7e} Pet stores; (68) {77} Picture framing; (69) {78} Photographic studios; (70) {79} Photostating and blueprinting; (71) PIIYSICA ', FITNESS CENTER; (72) {8Q} Plumbin: shops, provided they are incidental to a retail sales r om and are limited to equipment not employing more than five (5) horsepower. {il} Peliee eeaeieftet {ia} Peat eiiieaet • • I • • • • • -6- {8~} Press~Hg, al~er~ftg efta repa~r~ftg e ~ weariH g a~parelt (73) {84} Printing, publishing and allied industries, provided that such operation shall not be hazardous o r objectio nable due to nois e, smoke, fumes, air pollution, heat, glare, r ad iation or vibration; (74) {8~} Private clubs, lodges , fraternities; (75) {8i} Public buildings; {87} Res~&HP&ft~S {fte~ ~ftelHft!ftg er~¥e-ift ~ype}t (76) {88} Religious institutions; (77) RESIDENTIAL, MULTI-FAMILY, CONDOMINIUM OR LEA SE ; (78) {89} Shoe repair OR SHOE SHINE s hops OR STAND; (79) {9Q} Shoe stores; (80) {9l} Sign painting shops; (81) {9~} Sporting goods stores; (82) {9~} Statione ry stores; {94} &he!eet (83) {9~} TailoriNG ehe~e AND DRESSMAKING SHOPS: (84) TAXI CAB ST AND; (85) {9i} 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){lQl} Toy stores ; (91) TRADE OR BUSINESS SCHOOL; (92) TRANSIT CENTER; (93) TRAVEL AGENCY; • • I • - ·i ! I I ' I . .. ·- • • • • -7- (94) f±Q~} Upholstering sho ps; (95) Any similar lawful use which, in the opinion of the Com- mission WOULD BE COMPATIBLE WITH OTHER USES IN THE AREA AND WHICH WOULD NOT BE is fte~ objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration or is not hazardous to th e health and property of the surrounding areas through danger of fire or explosion. c. Conditional Uses . (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 Facil ities, Pool Halls, or Skating Rinks . I • • - • • • • -8- H-~, H-~-b, H-J, 6£ H-4 6F si~ilaF FeaieeAEia l seAe eieEFieE iA SR eFea eejeiRiRg Eke bity a~ ERglewaee, 6£ aRy Feligie~e iReE!e~EieR, ~~el!e ~aFk, ~~el+e lib~aFy, eemm~Ri€y eefteeF; eF ee~eaEieftal iRseie~eieR, wkeEkeF w!ekiR e~ wiEke~e Eke b!ey ei ERgleweeeT d. PROHIBITED USES. e. (1) ADULT ENTERTAINMENT AND SERVICE ESTABLISHMENTS; (2) MANUFACTURING; (3) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; (4) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIA NCES , FURNITURE, OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLIC PROPERTY; (5) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES; (6) SALE AT WHOLES.\LE; ( 7) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VJ:HICLE UNLESS A BUILDING PERMIT APPLICATION HA S BEE N SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. Accessory Uses. Any retail or service use not prohibited in this Dis- trict which is provided for the accommodation of the t e na nt • , client s , patrons or c ustomers of the Permitted Principal Use, and wh ich i s lo - cated in the same building or structure. The. Ac cessory Us e must be subordinated and clearly incidental to and customary in c onnect ion wi t h the Permitted Principal Use. An Accessory Use could be, but not limit ed to, such uses as a radio or TV antenna, a swimming poo l , a tennis c ourt heliport, etc. Lll AAy Yaa iaai4eftt tS eke a&eve permi~~ed nses; when ioea~ed ae •ke ee.e ~•4!ftg e!•e e Eke pe~€€ee ~e~ • • I • • • - • • -9- f. REQUIREMENTS FOR DEVELOPMENT. (1) {e~ Maximum height of bui1dings .•••••••.•• One hundred (100) feet. (See Section 16.5 for Height Exceptions.) (2) {e~. Minimum yePes SETB ACK. {l~ l G~Qa¥ iijlL~lNG-----------------------------NQNG • • I • • • • • • • -10 - No yaPas SETB ACK shall be required; provided , however, that wh e re PROPERTY IN TilE a B-1 Bu ,;in ess Dis tr i ct ahut s upon any PROPERTY IN any "R" Reside ntia l District s ituat ed in t h • same block, the residential FRONT yard requir e~ents ef ~he a&~~~ift~ Resieefttia~ 9ie~Pie~ shall apply t o that pe•~ieft ef PROPERTY IN the B-1 Business District. viehift s~ek &leek eM- ~~p~ as ~e side ysPes &ft eePfteP ~e~sT fT 6ePfteP le~sT 9ft eePBeP le~e ~ke ee~&sek iP&~ ~ke EP&ft~ ei ~k e &~ileift~ shall ee~ply vi~h ~he ee~&sek ·~~!•~eft~s ei ~he s~Pee~ ~peR whieh ~he iPeB~ ei ~he eyileiftg iaeesT ~he siae ef ~he eYilai Rg SHall e e se~ hsek ~e ft&~ less ~RSR ~Re-half {lt~} ~f ~ke fpeft~ ee~&aek Pe~YtPee iep e~ileift~S 8ft le~e fP&ft~iftg YpSft ~he side &~Pee~, eKeep~ ~ka~ vhePe ~hepe aPe fte lees EP&ft~iftg Yj>&ft eha~ e~•ee~, ~he eiee ya•e Pe~YiPeaeRte eftly sha~l applyT WRePe aft ep&RiRg vpeR a si4e e• p•ep~~Y liRe aay aa pPBviee4 fe• peaes- ~£i&A weesT a aiR~ se~eaek ef ~h•ee {~} fee~ shall &e pPeviaeaT (3) MINIMUM FLOOR AREA. (a) RESIDENTIAL USE EFFICIENCY OR STUDI0 ••.•.•••...•.••..•. 500 SQUARE FEET ONE BEDROOM .••...•••••••.•••••••....... 650 SQUARE FEET TWO BEDROOM •••.••••.••••••.•.•••.•.•..• 750 SQUARE FEET EACH ADDITIONAL BEDROOM .•••.••.•••••... llO SQUARE FEET (b) ALL OTHER PERMITTED PRINCIPAL USES .•.•.•....•.•.. NONE gT (4) Minimum off-street parking &fte leadiRg. DEVELOPERS ARE ENCOURAGED TO PROVIDE PARKING IN MULTI-LEVEL STRUCTURES IN ORDER TO CONSERVE LAND. IF IT IS NOT FEASIBL E TO DO SO, SURFACE PARKING AREAS SHOULD BE SCREENED FROM THE VIEW OF PEDESTRIAN WAYS BY MEANS OF DECORATIVE WALLS OR FENCES, LANDSCAPED BERMS, OR MATURE SHRUBBERY • • I • • • • • • • -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SERVES. IF THE DEVELOPER SUBMITS A MARKETING OR PARKING STUDY PRE- PARED BY A QUALIFIED PROFESSIONAL USING REASONABLE PROFES- SIONAL STANDARDS, AND IT IS APPROVED BY THE COMMUNITY DE- VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGINEER, THE PARKING STANDARDS IN THE GENERAL REGULATIONS MAY BE WAIVED. IF THE DEVELOPER DOES NOT SUBMIT A MARKETING OR PARKING STUDY TO THE CITY, THE PARKING REQUIREMENTS IN THE GENERAL REGULATIONS SHALL BE APPLIED. (5) LOADING TOTAL AREA. ACCESS FOR LOADING SHOULD BE PROVIDED OFF OF THE ALL EY; OR, IF THE PROPERTY HAS NO ACCESS TO AN ALLEY, FROM THE STREET. (6) LANDSCAPING . J ~NDSCAPING AS MAY BE REQUIRED BY THE LANDSCAPING ORDINANCE . (7) UTILITIES . liTILITY SERVICE TO BUILDINGS IN NEW DEVELOPMENT MUST BE UNDER- GROUND . (8) LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PER.t'IITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIP- MENT. TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE PER1HTTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. Gefteieiaftal YsesT P~evieea eke ~~&lie iftee~ee~ is E~lly ~·e~eeeee afte eke iellewift! ~see s~e a~~~vee &y eke b& .. iesieft {~aT~-~l eE 6eapreheseive 6eftiftg Qreiftaftee*+ lT Ae~le 6ftEePeais.eae aftele• &ePYiee ~aeili~yT {at ~e ae~le eseePE&ift•eft~ e~ se•v!ee iae!l!ey shall &e ------·--·--------.. ~ ..... ---· .. • I • • • • • .. • -12- ioea~ee-oR-a&y-si~e-~Rless-s~e~-s!te-!s-Ret-less-t~eft-t~e -aist efte e l!ai~a~!eR-as-~~!Pe&-&y-this-see~ieR+ ~l+------lyOOQ-faa~-f~Qm-~ba-lQ~a~~QR-Qf-aQQ~Aa~-a~~b-ad~l~- aa~~~aa8Q~-~-~a~v~~-fa~~l~~¥i-aQd- ~~~-----~QQ-ieet-iFea-the-eeHRea•y-l!ae-ei-aRy-Fes!eeR€4al-eis€F!e€ deffRed-fR-the-€ompreheRaf•e-~eRfR~-erdfRaRee,-erdtRaftee No~-~6,-5erfes-e£-i963 0 -aa-ameRded 0 -iReittefRt-&at-Ret-iimftee te -R-i-A,-R-i-B 0 -R-i-€;-R-~0 -R-~-€;-R-e;-er-R-4-er-aimiiar reaideRtfai-zORe-dfstrfet-fR-aR-area-adjefRfRt-the-€fty-e£ En~iewoed,-er-aRy-reif~feaa-fftstftttt~R;-pttbife-park;-pttbiie ifbrary;-eommuRfty-eeRter;-er-edtteatfeRai-fftstfttttfeft0 whether-w+thift-or-w+thoat-the-€fty-e£-ER~ieweed~ ~&~--MeaettremeRt-o£-dfataR~~--Aii-dfa~ftees-pre.ided-herefa-ahaii-be measttred-as-feiiewa~ ~i~------Wfth-respeet-te-the-dfstaRee-be~en-a-iecatfOR-fer-whfeh-aR adait-eater~~ftt-er-sePYfee-£aefifty-fs-prepeaed-aRd-a ieeattea-where-stteh-a-£aefifty-exists;-the-dfataRce-ahaii-be meaaared-by-£ertweiR~-a-straf~ht-iifte-£rem-the-aeareat-poiRt-e£ the-property-iifte-e£-the-prepeaed-ifeeRaed-premfaea-te-the--- ftearest-peiat-e£-~he-preperty-ifae-e£-the-exfatfR~-ifeeaae d premises ~ ~~~------Wfth -respeet -et -the -dtstaftee-from-the-bettadary -li ae -e £-a resfdeatfa i-dfstriet-or-aay -reif~feaa-iftatftatiea ;-pttb l ie park0 -pttbite-iibrary0-eemmttafty-eeater;-er-edaeae teRai iftatitatieR ;-the-distaRee -shaii-be-aeasared-by-fe i iewtR ~-a stratsht-lfae-frem-the-Rearest-peiRt-e£-the-preperty-i iRe ef-the-prepesed-iteeased-premfsea-te-the-Rearest-peiRt-e f the -district -beuaeary -iiRe;-er-tR-the -eaae -e£-a -re i t~ieaa fRatfttttiOR;-pablte-park; • I • • - • • • • -13- p ~bl~~ ~b • .. ¥T ~~~~~ ~~~~£T e£ etiu ee~±e~~± ±H- stituti&H, the e i &t ftfte e Sftfti i ee fte6S ti~t!d ey ieiiewiflt e et~ei~ftt iifte ~&M the fte e~eet ~ie t e f tfl ~ ~~e~e~e~ ii:eefteee ~emieee +a the fteft~eet peiftt e f the ~~e ~e~t y ~ifte ei e Peligie-~ihK!IftT pt~~e !Hift; pt~Mi e ~a~ -tti~ eeft-te~ tH' ~~~ iftetit udee-. ~~~ Whfloe ti\e ,...,._ee ieeerieft ef -edrit eftte~t:iliftllleftt -~ fee-Huy 4:e e --"* JHIPeei ei iefte tiltllft 'lfftHil M peftlie M8 •-ie-ee &.-tile --•~--ti e.f e k-Heift1l; ti~ eiettlfteee slusH ee meeeu~etl ~ tile t~et~Peet peiftt ei tile ~ep_..y Hfte ei tile iefte !ll'epeeee • e ieeetitlft ~ tift edu-it eftte~eeiftmeftt tH' sa ~~a ~u~... WAe.:.e *ile !H-'tl!letteti ieeetieft &f e ft aetie -~ttl'-"* tH' ee"iee -Nei~ii:y itt e .... eeftt paHei ei MM tlp8ft 'llhieil e ~e Me iteeft ieetsee .f tH' tile -••-*._ ei e ~-· euHeiftS .fe1.' eueh _e, aJ.J. 4U".._ .. _.. M -.. ..... He. ~e ftetlt!'ee* pftftt e£ .Qa ~e,tet!'ty iiM .. eilewft et\ ~e SU'Ney ei eueh ft8!'eei ei ietllli,. ~Ae a.eftee4 &y g.ei fteftee #44; iet!'iee &i ~ .1, "-ii-t eeeeeiieft-"*• *"eiftiftg; kt fiM Hlritee +a~ &i~H e~e Hei ie; Bewiiftg Aiieye ; €eift-e~e~tee Gemee, Bftftee HA**e; ii••••-•• .. ¥-ieee Geaee; N-i8ht {H ""• 9uteeft' 6etft- • 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 amendments being made to the Ord i nance. Th i s r e - places "Title 22" of the 1962 Englewood Municipal Code. • I . - 'I I I • ORDINAOCE K>. SERIES CF 198-4--- • • • BY Al1l'HORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BILO AN CIIDINAN:E RUH)n«; 'lliE MtNICIPAL (l)[)E OF 'lliE CITY OF FN;L~OOO, COLORAOO, BY AlDING 'niERETO A NEW CliAPl'ER CONSTITUTING A PORTION OF 'lliE CXJHPREHENSIVE ZCIIING CIIDINAOCE FOR 'lliE CITY OF FN;L~OOO, COLORAOO, FOR 'lliE PURFOSE CF PKlHCYI'ING 'lliE HEALTH, SAFETY, MCilALS AN) GDa:RAL wa.FARE OF' 'lliE ClM'IWITY; 'IO REGJLATE AND RESTRICT 'lliE APPFARAtCE, SIZE, CliARACTER, HEIGHT, Atl:l BULK CF BUIWI~ AND STRteruRES; 'IO DETERMINE 'lliE AREA OF YARDS, <XXJRTS, AND PLACES SURROUt«>Il«> 'ftmol; 'IO REGJLATE Atl:l RESTRICT 'lliE DENSITY CF POPULA- TION; 'IO REGJLATE Atl:l RESTRICT 'lliE USE OF' LAND WITHIN A DESIGNATED FLCXD PlAIN OR DRAINr\GE WI\Y; 'IO DIVIDE THE CITY OF ~EWOOD, COLORAOO, INTO DISTRICTS FOR SUli PURPOSES; AOOPl'ING AND INCORPO- RATil«> HEREIN A ZONir«i f1IU> WI'lli AIL THE NOTATIONS, REFERENCES AW O'niER INF(H9.TION ~ '1\lEREON s-JCWit«>, ESTABLISHir«i, AND DELINFATil«> SOCH ZONE DISTRICTS AW THE BOUNDARIES THEREOF; WHICH ORDINAICE IS AOOPI'ED PURSUAm' 'IO 'lliE CXJNSTITUTION OF THE STATE OF COLORAOO At1> 'lHROUGH 'lliE EXERCISE OF' rowERS GRANTED Atl:l AC(J.JIRED IN THE H<ME RULE CHARTER ADOPl'ED IN 1958 BY THE CITY OF' ENGLEWOOD, RmlGNIZil«> THAT ZQIIl«> IS ULTIMATELY A LOCAL AND MtNICIPAL HATTER, THE INTENI' OF' THIS PORTION OF' THE CCI1PRmDISIVE ZONir«i ORDINANCE BEll«> 'IO SUPERSEDE WrniiN 'lliE TERRITORIAL LIMITS Atl:l Ol'HER JURIS- DICTION CF THE CITY OF DG.EWOCD THE GENERAL LAW OF THE STATE OF' COLORAOO IN CllNPLICT !iEimirni, REPEALil«> PORTIONS OF' ORDINAN:E K>. 26, SERIES OF' 1963, AS AHEN>ED, Atl:l PRESCRIBir«i PENALTIES AS SET FOlmi IN 'lliE I'UIICIPAL CDOE CF 'lliE CITY OF' tKiL~OOO WHICH SHAlL APPLY 'IO VIOLATIONS OF THE PR:>VISIONS OF THIS ORDINAOCE AW OEX::LARil«> AN FMmGENCY. t«>W, 'niEREFORE, BE IT CIIDA I NED BY 'lliE CITY COUNCIL OF 'lliE CITY OF DG.EWOOD, COLORAOO, AS FOLLCMS: Section 1 . rtlere is hereby added to the Dlg1ewood l'l.lnicipa1 Code o f 196 3 , as amended , Ti t1e XVI, which shall read as follows: • I • • - • • • • Section 16.4-8 R-3, High Density Residence District. April 11, 191:14 February 15, 1984 October 28, 1983 It is the goal of the eitieens CITY of Englewood to encourage a variety of housing to meet the needs of the differing income levels and the vary ing family structures by emphasizing quality of development through the use of new developmental procedures that will encourage innovative well-designed developments. I t is inherent in this goal that the following be considered: 1. A d evelop•ent plan should be submitted for all RESIDENTIAL develop- ments 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 1110untains should be preserved and enh .. ee4T BUILDINGS ORIENTED IN SUCH A WAY AS TO MAXIMIZE THE OCCUPANT VIEW OF "r.IE MOUNTAINS. The R-3 District ia co~osed of THOSE AiEAS WHICH ARE CONDUCIVE TO high- density residential ..... e i the Gity1 e•4ina•ily AND PROFESSIONAL OFFICE DE- VELOPHENT WHICH HAY BE located between single and two-family residential areas and co-ercial areas, plus certain open areas wher e similar development appears likely to occur. The reKulations for this District are designed to stabilize and protect the essential characteristics of the District, to promote and en- courage, insofar aa ia co~atible with the high intensity of land uae, suitable environ•ent for fa-tly life, and to permit certain professional uses of a character unlikely to develop a concentration of traffic, e•ew4e ei peeple • I • - ' • • • • -2- ane sene•a~ ·~~•••• a4ve•~ie!nsT 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 permitt e d, plus structures for professional us es conforming to the pattern of the Dis- trict. a. &~pp~eaenta!y GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section -----• &,.pplellltfti;.Hfy CE NEI<AL £"cgulation;;, unl ess ot lo c rwi ,.<· pno- vided for in this Ordinance or an amendment thereto. b. Permitted principal uses . ~~~ Afty ~•e pe .. i•tee in R-a ~ene ~i&tPietT (1} SINGLE-FAMILY DETACHED DWELLING. (2} SINGLE-FAMILY ATTACHED DWELLING. (3} TWO-FAMILY DWELLING WITH AT LEAST ONE PARTY WALL UNDER A COMMON ROOF. ~a~ (4} Multi-family dwellings. PLANNED DEVELOPMENT APPROVAL IS RE- QUIRED FOR MORE THAN FOUR UNITS. ~~~4 ~y 9•4T NeT ~§T 'e•iee el l97~~ ~-~ Net te e•eee4 fe•~y ~49~ vnite peP ae•e, e•eep~ •• pP8¥ieee !ft &ee~{Bft aaT4 -6eT Pienae4 eevelepaeat eppPeval is •e•~!Pe4 fep all ·~~•• fe.tly 4well!ns ~n!te T ~~~ (5} Hospitals and clinics, but n ot anigal hospitals or clinics. ~4~ {6} Retire.ent or senior ci tizen housing, rest ho•es , and nursing ho-a. ~~ {7) Profeaa1onal offices in which chattel• or goods, warea or aerchandise are not co .. ercially creat d or old • • I • • - l • • • • -3- (8) CHILDC.U.E CENTERS. fe+ (9) Educational institutions. H+ (10) Religious institutions. Hi+ (11) Public f-eeU-f.Hcett BUlLDINGS. c. Mf.~tf.-er-ei le~T MINIMUM LOT AREA FOR PERMITTED PRIN CIPAL USES. (1) PARCELS OF LAND UNDER 43,560 SQUARE FEET fl+ '*-•*•-f .. f.ly 4welliAI8TTTTTTTTTTTTTTTTTTTTT6TQQQ ·~T ·~T f~+ Me4iMa-4e~tei~y 4wellinseTTTTTTTTTTTTTTTTTTTT'Gee R-2 Gee~ieRt ~3t MHl~i-ieMily ewelliftg9TTTTTTTTTTTTTTTTTTTTTT4a,ggg sqT ·~T (a) SINGLE-fAMILY DE'J'ACIIED DWELL I NG •..•.... 6,000 SQ . FT . (b) SINGLE-FAMILY ATTACHED DWELLING ..•••... 3,000 SQ. FT . PER DWELLING UNIT (c) TWO-FAMILY DWELLING ••••••.•••••••.••••• 6,000 SQ. FT. (d) TIIREE-FAMILY DWELLING •••.•••••••••.•••. 9,000 SQ. FT. (e) FOUR-FAMILY 0WELLING •••.•••.•.•••..... l2,000 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 HAY BE DEVELOPED AT A DENSITY OF ONE UNIT PER 1,089 SQUARE FEET. f4+ i4•e•~eaal iae~i .. ~ieneT Peliaie•e ine•i .. •ieaeT p•hlie f§+ (3) All other per•itted principal uses .•.•••.•. 24,000 sq. ft. (THIS SECTION SHAL L NOT APPL Y TO AN EXISTING STRUCTURE CO N- VERTED 1'0 ACCOHMODA 1'1l A f'ERH! TTED f'RTNCIPAL USE IF NO OTIIJ'!R LAND IS AVAILABLE AND IF TilE MINIMUM REQUIRED OFF-STREET PARKING IS PROVIDED.) • I • • - • ( • • • • -4- eT Pe~***•• <ieas**r ~&ftHe eya~ea. flt BeaHa ie• ei~e eseea~lage~ Perai~*ee haee S8ftei~Yrr••••r•••r•r•••••T••49 ••H•/He~ ae~e Bo~as ie• ine•eased le~ essembly•r••r••••••~ e.a. fer esek ad- ei~!enal lTQQQ 8~T t:•T ••e-~leeT f~t Kawiaaa eensi~y wi~k benweesTTTTTTTTTTTTTTT+O STYT/He~ se~e e. Hiniaaa fleer ereaT d. FLOOit AREA. (1) HINIKUH RESIDENTIAL FLOOR AREA. (a) Sinale-family dwellings ••••••••••.••••••.••••• 850 sq. ft. (b) Mae'-a 4eaai*Y aae hiah e .. •*•r <iwelliaas~ ALL OTHER INELLINGS. (i) Efficiency and/or one bedroom unit ••••••• 650 sq. ft. (ii) Two bedroom unit. •••••••••••.•••••••••••• 750 sq. ft. (iii) Three bedroom unit ••••••••••••••••••••••• 9 50 sq. ft. (iv) Each additional bedroom •••••••••••••••••• 110 sq. ft. (2) MAXIHUH OFFICE FLOOR AllEA. (a) niE SUM TOTAL OF THE GROSS FLOOR AREA IN ALL STRUCTURES ON THE 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. KaM!aMM pePeeft ese &f lee 88¥8P818TTTTTTTTTTTTTTTTTTTTTTiil fPa•~*-1 .......... T a•••aeeT •••P•••• ••e ne• inela4a4 in *•• e&¥8N T~ • I • • ( • • • • -5- {A eeyered parkiftg e~E~e~~Ee wi~h laftdse&pins en ~ep may he in- el~ded ae epen speeeT~ e. Minimum usable open space. Minimum usable open space ...•...•.....•.•.•.•.•.......•...•.. 25 % OF LOT AREA OPEN SPACE AREAS SHALL BE PROPERLY LIGHTED FOR SECURITY. IT f. Utilities. Utilities service to buildings in new develep~en~s SUBDIVISIONS MUST be placed underground. fT g. Minimum ~reR~ese e~ le~ LOT FRONTAGE. (1) SiRgle-f .. il~ 4welliftSTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTi9 •~T SINGLE-FAMILY DETACHED DWELLING •.••••••••••••••••.•••.•• 50 FT. (2) Ked!~ 4eaei•~ 4welliRSTTTTTTTTTTTTTTTTTTTTTTTTTTTTT{See R-~ 91e- ~rie~ Reg~la~iene~ SINGLE-FAMILY ATTACHED DWELLING, TWO-FAMILY DWELLING, THREE-FAMILY DWELLING, FOUR-FAMILY DWELLING ••.•••.•.••.• 25FT. PER UNIT. (3) All other permitted principal uses .•..•.•..••••.••.••••• None kT h. Maximum heiah• ef ~~il4*aa BUILDING HEIGHT. ~~~ Gifta~e-f .. ily end •edi~• density dwellinasTTTTTTTTTTTTTTTTTTT {~~ All ether peFMit•ee pFineipsl ~sesTTTTTTTTTTTTTTTTTTTTitYe {j} eteriea plva aer4eft leyel; ~vt Re• hiaher •heR ai••~ ~'g~ iee•T {Alae aee Svppleaeft•al Reavlatiene, See•len aaTi-~T~ • I • • ( • • • -6- (1) SINGLE-FAMILY DETACHED AND ATTACHED DWELLIN G AND TWO, THREE, AND FOUR-FAMILY DWELLING •...........•....... 25FT. (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 stories .•........................... 25 ft. IHT j. Minimum side yard. (1) Single-family DETACHED dwelling ..................... 3 ft. (Total 10 feet for both sides) fa} Ne~iw. ~eaei~~TTTTTTTTTTTTTTTTTTTTTTTTTTTTTaee R-~ &ee~ieft {~} All e~he• pe••i*~e~ pPiReipel HeeeTTTTTTTTTTTTTTTTTl~ ~~T (2) SINGLE-FAMILY ATTACHED DWELLING AND TWO, TH REE 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 BT 1. Hlni~um off-s treet parking. OFF-STREET PARKING SPACES SHALL BE OF A HARD SURFACE, EITHER PAVED WITH ASPHALT OR CONCRETE. (1) SINGLE-FAMILY DWELLING ............................. 2 SPACES (2) All other permitted principal uses ••••••••. See Section---------- • • I • - - 1. m. ( • • • • -7- Minimum off-street loading requirements. (See S~ppleaefttary GENERAL Regulations.) Accessory buildings and permitted accessory uses. {}~ P~ive~e ge~sges eE es•r••~s~ P~ive~e gaEages &E esEreE~s ee- s~gRee •• Hsee feE the ete~ege sf Mete• vehieles ewRee &E er- e~atee hy the eeeY~&Rts ef the r~iReiral hyileiRgt heweveE, ee ..... ial ¥ehielee eha~l •• l'•'ae4 •• e •h•••-~Y••••• ta~4} t&R •••FfiR8 eapeeityT fa~ MaKiaYa height, SiRgle-fa~ily-ar-~ediHa-deRsityTTTTTTT ~~~7~!-lf~ ~~8EY77TTT~TT~T7TTTTTT TTT TTTTTT~Tl§ ~~~€ fh~ "'Ri•~ fPeRt ya•eTTT-See SH~rleaeRtery RegYletiaRsT ~4~ Rea• Y•••TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~ ·~T (l) GARAGES AND CAJlPORTS. AN ATTACHED Oil DETACHED GARAGE OR CARPORT HUST CONFORM TO THE FOLLOWING II.EQUIREMENTS: (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 (E) HAXJHUH TOTAL FLOOR ARI'.A •.•.•.•.....•.•• ) ,000 SQ. l'T. THIS APPLIES ONLY TO GARAGES FOR SINGLE-FAMILY DWELLINGS, (F) IF GARAGE OR CARPORT IS CONVERTED TO ANOTHER USE, AN EQUIVALENT AMOUNT OF OFF-STREET PARXING MUST BE PROVIDED. • 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 ~11\TERlAl..) (D) MINIMUM REAR YARD ............................. 3 FEET (NO Sln'llACK IS IU\QUIRED If TilE WAU . ADJACENT TO TilE I'IWI'- ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIVE MATE RIAL.) {~} (3) Non-co .. ercial parking lots. Required parking may be provided within 400 feet of the prop- erty, either within the same district or within a district which permits non-commercial parking lots. Such parking lot must be maintained as long as THE principal permitted use is maintained, OR 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- cilities aa4 4ey ea•e eea•e•e, may be permitted for the con- venience of the tenant s . n. HOME OCCUPATION. OC CUPATIONS CUSTOMARILY INCIDENT TO THE PRINCIPAL USE AS A RESIDENCE WHEN CONDUCTED IN THE SAKE DWEU.lNG, PROVIDED THAT THE FOLL<JoiiNG CONDITIONS ARE MET: (1) SALES ON THE PRf){ISES, THE SALE ON THE PRf){ISES OF ANY ITEM WHICH HAS NOT BEEN HADE, GROWN, OR PREPARED ON THE PREMISES SHALL BE PROHIBITED • • I • • - . ' • • • • -9- (2) SALES OFF THE PREMISES. SALES OFF THE PREMISES BY THE OCCUPAN T SELLING HOUSEHOLD GOODS SUCH AS THOSE PRODUCTS OFFERED BY AVON, Alft/AY, FULLER BRUSH, WATKINS, ETC., SHALL BE PERMITTE D. (3) THE OCCUPATION SHALL BE OPERATED ENTIRELY WITHIN THE DWELLIN G UNIT AND ONLY BY THE PERSON JR PERSONS MAINTAINING A DWELLIN G UNIT THEREIN. (4) NO ASSISTANTS SHALL BE EMPLOYED. (5) THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREATED THEREBY SHALL NOT I NTERFERE WITH THE PEACE, QUIET OR DlGNlTY OF THE NEIGHBORHOOD AND ADJOININ G 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 SUPPLI ES , SHALL NOT UTILIZE MOR E THAN THREE 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 TOT AL LIMITATION OF ONE AND ONE-IIALF (1-1/2) HORSEPOWER, AND NO SINGLE UNIT OVER THREE-QUART ER (3/4) HORSEPOWER. (11) IN NO EVENT SllAL L ANY IIOHE OCCUPATION TNCJ.UDI' Til E FOJ.UlWTNC BUSINESS OR COMMERCIAL ACTIVITIES: (a) ANIMAL HOSPITAL OR KENNEL: • I . < • • • • -10- (b) BARBERS, HAIRDRESSERS, COSMETOLOGISTS OR BEAUT ICIANS; (c) BODY, MECHANI CAL REPAIR, OR MODIFI CATION 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) I' ROCE SSES INVOl.VINC TilE lHSl'EN SJ NC:, liSE OR REC.YC l.l NC OF llAZARDOU S OR l'l.AM~lABl.E SUBSTANCES AND MA'I'l\IUAl.S. (NO REGULATION IS INTENDED ON THE SALE OF FLAMMABLE SUBSTANCES WHICH ARE PROPERLY PACKAGED.) (13) ALL HOME OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTM ENT OF COMMUNITY DEVELOPMENT UPON COMPLETION OF AN INSPECTION OF THE PREMISES BY THE CODE ENFORCEMENT DIVISION AND THE FIRE DEPARTMENT. UBNVia9NK8NiAb GWi&~IN~~ p. ENVIRONMENTAL STANDARDS. (1) Solar and wind exposure. Tall structures located adjacent to major open spaces should be sited to insure maxiJDum sunlight on the open spaces during the wint er 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- HH PlanUnsT 'Plant nutteriale s'hettld be seieetee Erelll ¥a!'iet!es sne spee!es t'hat are aeeiiaatee isr speeial eiilll&~!e eenei~iens iettn6 wit'hin t'he En~ieweee ares~ ~~Eeftt !e ft shettid be g!v eft ~e Eke si~e ana ehsFaeEeF e~ me!'eF!aie wk!eh will pFeewe e Eke eesiFee ieneeeapee ei£ee£T Prev!siens skettid be llleee Eor !rr!ge~!eft ane tee4ins eyateme aae piaeement for preper maiateaaaee aae proteetion to inettre matttre ~rewt'h e£ the plants~ fa* Plant mate¥±&~~ ~hott±d he e~rensed ±n n meftne~ to edmr~emene Eke eFeh!~eetn¥el ~weli!'y ef plaaa &FeasT {9} ~eei4Y&we I'Feee ekewl4 be wee4 iR plaaa aFaae Ee allew swR- lish£ ewrins Eke w!REeF mentheT {~} (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. I'T q. OTHER PROVISIONS AND REQUIREMENTS. (1) NO TRUCK EXCEEDING SEVEN THOUSAND POUNDS, EMPTY WEIGHT, NO AUTOMOBI LE TRAlLER, ll US OR MO TORIZED RECREATIONAL VEliiCLE EXCEEDING 22 FEET IN LENGTH , AND NO TRUCK-TRACT OR OR SEMI- TRAILER SHALL llE l'ARKlm Olt STORE!> ON ANY ZONE LOT. (2) LIQUEFIED PETROLEUM GAS INSTALLATIONS SH ALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYI NG FUEL FOR APP ROVEn lll':ATINC EQUIP- MENT . TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE PERMITTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL CONFORM TO CU RR ENT I'IRE CODE R P.Q UlRl~l,N TS • • I • • NOTE: ( • • • • -12- In order to bring the Comprehensive Zo ning Ordina n ce under the 1969 Englewood Municipal Code , as amended, "Title 16" has been assigned t o the amendments being made t o the Ord i n ance . This re- places "Title 22" of th e 1962 Englewood Muni cipal Code . I • • - ( • • • - Section 16.4-10 B-1 Business District. April 11, 1984 Murch 1 3, l 9!14 February 15, 1984 December 20 , 1983 December 7, 1983 June 7, 1983 Hay 18, 1983 December 21, 1982 THE B-1 BUSINESS DISTRICT IS A MIXED-USE DISTRICT WHICH IS APPL IED TO THE CENTRAL BUSINESS SECTION OF ENGLEWOOD. THE DISTRICT IS DESIGNED TO CRE ATE AN ENVIRONMENT HAVING URBAN CllARACTERISTICS WITHIN A RELATIV ELY SMALL AREA OF LAND THROUGH THE CLOSE PROXIMITY OF ACTIVITIES, THE INCREASED SOCIAL AND CUL- TURAL OPPORTUNITIES AND THE POSSTlliLITY Or C110ICE IN ONE'S CONTACTS AND AS- SOCIATES. WITHIN THIS DISTRICT, THE TREND WILL BE AWAY FROM THE MONOTONY OF SEPARATORY LAND USE AND TOWARD THE VARIETY or LAND US E ALTERNATIVES WHICH ACCOMMODATE THE CURRENT LIVING PREFERENCES. The st•~et~Pee USES ~hePeift WITHIN THIS DISTRICT are ~se4 p•i .. Pily THOSE WHICH provide retailing and personal services to residents WITHIN THIS AREA AND TO RESIDENTS of the City and the surrounding area. IN ORDER TO MAKE THE CENTRAL BUSINESS DISTRICT VIABLE 24 HOURS A DAY AND NOT JUST DURING THE TRADITIONAL BUSINESS HOURS, MEDIUM AND HIGH-DENSITY RESIDENTIAL UNITS ARE ENCOURAGED. The uses permitted within this District are those that will provide the maximum amount of service t o residents of the ~i~y AREA and will be eeftsestisft ADJACENT DEVELOPMENT. s. Zone District shall be subject to the requirements and standards found in Section ----------• SMpple.eftta•y GENERAL Regulations, unless otherwise pro- vided for in this Ordinance or an amendment hereto. b. Permitted principal u ses, No building, structure, or land shall be used and no buildina or structure shall be erected, structurally altered, enlarged or maintained unleaa otherwise provided for in this Ordinance ex- cept for one or more of the following uses: • I • • (1) Ambulance service; (2) ANTIQUE STORE; -2- • • • (3) Assembly halls or auditoriums; {~~ ~Y ~se ~n~enaea ~e prev~ae ea~seaen~ er en~er~ainMen~ en pey.ene ef e fee er e4aiss~n eher~eT (Repealed by Ord. #28 Series of 1982). f4~ ~7 ••• ~neenaee ea pre•~•• health ereae.ene fer the payaen~ ef a feet (4) {~~ Apparel and accessory stores; (5) {i~ Appliance stores; (6) f~~ Art galleries OR STUDIOS; fl~ A.ee .. lee •• rep•~•• ~~• ne ..... ~1 v•eek~na 1 e~aaantlina 1 er f•ak yaP4aT ~y avte repa~P ahap ahell ~e an aeeeeeery vee ee 8ft •~te ealea vee; ea4 ~•• ear lees aPe peraittea when vaea ~ eeefvaet~n v~eh ana •• an ~eea .. l pe•e ei a new ••• ee~~lieh .... ~ pPe•i4e4T hawever1 the vaea ••• lee shall ee ••~fee~ ~· ehe .... ~•eaeeee •• avel~nea in the '-ppleaeneary ReavlaeienaT (7) {9~ Bakeries, retail; HG~ a .. u; (8) fll~ Barber shops; (9) fla~ Beauty shops; (10) {l~~ Bicycle stores; {14~ .... • ..... t (11) {I~~ Book stores, NOT INCLUDING ADULT BOOK STORES; {16~ aawltat all.,•t fH~ I•U4~•1 -MPUl ealaa -f-ahaina ~-~•• yar4a •• -··i4• ....... h (12) HI~ Buainua -chine etePea OR COMPUTER STORES; • • I • • - • c • • • • -3- (13) H9} (14) {i!Q} (15) {U} Camera and photographic SERVICE AND supply stores; Candy, nut and confectionery stores; Caterers; CHILD CARE CENTER; (16) (17) (18) {~~~ (19) {aa~ CHINA, CRYSTAL, AND GLASSWARE STORE; Cleaning with non-inflammable cleaning agents only; Collection and distribution station for laundry and dry cleaners; (20) {a4} Clinics, dental, el' medical, OR OPTICAL; {~~} Gra~!ft~ Sel'vieet (21) {a'} Dairy products stores; (22) {ai} Dance studios for private instructions; (23) {a~} Diaper service; (24) {a9} Delicatessen torea; (25) {~} Depa~t store UH h t (26) {~} Dru ator (27) {~~} Dry o d &t o r (28) {i4} Eatin& or drinking establishments, NEED NOT BE ENCLOSED, BUT NOT INCLUDI DRIVE-IN; Educational institutions; i&& eft4 pevl~ry s~eree (fta ela-sh~erift&T eviseera~ift&T plvekiftS er 4reaaift~}t (30) {~~} Electrical contractor shops, provided it is incidental to a retail sales room and is liaited to equipment employing not more than five (5) horsepower; (31) {ii} Electric substations; (32) U9} Exterainators; • I • - c -4- (33) FINANCIAL INSTITU TI ONS; f4Q} Fi~e a~a~iena~ (34) f4l} Floral shops; • • • f4~} Peee leeke• pian~a f•en~ins enly ineiv!e~al laeke•a 'a• heMe e~a~e•e• s~e•age ef faas, !Rel~d!Rg sale a~ •eEa!l, eHEE!Rg &ftS paeka~!ng af feaa, MeaE~ ftftft gaMe, RHE A6E ine!HdiA~ aia•sh•e•i•l e• eviaee•~i•s •he•eei}~ f4~} Feee p•aeeaa!ng f•e~a!l an p•e.!aea}t f44} FP~tE SE&Pea~ (35) f4~} Furniture stores; (36) f46} Garden supplies stores; (37) f4~} Gas regulator stations; (38) f4&} Gift, novelty or souvenir stores; (39) f49} Grocery stores; (40) f~Q} Halls, renting for meetings or social occasions; (41) f~lt Hardware stores; (42) HEALTH TREATMENT FACILITIES; (43) f§2} Hobby supply store; (44) f§~} Home furnishings stores; (45) f§4} Hotels AND CONVENTION CENTER; (46) f§§} Interior decorators; (47) f§6} Jewelry stores; (48) f§~} Laboratories, dental, •• medical, OR OPTICAL; (49) f~8} Laundries; (50) LEATHER GOODS AND LUGGAGE STORES; (51) H9t (52) fW} Library or reading rooas; Liquor stores (sale by packaae); (53) fil} Linen supply; • • I • - - ( • • • • (54) ~'~* Locksmith; ~'~* b~ssase s~eres~ (55) {64* Hail order houses; -5- (56) ~'~* Meat, f!sh 1 POULTRY, or seafood stores; f''* Me~ereyele s~eres~ (57) MUNICIPAL BUILDINGS; (58) f'~* Music stores; (59) ~·8~ Neva stands (for the sale of newspapers, magazines, etc. only); (60) {69* Notions stores; (61) HIH Office buildings, PllOFESStoNAJ. OR II US [NESS; f~l~ 9p~eieast (62) OFFICE SUPPLY SHOWROOM; (63) f~a~ Optical and scientific instrument shops; (64) ~~~* Paint and wallpaper stores; (65) ~~4* Painting and decorating contractors; {~§~ Pewa ahepe aae seeeae haae •~ere& ~•~eh ~se shall he eead~e~e~ ea~rely wi~hia aa eaeleaee ·~~e._re~~ (66) PARKING FACILITIES; (67) f~•~ Pet stores; (68) ~~~} Picture framing; (69) ~~8~ Photographic studios; (70) ~~9} Photostating and blueprinting; (71) PHYSICAL FITNESS CENTER; (72) {89~ Plumbing s hops, provided th y are incidental to a retail sales room and are limited to equipment not employing more than five (5) horsepower. fll} Paliee ••••ia••t f8a} P••• aifiaaat • I • • - ( • • • • -6- {i~t Preeeift&T a~eertftl eft4 repetrtftl ei veertftl eppe•e~t (73) {84t Printing, publishing 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) {85t Private clubs, lodges, fraternities; (75) {iit Public buildings; {i+t Resea¥reft~8 {Rs~ tRe~HeiRg e•ive-tft ~ype}t (76) {iit Religious institutions; (77) RESIDENTIAL, MULTT-I'AMILY, CONOOHINIUH OR LEASE; (78) {89t Shoe repair OR SHOE SHINE shops OR STAND; (79) {99t Shoe stores; (80) t~H Sign painting shops; (81) {~at Sporting goods stores; (82) f~n Stationery stores; f~4t ''"ie•t (83) f~it TailoriNG ith.,. AND DRESSMAKING (84) TAXI CAB STAND; {85) f~6t Telephone exchanges; {86) {~+t Telegraph offices; SHOPS: (87) f~i~ Theaters {not including drive-in type OR ADULT HOVIES OR PRODUCTIONS); {88) f~~~ Theatrical studios; {89)flQQ~ Tobacco s tores ; {90)f~9~t Toy stores; (91) TRADE OR BUSINESS SCHOOL; (92) TRANSIT CENTER; (93) TRAVEL AGENCY; • I • - • • (94) • • • -7- H9~~ Upholstering shops; H9n Verie•y shrest H94~ Vese•ehle s•erest H9H ~~a4e er h~&iftess sel\eelt H9i~ WeeriftS apparel ~Eehriee•!eft efta preeess!l'lg~t (95) Any similar lawful use which, in the opinion of the Com- mission WOULD BE COMPATIBLE WITH OTHER USES IN THE AREA AND WHICH WOULD NOT BE is ftet objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare , or vibration or i s not hazardou s to the health and property of the surrounding areas through danger of fire or explosion. c. Conditional Uses. (l) Amuse.ent 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. ~~~ A4• .......... iA•ea• ewale• aerviee ¥eeility. ~·~ Ne e4•lt ewte•*•'"' .. "'* er eerviee ieeili*Y el\ell he leeete4 eft efty ei•e •wleee e~eh site ie wet lese •hea the aisteftee li•itet!eft as re ~~irea hy •hi» see•ieft~ ~l~ 17 999 feet ire• the leeetieft sE efte•her s•eh ea•l• eftterte!ftMeftt er se..viee ieeili•yt eaa ~a~ §QQ fee• f••• •h• he•w4ery liae ef eRy reei4eaeiel 4ieerte• 4efiae4 ia ehe G .. preheReive 6eaias 9rai- ..... T 9r4iftllaee Mey a6T iewiee ef *i6aT 88 .. eaae4T !ftel.aia&T h•• 1'18. liai*e4 *&T R-l-AT R-l-iT R-l-GT • I • - ( • • • • -8- R-~, R-~-G, R-~, er R-4 er e!M!lar res!deR*ial seRe 4!s*•ie~ ift aft a•ea aa;sin!Rg ~ke Gi*y ei 6ngleweea, er &fty relig!eva ina*i*v*ieft0 pvhlie perk, pvklie lie•••YT ee .. ~i•y aea•••T e• e4veaeieRal iRe~ilv~ienT wkelher wiehin BP wilhev* lhe Gi*Y ai ingleweeaT d. PROHIBITED USES. e. (1) ADULT ENTERTAINMENT AND SERVICE ESTABLISHMENTS; (2) MANUFACTURING; (3) OUTDOOR STORAGE OF MATERIALS, SUI'PLlES, AND EQUII1MEN'l' ON PRIVATE AND PUBLIC PROI'ERTY; (4) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCES, FURNITURE, OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLIC PROPERTY; (5) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES; (6) SALE AT WHOLESALE; (7) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEHPOIARY STRUCTURE. Accessory Uses. Any retail or service use not prohibited in this Dis- trict which is provided for the accommodation of the tenants, clients, patrons or custoaers of the Peraitted Principal Use, and which is lo- cated in the same building or structure. The Accessory Use must be subordinated and clearly incidental to and customary in connection with the Peraitted Principal Use. An Accessory Use could be, but not limited to, such uses as a radio or TV antenna, a swimming pool, a tennis court, heliport, etc. Lll AaJ vaa '--i4 .. l 5e lha ••••• pe .. ieeed ~•••• when loeeted M .... -IMtU4 ... H•e ae .... flefttiUe4 - • I • • ( • ( • • • • -9- f~t AdYer~ie*ns signs re~ating ~e the &aeineee eendaeted en ~he pra.ises shall ~e pe••i~~e&t pFsvieaeT haweva•T thst sveh si8RS shall ~e please ss as Ret ~e &Fea~e BR iRjYFiews eiiee~ ~y llashiR8 eF ~y glaFS eR aRy SYFF9VR4iR8 FBs!eaR~ial areas eRe shall Ret eeRllie~ with tFallie ligh~s eF ebstFwst 5he Y'ew el ~~••is~eT ~'• previsien shell ne~ he eee•ee ~s pe._.• ev• .. •• •• .. •••'•* e4ver•isiA8 eeviaea w'thin ~his aene ~&trie~ ... f~} Gwi.-ing Pee~s----seMi-privete, seMi-pYklie, efts pwklieT - f&ee SwppleMefttery Regwletiens~T f. REQUIREMENTS FOR DEVELOPMENT. {1) fet Maximum height of buildings .•••••••.•• One hundred (100) feet. fat &9~ IR9ABWA¥ INGi~IYi ARSA---------Fifty-live-f~~~-ieetT fht AhL &iMSR 1-~ ARGAG-------------------GeveA~y-live-f~§}-ieetT fht He•..._ heiah• ef hvil4inae-----------5even.,-fi¥e-f~§t-feet ... (See Section ____ for Heiaht Exceptiona.) fi~ ae,..le4 ., 9r4... NeT a6T '••iee ef le61 ... {2) fe~. Hiniau• )'!!4• SETBACIC. 8T ~~~ ~¥ ~~~IYi ~T {l~ l 5181¥ IVI~IMG-----------------------------NQWI fi~ NeW G9N5~YG~I9N a 9R ~ Gi9R¥ IYILaiNG-------la-FQQ~ GiiiA'K FQR FIRSt ¥LQQa.., f~~ 4-5~9R¥ IYILalNG----la FQQi 5iiiAGK FQR FilS; ANa NUIIII FI.QQIG.., {4~ ALL IVILaiNG5 Aa~NIN' A WALKtMa~ 9R Ql A &euu L9t----u He~ sna." P9R nut All8 NUatll. •T ALL etw&a •-• A~KAG ... I • • n ( • • • • 0 -10- No yePee SETBACK shall be required; provided, however, that where PROPERTY IN THE a B-1 Business District abuts upon any PROPERTY IN any "R" Residential District situated in the same hlock, the residential PilaNT yard requirements el' l;ke llht~l;l;!ftt; Resitlet~l;isl IHstr!e~; shall apply to that f'SEI;'ieH el' PROPERTY IN the Il-l lltosiness District. w-!Hiifl st~ek hleek eH- eept •• te atee yePee •• eePeep le•eT f~ Gerner lei;eT 9n eeraer lets Ehe eethaek FF&M l;ke FFen~; ef l;ke ht~iltli~tt; shall ee•ply WiEk Eke sel;haek Ee~t~ire~e,.~;s t~f Eke SE£ee~; "~6ft whieh l;he fF&fti; ef l;ke hwiltl!~tg faeesT ~ke sitle ef l;J.e ht~iltliag ehall he eei; haek l;e Rei; lese ~heR &Re-kalf {l/a} ef Eke fPeni; se~haek Pe~wiretl fer ht~ileings &R lets frent!n,; "P•n l;he s!ee Si;ree•, eMeepi; •he• where lhere ere ne lai;s frenling wpen l;kai; s•reei;T lhe siee yaFtl re~wire.eRle enly shall applyT Where aft ep8Hiftg Y~R a ei~~ &£ p£epe£•y liR~ *By he P£e~itletl feF petleH- i;EiaH weesT a •'"'-"• ee•&aek ef lkree {J} fee~; ekall he pP&YitletiT (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 ADDITIONAL UEDROOH .••.•.••••...... 110 SQUARE r.mn (b) ALL OTHER PERMITTED PRINCIPAL USES ••.••••..•••••• NONE (4) Hini~um off-street parking entl laetli"&· DEVELOPERS ARE ENCOURAGED TO PROVIDE PARKING IN MULTI-LEVEL STRUCTURES IN ORDER TO CONSERVE LAND. IF 11' IS HOT FEASIBLE TO DO SO, SUllPACE PARKING AREAS SHOULD BE SCREENED FROM TilE VI&/ OJ> PEDESTRIAN WAYS BY MEANS 01' OCCORATIVE WALLS OR FENCES, LANDsCAPED BERHS, 01 MATURE SHRUBBERY • • I • • - • ( • • • -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SERVES. IF THE DEVELOPER SUBMITS A MARKETING OR PARKING STUDY PRE- PARED BY A QUALIFIED PROFESSIONAL USING REASONABLE PROFES- SIONAL STANDARDS, AND IT IS APPROVED BY TI1E COMMUNITY DE- VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGINEER, THE PARKING STANDARDS IN THE GENERAL REGULATIONS MAY HE WATVED. IF THE DEVELOPER DOES NOT SUBMIT A MARKETING OR PARKING STUDY TO Tim CITY, Till ·: I'ARKING REQUJ REMI!N 'J'S J N Til E GEN EI(AI. 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 HAY BE REQUIRED BY THE LANDSCAPING ORDINANCE. (7) UTILITIES. UTILITY 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) WlLL NOT BE PERMITTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL CONPORH TO CURR ENT PIRE CODE REQUIREMENTS. h? Geft4it, .. el U.ae? P•••'4e4 the pw~l'e '••e• .. e '• fwll~ P•••••••• eft4 the fellew'•• weee ••• epp .. ve4 hy the Ge .. , •• ,.. ~aa?i-al ef Got.pNheaej•• lledq 8n611ueah *T A4wlt &ate•••'~• eft4/e• ie.v,ee FaeilityT ~•t Ne e4wlt eate•tafft .. ftt •• ••••'•• fae,lity ehall ~ • • I • • • • • • -12- teee~~-ee-.ay-ei~-~nieee-e~eh-ei~e-ie-ne~-leee-~hen-~he -eieeenee ii~~tien-ee-~vire~-ey-thie-eee~ien~ ~•+------1 7 000-taa~-t~Qa-~-lQaa~~ga-Q£-aag~a•~-•uaa-a4ul~- aa~~~a~a.aa~-Q~-••~v~aa-'aa~1~~¥i-aa4- ~~~------§99-iee•-••e.-Ehe-bevRee•y-line-ei-eny-•eei4en•i•l-eieE•!eE eefteed-tft-~he-ee.p~ehenet•e-~entns-erdtnanee,-9~dtnanee Ne~-i6;-Se~tee-ef-t963;-ee-eeended,-tneladtna-ha~-ne~-ltmtted ~e-R-l-~T-R-l-BT-R-l-eT-R-io-R-i-eT-R-eT-e~-R-4-e~-etaiia~ ~•tden~tal-zene-dte~~te~-tn-an-a~ea-adjetntns-~he-et~y-ef en~eweed,-e~-any-~eltateae-tfte~t~a~ten,-pahlte-park,-pahlte ttb~a~y0 -e...ant~-een~e~;-er-edaee~tenel-tne~t~a~ten; whe~er-wi~htn-e~~hea~-~he-et~y-ef-Bnaleweed~ tbt--Meaeare.en~of-dt.~aneea~--~1-dt.~aneee-p~OYtded-he~tn-ehail-he .... a~~-ae-fetiews~ tlt------Wt~h-~eapee~-~e-~he-dte~anee-between-a-ioea~ten-fe~-whteh-an ada~-en~e~~tn.ene-e~-eer.tee-feetit~y-ie-propeeed-en~-a ieea~n-.here-aaeh-a-f~titey-exte~eT-ehe-~taeanee-ehaii-be .. ..a~-by-fe~a-eeraflh~-itna-fr~ehe-aaeraee-potne-ef ~he-p~eperty-ttne-of-~he-p~epoeed -i teeneed-p~.teee-~o-~he-- nee~et-potnt-ef-the-p~ope~ty-ltne -ef-~he-ewte~ins-iteeneed p~e.teee~ tit------wt~-~epee~-e~-the-dteeenee-f~e.-~he-beandery-itne-of-a reetdenetai-dte~~tee-er-any-reitateae-tnaet~aetenT-pabite parkT-pahite -t tbreryT-ea..antey -een~•~T-or-e ~eeetenei tneeteattonT-eha-dtetenea-ehail-ha-.. aearad-by-followtna-•- •eratahe -ltne-f~oa-ehe-neara et-potnt -of-~a-prope~ty-ltne of-~e-propeea~-iteenead-pra.t ... -eo-~a-naera ee-potnt -of eha-~tetrtet-boan~ary-itne1-or-tn -the-eeee-of-e-reitatoae tnatttattonT-p~bite-pe~k; • I • - • • • • • • -IJ- ~~wll-llw•-.¥T -~~Hl~~ e~H t~~T ~~ ~dtieut~u~rt± ±rt- "*•ftiet~.,. •he die•aftee eha-i-i he ~lllttt't'ed by .fe±~it~g • ~•itM UM He. -ehe ..e•~••• '""'"• ef -ehe J"'epet~ee iieeft&ed J"'ew'ieee .. *he ftelt~est peiftt ef ehe r•ere~ty iifle ei • ~,,.... itletih*'ltt!T ~tt~Mie pen.,. Jt'Sit·Ue iilt ... y.,. ~fti•y eeft•e~.,. a. e4uea•t8flei ifletitutieftT ~~~ Whe~e •he fK'epeee4 ieee~e" ef 8ft ellri• eftU't't'il:i:ft~t~etH e~ lte't'¥iee feeiii•y ie a ¥eeat~t ~~eei e.f ittt~d uret~ nieh -,.._.. Me tleet~ '-••e4 fe~ -ehe ee-•~tsedltft ei e ltuii4iftiT eli dietefteee 8heii he Metttttt't'ed f~effl •• Mafte• pe"'* ef -ehe fK'ep--ey *"• ef -ehe iafte p~epeeee ee a ieee•i&H fe• an eduit eR*e•teit~met~t •• aa•v~~g taa~•~~Y~ Whe•e *"• ~epeeect ieee-t:i:ert ef ftft ~eui• et~•e•-tai~ftt a. ~'t'¥iee .feeii:i:ty itt a ¥eeflftt ,. .... ei ieftll .,_ whieh • pefttie hae Mfll '-•••• fa. •he eeftee•u··~ ef • pe'l' .. fteflt euiidiftl ... •uck uu~ .u ~ ..... ••u " ........ ..._ •• -·-·• ,.."* H ~e f141tttte•*Y iill8 .. ehltWfl 8ft the -ftey ef etseh , ... ei .. ieftli,. ~Ae e.et~4e4 ~ g.4ifte118e 144.,. &e•iee ef i9&i~ ~.,. '••••• ....W'-ft-..e ifleiue'"IT ••"" u•••• •• &iiiie.e He·lie.,. lewiiftS 1\iieye.,. Geit~-tt•-••• "--T ht~ee lleiH.,. R••••••• " ¥t4 .. ~.,. tKahe &i.tte.,. ~•-s-- ~-••i Ree•eee:i:et~ei iee:i:iieiee.,. Peei Heiiu.,. e. Skettftl Rit~k•T ~M .-eftee4 it1 ~4iftet~ee l.at,. ieri.. ef i9i~~ • 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 amendments being made to the Ordinance. This r e - places "Title 22" of the 1962 Englewood Municipal Code . I • • 1 - • • Section 16.4-11 B-2 Business District. • • • ltev. 4-H-1!4 2-29-84 3-13-84 This District is co~osed 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 access routes ee-~he-6ea~el-B .. ifteee-8i .. rie~ and is easily accessible from the surrounding residential area which it serves. ~he-~eea-perai~~ee-in-~hie-Bia~rie~-ere-eesiSftee a. fiiiJ!~e.etteel')' GENERAL resulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section ---------- ~pple .. at!ery GENERAL Reaulations, unless otherwise provided for in this Ordinance or an a .. nd .. nt 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 uses. No buildina structure, or land shall be used and no buildins or structure shall be erected, structurally altered, enlarsed or aaintained unless otherwise provided for in this Ordinance, except for one or 80re of the following uses: (1) Any use peraitted in the B-1 Business District; (2) Aniaal hospitals (kennels to be enclosed and the runs enclosed by a fence six (6] feet hish); (3) Auction houses; (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMKERCIAL VEHICLE WRECKING DISMANTLING OR JUNK YARDS . (5) Drive-in .,. satin& or drinkina eatabliah .. nta; (6) Feed and ... d stores (excludina the sale or atoraa• of hay); • • I • - • • d. • • • • -2- {7) FOOD LOCKER STORAGE; f~--GePesee-~r-ee..ereiel-ene-pH&lie-Heiliey-vehieleet (8) Gasoline and oil service stations; (9) Hospitals and convalescent homes; (10) MOTOR VEHICLE SALES OR LEASE; (11) Mortuaries; (12) Hotels .eeer-eeHrtsT-&He&-eeHree-fier-trensieBt-Hse-eBly-ene (not including trailer courts); fl~~--&H~eer-e-..ere~el-eavereieinR-4evieea-fne-sHeh-eeviee-ehsll-he pleeee-ee-ee-ee-ieee-any-Aeeieeneiel-ieney-pHhlie-perk-er-parkwey ii-wiehin-ene-hHft4ree-fl99t-ieee-ehereirea~t fl~~-~erwfnela-~-p.elie-erenaie-vehie~at (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 REQUIRDtENTS OF THE R-3, HIGH- DENSITY RESIDENCE DISTRICT. fl4~--~rait.r-.. ~a-~eat fl§t--ijae&-eer-leeat (16) Any siailar lawful use, which, in the opinion of the Comaiaaion, is not objectionable to nearby property by reason of odor, duet, saoke, fuaea, gas, heat, glare, radiation or vibration, or ia not hazardous to the health and property of the surroundin& area throuah dancer of fire or explosion • Ac cessory uaea. {1) Any uae incident to the above Peraitted Uses, when located on the same building site as the Peraitted Use. (2) Swi .. ina Paola --seai-private, aeai-public, and public. (See S~ppl ... ••••' GENERAL Re&ulationa) 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 limitation as required by this section: (i) 1,000 feet 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 ColiPrehensive Zoning Ordinance, -6rdtnettee-~. l6-; Berte& -ot'--¥J67,-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 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) Meaaur ... nt of distance. All diatancea provided herein &hall be aeasured as follows: (i) With respect to the distance between a location for which an adult entertainment or service facility is proposed and a loc ation where such a f acility exists, the distance shall be measured by following a straight line from the nearest point of the property line of the proposed licenaed praaiaea to the nearaat point of the proparty line which is the existing licensed preaises • • I • • • • • -4- (ii) With respect to the distance from the boundary line of a residential district or any relig ious institution , public park, public library, community center, or educational institution, the dista nce shall be me a sured 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 po int o f th e 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 me a sured from the nearest point of the property line of the land propoeed aa a l ocation for an adul t ent ertainment or servic e fac ility. Wh ere the p ropo sed loca t i on o f an a dult entertain .. nt or service facility is a vacant parcel of land upon wh ich a permit has been issued for t he con s truction of a permanent building for such use , all d is tanc e s s h all be meas u red from t he nearest poin t of t h e property line a s shown on the s urvey of s uch parcel of l and • • I • • • • • • -5- f-A-8-ame•utell-ity--GM~~ .. -44,..~5-i.aa.-£.-~J.). (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 to 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 blo c k or brick wall. (3) Motor Vehicle Laundry or Polishing Business, which shall comply with the following conditions: (a) A minimua of three (3) parking spaces shall be provided on the site for each washing stall; (b) The aite ahall be paved to the apecifications of the Depart-ant of Engineering Services; (c) All waate 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. ~~ ... a~a~ ~-Ordialnc• ~~-S&r~4I-~~ (4) Amusement 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 Fa c ilities, Pool Halls or Skating Rinks. ~ _.. .,._ &tolli-ftee fi8T &ert .. of M8t:-)' • 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) PERMI'l"fED USES; GENERAL. NO OTHER USES OR ACTIVITIES OTHER THAN RENTAL OF UNITS OR SPACE FOR DEAD STORAGE SHALL BE PERMITTED ON Til E 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; AllTO 011. FURNITURE PAINTING AND REFINISHING; ELECTRICAL EQUIPMENT OR ELECTRONIC REPAIR OR ASSEMBLY; OR ANY OTHER LIKE REPAIR, REFINISHING, OR ASSEMBLY ACTIVITY BY THE OWNER, 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 (1) 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. STORAGE UNITS MAY BE LOCATED WITHIN A SINGLE STRUCTURE OR MULTIPLE STRUCTURES ON THE SAME LOT • (f) TYPE OF CONSTRUCTION . i. ALL STRUCTURES SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE UNIFORM BUILDING CODE. ii. ALL DRIVES, PAniNG AREAS, AND, WHERE PERMITTED, OUTDOOR STORAGE AREAS SHALL HAVE A COMPACTED BASE AND SHALL BE PAVED WITH AN IMPERVIOUS MATERIAL WITH A THICDISS OF IIOT LESS THAN FOUR INCHES (4") • • I • • - • ( • • • • -7- (g) CIRCULATION, PARKING AND LOADING. i. CIRCULATION. ALL DRIVES INCLUDING LOADING LANES WITHIN TilE 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. TilE PUBLIC ACCESS SHALL BE EQUIPPED WITH A GATE WHICH SHALL BE CLOSED DURING HOURS TilE BUSINESS IS CLOSED, AND SUCH ACCESS POINT SHALL BE FULLY VISIBLE FROM 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 PAniNG SPACES FOR EMPLOYEES SHALL BE PROVIDED AT THE MANAGER'S OFFICE. b. A MAai.ED 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 HARKED FOR THE EXCLUSIVE USE OF THE LESSEES OF SAID STORAGE UNITS AND SHALL NOT BE USED FOR THE TEKPORAKY OR PERMANENT STORAGE OF ANY ITEM. LOADING LANES SHALL BE A MINIMUM OF NINE FEET (9 1 ) IN WIDTH. (h) OUTDOOR STORAGE. OUTDOOR STORAGE MUST BE LOCATED ON THE SITE AND/OR SCREENED IN SUCH A HANNER SO AS TO ELIMINATE THE VISUAL IMPACT OF SUCH AREA • • 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 1 ) WIDTH AND SHALL DE PROVID ED WITH A FULLY ENCLOSED SIX FOOT (6 1 ) OPAQUE FENCE. THE CITY RESERVES THE RIGHT TO REQUIRE SUCH REASONABLE LANDSCAPED AREA AS DEEMED NECESSARY BY THE DIRECTOR OF COHKUNITY 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 COMBINATION APPROVED BY THE DIRECTOR OF COMMUNITY 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 FLAMMABLE 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 MAINTAIN ED IN A NF.AT, CLEAN, AND ORDERLY MANNER. THE OWNER, HIS AGENT OR MANAGER SHALL PROVIDE AT LEAST ONE CLOSED DUMPSTER-TYPE TRASH CONTAINER FOR EACH FIFTY (50} Sl'ORACE UNil'S AND SPACES. SUCH CONTAINERS SHALL liE EVENLY DIS'l'RIBUTED THROUGHOUT 'l'Ht: Sll'E !N EASILY ACCESSlllL£ AND CONVt:NII!:NT LOCATIONS. (1} SIGNACE. SIGNAGE FOR MINI-STORAGE DEVELOPMENTS SHALL BE LIMITED TO ESTABLISHMENT IDENTIFICATION AND DIRECTIONAL PURPOSES ONLY, AND SHALL BE IN COMPLIANCE WITH THE PROVISIONS OF THE SIGN CODE. (a} MANAGI!MEN'l'. 1. THERE SHALL BE l!MPLOYED ON THE PREMISES OF ANY MINI-STORAGE DEVELOPMENT A FULL TIME MANAGER OF THE OPERATION. SUCH MANAGER HAY IE "LIVE-IN", PROVIDED THAT A PEIHANENT RESIDENCE WHICH MEETS ALL THE llEQVIRI!MENTS 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 DOClJitENT SHALL, AS A MINlMUM, CONTAIN CLEAR STATI!MENTS OF ALL LIMITATIONS AND PROHIBITIONS CONTAINED HEREIN. A COPY OF SAID LEASE SHALL BE KEPT IN THE OFFICE OF THE MINI-STORAGE OPERATION AND SHALL PROVIDE THE FOLI~ING INFOIHA TION: a. HAKE OF LESSEE: b. BUSINESS NAKI! (IF APPLic.ILI} A11D HAKE, ADDRESS TELEPHONE OF APPIOPRIATE CONTACT: • I • - • • • • • -!0- 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 DESCRIP'fiON OF STORAGE ITEMS; h. SIGNATURE OF LESSEE ACKNOWLEDGING I.IHITATIONS AND PROHIBITIONS OF LEASE AGREEMENT. 111. 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 Wl'i'H l'Ht:SE REGULATIONS. SUCH INSPECTION 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 IE MAINTAINED IN THE MAKAGD 'S OFFICE. SUCH RECOIDS SHALL BE MAINTAINED IN A CUUENT AND OIDDLY HAMNER, AND SHALL IE AVAILABLE TO THE CITY'S INSPECTORS UPON DEMAND. IT SHALL BE THE OWNER'S, HIS AGEN'f' S OR MAKAGD' S RESPONSIBILITY TO NOTIFY THE CITY OF ANY AND ALL VIOLATIONS OF THE REGULATIONS SET PORTH HEREIN IMMEDIATELY. 1v. IT SHALL IE 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 POR MINI-STORAGE DEVELOPMENTS . SHALL BE SUBHITrED POR REVIEW BY THE CITY . • I • • • f. PROHIBITED USES. (1) MANUFACTURING; • • • -11- (2) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; (3) THE OUl'DOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCES, FURNITURE, OR OTHER ITEMS COHHONLY 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 16.4-11 e 5; (5) SALE AT WHOLESALE; (6) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROH ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. fy---SePneP-Ie~ey--9ft-eeraer-ie~e-~he-ee~eee~-eE-ehe-Erene-et-~e-ee•i4ias-•heii ..... ~_.~..._.he-.e•~tee~-Pe~td ...... -.t-~-..... e-.paa •hteh-.-•-f•eae at-.-.-e.•~'-t-t .... y--fhe-ei4e-.E-.he-._.i4ffta-eheii-ee-...-e..~-ee-nee ieee-~en-..e-helf~~--t-.-e-f .. ••-.. •~te•~-.... •Pe4-fe•-e..~ ... -..-i••• fPen~ins-•pen-~he-e.-.-e~ree~T-ewee,~-~he~-where-~here-ape-ne~-ie~e-freneins •pen-~ha~-~ .... r-~-.. 4e-ya•4-~i...._ee-eniy-eheii-ap~yy--Wha•e-en epenint-•pen-a-e~e-.p-, .. ,er~y-iine-.ey-ee-, .. •i4e4-EeP-,e4ee~rian-•eeT •-aifti ... -.. eeae~-•f-•h•ee-f~~-feee-eheii-ee-,peyi4e4. g. Kaxiaua height of buildings. h. t~--P ... -f4~-.... ieey--•e-nee-tPeaeep-•hen-fit•y-f§e~ SIXTY (60) feet. fa~--Repeele4-&,-9P4y-Ne.-a,T-SePiee-ef-i9'iT~ Hini-..-yeP4e SETBACKS. No 7••4a SETBACKS ahall be required; provided, however, that vhere a PROPEaTY ZONED B-2, Buaineaa iiaePiee, abuta upon any PROPERTY ZONED ''l" Raaidential Diatrict, ~~ ia ~ .._ lll.ac:k .. the raeidantial FIONT yard raquiraaent of the abuttina laaidential I • • - NOTE: • • • • • • -12- District shall apply to that portion of the I'ROI'ER1'Y IN THE B-2 Business District vi*hift eveh &leek except as to side yards on corner lots. i. Minimum off-street private parking and loading. (See Svpp~e~fttary GENERAL Regulations.) j. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PERMITTED 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'ERHlTfED IN TilTS ZONE DISTRICT. f.IQliEFfEil I'ETROLEUH GAS JNSTAl.LATIONS SHALL CONFORM TO CURRENT FTRE COllE REQUIREMENTS. In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the a111endment,; L>eing made to the Ordinance. 'l'h ls t·e- 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 llroadway in the 3200 through 3500 blocks which shall be referred to as the South Broadway Incentive Area. The South Broadway Incentive Area (S.B.I.A.) is created in order to develop a positive image for this area which will encourage new businesses and to create the fraaework for redevelopaent 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 emphaaia on original conatruction aaterials and atructural aodules. (2) leaove unnecessary visual clutter from the building• not consistent with the original construction. (3) Improve the quality of the pedestrian experience along Broadway. (4) Reeatabliah upper level office and reaidential uaea . (5) Facilitate pedeatrian acceaa to Broadway froa parking areaa. (6) Upgrade the appearance of rear of buildings. (7) Iaprove service access along rear of building&, I • • - • • r • • • • -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. (1) General Facade Zone. (a) Window sill zone -2 feet to 3 feet 6 inches from ground level. (b) Display zone -Window area between window s .Ul and first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level. IF THERE IS NO SECOND FLOOR, THE 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 • 1. The renovation of existing facades shall respect the relationship of first floor store fronts and upper storie. and shall be consistent with the original architectural character. 2. The r-.oval or alteration of any historical or dis- tinctive architectural detailing ahall 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 liaited 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. Unlesa otherwise per.itted, no new -.tal canopies, roof overhangs, or other peraanent architectural eleaenta aay project into the right-of-way, Canvaa awnings are encouraged • I • • - • • • • -4- 2. No structural element may projec t i nto r ight-o f- way. (e) Signage. 1. In addition to the Englewood sign requirements specified in Section 16.7 of the Comprehensive Zoning Ordinance, the following requirements sha ll also apply to the South Broadway Incentive Area. In the event that these requirements and those of the 1110re general Sign Code requirements c onflic t, ~he ae•e •~•iftsea~ THESE regulations shall apply . a. Wall signs shall only be located in the sign zone . b. Projecting signa 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 windows shall be permitted in windows above the first floor and shall identify the business located on the premises only. d. Plewisl•••T iate..ally illv•iae~4 •• ~eekli• ••aa• shell ~. , .. h,~iee4T IN DIVIDU AL LETTERS SH ALL BE '111E ONLY 1'YfE OF INTERNAL LY ILL UM INATED OR BACKLIT SIGN PER- MITTED . e. BANN ERS WH I CH DO NOT CONTA IN COHH!IlC I AL AD - VERTISING SHALL BE PERMITTED WHEN USED FOR DECO RATIVE PURPO SES. 2. ANY SIGN WH ICH WAS LAWFULLY ERECTED AND MA INTAI NED I • - ' • • • • -5- PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE, BUT WHICH DOES NOT CONFORM TO THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE , SHALL BE A NONCONFORMING SIGN, AND MUST 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 SOX OF ITS TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WHATSOEVER, OR BECOMES OBSOLETE OR SUBSTANDARD UNDER ANY API'LICAilLE ORDINANCE OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BP.COHES A HAZARD OR A DANGER. 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 FOR A PERMIT TO MAKE IMPROVEMENTS TO THE FACADE OF THE BUILDING ON WHICU THE SIGN IS LOCATED. APPEALS SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16. 7-l)d OF TilE SIGN CODE. (f) Awnings. I. Two types of canvas 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 upp er floors. 4. Maximum depth of awnings shall be 8 feet. 5. Color scheme of awnings shall co mplement the colors of the equipment. (g) Mechanical equipment. 1. Mechanical equipment projecting from facade into the right-of-way s hall n ot 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& whe re 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- -d-:-----DeM'!ft:~~ ..... .._.-~-£-oo«-i--o&f-~.a.w_.J_~ H.~--l1'1--etiei-.:~-t-e--t.fte...~---i~--4a,-~-t~-~.da-~ ~ preparecl-"*&-~~ ee•pati&!Uit¥-.e.f-~-. dau·lgp-- ment-~ etc:i:at 'l:nt--&t.-H:<i4.~ (-at--t>aca<he-"llltmt-"'Oe'Ctn--at:-r :i:&irt:4){ way -1-in-e-{}--f-&ot--eet~ ~--&«:--*tK-ec~~~..u~...__ ~~.mater< a' & ~~~-fU"operr., .J..i..ne..ne2d. ~ .. ••e~.bw;..~ .. -.-..pp>:ovad ~-~ ~~~-(;(2) (l)l ~-&ppl'oved -Ua.t...,+. p•a,aaCiCMh--...U.~..aetheok 1 ..,~~..J.L..anca••rpged ~-Na88!K'y·~~~~-G0ARt 1 t!lt8~~ ~r--fht.i.w.~~-~~-f~--tG.~i.a&~l -~-w.ft-4S.).~..-.4M-~ tl'G't••nt ~ f-lt).--hi-w"'tt~ittk-5-~J..l.~~-4~u.p-~~ _ ........... 5-~-J.l.-~-L--l''lllit Q.f..wa~p I • • NOTE: • • • -8- In order to bring the Comprehensive Zoning Ordinan ce under the 1969 Englewood Municipal Code, as am e nded, "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.D.) 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 he alth, safety, welfare and co nvenience in the use and occupancy of buildings and facilities. The amenities and compatibilities of the Planned Development classification are to be insured ~e 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 er-a~ther~eed-repreaefttat~vee-ei the-ewfter and after approval by the City Planning and Zoning Commission AND CITY COUNCIL. Construction on said land shall take place only after the approval of documents have been recorded in the Office of the Clerk and Recorder of Arapahoe County, Colorado. Section 16·4--2. Requirements. (a) DEVELOPMENT UNDER the PLANNED DEVELOPMENT District REGULATION .. y-ee ee.&ifte4-with-ew,-ethe.-.afte4-4iatriet-aftd shall be subject to the provisions of this ordinance as well as the basic eeftiftS ZONE district with which it is combined. Where a conflict occurs between an approved P.D. and the regulations of the underlying eaftiftS ZONE district, the approved P.O. shall prevail, except with regard to permitted uses, AND dwelling unit density. aft4-eii-atreet-parkiftS re~~ire~fttST THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A PLANNED DEVELOPMENT HAVING AN AREA OF 10 ACRES OR MORE AND UNDER ONE OWNERSHIP • I • • - • • • • 2 (b) In order to encourage good design and flexibility, the-6tt1 Ptanntnt-ana-aenint-Ge.aiaat&ft-ma1-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 wil l be co nsumated 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. tet--~e-Gity -Planntnt-ana-aenint-Ge .. iaaien-•ay-vaive-Hp-te-ana tnelHaint-~ven~1-five-f2§t-pereen~-ef-~he-eff.-s~ree~-perkin~-re~Hiremen~s ae-eetahliehea-h1-Ghapter-22T5-5-ef.-~he-aenint-9PatnaneeT-eHh;eetT-hevevePT t&-the-etanearaa-eatahliahee-pHPeHant-te-Seetien-~-tet-ef.-thie-GhapterT Section 16.4--3. Pre-Application Conference A pre-a pplication conference shall be held with the staff of the Department of Community 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 .. 1 SHALL be filed by the owner or owners of the land. er-hy-a-peraen-havins-an-intereat in-the-preperty-that-ia-te-he-inelH4ee-in-the-Plannee-9evelep.entT-pPe- viee4-that-aHeh-applieatien-ahall-he-aeee.,aniee-hy-the-vritten-a•theriaa- tien~e•eh-aetien-aisnea-hy-the-evner-er-evnera-ef.-aeie-lanaT-tesether vith-a-etate.ent-aisnee-hy-the-evner-er-evnere-that-they-asree-te-ee-he•ne hy -the-res•latiena-ene-eeneitiena-vhieh-vitl-he-ef.feettve-vith-the-eppreval ene-reeer4ins-ef-the-9evelep .. nt-Plen . The application shall be made on a form provided by the City and shall be accompanied by plana and written statements showing the following inforaation: I • • • • • • J (a) Preiiaiftary-Piane. DEVELOPMENT PLAN. A rPeliminapy DEVELOPMENT Plan showing the major details of the proposed Planned Development at a scale of not less than 1" -50' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed develop- ment. The Prel~inary DEVELOPMENT Plana 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) lbe 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 major 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 reserved for public purposes, including, but not liaited to: parks and recreational areas, bicycle and pedestrian facilities, eeheeier-,_81ie-e~il4inte EASEMENTS FOR UTILITIES, or other public purposes; (9) Areas subject to a 100-year flooding cycle; (10) A general landscape plan with major types of materials designated as to purpose, SOURCE OF WATER AND TYPE OF SPRINKLING SYSTEM. (11) DRAINAGE PLANS (12) til~ Designation of various stages 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 inforMation: (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 develop-nt, including building descriptions, sketc.hes, 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 reaponsible for coordinating the review of the development plans by the various City departments and appropriate public agencies culminating in the submission of an advisory report and recommends- tion to the City Planning and Zoning Commission. Submission of the report and recommendations shall be accomplished within thirty (30) days after the filing of the co-rlete application. A copy of the advisory report and reco..endations shall be furnished to the applicant. I • • - i I I I f I I t • • • • -5- (b) Within thirty (30) days after having received such report, the Commission, Hpeft proper fte~iee, shall hold a public h ea r ing on the application. The applicant shall post the property of the proposed Planned Development, in a form prescribed by the Department of Co!Miunity Dev e l opme nt, a nd THE DEPAR T- MENT OF COMMUNITY DEVELOPMENT SHALL BE RESPONSIBLE FOR PUBLISHING THE LEGAL NOTICE OF THE PUBLIC HEARING. sha±l g!Ye w~i~~en fteEiee ei ~he pYhlie hea~iRgT (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 CI TY 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 RET URNED TO THE APPL IC ANT TOGETHER WITH THE FI NDINGS SETTING FORTH THE REASON FOR DIS- APPROVAL. THE APPLICANT MAY MAK E THE NECESSARY REVISION AND RESUBMIT TO THE CITY PLANNING COMMISSION, OR THE DECISION OF THE CITY PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY THE APPLICANT. A SECOND PUBLIC HEARING SHALL NOT BE REQUIRED BY THE CITY PLANNING COMM ISSION ON THE REVISIONS. Til E Cil'Y COUNCIL AT ITS DISCRETION MAY lmQUIRE A I'UBLIC HEARING PRIOR TO CONSID ERATION OF THE PROPOSED PLANNED DEVELOPMENT. SUCH HEARING SHALL BE SCHE DUL ED IN A TIMELY HANN ER. Within thirty (30) days following the CITY COUNCIL'S public hearing, I • if held, or within thirty (30) days following receipt of the Plannin& - • • • • 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 KAY MAKE ANY NECESSARY CORRECTIONS AND RESUHBIT THE CORRECTED PLAN. (d) All THE approved l!lt~e-plaru!-f'er-Planfte<l 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 decision made under the terms of this Chapter shall DO SO apply-f'er-reviev within thirty (30) days af'~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 106 (a) (4) of the Colorado Rules of Civil Procedure. Section 16.4--6. Standards Before approving a Planned Development, the approving agency shall make written findings that the Planned Development will imple.ent the purposes of this Ordinance and of this Chapter, and, in addition, .eet the following requirements: (a) Y!!! Peraitted. The ~•es USE in the Planned Development must be Uperat~~e<l-ey-righ~U A PERMITTED PRINCIPAL USE IN THE ZONE DISTRICT IN WHICH THE PLANNED DEVELOPMENT IS LOCATED OR A USE PERMITTED PURSUANT TO OTHER PROVISIONS OF THIS ORDINANCE INCLUDING ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS.or-eppro.ed-ea-Uperattee4-ey-apeetel-Pe¥iewU-tR-the ie~te-Bta~rte~-ift-vhteh-~he-Pleftfted-9evelepaeft~-ta-leea~dT (b) The Planned Development is consistent with the intent of the Comprehensive Plan and the policies therein. • I • - • • • • • (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 aini•um usable open space requirements if ehe-6-..iaaieft IT IS 4e~erainee 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 el-4welliftS~fti~e for whose use it is intended. (3) The area will~-•ee4-ea4-ia SHALL BE suitable AND SHALL BE USED for eeenieT landscaping, AND recreational er-all-el-ehe alereaefteieee4 purposes. (e) The nuaber of off-street parking spaces in the proposed develop- ment shall not be leas than the requireaents of Section ----------of this Ordinance, provided, however, that the CITY COUNCIL MAY, UPON THE RECOKHENDA- TION OF THE Planning and Zoning co .. iaaion, .. , waive up to and including twenty-five (25) percent of said requirements in any eeee4 ZONE diatrict, 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 siauilur developments. (2) The parking needs of non-residential uses will lesaan the overall parking needs of the davalop .. nt • • I • • • 8 • • • (3) Varying time periods of usage by mixed us es in the develop- ment will lessen overall parking requirements. (4) The property owners will participate in a mendetery parking district which will adequately meet the off-street parking needs of the development. {f) Site Planning. The approving e~eney AGENCIES shall be satisfied that the site plan for the Planned Development meets all of the following requireaents: (1) ~he-PleaRe4-Be¥ele~mea~-~·~-ee-plenaee-in-reletieaehip-~e the-aerrGanetns-areaT-ea4-aHet-ee-leneeeapeeT--Ia-eeeitienT ehe-e .. e-pl~n-..ee-eeaeaia-a-a§-taee-&.tier-etrip-in-eny prepeee4-4e .. lepaeat-whieh-vill-inel.ee-aMltiple-taaily-er- een-reai4eaeiel-&.ileinl•-••-••••••••ee-whteh-te-•eieeene ee-a-&6fttie-t..tly-reeteenetal-•ee-eteerteeT--ihe-h•tier eertp-ehall-ee-hept-tree-et-&.ileint•-e•-••••••••••-••4-..et ee-left4ee•pe4T-eere•ae4T-eP-preteete4-ey-net.rel-feet•reaT ae-the•-.4¥aree-ettee••-aa-........ iet-•••••-... --'•'-'••4t IF ntE PROPOSED DEVELOPMENT INCLUDES MULTIPLE FAMILY OR NONRESIDENTIAL BUILDINGS OR STRUCTURES AND IT IS ADJACENT TO A SINGLE-FAMILY RESIDENTIAL USE DISTRICT, ntE DEVELOPMENT MUST CONTAIN A BUFFER. IN ORDER TO MINIMIZE ANY ADVERSE EFFECTS ON THE ADJACENT SINGLE-FAMILY AREA, THE BUFFER SHALL BE A TWENTY-FIVE (25 ) FOOT LANDSCAPED AREA OR AN OPAQUE SIX FOOT (6') DECORATIVE FENCE. (2) Within the Planned Development, epaetn1 SUFFICIENT SPACE .ust be provided between buildings and structures, giving consideration to their intended use, their location, design and height, the placeaent and extent of facing window areaa, and the topography and auch other natural features •• will aaaure privacy and a pleasant environaant; • I • - • 9 f • • • (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 ~e be generated, and all curbs at entrances and other access points shall have ramps to facilitate access for THE HANDICAPPED AND FOR bicycles. aftd-haftdieappedT All Planned Developments must have access to public streets. Private, internal streets may be permitted if they eaft-&e-•ae4-~y-peliee-aa4-•i•e depar~~-~-wehieles-•e•-e~rse•ey-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, parka, greenbelts and other facilities as necessary. Trail systems and walkways through open space areas are encouraged as an alternate to pedestrian sidewalk requirements and may be used upon approval by the City providing the followi~g criteria are .at: (a) The system provides at least the aame level of service as would the applicable sidewalk requirement. (b) Ease.ents 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 .. ana is established for maintenance. --------~---------.----~~-----. --. ·--·.------·.- • • I • • ( • 10 • • • (e) Pedestrian walkways and bicycle trails are not com bined . (f) Where the area considere d for Planned Development is less than 5 ac res, 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. Development in Stages The npproving e~eney AGENCIE S may a uth orize th e implementntion o( the development plan in stages. However, AT THE TIME OF CONSTRUCTION OF THE FIRST STAGE ier-eeeh-e•eher~eee-e~ese of planned development, any private or public perk-eree-~e-ae-een.eyedT-ded~ee~dT-eP-PeeervedT RECREATIONAL FACILITIES REQUIRED BY THE DEVELOPMENT PLAN shall be ei-e•ii~e~en~-etee CONSTRUCTED to serve the dwelling unit density Eer-~he~-e~ese-er-ei-e~EE~eten~-e~ee-~e-eerve ~he-eweiitns-~n~~-eene~~Y for the entire development . li-~he-eenveyeneeT eeeiee~~en-er-reeerveeiea-eE-~he-p~eiie-er-priveee-perk-eree-~e-eeeseeT •••h-perk-eree-eheii-&e-ieeeeee-in-ehe~-pere-eE-ehe-Piennee-Beveiep .. ne iaei•4e4-ia-ehee-eeeaeT-er-eieewhere-ia-ehe-Pieaae4-8eveiep .. ne-e~-•-ieeeeiea eeeeee~&ie -ee-~he-eweii~ns-.ate-ee-ee-prevteee-~a-ehee-eeeaeT Section 16.4--8. Chana•• in the Development Plan Except as provided hereafter, no changes may be made in the approved Planned Development during ita implementation: (a) Minor changes in the location, eeeetnsT-hetsh~-er-ehereeer of buildings and structures .ay be authorized by the Director of Community Development if required by engineering or other circumstances not foreseen at the time the development program was approved. No change authorized by the Director of Comaunity Development under this Section may increaae the etee DENSITY of eny-h~iietns-er-3~P~e~~•e-hy-aere-~hea-Eive-~§~-pereeae THE DEVELOPMENT, nor change the location of any building or structure by .are than • I • • - • • • • • 11 ~eR-ti97-~e~-iR-efty-eiree~ient 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 is closer to any side or front property line than was approved on the Development Plan. (b) All other changes in the Planned Development Plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a Planned Development. Section 16.4--9. Ann~ai-Review REVIEW FOR CONFORMANCE A~-ieaa~-eftee-every-eweive-fi27-men~hsT The Department of Community Development shall review all building permits which have been issued for the Planned Development and shall examine the construction which has taken place on the site TO INSURE CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN. ~-Biree~er-ef-6~fti~y-9eveiep~B~-ahaii-aake-a-reper~-ei-afty-vieiaeiefte ef-~e-previaiefta-ef-~hie-6hepter-er-ef-•he-ee ... -en4-een4ieiene-ei-ehe Be¥elep .. n•-Pien-appre¥el-ee-ehe-Plannins-Ge .. ieeienT-eft4-•he-Ga-.6eeien ahall-hel4-a-hearift&-eft-ehe-repar•-••-vieleeiene-eM~ieee4-ay-ehe-9iree•••T heviRS-firee-siven-wri•een-ne•iee-~e-•he-Plenne4-9evelap .. n•-•PPlieen•-•n4 all-ewnere-ef-aaM~•ins-preper~yT--~peB-reviev-ei-~he-allese4-vieleeieneT ehe-6e .. iaeien-.. yT-if-i~-4eea&-fteeeSS8PyT-Pe~MiPe-ehae-apprepriaee-ee~i8ft ae-eaken-ee-reae4y-ehe-viela~Sft8T--Ii-eMeh-aeeieft-ia-ftae-eaken-ay-ehe applieane-wiehin-ehirey-f~97-4ayeT-er-ii-ehe-Ge .. iaeien-4eeerainee-•h••-*• ia-fteeeeeary-~e-eaen4-er-ae4ify-ehe-9evelap .. ne-PlanT-•he-Ge-.6eaien-aey ... n4y-.a4ify-er-reveke-•he-epprevel-ei-ehe-9evalap .. ne-Plen-sivins--vri•••n iin4inse-ehereierT IF THE CONSTRUCTION lS NOT IN CONFORMANCE WITH THE APPROVED DEVELOPMENT Pl.AN, A STOP WORK ORDER SHALL BE Pl.ACED ON ALL CONSTRUCTION UNTIL SUCH TIME AS THE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONFORMANCE WITH TilE APPROVED DEVELOPMENT Pl.AN WinliN THIRTY (30) DAYS, • I • • ( • • • • I Z 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 APPROVED DEVELOPMENT PLAN. IF THE AMENDMENTS OR MODIFICATIONS ARE NOT APPROVED, THE APPLICANT SHALL BRING THE PROJECT INTO CONFORMANCE, OR THE COMMISS!ON SHALL REVOKE THE APPROVAL OF THE PLANNED DEVELOPMENT GIVING WRITTEN FINDING THEREFOR. SECTION 16.4--10. ANNUAL REVIEW IF APPLICATION 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 WITHDRAWN 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- MENT SHALL COMPLY WITH THE PROCRDURE SET FORTH ABOVE. Section 16.4 lQT 11. Completion of the Planned Development Upon the completion o f the Planned Development, the Director of Community Develop.ent shall issue a certificate for the Planned Develop.ent certifying the compl e tion a nd s ha ll n o t e the issuanc e of the certificate on an office copy of the official Zoning Hap and on the Site Plan. After c oapletion, the use of land and the conatruction, modification, or alteration of any buildinga within the Planned Development will be governed by the approved Development Plan • • I • • • - • ,. • ' . l) (f Section 16.4 llT 12. Fee The City Council aay establish a fee schedule for Planned Development applications to cover the costa of processing and review. Section 16.4 liT 13. Afproving Ajency As used in this Chapter, "Approving Agency" shall mean the City Plttftl'l~l'l8 .ae-aeaifta-se..i .. ieft COUNCIL ACTING AFTER HAVING REVIEWED THE RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. ...(~~.QQ .by .OC~~ ~ .J..7., 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: In order to bring the Coaprehenaive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the aaendJaenta being .. de to the Ordinance. This replaces "Title 22" of the 1962 Englewood Municipal Code • • I . 0 __ j • • • • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES &. OVER &. UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY -I ,000 DWELLING UNITS ,0 -5 AC.R E-'PA.R c.• L-: DE.VEI..OPE.D AT A "t>E..N~ I r/ OF I 0WE.LLIMC3 UNIT~ "Pe.R ACRE ::. ~s DWE-LLING uN ,,-5 1....£.''-JII'W 1~5 DW!O.LLING LJNII!? ~E.~RVED QQ -5 A~RE. "PA."'RCEL-~ PEI/ELOP&I:> AT A "t:>E.~~IT'I OF I{ biNE.LI...ING U~li~ VE.R Ae!P::E -::: ID D'f'le;.LLING. UNI~ LEA"ING 1~0 'PW ELLING UNr~ ll.E5El{I/E(' (:100 ooao-15 AC.RE... 'P,t..ll.C.E.L : DE.'IELOPl:-0 ""T A t>~I'T"',' OF 40 "'P'NE.LL/N6 UNI~ 'PE..ll... AC"Q.L~ (poe 1)\Ne.LL.fNC, UNl~ PLU:> Z9S D\Ne.LL.Ir\G I.)Nir~ RE~E.RV€D F~""' T~E. 2. 1=111£ ~Re. "P\?IUION~ OF Tl+f. ::,1n IOTAI-~ ~5 :DWE.WN6 UNI~ 1\LI...()'f'IE.D DEVELOPED UNDER R-3 ZONING t' AC~ I! f'A.R.C.e.L D!:.HSITY : "'1 0 'Dt.'ELLit-iG LJN IT Pl!..~ ACRE. IF "DEV!!:LO"P.E.D C..OUL.D ~'-IE. ipoo DWE..LL-It-1 G UN IT""':>. • I . - ' • • • • • Section 2. The provisions 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 amended, as though set forth in full. Section 3. Sections 22.4-6, 22.4-10, 22.4-11, 22.4A, and 22.4C of Chapter 22, Ordinance No. 26, Series of 1963, are hereby repealed. Section 4. ord u1cma~: The following legal provisions shall apply to this A. Separability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. The COuncil of the City of Englewood hereby declares that it would have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses and phrases be declared unconstitutional. B. Scope. '1\lis Ordinance relates to zon ing , and it does no t repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. Where this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provis i ons of this Ord i nance shall control. Any person, firm, or corporation that violates, disobeys, amits, 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 atnenctnent hereto, is hereby declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated. o. Necessity. The City COuncil hereby finds, determines, and declares that this Ordinance is necessary for the immediate preservation of the p..~blic peace, health, safety and convenience. • I • • • • • • Section 5 . In the opinion of tne City Council, an anergency exists. Tnerefore, this ~dinance shall take effect and be in force f rom and after its final passage and publication . The erneJ:ge=y is that the current ordinances of the City of Englewood do no: address land use issues necessary for the proper develop- men t o f the City. This ord inance shal l address those deficiencies. ln~roduced , read iu ful l , and passed on first readin3 on the loth day of Apr1 l , 1~64. Publlshed as a Bill fo:: an ~dinance on the 18th day of April, 198.;. Read by title and passed on final reading on the 7tn day of May, 1984 . Publlshed by title as ~dinance No •. ___ , Series of 1984, on tne 9th day of Ma y , 1984. Eugene L. 0t1s, Mayor Attes:: ex offic1o Ciiy ::lerk-Tr eas,liei I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, nereby certify that tne above and forego1ng is a true, accurate and canplete copy o f tne ~dinance passed on f1nal reading and published by title as ~dinance No. , Series of 1984. ---- Gary R. Higbee I • • - • ORDINAOCE tV. SERIES CF 1984-- • • • BY AtJI'HORITY axJNCIL BILL tV. 18 INTRODUCED BY axJNCIL MEMBER BILO AN CRDINAN.:E l!MEH)I!«i 'lliE MUIICIPAL OJOE CF 'lliE CITY CF m>L~OOD, CXlLORADO, BY AIDING 'lliERETO A NEW OiAPI'ER <niSTITUTING A PORTION CF 'mE <llHPRnlENSIVE za..IING CRDINAN.:E FOR 'DiE CITY CF m>L~OOD, a>LORADO, FOR 'DiE PURPOSE !F Pl010l'ING 'DiE HEAL'IH, SAFETY, ~ Nol> GENERAL wa.FARE CF 'DiE CCH1llHTY; 'ro REGJLATE AND RESTRICT 'DiE APPEARAN:E, SIZE, atARACTER, HEIGfl', NV mLK CF BUILDINGS AND STRlCI'URES; '1'0 DETERHINE 'DiE AREA CF YARDS, OXJRTS, AND PLACES SURR()(H)ING 'DUJ4; 'ro REWLATE NV RESTRICT 'DiE DENSITY CF FOPULA- TION; 'ro REGJLATE AND RESTRICT 'DiE USE CF LAM) WITHIN A DESIGNATED FLOOD PLAIN OR DRAHP.GE WAY; '1'0 DIVIDE 'niE CITY CF ENQ.EWOOD, CXlLORADO, INTO DISTRICTS FOR SlXli PURPOSES; AOOPTING AND IOCORPO- RATING HEREIN A ZONING HM' WI'IH AIL 'niE NOTATIONS, REFEREOCES NV O'lllER INFOR!9.TION 9iOWN '!HEREON ~ING, ESTABLISHING, AND DELINEATING St.Xli ZONE DISTRICTS NV 'niE BOUNDARIES THElUXF; WHIOi ORDINAN.:E IS AOOPTED PURSUANT '1'0 'DiE <niSTITlrl'ION CF 'DiE STATE CF CXlLORADO Nol> 'ftfROUGH 'DiE EXEICISE CF ~ GWfl'ID Nol> JICCVIRED IN 'mE HQolE RULE CHARTER ADOPTED IN 1958 BY 'niE CITY CF ENGLEWOOD, RIDlGNIZING 'ftlAT za..IING IS lLTI~TELY A LOCAL NV HtlHCIPAL ~TTER, 'niE INTDII' CF '!HIS PORTH».! CF 'niE CCI1PRmmSIVE ZONING ORDINAOCE BEING '1'0 SUPERSEDE WITHIN 'DiE TERRITORIAL LIMITS NV antER JURIS- D ICTIOO CF 'niE CITY CF ENGLEWOOO 'niE GENERAL LAW CF '11-!E STATE CF CXlLORADO IN CDNFLICT ~ITH, REPEALING FORTIOOS CF CRDINAN:E tV. 26, SERIES CF 1963, AS AHEH>ED, AND PRESCRIBIN:i PENALTIES AS SET FORTH IN THE HtlHCIPAL CXlOE CF "mE CITY CF EHiL~OOD WHIOi 9iAIL APPLY 'ro VIOLATIONS CF THE PR:>VISIONS CF '!HIS ORDINAOCE Nol> DR:LARING AN ~Y. t«>W, 'IHEREFORE, BE I T OODAINED BY 'Di E CITY axJNC IL CF 'lliE CITY CF ENGLD«X)[), COLORADO, AS FOLI.QolS: Section 1 . '1\lere is hereby OOded to the Englewood I'Unicipal Code of 1963 , as amended, Title XV I , which shall read as follo ws: I • • • • • • Section 16.4-8 R-3, High Density Residence District. April 11, 1984 Fe brua ry 15, 1984 October 28, 1983 It is the goal of the e!t!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 developaent plan should be submitted for all RESIDENTIAL develop- ments HAVING MORE THAN FOUR DWELLING UNITS. 2. New high-density residential AND OFFICE project s should be sens itiz ed 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 sit e design, identity, and to warrant the install at ion of desirable amenities. 4. Where possible, the view of the mountains should be preserved and enhaaee4T BUILDINGS ORIENTED IN SUCH A WAY AS TO MAXIMIZE THE OCCUPANT VIEW OF THE MOUNTAINS. The R-3 District is coapoaed of THOSE AREAS WHICH ARE CONDUCIVE TO high- density residential a~eae ef the G!ly; e~e!na~!ly AND PROFESSIONAL OFFICE DE- VELOPHENT WHICH HAY BE located between single and two-family residential areas and commercial areas, plus ce rta in o pe n ar eas where s ita i l a r d e velopment app e ars likely to occur. The regulations for this District are designed to stabilize and protect th e essential charac t e r is tics o f the Di s tric t, to promot e and en- courage, insofar as is co-ratible with the high intensity of land use, suitable environment for family life, and to per•it certain professional uses of a c haracter unlikely to develop a c oncentration of traffic, e•ewea ef peeple • I • • - ' • • • • -2- BftC aeftePe~ •~~•••• s4ve•~!etftiT 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. Re si- dential types of structures as well as various institutions are permitted, plus structures for professional uses conforming to the pattern of the Dis- trict, a. s~pp~e.ea••!Y GENERAL regulations. The provisions found in this Zone District shall be subject to the require.ents and standards found in vided for in this Ordinance or an amendment thereto. b. Permitted principal uses, ~~~ Afty Mae pe .. !••e4 !ft R-a iefte »!st•!e~T (1) SINGLE-FAMILY DETACHED DWELLING. (2) SINGLE-FAMILY AifACHED DWELLING. (3) TWO-FAMILY DWELLING WITH AT LEAST ONE PARTY WALL UNDER A COMMON IOOF. ~a~ (4) Multi-family dwellings, PLANNED DEVELOPMENT APPROVAL IS RE- QUIRED FOR MORE THAN FOUR UNITS. ~~~4 ~y 994T NeT ~§T ie•!ss el ~9+~~ ~·~ Ne• ~· e•eee4 fe•~y ~49~ Mat•• pe• sePeT e•eep• •• pPevi4e4 tft See~t8ft aaT4-64T P~eRfte4 4evelepaeat spp.avsl is Pe~v!Pe4 ie• sl~ avl•!- fea!ly 4well!ng wnitsT ~~~ (S) Hospitals and clinics, but not animal hospitals or clinics. ~·~ (6) Retire-nt or senior citizen housing, rest homes, and nursing homes, ~i~ (7) Professional offices in which chattels or goods, warea or aerchandise are not co .. ercially created or sold • • I • • • -J- (8) CHILDCARE CENTERS. {e} (9) Educationa l ins titutio ns. f~} (10) Religious institutio ns. • • • {8} (11) Public ise!l!~!es BU I LD I NGS . c. Hift!•H• ares et le~T MINIMUM LOT AREA FOR PERM I TTED PRINCIPAL USES. (1) PARCELS OF LAND UNDER 43,560 SQUAR E FEET {l} iiRtle-i .. ily 4vellifti8TTTTTTTTTTTTTTTTTTTTT6TQQQ ·~T ,.T fa} Ke4iHa-4eR&i~y ewell!ftt8TTTTTTTTTTTTTTTTTTTT~iee R-a Gee~!eft} {3} HHl~i-is•ily ewelliftgBTT TTTTTTT TT TTTTT TTTTTT 4a,ggg ~q. f ~T (a ) SIN CLE-FAMILY DETA CHED DW ELL I NC ........ 6 , 0 00 SQ. FT . (b) SINGLE-FAMILY ATTACHED DWELLING ........ 3,000 SQ. FT. PE R DW ELLING UN IT (c) TWO-FAMILY DWELLING .•..••••••••.•.•••.. 6,000 SQ. FT . (d) THREE-FAMILY DWELLING .....•.•...•.....• 9,000 SQ . FT. (e) FOUR-FAMILY DW ELLIN G •...••..•...•..•.. 1 2 ,000 SQ . FT . (f) EACH ADDITIONAL RES IDENT I AL DW ELLING UNIT OVER FOUR DWELLING UNITS •••••••.•.•..••.•.•••••.• 1, 000 SQ. FT. (2) PARCELS OF LAND CONTAINING 43,560 SQUARE FEET OR MORE HAY BE DEVELOPED AT A DENS I TY OF ONE UN IT PER 1,089 SQUAR E FE ET. f4} ieHee~e&al iRe•i•H~iefte T relitieHs ift8•i~w~ieaeT pwelie f ~} (3) All other permitted principal uses .•.•..... 24 ,000 sq. ft. (THIS SECTION SHA LL NOT APPLY TO AN EXISTING STRUCTURE CO N- VERTED 1'0 ACCO MMOD ATE A PERMl TTEO PRINCIPAL USE IF NO OTIIP.R LAND IS AVAI LAB LE AN D IF THE HINIHUH REQUI RED OFF-ST RE ET PARK I NG IS PROVIDED.) • I • - • • • • -4- .T Permi*~·· eefts~y &en~a eys~e •• {l~ BenHa ie~ s!£e eeeeM&lage~ PerM!*~·· base eene!~YTTTTTTTTTTTTTTTTTTTTT49 d.H./Re~ aeFe BORYS io~ inereaeee le~ aseemblyTTTTTTTTTTT~ BTHT for eeek sa- ei~!enal l,QQQ B~T i~T aeaeallleoiT {2~ HaHiaHa denei£y wi£k benH&e&•••••T<TTTTTTTT+9 STHT/ne~ aeFe eT Hin!MHM fleer ereaT <.1. FLOOR AREA. (1) MINIMUM RESIDENTIAL FLOOR AREA. (a) Single-family dwellings .••..•.•.•...•.•..•.... 050 sq. ft. (b) Me4iwa eenei&y ane hiah eanei&y 4wellinse~ ALL OTHER IJJELLINGS. (i) Efficiency and/or one bedroom unit •••••.. 650 sq. ft. (ii) Two bedroom unit •••.•.•••••••.••.••..•••. 750 sq. ft. (iii) Three bedroom unit ••••••••••••••••.•••••• 9 50 sq. ft. (iv) Each additional bedroom •••••••••••••••••• 110 sq. ft. (2) MAXIMUM OFFICE FLOOR AREA. (a) TilE SUM TOTAL OF THE GROSS FLOOR AREA IN ALL STRUCTURES ON THE 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. MaMi.-. pe•eantage &f le& 88Y8•818TTTTTTTTTTTTTTTTTTTTTT3jl {Parking at•~et~•eeT s•••s••T •••P••&• ••• nat inel~eae in let eaYens T~ • I • - • • • • • -5- HiftiMHM ti8ahle epen speeeTTT T TTTTTTTTTTTTTTTTTTTTTTTTTTTT••••~§% {A eeveree perkins s~r~e~~re wi~h lefteseep!Rt eft ~ep may &e !ft- elMeee as epen spaeeTt e. Minimum usable open space. Minimum usable open space ...•...•...•.•...........•.....•.•.. 25 % OF LOT AREA OPEN SPACE AREAS SHALL BE PROPERLY LIGHTED FOR SECURITY. ~T f. Ut i lities. Utilities service to buildings in new develep~eft~s SUBDIVISION S MUS T be placed underground. ;T g. Minimum iren~ege ei le~ LOT FRONTAGE. (1) Sina~e-te•ily evelltftiTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT3Q i~T SINGLE-FAMILY DETACHED DWELLING •••••••••••.••••.•..••••• SO FT. (2) Me4iw. 4eaeity 4wellift!TTTTTTTTTTTTTTTTTTTTTTTTTTTTT{See R-~ 9is- trie~ Reg~latisRst SINGLE-FAMILY ATTACHED DWELLING, TWO-FAMILY DWELLING, THREE-FAMILY DWELLING, FOUR-FAMILY DWELLING •••••••.••••• 25FT. PER UNIT. (3) All other permitted principal uses •••••.•.•••.••• , .• , ••• None kT h. Maximum hei,ht et hviletftl BUILDING HEIGHT. ~l~ Sinale-te•ily ane ••• ,~. density ewellift!B TTTTTTT TTT TTT TTTTT T {2t All ether pePMittee pr!neipel ~s e R TTTT T T T T T TTT T TT TTTTTfive f~t eteriae plve 1••4aft lavalT BVt ftftt hiaher tftAft at••Y ~i9t ieetT ~Alee ••• Swpp~e••ntel Raaw1a•ieft8T Seetieft aaTi-~Tt • I • - ' ' • • • • • -6- {1) SINGLE-FAMILY DETACHED AND ATTACHED DWELLING AND TWO, THREE, AND FOUR-FAMILY DWELLING .................... 25FT. (2) ALL OTHER PERMITTED PRINCIPAL USES ...•••.......•.•. 60 FT. (ALSO SEE GENERAL REGULATIONS, SECTION -----·) lT i. Minimum front yard. (1) All permitted principal us es : Up to three stories ................................ 15 ft. Four or five stories ............................... 20 ft. Hare than five stories ............................. 25 ft. lilT j . H inlutuou side yard. (1) Single-family DETACHED dwelling ..••................. 3 ft. (Total 10 feet for both sides) ~~~ Meei~ eeaei~YTTTTTTTTTTTTTTTTTTTTTTTTTTTTTiee ~-~ &ee~ieR ~~~ Al* ••he• pe••t·~·· p•ifteipal ~888TTTTTTTTTTT TTTTTT*3 ~~T {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.) fty k. Minimum rear yard. All permitted principal uses •••........•.......•.....••• 25 feet &T 1. Minimum off-s treet parking. OFF -STREET PARKING SPACES SHALL BE OF A HARD SURFACE, EITHER PAVED WITH ASPHALT OR CONCRETE. (1) SINGLE-FAMILY IJJELLING ••••••••••••••••••••••••••••• 2 SPACES (2) All other permitted principal uses ..•••••.• See Section -------- I • • - 1. m. • • • • • -7- Minimum off-street loading requirements. (See S~ppleaeR~ery GENERAL Regulations.) Accessory buildings and permitted accessory uses. t}* P~iYs~e ga~sgea sF esrrer~sT Priva~e gs~sges e~ es~reF~e ae- sigRea s~ seed is~ ~he s~ersge ei as~sr Yehieles ewftea eF ep- ers~ea hy ~he eeeapaR~e ai the pr!Reipal &a!la!Rgt heweYeF 7 ee ..... i~ ¥ehieles shall ~. liai••• •• a •h•••-~¥••••• {•~4~ teA ee•FyiRg eapae!tyT t•* HeM!MHM height; siRgle-fs~ily-er-mediaa-deftsi~yTTTTTTT ~~••••i -lf~ ~~SFY••••••••••••••••••••••T•••••~§ fee~ {h} Mifti•Ha iF&Rt yaFBTTT-See s~ppleaeRtsry Reg¥la~iSftST ~4~ Re•• ye•4TT~TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~ •~T (1) GARAGES AND CARPORTS. AN ATTACHED OR DETACHED GARAGE OR CARPORT MUST CONFORM TO THE FOLLOWING REQUIREMENTS: (A) MAXIMUM HEIGHT .••••.. , .....•..•.•.•.•.• , ..•.• 18 FEET (8) MINIMUM FRONT YARD ........................... 15 FEET (C) MINIMUM SIDE YARD ............................ 3 FEET (D) MINIMUM REAR YARD: (1) IF ENTRANC" FACES FRONT OR SI DI L .•••.... 3 FlmT (11) IF ENTRANCE FACES REAR .................. 6 FEET (E) HAXIHUH TOTAL Fl.OOR hRF.A .•....•......... 1 , 000 SQ. FT . THIS APPLIES ONLY TO GARAGES FOR SINGLE-FAMILY DWELLINGS. (F) IF GARAGE OR CARPORT IS CONVERTED TO ANOTHER USE, AN EQUIVALENT AMOUNT OF OFF-STREET PARKING MUST BE PROVIDED • • I • • t • • • • • -8- (2) STORAGE SHED. NOT HORE THAN ONE STORAGE SHED SHALL BE PERM I TIED PER DWELLIN G. 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 01' ONE IIOUR FIRE RESlSTlVE ~1ATtm lAI..) (D) MINIMUM REAR YARD ......•............•....•.... 3 FEE'J' (NO SET BACK IS 1\EQUIRED (f TilE WALL ADJACENT TO Till': I'ROI'- ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIVE MAT ERIAL.) f~* (3) Non-coNmercial parking lots. Required parking may be provided within 400 feet of the prop- erty, either within the same district or within a district which permits non-commercial parking lots. Such parking lot must be maintained as long as THE principal permitted use is maintained, OR ALTERNATE PARKING PROVIDED. f~* (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- cilities aa4 '-1 ea•e ee•••••, may be permitted for the con- venience of th tenants. n. HOME OCCUPATION. OCCUPATIONS CUSTOMARILY INCIDENT TO TilE PRINCII'AL USE AS A RESIDENCE WHEN CONDUCTED IN THE SAKE DWELLING, PROVIDED THAT THE FOLLOWING CONDITIONS ARE HET: (1) SALES ON THE PREMISES, THE SALE ON THE PREMISES OF ANY ITEM WHICH HAS NOT BEEN HADE, GROWN, OR PREPARED ON THE PREMISES SHALL BE PROHIBITED . • I • • - • ' • • • • -9- (2) SALES OFF THE PREMISES. SAL ES OFF THE PREMISES BY THE OCC UP AN T SELLI NG HOUSEHOLD GOODS SUCH AS THOSE PRODU CTS OFFERED UY AVON, A!fiiAY, FULLER BRUSH, WATKINS, ETC., SHALL BE PERMITTED. (3) THE OCCUPATION SHALL BE OPERATED ENT I RELY WIT HIN THE DWF.LLIN C. UNIT AND ONLY BY THE PERSON ~R PERSONS MAINTAINING A DWELLIN G UNIT THEREIN. (4) NO ASSISTANTS SHALL BE EMPLOYED. (5) THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREATED TIIEREBY SHALL NO T I NTERFER E WITII THE PEACE, QUIET OR DlGNI'l'Y OF THE NEIGHBOIUlOOD AND AD.JOININ C PROPERTIES. (6) THE OFFICE OR HOME OCCUPATION SHALL NOT HAVE A SEPARATE OUT- SIDE ENTRANCE. (7) INCIDENTAL STORAGE SHALL BE ALLOWED FOR ITEMS HADE 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 UTILI ZE MOR E THAN THREE HUNDRED (300) SQUARE FEET; PROVIDED, HOWEVER, THAT THIS DOES NOT APPLY TO FOSTER FAMILY CARE OR A DAY CARE HOME. (9) A DAY CARE HOKE FOR THE CAR E OF ONE TO FOUR CHILDREN MAY BE PERMITTED AS A HOME OCCUPATION. (10) THE USE OF ELECTRIC MOTORS SHALL BE LIMITED IN POWER, WITH A TOT AL LIMITATION Of ONE AND ONE -llALF (1-l/2) llORSEPOWER, AND NO SINGLE UNIT OVER THREE-QUARTER (3/4) HORSEPOWER. (11) IN NO EVENT SllAl.L Al'N llO~m OCCUPATION I NCl.UDl ' Tl\F. FOl.l.OWTNC BUSINESS OR COMMERCIAL ACTIVITIES: (a) ANIMAL HOSPITAL OR KENNEL: • I • • t • • • • • -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) PROCESS~:s INVOLVING TilE OISI'ENSTNC:, liSI ·: OR IHC\.Y CI.lNC OF IIAZARI>OUS OR FLAMMABLE SUBSTANCES ANil MATEIU Al.S. (NO REGULATION IS INTENDED ON THE SALE OF FLAMMABLE SUBSTANCES WHICH ARE PROPERLY PACKAGED.) (13) ALL HOME OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT UPON COMPLETION OF AN INSPECTION OF THE PREMISES BY THE CODE ENFORCEMENT DIVISION AND THE FIRE DEPARntENT. UBNYIRQNMKN~Ab GUI&B-INB&U p. ENVIRONMENTAL STANDARDS. (1) Solar and wind exposure. Tall structures located adjacent to major open spaces should be sited to insure maximum 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 • • t • • • • • -11- tl!} P!aftHft!T Plaftt mate~iala aka~ld be ael eeted i~em vaPte£tea aRe apeetes that a~e aeeli.atee ieP epeeial eliMa£ie eaRdi£iaRB ia uRd witkift tke eR~leweee a~ea~ A£teR~i eR akeuld be gtveR £e eke eiee aRe ehaPae~eP a~ Ma~ePiale wktek will pFaeue e ~ke ees!£e8 lafteaeapee effee£T P~eviaieRa ekeuld be Made fe~ tP¥tga~ie R aftft t~e4tftA ayateaa aRe plaeeaeftt te~ p~eper maifttefta~tee aRe preteetien te iftaure mature grewth ef the plaRte~ fa} Plaft£ mat eria~~ Mhou ld he arran~ed ±H " m&Rftet to eomr+emeHt £k e eFek t~ee£u £e l ~ual i£y ef ~leaa a£ea s. (8} Qee!aveva ~pees ahavl& ka weea !R plaaa aPeaa ~a allaw s uA- light eur!ftg £he wtR~e• aaR£hBT (~} (2) Parking • (a) Parking areas should b e screened from public v iew by landscaping. (b) Th e use of berms s hould be e n coura g ed a long the major street system to complement the planting effect and to provide a protective separation and screening devic e b e - tween pedestrian and vehicle. ¥T q. OTHER PROVISI ONS AND REQUIREMENTS. (1) NO TRUCK EXCEEDING SEVEN THOUSAND POUND S, EMPTY WEIGHT, NO AUTOMOBILE TRALLER, llUS OR MOTOR[WD HECREATIONAL VEIIICLE EXCEEDING 22 FEET IN LENGTH, AND NO TRUCK-TRACTOR OR SEMI- TRAILI~R SIIALL 8" l'ARKEil OR STORED ON ANY ZONE LOT. (2) LIQUEFIED PETROLEUM GAS INSTALLATIONS SH ALL BE PERMITTED ONLY FOR THE I'URPOSIO: OF Sut>I'L YIN G I'UEL FOR APPROVED IH'ATING !'QUIP- KENT. TANKS IN EXCESS OF 500 GALLONS (WATER CAPACITY) WILL NOT BE PERMITTED IN THIS ZONE DISTRICT. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL CONFORM 1'0 CURRENT FIHE CODE REQUll{l-:HEN'l'S • • I • • NOTE: • • • • • -1 2- In o rder t o bring the Comprehens i ve Zoning Ordina n c e under th e 1969 Englewood Municipal Code, as amended, "Title 16" has been assign e d t o th e amendm e nt s b ein g ma d e t o th e Ord i na n ce . Th is re- pl a c es "Title 22" of th e 1962 Englewood Municipal Co d e . • I • • - • • • • • Section 16.4-10 B-1 Business District. April 11, 1984 March 1 3, 19!14 February 15, 1984 Dece111bcr 20, 1983 December 7, 1983 June 7, 1983 May 18, 1983 December 21, 1982 THE B-1 BUSINESS DISTRICT IS A MIXED-USE DISTRICT WHICH IS APPLI ED TO THE CENTRAL BUSINESS SECTION OF ENGLEWOOD. THE DISTRICT IS DESIGNED TO CREATE AN ENVIRONMENT HAVING URBAN CllARACTERISTICS WITHIN A RELATIVELY SMALL AREA OF LAND THROUGH THE CLOSE PROXIMITY OF ACTIVITIES, THE INCREASED SOCIAL AND CUL- TURAL OPPORTUNITIES AND THE POSSilliLITY OF CHOICE IN ONE'S CONTACTS AND AS- SOCIATES. WITHIN THIS DISTRICT, THE TREND WILL BE AWAY FROM THE MONOTONY OF SEPARATOR\' LAND USE AND TOWARD THE VARIETY OF LAND USE ALTERNATIVES WHICH ACCOMMODAT E THE CURRENT LIVING PREFERENCES. The e~r~e*~•ee USES *hereift WITHIN THIS DISTRICT are ~ee4 priaa•ily THOSE WHICH provide retailing and personal services to residents WITHIN THIS AREA AND TO RESIDENTS of the City and the surrounding area. IN ORDER TO MAKE THE CENTRAL BUSINESS DISTRICT VIABLE 24 HOURS A DAY AND NOT JUST DURING THE TRADITIONAL BUSINESS HOURS, MEDIUM AND HIGH-DENSITY RESIDENTIAL UNITS ARE ENCOURAGED. The uses permitted within this District are those that will provide the maximum amount of service to residents of the Gi*Y AREA and will be eeftsee•ieft ADJACENT DEVELOPMENT. Zone District shall be subject to the requirements and standards found in Section ----------• GMppleaeftla•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 • • • • • • • (1) Ambulance service; (2) ANTIQUE STORE; -2- (3) Assembly halls or audito r i um s; f3~ Any -•• ~n~eft4ee ~e pPe¥~ee ea-seMent •• entePta~nMent en pey-nt ei e iee •• aea~ae~eft ehaPteT (Repealed by Ord. 1128 Series of 1982). f4~ Any ••• inteaeee te p•e•iee hea~th t•ea~ent ie• the payMent ei a ieet (4) f3~ Apparel and accessory stores; (~) f~~ Appliance stores; (6) f~~ Art galleries OR STUDIOS; fl~ A•ee aa~ee a• •epai•; h•t ne ea .. epeia~ w•eekinS; eiaaantlinS; er f•ak yaP4BT Any a•te •epa~• ahep aha~~ he aft aeeeaea•y -a• te an a•te aa~ee wee; aae •eee ee• ~eta aPe pepa~ttee when waee ~ eeaf.aeeiea wieh ana ae an iates•a~ paPt ai e aew ea• eathliak- aentt pP8¥teeeT hewe¥eP; the weee ea• let shell he awhfeet te the ._..~ ... eaea aa eweliaee in the '•ppleaeata•y RaswlatieneT (7) {9~ Bakeries, retail; HO~ leftu; (8) fll~ Barber shops; (9) fla~ Beauty shops; (10) fl3~ Bicycle stores; fl4~ leat atePeat (ll) {13} Book stores, NOT INCLUDING ADULT BOOK STORES; ~li~ lewlins alleyet ~l~~ l•ileiaa .. •••ial aa*a• ..... ~aMalweias lw•h•• y•••• •• ••t•••· .... aa•~t (12) {li~ Buaineaa machine etePee 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) H!3~ Cleaning with non-inflammable cleaning agents only; (19) {a a~ Collection and distribution station for laundry and cleaners; (20) {~4~ Clinics, dental, elf medical, OR OPTICAL; H.§~ G!fatiRg Servieet (21) {aft~ Dairy products stores; (22) {~II} Dance studios for private instructions; (23) {aH Diaper service; (24) U9~ Delicatessen stores; (25) UQ~ Departaent stores; UH ~esa .. king shape~ (26) un Drug stores; {27) un Dry goods stores; dry (28) H4~ Eating or drinking establishments, NEED NOT BE ENCLOSED, BUT NOT INCLUDING DRIVE-IN; (29) {3i~ Educational institutions; ~3ft~ 8A& en4 pe~l~ry s~erea {na ala~gh~e ring, eviseera~ing, pl~ekiftg er 4resaing~~ (30) {3~~ 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) t38~ Electric substations; (32) {39~ Exterainators; • I • - ' • • • • • • -4 - (33) FINANCIAL INST ITUTI ONS; ~4Qt ¥ire e~a~!eftst (34) ~4~t Floral shops; f42t ¥eee ~eeker p~aft~s ~reftttftS eft~Y !fteiv!e~a~ ~eeke~e ieF kem e e~e~eMe~ s~erage ef feed, iRel~diRg sale a£ Fe£ail, e H££iR g aftd paekag!ftg ef ieee, Mea£~ efta gaMe, kH£ Re~ iRelHdiRg aia•sh~ePiftl er evieee•a~iftB ~he•eeitt ~43t ¥eee pPeeeeeiRg {~e~a!~ eft pFeMiseett f44t Fr•i£ e~eFest (35) ~4§t Furniture stores; (36) f46t Garden supplies stores; (37) f4~t Gas regulator stations; (38) f4it Gift, novelty or souvenir stores; (39) f49t Grocery stores; (40) f~t Halls, renting for meetings or social occasions; (41) f§lt Hardware stores ; (42) HW.TK TREATMENT FACILITIES; (43) ~§2t Hobby supply store; (44) f§~t Ho•e furnishings stores; (45) f§4t Hotels AND CONVENTION CENTER; (46) f§§t Interior decorators; (47) f§it Jewelry stores; (48) f§~t Laboratories, dental, e• medical, OR OPTICAL; (49) f§8} Lau ndries; (50) LEATHER GOODS AND LUGGAGE STORES; (51) f~9t Library or reading rooms; (52) f'Qt Liquor stores (sale by package); (53) f'~t Linen supply; • I • ' • -5- (54) ~'~} Locksmith; ~'~} bvssase a~eres~ (55) ~'4} Mail order houses; • • • (56) ~6~} Meat, fish, POULTRY, or seafood stores; ~6'} Me~ereyele e~erest (57) MUNICIPAL BUILDINGS; (58) ~6~} Music stores; (59) ~'a} News stands (for the sale of newspapers, magazines, etc. only); (60) ~e9} Notions stores; (61) HIH Office bulldings , PROf'ESSlONAl. 01{ IIUS[NESS; ~~l~ Qp~ieianat (62) OFFICE SUPPLY SHOWROOM; (63) ~~a} Optical and scientific instrument shops; (64} ~~~} Paint and wallpaper stores; (65) ~~4} Painting and decorating contractors; ~~§~ Pew& ahepa and seeend hand s~e•ea ~aveh vee shall he een4ve~e4 eft~rely wi~hin an enelaeed a~rve~re}t (66) PARKING FACILITIES; (67) ~~6} Pet stores; (68) ~~~} Picture fraaing; (69) ~~a} Photographic studios; (70) ~+9~ Photostating and blueprinting; (71) PHYSICAL FITNESS CE~rER; (72} ~gg~ Plumbing s hops, provided they arc incidental to n retail sales room and are limited to equipment not employing more than five (5) horsepower. ~al~ ,.~,.. • ....... t ~aa} P••• •'''•••t • I • • • • • • -6- {8~~ Preeeiftsy al~erift8 aRe repairiRS ei veariRS apparel~ (73) {84~ Printing, publishing 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; (7 5) {8i~ Public buildings; {8+~ Res~awraft*s {Re~ iRel~diftg dPiYe-ift ~ype~t (76) {88~ Religious institutions; (77) RESIDENTIAL, HULTT-FAMil.Y, CONOOMINIUM OR LEASE; (78) {89~ Shoe repair OR SHOE SHINE shops OR STAND; (79) {99). Shoe stores; (80) {91} Sign painting shops; (81) {911} Sporting goods stores; (82) f9~} Stationery stores; {94~ &•we he~ (83) {9i~ TailoriNG •hepe AND DRESSMAKING SHOPS: (84) TAXI CAB STAND; (85) {9i~ Telephone exchanges; (86) {9+} Telegraph offices; (87) {98). Theaters (not including drive-in type OR ADULT MOVIES OR PRODUCTIONS); (88) {99} Theatrical studios; (89)flQQ). Tobacco s tores ; (90){lQl). Toy stores; (91) TRADE OR BUSINESS SCHOOL; (92) (93) TRANSIT CENTER; TRAVEL AGENCY; • I • • 1 - • ( • (94) • • • -7- H9H Upholstering shops; O,Q~} \lel'iny eu•e•t 0,94} Vese~e~le e~el'est H9H ~•&de &I' hv&!ftess sel\eelt {iQft} Weel'iftS eppe•el {iahl'!ea~!eft 8ft a pl'eeessiftg}-t (95) Any similar lawful use which, in the opinion of the Com- mission WOULD BE COMPATIBLE WITH OTHER USES IN THE AREA AND WHICH WOULD NOT BE is ae~ objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration or is not hazardous to the health and property of the surrounding areas through danger of fire or explosion. c. Conditional Uses. (1) Aauseaent 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•lt a.•e•._iA~t aa4/e• iaP¥iea Faa!*ityT {e} Ne a4•l• eftte•taia .. at •• ee•viee iaeilily ehell he leeatea •• eay eite ••leee •••h eite ie aet leee ~haft tl\e 4ietaftee liaitetiea ae •••vil'e4 &y thie ••••*••~ {lt l;QQQ ieet il'ea ~he leeetiea ei eaethel' eveh a4vl~ eatertai•aeat •• sei'Viee feeili~Yt eaa {a} §99 ieat i••• lhe 8e••4••Y liae ei aay •••i4ealial 4iet•iet 4eiiae4 ia the Geapl'eheaeive ieaias 91'4i- •••••T 91'4iaa••• Nay a6T a..... ef le6aT •• ....4a4T iael•4iRIT h•t aet lt.ita4 ~eT R-l-AT R-l-iT R-l-G; • I • • n ( • • • - -8- R-~0 R-~-G 0 R-~0 BP R-4 BE eiMilaE EeeiaeR~ial SeRe eie~•ie~ iR 8ft aEea aa;eiftiRg ~ke ~i~y ei KRgleweee, 8E BRY Eeligie~a ifte~!~~~ieftT p~elie paEkT p~elt e l•e•••YT ee .. ~a•t:y eea•••T er ea~e••ieaal iae~i•~~ieRT whe•heE w!•k!R eE wi~he~~ ~he ~!~y ei KRgleweeaT d. PROHIBITED USES. e. (1) ADULT ENTERTAINMENT AND SERVICE ESTABLISHMENTS; (2) MANUFACTURING; (3) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBU C PROPERTY; (4) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCES, FURNITURE, OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLIC PROPERTY; (5) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES; (6) SALE AT WHOLESALE; (7) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROH ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. Accessory Uses. Any retail or service use not prohibited in this Dis- trict which 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 structure. The Accessory Use must be subordinated and clearly incidental to and customary in connection with the Permitted Principal Use. An Accessory Use could be, but not limited to, such uses as a radio or TV antenna, a swimming pool, a tennis court, heliport, etc. Lll Aay ~•• iaa'4•a• •• •h• a~e¥e pe .. ittad uaea; when loeatea H c"a .... ~~U4-it1S •-'•• ee t:M ~t:t:e4 - I • - ( • • • • -9- fi~ Adyer~ieiftS eisne re~atiftS ~e the &~ifte&e eoad•eted eft ~he p•ea!eee shell ~e pe••!~~e4t p•evieea, heweveET ~he~ eveR e!gae shall ~e plaee4 ee ae ae~ ~e e•ea~e aa !a}wEiewe e~~ee~ ~y ~le&hiR8 8E ~y gl&E8 8A eRy &YEE8WRSiR8 E&&ie&A~ia l aEea& aRe shell Ae~ eeR~l!e~ w!~h ~·a~~!e lights e• e9&~*HGt ~he view e~ ae~e•!e~e... ~!a p•evieieft shall ft&~ &e eeeaee te pe•-'' e••4B•• ae .. e•a!al aeve•~ieiftg 4evieee w!thift ~hie Zefte Diet•ie~ ... f~t ~wta.iRg Peels ----seMi -r•ive~e, eeMi-rwklie, efta rwbl ie~- f~ee ~vprleMeft£ef'y Regttla~iea&tT f. REQUIREMENTS FOR DEVELOPMENT . (1) fat Maximum height of buildings ..•.•.•...• One hundred (100) feet. {a~ ~9~ 8R9ADWA¥ INGSKilY& AR£A---------Fii£y-iive -{§§}-fee~T {h~ ALb QiMSR R-l ARiA~-------------------~eveft£y-fiv e-{~5~-fe e~T f&t Maw~ heisht ef &•ileiftse -----------~eveftty-five-{~5}-fee~ ... (See Section ____ for Height Exceptions.) fi~ Repeale4 &y 9r4... Ne... a6 1 Geriee ef l~ii ... (2) {e~. Miniaua ya•ee SETBACK. aT SQUill HQADWA¥ ING~iYiii #til&.\ ... ~lt l iiQR¥ iWibDiNG-----------------------------NQMiii {2} Ni W G9NeiRYGil9N 2 9R ~ ~i9R¥ iYlbDiNG-------la-F99i ~liiiiAGK F9R Fillii Fb99R ... f~t 4-ei9R¥ &YlbDiNG----l2 F99i eliiiiAGK PQR Filii AND fi9YaiH FI.QQII.i ... ~4t Abb IWibDiNGi A»JQINING A WAbKiHII.QUGH 9R QN A G9aNiiill. b9i----1a F&et SliiiiAGK ¥911. Fiii.Si AMD FQWII.iH. ~... Abb QiWiiill. 1-l AII.&Ai ... I • • • - • • -1.0- No yeree SETBACK shall be required; provided, however, that where PROPERTY IN THE a B-1 Business District abuts upon any PROPERTY IN any "R" Residential District situated in the sa me block, the residential FRONT yard requir~nents el ~ke PROPERTY IN the Il-l llusiness District. wttk!R st<ek !.leek eM- (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 ADDl Tl ONAL BEDROOM •••••••••••••••• 110 SQUARE FI!ET {b) ALL OTHER PERMITI'ED PRINCIPAL USES ••••••••••••••• NONE ~T (4) Minimu• off-street parking ana leaa~ng. DEVELOPERS ARE ENCOURAGED TO PROVIDE PARKING IN MULTI-LEVEL I • STRUCTURES IN ORD ER TO CONSERVE LAND. IF IT IS NOT FEASIBLE ( TO 00 SO, SURFACE PARKING AREAS SHOULD BE SCREENED FROM THE • VIJ:li 011 PEDESTRlAN WAYS BY MEANS OF DECOilATlVE WALLS OR FENCES, LANDSCAPED BER.HS, OR MATURE SHRUBBERY • • • - • ( • • • • -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SERVES. IF THE DEVELOPER SUBMITS A MARKETING OR PARKING STUDY PRE- PARED BY A QUALIFIED PROFESSIONAL USING REASONABLE PROFES- SIONAL STANDARDS, AND IT IS APPROVED BY TI~E COMMUNITY DE- VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGINEER, THE PARKING STANDARDS IN THE GENERAL REGULATIONS HAY BE WAIV ED. IF THE DEVELOPER DOES NOT SUBMIT A MARKETING OR PARKING STUDY TO TilE CITY, Till·: PARKING RI\QUJREMEN'l'S lN TilE GENICHAI. 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) IITILITIES. UTILITY 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 SJIALL CONrORH TO CURRENT riRE CODE REQUIREMENTS . hT 6eft4iti .. al u. .. T P•••i4e4 the pv~lie ••••• .. • ia fvlly p•ateata4 ••• the fellewi•l •••• ••• app .. ¥e4 ey the Ge .. iaeie• ~aayi-al ef Ge•p••h...... a..... 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"" IJ.t•.:a."~~~:.~t .... :::~:a ~~J. 2 •a f""ril ~., •i" .. lL. fi i ~•r ::!1 :a~3 .... 1::.:.::.~ ::. t .. • • !! I .... ~ ::. =· !t-~ il It ; t II-; !t-.f ~-:s :I f • • •jJ .• o :s It n "' :s ot 11 o1 It tt a Ot .. .. lt:sl lt.otlL~· llh:t .,,~ 'tl'! 0 :s t...,l tt ;;.:t)ll ~;. ~ tt 3 -~.., ... ,,. .... :s.zroo*' :s :r I "' ll.¢1f'oa~..,,... .. .,i ... r :Ill: ~~ aa:s:s::-:t~: .... =r .. • .. .. "' !I "' It :1 ~ '-t "'-01> • • • NOTE: ( ( • • • • -14- In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been a ssigned to the amendme n ts being made to th e Ordina n ce . This re- places "Title 22" of the 1962 Englewood Municipal Co d e. • I • • - • • Section 16.4-11 B-2 Business District. • • • Rev. 4-11-!14 2-29-84 3-13-84 This District is composed of certain land and structures used primarily to provide URBAN RESIDENTIAL USE, retailing and personal services to TilE RESIDENTS surrounding area. The B-2 District is usually located on major access routes ~-ehe-Geft~e~-B .. ifteee-Bi&ePiee and is easily accessible from the surrounding residential area which it serves. ~he-~aee-pe•aieee8-in-ehis -9ise•iee -are -designed a. &!fpleaenee•y GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section ---------- s~pp~aeneary GENERAL Regulations, unless otherwise provided for in this Ordinance or an amendment 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 uses. No building structure, or land shall be used and no building or structure shall be erected, structurally altered, enlarsed or maintained unless otherwise provided for in this Ordinance, except for one or more of the following uses : (1) Any use peraitted in the B-1 Business District; (2) Animal hospitals (kennels to be enclosed and the runs enclosed by a fence six [6) feet high); (3) Auction houses; (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAL VEHICLE WRECKING DISMANTLING OR JUNK YARDS. (5) Drive-in e,e eatin& or drinkin& eatabliahaents; (6) Feed and seed stores (excluding the sale or storage of hay); • I • d. ( • • • • -2- (7) FOOD LOCKER STORAGE; f~t--Geresee-~r-ee..ereial-ana-p~elie-~tility-Yehieleet (8) Gasoline and oil service stations; (9) Hospitals and convalescent homes; (10) MOTOR VEHICLE SALES OR LEASE; (11) Mortuaries; (12) Hotels .eter-ee~rtsT-a~te-ee~rts-fier-transieftt-~se-enly-sne (not including trailer courts); fl~t--~tdeer-ee.-ereisl-aevertisin~-eeviees-fne-s~ek-eeyiee-shell-ee plae~-se-as-te-ieee-any-Resieential-~eneT-p~elie-perk-er-perkwey i•-withia-ene-h~n4ree-tl99t-feet-there•ramtt fl~t-~er.inele-~r-,.elie-treneit-.ehieleet (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. fl4t--~-'ler-.. lee-letet HH--Yee4-eer-letet (16) Any siailar lawful use, which, in the opinion of the Coaadaaion, is not objectionable to nearby property by reason of odor, dust, s.ake, fuaes, gas, heat, glare, radiation or vibration, or ia not hazardous to the health and property of the surrounding area through danger of fire or explosion. Accessory uaaa. (1) Any uae incident to the above Peraitted Uses, when located on the saae building site as the Peraitted Use. (2) Swi-.ing Pools --aead-private, aeai-public, and public. (See &~~ppl-••••, 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 limitation as required by this section: (i) 1,000 feet 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, -()rd'itler~ee-~. Xt, 8etiea ~~.-as a-nded, including, but not limited to, R-1-A, R-1-B, R-1-C, 1-2, R-2-C, R-3, or R-4 or similar residential 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. (b) Meaaure-nt of distance. All distances provided herein shall be -asured 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 measured by following a straight line froa the nearest point of the property line of the proposed licensed pre.taes to the nearest point of the property line which is the existing licensed preaises • • 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 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 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 permit 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 propoeed 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 peraanent building for such use, all distances shall be measured from the nearest point of ths property line as shown on the survey of such parcel of land • • I • • • • -5- (I E*s-ame~tlleli ~~116~-tH. .. -44 .. ~~-'--l.ll&l}. • (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 to be serviced or called for are not parked on streets, alleys, public sidewalks ur 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.ent 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. ~~ IMR!IS!I ~-~di ugce .1.26...-S&r.iR.a..Af-l..8&2..~ (4) Amusement establishments including, but not limited to: Billiard Halla, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Games, Night Clubs, Outdoor Co..ercial Recreational Facilities, Pool Halla or Skating Rinks. ~ -lis .. ~ !WIIiuaee fi8T hrt .. flf ttltt:-~ • I • • - • • • • • -b- (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; AUTO OR FURNITURE PAINTING AND REFINISHING; ELECTRICAL EQUIPMENT OR ELECTRONIC REPAIR OR ASSEMBLY; OR ANY OTHER LIKE REPAIR, REFINISHING, OR ASSEMBLY ACTIVITY BY THE OWNER, 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 (1) ACRE. (c) MAXIMUM LOT COVEilAGE. LOT COVE&AGE OF ALL STRUCTURES SHALL NOT EXCEED THIITY-PIVE PERCENT (35%) OF THE TOTAL LOT AREA. (d) MAXIMUM BUILDING HEIGHT. BUILDING tlEIGHT SHALL NOT EXCEED THIRTEEN (13) feet. (e) NUMBER OF STRUCTUIES. STORAGE UNITS MAY BE LOCATED WITHIN A SINGLE STRUCTURE Oil MULTIPLE STllUCTUUS ON THE SAME LOT. (f) TYPE OF CONSTRUCTIO . 1. ALL STRUCTURES SHALL BE CONSTRUCTED IN CONPORMAliCE WITH TtlE UNIFORM BUILDING CODE • 11. ALL OliVES, PAJU(ING .uEAS, AND, WHERE PERMITTED, OUTDOOR STORAGE AREAS SHALL HAVE A COMPACTED BASE AND SHALL BE PAVED WITH AN IMPBIVIOUS KAT!IIAL WITH A THICXMISS OF HOT LESS TIWI POUR lHCIIES (4") • • I • • n f • • • • -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 FROM 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 SikiLAR BARRIER. ii. PARKING AND LOADING. a. CUSTOMER PARKING SHALL BE PROVIDED AT THE MANAGER'S OFFICE CALCUI.ATED 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 PAJU(ING SPACES FOR EMPLOYEES SHALL BE PROVIDED AT THE MANAGER'S OFFICE. b. A HARXED 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 HARKED FOR THE EXCLUSIVE USE OF THE LESSEES OF SAID STORAGE UNITS AND SHALL NOT BE USED FOR THE TEMPORARY OR PERMANENT STORAGE OF ANY ITEM. LOADING LANES SHALL BE A MINIMUM OF NINE FEET (9') IN WIDTH. (h) OUTDOOR STORAGE. OUTDOOR STORAGE MUST BE LOCATED ON THE SITE AND/OR SCREENED IN SUCH A MANNER SO AS TO ELIMINATE THE VISUAL IMPACT OF SUCH AREA . • I • - (t • • • • • -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') WIDTH 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 COHHUNITY DEVELOPMENT TO PROVIDE ADEQUATE VISUAL SCREENING OF ADJACENT PROPERTIES OR PUBLIC RIGHTS-OF-WAY. ii. FENCING. MINI-STORAGE SITES SHALL BE FULLY ENCLOSED TO PROVID~: MAXIMUM SECURITY AGAINST THEFT OR VANDALISM. SUCH ENCLOSURE HAY INCLUDE FENCING,STRUCTURAL WALLS, OTHER MEANS OF ENCLOSURE, OR ANY OOMBINATION APPROVED BY THE DIRECTOR OF COMMUNITY 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 FLAHHABLE LIQUIDS, GASES, OR OTHER FLAMMABLE MATERIALS INCLUDING BUT NOT LIMITED TO PAINT, MOTOR OIL, AND GASOLINE; ALL EXPLOSIVES INCLUDING BUT NOT LIMITED TO DYNAMITE, AKKUNITION, AND FIREWORJ(S; AND NOXIOUS CHEMICALS INCLUDING BUT NOT LIMITED TO OOHHON GARDEN AND INSECT SPRAYS IS PROHIBITED. THIS PROHIBITION SPECIFICALLY INCLUDES HOTOI OIL AND • I • • • • • ,. - -Y- 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 COHMONLY ASSOCIATED WITH MAINTENANCE AND REPAIR ACTIVITIES. (k) MAINTENANCE. THE EXTERIOR OF STRUCTURES AND GROUNDS SHALL BE MAINTAINED IN A NF..AT, CLEAN, AND ORDERLY MANNER. THE OWNER, HIS AGENT OR MANAGER 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 lN EASILY ACCESSliiLE ANI> CONVENIENT LOCATIONS. (1) SIGNAGE. SIGNAGE FOR MINI-STORAGE DEVELOPMENTS SHALL BE LIMITED TO ESTABLISHMENT IDENTIFICATION AND DIRECTIONAL PURPOSES ONLY, AND SHALL BE IN COMPLIANCE WITH THE PROVISIONS OF THE SIGN CODE. (a) MANAGEMENT. i. THERE SHALL BE EMPLOYED ON THE PREMISES OF ANY MINI-STORAGE DEVELOPMENT A FULL TIME MANAGER OF THE OPERATION. SUCH MANAGER MAY IE "LIVE-IN", PROVIDED THAT A PEIMAHENT USIDIIICE WHICH MEETS ALL THE REQUIREMENTS OF THE CITY FOR RESIDENTIAL OCCUPANCY IS LOCATED ON THE SITE. 11 . UNTAL OF ANY STORAGE UNIT Oil SPACE SHALL IE RECORDED IN A WRITTEN LEASE AGUEHENT. SUCH DOCIJtENT SHALL, AS A MINIHUH, CONTAIN CLEAR STATEMENTS OF ALL LI MITATIONS AND PROHIBITIONS CONTAINED HEREIN. A COPY OF SAID LEASE SHALL BE KEPT IN THE OFFICE OF THE MINI -STORAGE OPERATION AND SHALL PROVIDE THE FOLI..OWING INFOilMATION: a. NAME OF LESSEE : b . BUSINESS NAME (IF lt.PPLICAILE) AND NAME, ADDUSS TELEPHONE OF APPROPRIATE CONTACT: 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 S'l'ORAGE ITEMS; h. SIGNATURE OF LESSEE ACICNOWLEDGING UMITATIONS 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 THESE REGULATIONS. SUCH INSPECTION SHALL BE CONDUCTED NOT LESS THAN ONCE EACH QUARTER (~) OF EVERY YEAll 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 IMSPICTIOM, TIME AND IECOID or VIOLATIONS, SHALL BE MAINTAINED IN THE MAMAGD' S OFFICE. SUCH RECORDS SHALL BE MAINTAINED IN A CUUDT AIID OIDDLY HAIIIIIR, AIID SHALL IE AVAILABLE TO THE CITY'S INSPECTORS UPON DFJtAND. IT SHALL BE THE OWNER'S, HIS AGENT'S OR MAMAGD'S IESPOMSIIILITY TO NOTIFY THE CITY or ANY AND ALL VIOLATIONS OF THE REGULATIONS SET FORTH HEREIN IMKEDIATELY. iv. 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 SUBMITl'ED FOR REVIEW BY THE CITY. • I . • f. PROHIBITED USES. (1) MANUFACTURING; • • • -11- (2) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; (3) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCE S, FURNITURE, OR OTHER ITEMS COHHONLY 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 16.4-11 e 5; (5) SALE AT WHOLESALE; (6) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. •~---Gerner-~~·~--ea-eereer-~o~e-~he-ee~eeek-oi-~he-iro•~-oi-~fte-e~i~4iftS-•hell eeiiP~....,,~--tri-'t-ehe-eeetteek-re4t••.....e-et-ehe-eeree~-,.._.._ .. _~e-ir-~ ei-..._-e.•~._._. .... y--¥fte-ei._-ei-the-._.t4._a-ehe~t-&e-eee-tteek-~•-••~ teee-efte8-eee-helf~-ei-lhe-ireae-eeetteek-~••re4-._.-e.i~aa•---leee ~POftties-•poe-the-ei._-eeree~T-e•eep~-ehee-vhere-ehere-are-eee-lote-ireeties .,..-... •~-ee...e~ehe-ei4e-yeP4-~ireweeee-eety-ehell-epptyY--Where-•• opee .. a-•poe-e-ei4e-er-property-liee-.. y-ee-proYi4e4-ior-pe4eeeriee-weeT e-aiei ... -eeeeeek-ei-ehree-~~~-ieee-ehell-ee-pre•i4eey g. Maxi.ua height of buildings. t~--F..r-f4~-e ... ieey-e.e-eee-sreaeer-ehee-iiiey-~ SIXTY (60) feet. ~at--Repee~-ey-9r4~NoT-a&T-Seriee-ei-i9&iT~ h. Mift .... -yeree SETBACKS. No ye•ee SETBACKS shall be required; provided, however, that where a PROPERTY ZONED B-2, Business Bieeriee, abuts upon any PROPERTY ZONED "R" Reeidential District, •"--c,M ia U.. .._ ~ .. the residential FRONT yard require .. nt of the abuttin& Residential • I • - NOTE: • • • • • -12- District shall apply to that port ion of the l'ROI'ERTY IN THE 8-2 Business District vi*hift &Yeh ~leek except as to side yar~s on corner lots. i. Minimum off-street private parking and loading. (See SYpple~ft~ery GENERAL Regulations.) j. LIQUEFIED PETROLEUM CAS INSTALLATIONS SHALL BE PERMITTED OID-Y FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIPMENT. LIQUID PETROLEUM GAS TANKS IN EXCESS OF 500 GALLONS (WATER CAI'ACITY) WILL NOT BE I'P.RHJ'J"fi\D IN TilTS ZONE DISTRICT. LlQIJEFfED rETROLEUH CAS INSTALLATIONS SHALL CONFORM TO CURRENT FTRE COlli\ REQUIREMENTS. In order to bring the Comprehensive Zoning Ordinance under the 1969 Englevood Municipal Code, as amended, "Title 16" has been assigned to the amend111ents being made to the Ordinance . 'l'h l s L"e- places "Title 22" of the 1962 Englewood Municipal Code . • I • • - • • • • • April 11 , 1 9 84 Fe bruary 15, 1 9 84 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 des i gn ed to implement the goals of the Comprehensive Plan and the Englewood Downtown Redevelopment Plan as they pertain to that portion of South Uroadw a y in th e 3200 through 3500 blocks which shall be referred to as the South Broadway Incentive Area. The South Broadway Incentive Area (S.B.I.A.) is created in order to develop a positive image for this area which will encourage new businesses and to create the framework for redevelopaent 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 c an be re- developed or restored are herein set forth: (1) Reestablish and unify the building facade character through emphaaia on original construction materials and structural aodules. (2) Reaove 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 perait shall be issued for the reconstruction of the ex- terior of any building unless the improveaent c onforms with these guidelines. c. Facade/Design Criteria . (1) General Facade Zone . (a) Window sill zone -2 feet t o 3 feet 6 inches from ground level. (b) Display zone -Window area be tw een wi ndow sill and first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level. IF THERE IS NO SECOND FLOOR, THE 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. 1. The renovation of existing facades shall respect the relationship of first floor store fronts and upper stories and shall be consistent with the oriainal architectural character. 2. The raaoval or alteration of any historical or dis- tinctive architectural detailina aball be ave,4e4 DISCOURAGED • • I • • - • • • • -3- Recommended building materials: a. Permitted cladding shall be bric k, s tu cco or other masonry material. b. Permitted window casings: Wood, bron ze o r black anodized aluminium, painted or baked enamel steel. c. Permitted trim: Wood stucco, stamped metal or brick. 3. Building cladding colors shall be earth colocs. 4. Building trim colors shall complement the colocs of adjacent buildings. 5. Glass areas: a. First floor -Maximum 60% vertical surface. b. Second floor -Haxiaum 40% vertical surface. c. Third floor and above -Uncestricted. (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 bu i ld ings two s tocies and abov e , a 12 foot ficst floor setback for weather protection is encouraged. (d) Arc hitec tural proj ect i ons into right -of-way. 1. Unless otherwise per.itted, no new aetal canopies, roof overhangs, or other peraanent architectural elements may project into the right-of-way. Canvas awnings are encouraged, I • • • • • • -4- 2. No structural element may project into right-of- way. (e) Signage. 2. 1. In addition to the Englewood sign requirements specified in Section 16.7 of the Comprehensive Zoning Ordinance, the following requirements shall also apply to the South Broadway Incentive Area. In the event that these requirements and those of the more general Sign Code requirements conflict, the aere s~r!ftgen~ THESE regulations shall apply. a. Wall signs shall only be located in the sign zone. b. Projecting signs shall only be located in the sign zone and shall be no larger than 12 square feet per face and 24 square feet total. c. Signs painted on windows shall be peraitted in windows above the first floor and shall identify the business located on the pra.ises only. d. Pl:e••s~=••sT ._.~~,, •U·tlllioaete4 •• •-•u• eiope eheU lte p_lt.lt4ote4y e. INDIVIDUAL LE'l"fERS SHALL HE '111E ONLY 'l'Y£E OF INTERNALLY ILLUMINATED OR BACKLIT SIGN PER- HI'l"l'ED. BANNERS WHICH DO NOT CONTAIN COMMERCIAL AD- VERTISINC SHALL BE PERMITTED WHEN USED FOR DECORATIVE PURPOSES, ANY SIGN WHICH WAS LAWFULLY ERECTED AND MAINTAINED • I • • (f) • • • • -5- PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE, BU T WHICH DOES NOT CONFORM TO THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE, SHALL BE A NONCONFORMING SIGN, AND MUST 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 T~\N 50 % OF ITS TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WHATSOEVER, OR BECOMES OllSOLETE OR SUUSTANDARD UNDER ANY APPLICABLE ORDINANCE OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BECOMES A HAZARD OR A DANGER. 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 FOR A PERMIT TO MAKE IMPROVEMENTS TO THE FACADE OF THE BUILDING ON WIIICll THE SIGN IS LOCATED. APPEAL S SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16.7-lJd OF THE SIGN CODE. Awnings. 1. Two types of canvas awnings shall be used: a. Individual awnings located at entries to shops and second story windows • • I • • - • • • .. • -6- b. Large awnings covering the e n tire building frontag e . 2. Awnings shall be attached below the sign zo ne. 3. Awn i ngs a r e pe rm i tte d ov e r wi nd o ws o n upp e r fl oo r s . 4. Maximum depth of awnings s hall b e 8 feet. 5. Color scheme of awnings shall complement the colors of the equipment. (g) Mectumical 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 throughs where special paving such as brick, tile or block pattern shall be used. (c) Consolidate and screen all servic e areas (trash, etc.) with no ncombu stible ma t e rial. • I • • - • • • • • -7- +.-----De!to!-p-.{)M~..f.e.t--~~~4.--..t-~~.J.~ H.+---r•~-iett--t:-e--t:~~-«"4.-f:-&£~-~~-~aAda r~~ ~~-erittt:-Htf;-~~ t-a+-~acade .....mt.-~"1rt-~-l:*ne-~-{~--eet:-bee«. ~-fH:--itK---~.-4-.-J.k..-.U~~- (.o+-~-'=eri a 1 s ~ll.&clr..~.p.roperty .J..iAa.~ nofi--b&-~~.ab&U-~.QA.~d ~-..(.S&a.. liaii~~..C..4l(1) (2)2 ~~O''ed ~ -f+~~~~-:W3~ aaafa.,. ...w. ... aade£1118 ~1 ft)..--hl-W~~~~..--..1.-4 f)gu-r-~~ --·-k--~..J.l.~..£5Qa~itAt,.g,f..wa)'-r I • • - NOTE: • • • • -8- In order to bring the Comprehensive Zoning Ordinanc e 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--1. 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. Th ese 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 fare and convenience in the use and occupancy of buildings and facilities. The amenities and compatibilities of the Planned Development classification are to be insured fe 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 er-a~~herieee-repreeeft~a~i¥ea-ei ~he-ewaer and after approval by the City Planning and Zoning Commission AND CITY COUNCIL. Construction on said land shall take place only after the approval of ehe~eiee-..4-lhe 8e•elap .. at-Piea-ea4 the APPROVED PLAN AND ita attendant documents have been recorded in the Office of the Clerk and Recorder of Arapahoe County, Colorado. Section 16.4--2. Requirements. (a) DEVELOPMENT UNDER the PLANNED DEVELOPMENT District REGULATION •y-lte ~ifte4-wieh-eay-eehe.-..ae4-4ieeriee-aft4 shall be subject to the provisions of this ordinance as well as the basic aeaiftl ZONE district with which it is combined. Where a conflict occurs between an approved P.O. and the regulations of the underlying aeaias ZONE district, the approved P.O. shall prevail, except with regard to peraitted uses, AND dwelling unit density. &ft4-eiE-eereee-perkiftl re~ire.eftt&T THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A Pl~NNED DEVELOPMENT RAVING AN AltEA OF 10 ACRES OR MORE AND UNDER ONE OWNERSHIP • • I • - ( • • .. - 2 (b) In order to encourage good design and flexibility, ehe-6iey PiaftfttftS-afte-~&fttftS-~eetaft-aay-veive 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 consumated throug h 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--~-S~y-PieafttftS-&fte-~onins-6..-iesieft-aay-vaive-Hp-eo-afte inelueing-~veney-fi~-~~5t-pereent-ef-~he-eff-seree~-perkin~-re~HireMeft~S ae-eeea~lishee-~y-6hapeer-~aT5-5-ef-~he-~onins-9reiftaneeT-eH~jeeeT-heweverT te-ehe-eeaneeree-eeea~liehee-pureHane-ee-Seeeien-&-~et-oi-ehie-6hapeerT Section 16.4--3. Pre-Application Conference A pre-application conference shall be held with the staff of the Department of Ca..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 .. y SHALL be filed by the owner or owners of the land. er-~y-a-pereoft-haviaa-eft-ifteereee ift-ehe-preperey-ehee-ie-ee-~-inelHeee-ift-ehe-Planftee-9evelopaefteT-Pre vtee4-ehee-eveh-epplieeeioB -ehall-~-aeeo.,aniee-~y-ehe-vrieeeft-a•eheriee eian~eHeh-eeeian-eisaee-~y-ehe-avner-ar-evnere-of-esie-lsneT-eoseeher vieh-e-eeeeeaefte-e*saee-~y-ehe-8Vfter-sr-ewnere-ehee-ehey-esree-ee-._-~e•ft4 ~y-ehe-resuleeiafte-ene-eefteieione-vhieh-vill-~e-efieeeive-vieh-ehe-eppreval ea4-reeer4ifts-ef-ehe-&e¥elep .. ne-Pleft. '11\e application shall be .. de on a fora provided by the City and shall be accoapanied by plana and written atateaents shoving the following inforaation: • I • - • • • • (a) ppe~iaiftary-P~afta. DEVELOPMENT PLAN. A ?re~imiftary DEVELOPMENT Plan showing the major details of the proposed Planned Development at a scale of not less than 1" -50' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed develop- ment. The ppe~iai-ry DEVELOPMENT Plana 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 exis ting and proposed buildings, structures and i~roveaents; (5) The density and type of dwellings, including typical eleva- tions and showing maximum height; (6) The major 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 reserved for public purposes, including, but not liaited to: parks and recreational areas, bicycle and pedestrian facilities, sehee~aT-pwe~ie-e•i~4iRIS EASEMENTS FOR UTILITIES, or other public purposes; (9) Areas subject to a 100-year flooding eye e; (10) A general landscape plan with aajor types of materials designated as to purpose, SOURCE OF WATER AND TYPE OF SPRINKLING SYSTEM. (11) DRAINAGE PLANS (12) t~i~ Designation of various stages 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 State~nt. The written statement with the Planned De- velopment application shall contain the following minimum infor .. ation: (1} A state~nt 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 develop~nt, including building descriptions, sketches, or elevations as 111ay be ne cessa ry to describe the objectives; (3} A develop~nt schedule indicating the approxi~~~ate date wh en 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 inforaation or exhibits dee.ed pertinent to the evaluation of the proposed Planned Develop.ent. 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 plans by the various City departments and appropriate public agencies culainating in the s ubmi ssion of an advisory report and reco.menda- tion to the City Planning and Zoning Coqmission. Subaiasion of the report and recoaaendations shall be accomplish d within thlrty (30} days after the filing of the coaplete application. A copy of the adviaory report and recoaaendations shall be furnished to the applicant. • I • • • • • • -5- (b) Within thirty (30) days after having received such report, the Commission, Mp&ft praper ft&~iee, shall hold a public hearing on the a pp lication . The applicant shall post the property of the proposed Planned Development, i n a form prescrib e d by the Department of Co mmunit y Dev e lopm ent, a nd THE DEPAR T- MENT OF COMMUNITY DEVELOPMENT SHALL BE RESPONS I BL E FOR PUBLISHING THE LEGAL NOTICE OF THE PUBLIC HEARING. shall give vr i ~~eft fte£iee ei ~he pMhlie hesEtftgT {e~ Wi~hfft ·~~y {6Q~ 4aya iraa ~he 4a~e ai lhe P•8iie-P.ea•ift8T ~he ~i~y PleftfttftS aRe ~&fttft8 G&aaiaaiaft ahall aake vri~left itftStftSB reee .. eft8tft8 ~e ~he ~i€y ~ewfteii ~he€ ~he p•epeee4 plea ae ei~he• appreve&, eeftai~!aftaily apprevea er &ieappreveeT A espy ei esi& i~ftdiRgs eksil &e i~ER~shee ~a ~ke applies&~T ~he Gi~y Ga.aeil .. y •e••ire a PMblie HeertftS prier ~e ~he itftal appreval er eiseppravel ai ~he prepeaee Plaftftee Develepaeft~T (c) WITHIN THIRTY (30) DAYS FROM THE DATE OF THE PUBLIC HEARING, THE CITY PLANNING AND ZONING COMMISSION SHALL HAKE WRITTEN FINDINGS RECOHHENDING TO THE CITY COUNC IL THAT THE PROPOSED PLAN IS EITHER APPROV ED, CONDITIONALLY APP ROVED, 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 COUN CIL. IF THE PLAN IS DIS APPROVED, THE PLAN SHALL BE RETURNED TO THE AP PLICANT TOGETHER WITH THE FINDINGS SETTING FORTH THE REASON FOR DIS- APPROVAL. THE APPLICANT HAY HAKE THE NECESSARY REVISION AND RESUBMIT TO THE CITY PLANNING COMMISSION, OR THE DECISION OF THE CITY PLANNING COHMISSION MAY BE APPEALED TO THE CITY COUNCIL BY 'CHE APPLICANT. A SECOND PUBLIC HEARING SHALL NOT BE REQUIRED BY THE CITY PLANNING COMMISSION ON THE REVISIONS. THE Cl'fY COUNCIL A'l' ITS DISCRETION HAY REQUIRE A PUllUC ltl~ING 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 Plannina • I • • • • • • 6 Commission recommendation, if no h aring i s he l d, the City Council shall make findings either approvtna, condi t ionally approving, or disapproving the proposed plan. A copy of said findings shall be f urnished to the applicant. IF THE CITY COUNC I L FIND S THAT A PLAN IS DISAPPROVED, THE APPLICANT SHALL BE GIVEN THE REASONS FOR THE DI SAPPROVAL. THE APPLICANT KAY MAKE ANY NECESSARY CORRECTIONS AND RESUHBIT THE CORRECTED PLAN. (d) ~l THE approved et~e-~lefte-~r-Pleftfted Developn~nt PLAN includina 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 a ny de c i s i o n made under the terms of this Chapter shall DO SO epply-ier-revtew within thirty (30) days ei~eP 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 106 (a) (4) of the Colorado Rules of Civil Procedure. Section 16.4--6. Standards Before approvina a Planned Development, the approving agency shall make written findings that the Planned Development will implement the purposes of this Ordinance and of this Chapter, and, in addition, meet the following requirements: (a) .!!.!!!. Peraitted. The ttHa USE in the Planned Development IIU&t be UpePait~ed-hy -rish~U A PERMITTED PRINCIPAL USE IN TH E ZONE DISTRICT IN WHICH THE PLANNED DEVELOPMENT IS LOCATED OR A USE PERMITTED PURSUANT TO OTHER PROV ISION S OF THIS ORDINANC E I NCLUDING ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS.or-eppre.e4-ee-UpePai•-.4-hy-epeeiel-re¥iewU-iR-*he ieRe-&ie~rie~-ift-whieh-+he-PieRRed-9evele,_eftt-ie-ieeeeeeT (b) Th e Planned Development i s consistent with the intent of the Comp rehensive Plan and the policies therein . I • • - • • • • (c) The Planned Development's relationship to its surrounding shall be considered in order to avoid adverse effects to the existing and possible future developaent caused by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy. (d) Mini~• requireaents for usable open space will be met through the overal l design and a.enities proposed for the developaent. Private park and/or recreational areas, owned in common, aay be considered to meet the llint..wa usable open apace requirements if ~~-•-IT IS lle~aiftee DETERMINED ~hat such areas will meet the following requireaents : (1) The area will be of sufficient size to adequately serve the entire development f or which it is designed. (2) The area is accessible and available to all of the occupants e•-dwelliftS~I'Iiee for whose use it is intended. (3) The area will-&e-•ee4-el't4-ie SHALL BE suitable AND SHALL BE USED for eeeftieT landscaping, AND recreational er-ell-e•-ehe ••e .... l'leieae4 purposes . (e) The nu~er of off-street parking spaces in the proposad develop- aent shall not be leas than the requireaents of Section ----------of this Ordinance, provided, however, that the CITY COUNCIL HAY, UPON THE RECOMMENDA- TION OF THE Planning and Zoning co .. isaion, .. , waive up to and including twenty-five (25) percent of aaid require .. nta in any .... 4 ZONE district, if one or aore of the followina factors are found to exist: (1) The probable nu.Oer of utoaobiles owned or used by occupants of AND VISITORS TO the proposed develop .. nt will be lea a than lypically found in si•ilar devclopacnts. (2) Tbe parkin& needs of non-residential uaaa will leeaan the overall parkina needs of the develop .. nt • • I • • - ( • 8 • • • (3) Varying time periods of usage by mixed uses in the develop- ~ent will lessen overall parking requirements. (4) The property owners will participate in a manda~ery parking district which will adequately meet the off-street parking needs of the development. (f) ~ Planning. The approving aseney AGENCIES shall be satisfied that the site plan for the Planned Development meets all of the following require•nts: (1) ~-PlBftaed-9evele,Men~-~e~-ee-,lanned-in-rela~ienehi~-~e ~-aerroenetfts-areaT-and--.e~-ee-landeea~dT--Ia-eddi~ienT ehe-e'*e-plBft-..e~-eeaeeia-e-a§-iee~-e-*fe•-••••p-ia-eay prepaaed-4e~a~-vhieh-vill-iael.de-..leiple-ta_.ly-e• fteft-Peai4eaeial-~ildiase-e•-••••e•••ee-whieh-ie-adiaeeae ee-a-.... le-t .. ily-•eeideaeiel-•ae-die~•ieeT--~-e•ffer ... ip-ahell-ee-kepe-tree-ef-~ildiass-er-se .. ee••ee-ead-..e~ .., le .. aeepedT-•e ... ~-e•-p..eeee.d-ey-.. e.•el-taae •• eeT aa-.ata• ....... -ethe .. ----........ ·····--.... • .. dt IF '111E PROPOSED DEVELOPMENT lJICWDES MULTIPLE FAMILY OR NONlESIDENTIAL BUILDINGS OR STlUCTUlES AND IT IS ADJACENT TO A SINGLE-FAMILY RESIDENTIAL USE DISTRICT, THE DEVELOPMENT MUST CONTAIN A BUFFER. IN OlDER TO MINIMIZE ANY ADVERSE EFFECTS ON THE ADJACENT SINGLE-FAMILY AREA, THE BUFFER SHALL BE A TWENTY-FIVE (25 ) FOOT LANDSCAPED AREA OR AN OPAQUE SIX FOOT (6') DECORATIVE FENCE. (2) Within the Planned Develop .. nt, epaeifta SUFFICIENT SPACE ~at be provided between buildings and structures, giving consideration to their intended use, their location, design and height, the place•nt and extent of facing window areae, and the topoaraphy and such other natural featuree as will assure privacy and a pleaaant envirou.ent; 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 te be generated, and all curbs at entrances and other access points shall have ramps to facilitate access for THE HANDICAPPED AND FOR bicycles. Bft~-hea~ieeppe~T All Planned Developments must have access to public streets. Private, internal streets .. y be perlllitted if they e--lte-wee4-tt~peliee--4-iil'e ~per~t-.ehielee-ier-e.erteaey-pwrpeees 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 aysteaa or lanes are to be provided, where feasible, to schools, shopping areas, parka, greenbelts and other facilities as necessary. Trail systems and walkways through open apace areas are encouraged as an alternate to pedestrian sidewalk require~nts and .. y be used upon approval by the City providing the following criteria are ~t: (a) The system provides at least the sa~ level of service as would the applicable sidewalk requirement. (b) Eaae~nts or open ways are plotted and dedicated to the system. (c) Trails or walkways are either paved, treated or constructed froa selected material to provide a suitable all-weather surface that is easily aaintained. The type of construction shall be coapatible wiht the anticipated use. (d) A perpetual association or corporation or other suitable .. ana is established for aaintenance. • I • • n ( • 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 app roving ar;eftey AGENC IES may authorize the implementation o( the development plan in stages. However, AT THE TIME OF CONSTRUCTION OF THE FIRST STAGE fer-eaeh-..efteriee4-a~ase of planned development, any private or public park-erea-ee-~-eeB.eyeey-eeeiea~ey-er-reaerveey RECREATIONAL FACILITIES REQUIRED BY THE DEVELOPMENT PLAN shall be ef-a~fiieieft~-eiee CONSTRUCTED to serve the dwelling unit density fer-~ha~-•~•se-er-ef-e~ffieieft~-eiee-ee-eerve ehe-ewelliRS~fti~-eefteiey for the entire development. If-ehe-~eaveyafteey 4eeieetiea-er-reeer.aeieft-ei-ehe-p~elie-er-prive~-perk-eree-ie-aeaaeey ••eh-pen--•-aheH-M-heaM4-ia-ehae-p_.-H-eha-Pl-e-a...l.,._.t iae ..... -ia-ehat-a~-er-alaewhere-ia-ehe-Plaaaa4-8e¥a..,..at-ae-a-l .. aeiaa aeeeaei8le-te-the-4welliaa-•it-te-~-previeee-ift-thet-eeeseT Section 16.4--8. Chenaea 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, eettiftl!y-heitht-er -ehere~r of buildings and structures .. y be authorized by the Director of Co.-unity Develop.ent if required by engineering 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 increaae the eiee DENSITY of eay-htiileias-er-etrMet~re-er-••re-theR-five-~5t-pereeat THE DEVELOPMENT, nor change the location of any building or structure by aore than • I • - • ( • • • • ll ~en-fi97-iee~-~n-ony-~~ree~~Oft~ 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 is closer to any side or front property line than was approved on the Development Plan. (b) All other changes in the Planned Development Plan, including changes in the site plan and in the development schedule , must be wade under the procedures that are applicable to the initial approval of a Planned Development. Section 16-4--9. Aftn~al-Rev~ev REVIEW FOR CONFORMANCE A~-leaa~-onee-every-~lve-tl~~-.en~hay The Department of Community Development shall review all building peraits which have been issued for the Planned Development and shall exaaine the construction which has taken place on the site TO INSURE CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN. fhe-8iree~or-ei-G~iey-9evelo,.en•-ehell-.eae-a-repere-oi-ony-v~ole•iena ei-ehe-pre¥ieieae-ei-•hie-Ghep-.r-er-ei-~e-..... -ane-eeft4i•ieaa-ei-•h• a.-*-"-a•-Plee-app.-al-.. ----Pl•-ua-s-6..._y-ene-•he-"--'-'- ehall-hel~-•-he••ias-ea-ehe-pepere-ei-vuleeieae-••~ie-.e-ey-eha-ei••••••T haviaa-iiree -sivea-vri••••-••••ee-~e-•he-Planaee-9evalep .. a•-•pplieaa•-••• all-evaera-ei-a~e•i•a-prepereyT--Wpoa-review-ei-ehe-elleaee-viela•ieaay ehe-G ... ieeioa-.. yy-ii-i•-4eeae-aeeessaryy-P8~~ire-•ha•-appropriaee-aa•iea ee-•ekea-ee-reae4y-ehe-viele .. &ft8T--Ii-e•eh-ae•ien-ie-nee-•ekea-ey-•he applieaa•-viehin -ehi rey -t~~-4eyay-or-ii-•ha-G ... iaeiea-ee•e .. iaee-•h••-*• ie-aeeeaaary-~e-..eae-er-.e4iiy-•he-9evelop .. ae-Pleay-ehe-"--ieeiea-.. y ... aey-.eeiiy-er-reveke-•he-appre¥el-oi-•h•-9evalep .. a•-Plaa-aiviaa-w•••••• iiaeiaae-•hereierT IF THE CONSTRUCTION lS NOT lN CONFORMANCE WITH THE APPIOYED DEVELOPMENT PLAN, A STOP WORK ORDER SHALL BE PLACED ON ALL CONSTilUCTION Ulfl: L SUCH TlHE AS TilE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONFOIIKAMCE WITH ntE APPROVED DEVELOPMENT PLAN WITHIN THIRTY (30) DAYS, I • • ( ( • • • • 12 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 VIOI~TIONS. THE COMMISSION HAY APPROVE SUCH AMENDMENTS AND MODIFY THE APPROVED DEVELOPMENT PLAN. IF 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 APPLICATION 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 WITHDRAWN BY THE CITY PLANNING COHHISSION. IF THE OWNER DOES NOT RESPOND WITHIN SIXTY (60) DAYS, THE CITY PLANNING COMMISSION HAY WITHDRAW THE PLANNED DEVELOPMENT APPROVAL, THE APPROVED DEVELOPMDT 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- MENT SHALL COMPLY WITH THE PROCRDURE SET FORTH ABOVE. Section 16.4 iQT 11. Completion of the Planned Develop.ent Upon the coapletion of the Planned Development, the Director of Coa.unity Develop.ant shall issue a certificate for the Planned Develop.ant certifying the completion and shall note the issuance of the certificate on an office copy of the official Zoning Hap and on the Site Plan. After coapletion, the use of land and the construction , modification, or alteration of any buildings within the Planned Develop .. nt will be aoverned by the approved Develop .. nt Plan . I • • ( • • • • lJ 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 li ... 13. ApProving Agency As used in this Chapter, "Approving Agency" shall mean the City Platu'l~ft8 eae-iee~-6e..iaeieft COUNCIL ACTING AFTER HAVING REVIEWED THE RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. -{C£.-t.-e.t ~ -Or~laDGe -11o. ..U.., ~-·at J-11~~.~ '-'• •-allall ~Y 054iaaa84l lie. l.ll... k"wa e£ l.llll.~ DEFINITION OF DENSITY AVERAGING. DENSITY AVERAGING IS THAT PROCESS UNDER WHICH CCHtON 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: In order to brina the Coaprehenaive Zonina Ordinance under the 1969 Englewood Municipal Code, as amended, "Title 16" has been asaianed to the a-ndaenta bein& aade to the Ordinance. Thia replaces "Title 22" of the 1962 Engl-ood Municipal Code. • I • • • ( coo Cl Q 6-C() 0 0()() oaoc • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES & OVER & UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY -I ,000 DWELLING UNITS L) -5 ACRE-H\RC.IIiL : DEVEL..OPE.D AT A l>E.'-15 I r/ OF I OWE.LLINC, UNIT~ "Pe.R AC-RE :. ~5 PWE..LLING LlNIIS L..£.1>.'VING 1105 X>Wf;.LLING uNIT :;, l<E.~RVE D OQ - 5 ACRE. PII.~CEL~ 'PEIIEL.OP&D AT A 't>E.~~IT'I eF /{ 'DWE.LLING Ut-ltT~ ~R AC!P::E -::: {C> D'N~LLING. UNt~ LEAVING 1~0 DWELLING UNr~ 'RE'5E~VE:[' 000 OOUQ -/5 ACR..E.. l'"-'fl.C.E..L : DE~E~PE.O ..,_T A b~11"'f OF 40 "P~ELL IN6 U~l~ 'Pe..~ AC'Q.f...:. Gc.oo t>INe.LLtNl:o UNLT"5 PLU:> Z.9S DW~LLING UNir~ RE~E.~VE.D 'F~M. TI-4E. 2. "''tilE A(!lll!:. ~llriON~ DF T .. f. ::.tn TOTAL.~ efl5 ;DW~U-JN6 VNI~ 1\L.L.D'NED DEVELOPED UNDER R-3 ZONING c!5ACRK P4~C.I!.L DttHSIT.,., : "'\ 0 'DW~LLI"'G VN IT Pl!.~ ACRE- If" "DE.Ve:LO'P£0 C..OULD ~'o'E. 11000 DWE.LL-ING UNtr<::, . • I . • - ( • r ( • • • - Section 2. '!he provisions of C1apter 22, the <l:lnprehensive Zoning-Qrdinance of 1963, Ordinance No. 26, Ser i es of 1963, are incorporated by reference into Title XVI of the Englewood Municipal Code of 1963, as amended, as though set forth in fu 11. Section 3. Sections 22.4-6, 22.4-10, 22.4-ll, 22.4A, and 22.4C of Chiapter 22, Ord i nance No. 26, Ser i es of 1963, are hereby repealed. Section 4. ord1nance: The following legal provisions shall apply to this A. ~rability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the valid i ty of the remaining portion of this Ordinance. The Council of the City of Englewood hereby declares that i t would have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more art i cles, sections, subsections, sentences, clauses and phrases be declared unconstitutional. B. Sco~. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. Where this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existi ng provisions of law or ordinance, the provisions of th i s Ordinance shall control . An y person, fi rm, or corporation that violates , disobeys , om its , neg lects or r efuses t o 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 Or dinance, or any Clllenci"nent hereto , is he r e by declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated . o. Necessity . The City Co\.l'lCil reby finds , determines , and declare that this Ordinance is essary for the inmed iate preservation of th ~blic peace , alth , safety and convenience . • I • • ( • • • • Sect1on 5 . In the oplmon of tne City Council, an emergency exists:--Tnerefore, this Ordinance shall take effect and be in f orce frcm and after its final passage and publication. The emerge~c y is that the current ordinances of the City of Englewood do no~ address land use issues necessary for ~,e proper develop- men t of the City. This ordinance shall address those deficiencies. In~=oduced, read in ful l , and passed on first readin3 on the loth day of Apr11, 1~&4. Publ1shecl as a Bil l fo= an Ordinance on the 18th day of Apn l , 198 ~. Read by title and passed on final reading on the 7t."l day of May, 1984 . Publl shed by title as Ordinance No. ___ , Series of 1984 , on tne 9th day of Ma y , 1984. Attes~: Eugene L. 0t1s, Mayor ex officio C1iy :lerk-TTeasurei I, Gar y R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood, Colorado, nereby certify that tne above and foregoing is a true, accurate and cxmplete copy o f tne Ordinance passed on flnal reading and published by title as Ordinance No. , Series of 1984 . ---- Gary R. Hlgbee • I . - • ( • • • • April 25 , l qf!4 April ll, 1984 February 15, 1984 Sect ion 16.4-11 Design Guidelines for the REHABILITATION OF EXISTING BUILDINGS IN THE South Broadway Incentive Area . a. Legislative Purpose and Intent . This section of the Comprehensive Zo ning Ordinance has been designed to implement the goals of the Comprehensive Plan and the Englewood Downtown Redevelopment Plan as they pertain to that portio n of South Broadway in th e 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 c reated in order to develop a positive image for this area which will encourage new businesses and to create the framework for redevelopment of existing structures through architectural compatibility to provide better insight into the design as- pects of existing buildings and the potential of properties along South Broadway. To this end, criteria by which individual properties can b r - developed or restored are herein set forth: (1) Re e stablish and unify the building facade character through emphasis on original construction materials and structural modules. (2) Remove unnecessary visual clutter from the buildings not consistent with the original construction. (3) Improve the quality of th 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 r eview of the plans shall be the responsibility of the Dir e ct o r of Community Development or her designee for conformance with thes e r e gul a - tions . No building permit shall be issued for the reconstruc tion of th e ex - terior uf any huilding unless the improvement <'O n forms w itli tli!'s c ~~~ id L·I in !'s . c. Facade/Design Criteria. (1) General Facade Zone. (a) Window sill zone - 2 feet to 3 feet 6 inches from ground level. (b) Display zone -Window area between window sill and first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level. IF TilERE IS NO SECOND FLOOR , THE SfC N- AGE ZONE SHALL BE FROM TilE FIRST FLOOR CEILING TO THE TOP OF THE PARAPET WALL. (d) Upper floor commercial/residential zon ~ -Second floor window sill to top floor ceiling. (e) Architectural roofline zone -From top floor c e ilin g t o top of parapet. (2) Des ign criteria for upgrading and res t o ring e xis t i n g fro nt f a c ad es . (a) Facade exterior. 1. The renovation of existing facades shall res p ec t the relationship of first floor store front s an d upp e r stories and shall be consistent with the original architectural character. 2. The removal or alteration of any historic al or di s - tinctive architectural detailing shall be a¥e!4ee DISCOURAGED • • I • • - ( • • • • -3- Recommended building materials : a. Permitted cladding shall be brick, stucco or other masonry material. b . Permitted window casings: Wood, bronz e o r 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. b. First floor -Maximum 60% vertical surface. 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 archi t ecture and scale of adjacent buildings . 2. Overall height is limited to four stories maximum. (c) Setbacks. (d) 1. Mandatory 0 foot setback wherever possible. 2. On buildings two stories and above, a 12 foot first floor setback for weather protection is encoura~ed. Architectural projections into right-of-way. 1. Unless otherwise permitted, no new metal canopies, roof overhangs, or other permanent architectural elements may project into the right-of-way. Canvas awnings are encouraged • • I • • - • • • • -4- 2. No structural e lement ma y proj ec t i nto right-of- way. (e) Signage. 1. In addition to the Englewood sign r e qu ire me nt s 2 • specified in Section 16.8 of the Comp r ehensiv e Zoning Ordinance, the following require ment s shall also apply to the South Broadway Incentive Area . In the event that these requirements and those of the more general Sign Code requirement s con flict, th~ aePe s~PiftgeR~ THESE r egulations shall apply. a. Wall signs shall only be located i n the sign zone. b. Projecting signs shall only be locat e d in th e sign zone and shall be no large r than 12 s quare feet per face and 24 square feet tot al . c. Signs painted on windows shall be permitted in windows above the first floor and shall identify the business located on the premises only. d. PleMiglase, i ft~ePRally il~mifta~ee e• &aekli~ eigRe shall &e p.ahi&i~eeT e. INDIVIDUAL LETTERS SHALL BE THE ONLY TYPE OF INTERNALLY ILLUMINATED OR BACKLIT SIGN PER - MITTED. BANNERS WHICH DO NOT CONTAIN COMMERCIAL AD- VERTISING SHALL BE PERMITTED WHEN USED FOR DECORATIVE PURPOSES. ANY ~ IGN WHICH WAS LAWFULLY ERECTED AND MAINTA INED • I • • ( • • • • -5- PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANC E, Bu T WHICH DOES NOT CONFORM TO THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE, SHALL BE A NONCONFORMING SIGN, AND MUST 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 TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WHATSOEVER, OR BECOMES OBSOLETE OR SUBSTANDARD UNDER ANY APPLICABLE ORDINANC E OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BECOMES A HAZARD OR A DANCER. B. WHENEVER THE OWNERSHIP OF THE PROPERTY CHANCES ON WHICH THE SIGN IS LOCATED. C. WHENEVER THERE IS A CHANCE 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 CRANCE THE SIGN. E. WHENEVER THERE IS A REQUEST FOR A PERMIT TO MAKE IMPROVEME S TO TilE FACADE OF THE BUILDI!I:G ON WHICH THE SIGN IS LOCATED. APPEALS SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16 .8 OF THE SIGN CODE. (f) Awnings. 1. Two types of canvas awnings shall b used: a. Individual awnings located r,t entries to shops and second story windows • • I • • - • • • • -6- b . La r ge a wn i n gs co v e r ing the e1tire building frontage . 2 . Awnin gs s ha ll b e a ttache d below t 1e si gn zone . 3. Awnings are permitt e d over win do w:; o n u pper fl oo r s . 4. Maximum depth of awnings shall be 8 feet. 5. Color scheme of awnings shall complement t he colors of the equipment. (g) Mechanical e quipment . 1 . Mechan i cal e quipment proj ecting fr om facade into the right-o f-way s hal l not be al l owed . 2 . Al l r oof t o p mechan ica l e qui pmen t shall be sc re en ed with some type of arc hitectural element which is consistent with the original fa c ade o f t he bu ilding . (3) Upgrading and restoring facades of rear of bu i ldings. (a) Rear facades shall be coordinated with c olo r o f fr ont facade through painting with a limited palett e of ea r th t o ne colors. (b) All pavin g a t r ea r o f buildings shall b asphalt OR CONCRETE excep t at pass throughs 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- -d-o----.fle&i"!!;!t-.(ifi-tc_.;_-.{~-~---i---e-f-~~-l...U~- H+---r-~-tc-4:~-tc-&--tc.ft&.~~-i~--.w..--wut~.ataAdar~~ ~l'repa~-tc-·4:tte•H:-~.ft&-~4W.-l..:U-;r--&i-~~~ ment-~-eriM~'ftt"~-&4.~. ("11'}-~acade "111ttSt-~~~~-Hte-~-t~-~4>eek ~-et-4nt;.ec~~~~- ~~.mater; al s ..at....h&ck.~.proparty ~.need. ~-b&-~~~~-...a.pp«wad ~-...(S.e.e... ~~J;.4:(:Z)(2)2 ..£o.i;.~ ~ ~-~..U.OO..•ethack -4L.~~~..anc.ru~raged ...fw::.~ ~-~...-seth.ack, ..a.~~~.£AC011raged ._,._.~-00--»d-ifttt-'-~---.ur.~...J..,.~ ~-----~m.-....O...:I.W.i.A&--:iA-~~ mas?4lry ~~~-+~~~~~~- -f-f.)--Bit-:H<i-:ifts-~-w-~~-fli-~~~~1 -}M.-w-WQ~.).)-~~-5M-~ treatment~ ~).--hi-:Wi:R%-M~'--AM:U...-c.~-4~J:£--FQI I rt~ _f.14g.r -~~-tr~-U-~tr-iTGa-~;igbt-f-w&)l.- • I • • - - NOTE: • • • • -8- In order to bring the Comprehensive Zoning Ordinan ce und er the 1969 Englewood Municipal Code, as amended, "Title 16 " has been assigned to the amendments being made to the Ordina n ce . This r e - places "Title 22" of the 1962 Englewood Municipal Code. • I • • ( • • • • DRAFT 3-30-83 3-27-84 SECTION 16.4-15 PLAN NED DEV ELOPMENT (P.D.) DI ST RICT . The purpose of this subchapter is to permit and encourage diversi f icat ion in the location of structures and the appropriate rela tionship of vario us uses and structures to their sites without inhibiting the potentia l a dv a nt a g es o f new and imaginative techniques and concepts of design of urban land use . These regulations are further intended to insure improved pedestrian and vehi cular circulation facilities and the provision of usable open space while insuring adequate standards relating to the public health, safety, welfare and convenience in the use and occupancy of buildings and facilities. The a menities and compatibilities of the Planned Development classification are to be insured ee 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 specif i c application by the owner OR OWNERS OF THE LAND ep-a~~hePieee-PepPeaeft~a~ives-ei ehe-ewReP a nd after a pproval by the City Planning and Zoning Commission AND CITY COUNCIL . Construction on said land shall take place o nly after the approval of ~he-Ge .. iaai&ft-&fte-~e-Be¥ela~meft~-Plaft-afte the APPROVED PLAN AND its attendant documents have been recorded in the Off ice of the Clerk and Recorder of Arapahoe County , Colorado. a. Requirements . (1) DEVELOPMENT UNDER the PLANNED DEVELOPMENT District REGULATION may-ee of this ordinance as well as the basic e&ftift~ ZONE district with which it i s combined. Where a conflict occurs between an approved P.O . and the regulation s of the underlying e&ftift~ ZONE district , the approved P.D. shall prevail, except with regard to permitted uses, AND dwelling unit density. afte -e ii-a~Pee~-paPkiftS Pe~ire~eaT THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A PLANNED DEVELOPMENT HAVING AN AREA OF 10 ACRES OR MORE AND UNDER ONE OWNERSHIP. DENSITY AVERAGING SHALL APPLY ONLY WITHIN THE SAME ZONE DISTRICT UNLESS APPROVED • I • • • - • • 2 BY THE CITY COUNCIL THROUGH THE PLANNE D DEVEL OPMENT ~) In order to encourage good des i gn and fle x i b i lit y , ~ke-6 i ~y regulations applicable to the development MAY BE WAIVED, i f it is assured that all public improvements and conveniences will be c onsumated thro ugh 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 SUBDIVISI ON REGULATIONS. b. Pre-Applic at ion Co nference. A pre-application conference shall be held with the staff of the Department of Community Development in order for the applicant to become acquainted with the Planned Development procedures and related City requirements. c . Application. An application for approval of a Planned Development aay SHALL be f i l ed by the owner or owners of the land. er-&y-a-perseft-havift~-aft-ift~eres~ afta-reeeraifts-ei-~he-9evelepaeft~-Plaft. The application shall be mad e on I • • a form provided by the City and shall be accompanied by plans and wr i tte n statements showin g the followin g information: • • l • • • • 3 0 (1) P~iimi~arr-Pia~. DEVELOPM ENT PLAN. A rPeiimi~ary DEV ELOPM ENT Plan showing the major details of the proposed Planned Dev e lopment a t a scale of not less than 1" -50' and in sufficient detail to evaluate the l•od Pl•ooiog, b•ildiog de•igo, •od o<he< '••<•<•• of <he P<opo•ed develop- ment. The P~iimi~ary DEVELOPMENT Plana must contain, insofar as is applicable, the following minimum information: (a) A Boundary Survey; (b) The existing topographic character of the land; (c) The proposed land uses; (d) The location of all existing and proposed buildings, structures and improvements; (e) The density and type of dwellings, including typical eleva- tions and showing maximum height; (f) The major 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; (gJ The location, height and size of proposed signs, fences, lighting and advertising devices including typical elevations; (hJ Areas which are to be conveyed, dedicated or reserved for public purposes, including, but not limited to: parks and recreational areas, bicycle and pedestrian facilities, aeheeiar-pH&iie-&Htiet~~a EASEMENTS FOR UTILITIES, or othe r public purposes; ( i) Areas subject to a 100-year flooding cycle; (j) A general landscape plan with major types of materials designated as to purpose, SOURCE OF WATER AND TYPE OF SPRINKLING SYSTEM. (k) DRAINAGE PLANS (1) fii~ Designation of various stages for construction, if applicable . • I ...... • 4 • • .. (m) A MYLAR OF TH E APPROVED DEVE LO PMENT PLAN SHA LL BE SUBMI TTED FOR RECORDING IN THE OF FIC E OF THE ARAPAHOE CO UN TY CLERK AND RECORDER. (2) Written Statement. The written statement with the Pl a nned De- velopment application shall contain the following minimum information: (a) A statement of the present ownership and a legal description of all of the land included in the Planned Development; (b) 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; (c) A development schedule indicating the approximate date when construction of th e de velopment or st a~e s of th e dev elopmen t can be expected to begin and to be completed; (d) Copies of any special agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and protection of the development and public areas. (3) The applicant may submit any other information or exhibits deemed pertinent to the evaluation of the proposed Planned Development. d. Review and Approval . (1) Upon receipt of the application, the Department of Communi t y Development shall be responsible for coordinating the review of th e devel opment plans by the various City departments and appropriate pub lic agenc ies c ulminating in the submission of an advisory report a nd r ecommenda- tion to the City Planning and Zoning Commission. Submission o f the r e por t a nd recommendation s s hall be a c complished within thirty (30) days af t e r the f i l ing of the c omplete application. A copy of the advisory report and recommendation s shall be furni f hed to the applicant • • I • • ( • • • • -5- (2) Within thirty (30 ) days after having rec eived such r eport, t he Co mmi ss ion, Hp&H p~epeP He~~ee, shall hol d a public hearing on the appli ca tion . The applicant shall post the property of the proposed Planned Developm ent, in a form prescribed by the Department of Community Development, and THE DEPART- MENT OF COMMUNITY DEVELOPMENT SHALL BE RESPONSIBL E FO R PUB LISHING THE LEG AL NOTICE OF THE PUBLIC HEARING. shall g~Ye WP~~~eft ft&~~ee a~ ~ke pYb lie kesFiHgT fet w~~h~ a~M~Y feGt eays ·~em ~ke ea~e ei ~ke PHbi~e-~eaFiHg, ~ke Gi~y PlaHH~Hg &He 6eft~Hg Gema~aa~aft shall make w~~~~eft i~fte~ftga FeeammefteiH g ~a ~k e G~~Y G&Hfteil ~ka~ ~ke pFapasee plsH be e~~keP appF&Yee, eaHei~isftally appFaYee a~ eisappPaYeeT A espy a{ aa~e iiHeiftga akall be iHPft~ske& ~a ~ke spp lie&H~T ~e G~~y GeHfte~l may Pe~H!Pe a PYblie MeaP~ftg pr~aP ~a ~ke {!Hal appFaYal aF e~aapp~a¥el af ~he pPapase& Pl&ftftee DeYelapmeft~T (3) WITHI N THI RTY (30) DAYS FROM THE DATE OF THE PUBLIC HEARING, THE CITY PLANNING AND ZONING COMMISSION SHALL MAKE WRITTEN FINDING S RECOMMENDING TO THE CITY COUNCIL TH AT THE PROPOSED PLAN IS EITHER APPROVED , CONDITIONALLY APPROV ED, 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 RETUR NED TO THE APPLICANT TOGET HER WITH THE FINDINGS SETTING FORTH THE REASON FOR DIS- APPROVAL. THE APPLICANT MAY MAKE THE NECESSARY REVISION AND RESUBMI T TO THE CITY PLANNING COMMISSION, OR THE DECISION OF THE CITY PLAN ING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY THE APPLICANT. A SECOND PUBLIC HEARING SHALL NOT BE REQUIR ED BY THE CITY PLANNING COMMISSION ON THE REVISIONS. THE CITY COUNCIL AT ITS DISCRETION MAY REQUIR E A PUBLIC HEARING PRTOR TO CONSIDERATION OF THE PROPOSED PLANNED DEVELOPMENT. SUCH HEARING SHALL BE SCHEDULED IN A TIMELY MANNER. Within thirty (30) days following the CITY COUNCIL'S public hearing , if held, or within thirty (30) days following rec ipt of the Planning • I • • • • • .. 6 Commission recomme ndation , if no hearing i s h e l d, the City Co un cil shall make f indings e ithe r ap prov i ng , c onditionally app r oving , or disapprov ing the proposed plan. A c opy of said f indings shall be furnish e d t o the applicant. IF THE CITY COUNCIL FINDS THAT A PLAN IS DISAPPR OVED, THE APPLICANT SHALL BE GIVEN THE REASONS FOR THE DISAPPROVAL. THE APP LICANT MAY MAKE ANY NECESSARY CORRECTIONS AND RESUMBIT THE CORRECTED PLAN. (4) Ali THE a pproved ei~e-piafte-ier-Piaftftea Development PLAN including modifications or conditions, shall be endorsed by the Chair man o f the City Planning and Zoning Commission AND THE MAYOR and shall be rec orded in the Office of the Arapahoe County Clerk and Recorder. (5) Any person a pply ing to the c o ur ts for a review of any dec i s i on mad e under the terms o f thi s Chapter sha ll DO SO appiy-rer-re¥iew wi t hin thirty (30) day s ar~er OF the date of THE decision and shal l be r equ i r ed to pay the cost of preparing a transcript of proceedings and the app l i ca tion f or review shall be in the nature of certiorari under Rule 106 (a) (4 ) of the Colorado Rules of Civil Procedure. e. St and a rds . Be f ore approving a Pl anned Development, the approving a genc y s h all ma ke written findings that the Planned Deve l o pme n t will imple ment t he purposes of this Ordinance and of this Chapter, and , in a dd ition, meet the f o llowing requirements: (1 ) Uses Permitted. The ~aea USE in the Planned Developme ~t must be ~pe rm i~~e a -ey-PtSft~~ A PERMITTED PRINCIPAL USE IN THE ZONE DISrRICT IN WHICH THE PLANNED DEVELOPMENT IS LOCATED OR A USE PE RM ITTED PURSUANT TO OTHER PROVISIONS OF THIS ORDINANCE INCLUDING ACTION OF THE BOARD )F ADJUSTMENT AND APPEALS.e r -app r e¥e8 -a e-~perai~~ee -ey -epeeia i-re¥ie w ~-ift-~he ~e&e-&ie~r ie~-ift-wftteft-~fte-Pi aft&ea -Be¥eiep.eft ~-ie-ieea~e T (2) The Planned Development is consistent with the intent of th Comprehensive Plan and the policies therein • • I • • ( ( • • • - 7 (3) The Planned Development's relationship to its surrounding shall be c onsidered in order t o avoid adverse effects ln the ex isting a nd pn sslh l c future development c aused by traffic circulatlon, building height or bulk, lack of screening, or intrusions of privacy. (4) 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 minimum usable open space requirements if ~he-6emmi~~ieft IT IS eeeePmiftes DETERMINED ~hat such areas will meet the following requirements: (a) The area will be of sufficient size to adequately serve the entire development for which it is designed. (b) The area is accessible and available to all of the occupants e~-awellift~-~i~s for whose use it is intended. (~ The area viil-&e-~see-afte-is SHALL BE suitable AND SHALL BE USED for ~eeftieT landscaping, AND recreational eP-all-e~-~he a~eremeft~iese& purposes. (5) The number of off-street parking spaces in the proposed develop- ment shall not be less than the requirements of Section ___ 1_6_._5 __ __ of this Ordinance, provided, however, that the CITY COUNCIL MAY, UPON THE RECOMMENDA- TION OF THE Planning and Zoning Commission, aay waive up to and including twenty-five (25) percent of said requirements in any eese& ZONE district, if one or more of the following factors are found to exist: (a) The probable number of automobiles owned or used by occupant s of AND VISITORSTO the proposed development will be less than typically found in similar developments. (b) The parking needs of non-residential uses will lessen the overall parking needs of the development • • I • • •' • 8 • • • (c) Va r ying time periods of usage by mixed uses in t he dev elop - ment will lessen overal l parki ng r equirement s . {d) The property owners will part ici pa te in a menaa~ory parking dis tric t which wi l l a de quate ly mee t the off-s treet parking needs of the developme nt. {6) Site Planning. The approving a~~ney AGEN CIES sh all be satisfied tha t the s ite p lan for the Planne d Development meet s a ll of the fo l lowing r e qu i rements: {a) ~-Plennee-9e.elepaen~--.e~-ee-plennee-in-~la~!ens~ip-~e ene-SU~Oaftetft~-8Pe8T-8fte-RMe~-e~-t8fteseepeeT--Jft-aeet~teftT ~he-ei~e-p l en-.. e~-een~ein-e-~~-iee~-~iier-e~r!p-in-eny prepeeee-e~lepaen~-whieh-will-inel.&e--.leiple-iemily-er nen-~eiaen~iel-ea!leinse-er-e~raeearee-vhieh-ie-eefaeen~ ~e-e-einsle-ieaily-reeiaeneiel-aee-eieerieeT--ih~-eaiier e~rip-ehell-ee-kepe-iree-ei-eaileinse-er-eeraeearee-ene-mas~ Be-laneeeepeeT-8ePeeneeT-8P-pPeeee~ee-ey-&e~aPel-iea~aPeST ee-~ee-ee¥ere~-eiieeee-en-earre.B4ins-ereee-e~-•*niaieeet IF TH E PROPOSED DEVELOPMENT INCLUDES MULTIPL E FAMILY OR NON RESID ENT IAL BUIL DI NGS OR STRUCTURE S AND IT IS ADJACENT TO A SINGLE-FAMILY RESIDENTIAL USE DISTRICT, THE DEVELOPME NT MUST CONTAIN A BUFFER. IN ORDER TO MINIMIZr ANY ADVERSE EFFECTS ON THE ADJACENT SINGLE-FAMILY AREA, THE BUFFER SHALL BE A TWENTY-FIVE (25 ) FOOT LANDSCAPED AREA OR AN OPAQUE SIX FOOT (6') DECORATIVE FENCE. lb) Within the Planned Development, epeei ns SUFI'ICIENT SPACE must be provided between buildings and stru(tures, giving consideration to their intended use, their location, design and height, the placement and extent of facing window areas, and the topography and such other n a tural features as will assure privacy and a pleas ~nt environment; • I • • 9 ( ( c • • • • (c) If the area of the development is such that an internal street circula tion system is nece ssary, such system shall be des igned for the type of traffic THAT WILL £e be generated, and all c urbs at entrances and other access points shall h a ve ramps to facilitate access for THE HANDICAPPED AND FOR All Planned Developments must have access to public streets. Private, internal streets may be permitted if they eaft-ee-~see-&y-peiiee-afte-iire aepartaeftt-veRieiee-ier-eaer~eftey-p~rpeses COMPLY WITH CITY STANDARDS. (d) 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, parks, greenbelts and other facilities as necessary. Trail systems and walkways through open space areas are encouraged as an alternate to pedestrian sidewalk requirements and may be used upon approval by the City providing the following criteria are met: (1 ) The system provides at least the same level of service as would the applicable sidewalk requirement. (2) Easements or open ways are plotted and dedicated to the system. (3) 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. (4) A perpetual association or corporation or other suitable means is established for maintenance • • I • • 10 • • • (5) Pedestrian walkways and bicycle trai ls are not combined . (6) Where the area considered for Planned Oe ve lo pme nL ls less than 5 acres, bicycle trails are not required. {e) The site plan shall provide for the maximum preservation of natural drainage areas, vegetation and other desirabl e natural features. f . Development in Stages. The approving a~eney AGENCIES may authorize the implementation of the development plan in stages. However, AT THE TIME OF CONSTRUCTION OF THE FIRST STAGE rer-eaeh-a~~heriee8-s~a~e of planned development, any private or public pePk-eree-~e-ee-esnveye8T-8e8iee~eT-&r-Peeer.eeT RECREATIONAL FACILITIES REQUIRED BY THE DEVELOPMENT PLAN shall be e~-a~rieien~-eiee CONSTRUCTED to serve the dwelling unit density rer-~he~-s~e~-er-er-~rrieien~-siee-~e-serve ~he-ewe~~in~~·•~-densi*Y for the entire development. ir-ehe-eenveyaneeT eeeiee~t&ft-&P-Pe&eP¥~t&ft-&~-~he-,~e~ie-&P-,Pt¥8~-,ePk-ePea-is-s*e~eeT s~eh-perk-erea-shell-&e-ieee~e-ie-*he~-pere-ei-~he-P~ennee-Bevele,~n~ inel~eee-in-tha~-e~e~eT-&P-e~re-in-~e-Pleftftee-9evele,~n~-et-e-leeetien aeeessiele-~e-~he-evelli~~~ni~-~e-&e-,revi&ee-ie-~he~-e~e~eT g . Chang es in th e Development Plan. Except as provided hereafter, no changes may be made in the approved Planned Development during its implementation: {1) Minor changes in the location, settift~T-hei~h~-er-e~&Pe~er of buildings and structures may be authorized by the Director o f Community Development if required by engineering or other circumstances not foreseen at the time the development program was approved. No change authorized by the Director of Community Development under this Section may increase the siee DENSITY of eey-&~ileies-er-etr~e~re-ey-.are-~hen-rive-f§1-pereee~ THE DEVELOPMENT, nor c hange the location of any building or structure by more than • I • ( • • • • 11 ~eft-tl97-~ee~-iR-Mfty-diree~ieRt 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 is closer to any side or front property line than was approved on the Development Plan. (2) All other changes in the Planned Development Plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a Planned Development. h. Aft&Yal ReY!ew REVIEW FOR CONFORMANCE. A~-leas~-eftee-every-~velve-fl~7-meR~hsT The Department of Community Development shall review all building permits which have been issued for the Planned Development and shall examine the construction which has taken place on the site TO INSURE CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN. ihe-Biree~er-e~-S~Ri~y-9evelepmeR~-shall-aake-a-reper~-e~-aRy-viela~ieRe e~-~he-previsieRa-e~-~his-Shap~P-eP-e~-ehe-eerma-aRe-eaaei~iefte-ai-~he BevelapmeRe-PlaR-appreval-ea-~he-PlaRRtRg-Sa..iaaiaRy-afte-~he-Sa .. ieeiaR shell-hale-a-heariRg-e~-ehe-repere-ei-viela~ieRe-eYeai~eee-ey-~he-D!ree~e•T hevisg-i!rse-giveR-vrieeeR-Ra~iee-~e-~he-PlaRRee-DevelapmeR~-applieeR~-eRe all-aVRere-ai-a8YEEiRg-prapereyT--HpaR-Pe¥iev-e~-~he-ellegee-yiela~!aReT ehe-6a .. iesie&-meyy-i~-ie-eeeae-ReeeeeeryT-Pe~YiPe-eha~-appPapr!e~e-ee~iaR ee-Eeke&-~8-Peaeey-ehe-Yt8l8Et8ft8T--i~-8Y@ft-8e~t8ft-t8-ft8~-~8keR-ey-~he appl!eaRe-w!eh!R-Eh!r~y-f~Q7-eayeT-er-!i-~he-6a .. iee!eR-ee~era!Ree-~he~-i~ ie-&eeessery-ea-aae&e-ar-aaei~y-~he-BevelapaeRe-PlaRy-~he-6a..tesiaR-aay eae&ey-aaei~y-ar-revake-ehe-eppPSYal-a~-~he-DevelapaeR~-PlaR-gi¥iRg-vri~~eR HRe!Rga-eheniaPT IF THE CONSTRUCTION IS NOT IN CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN, A STOP WORK ORDER SHALL BE PLACED ON ALL CONSTRUCTION UNTIL SUCH TIME AS THE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN WITHIN THIRTY (30) DAYS, • I • • • • • 12 THE DEPARTMENT SHAL L REPORT TH E VIOLATIO N AN D THE TERMS AN D CONDITIO NS OF THE APPROVED DEVT:LOPM ENT PLAN TO THE PLANNING COMMISSION. THE COMM I SSION SHALL GIVE WRITTLN NOTICE TO THE PLANNED DEVELOPMENT APPLICANT AND ALL THE OWNERS ABUTTING THE PLANNED DEVELOPMENT AND SHALL HOLD A PUBLI C HEARING ON THE REPORT OF VIOLATIONS SUBMITTED BY THE DEPARTMENT. UPON REVI EW OF THE ALLEGED VIOLATIONS, THE COMMISSION MAY, IF IT DEEMS NECESSARY, REQ UI RE THA T APPROPRIATE ACTION BE TAKEN TO REMEDY THE VIOLATIONS. THE COMMISSI ON MA Y APPROVE SUCH AMENDMEN TS AND MODIFY THE APPROVED DEVELOPMENT PLAN. IF THE AMENDMENTS OR MODIFICATIONS ARE NOT APPROVED, THE APPLICANT SHALL BRIN G THE PROJECT INTO CONFORMANCE, OR THE COMMISSION SHALL REVOKE THE APPROVAL OF THE PLANNED DEVELOPMENT GIVING WRITTEN FINDING THEREFOR. i. ANNUAL REV I EW. IF APPLICATION FOR BUILDING PERMITS HAS NOT BEEN MAD!: WITHIN TWO (2 ) YEARS OF PLANNED DEVELOPMENT APPROVAL, THE APPLICANT SHALL BE NOTLFIED IN WRITING AND REQUESTED TO GIVE CAUSE WHY THE PLANNED DEVELOPHENT APPROVAL SHALL N<JT BE WITHDRAWN BY THE CITY PLANNING COMMISSION. IF THE OWNER DOES NO T RES'OND WITHIN SIXTY (60) DAYS, THE CITY PLANNING COMMISSION MA Y WITHDRA J THE PLANNED DEVELOPMENT APPROVAL, THE APPROVED DEVELOPMENT PLAN SHALL Bt: DE CLARED NUL L AND VOID BY THE PLANNING COMMISSION AND WRITT EN NOTICE SHALL BE GI VEN TO THE PROPERTY OWN ER. ANY SUBSE QUENT PLANNED DEVELOP- MENT SII\LL COMPLY WITH TH E PROCRDUR E SE T FORTH ABOV E. j . Com plet ion of the Planne d Dev elo pm en t . Upon the c omp letion of the Pl anned Development, the Direc t o r of Commt nity Development s hall issue a certificate for the Planned Develop nent c ertif ying the completion and shall note the iss uance of th e c ertifi :ate on a n o f fice c op y o f the official Zoning Map anc on th e Site Plan. \fter completion, the use of land and the construction, modi fic atio n, or a lte ration o f any building s within the Planned Development wil l be govern e d by the d pproved Develo pment Plan. • I • • - ( • • • • 13 k. Fe e . The City Council may establish a fee schedule f or Planned Development applications to c over the costs of processing and review. 1 . Approving Ag en c y. As used in this Chapter, "Approving Agen cy " shal l mean th e City P!ftftftil't g ane-ientn~-S~ee~ COUNCIL ACTING AFTER HAVING REVIEWED THE RECOMMENDATI ON OF THE CITY PLANNING AND ZONING COMMISSION • ..(~ ~ .0£~ ~ .J;J., ~a Gi 6~~2.+ ~ ~ a:~< OwiaaaQ.a )!e. 1~ ... ie~i.ea Qt: l.~l.+ DEFINITION OF DENSITY AVERAGING. DENSITY AVERAGING IS THAT PROCESS UNDER WHICH COMMON OPEN SPACE IS PRESERVED OR LOWER DENSITY IS PROVIDED IN ONE AREA OF A PLANNED DEVELOPMENT AND EXCHANG ED FOR INCREASED DENSITIES IN ANOTHER AREA OF THE SAME PLANNED DEVELOPMENT. NOTE: ln o rder to bring the Comprehensive Zoning Ordinance under the 19 69 Englewood Mun icipal Code, a s ame nded, "Title 1 6" has been assigne d to the amen dm ents being made to t he Or d i n ance . This r e places "Title 22" of t .\e 19 62 Englewood Mun icipal Code . • I • • 06() Q 06-C() 0006 oooa • • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES & OVER & UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY -I ,000 DWELLING UNITS PLU~ 0 -5 AC.RE. +'ARCbL : DEVEL.OPE.D AT A l>~~~lrY OF I DNELI..INC:o UNIT5 "'Pe..R AC.RE. =- ~5 DWE-LLING uNITS LEA~ING 1105 l>WELL/NG uN1f5 1<E~t:lVE() 00 - 5 AC.RE. Pb.~CEL.; DE.V.ELOP&D AT A l::>E.~~~T~I OF I{ 'DWE.LLING UNIT~ ~R AC!P::E -::: /0 DV't'S.LUNG. UNI\S LEA'ItMG I !>O 'DWELLING ()Nr~ RE.'::£1{1/~( 000 ooua-15 AC:R..E.. 'P-''RC.E.L : tlE'IfLOPE.D ~T A. t>~1ry OF 40 l:>'NE.LLIN.6 Ul-111'::1 ?e..lZ... Ac~-=:. ~ 't:>WE.LL I NC:o UNl1"5 Z 9S DWE-LLING UNtr~ RE~E.RVE D FRoM. T .. E. 2. l'I"E. ~ltE.. "Pc>Rflf:ll·-4~ E:>F T .. f.::: I E. TO'T ..... 1-~ ~ 5 ~W.ELL.JN6 UNIT'!> AL.U) WE. D DEVELOPED UNDER R-3 ZONING Z':> ACIIll! PA~<-I!.L D€NSITY' : ""t 0 'DWe:LL1..,6 UN IT Pl!.R. A CR:E.. IF "OEVe:L.OP.E.D C.OULD 1-iAve: lpoo t::::>WE.L.L-11-J G UN 1~ . • I . • - • ( • • • • Sect i on 1 6.4-8 R-3, High De nsity Resid e n ce Di s trict . Ap r il 18, 1984 April 11 . 1984 Feb r uary 15 , 198 4 Oc t ober 28, 198 3 It i s the goal of th e ei~i~efts CITY of Eng l e wo od to encourage a va r iety of ho u sin g t o mee t t he n eeds o f the <.li ff cr in ):\ income lev e l s a nd t h t• v a r yi n):\ family s tructures by empha s izing quality of development thro ugh th e use of new developmental p rocedures that will encourage innovative well-design ed developments. It is inherent in this goal that the following be considered: 1. A development plan s hould be submitted for all RESIDENTIAL d e v e l o p- ments HAVING MORE THAN FOUR DWELLING UNITS . 2. New high-density res idential AND OFFICE project ,. s hould be sensitized to the c harac t e r of adjace nt d e velopment. Th e ~itin g of v e rt ical s truc tur es s hould r e sp e ct th e topographic featur es of th e land. 3. High-density r e sidential AND OFFICE development should b e locat e d on land parcels of s ufficient size to ensure proper sit e des i gn, identity, and t o warrant the installation of desirable a men ities . 4 . Wh e re pos s i ble , the view of the mountains should be preser ve d a n d efthaRee4T BUI LDINGS ORIENTED IN SUCH A WAY AS TO MAX IMIZE THE OCCUPANT VIEW OF ~E MOUNTAI NS. The R-3 District is composed of TH OS E AR EAS WHICH AR E CONDUCIVE TO high- density residential &Peas ai &he biEYT aPaiftaPi~y AND PROFESSIONAL OFFICE DE- VELOPMENT WHICH MAY BE located between sin gle and two-family residential are a s and commercial areas, plus certain open areas where similar dev elopment appea r s likely to occur. The regulations for this Dist r ict are designed to stabiliz e and protect the es s ential characteristics of the District , to promote and en- courage, insofar as is compat ble with the high intensity of land use, s uitabl environment for family lif , .md to permit certain professional uses of a char ct r unlikely to d velop a concentration of traffic, ePew 4e ei ~ee~le • I • • • • • • -2- &R8 geRePal e~~aeeP e8¥eP~!eiRgT AND PEOPLE . To these ends , this Dis tr i ct is protected against the encroachment of general industrial uses and c ertain commercial uses while the regulations permit high-density developm e nt con- sistent with the high concentration of persons and land valuation. Res i- dential types of structures as well as various institutions are permitt e d, plus structures for professional uses conforming to the pattern of th e Di s - trict. a. S~pplemeRea!Y GENERAL regulations. The provisions found in thi s Zone District shall be subject to the requirements and standards found i n Section 16.5, S~ppleMeR~ary GENERAL regulations, unless otherwise pro- vided for in this Ordinance or an amendment thereto. b. Permitted principal uses. ~l~ Afty ~ee pe .. iE~ea iR R-~ 6eRe 9ie~•ie•T (1) SINGLE-FAMILY DETACHED DWELLING. (2) SINGLE-FAMILY ATTACHED DWELLING. (3) TWO-FAMILY DWELLING WITH AT LEAST ONE PARTY WALL UNDER A COMMON ROOF. f~~ (4) Multi-family dwellings. PLANNED DEVELOPMENT APPROVAL IS RE- QUIRED FOR MORE THAN FOUR UNITS. fAMR~a &y 9PaT NeT 3~, Se•!es e~ 1971~ fa~ Ne~ ~e eKeeee ie•~Y ~49~ ~!~e pe• ae•e• eHeep~ as pre¥!eee iR See~ieft ~~T4-•eT Plaftftee ee¥elepMeRE sppPe¥al !a •e~~!•ee ~. all •~l~i ra.tly SVelltftS ~ftt~8T ~3~ (5) Hospitals and clinics, but not animal hospitals or clinics . f4~ (6) Retirement or senior citizen housing, rest homes, and nursing home s . ~~~ (7) Professional offices in which chattels or goods, wares or merchandis e are not commercially created or sold • • I • • - ( • • • • -3- (8) CHILD CARE CENTERS . ACCESSORY PLAY EQUIPMENT SHALL BE LOCATED IN THE REAR YARD . {e} (9) Educational institutions. {+} (10) Religious institutions. {8} (11) Public €seili~!es BUILDINGS. c. Mift!mua area ei le~T MINIMUM LOT AREA FOR PERMITT ED PRINCIPAL USES. (1) PARCELS OF LAND UNDER 43,560 SQUARE FEET {l} S!ft~le-€sa!ly evell!ft~BTTTTTTTTTTTTTTTTTTTTT&,QQQ B~T €~T {2} Mee!um-eefts!~y evell!ft~8TTTTTTTTTTTTTTTTTTTTLSee R-2 See~!eA} {3t Mul~i-€sa!ly 8vell!ft~8TTTTTTTTTTTTTTTTTTTTTT42;QQQ s~T €~T (a) SINGLE-FAMILY DETACHED DWELLING .•••..•. 6,000 SQ. FT . (b) SINGLE-FAMILY ATTACHED DWELLING ..••..•. 3,000 SQ . FT . 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 l'NITS •.•••••••••.•. , •.• , ••.••• 1, 000 SQ. FT. (2) PARCELS OF LANnl CONTAINING 43,560 SQUARE FEET OR MORE MAY DEVEJ~PED AT A DENSITY OF ONE UNIT PER 1,089 SQUARE FEET. {4} Seues~!eft&l !ft9~i~u~i&A8; reli~ieus ifts~!~u~i&ft8; ~u&l!e PER BE {~} (3) All other permitted principal uses .•••.•.•. 24,000 s q. ft. (THIS SECTION SHALL NOT APPLY TO AN EXISTING STRUCTURE CON- VERTED TO ACCOMMODATE A PERMITTED PRINCIPAL USE IF NO OT HER LAND lS AVAILABLE AND IF THE MINIMUM REQUIRED OFF-STREET PARKING IS PROVIDED.) • 0 I • • • -4- e. PePmi~~ee 8e~S iEy B8ftH 8 eys~em. ilt Be~He £er eiEe aeeemelage+ • • • Permi~~ee ease eeft&iEYTTooTTToTTTToooTTTTTT4Q ftoHTtft e ~ a e ~e Boft~S for iftereasee lo~ aseemelyTTTTToTToTT~ ftTHT ier eaeA a 8 - eiE!eftal l,QQQ S ~T i ET aeee111ltl e 8T i~t HaKiMHm eefteiEy wi~R B&ft¥&e8TTTTTTTTTTTTTTT+Q ftT¥Ttfte~ aere eT Kiftiavm £lear areaT d. FLOOR AREA. (1) MI NI MUM RESIDEN TIAL FLOOR AREA. (a) Single-family dwellings ••••••.•••.••••••••.•.• 85 0 s q. ft . (b) Keeiva eeRei~y aRe kith aeaeiey awell!ftl&+ ALL 01~E R ~ELLINGS. (i ) Effic i ency and/or one bedroom unit ••••••. 650 sq. ft. (ii) Two bedroom unit •••••••••••••••••••••.••. 750 s q. ft. (iii) Three bedroom unit ••••••••••••••••••••.•• 950 s q. f t. (iv) Each addition al bedroom •••••••••..•••...• 110 sq. f t. (2) MAXIMUM OFFICE FLOOR AREA. (a) THE SUM TOTAL OF THE GROSS FLOOR AREA I N ALL STRU CTU RES ON THE LOT, EXCLUDING THE GROSS FLOOR AREA OF PAR KING STRUCTURES, SHALL BE NO GREATER THAN 1.5 TIM ES TH E AREA OF TH E LOT ON WHICH THE STRUCTURES ARE LOCATED. iT HaK iava pe r eeA~a se ei lee eev eraseT Ma Kia¥a peP88ftease &£ l&~ 88 V 8Pft88TTT T TTTTTTTTTTTTTTTTTT3~ {Pa•kift 8 ae•veev•eaT a•••se•T e a •p e••e ••e ft &* i ft elvaea !ft le~ ee v enseT~ • I • ( • • • • -5- g.---M~ft~m~m-~sa&le-epeH-sreee. M~fti-m-ttaa&l~epeft-at•aee,,,,,,,,,,,,,,,,,,,T,,,,,,,, ••• .,. •• -i!5$ fA-eeverea-par~ift~-str~e~~re-wi~ft-laftaeeapift~-eft-~ep-may-&e-~Heltteee ae-e~H-spaeeTt e. Mifttmttm-Usable open space. Miftimam Usable open space •.••.•••.•..•••••••.••••••..••••..• 2S% OF LOT AREA. OPEN SPACE AREAS SHALL BE PROPERLY LIGHTED FOR SECURITY. f. MINIMUM LANDSCAPING. REFER TO LANDSCAPING REQUIREMENTS IN THE LANDSCAPING ORDINANCE. g. Utilities. Utility service to buildings in new PLANNED Developments or SUBDIVISIONS MUST be placed underground. h. Minimum ~Peft~a!e-e~ lot FRONTAGE. SINGLE-FAMILY DETACHED DWELLING .••••.•••••.•••••..•.••. SO FT. (2) Keei•m-eeHai~y-ewellift~TTTTTTTTTrTTTTTTTTTTTfGee-R-i!-9is~riet-Re~~la~ieftsTt SINGLE-FAMlLY ATTACHED DWELLING, TWO-FAMILY DWELLING, THREE-FAMILY DWELLING, FOUR-FAMILY DWELLING ..•••.••.••• 25 FT. PER UNIT. (3) All other permitted principal •••••••••.•..•••.•••...••. None i . Maximum hei!ft~-e~ building HEIGHT. tlt--S~~-~eaily-&ftft-mee~~-fteftSi~y-jwell~STTTTTTTTTTTTTTTTTTTTTT oTToTo f~--All-6~fteP-pepa~t~eft-pPifteipal-~8eftTTTTTTTTTTTTTTTTTTTTTii¥e-f5t !t~Piee-pl~8-~ftPfteft-levelT-et!~-ftft~-hiehAeP-~h8ft-8iM~y-f69t-iee£T fAlee-eee-Svpple8efttal-ResvlatiefteT-Seeeieft-i!i!T~-~Tt- • I • - • • • • -6- (1) SINGLE-FAMILY DETACHED AND ATTACH ED DWELLING AND T\·10 , THREE, AND FOUR-FAMILY DWELLING .................... 2) FT. (2) ALL OTHER PERMI'l'L'ED PRINCIPAL USES ................. 60 FT. (ALSO SEE GENERAL REGULATIONS, SECTION 16.5) lT j. Minimum front yard. (1) All permitted prin cipal uses: Up to three stories ................................ 15 ft . Four or five stories .••••.•.•••••.•.•..•..•••••••.. 20 ft. More than five stories ••.•..•...••.•••••.••..••.•.. 25 ft. lh-k. Minimum side yard. (1 ) Single-family DETACHED dwelling •.•.•••••.••.••...•.. 3 ft. (Total 10 feet for both sides) fat Meei~m eeftei~YTTTTTTTTTTTTTTTTTTTTTTTTTTTTT~ee R-a ~ee~!eft ~~+ ~l 8~R@f pefai~~ee p•ifteipal M8@8TTTTTTTTTTTTTTTTTl~ ~~T (2) SINGLE-FAMILY ATTACHED DWELLIN G AND TWO, THREE OR FOUR- FAMILY DWELLING ••••••••••••.•.••••• , ••••••••••••••.. 5 FT. (TOTAL 14 FEET FOR BOTH SIDES) (FOR PURPOSES OF TOTAL SIDEYARD SET BACK, THE SETBA CK SHALL APPLY TO THE ENTIRE STRUCTURE , NOT THE INDIVIDUAL UNITS .) (3) ALL OTHER PERMITTED PRINCIPAL USES .•••••••.•••.•••• l5 FT. (FOR EACH SIDE.) fh 1. Minimum rear yard. All permitted principal uses •.•••••••.•..••.•••••.•.••.. 25 feet eT m. Minimum off-street parking. OFF-STREET PARKING SPACES SHALL BE OF A HARD SURFACE, EITHER PAVED WITH ASPHALT OR CONCRETE. (1) SINGLE-FAMILY DWELLING ............................. 2 SPACES (2) All other permitted principal uses ••••••••• See Section 16.5 . ) I • • ( • • • • • -7- ~T n. Minimum off-stree t loading r equiremen ts. (See SH~~leaea*eFy GENE RAL Regulations .) ~T o. Acc essory buildings and p e rmitted a c c essory uses . fl} P~iva~e ge~eges e~ ea~,e~~sT P~ive~e ge~eges s~ ee~~eF~H ae- sigRee e~ Heee ieF ~he e*e•age ei ae*e~ vehieles s wRea eF e~ e~e*ee ey *he eeeH~sa~e ei ~he pFiReipsl &tiilaiRgt kew eveF, ee .. e•eisl vehielee eksll &e liai~ea ~e a ~h~ee-~ws~~e~ {~14} ~ea es•~iag eapsei~yT fa} HaHiMHM heigh*> Siftgle-faaily-er-MeSiHM-QeftSi*Y TTTTTTT Ree• ya•8TTTTTTTTTTTTTTTTTTTTTTTTTTT7 <T TTTTTTT~ ~~T (1) GARAGES AND CARPORTS. AN ATTACHED OR DETACHED GARAGE OR CARPORT MUS T CONFORM TO THE FOLLOWING REQUIREMENTS: (A) MAXIMUM HE IGHT .•••...••••...•.•.....•........ 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 (E) MAXIMUM TOTAL FLOOR AREA .•..•.•...•...•. 1,000 SQ . ~~. THIS APPLIES ONLY TO GARAGES FOR SINGLE-FAMILY DWELLINGS. (F) IF GARAGE OR CARPORT IS CONVERTED TO ANOTHER USE, AN EQUIVALENT AMOUNT OF OFF-STREET PARKlNG MUST BE PROVIDED . I • • • • • - -8- {2) ST ORA GE SH ED. NO T MORE THAN ONE STORAGE SHED SHALL BE PE RM I TT ED PER D\,J ELJ. lNC.. NO STORAGE SHED SHALL EXCE ED 100 SQ UAR E FEET IN AR EA . {a ) SHALL BE LOCATED ON REAR ON E-THIRD OF THE LOT . (b ) MAXIMUM HEIGHT ............................... 10 FEET (c) MI NIMUM SIDE YARD ............................ 3 FEET (NO SETBAC K I S REQUIR ED IF TH E WALL ADJ AC ENT TO THE PROP - ERTY LINE IS CONSTRUCTED OF ONE HOUR FIRE RESISTIV E MATERIAL .) (d) MINIMUM REAR YARD ............................. 3 FEET (NO SETBAC K IS REQUIR ED I F THE WALL ADJACENT TO THE PROP - ERTY LINE I S CONSTRUCTED OF ONE HOUR FIRE RES ISTIV E HA TE R1AL .) {~} {3) Non-comm e rcial parking lots. Required parking may be provided within 400 feet of the prop - erty, either within the same district or within a district whic h permits non-commercial parking lots . Such parking l o t must be maintained as long as THE principal permitt ed use i s ma i n ta ined, OR ALTE RNAT E PARK ING PROVIDED. {3} (4 ) Ser vice un i t s or faci l i t i es. Service facilities or un its such a s , but not limite d t o , ba r ber shops, beauty shops , gift s hops , coffee shops AND di n ing fa- cilities aft e eey e e •e e eftee •s, may be permitted for t he co n- veni ence of the tenants. (5) HOME OCCUPATION. OCCUPATIONS CUSTOMARI LY INCI DENT TO THE PRINCIPAL USE AS A RESIDENCE WHEN CONDUCTED IN THE SAME DWELLING, PROVIDED THA T THE FOLLOWING CONDITIONS JAE MET: (a) SALES ON THE PREMISES. THE SALE ON THE PREMISES OF ANY ITEM WHICH HAS NOT BEEN HADE , GROWN, OR PREPARED ON THE PREMISES SHALL BE PR OHIBITED • • I • • - • ( • • • • -9- (b) SALES OFF THE PREMISES. SAL ES OFF THE PREMISES BY THE OCCUP ANT SELLING HOUSEHOLD GOODS SUCH AS THOSE PRODUCTS OFFERED BY AVO N, AM.JAY, FULLER BRUSH, WATKINS, ETC., SHALL BE PERMIT TED . (c) THE OCCUPATION SHALL BE OP ERAT ED ENTIRELY WIT HIN THE DWELLfNC: UNIT AND ONLY BY THE PERSON OR PERSONS MAINTAININ G A DWELLI NC UNIT THEREIN. (d) NO ASSISTANTS SHALL BE EMPLOYED. (e) THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREAT ED THEREBY SHALL NOT INTERFERE WITH THE PEACE, QUIET OR DIGNITY OF THE NE I GHBORHOOD AND ADJ OINING PROPERTIES. (f) THE OFFIC J' OR HOME OCCUPATION SHALL NOT HAV E A SEPARATE OUT- SIDE ENTRANCE. (g) INCIDENTAL STORAGE SHALL BE ALLOWED FOR ITEMS MADE ON TilE PREMISES AND/OR SOLD OFF THE PREMISES. (h) THE OFFIC E OR OCCUPATION, INCLUDING STORAGE OF MAT ERIALS, EQUIPMENT , INVENTORY AND/OR SUPPLIES, SHALL NOT UTILIZ E MORE THAN THREE HUNDRED (300) SQUARE FEET; PROVIDEn , HOWEVE R, THAT THIS DOES NOT APPLY TO FOSTER FAM ILY CARE OR A DAY CAR E HOM E. (i) A DAY CARE HOME FOR THE CARE OF ONE TO FOUR CHILDREN MAY BE PERMITTED AS A HOME OCCUPATION. (j) THE USE OF ELECTRIC MOTORS SHALL BE LIMITED IN POWER, IHTH A TOT AL LIMITATION OF ONE AND ONE-HALF (1-1/2) HORSEPOWER, AND NO SINGLE UNIT OVER THREE-QUARTER (3/4) HORSEPOWER. (k) IN NO EVENT SHALL ANY HOME OCC UPATION INCLUDE THE FOLLOWING BUSINESS OR Cot1MERCIAL ACTIVITIES: (i) ANIMAL HOSPITAL OR KENNEL: • I • • • • • • -10- (ii) BARBERS, HAIRDRESSERS, COSMETOLOGISTS OR BEAUT ICIANS ; (iii) BODY, MECHANICAL REPAIR, OR MODIFICATION OF MOTOR VEHi CLES ; (iv) THE SALE, STORA CE , MANUFACTURE OR ASSEMBL Y OF CUNS , KN1VES OR OTHER WEAPONS OR AMMUNITION OTHER THAN FOR PERSONAL USE; (v) COMMERCIAL HEALTH CARE FACILITIES; (vi) RESTAURANTS; (vii) WHOLESALE OR RETAIL USES OF ANY ITEMS ON OR OFF THE PREMISES EXCLUDING SECTION (a) AND SECTION (b). (viii) PROCESSES INVOLVING THE DISPENSING, USE OR RECYCLING OF HAZARDOUS OR FLAMMABLE SUBSTANCES AND MATERIALS. (NO REGULATION IS INTENDED ON THE SALE OF FLAMMABLE SUBSTANCES WHICH ARE PROPERLY PACKAGED.) (1) ALL HOME OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTMEN T OF COMMUNITY DEVELOPMENT UPON COMPLETION OF AN INSPECTION OF THE PREMISES BY THE CODE ENFORCEMENT DIVISION AND THE FIRE DEPARTMENT. p. ENV IRONMENTAL STANDARDS. (1) Solar and wind exposure. Tall structures located adjacent to major open spaces should be sited to insure maximum 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 aide 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- f;!} p~ .. AH A$T P~aftt materia~& sft&~~e &e ae~eetea irem ¥ar~et~ee afta e ~e~~es that are aee~iaatee ier epeeia~ e~imatie eeftaitiefts ieHftft withift the ~ .. ~~eveae areaT Attefttiaft aheH~e &e ~i¥eft te t ke siee aftft eharae~er e i aateriale whieh will preawee tke aes i ~ea lafteseapee e£ieetT Pra¥iaiafta sheH~e &e .aee ier irr~~stieft &ftft feeeift~ aysteaa afte p~aeeaeftt iar praper maiftte~taftee aft e preteetian ta iftsHre mat~re ~rawth ai the p~afttST f ,.} P~aftt materia~a AhaH~e he arraft~ea !ft a Maftfter te eemr +e me At tke arek~teetHra~ ~Hality ei p±aaa ereasT {9} ~eeiaweve ~reee ekewla 9e wee& ia plaae are as te a**ew e wR - *i~ht awriRg ~he wift~e• aefttR&T {~} (2) Parking. (a) Parking areas should be screened from publ ic view by landscaping. (b ) Th e use of berms should be encouraged along t he major s tre e t s y s tem t o c ompl ement the planting e ffect and to provide a protective separat ion a nd screen i n g d e vice be- tween pedestrian and vehicle. PT q. OTHER PROVISIONS AND REQUIREMENTS. (l) NO TRUCK EXCEEDING SEVEN THOUSAND POUNDS, EMPTY WEIGHT, NO AUTOMOBILE TRA[LER, BUS OR MOTORIZED RECREATIONAL VEHICLE EXCEEDING 22 FEET IN LENGTH , AND NO TRUCK-TRACTOR OR SEMI- TRAILER SHALL BE PARKED OR STORED ON ANY ZONE LOT • (2) 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 SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS • • I • • NOTE: • • • • -12- 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 r e - places "Title 22" of the 1962 Englewood Municipal Code. • ) I . - ( • • • • Section 16.4-10 B-1 Business District. May 2 , 1984 April 11, 1 984 Ma r ch 13, l9 f!4 February 1 5 , 1 9 84 December 20, 1 983 December 7, 1983 June 7, 1983 May 18, 1983 December 21, 1982 THE B-1 BUSINESS DISTRICT IS A MIXED-US E DISTRICT WHICH IS APPLIED TO THE CENTRAL BUSINESS SECTION OF ENGLEWOOD . THE DISTRICT IS DESIGNED TO CR EATE AN ENVIRONMENT HAVING URBAN CHARACTERISTICS WITHIN A RELATIVELY SMALL AREA OF LAND THROUGH THE CLOSE PROXIMITY OF ACTIVITIES, THE INCREASED SOCIAL AND CUL- TURAL OPPORTUNITIES AND THE POSSIBILITY OF CHOICE IN ONE'S CONTACTS AND AS- SOCIATES. WITHIN THIS DISTRICT, THE TREND WILL BE AWAY FROM THE MONOTONY OF SEPARATORY LAND USE AND TOWARD THE VARIETY OF LAND USE ALTERNATIVES WHICH ACCOMMODATE THE CURRENT LIVING PREFERENCES. The s~P ~e~~Pes USES ~hePeiA WITHIN THIS DISTRICT are ~see ~P'iolllalfcily THOSE WHICH provide retailing and personal services to residents WITHIN THIS AREA AND TO RESIDENTS of the City a nd the surrounding area. IN ORDER TO MAKE THE CENTRAL BUSINESS DISTRIC T VIABLE 24 HOURS A DAY AND NOT JUST DURING THE TRADITIONAL BUSINESS HOURS, MEDIUM AND HIGH-DENSITY RESIDENTIAL UNITS ARE ENCOURAGED. The uses permitted within this District are those that will provide the maximum amount of service to residents of the ~!~y AREA and will b e eeAges~'ioe R ADJACENT DEVELOPMENT. a . S~ppleMeR~aPy GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16.5 , s~~~lellleR~aPy 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 • • - (1) Ambulanc e service ; (2) ANTIQ UE STORE; -'L- • • • (3) As s embly halls or auditoriums; f~~ Any vee ~~efteee ~e ~revise amvsemeft~ er eftter~Siftmeft~ eft ~aymeftt: ef a fee er aemiesieft elutr~:e..-(Repealed by Or d . 1128 Series of 1982) . {4~ Any vee tft~efteee t:e ~rev ise ~eel~~ ~rea~meat: fer ~~e ~aymeR~ ef a feet (4) {3~ Apparel and accessory stores ; (5) fe~ Appliance stores; (6) f+~ Art galleries OR STUDIOS; f8~ Avte sales er re~air, ev~ fte eemmereial wreekiftg, eiemeR~liRg, er jvftk yaresT Any av~e re~air eke~ shall ee sa eeeeeeery vee te aft avte sales vee, &ftft veee ear le~e are ~erm!~~ee wk eR veee ift eeftjvae~!ea wi~k &ftft as &ft tft~egral ~ar~ ef e aew eer ee~sliek mefttt ~revise&, kewever, ~ke vee& ear let shall he evsjee~ ~e the re~Hiremeftt:e as evtliaea tft ~he &v~~lemeat:ary Regvlet:!eRBT (7) {9~ Bakeries, retail; HO~ BaRke; (8) {ll~ Barber shops; (9) {12~ Beauty shops; (10) {l~~ Bicycle s tores; {14~ Bee~ e~ereet (11) {l~~ Book stores, NOT INCLUDING ADULT BOOK STOR ES ; {le~ llewliftg alleyet fl+} llvileiftg ma~erial sales ree•e fewelHeiag lvMser yeree er evt:eiee et:erage}t (12) fli} Business machine et:eree OR COMPUTER STORES; • • I • - ( ( • • • • -3- (13) {lg} Ca me r a a nd pho t ogr a phic SERVICE A~~ supply sto r es; (14) {~Q} Candy, nut a nd con f e c t i one ry s t o r es ; (15 ) {~l} Ca t e r e r s; (16) CH I LD CAR E CENTER; (17) CHINA, CRYSTAL, AND GLASSWARE STORE; (18) f~3} Cleaning wi th non-i nflammable cleaning agent s only; (19) {~~} Collec tion and dis t ribution s tation f o r laundry a n d dr y c leaners ; (20) {~4} Cl i n ics , d e ntal , e~ me d ical, OR OPT I CA L; {~5} Gra~ift~ Serv!ee~ (21 ) {~e} Dairy pr odu cts s t o r es ; (22) {~8} Dan ce studios for privat e ins tructions; (23) {~+t Diaper service; (24) {~Q} De lic ates sen s tores; (2 5) HQ} Department stores; HH 9ressaaki ftg ehepet (2 6 ) Hat Drug s t o r es; (27) H~} Dry goods stores; (28) H 4} Eating or drinking establishments , NOT INCLUDING DRIVE-IN; (29) {~~} Educational institutions; NEED NOT BE ENCLOSED, BUT {~e} Sg~ efta pe~l ~ry seeree {fte sl a ~gh~erift ~' e v !seerae!ftg, p l~e k !ft g er er ess!ft g }~ (30) {~+} Electrical contractor shops , provided it is incidental to (31) H 8} (32) HH a retail sales room a n d is limited to equipment employing not more than five (5) horsepower; Electric substations; Exterminators; • I • • - • • • • -4- (33) FINANCIAL INSTITUTIONS; (34) {4H Floral s hops; HiH Feoe leeker plaR~s freft~tft~ eftly iRB!YtSM&l leelter>t feF ke~Ht> eMs~&Mef e~era~e ef fee&, iRelMe!ft~ sale a~ re~ail, eM~~iAg afte paekas!ft~ a£ feae, mea~s aRe ~a111e, BM~ fte~ ifte±MeiAg slaH~h~eriR~ er ev!eeeFa~!ftg ~llePeefh f4~t F&&e pPaeeseift~ {Pe~ail eft prem!eeett H4t FrM'i:~ s~ePeet (35) {431-Furniture stores; (36) {4et Garden supplies stores; (37) {4~t Gas regulator stations; (38) {48t Gift, novelty or souvenir stores; (39) f49t Grocery stores; (40) f~Qt Halls, renting for meetings or social occasions; (41) {~lt Hardware stores; (42) HEALTH TREATMENT FACILITIES; (43) {~~t Hobby supply store; (44) {~~t Home furnishings stores; (45) f~4t Hotels AND CONVENTION CENTER; (46) f~~t Interior decorators; (47) f~et Jewelry stores; (48) f~~t Laboratories, dental, eP medical, OR OPTICAL; (49) f~8t Laundries; (50) LEATHER GOODS AND LUGGAGE STORES; (51) f~9t Li brary or reading rooms; (52) fi9t Liquor stores (sale by package); (53) fi±t Linen supply; • • I • • ( • • • • -5- (54) ~e1!t Loc ksmith; ~i~t Lttssase e~e•est (55) ~Mt Mail order houses; (56) ~in Meat, £ish, POULTRY, or seafood stores; ~iit Ke~e•eye~e s~e•eet (57) MUNICIPAL BUILDINGS; (58) ~i+t Music stores; (59) ~iit News stands (for the sale of newspapers, magazines, etc. only); (60) ~e9t Notions stores; (61) HIH Office buildings, PROFESSIONAL OR BUSINESS; HH 9pH.eiaftet (62) OFFICE SUPPLY SHOWROOM; (63) ~+at Optical and scientific instrument shops; (64) ~+~t Paint and wallpaper stores; (65) ~+4t Painting and decorating contractors; ~+§t PltWft sheps afte seeefte hafte ·~•es fstteh tt&e aha~~ he eeftette~e& eft~i•ely wi~hift eft e11eleeee e~PYe~•ett (66) PARKING FACILITIES; (67) ~+it Pet stores; (68) ~++t Picture framing; (69) ~+it Photographic studios; (70) ~+9t Photostating and blueprinting; ( 71) PHYSICA L FITNESS CENTER; (72) ~i9t Plumbin; shops, provided they are incidental to a retail sales room and are limited to equipment no t employing more than five (5) horsepower. Peliee s•••isftet P••• eitieeet • I • • • • • -6- f8~~ PPessiftg, el~ePiRg eRe fepeiPiftg ef weefiRg e~pefelt (73) {84~ Printing, publishing and allied industries, provided that such operation shall not be hazardous or obj e ctionable du e to noise, smoke, fumes, air pollution, heat, glare, r adiation or vibration; (74) f8~t Private clubs, lodges , fraternities; (75) {8ft~ Public buildings; {87~ Res~a~P8ft~8 {&eE iftelYeiftg ep!ye-i& Ey~e~t (76) {88~ Religious institutions; (77) RESIDENTIAL, MULTI-FAMILY, CONDOMINIUM OR LEASE; (78) {89~ Shoe repair OR SHOE SHINE shops OR STAND; (79) f9Q} Shoe stores; (80) f9H Sign painting shops; (81) f9~t Sporting goods stores; (82) f9~~ Stationery stores; f94} &E~et.eet (83) f9~~ TailoriNG eltepe AND DRESSMAKING SHOPS: (84) TAXI CAB STAND; (85) {9ft~ Telephone exchanges; (86) f9+t Telegraph offices; (87) {98~ Theaters (not including drive-in type OR ADULT MOVIES OR PRODUCTIONS); (88) {99~ Theatrical studios; (89)flQQ~ Tobacco stores; (90)flQl~ Toy stores; (91) TRADE OR BUSINESS SCHOOL; (92) TRANSIT CENTER; (93) TRAVEL AGENCY; • • I • • ...... • -7- (94) {lG~t Uph o l s tering s hops; {lG~t ¥a~ie~y s~e~est {iG4} ¥ege~a8le s~s~est {lG~t ~~aee &f 8Ysiftess eekeelt • • .. {lGe} WeaPiftg appaFel {ia8Fiea~ieft &fte pFeeessiRStt (95) Any similar lawful use which, in the opinion of the Com- mission WOULD BE COMPATIBLE WITH OTHER USES IN THE AREA AND WHICH WOULD NOT BE is ft&~ 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 throu gh danger of fire or explosion. c. Conditional Uses. (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 . {2} AeYl~ Kn~e•~eift•eft~ aRele• ~erviee Faeil!~yT {at Ne aeHl~ eft~e•~a!n.eft~ e• ee•viee iaeili~y skall 8e le~e~ee eft sfty si~e Yftl~ss syeh si~e !s fte~ lese ~kaR the eistaft~e limita~ieft as ~e~Y!~ee 8y ~k!s see~isn+ {it l 0 GGG iee~ iPem ~he le~at!en ei ftft&~he~ BYek aeyl~ eftte~~a!ftmeft~ e• sePYiee iaeili~yt an& {~t ~GQ ieel i•e• ~ke eeYReaPy line ei aRy ~esieen~!al eiet~!e~ eeiinee ift ~fte Geap•eheft&!Ye ~eft!Rg Qpei- ft&ftee, Qpe!Reftee NeT ae, ~e•!es ei 19&~, as amefteee, !Relveing, ey* As* l~tee *s• R-1-A, R-l-8; R-l-G, • I • • •' • • • • -8 - H -~, H-~-G , H-3, 6£ R-4 6£ simile£ £e6iH e A ~id+ se A ~ ~ia~£ie~ !R aR a£ea a~j6iRiRg ~ke G!~y 9! ~nglew 9 e~, 6£ aRy £el!gi9~e iR9~!~~~!9R 0 ~~&l!e ~a£k; ~ekl+e l!b~a£y, e9mM~Ri€y eeR~e£0 9£ e~~ea~i9Ral iRs~i~e~i 6 R; wke~ke£ wi~RiR 9£ w!~R6~~ ~Re G!~y 6£ ~Rglew96~T d. PROHIBITED USES. e. (1) ADULT E~~ERTAINMENT AND SERVICE ESTABLISHMENTS; (2) MANUFACTURING; (3) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; (4) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD AP PLIA NCES , FURNITURE, OR OTHER ITEMS COMMONLY USED IN A HOME, WHETHER ON PRIVATE OR PUBLIC PROPERTY; (5) WAREHOUSING OF PRODUCTS OR ITEMS NOT SOLD ON THE PREMISES; (6) SALE AT WHOLESALE; (7) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FRot1 ANY TEMPORARY STRUCTURE OR VJ :HICLE UNLESS A BUILDING PERMIT APPLICATION HAS BEE N SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. Accessory Uses. Any retail or service use not prohibited in th is Dis- trict which is provided for the accommodation of the tenant :, client s , patron s or cus tomers of the Permitted Principal Use, and wh ich i s lo - cated in the same building or structure. The· Accessory Use must b e subordinated and clearly incidental to and customary in conn ection wit h the Permitted Principal Use. An Accessory Use could be, but not limit e d to, such uses as a radio or TV antenna, a swimming pool, a t ennis c ourt heliport, etc • .Ul h:!J w1u1 iaei4ettl; 'e •he a&e¥e pePIII.i~~ell ttses; when rcea~ell ea ~ka sa.a ~•4iR! si«e as «*e ~~«ee tise, • I • -• • • -9- f~t ~dver~~~f~~ sf~ns re±a~~ft~ ~o ~he ettsfness eeftett e£e6 en ~he ~Fe~~ses shall 9e ~eF~~~~eat ~Fev~eee, ksweveE, ~ka~ s~eh s~gRs shall 9e ~±aeea ss as AS~ ~s eFea~e aA ~A}wE4ews eEEee~ 9y ilash~Ag SF 9y glaFe SA 9RY SWFFSWASiAg FesfaeR~fa! eFeaa aRe shall As~ esafl!e; wi;h ;Fa,ffe l!gh~a sF e&s;•we; ;ke view ei me~eria~sT iRis prev!e!ea shall AS~ 9e aeeM ~6 ~e perm!~ ew~6eer eeMmereial a6ve~f&!Rg 6ev!ees wi~fifR ~hf~ ~eRe IH,a£Pfe~T *3t Svfm.fR~ Peels----aemf-prfva~e, aemf-~welfe, aRe ~Melfe~ *See s~pplemeft~8t'y Regwla~feRatT f. REQUIREMENTS FOR DEVELOPMENT. (1) tet Maximum height of bui1dings .••••••...• One hundred (100) feet. ~at SQ~ iRQA9WA¥ INSK~IVK ARKA---------Ffi~y-ifve-t~~t-iee~T *et ~LL QJHSR &-± ~SAS-------------------Sevea~y-ifve-t+~t-i ee~T *et MaMiMYM kefgh• ei e~f±efft~a-----------SeveR~y-five-*+~t-iee~T (See Section 16.5 for Height Exceptions.) *2t Repea±ee ey 9P6T NeT 2&, Series ef l9e8T (2) *et. Minimum yards SETBACK. a~ S9HiH iR9AQWA¥ INGSN+IVS ARSAT **t l SieR¥ &~ILQING-----------------------------N9NS t2t NeW G9NSiRHGil9N 2 QR 3 SiGR¥ iHibQI ~G-------±2-FGG+ SSi&AGK FGR FIRS+ FL99RT *3t 4-SieR¥ &HlbQlNG----±2 F9Qi Sei8AGK F9R FIRS+ ANQ · F9HRiH fLGQRST *4t ALb i~ILQINSS AQJ9INING A WAbK+HRGHGW GR GN A GQRNSR L9+----l2 F9Qi SS+&AGK F9R FIRS+ ANQ F9HR+H. &T Abb e;wsa &-± ARSAST • • I • • - • • • • -10- No ye~ds SET BACK shall be required; provid ed , how e v e r, th at wh ere PROPERTY IN TilE <1 B-l Bu s in ess Di s trict abut s up o n any PROPERTY IN any "R" Residential Di strict situated in th e same block, the r esidential FRONT yard requireme nt s e£ ~k e aeH~~~ft~ Resieeft~~al Q~eer~ee shall apply t o that ~eF~feft e£ PROPERTY IN the B-1 Business District. w~~ftfft SHeA bleek eM- eept as ~8 siee yarea 8ft eerfter le£eT ~~ G8Pfter l8E8T 9ft eeraeF lees ~ke eeebaek iFeM ~ke iFeft£ e£ ~k e hH!lefftg ekall eemply wi~k ~ke se~haek Fe~Hiremeft~e e£ ~he s~Fee~ H~ea wkiek ~ke ireRe e£ £ke 9Yileiag iaeesT ~ke sfe e e£ ~ke hY!lei Rg shall 9e se ~ 9eek ~a a e£ l ess £heR e fte-kal £ {+!~} e~ ~h ~ iP8ft£ eeeeaek re~Yiree ier hY!leift~e 8ft l8~s irefttiftg Ypeft eke aiee sereee, eHeep£ eke£ where £kere are fte leee iFefteiftg Ypeft ekae eereee, eke s~ee yare re~Y~reaeftte eftly ekell applyT WkeFe aft epeaiag Yp&R 8 sise er preper~y lias aay 9e p.avieee ier pe8es- £riaa weesT 8 aiaiaw. se~9aek ei £kree {~t iee£ ek8ll 9e previee&T (3) MINIMUM FLOOR AREA. (a) RESIDENTIAL USC EFFICIENCY OR STUDIO .•••••........••••. 500 SQUARE FEET ONE BEDROOM ............................ 650 SQU ARE FEET TWO BEDROOM ••.••••••.•••••.•..•••••.••• 750 SQUARE FEET EACH ADDITIONAL BEDROOM •••••••••••••.•. llO SQUARE FEET (b) ALL OTHER PERMITTED PRINCIPAL USES ••.•••••••••.•• NONE (4) Minimum off-street parking afte l8aeiftg, DEVELOPERS ARE ENC OURAGED TO PROVIDE PARKIN G IN MULTI-L EVEL STRUCTURES IN ORDER TO CONSERVE LAND. IF IT IS NOT FEASIBLE TO DO SO, SURFACE PARKING AREAS SHOULD BE SCREENED FROM THE VIEW OF PEDESTRIAN WAYS BY MEANS OF DECORATIV E WALLS OR FENCES, LANDSCAPED BERMS, OR MATURE SHRUBBERY • • I • • • - -11- PARKING SHALL BE LOCATED NO MORE THAN 400 FEET FROM THE USE IT SE RV ES . IF THE DEVELOPER SUBMITS A MARKETING OR PARKING STUDY PRE - PARED BY A QUALIFIED PROFESSIONAL USING REASON ABL E PROFES- SIONAL STANDARDS, AND IT IS APPROVED BY THE COMMUNITY DE - VELOPMENT DIRECTOR AND THE CITY TRAFFIC ENGih~ER , THE PARKING STANDARDS IN THE GENERAL REGULATIONS MAY BE WAIVED. IF THE DEVELOPER DOES NOT SUBMIT A MARKETING OR PARKING STUDY TO THE CITY, THE PARKING REQUIREMENTS IN THE GENERAL REGULATIONS SHALL BE APPLIED. (5) LOADING TOTAL AREA. ACCESS FOR LOADING SHOULD BE PROVIDED OFF OF THE ALLEY; OR, I F THE PROPERTY HAS NO ACCESS TO AN ALLEY, FROM THE STREET. (6) LANDSCAPING. LANDSCAPING AS MAY BE REQUIRED BY THE LAN DSCAPI NG ORDINANCE . (7) UTILITIES. liTILITY SERVICE TO BUILDINGS IN NEW DEVELOPMENT MUST BE UNDER- GROUND. (8) LIQUEFIE D 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 SHALL CONFORM TO CURRENT FIRE CODE REQUIREMENTS. kT Genei~!enel YsesT P•ev!aee ~ke ~~&lie !n~e•es~ is f~lly pre~eeEee ana ~ke iellew!ng ~ees are &~~•eve& &y ~ke GeMM!ss!en ~~~T3-~l ef Geaprehensive 6ening 9reinanee~+ ±T Ae~l~ Kneereaiftaene afte~e• eerviee ~aeil!~yT {a~ ~e ee~l~ efteereainaene er serviee iaefliey shall &e • • I • ....... • • • • .. -1 2- ioea~ed-on-aRy-siee-~R~ess-s~e~-si~e-is-Re~-iess-~~aR-~~e-6ts~aftee ~iai~a~ion-as-pe~uired-ey-~his-see£ien+ ~1~~-----1y000-~aa~-£~gm-~ba-lg~a~~QR-Q£-aQQ~Ra~-aw~b-adwl~- aR~a~~a~aaaR~-Q•-aa•v~~a-£a~~l~~Yi-aAd- ~~~------~QQ-~ee£-~rem-£he-eeHReery-liRe-e~-eRy-ree4eeRt4el-ei stP!et derined-in-the-€omprehensi•e-~onin~-erdtnenee,-erd±naRee Ne•-~6,-Series-er-%963,-as-emended,-±neladin~-b~t-not-timfted to-R-±-~,-R-i-B,-R-i-€,-R-i,-R-i-€0 -R-e,-er-R-4-or-s±miiar residentiei-zone-distriet-fn-en-area-ad!einin~-the-€ity-er £n~ieweed,-er-eny-reii~ietts-instittttten,-pttbiie-park,-pabife iibrary,-eemmanity-eenter,-er-edtteatienei-tnstit~tien, whether-wtthin-or-witheat-the-€ity-er-£n~ieweod• tet--Keaaarement-or-distenees.--~ii -distenees-pr~ded-herein-she~i-be meesared-es-reiiows~ tit------With-respeet-te-the-distenee-eetween-s-ieeetien-rer-whieh-en edait-entertain.ent-or-ser.iee-feeiiity-is-prepesed-end-s- ieeetton-wftere-saeh-e-feetitty-exists,-the-dtstenee-shali-be meesared-by-foiiwetn~-e-stret~ht-itne-rrem-the-nearest-pein~-e~ the-preperty-itne-ef-the-prepesed-iieensed-premtses-te-the--- neerest-petn~-er-the-preperty-itne-of-the-extsttR~-iieensed premises. t~t------With-respeet-et-the-dtstsnee-frem-the-eoandery-i ·rne-o~-e residenttei-dtstrtet-er-eny-reit~toas-institatien,-pabl±e perk,-paeite-iterery,-eemmantty-eenter,-er-eduesetenai tnstttatten,-the-dts~snee-sheii-be-meesared-ey-feiiewin~-a stret~ht-itne-rroa-the-neerest-petnt-ef-the-preperty-iine er-the-prepesed-iteensed-pre.tses-to-the-nesrest-peint-er the-dtstrtet-bettftdary-itne~-er-tn-the-ea•e-ef-e-reli~teas tnsttttttten,-pabite-perk; • I • • • • • • -13 - p~~ll~ ~~&-.~T ~~~l~~ G~H ~~£T 9£ ~d~e6~±6~6 ± ih- S~~~~~ieflT t"e diS ~tifle e Sftdl± e e ~tiS~~ed by tc±idwi~~ a et~e~g"t ±~fte {~e~ ~he t~.ee~es ~ ~ifl~ Hf ~h~ ~~d~H~~~ ±~eet~.eee ~~see te ~e flee~es~ p&tft~ s f ~fte ~~d ~e~t y ±ifte ei e Peiigi~• ifts~i~~~eft; ~e±ie ~e~k, ~elie lie•epyT ~fti-t~ eeft-te£T ~ eti~ea-tt8fta± 4fls~tt~t%6ft• ·H~ Whe~e the ~epesee ieeeHeft ei eft eetti~ et~.te~~tfttlleflt e• e--.,*ee M1!iitt~ is e ¥Seaft-t ~~eei ei Uftd Ui'Sft 'llftieit M pe1PIIi-e ft8a eaeft ieetteti fe~ ~e eeM-t~tte~i ef e kH8tft8T eii liie-tftfteee 8fteH ee t~~eee~~ttl H6t!t tfte Me-e-e petft-t ei ~e ~ep--ey itfte sf ~e ±eftd ~•epeeeti ee e ieee-tiet~. +e• 8ft eti~i-e eftte•~«tfltlleft~ ~ ~a ~v~~a £aa~•••¥• WheFe *fte ~epeeeti leea-tien sf at~. a4tt±t --ee.-eeift~ft-t e. ee~tee ieeiiity ~e a ¥Seat~.~ paHei e{ ~-tip8ft wh*eft 8 pe~-e Mil ea@ft teetted f M tfte eeftllt•tte-tieft IIi e pe ... fteftt kiitiiftg fa. eueh tititT a.U ~H&a41ea IN\.W-l ee -.stttl'eti ~ *fte ftea•ee~ ~sift~ "' •fta ~a,e~-ey H~~e es eftewft eft -tfte eu\'¥ey ei -eh ~a•eei ef iefttiT ~As a.ettee e ey Gpe t ft&fte e #44T Se£~ee &i lQSi~ ~T A.tiee Mett t e eteeitehae fttS ifte i ttetft 8T ettt fte ~ ±tatted te ~ ~~iit e~e He iieT Bewi i ft g AiieyeT €84ft-6~e~e-ttti Ge~ttiT Bftftee He±leT iaee••8ft4e ~ ¥ieee Ge.eeT Night 68~&., GtitdeM Seffl- •e•eie± Ree•ee tieRel ieeiiittee, Pee± Hei ~e, .. cketit~.g R±~ks. ~A& ftMefttieti ey Gptiift aft ee #~8, Ge~iee ei i9 8 ~t • I . 1- 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 amendments being made to the Ordinance. This re- places "Title 22" of the 1962 Englewood Municipal Code. • D I • • ( Se c tion 16 .4-ll B-2 Business District. • • • Rev. 5-2-84 4-11-84 2-29-84 3-13-84 This District is composed of certain land and structures used primarily t o provide URBAN RESIDENTIAL USE, retailing an d personal services t o TilE RESIDENTS rounding area. The B-2 District is usually located on major access routes ~e-~h e 6eftePal-B~ifteea-9i~~et and is easily accessible from the surrounding residential a. 6!Pple8efttary GENERAL regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Section 16 .5, S~~~leaefttaPy GENERAL Regulations, unless otherwise provided for in thi s Ordinance or an amendment hereto. b. PLANNED DEVELOPMENT. A PLANNED DEVELOPMENT SHALL BE FILED FOR THE DE"ELOPM ENT OF ANY LOT HAVING ONE OR MORE ACRES IN AREA. SEE SECTION 16.4-15 FOR DEVELOPMENT PROCEDURE. c. 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, except for one or more of the following uses: (l) Any use permitted in the B-1 Business District; (2) Animal hospitals (kennels to be enclosed and the runs enclosed by a fence six [6] feet high); (3) Auction houses; (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAL VEHICLE WRECKING DISMANTLING OR JUNK YARDS. (5) Drive-in ty~ eating or drinking establishments; (6) Feed and seed stores (excluding the sale or storage of hay); • • 0 I • • d. • • • • -2- (7) FOOD LOCKER STORAGE; t7*--SeP&ges-F6r-eemmereiel-efte-~~&lie-~~ili~y-vek!elest (8) Gasoline and oil service stations; (9) Hospitals and convalescent homes; (10) MOTOR VI\H[CLE SALES OR I.Ei\SE; (11) Mortuaries; (12) Hotels matar-ee~rtsT-a~te-ee~r~s-tier-traftsieft~-~se-aftly-efte (not including trailer courts); tl~*--9Ht868r-eemaereiai-aevertisiftg-eeviees-tfte-sHeh-eeviee-she±±-&e ~laeee-se-as-te-iaee-afty-Resieefttiel-eefteT-~H&lie-~ark-er-~arkway ii-v!thift-efte-hHft8ree-tl99*-iee~-thereirem*t t±3*-~eraiftftls-ier-pH&iie-traftsit-vehielest (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. t±4*--frailer-seles-letst t±5*--Hsee-ear-le~st (16) 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. Accessory uses. (1) Any use incident to the above Permitted Us s, when locst d on the same building site as the P rmitt d Us • (2) Swimming Pools--semi-private, ami-public, nd public. (S e ~le.entu) GENERAL R gulationa) • I • • ( ( • • • ,. • -3- e. Co nditional Uses . Provided the publi c j nterest is fully protected and the following uses are approved by the Commission (Se c tion 16.6 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 dista nce limitation as required by this section: (i) 1,000 feet 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 Comprehensive Zoning Ordinance, -()rditretree--iffi-.- ~. Series -o£--±963-,-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 residential zone district in an area adjoining the City of Englewood, or any religious institution, public park, public library, community center, or educational institution, wheth er within or without the City of Englewood. (b) Measurement of distance. All distances provided herein shall be measured as follows: (i) With respect to the distance between a location fo r whi ch 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 neare st point of the property line of the proposed licensed premises to the nearest point of the property line which is the existing licensed premises • • I • - •' • • • • -4 - (i i) With r e spec t t o the di s t ance f rom the boundar y l ine of a residential district o r a ny rel i g i o u s ins titut ion , publ i c p ar k , public libr a ry, c ommuni ty c en te r, o r edu c at i o na l institution, the distance shall be measured by fol l owi ng a straight line from the nearest point of the property l i ne of the proposed licensed premises to the nearest point of the dis tric t boundary line; or in the case of a religiou s institution, public park, public library, community c enter, o r educa tiona l institution, the d is tance s hal l be measured by foll owing a straight line from the nearest poin t of the pro perty line of the proposed l i c ensed premises t o the nea rest point of the property line of a religious institut ion, public park, public library, community center, o r educ ational ins titution. (iii) Where the proposed l ocation of an adult enterta inmen t o r s ervic e facility is a vacant parcel of land upon which n o permit h as been issued for the construction of a bui l ding , all d i s t a nces s h all be me a sure d f r om the nea res t p oin t of t h e prope r ty lin e o f t he lan d pro p osed as a location for an ad u lt entertainment or serv i ce facility. Wh e re the p roposed loc ation of an a d ult e n tertainment or service fac ility i ~ 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 fro m the neares t point of the property line as shown on the survey of such parcel of land • • I • • ( • • • ,. • -5- E-~--eruie8~~F4~41&r-44.-~"'-~~'--l.llal.). (2) Motor Vehicle Rep air businesses, not including bo dy or fender work, dismantling or collision repair, and provided that: (a) Mot o r vehicles being serviced or stored while waiting to be serviced o r 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 premise s outside of an enclosed structure; (d) An y area subject to whee led 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 foll owing conditions: (a) A minimum of three (3) parking spaces shall be provided on the si t e fo r each wa s hing stall; (b ) The s ite shall be paved to the specifications of the Department 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 . . (~~~-~.d.i p a p cp .J/.U..-Se.rU£.Q.L~~ (4} Amusement establishments including, but not limited to: Billiard Halls, Bowling Alleys, Coin-operated Games, Dance Halls, Electronic or Video Games , Night Clubs, Outdoor Commercial Recreat i onal Facilities, Pool Halls or Skating Rinks. ~ ~ &y-9rdinenee *'!8; Sertes of t')8t;-)' • I • • - • • • • -6- (5) MINI-STORAGE. LIMITATIONS: NOTWITHSTANDING THE REQUIREMENTS OF THE ZONING O R Dl ~&~CE , AND OTHER ORDINANCES AND REGULATIONS OF THE CI TY, ALL MINI-STORA GE USES ESTABLISHED AFTER THE EFFECTIVE DATE OF THE ORDINANCE SHAL L COMPLY WITH THE FOLLOWING LIMITATIONS: (a) PERMITTED USES; GENERAL. NO OTHER USES OR ACTIVITIES OTHER THAN RENTAL OF UNITS OR SPACE FOR DEAD STORAGE SHALL BE PERMITTED ON THE PREMISES, EXCEPT FOR OFFICE SPACE AND LIVING QUARTERS NECESSARY TO , AND INCIDENTAL TO, THE MANAGEM ENT AND OPERATION OF THE B SINESS. THIS PROVISION SPECIFICALLY INCLUDES THE PROHIBITION OF ANY ACTIVIT Y SUCH AS AUTO REPAIR; AUTO OR FURNITURE PAINTING AND REFINISHING; ELECTRICAL EQUIPMENT OR ELECTRONIC REPAIR OR ASSEMBLY; OR ANY OTHER LIKE REPAIR, REFINISHING, OR ASSEMBLY ACTIVIT Y BY THE OW tlE R, OR AGENT THEREOF, OR BY LESSEES OF STORAGE UNITS OR SPAC E. (b) MINIMUM LOT AREA. NO MINI-STORAGE SHALL BE LOCATED ON A SITE HAVING AN AREA OF LESS THAN ONE (1) ACRE. (c) MAXIMUM LOT COVERAGE. LOT COVERAGE OF ALL STRUCTURES SHA LL NOT EXCEED THIRTY-FIVE PERCENT (35%) OF THE TOTAL LOT AR EA . (d) MAXIMUM BUI LDING HEIGHT. BUILDING HEIGHT SHALL NOT EXCEI.D THIRTEE N (13) feet. (e) NUMBER OF STRUCTI 'RES. STORAGE UNITS MAY BE LOCATED WITH J N A SI NG LE STRUCTURE OR MULTIPLE STRUCTURES ON THE SAME LOT. (f) TYPE OF CONSTRUCTION. i. ALL STRUCTURES SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE UNIFORM BUILDING CODE. ii. ALL DRIVES, PARKING AREAS, AND, WHERE PERMITTED, OUTDOOR STORAGE AREAS SHALL HAVE A COMPACTED BASE AND SHALL BE PAVED WITH AN IMPERVIOUS MATERIAL WITH A THICKNESS OF NOT LESS THAN FOUR INCHES (4") • • I • • • • • • -7- (g) CIRCULATION, PARKING AND LOADING. i. CIRCULATION. ALL DRIVES INCLUDING LOADING LANES WITHIN THL SITE MUST BE AT LEAST TWENTY-FIVE (25) FEET IN WIDTH. PUBL IC 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 FROM 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 MARKED 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 STORAGE OF ANY ITEM. LOADING LANES SHALL BE A MINIMUM OF NINE FEET (9') IN WIDTH. (h) OUTDOOR STORAGE. OUTDOOR STORAGE MUST BE LOCATED ON TH E SITE AND/OR SCREENED IN SUCH A MANNER SO AS TO ELIMINATE THE VISUAL IMPACT OF SUCH AREA • • I • • • • .. -8 - (i) LAND SCAP ING , FENCING AND LIG HTING . i. LANDSCAPING. LANDSCAPING SHALL BE PROVID ED IN COMP LIANC E WITH THE LANDSCAPING ORDINANCE. SCREENING WILL BE PROVIDED ALONG ALL BOUNDARIES OF A MINI-ST ORAGE SITE WHICH ABUTS PROPERT Y LOCATED IN A MORE RESTRICTED ZONE DISTRICT THAN THE MINI-S TO RAGE SITE, OR FACES A MORE RESTRICTIVE DISTRICT SEPARATED BY &~Y PUBLIC RIGHT-OF-WAY. ANY BOUNDARY OF A MINI-STORAGE SITE WHICH AB UT S OR FACES A RESIDENTIAL DISTRICT SHALL BE BUFFERED BY A LANDSCAPED AREA OF NOT LESS THAN TEN FOOT (10') WIDTH AND SHALL BE PR OVI DED WITH A FULLY ENCLOSED SIX FOOT (6') OPAQUE FENCE. THE CITY RESE RVES THE RIGHT TO REQUIR E SUCH REASONABLE LANDSCAP ED AREA AS DEEMED NECESSARY BY THE DIRECTOR OF COMMUN I TY DEVELOPMENT TO PR OVIDE ADEQUATE VISUAL SCREENING OF ADJACENT PROPERTIES OR PUB LIC RIGHTS-OF-WAY. ii. FENCING. MINI-STORAGE SITES SHALL BE FULLY ENCLOSED TO PROVID E MAXIMUM SECURITY AGAINST TH EFT OR VANDALISM. SUCH ENCLOS URE MAY INCLUDE FENCING,STRUCT URAL WALLS, OTHER MEANS OF ENCLOSUR E, OR ANY COMBINATION APPROVED BY THE DI RECTOR OF COMMUN I TY DEV ELOPM ENT. i ii . LI GHT ING . ADEQUATE LIG HTING SHAL L BE PROVID ED WIT HIN 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) STO RA GE OF FLAMMABLE MA TERI ALS, EXPLOSIVES OR CHEMICALS. STORAGE OF FLAMMAB LE LIQUI DS, GASES, OR OTHER FLAMMABLE MATERIALS INCLUDING BUT NOT LIMITED TO PAINT, MOTOR OIL, AND GASOLINE; ALL EXPLOSIVES INCLUDINC BUT NOT LI MITED TO DYN AM ITE , 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 • • ( ( • • • -9- GASOLINE CONTAINED IN ~~ INTERNAL COMBUSTION ENGIN E OR VEHI CLE; ANY LIQUID OR GAS WHICH IS CONTAINED UNDER PRESSURE; AND ANY OF THE POTENTIALLY DANGEROUS CHEMICAL COMPOUNDS COMMONLY ASSOCIATED WlTH MAINTENANCE AND REPAIR ACTIVITIES. (k) MAINTENANCE. THE EXTERIOR OF STRUCTURES AND GROUNOS SHALL BE MAf NTA I.NE D IN A NEAT, CLEAN, AND ORDERLY MANNER. THE OWNER, HIS AGENT OR MANAGER SHALL PROVIDE AT LEAST ONE CLOSED DUMPSTER-TYPE TRASH CONTAINER FOR EACH FIFTY (50) STORAGE UNITS AND SPACES. SUCH CONTAINERS SHAL L BE EVENLY DISTRIBUTED THROUGHOUT THE SITE IN EASILY ACCESSIBLE AND CONVENIENT LOCATIONS. (1) SIGNAGE. SIGNAGE FOR MINI-STORAGE DEVELOPMENTS SHALL BE LIMITED TO ESTABLISHMENT IDENTIFICATION AND DIRECTIONAL PURPOSES ONLY, AND SHALL BE IN COMPLIANCE WITH THE PROVISIONS OF THE SIGN CODE. (m) MANAGEMENT. i. THERE SHALL BE EMPLOYED ON THE PREMISES OF ANY MINI-STORAGE DEVELOPMENT A FULL TIME MANAGER OF THE OPERATION. SUCH MANAGER MAY BE "LIVE-IN", PROVIDED THAT A PERMANENT RESIDENCE WHICH MEETS ALL THE REQUIREMENTS OF THE CITY FOR RESIDENTIAL OCCUPANCY IS LOCATED ON THE SITE. ii. RENTAL OF ANY STORAGE UNIT OR SPACE SHALL BE RECORDED IN A WR I TTEN LEASE AGREEMENT. SUCH DOCUMENT SHALL, AS A MINIMUM, CON TAI N CLEAR STATEMENTS OF ALL LIMITATIONS AND PROHIBITIONS CONTA I NED HEREIN. A COPY OF SAID LEASE SHALL BE KEPT IN THE OFFICE OF THE MINI-STORAGE OPERATION AND SHALL PROVIDE THE FOLLOWING INFORMATION: a. NAME OF LESSEE: b. BUSINESS NAME (IF APPLICABLE) AND NAME, ADDRESS TELEPHO NE I I F APPROPRIATE CONTACT : • • I • • - •' • • • • -10- c . RE SID ENCE AND BUSINESS ADDRESS ; d. CITY, STATE AND ZIP CODE; e. RESIDENCE AND BUSINESS TE LEPHONE; f. DRIVER'S LICENSE NUMBER OF LESSEE (OR OTHER VA LID IDENTIF I CATION); g. GENERAL DESCRIPTION OF STORAGE ITEMS; h. SIGNATURE OF LESSEE ACKNOWLEDG I NG LIMITATIONS AND PROHIBITIONS OF LEASE AGREEMENT. iii. IT SHAL L BE THE RESPONSIBILITY OF THE OWNER, HIS AGE NT OR MANAGER TO PERIODICALL Y INSPECT THE CONTENTS OF LEASED STORAG E UNITS OR SPACES FOR COMP LIANCE WITH THESE REGULATIONS. SUCH INSPECTION SHAL L BE COND UCTED NOT LESS THAN ONCE EACH QUARTER (~) OF EVERY YEAR SUCH BUSINESS IS IN OPERATION. A RECORD CONTAININ G THA T INFORMATION REQUIRED IN THE LEASE AGREEMENT, TOGETHER WITH A RECORD OF EACH INSPECTION WHICH SHALL INCLUDE THE DATE OF SA I D INSPECTION, TIME AND RECORD OF VIOLATIONS, SHALL BE MAINTAI NE D IN THE MANAGER'S OFFICE. SUCH RECORDS SHALL BE MAINTAINED IN A CURRENT AND ORDERLY MANNER, AND SHALL BE AVAILABLE TO TH E CIT Y'S I NSPE CTORS UPON DEMAND . IT SHALL BE THE OWNER'S, HIS AGE NT 'S OR MANAG ER'S RESPONS I BI LITY TO NOT IFY TH E CITY OF ANY AND ALL VIOLATI ONS OF THE REGULATI ONS SET FO RTH HEREIN IMMEDIATELY. iv. IT SHALL BE THE JOINT RESP ONSI BILITY OF THE OWNER, HIS AGENT OR MANAGER TO ENSURE THAT THE LESSEES COMPLY WITH ALL APPLICABL E PROVISIONS OF THIS CODE. (n) PLAN REVIEW. ALL SITE DEVELOPMENT PLANS FOR MINI-STORAGE DEVELOPMENTS SHALL BE SU BMITTED FOR REVIEW BY THE CITY . • I • • - • • f . PRO HI BIT ED USE S. (1) MANUFACTURING; • • • -11- (2) OUTDOOR STORAGE OF MATERIALS, SUPPLIES, AND EQUIPMENT ON PRIVATE AND PUBLIC PROPERTY; (3) THE OUTDOOR DISPLAY, STORAGE OR SALE OF HOUSEHOLD APPLIANCES, FURNIT URE , 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 16.4-11 e 5; (5) SALE AT WHOLESALE; (6) SALES OR SERVICE ACTIVITY SHALL NOT BE ALLOWED FROM ANY TEMPORARY STRUCTURE OR VEHICLE UNLESS A BUILDING PERMIT APPLICATION HAS BE EN SUBMITTED FOR A PERMANENT BUILDING OR STRUCTURE TO REPLACE THE TEMPORARY STRUCTURE. fT---6arner-le~aT--9ft-e&PfteP-l&~a-~he-ee~eeek-af-~he-freftt-ef-the-~ilatft~-ehall ee.ply-wi~h-vith-~he-ae~eeek-P~~iPeaene-ef-~he-aeree~-~peft-vhieh-~he-freftE ef-~-~ilatftg-faeeaT--~-eiee-ef-~he-e~ilete3-ehall-he-eee-eeek-~e-fteE leea-Ehaft-eee-half-f~+-ef-~e-frae~-ee~eeek-re~~irea-fer-e~ilaiftgs-eft-leEs fPeft~tftg-~peft-the-eiee-a~Peee~-eweepe-~het-where-there-ere-eee-lete-freftEtAg ~peft-the~-e~PeeE~-Ehe-eiae-yera-p~~iPe~ft~&-eftly-ehell -e~~ly T--Wftere-sft e~ftiftg-~peft-a-et&e-er-praperey-lifte-.ay-he-pra•iaea-fer-~eeeatrtaft-~se~ e-•ifti~•-ae~eaek-ef-~hree-f~+-feet-ehell-ee-pr&¥taeaT g . Maximum height of buildings. h. fl+--Fa~r-f4+-atariee~-e~t-fteE-greater-~haft-fifey-f~G+ SIXTY (60) feet . f~+--Re~lea-&y-ereT-N&T-2&~-seriee-ef-l9&iT+ Mifti~-yeree SETBACKS. No yeree SETBACKS shall be required; provided, however, that where a PROPERTY ZONED B-2, Business &ieerie~. but s upon any PROPERTY ZONED "R" Residential District,•i.~c.e4. 1.a tQa aa.a ~ .. the residential FRONT yard requirement of the a butting R aidential • I • • - NOTE: • • • • • -12- District shall apply to that portion of th e PROP ERTY IN THE B-2 Business District w~~k!R evek &leek exc e pt a s to s i de ya r ds on corner lots . i. Minimum off-street privat e parkin~; ami lu a ulnt;. (See Sotf'l'le•e n ~a ey GENERAL Re gulati on,.) j. LIQUEFIED PETROLEUM GAS INSTALLATIONS SHALL BE PERMITTED ONLY FOR THE PURPOSE OF SUPPLYING FUEL FOR APPROVED HEATING EQUIPM EN T. LIQUID PETROLEUM GAS TANKS IN EXCESS OF 500 GALLO NS (WAT ER CAPACITY) WILL NOT BE PERMITTED IN THIS ZONE DIS TRICT. LIQU EFIE D PETROLEUM GAS INSTALLATIONS SHALL CONFORM TO CURRENT FIRE COD E REQUIREMENTS. In order to bring the Comprehensive Zoning Ordinance under th e 1969 Englewood Muni c ipal Code, as amended, "Tit L(' I 6" ha s hcc n assigned to the amendments being made to the Ordinance. This r e - places "Title 22" of the 1962 Englewood Municipal Code • • I • • ( ( • • • • April 25 , lq f!4 April ll , 1984 Feb r uary 15 , 1984 Sect ion 16.4-11 Design Guidelin es for the REHABILITATIO N OF EXI STING BUILDINGS I N THE South Broadway Incentive Ar e a . a . Legislat i v ~ Purpo s e and Int e nt . This section of the Comprehensive Zo n ing Ordinan ce h as been design ed to implement the goals of the Comprehensive Plan and the Englewoo d Down town Re development Plan as they pertain to that portion of South Broadway i n t he 3200 through 3500 blocks which shall be referred to as the South Broadway I ncent i ve Area. The South Broadway Incentive Area (S .B.I.A .) i s c r eated i n o rd e r t o deve l op a positive image for thi s area which will encourag e new bus i n esses and to create the framework for redevelopment of existing struc tures t h r o ugh architectural compatibility to provide better insight into the design a s - pe cts of existing buildings and the potential of properties along South Broadway. To this end, cri teria by which individual properties can b e r e - deve lo ped or res tored are herein set forth: (1) Re es tabl ish and unify the building facade character through emphasis on original construction materials and s tructura l modul es . (2) Remov e unn ecessa ry v isual c lut t e r from the bu ild ings not consistent with the original co n struction. (3) Improve the quality of the pedestrian experience along Broadway. (4) Reestablish u pp er l evel office a n d residen tial u ses . (5) Facilitate ped est rian access t o Broadway from parking areas. (6 ) Upgrade the appearance of r ear of b u ildin gs. (7) I mprove service access along r ear o f bu ildings • • I • - 0 • • • • • -2- b. Administration. The review of the plans shall be the responsibility of th e Dir ec t o r of Community Development or her designee for conformance with th e s e r eg ula- tions. No building permit shall be issued for the reco nstruc tio n o f th e e x - te rior uf :my huilding unless the lmprove ml!nt conforms with th<'SC' ~~~ idL·I in<'s . c. Facade/Design Criteria. (1) General Facade Zone. (2) (a) Window sill zone -2 feet to 3 feet 6 inches from ground level. (b) Display zone -Window area between window s ill and first floor ceiling level. (c) Signage zone -From first floor ceiling to sec ond flo o r window sill level. IF THERE IS NO SECOND FLOOR, TH E S f(;N- AGE ZONE SHALL BE FROM THE FIRST Fl.OOR CEILING TO THE TOP OF THE PARAPET WALL. (d) Upper floor commercial/residential zon e -Second flo o r window sill to top floor ceiling. (e) Architectural roofline zone -From top floor c eiling t o top of parapet. De s i gn c rit e ria for upgra ding and r esto ring exis t ing front fac ad es . (a) Fac a de exterior. 1. The renovation of existing facades s hal l r espect th relationship of first floor s t o r e f r o nts a nd upper stories and shall be consis tent with th e o riginal architectural character. 2. The removal or alteration o f any historical or di s - tinctive architectural detailing s hall be ave'~ 8 DISCOURAGED • • I • - ( • • • • • -3- Recommend e d bu ild i ng ma t erial s : a. Pe rmitt e d cl adding shall b e bric k, stuc co or other ma s o nry material. b. Permitted window casings: Wood, bro n ze or black anodized aluminium, painted or baked enamel steel. c. Perm itted trim: Wood stucc o, stamped metal or brick. 3. Building cladding colors s hall b e e arth colors . 4. Building trim colors shall c om plement t he color s 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) He i ght and Scale. 1 . TI1e height and scale o f b u i ld i ngs s hould r elat e to the a r ch i t ecture a n d scal e of a dj a cent buildin gs . 2. Ove rall height is limi t e d to fo ur stories maximum . (c) Setbacks . (d) 1. Mandatory 0 foot setback wherever possible. 2. On buildings two stories and abov e , a 1 2 foo t fi r s t floor setback for weather protection i s e nco ura ged. Architect ural projections into right-of-way. 1. Un less otherwise permitted, no new metal canopies , roof overhangs, or other permanent architectural elemen ts may project into the right-of-way. Canvas awnings are encouraged • • I • • • • • • -4- 2. No structural element may project i nto right-o f - way. (e) Signage. 1. In addition to the Engl ewood sign requirements 2 • specified in Section 16.8 of the Comp reh ensive Zoning Ordinance, the following requirements shall also apply to the South Broadway I ncent ive Area . In the event that these requirements and those of the more general Sign Code requirements conflict, tke mePe &~Piftgeft~ THESE regulations shall apply. a. Wall signs s hal l only be located in the sign zone. b. Projecting signs shall only be located in the sign zone ancl shall be no larger th<Jn 12 squart> feet per face and 24 square feet total. c. Signs painted on windows shall be permitted in windows above the first floor and shall identify the business located on the premises only. d. PleMislaee, iRtePBally ill~Mifta~ee eP &eekli~ eisfte ekall &e pPaki&i~eeT e. INDIVIDUAL LETTERS SHALL BE TilE ONLY TYPE OF INTERNALLY ILLUMINATED OR BACKLIT SIGN PER- MITrED. BANNERS WHICH DO NOT CONTAIN COMMERCIAL AD- VERTISING SHALL BE PERMIITED WHEN USED FOR DECORATIVE PURPOSES. ANY ~ IGN WHICH WAS LAWFULLY ERECTED AND MAINTAINED • I • • ( • • • • -5- PRIOR TO THE EFFE CTIVE DATE OF THIS ORD IN ANCE , BUT WHICH DOES NOT CONFORM TO THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE, SHALL BE A NONCONFORMING SIGN, AND MUST BE BROUGHT INTO CONFORMANCE OR TERMINAT ED AND CEASE TO EXIST IF ANY ONE OF THE FOLLOWING CON- DITIONS OCCUR: A. WHENEVER THE SIGN IS DAMAGED MORE THAN 50 % OF ITS TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WHATSOEVER, OR BECOMES OBSOLETE OR SUBSTANDARD UNDER ANY APPLICABLE ORDINANC E OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BECOMES A HAZARD OR A DANGER. 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 FOR A PERMIT TO MAKE IMPROVEMENTS TO THE FACADE OF Til E BUILDIN G ON WHICH THE SIGN IS LOCATED. APPEALS SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16.8 OF THE SIGN CODE. (f) Awnings. 1. Two types of canvas awnings shall be used: a. Individual awnings located nt entries to shops and second story windows • • I • • • • • • -6- b. Large awnings cov e rin g the e1tire building frontage. 2. Awnings shall be attached below t 11c s ign zo n e . 3. Awnings are permitted over window :; on up per floors . 4 . Maximum depth of awnings shall be 8 feet. 5 . Color scheme of awnings shall complement the colo r s 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 sc re e n ed 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 r ear of buildings shall be asphalt OR CONCRETE except at pass throughs wher e 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- -,:i-.-----f>eMr-~~~~.f-&£-~-£~4-~-~.a.H..J..Q.i~- H+---i-~~-i:et~~-~-be-~--4.-t-&r4.-a.,-~~-&ti1Adar~~ ~1't'epe~~-&-4.fiatio£-e-~-be-~4.-&.i.J.-H-;r-~-~-~ ment--wi~~-{~~ .. e.t~. (<IT ;>acade ~-oectJT--at-rotg+~-i-tne-~-f~-~~ ~-et:-40C-ec~~~~- ~-~.m.at;eri a 1 5 .aat.,.~..f.=m. jll"Operty .l..ine.~ notr--b&.~~~~~~~-~ ~~.C..<(?) (2)2 ~-a.pp~oued ~ (.d+.-~~ 5&thack d..U.~4£...anca••raged .faL.~ ~--.1£.~ setback, ~~~4£..aru:a••r•ged ~)--~~-~~4WA&tit••tv~~ ~~~:i-M-i:ng-~~-&--w.¥..~~~ ~_..-~:I.A---b.ri-W.~-:l.l\.~~-l;he.~ ~-~-~~~~~~- -f+}---h:H-8·~-Mee&&-~-&l:wW.:J..-f-....w.....~~.¥.~~~1 -l-M--~4S.)-~~~-~-treatment ~ ~-J.-~~--~-'-~)..~- ~)----hi-:W~-"~Ir-&M~~~-4~r£.--..iou..u.h-~r. -.. ~~lr-N.a.k--l.l.-~-t-~}t- • I • • NOTE: • • • • -8- In order to bring the Comprehensive Zoning Ordinan ce und e r the 1969 Englewood Municipal Code, as amended, "Title 16" has been assigned to the amendments being made to the Ordinance . This r e - places "Title 22" of the 1962 Englewood Municipal Code. • I • • ( ( • • • • DRAFT 3 -30-83 3-27 -84 SECTION 16 .4 -15 PL ANNED DEVELOPMENT (P.D.) DISTRICT . The purpose of this subchapter i s to permit and enco ura ge diversi fica t ion in th e location o f struc tures and the app r op ria t e r elat i o nship of var i ous uses and structures to their s ites witho ut inhibiting the po tential advantages of new and imaginative tec hniques and concepts o f desig n o f urban land u s e. These regulations are further intended to insure improved pedestria n and vehi c ular circulation facilities and the provision of usabl e o pen s pace whi l e ins uring adequate standards relating to the public health, safety , wel fa re and c o nv en i en ce in the use and occupancy of buildings and fa c ilities. The a menities a nd c ompatibilities of the P l anned Development c lass i f icat i on a re to be insured ~e BY the a doption o f a development plan, wh ich shal l c ons is t of map s , d iag r am s a nd written statements s etting forth land us e rela tionships and development sta nd a r d s. The Planne d Development classification i s to be a pplied to land on ly up o n s pecif i c a p plicat i on by the owner OR OWNERS OF TH E LAN D er-a~~heri~~-represeftta~ives-e ~ ~he-ftWfter and af t e r a pp roval by the City Pla nning a nd Zoning Co mm iss ion AND CITY COUNCIL . Cons truction o n s aid l and s hall t a k e place o nly after the approval of documents have been recor ded in the Office of the Clerk a nd Recorder of Arapahoe County, Colorado. a . Requirements. (1) DEVELOPMENT UNDER the PLANNED DEVELOPMENT District REGULATION ma y-&e eem&i fte d -w it h -a fty-e~h er-~e ft e d -ai s ~r ie ~-aftd shall be subject to the provisions of this ordinance as well as the basic e eft i ft ~ ZONE district with which it is combined. Where a conflict occurs be t ween an approved P.O. and the regulations of the underlying e eft i ft~ ZONE district, the approved P.D . shall prevail, except with regard to permitted uses, AND dwelling unit density. afta -a••-s~ree~-park i ft ~ re~i re ~ft ~8T THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A PLANNED DEVELOPMENT HAVING AN AREA OF 10 ACRES OR MORE AND UNDER ONE OWNERSHIP. DENSITY AVERAGING SHALL APPLY ONLY WITHIN THE SAME ZONE DISTRICT UNLESS APPROVED • I • • • • 2 BY THE CITY COUNCIL THROUGH TH E PLANNE D DEVE LOPMENT Q) In order to encourage good desig n and flexibility, €ke-6i€y regulations applicable to the development MAY BE WAIVED, if it is assu r ed that all public improvements and conveniences will be con sumat ed t hrough 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. h. Pre-Application Conference. A pre-application conference shall be held with the staff of the Department of Community Development in order for the applicant to become acquainted with the Planned Development procedures and related City requirements. c . Application. An application for approval of a Planned Development aey SHA LL be file d by the owner or owners of the land. er-ey-a-perseft-ha¥ift~-aft-ift~eres~ afte-reeereift~-ei-~he-9e¥e~ep.eft~-P~aft. The application shall be made on a form provided by the City and shall be accompanied by plans and written I • statements showing the following information: • • n - ( ( • • • • • 3 (1) PreliMtftery-Plafts. DEVELOPMENT PLAN. A rrelimiftary 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 Preltaiftftry DEVELOPMENT Plana must contain, insofar as is applicable, the following minimum information: (a) A Boundary Survey; (b) The existing topographic character of the land; (c) The proposed land uses; (d) The location of all existing and proposed buildings, structures and improvements; (e) The density and type of dwellings, including typical eleva- tions and showing maximum height; (f) The major 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; (g) The location, height and size of proposed signs, fences, lighting and advertising devices including typical elevations; (h) Areas which are to be conveyed, dedicated or reserved for public purposes, including, but not limited to: parks and recreational areas, bicycle and pedestrian facilities, seheelsT-p~elie-e~ileiRSS EASEMENTS FOR UTILITIES, or other public purposes; ( i) Areas subject to a 100-year flooding cycle; (j) A general landscape plan with major types of materials designated as to purpose, SOURCE OF WATER AND TYPE OF SPRINKLING SYSTEM. (k) DRAINAGE PLANS (1) fll~ Designation of various stages for construction, if applicable . • I • • • 4 • • • (m) A MYLAR OF THE APPROVED DEVE LOPMENT PLAN SHALL BE SUBMITTED FO R RECORDING IN THE OFFICE OF THE ARAPAHOE COUNTY CLERK A~D RECORDER. (2) Written Statement. The written statement with t he Planned De- velopment application shall contain the following minimum informa tion: (a) A statement of the present ownership and a legal description of all of the land included in the Planned Development; (b) An explanation of the objectives to be achieved by the development, including building descriptions, sketches, or elevations as may be necessary to describe the objective s; (c) A development schedule indicating the approximate date wh en construction of the development or s tages of the development can be expected to begin and to be completed; (d) Copies of any special agreements, conveyances, restriction s , or covenants which will govern the use, maintenance and protection of the development and public areas. (3) The applicant may submit any other information or exhibits deemed pertinent to the evaluation of the proposed Planned Development . d . Review and Appro val. (1) Upon receipt of the application, the Department of Community Development shall be responsible for coordinating the review of the development plans by the various City departments and appropriate public agencies culminating in the submission of an advisory report and recommenda- tion to the City Planning and Zo ning Commission. Submission of the report and recommendations shall be at ·complished within thirty (30) days after the filing of the complete application. A copy of the advisory report and recommendations shall be furnifhed to the applicant . • I • • • ( • • • • -5- (2) Within thirty (30) days after having received s u ch r epo rt, t he Commission, ~paR praper Ra~~ee, shall hold a public hearing on the appl ication. The applicant shall post the property of the propos ed Planned Developme nt, in a f o rm prescribed by the Department of Community Development, and THE DEP AR T- MENT OF' COMMUNITY DEVELOPMENT SHALL BE RESP ONSIBLE FOR PUBLISHIN G THE LEG AL NOTICE OF THE PUBLIC HEARING . shell g~ve w•~~~eR Ra~~ee a~ ~he p~el~e keaFiRgT fe} w~~hift 8~H~y feQ} eeye ~PaM ~he ee~e a~ ~he P~elie-~e8P~Rg, ~he b~~y PleRRiRg eRe 6aRiRg €amm~eeiaR ehell make vPi~~eR ~~R8~Rge •eeemmeR8~Rg ~e ~he b~~Y €a~Re~l ~he~ ~he p•epeeee pleA ee ei~he• eppPevee, eeRe~~ieRelly spp•evee aP eiseppPaveeT A eepy ei eeie i~R8iRge ehell ee •~•Rieke& ~e ~he eppl~eeR~T ffte €i~y €a~eil may Pe~~i•e e P~elie HeeP~Rg pr~e• ~e ~ke ~~Rel eppPaYel aF eieeppPavel e~ ~he pPapeeee Pl8RfteQ 9evelepMeR~T (3) WITHIN THIRTY (30) DAYS FROM THE DATE OF THE PUBLIC HEARING, THE CITY PLANNING AND ZONING COMMISSION SHALL MAKE WR ITTEN FINDINGS RECOMM ENDING TO THE CITY COUNCIL THAT THE PROPOSED PLAN IS EITHER APPROVED, CONDITIONAL LY APPROVED, OR DISAPPROVED. A COPY OF SAID FINDINGS SHALL BE FURNISHED TO THE APPLICANT. IF THE PLAN IS APPROVED OR CONDITIONALLY APPROVED, THE PLAN SHAL L 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 COMMISSION 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. THE CITY COUNCIL AT ITS DISCRETION MAY REQUIRE A PUBLIC HEARING PRIOR TO CONSIDERATION OF THE PROPOSED PLANNED DEVELOPMENT. SUCH HEARING SHALL BE SCHEDULED IN A TIMELY MANNER. Within thirty (30) days following the CITY COUNCIL 'S public hearing, if h ld, or within thirty (30) days following receipt of the Planning • I • • • • • • 6 Commission recommendation, if no hearing is held, the City Co un c i l sha ll 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 RESUMBIT THE CORRECTED PLAN. (4) Alt THE approved ai~e-ptafta-iar-Ptaftftee 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. (5) Any person applying to the courts for a review o f any d e isio n made under the terms of this Chapter shall DO SO appt1-i&r-Pe¥tew within thirty (30) days ai~eP 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 106 (a) (4) of the Colorado Rules of Civil Procedure. e . Standards. Before approving a Planned Development, the approving agency shall make written findings that the Planned Development will implement the purposes of this Ordinance and of this Chapter, and, in addition, meet the following requirements: (1) Uses Permitted. The ~sea USE in the Planned Developme a t mu s t be ~perai~~ee-&1-rish~~ A PERMITTED PRINCIPAL USE IN THE ZONE DISrRICT I N WHICH THE PLANNED DEVELOPMENT IS LOCATED OR A USE PERMITTED PURSUANT TO OTHER PROVISIONS OF THIS ORDINANCE INCLUDING ACTION OF THE BOARD JF ADJUSTMENT AND APPEALS.or-appP&¥ed-aa-~permi~~ee-&1-&peeiat-Pe¥iew~-iR-~he &aRe-9ia~rie~-iR-vhieh-~he-Ptaftftee-9e¥e~ap~R~-ia-taea~eT (2) The Planned Development is consistent with the intent of the Comprehensive Plan and the policies therein . • I • • - • ( • • • • (3) The Planned Development's relationship to its s urrounding shall be con sidered in o rd er to avoid adv e r se effe c t s tn th e exis t inR and pnsslhlc futu r e de velopment ca used by traffic ci r c ul a tion, building height o r bu lk , lack of screening, or intrusions of privacy. (4) 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 minimum usable open space requirements if ~he-6e.aissieft IT IS eeeermtftes DETE RMINED ~hat such areas will meet the foll owing requirements : (a) The area will be of sufficient size to adequately serve the entire development for which it is designed. (b) The area is accessible and available to all of the occupants ei-ewelltft~-~ftt~a for whose use it is intended. (c) The area vill-&e-~see-afte-ia SHALL BE suitable AND SHALL BE USED for seeftteT landscaping, AND recreational er-all-ei-the aEereaeft~teeee purposes. (5 ) The number of off-street parking spaces in the proposed develop- ment shall not be less than the requirements of Section ___ 1_6_._5 __ __ of this Ordinance, provided, however, that the CITY COUNCIL MAY, UPON THE RECOMMENDA- TION OF THE Planning and Zoning Commission , may waive up to and including twenty-five (25) percent of said requirements in any ~eftee ZONE district, if one or more of the following factors are found to exist: (a) The probable number of automobiles owned or used by occupants of AND VISITORSTO the proposed development will be less than typically fou nd in similar developments. (b) Tite parking needs of non-residential uses will lessen the overall parking needs of the development • • I • - • • 8 • • • {c) Va r ying t i me periods of usage by mi xed uses in the dev e l op - ment will lessen ove rall parking r equ iremen ts. {d) The prope rty owners wi ll par tici pat e in a me~datery parking district wh ich wi l l a de qu a t ely meet the off-street parking needs of the development. {6) Site Planning. The approving a~~~ey AGENCIES shall be satisf i ed that the site plan f o r the Planned Development meets a ll of t he followin g requirements : (a) ~-PlaaRee-9e.elep.eat-aHet-ee-pleaaee-ia-~latieaship-te ehe-sarreaftdia~-er~aT-eae-maet-ee-laaeeeepeeT--la-aeeitiea T t~-eit~-p l ea -RMet-~eateia-e-2§-~eet-ea~~~r-strip-ia-efty prepeeee-e~.elep.eat~hi~h-vill-ia~l~-.altipl~-~aaily-er Reft-~ei~atiel-eaileia~e-er-et.a~ear~e-vh~h-ie-ee;a~ent te-e-eia~l~-•aaily-~eieeaeial-a.e-eietrietT--the-e~i~r etrip-ehell-~-hept-iree-ei-eaileiase-er-etra~taree-eae -aaet ~-laaee~apeeT-eereea~ey-er-pre~t~e-ey-aetarel-~eetar es T ee-tftat-ae.e~-eiieete-ee-earreaaeifts-er~e-a~-•*aiaieeet IF TH E PROPOSED DEV ELOPMENT INCLUDES MULTIPLE FAMILY OR NONRESIDENTIAL BUILDINGS OR STRU CTURE S AND IT IS ADJACENT TO A SINGLE-FAMILY RESIDENTIAL USE DISTRICT, THE DEVELOPMENT MUST CONTAIN A BUFFER. IN ORDER TO MINIMIZf ANY ADVERSE EFFECTS ON THE ADJACENT SINGLE-FAMILY AREA, THE BUFFER SHALL BE A TWENTY-FIVE (25 ) FOOT LANDSCAPED AREA OR AN OPAQUE SIX FOOT (6') DECORATIVE FENCE. tb) Within the Planned Development, epa ~ia ~ SUFI'ICIENT SPACE must be provided between buildings and struttures, giving 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 nt; • I • - - 9 ( ( • • • • (c) If the a re a of the development is such t hat an interna l stree t c irculation system is nece ssa r y, such system shal l be des igned for the type of traffic THAT WILL ~e be ge ner ated, and all curbs at entrances a nd other access points shall have ramps to facilitate access for THE HANDICAPPED AND FOR All Planned Developments mu s t have access to public streets . Private, internal streets may be permitted if they ean-&e-~sea-&y-pel!ee-ane-iire eepar~men ~-¥eft!elea-ier-eme~eney-p~rpeaea COMPLY WITH CITY STANDARDS. (d) 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, parks, greenbelts a nd other facilities as necessary. Trail systems and walkwa ys through open space areas are encouraged as an alternate to pedestrian sidewalk requirements and may be used upon approval by the City providing the following criteria are met: (l ) The system provides at least the same level of service as would the applicable sidewalk requirement. (2 ) Easements or open ways are plotted and dedicated t o t h system. (3 ) Trails or walkways are either paved, treated or con s tructed f rom selected material to provide a suitable a ll-w th r surface that is easily maintained. The type of c on s truc tio n shall be compatible wiht the anticipated use. (4) A perpetual association or corporation or oth r auita bl means is established for .. intenance • • I • • - - 0 • 10 • • • 15) Pedestrian wa lkways and bicycle trails are no t c omb ined . (6) Wh e re the area considered fo r l'lnnned flcv c lopmcnL I s less than 5 acres, bicycle trails are not r equired. (e) The site plan shall provide for the maximum prese rvation o f natural drainage areas, vegetation and other desirable natural features. f . Development in Stages. The approving e~eftey AGENCIE S may authorize the implementation o f the development plan in stages. However, AT THE TIME OF CONSTRUCTION OF THE FIRST STAGE rer-eeeh-e•~her~ees-e~e~e o f planned development, any private or public perk-eree-~e-&e-eeft¥eye8T-8es~e~&T-er-reaer¥e8T RE CREATIONAL FACILITIE S REQUIRED BY THE DEVELOPMENT PLAN shall be ei-s~r~e~eft~-a~ee CONSTRUCTED to serve the dwelling unit density rer-~he~-a~e~e-er-ei-&Hii~e~eft~-e~ee-~e -ee rye ~he-aw~l~ft~-·~~-eefta~~Y f or the entire development. li-the-eeft¥eyefteeT dedte8~t8ft-8P-Pe&eP¥&lt8ft-ei-~he-pHel~e-er-pP~¥8~e-perk-eree-~&-8~8~edT &Heh-perk-eree-ahell-&e-leee~ee-~ft-~he~-per~-ei-~he-Pleftftee-9e¥elep~ft~ i n el ~eed-tft-~e~-a~e~eT-er-elsewhere-~ft-~he-Pleftfte4-Be¥elep~ft~-•~-e-leee~ie n eeeeea~&le-~e-~he-ewellin~-Hft~~-~e-&e-pre¥iee4-iR-~he~-e~e~eT g . Ch ang es in th e Development Plan. Except as provided hereafter, no changes may be made in the approv ed Planned Development during its implementation: (1) Minor changes in the location, ae~~~ft~T-he~~h~-er-ehere~er of buildings and structures may be authorized by the Director o f Community Development if required by engineering or other circumstances not foreseen at the time the development program was approved. No change authorized by th Director of Community Development under this Section may increas e th e e~e DENSITY of &fty-~ileia~-er-s~r•ee.re-ey-.ere-~eft-i~-{§7-pereeft~ THE DEVELOPMENT, nor c hange the location of any building or atructur by mor e than • I • - { • ( • • • • 11 ~e8-fl97-fee~-ie-~ey-eiree~ieft~ IS NECESSARY TO CORRECT THE ENGINEERING OR RELATED PROBLEMS; and provided that the Director of Co mmunity Development may not approve the relocation of any building or structure so that the building or structure is closer to any side or front property line than was approved on the Development Plan. (2) All other changes in the Planned Development Plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a Planned Development. h. Afte~al ReYiew REVIEW FOR CONFORMANCE. ~~-leaa~-eftee-every-~elve-fl27-meB~ftST The Department of Community DevP.lopment shall review all building permits which have been issued for the Planned Development and shall examine the construction which has taken place on the site TO INSURE CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN . tfte-B~ree~er-ei-s~~~y-9evele,_eft~-8ftall-aeke-a-reper~-ei-aBy-Yiela~iees ei-~-pre.~aieea-ei-~hia-Sftap~r-er-ei-~he-~eraa-afte-eeeei~ieae-ei-~he 9e¥elep.ee~-PlaB-appreval-~e-~he-Plaeeie~-6e.aiasieBy-&Be-~he-Ge..teeiee skall-kele-a-heerie~-e~-~he-reper~-ei-viele£iees-e~e.ie£ee-&y-£he-~iree£erT kavi~-iir~-~i¥eB-¥Pi~~ee-ee~iee-~e-~he-PlaBBee-BeYelepaee£-epplieee£-aee ell-ewftere-ei-a&~~~ie~-preper~yT--HpeB-re¥iev-ei-£he-alle~ee-Yiela£ieesT ehe-6e .. iaaiee-.. yy-ii-i~-eeeae-eeeeeearyT-Pe~~ire-~ha~-appreprie~e-ee£iee &e-~ekee-~e-reaeey-~he-viela~ieeeT --Ii-e~eh-ee~iee-ie-ee~-~ekee-8y-£he epplieee~-wiPhie-~hir~y-f~97-eayeT-er-ii-~he-6e .. ieeiee-ee£eraieee-£ha£-i~ ie-eeee aaary -~e-aaeee -er-•eeiiy-~he-Be¥elepaee~-PlaBy-~he-6e..teeiee-aay aaeeey-aeeiiy-er-reveke-~he-appr&¥al-ei-~he-9e¥elepaeB£-Plae-~iYiB~-wri££ee iieei e~e-ehereiePT IF THE CONSTRUCTION IS NOT IN CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN, A STOP WORK ORDER SHALL BE PLACED ON ALL CONSTRUCTION UNTIL SUCH TIME AS THE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN WITHIN THIRTY (30) DAYS, • () I • - • • • • • 12 THE DEPARTMENT SHALL REPORT THE VIOLATION AND THE TERMS AND CONDITIONS OF THE APPROVED DEVf.LOPMENT PLAN TO THE PLANNING COMMISSION. THE COMMISSlON SHALL GIVE WRITTLN 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 TH E ALLEGED VIOLATIONS, THE COMMISSION MAY, IF IT DEEMS NECESSARY, REQUIRE THAT APPROPRIATE ACTION BE TAKEN TO REMEDY THE VIOLATIONS. THE COMMISSION MAY APPROVE SUCH AMENDMENTS AND MODIFY THE APPROVED DEVELOPMENT PLAN. IF 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. i. ANNUAL REVIEW. IF APPLICATION FOR BUILDING PERMITS HAS NOT BEEN MAD!: WITHIN TWO (2) YEARS OF PLANNED DEVELOPMENT APPROVAL, THE APPLICANT SHALL li E NOTIFIED IN WRITING AND REQUESTED TO GIVE CAUSE WHY THE PLANNED DEVELO~!ENT APPROVAL SHALL NOT BE WITHDRAWN BY THE CITY PLANNING COMMISSION. IF THE OWNER DOES NOT RES'OND WITHIN SIXTY (60) DAYS, THE CITY PLANNING COMMISSION MAY WITHDRA I THE PLANNED DEVELOPMENT APPROVAL, THE APPROVED DEVELOPMENT PLAN SHALL B~ DECLARED NULL AND VOID BY THE PLANNING COMMISSION AND WRITTEN NOTICE SHALL BE GIVEN TO THE PROPERTY OWNER. ANY SUBSEQUENT PLANNED DEVELOP- MENT SII\LL COMPLY WITH THE PROCRDURE SET FORTH ABOVE. j. Completion of the Planned Development. Upon the completion of the Planned Development, the Director of Cooun mity Development shall issue a certificate for the Planned Developnent certifying the completion and shall note the issuance of the certifi :ate on an office copy of the official Zoning Map anc on the Site Plan. \fter completion, the use of land and the construction, modification, or alteration of any buildings within the Planned Development will be gov rn d by the dpproved Development Plan • • ) I • • • • • • 13 k. Fee. The City Council may establish a fee schedule for Planned Development applications to cover the costs of processing and review. 1. Approvin!l Agency. As used in this Chapter, "Approving Agency" shall mean the City P'i:ttftft!:rtg aftd-~~ft~-G~eeieft COUNCIL ACTING AFTER HAVING REVIEWED THE RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. ~ ~ {)£4iallaoe ~ U-. ~.. Qi 1~~2.+ fAa --a.4 D)' OUiaaaaa We. 1~.,. ie~MII ~' 1~1+ DEFINITION OF DENSITY AVERAGING. DENSITY AVERAGING IS THAT PROCESS UNDER WHICH COMMON 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: 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 replaces "Ti tl e 22" of t .1e 1962 Englewood Municipal Cod e . • I • • coo a 060() 0006 oooa • • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES & OVER & UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY -I ,000 DWELLING UNITS PL U ::, 0 -5 ACJ(E-l'A.RCbL : DEVEl-OPE.~ AT A l>E.NSITY OF r DWELLINC.. UI\IIT5 "Pe.R .o.eRe. =- ~s DWE-LLING uN tT5 L.SA'(tNG 1~5" l:>WELL/NG ~1r5 ~E~R!'IE D 00 -5 AC.RE. PA.~CEL : PE.VELOP&D AT A 't>E~~~T~I O F /{ 'DWE.LL...ING Ul-lrT~ l='ER A<!PI:E -:: (0 DWELLING. t.>N.l~ LEAVtNG 1~0 't>WELLING UNf~ RE'5E~I/E:( ooo oouo -1'5 A CR.~ 'PAll.C.E.L : tlE'IELOP'EO ll>.T A t>~1r( OF 40 l>'NE.Lt.../N6 Ut-lt~ Pe..lil A.C'RL: f.:,oo 't::>INe.L...L...INC:o U N l1"'5 Z "l S' D INE.LL..I~Go UNir~ ~E~E..~VE.D F RJ:lM. THE. 2. 1'1-.lf. AellE. ~ll r(oNS OF T .. f.:: I E. IO,.A L a.: ffi5 J)WE.LL/N6 V NI~ 11\LL..C~E.D DEVELOPED UNDER R-3 ZONING Z5Aclll • PA.~C.t!.L D€NSITY : .ct 0 'DW f!LLi l-J G VN IT P~" ACR:E.. IF DEVI!:LO'P£D C.00LD 1-iAV£ 11000 't:::>WE.LL-tNG UNr~ . • I . • - • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJ USTME NT AND APPEALS MARCH 14, 1984 The regular meeting of the Board of Adjustment and Appea ls began at 7 :30 p.m. MEMBERS PRESENT: MEMBERS ABSENT : ALSO PRESENT: Seymour, Brown, Dawson, Fish, Ferguson, Gage. Hallagin . Dorothy A. Romans, Staff Advisor Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Gage called the meeting to order and stated that with six members present, f ive votes would be required to grant a variance. BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF THE MEETING OF FEBRUARY 8, 1984 BE APPROVED AS WRITTEN. Board Member Dawson seconded the motion. All six members voted in the affirma tive and the Chairman declared that the Minutes of February 8, 1984 were APPROVED as written. * * * * * BOARD MEMBER BRO~~ MOVED THAT THE FINDINGS OF FACT IN CASE NO. 4-84 8E APPROVED AS WRITTEN. Board ~ember Ferguson seconded the motion. All six members voted in the affirmative and the Chairman declared that the Findings of Fact in Case 4-84 were APPROVED as wrjtten. * * * * Chairman Gage opened the Public Hearing on Case No. 5-84, and asked 5 A - that the Staff identify the request, and that the applicant C)me forward. Mr. Yenglin stated that the applicant is requestinG a reduction in the minimum required front yard from 25 feet to 15 feet and in the minimum required sideyard from five feet to approximately one foot to continue the us of six decks. These are variances from the Comprehensive Zoning Ordinance, Section 22.4-5 k -Minimum Front Yard and Section 22.4-5 1 (2) -Minimum Side Yard • • I • • • Hinutes Page 2 • • - The applicant, Calvin W. Thompson, 23295 Oehlmann Park Road , Conift!r, <:am, forward and was sworn in. He stated that his properties at 3527 thr ough 3535 South Corona Street have changed hands three times since they were bu ilt in 1983 . Three of the units were unfinished when he bought t he units in December, of 1983, and when he called for a final inspec tion after comple tion . Gene Macrander, Ch ief Building Inspector, ins pected the ' "it and he stated that the decks were not permitted. Mr . Thompso n said that the decks were in place when he bought the properties, and he wa s una ... are th at the plans called for concrete pads. The decks in the front yard require a variance because they reduce the r quired front yard s etback from 25 feet to 15 feet . These decks are ft:om 30 to 3 i ncht!" high, and are e nclosed by h and rails and have steps going t o the g r oun d. On the s ides of the building there a re four decks. On the sou th side the seth.« h from the property line to the edge of the decks is 12 inches. On the north sfJp the setback is 24 inches. The decks on the rear or west units are also JO tn 34 inches high, and the setbacks are 14 inches on the south side and 24 inches on the north side. A small deck has been added to the center unit in the rear; there was no concrete pad indicated there originally . Due to the hei s ht of the decks, all of them have two or three steps down t o the ground level. If the decks are required to be removed, steps will still be required from the doors of the units, and these steps will encroach int o th e required setbacks. Mr. Thompson said that he had discussed the matter with the neighbor s , and there were two objections. The neighbor on the south said that his clothe s- line is close to the property line; and this could be an embarrassment t o people sitting on the patio, as well as to the neighbor. The neighbor on the north s ide said that he has a dog who could bite someone on the deck. Mr. Tho ~ph on said that he would like to solve these problems by c losing in th Je~ks to a height of five feet. Mr. S v mou r asked if the railings would be repl aced with a wal l. Mr. Th ompson said that he would like to add something to the railing s to make them compatiblt! with th side decks. Mr. Seymour s tated that the decks did not fit with t h rest of the building, in his opinion. Mr. Gage disagreed. Mr. Fergu .. on asked wh o had c han ged the decks from concrete pad s . Mr. 1110mp"''n said h did not know wh o had mad the change. tlr . Ferguson ask d if seer" rc counted with regard to setbacks. Mrs. Romans said that steps could en roach into~ the se tback to a tot al of twenty square fe t. Mr. Brown asked Mr. Thompson if he was aware that the City Engineer 's office states that there is a drainag problem . Hr . Thompson said that he is not aware of a drainage problem, but would take care of any thing necessary. Mr. Brown said that the City Engineer would not issue a Certificate of Occupancy until the drainage problem i s ~orrecteJ. This o rrectio n may or may not affect the de ks. Mr. Thompson said th <tt h would correct the problem. Mr. Fish asked where the privacy fences would be. Mr. Thompson said the y would be around each deck, except where the steps are. Mr. Seymour asked if Mr. Thompson had discussed the guard r il with the Building Division. Mr. Thomps n aid th t he had. 1he Chairman asked if th r w r any other speakers in favor of granting the v riance. John Torke, 4321 West Lak Circle. Littl ton, came forward and w h • I • • • • • Minutes Page 3 sworn in. He stated that he is a Real Estate Broker, and was involved in the transaction with Mr. Thompson. The property went through a quit-claim deed, and went to a local lender who arranged for Mr. Thompson to take po ssession of the property. The original plan included concrete slabs. The Building Department did approve the pads, and someone later built the decks. He stated that Mr. Thompson would meet City requirements. Mr. Torke said that he had not known about the drainage problem. He said that they were planning to use the structure of the existing decks to make walls around the exterior side of the decks. Mr. Seymour asked how Mr. Torke is connected with Mr. Thompson. Mr. T rke said that he is responsible to Mr. Thompson. The Chairman asked if there were any other speakers in favor of the variance. John Moore, 3539 South Corona, came forward and was sworn in. He said that he would prefer the privacy fences to concrete slabs. He would lose his privacy and rosebushes if the owner built concrete slabs. Mr. Ferguson asked if Mr. Moore was one of the neighbors who had opposed the variance. Mr. Moore said that he did not actually oppose the variance, but was concerned that his privacy would be lost with the concrete slabs. Mr. Ferguson asked if Mr. Moore understood that there will be the same number of people next door to him regardless of whether or not there was a deck. Mr. Moore said he did understand. There were no further speakers in favor of or in opposition t o the varia nce. The applicant had no further statements. The Chairman asked that the Staf f Report be made part of the record, and asked if the Staff wished to make additional comments. Mrs. Romans said that the Staff appreciates that Mr. Thompson is trying to make the best of a bad situation, the circumstances of which were not of his doing. The Building Division was called in to make a final inspection, and discovered the problem, and the Staff appreciate s Mr. Thompson's cooperat ion since that time. Thomps on would contact Rick Kahm, in the Engineering Department, he wi ll be advised on how to solve the drainage problem which wi ll have to be corrected before a Certificate of Occupancy can be issued. Mr. Fish asked if the wal l was to be part of the variance. Mr. Gage stated Mr. Thompson said he would build the wall as a favor to the neighbors. Mr. Seymour said that the wa ll could be put in the motion as a condition. The Chairman closed the public hearing for Case No. 5-84. BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED FOR PROPERTY IDENTIFIED AS 3527 , 3529, 3531, 3533 AND 3535 SOUTH CO RONA STREET, PERMITTING A REDUCTION l~ THE MINIMUM REQUIRED FRONT YARD FROM 25 FEET TO 15 FEET AND IN THE MINIMUM REQUIR ED SIDEYARD FROM FIVE FEET TO APPROXIMATELY ONE FOOT TO CONTINUE THE USE OF SIX DECKS. THE OWNER MUST ERECT FIVE FOOT PRIVACY WALLS AROUND THE SOUTH SIDE OF THE SOUTH DECKS AND THE NORTH SIDES OF THE NORTH DECKS. Board Member Brown ~cond~d th~ motion. Upon a vote, all six members present voted in the affirmative, and the Chairman rul d that the motion was GRANTED. Th members gave their findings as follows: • I • • Minu t es Page 4 • • • Mr. Se ymo u r stated tha t there was no opposition , the problem was not o f ~ •. Th omp s o n's ma k i n&, a nd t h e a pplicant was doing the bes t he could to improv e the situ ation. Mr. Br own vo ted "y es" be c au s e there was a hard s h ip no t caused by t he app I i.·an the r e was no op po sitio n, a n d the ap plica n t me t t he six t·onditlon s requir ed ior a variance. Mrs . Da wson st a ted tha t Mr . Thompson did not c au s e the p r ob lem . He is trying t o ma ke the s i t uatio n better . The drainag e pro b l e m will h ave to be corrected . Mr . Fish stated that Mr. Thomp son did not cause the pro b l em , and th is varian ce seems to be the best approach t o solving the probl em. Mr . Ferg uso n v o ted "yes" because Mr. Thompson complied with the s i x r equirement ;, f o r a va r i a nce. It wo n't substantially damage the area o r alter t h e character of the distric t . The problem wasn't c reated by the applicant, and the varianc~ won 't weaken the general purpose of the Ordinance . Mr. Ga ge vot e d "y e s " because he f e l t tha t Mr. Th omp s on had a ha rd ship . He said that he con c ur r e d with the res t of the Bo ard. The Chairman i n structed the applicant t o contact the Building Divisi on for permit s. * * * * * The Chairman op ened the Public Hearing fo r Ca se No . 6-84, 3956 South Fox St reet, and s tated tha t he had proof of posting and public ation. He asked that the St aff identify the request. Mr. Yen g lin st a ted that the applic ant is r equestin14 a re d ucti o n in the minimum f ront yard se t bac k req uirement f r om 25 f eet t o 0 (zer ,•l fee i n o rd e r -o construc t a carpo rt over the driveway . Thi s is a v a ri ance from t he Comprehensive Zo ning Ordinanc e, Sec tion 22 .4-4 h (2) (a) -Minimu m Fr ont Yard. Th Chai r ma n a,;ke d the a pp l i c ant t o come fo rw a r d. Ro ber t 0 . Me d lock , 3956 South Fox Str eet , came fo rw a rd and was s wo rn in. He stated that there are sev rdl house on the •!ast side of So ut h Fo x Street with d r iveways that are lower than the level on wtich t he h ouses a r e built. These d r i v e ways are on the level of the street. H• asked that he be per mitted to put a cover over th drivewa y, from the edge ·•f the property to the house. This will encroach into the trent ya rd s tba ck. Mr. Ferguson a•ked if Mr. Medlock had applied for building p rmit. Mr. Iedi n said that he h .sd decided to ask for a variance first. He said that he unden.t.l,,d., that he will h1v to meet the building codes. Mr. Ferguson s.lid that the side walls did not look strong to him, and that th building dep rtment will req u i r ed t hem t o meet th Code . Mr. Brown stat d thut the 1982 Uniform Building Code will have to b met, and ask d what mat ri ls will be used t ·> build thi carpor t . Mr . M dlock s id h would use 2 x 6 stud t; the walls that lead into th hou , with plywood and shingles qu Th••r will not b a door. Mrs. Dawson asked h high th c rport Mr. M dlo k said i t wo u ld be a bo u t 6'1 £ t high. Th r w r no funlt , no in favo r of th r qu at . Th re w r no pposin Th Chairaan ask d th t th St ff Report be mad part of th r ur~. if t 1 Staff had furth r commenta to mak • The St ff h d no co nt , • • I • Mi nutes Page 5 • • • Mr. Seymour asked if 3940 South Fox obtained a var ian ce for covering t he the driveway. Mrs. Romans said City records do not re fl e c t .that one wa s obtained . BOARD MEMBER DAWSON MOVED THAT ROBERT 0. MEDLOCK OF 3956 SOUTH FOX STRE ET, BE GRANTED A VARIANCE PERMITTING THE REDUCTIO N I N THE MIN IMUM FRO NT YARD SETBACK REQUIREMENT FROM 25 FEET TO ZERO FEET IN ORDER TO CONSTRU CT A CARPORT OVER THE DRIVEWAY. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZO NING ORDINANCE, SECTION 22.4-4 h (2) (a) -MINIMUM FRONT YARD. Board Member Ferguson seconded the motion. Upon a vote, all six members present voted in the affirmative, and the Ch ai r man ruled that the variance was GRANTED. The members gave their findings as follows : Mr. Seymour stated that there were no objections, there was a hardship, and the applicant met the six conditions. Mr. Brown voted "yes" bec ause s he l ter i s needed fo r the car, a nd this will not take away from the appearance o f the nei ghborhoo d . Mrs. Dawson stated that thia carport would help with snow remova l . This neighborhood is unique i n its varying site elevation s. Mr. Fish said that the problem was unique, and the appl i cant met t he r e quire me nts f or g ranting a variance. Mr . Ferguson stated that the app licant met the six conditions , and the carport will improve the area. Mr . Ga ge stated that t he a pplicant me t the six c o ndit i ons, and t h e applicant has a hardsh ip wi th t he pre sen t d r i veway . The Chair ma n instruc ted the applicant t o obtain a building permit f rom the Building Division . * * * * * The Chairman opened the Public Hearing on Case No. 7-84 for prope -ty located at 4826 South Lincoln Street, and asked that the Staff identify the request . Mr. Yenglin stated that the applicants are requesting a reduction in the minimum rear yard from 25 feet to 10 feet and an increase in the maximum lot coverage from 30% to approximately 32% in order to construct an aoditional dwelling unit. In addition, it is the opinion of the Planning Di v ision staff that the two units would not have a common party wall as defined ty Ordinance No. 38-75 ,* or a common roof as required by t he Comprehensiv e Zoning Ordinance; *Party Wall. A common or shared structural separation between abutting dwelling, busint s s or industrial units or buildings, which may be centered on one building lot or between abutting dwelling, business or industrial units or buildings on either side of a lot lin ; th main purpose of which ia to act as a support for the building and as a posi- tive fire separation b tween the contiguous dwelling units or buildings • • I • • ~1inutes Page 6 • • • and the Staff has included rhis reference as a p o int of consideration . Tl11" is a variance from the Comprehensive Zoning Ordinance, Sect i on 22.4-5 b (2; - Permitted Principal Uses; Section 22.4 -5 e -Maximum Percentage of Lo t Co ve rage and Section 22.4-5 m -Minimum Rear Ya rd . The Chai rman stated that he had proof of posting and publication, and asked that the applicants come forward. Steven and Elaine Cherkezov, 4826 South Lincoln Street, came forward and were sworn in for testimony. Mr. Cherk ezov s tated that they need a variance in order to put the proposed addition nn Ill(• property and get the most use out of the property and garden. She said that they co nsider the proposed wall t o be a common wa ll . To move the addition closer in order to have a common wall, as defined by the City, would destroy beautiful windows which are on the back of the existing house . There is a part of the addition on the second story that would be a tta ched to the existing house. Mr. Cherkezov stated that they would be removing the shed whi ch is at the back of the house close to the alley. Mrs. Cherkezov said that her mother would be living in the addition. The neighbors to the south have a two-story building directly on t he alley which, she said , in her opinion, is very ugly . Mr. Brown asked if the new building will replace the storage which the shed provides . Mrs. Cherkezov said they would be putting a basement in the new addition for storage. Mr. Brown asked if a fire wall would be necessary with a breezeway. Mrs. Romans said that one of the requirements of the R-2 district is th at there be a common wall whi ch is used for s upport. ,, co nnection wil '1 a breezeway or garage is not within the intent of the Ordinance. Mr. Gage stated that on the second level there is a four foot wall which is attached. Mr s. Romans stated that this is not a supporting wall. There have bee ~ se veral cases where a garage has been built on the back of the lot, and a breezewa y is added to make a duplex. This is not the intent of the Ordinane e. Mr. Brown said that if the· two do not touch, he sees no use for a fire wal l . Mrs. Romans said that is t he point, there are not supposed to be two separate units; there 'ln be only " duplex in the R-2 zone. Mr. Brown asked if they would have to 'la ve a firewall if there were no breezeway. Mr. Gage said the y would. Mr. Brown askel how the back side of the house could be preserved. Mrs. Homan~ said that this is the hardship. A further addition wa s not planned wh n the wind ws w re put in. Mr. Gag e asked about the lot coverage. Mr. Yenglin said th a t if th ad lit ion is built , the applicants will be 2% over the present requ i 1, ment for maximJm lot cover e. Mrs. Romans said that this coverage woul d be acceptable und~r the proposed new ord inance. Mr. Fergu on lid that ometimes a change in building requires a diff re nt dt.• 11•n. The zoning req tir s one buildin , not two buildings. The hardship may h v be£·n caused by th lpplicants. Th tback requirement would almost be met if th new ddition wer moved against th existing hous • The only problem is th applicants ' d 1ire to k p th windows on the back of the existing hou Mrs. Cherk zov sald that a great deal of thought went into th pl n the best d sip 1 that they could co up with, and this em a v ry to build th aJd ition. • Thf ffi i nt w.1 y I • • • Minute s Page 7 • • • She said t here are o t h er b u i lding sites wi t h two separa te dwelling uni t s in the neighborhood. Mr. Cherkezov said that i f t hey mov e t he addition c loser to the existing house, it will cover 50 % of the rear o f the house . Mrs. Cherkezov said that this house will be built wel l and wi l l be g ood for the neighborhood. Mr. Brown said that their remodeling was an excellent j ob . The neighborhood could be proud of any project which the Cherkezovs do. Mr. Ferguson said that the sewer would have to be moved. Mr s . Cherkezov said the realize that. Mr. Fish asked if the Board has the authority to grant a variance to this p ar ty wall. Mrs. Romans said that the Board does have that authority. Mr. Gage said that these units would be attached. Mrs. Cherkezov said t h at in addition to the attachment with the breezeway, the second story would be a ttached to the existing house, and resting on the back wall of it. There were no further questions. Th ere were no f urther speakers in favor of the variance . There were no speaker s i n opposit i on ot the variance. The Chairman included the Sta ff Report i n th e rec ord, and asked i f the Staff had any additional comments. Mrs. Romans said that the Planning Division does not believe that the pro posal complies with the Zoning Ordinance sufficiently that Staff could approve a building I) permit without consulting the Board. The Chairman closed the Public Hearing on Case No . 7-84. BOARD MEMBER BROWN MOVED THAT STEVEN AND ELA IN E CHERKEZOV BE GRANTED A VARIANCE FOR PRO PERTY AT 4826 SOUTH LINCOLN STREET PERMITTING A REDUCTION IN THE MINIMUM REAR YARD FROM 25 FEET TO 10 FEET AND AN I NCREASE I N THE MAXIMUM LOT COV ERAGE FROM 30 % TO APPROXIMATELY 32 % I N ORDER TO CONSTRUCT AN ADDIT I ONAL DWELLING UNIT . THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTIO N 22.4-5 b (2) - PERMITTED PRI NCI PAL USE S; SECTION 22.4-5 m-MI NIMUM REAR YARD AND SE CTION 22 .4-5 e -MAXIMUM PERCENTAGE OF LOT COVERAG E. Board Memb er Se ymour s e conded t he motion. Discussion followed. Upon a vote, all six members present voted in the affirmative and the Chairman ruled that the motion was PASSED. The members gave their find i ngs as follows: Mr. Seymour s t ated that the own e r s had a hardship , and the addition will be an asset to t he neighbor hood. Mr. Brown voted "yes" because there was a hardship , and the six general conditions were met. This addition will improve the neighborhood . Mrs. Dawson voted "yea" b ecause there was a hard ship due to the design of the house. Mr. Fish said there was a hardship d ue to the design of the east windows. The • I • • • Minutes Page 8 .. • • - problem cannot be resolved in a ny o ther manner. Based on the o th e r s t nl<:t ••reb in the block, this would be a good addition for the neig hb o r hood . ~lr. Ferguson sa id that the buildinR will be comp atible with the a re a , and wil J improve the area. lt will not weaken the Ord.i nan cc . There was a !Ja rdsld p . Mr. Gag e voted "yes" because there was a hard s hi p , and the app licant s me t the six condition f required for a variance. The Chai rman instructed the applicants t o contact the Building Division fo r permits . The Cha irman declared a five minute break at 9:05 p.m. * * * * * Th me tin re convened at 9:10p.m. with the same members and personnel present . The Cha irman o pened the Public Hearing on Case No . 8-84 for property located at 4557 South Acoma Street, owned by William A. Pflaeging . No posting is required on this reque 6 t. The Chairman asked that th e Staff identify the request. Mr. Yengl in stated that the applicant is appealing a pro vision in the Minimu m Ho using Code regarding ceiling height. Section 7-4-2 of the Code requires t hat a habitable area have a minimum ceiling height of seven feet. The appli cant is requesting a ceiling height of approximately 6 feet, 6 inches, in order t o rent the basement of this structure for a dwelling unit. The Chairman asked the applicant to come forward. Michael A. Clo sser, 1175 B Bear Mountain Drive, Boulder, CO came forwar d and was sworn in. Mr. Closser stated that Bill Pflaeging purchased this prop rt y last fall. He is elderly and has since been diagnosed as having lung cance r , and Mr. Closser has a lease with option to buy this property. A realtor c he ckeJ th a t the R-2 zoning does permit a duplex in this area; but apparently did not ch e ck specific requirements. The second unit was present in the basement. There was a n appraisal, and no problems were noticed. An attorney also checked nd told Mr. Closser that a duplex is permitted in the area. Mr. Closser obta in d h is op t ion , and spent $600 fixing the downstairs unit. The Chief Building I nspector then came in and c ited many violations of Building Codes, and recommc•n..kd that the downstairs unit be va ca ted or be brought up to Code. One of th violations, th e ceiling height, could not be brought up to Code. The h i Rht of the downstairs unit is from 6 inches to 2~ inches short of the required 7 foo t c eiling height. Mr. Closser said th a t this unit provides needed housing in Englewood. 1her wer~ 60 ca lls in response to his ad for rental of the property at $350 -$400 a month. The b asement unit was finis hed from 4 to 10 years be fore and the c i llng ~ea rns do not permit the raising of the ceiling height. He has mo nthly paym ntb o f $800, and will have fi nan cial problems if he cannot rent two separate unit s . The area is z ~n ed R-2, which does permit duplexes, and there are other duple xes in the area. He contacted the neighbors to the north a nd south, and they had no o bjections. Mr. CJos r st1ted that only this w ek he was told about th light nd v ntllntl on problems . In rcs pons to the Building Department's comme nt th t there wa s no si d walk to th _ entranc of the b ement unit, Mr. Closer id that th r r • stepping tone s. He said that there appear to b more and mor problems with thi house. He said that he do a not feel that h c an try to withdraw from th lease due to Mr. Pfl eging'a h alth; although h would not hav enter d • I • • ( ( • Minutes Page 9 • • • into the contract i f he had known all the p r oblems. Mr. Seymour a sked about the fire exits. Gene Macrander, Chief Building Inspector stated that the current fire exit regul ations could not be e nforced on this property because this is an existing buil ding, and a legal use. Mr. Closser stated that he does not want to endanger with the Building Department to provide fire exits. the windows need to be a maximum 44 inches above the of 18 inches is too small. life, and cou ld wo r k Mr. Macrander said that fl oor. The present opening Mr. Gage asked how many windows would have to be changed. Mr. Ma crander said that t here should be an exit window in the sleeping unit. Gene Macrander, 3900 South Jason, the Chief Buil ding Inspector of Englewood , was sworn in for testimony . Mr. Macrander said that the Uni fo rm Building Co de requi res that 10 % of the area be in windows for ventila tion and light. The Co de would require a smoke alarm if there is over $1000 worth of wor k , or any wor k affecting a bedroom. Mr. Ferguson asked i f the Board would have to include an e xit window if i t were desired. Mr. Macrander said the Board would have to require it, as he does not have the authority to require an exit window. Mr. Ferguson asked if the unit had been rented before. Mr. Closser said that the neighbors said that it had been rented as all one unit, but not, as far a s he knew, with the basement as a separate unit. There is access f rom the f irst floor to the basement, although there are locks preventing the renters from e n tering the other unit. Mr. Brown asked about the parking situation. Mr. Closser said that there is a garage, a 75 foot driveway, and there could be two spaces in the back. Th ere we re no further questions. There were no further speakers in favor of or in oppos ition to the variance. The Staff Report wa s made a part of the Record, and the Staff had no additional comments. BOARD MEMBER FERGUSON MOVED THAT AN APPEAL BE GRANTED FOR PROPERTY LOCATED AT 4557 SOUTH ACOMA STREET , FROM A PROVISION IN THE MINIMIMUM HOUSING CODE REGARDING CEILING HEIGHT. SECTION 7-4-2 OF THE CODE REQUIRES THAT A HABITABL E AREA HAVE A MINIMUM CEILING HEIGHT OF SEVEN FEET. THE APPLICANT IS REQUESTIN G A CEILING HEIGHT OF APPROXIMATELY 6 FEET , 6 INCHES, IN ORDER TO RE~7 THE BASEM ENT OF THIS STRUCTURE FOR A DWELLING UNIT. THE APPLICANT MUST INCLUDE A FIRE EXIT IN THE SLEEPING ROOM , WHICH MUST BE INSPECTED AND PASSED BY THE BUILDI NG DEPARTMENT. Board Member Fish seconded the motion. Discussion followed. Upon a vote one memb r (Mr. Ferguson) voted in favor of the appeal, and five members voted in opposition. The Chairman ruled that the appeal was DENIED. Th members gave their findings as follows: Mr. Seymour said that a ~ foot ceiling is not adequate, and the unit wou ld present health and safety problems to the occupants • • I • • - • • Hinutes Page 10 • • • Mr. Brown stated that he realizes there is a hardship , but t he Codes wo u d be endangered and safety requirements for occupants would no t be met. ~1rs . Dn wson agreed that there was a hnrdship, but th ere were t oo man y thin,;s wrong with the unit whi ch could no t be corrected . Mr. Fish voted against the appeal, because granting it would wea ken the Ordinance. Mr. Ferguson vo ted "yes" because the hardship was there, and lt was not ~rcated by the applicant. The variance would not alter the character of the nei gh borhood, which permits duplexes; it would not weaken the Ordinance or injure adj o i ning proper ties . Mr. Gage stated that be concurred with the other members wh o voted a gainst the appeal. * * * * * DIRECTOR 'S CHOICE . Hrs . Romans reminded the Board of the Open Ho use on Tue sday , the 2 7th of March. This wil l acquaint the Board with group homes. The sponsors of the gr oup home at 32 00 So uth Sherman are beginning the program at the Board Room at Porter Memorial Hospital where the program will be explained, and then there wi ll be a tour of the home itself. It is an opportunity to meet people wh o are' try ing to help people who have emotional problems return to the community an d lead productive lives. The Secretary will call to find who can attend. Mrs. Romans said that she had consu l ted her notes on the meeting with Mr. DeWitt. He ~ai d that Board members should preserve objectivity . They c an pass by the pro per t y , but should not discuss a case with the ap p licant o r neighbors. If the y need mor e information or need pic tures, the matter should be tabled until the next meeting , and they can ask to look at it again . The Board should treat everything in a judicial manner. A variance is not a popularity contest, and undue weigh t should not be given t o the opinions of neighbors . * * * * * BOARD 'S CHOICE. Mr. Gag e announced that Mr. Seymour would be leaving for Japan, and would be go ne until the 22nd of April. The meeting adjo urned at 10:05 p.m. Sheryl Rousse s, Re cording Secretary • I • • ( • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 3 , 1984 I. CALL TO ORDER. 5 The regular meeting of the City Planning and Zoning Commission was called to order by Vice-Chairman Marjorie L. Becker at 7:00 P. M. Members present: Venard, Barbre, Becker, Carson, Magnuson, Stoel, Tanguma Romans, Assistant Director of Community Development Members absent: Allen, McBrayer Also present: Senior Planner Susan T . King II. APPROVAL OF MINUTES. March 20, 1984 Mrs. Becker stated that the Minutes of March 20, 1984 were to be considered for approval. Carson moved: Stoel seconded: The Minutes of March 20, 1984, be approved as written. AYES: Barbre, Becker, Carson, Magnuson, Stoel, Tanguma, Venard NAYS: None ABSENT: Allen, McBrayer The motion carried. III. COMPREHENSIVE ZONING ORDINANCE §22.4-14 Planned Development Mrs. Becker asked for a motion to open the Public Hearing. Tanguma moved: CASE 111 6-84 Carson seconded: The Public Hearing on Case #16-84 be opened. AYES: Barbre, Becker, Carson, Magnuson, Stoel, Tanguma, Venard NAYS: None ABSENT: Allen, McBrayer The motion carried. Mrs. Becker stated that notice of the Public Hearing was published in the Englewood Sentinel on March 14, 1984. Mr. Becker stated that there was no one present in the audience to address the Commission. Mrs. Becker stat d that the Commission members have had the staff report regarding the proposed amendments to the Planned Develop- ment District for review for several days; she asked if there were questions of the staff regarding the proposed amendments • • I • • - • • • - -2- Mrs. Becker asked for clarification on Page 8, (f)(l), and asked if this meant that if the developer chose to provide the decorative fence, c ould he build t o within five feet o f the property line. Mrs. Roman s stated that one of t he pu r poses of a Planned Development is to allow for flexi- bility in setbacks , and the setback would be determined by th e Develo.p- ment Plan. Mr. Venard questioned the wo rding of the last sentence in (f)(l) on Pag 8, and sugges t ed that perhaps a "screened" decorative fence was redundant. Mrs. Romans suggested that the word "screened" could be eliminated. Mrs. Becker questioned Page 9 (3) regarding an internal street system on Planned Developments. She suggested that the wording be changed t o state that Private , internal streets may 9e ~erm!~~ee !£ ~hey MUST comply with City Standards. Discussion ensued. Mr. Stoel suggested that the wording remain as proposed by staff so that a developer can determine just by reading this section that an internal street system is allowed. Further discussion ensued. It was the consensus that the wording on this section shall not be changed. Mr. Venard suggested that the word "THAN" be inserted at the end of the last sentence on Page 10. I t was agreed that this was needed. Mrs. Romans suggested that on Page 5 (c), mid-paragraph the following change be made: "If the plan is disapproved, the plan shall be returned TO THE APPLICANT together with the •.• " Mrs. Becker noted that one person had entered the meeting and was seated in the audience; she asked if this person had any questions regarding the Planned Development District amendments. The gentleman, who did not iden- tify himself, stated that he did not have any questions . Carson moved: Tanguma seconded: Th e Public Hearing o n Case #16-84 be closed . AYES: Becke r, Carson, Magnuson, Stoel, Tanguma , Venard, Barbre NAYS : None ABSENT: McBrayer, Alle n The motion carried. Mrs. Becker s tat ed that it would appea r that this document will accomplish the intent to clean up the process in approving Planned Developments. Mr. Barbre asked what procedur and time element applies t o PD approvals now. Mr s . Romans stated that this has been a real problem, and noted that there is no provision t o "abandon" an approved PD if no development has taken place. Mrs. Romans cited instan ces of approved Planned Developments where t he development has not occurred by the sam owner that made the applica- tion fo r approval; a subsequent owne r may make minor modifications and still use the approved Plan layout, but this does n o t always work well. Carson moved: Stoel se onded: The Planning Commission approv the Planned Development District ame ndm e nt s a proposed and modified at this meeting, and refer this zon district t o the City Council for approval. • I • • ( • • • • -3- AYES: Carson, Magnuson, Steel, Ta nguma, Ven ard , Barbre, Becker NAYS: None ABSENT: McBrayer , Allen The motion carried. IV . COMPREHENSIVE ZONING ORDINANCE §22.4-16 Design Guidelines Barbre moved: CASE 1117 -84 Ca r son seconded: The Public Hearing on Case 111 7-84 be open ed. AYES: Magnuson , Steel, Tanguma , Venard , Barbre, Becker, Ca r son NAYS: No n e AB SENT : McBrayer, Allen The motion carried . Mrs. Becker stated that she has in hand a copy of the public notice of the time, date and place of the public hearing which was published in the Englewood Sentinel on March 14, 1984 . Mrs. Becker suggested that the staff s hould make a presentation on the pro posed amendments befor e th e Commission, inasmuch as there is an audience. Ms . Susan King was sworn in, a nd testified that she is Senior Planner in the Department of Community Development. Ms. King gave testimony on the problems that the staff has incurred in administering the Design Guidelines , which, when writt en , were meant to facilitate the facade improvement pro- g ram on South Broadway, and not intended to apply to a new construction program. The scope of the Downtown Redevelopment project has changed dramatically in the last two years, and there will be considerable new construction along South Broadway. In attempting to apply the design guidelines to the new construction, it was determined that the design c rit eria for new cons truction was too restrictive, and the matter of height limitation was also questioned. After considerable discussion, it was felt it would better to drop the guidelines for new construction; the guidelines would still apply to buildings on South Broadway that will not be razed, but would undergo a facade improvement. Ms. King stated that modifications to the Design Guidelines signage requirements have been previously recommended by the Commission, and will be submitted to City Council. Mr. Venard asked if it is necessary to reference back to the B-1 Zone District on the matter of height restrictions. Ms. King stated that the Design Guidelines apply to the B-1 Zone District, and did not feel it necessary to incorporate a cross reference. Mrs. Becker asked if there were other comments from the Commission, or if the member of the audience wished to ask any questions. There were no further comments from Commission members, and the gentleman in the audience indicated he had no questions. Carson mov d: Steel second d: Th Public Hearing on Case #17-84 be closed • • I • - • • • - -4- AYES: Stoel, Tanguma , Venard , Barbre, Becker, Carson, Magnuson NAYS: None ABSENT : McBrayer, Allen The motion carried . Carson moved: Venard seconded : The Planning Commission approve the proposed amendments to §22.4-16 Design Guidelines for the Sou th Broadway Incentive Area, and refer the proposed amendments to City Council for their approval. AYES: Stoel, Tanguma, Venard, Barbre, Becker, Carson , Magnuson NAYS: No ne ABSENT: Allen, McBrayer The motion carried . V. COMPREHENSIVE ZONING ORDINANCE §22.8 Fences and Retaining Walls Cars on moved : CASE 11 18-84 Magnuson seconded: The Public Hearing on Case 1118 -84 be opened. AYES: Tanguma, Venard, Barbre, Becker, Carson, Magnuson, Stoel NAYS: None ABSENT : Allen, McBrayer The motion carried. Mrs. Becker stated that she has in hand a copy of the public notice of the time, date and place of the public hearing which was published in the Englewood Sentinel on March 14, 1984. Mrs. Becker ask d for the staff presentation. Mrs. Dorothy Romans was sworn in, and testified that she is the Assistant Director of Community Development, Planning Division. Mrs. Romans stated that a few years ago during a cod ification process of the Municipal Code, the section of the Code pertaining to fences and retaining walls was omitted. The staff has continued to adhere to the standards for fence and retaining wall construction when permits for fences and retaining walls are issued; however, there has been no support for the staff determinations because the fence and retaining wall requirements are not in the Municipal Code. Mrs. Romans stated that the staff is of the opinion that it is very important that the standards for the fences and retaining walls be incorporated as part of the Compreh nsive Zoning Ordinance. Mrs. Romans then reviewed the standards for fences and retaining walls which are before the Commission. The standards establish the types of fences that would be permitted within the various Districts of th City, the height of the fences is established, and a provision requiring that fences b kept in good repair has been added. Fences/retaining walls may not obstruct the visability of the motorist at intersections. Mrs . Romans pointed out that the regulations before the Commission ar v ry similar to th ordinanc on fences that was previously in effect. Height of f nces has not be n ch;mged: 42" maximum in front yard , and a 6' maximum in the r ar yards. Mrs. Romans asked if the Com- mission memb rs h d questions regarding th proposed regulations • • I • • .. • • • - -5- Mr. Carson referred t o Page 3 and Page 4, and the sections pertaining to the use of barbed wire above six feet; he felt this limitation should be changed to state that barbed wire may be used at a height of eight feet or above. Mrs . Romans pointed out that the height limitation of fences is six feet. Page 3 refers to fencing in the Business areas, and Page 4 refers to fencing in the industrial districts. The fences in an in- dustrial area may e x ceed the six feet. Mr. Carson reiterated his opinion that barbed wire should be used only above eight feet in height. Discussion ensued . Mr. Carson suggested that use of barbed wire should be eliminated in the business zone districts, and in the industrial districts it should not be used below the eight foot height. Further discussion ensued. Mrs. Becker pointed out that fences with barbed wire atop them are above the six foot height and the barbed wire is on poles slanted inward; if individuals get "caught" in the barbed wire, "they are in the wrong place." Mr . Tanguma pointed out that if someone wanted to scale a six foot fence, they would just as easily scale an eight foot fence. Mr . Tanguma referred to Page l, and asked why fences of Class 5 and Class 6 (Solid fences less than 50% open, or solid hendges, respectively) would not be allowed in a residential zone district. Mrs. Romans stated that the primary concern would be the obstruction of view for motorists at intersections, and the restriction of light and air movement to the prop- erty. Mr. Tanguma stated that he wanted to construct a retaining wall using railroad ties in his front yard; it does not appear that he would be allowed to do so under the proposed regulations. Mrs. Romans stated that the purpose of a retaining wall is the "support" of the earth to prevent erosion, and that a fence is constructed above grade; she stated that if a property owner has property which slo pes, and wantes to con- struct a retaining wall the staff would work with them. Mrs. Romans discussed some of the security problems that occur with the construction of solid fences. Mr. Stoel asked if he wanted to plant a hedge in his front yard, would he have to get a building permit to do so. Mrs. Romans stated that he would not; the primary concern is that it be planted at least one foot back of the sidewalk, again for protection of pedestrians walking by. Mr. Stoel asked about fences using a combination of masonry walls and ornamental iron, and what classification would a fence of this type be given. Mrs. Romans stated that if the masonry is used as a pillar, with the wrought iron for the basic fence, it would be considered an "open" fence. Mrs. Becker stated that she approved the location of dog runs in the rear one-third of th e lot. Mrs. Becker th n discussed the location of her particular property, and th fact that th neighbors property to the west faces west, therefore their rear yard abuts the side yard of Mrs. Becker's property; the same is true on the east sid of Mrs. Becker's property, and the rear of her property abuts the rear of the property to the south; thus, her property is bounded on three sid s by the rear yards of the surrounding properties. If a property owner is allowed to construct a six foot fence across the rear of their property, this could mean her property would be surrounded • I • • • • • .. • -6- by a six foot fence on the west, south and east . She asked how such a situation would be handled; would it be permitt e d, in fact, or would the side-yard restrictions apply on fence height . Mrs. Romans acknowledged that this is a unique situation, and stated that she did not know how the City could prevent the installatio n of the six foot fence in the rear yard if the adjoining property owner wanted to do so. Mrs . Romans stated that an agreement between property owners has been used by the Board in considering fence heights from the rear of the house t o the front of the house. Mrs . Romans suggested that perhaps a provision cou ld be included to state that if a rear yard abuts the side yard of another property, the property owner would have to obtain permission of the adjoining property owner before installation of a fence in excess of 42" in height would be approved. Mrs. Becker staten she felt there were enough situations similar to her property that it warrants considera- tion, and felt that the proposed statement wo uld be fair to both property owners . Mr . Venard asked if the Commission is being consistent in requiring screening fences in some sections of the Zoning Ordinance, but not allowing them in the section on fences. Mrs. Romans pointed out that if adjoining neighbors do not want a solid screening fence, the staff works with both property owners to see that a fence acceptable to both parties is constructed. Mrs . Becker asked if there were any other questions from the Commission or from the audience. No questions were asked. Mrs. Becker suggested that this public hearing be continued to a date certain to give the staff an opportunity to make the modifications to the proposed regulations and bring them back to the Commission for further review. Carson moved: Venard seconded: The Public Hearing on Case #18-84 be continued to April 17, 1984 at 7:00 P. M. AYES: Venard, Barbre, Becker, Carson, Magnuson, Stoel , Tanguma NAYS: None ABSENT: Allen, McBrayer The motion c arried. VI. FINDINGS OF FACT I-1, Light Industrial Zone District CASE 11 9-84B Mrs. Becker stated that the Findings of Fact on Case #9-84B were to be considered for approval. Carson moved: Sto 1 seconded: The Planning Commission approve the Findings of Fact on Case #9-84B, I-1 Light Industrial District, and refer said Findings of Fact to City Council. AYES: Barbre, Becker, Carson, Magnuson, Stoel, Tanguma, Venard NAYS: None ABSENT: Allen, McBrayer The motion carried. • I • • ,• ( • • • • -7- Mrs. Becker expressed her appreciation to the Planning staff for their work in preparing the information for the Commission . VII . GOALS/WORK PROGRAM . Mrs. Becker noted that two members of the Commission were absent this evening, and suggested that consideration of this item be postponed un- til the next meeting. After brief discussion, the Chair declared this item postponed to April 17th. VIII. PUBLIC FORUM. Mrs. Becker asked if the gentleman in the audience wished to address the Commission. He did not wish to speak to the Commission. IX. DIRECTOR'S CHOICE. Mrs. Romans stated that it appears the agenda for April 17 will be a "light" one; the one case that was scheduled may be withdrawn. She asked if the Commission wanted to have a work session beginning at 5:30P.M., and go into a regular meeting at 7:00 P. M. to continue the hearing on the Fence regulations. Mrs. Romans suggested one or two topics for the work session. Mrs. Becker asked if the staff has pictures in the files of mixed use developments that could be viewed by the Commission. Mrs. Romans stated the staff would attempt to obtain pictures of mixed use developments. Mr. Carson asked if there is a map showing school district boundaries. Mrs. Romans stated that such a map would be obtained for the Commission members. It was the consensus of the Commission to meet at 5:30 P.M. on April 17 for a work session; sandwiches will be served. X. COMMISSIONER'S CHOICE. Mr. Carson reported on his attendance at the Denver Regional Council of Governments annual banquet. The City of Englewood received a second place award on municipal cooperative projects, and former Councilman Donald Harper received an award for his work on the In-house Service to Elderly People committee. The meeting adjourned at 8:05 P. H. Gertrude G. Welty · Ricording Secretary • I • • ( ( ( • • • • I. CALL TO ORDER. URBAN RENEWAL AUTHORITY April 4, 1984 The regular meeting of the Urban Renewal Authority meeting was called to o rder by Chairman Robert J. Voth at 6:45 P. M. Members present: Novicky, To tton, Voth, Cole, Minnick Executive Director Susan Powers Robert Mcintyre, Non-voting Alternate Members absent: Neal, VanDyke Also present: Marlin J. Opperman, Legal Counsel Wm. Richard Hinson, Economic Development Planner John Maxwell, EDDA Representative II. APPROVAL OF MINUTES. March 7, 1984 March 14, 1984 Chairman Voth stated that Minutes of the regular meeting of March 7th and of the Special meeting of March 14th, were to be considered for approval. Totton moved: Minnick seconded: The Urban Renewal Authority app r ove the Minutes of March 7, 1984 and of March 14, 1984, as written. The motion carried; Mr. Neal and Ms. VanDyke we re abs nt. III. NEW BUSINESS. A. Relocation Benefits. Ms. Powers stated that at the Public Hearing before City Council on the amendment of the Downtown Redevelopment Plan, one of the tenants of 3401 South Bannock Street posed some questions about the relocation process and the necessity to obtain bids on value of obsolete stock such as stationery, envelop s , etc. The intent when the Handbook was written was to require bids for moving expenses. Stationery and other materials which may become obsolete because of the relocation were not requir d to have bids, but only an inventory and stimated replacement cost submitted to the Authority. The tenant wanted clarification on whether he would have to obtain bids on the obsolete material, nd the staff agreed to check into the matter furth r. Upo n furth r review of the Relocation Handbook, it does not appear th t bids are r quir d for obsolete stock, but only on th actu 1 physical moving proces • A r asonabl stimate on th valu of th obsolet material from a r putable busin as would be a basis for p ym nt . • c I • • • • • .. -2- Discussion ensued. Mr. Maxwell asked if the intent is not to pay for th obsolete materials, and not to finance the purchase of new stock. Ms. Powers stated that it was the co ncern of this particular tenant that he would have to get bids to replace his stationery. Further discussion ensued. Mr . Novicky noted that some signs could become obsolete by relocation, and could be very expensive to replace. Mr. Voth pointed out that pay- ment on signs should also take into consideration whether or n ot the sign at the present location is in conformance with the Sign Code, or whether it would have to be replaced or modified if the business were not relocated. Mrs. Cole suggested that if there was a dollar limitation imposed on obsolete stock, and anything over that amount would be subject to bids this might handle the problem. Mr. Novicky stated that he felt the wording in the Relocation Handbook was rather vague to give latitude to the Authority in making their determinations. Mr. Opperman suggested that the property owners could obtain the estimates on the value of the obsolete merchandise, and if the staff is of the opinion it is unreasonable, they could bring it to the Authority, and the Authority could then determine whether to require bids. Ms. Powers stated that she saw no problem with this procedure. Mr. Hinson stated that the question for payment for reinstallation of a phone has arisen; this would be covered under relocation benefits. Mr. Voth stated that this could lead to large expenditures. Mr. Minnick sug- gested that the Authority policy should be that expenditures for phone installations would be for the basic system from Mountain Bell; anything over and above that would be the responsibility of the relocatee. Mr. Voth stated that he felt the relocatee should be able to expect the same level of service that he presently has; he did not think a lower grade system would be acceptable to these businessmen. Discussion ensued. Ms. Powers stated that she felt there should be clarification on what will be covered on telephone expenses; she did not think it would be acceptable to be buying telephones for the businessmen, but that it might be acceptable to pay for reconnection fees. Mr. Opperman cautioned against amending the Handbook to specifically address the matter of telephone ex- pense reimbursement, but to co nsider the matter on a case-by-case basis. He suggested that th Authority indicate they would consider paying for reconn ction charges, and let the businessman present a bill for the re- connection charges for considerat ion by the Authority. Further brief discussion ensued. B. Redevelopment Agreement. Ms. Powers discussed the process that is presently followed in land ac- quisition and the process that is followed before a property is listed in the Plan for acquisition by the Authority. The process as outlined in the Redevelopment Agreement has proved to be very lengthy and cumbersome, and the possibility of allowing the redeveloper and the Authority to conduct concurrent negotiations has been suggested. Ms. Powers stated that the red velop rdoesnot have the right of condemnation, or even the right to thr ten condemnation, nor would a redev loper be granted such rights. Th objective of the concu rrent negotiation process would be a reduction in the 1 ngth of time the process requires • • I • ( • • • • -3- Mr. Voth asked what would hap pen if all properties were t o be listed in th Plan; would they be under "threa t" of condemnation by virtue of being listed, or by being in the redevelopment district. Mr. Opperman stated that a property would not be und er threat of cond emnat ion just by vi rt ue of being listed for acquisition or by being in the District; only after a Notice of Intent t o Acquire is sent to a property owner would th e r e be any threat implied. Mr. Opperman stated that the proposed con current p r o- cess is an attempt to avoid a duplication of cost a nd time in the nego- tiation process. He pointed out that saf eguards will have to be written into the concurrent pro cess t o assure that the Authority will control the type of offers that are being made to property owners. Mr. Opperman the n discussed the use of offers tend e red by th e red eveloper as eviden ce of good faith negotiations. }!r. Opperman stated that he felt the negotiation process can be streamlined and that h e was meeting with Mr. Pays inger , legal counsel for Brady Development Co rp oration, on April 6th to d iscuss this possibility. Mr. Vo th stated that he felt th e o nly way t o decrease the time element is to list all properties right from the beginning for acquisition by t he Authority. Mr. Opperman stated that properties will have to be designated at some point in time for acquisition by the Authority and Cou ncil, a nd that there could be some current negotiations which could be termed good faith nego- tiations, and which would have to be affirmed by the Authority. Mr. Opperman further discussed the proposed change in th e process , n o ting that one change would be to eliminate the requirement that th e redev elo per must complete his portion of the process before th e prop e rties can be listed for acquisit ion by the Authority. Right now, th e Authority n ego tiatio n process cannot begin until the redeveloper has completed his nego tiatio n s and r eached an impasse, and all his informatio n has been forwarded to the Authority. Mrs. Co le stated that she would b e in favor of eliminating the time lag and decreasing costs as much as possible. Mrs . Cole stated that she is concerned about the manner in which the redeveloper appears to be dealing with property owners and leaseholders. Discussion ensued . Mr. Opperman stated that the Authority would have to set parameters for "good faith" negotiations. Mr. Opperman discussed the procedure followed by other Urban Renewal Authorities, noting that the property acquisition negotiations are conducted by the Authority, even though the Authority may be reimbursed for the expenses incurred by a developer. Discussion ensued. Mr. Hinson stated that the redeveloper has to offer what the Authority would offer before he can ask the Authority for assistance in acquiring th property. Mr. Opperman stated that the redeveloper does have to make good faith negotiations, but there is nothing that requires the redeveloper to offer exactly what the Authority would require. He stated that he would have preferred to have all negotiations handled by the Urban Renewal Au- thority, with the redeveloper paying the Authority for the property ac- quisitions he needed. Mr. Opperman asked the opinion of the Authority at this point in time on changing the Agreement to basically state that the Urban Renewal Authority will take over the job of negotiations for all property acquisition, and that th redeveloper will pay the actual cost of the property. This would • I • - • • • - -4- give the Authority full control over the negotiations and offers made to the property owners/lease holders. Mr. Voth pointed out that the redeveloper is, he understands , trying to replace a building for some of these tenants, and that th e Authority cannot get into this facet of dealing with the busi- nessmen. Ms. Powers agreed that the Authority could not get into the same level of "dealing" with the property owners/leaseholders that the redeveloper has apparently reached. Ms. Cole stated that it might be to the advantage for some of the businesses to have assurance of a new building. Further discussion ensued. Mr. Opperman s uggested that the redeveloper be required to offer the fair market value as established by the Urban Renewal Authority on the initial contact to property owners/leaseholders. Ms. Powers asked how the 120 day notice to property owners/tenants could be started with the beginning of the negotiations. Mr. Opperman stated that he wanted to research this point more fully. Mr. Opperman asked the opinion of the Authority: Does the Authority want to require that offers equal to the fair market value of the property/lease- hold shall be made by the redeveloper. Mrs. Cole stated that she felt this might eliminate or diminish some hard feelings on the part of the property owners/leaseholders. Mr. Totton stated that he felt the fair market value should be offered, and that the redeveloper should be required to make such of fer. Mr. Minnick agreed. Mr. Voth stated that he felt it should be made clear that the fair market value must be offered on the first offer. IV. OLD BUSI NESS . A. Contract with Justin Haynes & Co. for Appraisals. Mr. Hinson stated that the staff had requested cost estimates from Justin Haynes & Co. for appraisals on properties on South Acoma Street, 3401 South Bannock Street, and the parking lot areas that are needed for the Boulevard. Mr. Ingwerson responded with a list of estimated appraisal costs for each property, which information was contained in the packet to the Authority members. Mr. Hinson suggested that the contract with Justin Haynes & Co. could be amended by letter stating that the Authority accepts and approves the appraisal costs set forth for the properties at 3444-90 South Acoma, 3415 South Acoma, 3447 South Acoma, 3451 South Acoma, 3465 South Acoma, 3485 South Acoma, 101 West Hampden Avenue, 3401 South Bannock, the North- west corner of South Bannock and West Girard Avenue, and the Southwest corner of South Bannock and West Girard Avenue. Mr. Hinson stated that the appraisals would be completed within 30 to 45 days. It was pointed out that Girard Av nu will be closed by August 1, which will reduce the access to th 3400 block of South Acoma; there will be access from Hampden Avenue. Ms. VanDyke entered th meting t 6:45 P. M. Mr. Opp rman asked if access to any business would be totally cut off. Ms. Powers stated that it would be reduced, but would not be totally cut off . • I • ( • • - -5- Ms. Powers stated that there is a real need to proceed on the acquisition of the Bannock properties immediately. Ms . Powe r s stated that the staff is in po ssess ion of a "bank" appraisal on 3401 South Ba nnock Street; she asked if notice t o relocat e could be given to tenants based on this ap- praisal, even though the Authority appraisal is no t in. Mr. Voth asked h ow notice could be given t o the t e nants before an agreemen t is r eached with the property owner. Mr. Opperman sta ted that the Authority has the right to give notice of intent t o acquire, and that n ego tiation s should begin immediately; he pointed out that he cannot file suit for immediat e possession until negotiations reach impasse. Mr.Voth asked if the intent to acquire would b e th e 1 20 day n otice . Mr. Opperman stated that it would serve as the 120 day notice. Mr. Voth stated that tenants would then have to be out of the building within 120 days after the notice of intent to acquire is issued. Mr. Opperman stated that the time span from the date an appraisal is made and the date a suit is filed for immediate possession shoul d be as short as possible, because appraisals would have to be updated to the date of the immediate possession hearing. This would be an added expense to the Authority. Totton moved: Minnick seconded: The Urban Renewal Authority approve th e amendment of The motion carried. the contract with Justin H. Haynes & Compa ny to include the properties at 3444-90 So uth Acoma Street, 3415 South Acoma Street, 3447 South Acoma Stree t, 3451 South Acoma St reet, 3465 South Acoma Street, 3485 So ut h Acoma Street, 101 West Hampden Avenue, 3401 South Ba nn ock Street, the Northwest corner of South Bannock Street and West Girard Avenue, and the Southwest corner of South Bannock Street and West Girard Avenue. Exec ut ive Director Powers be authorized to sign on behalf of the Urban Renewal Au- thority. B. Amendment s to Downtown Redevelopment Plan. Ms. Powers stated that the Authority has recommended approva l of Amend- ments #4, #5, and #6 t o the Downtown Redevelopment Plan, which amendment s listed additional properties to be included in the Plan f o r acquis ition by the Authority. At the Hearing on March 26th, a request wa s submitted by Brady Development Corporation asking that the Hearing on Amendment (/6 be continued another two weeks to allow additional time for their nego- tiations. The City Council continued the Hearing to 7:00 P. M. on April lOth. Prior to the City Council taking action on the leasehold properties, the Urban Renewal Authority must consider the documentation presented by the redeveloper to determine whether, in fact, good faith negotiatio ns have occurred. The Authority must then recommend to City Council that good faith negotiations have occurred, an impasse has been reach d, and that the properties should be included in the Plan for acquisition by the Authority. Assuming that the r develop r will have concluded all his negotiation efforts by the end of this week, this would neces s itate a special meeting of the Authority on Monday, April 9, 1984. Ms. Powers stated that a request has been rec eived from Phy s i cal Whimsical a s king • I • • • • • -6- for a delay in the Council determination to enahle them to obtain a pro- fessional appraisal of their property (leasehold interest). Mr. Maxwell asked what constitutes a reasonable time for consideration of an offer --from the date it is made to the date of acceptance or re- jection. Ms. Powers stated that she understood Brady Corporation was offering close to two weeks. Mr. Opperman stated that he felt a minimum period is two weeks; from a good public relations standpoint, he would prefer to see two weeks or more given to the property owners/leaseholders for consideration of the offers. Mr. Novicky asked if an attempt should not be made to get as many lease- hold interests taken care of as soon as possible. Discussion ensued. Mr. Opperman stated that on condemnation proceedings, if it reaches the point of condemnation, he would prefer to go on a block-at-a-time basis rather than a piece-meal basis; for instance on the leasehold interests in the 3300 block of South Broadway: if these were taken at one time they would have the same valuation date on the appraisals, which would be an advantage to the Authority. If this were to be pursued over a period of time, it could present problems and increase the costs to the Authority. Mrs. Cole asked if the staff would have any problem if there was further postponement on the Hearing. Ms. Powers stated that if there is a possibility that all of the leases would not be taken care of within the next week, she is of the opinion that it would be better to wait. Mr. Voth stated that he felt the Authority should recommend to City Council that the Hearing should be further continued. Mr. Voth pointed out that he has not been voting on matters pertaining to the leasehold interests in the 3300 block South Broadway, but he did not feel the record of the meetings has reflected this. Ms. Powers stated that if no meeting is needed on April 9, Authority members will not receive a packet of information. Members of the Au- thority will be notified of the date and time of the Hearing before the City Council. Novicky moved: Minnick seconded: The Urban Renewal Authority schedule a special meeting for April 9, 1984, 5 :30 P . M. if necessary. AYES: Cole, Minnick, Novicky, Totton, VanDyke NAYS: None ABSENT: Neal ABSTAIN: Voth The motion carried . Minnick moved: Cole seconded: After considerable discussion, the Urban Renewal Au- thority recommends to City Council that all leasehold interests in the 3300 block South Broadway be considered for inclusion in the Downtown Redevelopment Plan at the sam time. • • I • • ( ( • • • ,. • -7- AYES: Cole, Minnick, Novicky, Totton, VanDyke NAYS: None ABSENT: Neal ABSTAIN: Voth C. Letter to Tenants in 3300 Blo ck South Broadway. Ms. Powers gave the background leading up the delivery of a letter signed by herself as Executive Director of the Urban Renewal Authority, which letter was to be delivered to the tenants of property already purchased by Brady Development Corporation. This letter was delivered by a staff member of the EDDA, and was erroneously delivered to tenants o f the former First National Bank building in addition t o the other tenants. Ms. Powers stated that she was instructed to write this letter as a result of a meeting by the EDDA Board. It was unfortunate that th e letter was de- livered to the wrong people, as it needlessly upset these individua1s. Discussion ensued. Mr . Opperman stated that until notic e to acquire is actually sent to a property owner/tenant, extreme caution should be taken to not make any statement or reference that a property owner/tenant should not make im- provements on their property. Mr. Opperman stated that a property owner- tenant has the right to do anything on that property until they receive the actual notice of intent to acquire that specific property. Mr. Opperman stated that this is an argument that is being used in a suit against the Authority by a property owner on West Hampden Avenue; that he was told he should not improve his property because it would eventually be acquired for flood control improvements. Mr. Opperman emphasized ex- treme caution in talking to property owners and tenants. D. King Sooper Plaza Plans. Ms. Powers stated that the plans for the King Soopers Plaza were submitted to the Community Development Department this week. Members of the Authority reviewed the plans which were available at the meeting. E. Present Safeway Building -125 East Hampden Avenue. There was discussion about the possible us e of th e o ld Safeway Store for downtown businessmen who will b affected by t h r e d ev e ]o pment pro ject. V. PUBLIC FORUM. Mr. Voth asked Mr. Maxwell if he wished to bring anything before the Au- thority. Mr. Maxwell stated that he had nothing to discuss with the Au- thority. XI. DIRECTOR'S CHOICE. A. Property Report. Minnick moved: Novicky seconded: The Urban Ren wal Authority go into xeutive session for th purpoa of discussion of various land acquisition items • • I • • - • • • • -8- The motion carried; Mr. Neal was absent. * * * * * VanDyke moved: Novicky seconded: The Urban Renewal Authority come out of executive session. The motion carried . VanDyke moved: Minnick seconded: The Urban Renewal Authority authorize Mr. Scott McDowell, negotiator for the URA, to accept the counter offer of $101,000.00 for property at 3426-28 South Bannock Street. AYES: Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Neal The motion carried. * * * * * Mr. Opperman reviewed the Kramer law suit filed againat the Urban Renewal Authority; he stated that he has filed a motion to dismiss, as did City Attorney DeWitt on behalf of the City. Mr. Kramer has not responded to either motion at this point in time. If no response is received within the specified length of time, it will mean Mr. Kramer has conceeded and the suit will be dismissed. Mr. Opperman again strongly cautioned members of the Authority and staff to be extremely careful in conversations with property owners and tenants. Mr. Hinson stated that the staff is still not in receipt of Mr. Kramer's appraisal. The meeting was declared adjourned at 8:50 P. M. • • I • • - • • • • • • MINl7rES ~ L IQOOR LICENSE Al1Il!ORITY RroJLAR ME:el'ING APRIL 4, 1984 5 D 'nle meet~ was called to order at 7: 30 p.m. MDeER5 PRESENI': Styes, Bryan, Lunder&, McLaughlin,Patterson None Annamaria Hellvig, dba as HWlgarian Dinner presented an application for a change of a.mership of a beer arrl wine license to be located at 3495 s. Broadway . It was former 1 y '!be Shogun. llH>ERS KNED, BRYAN SEX:XN>ED A fooUI'IClll TO APPRJVE 'mE TRANSFER CF CNreRsi-HP OF 'mE BEER AND WINE Ll~E ILCATED AT 3495 S. BRlADWAY TO ANNNWUA HELLVIG, DBA HlHiAAIAN DINNER. AYES: Styes, Bryan, ~. McLaughlin, Patterson NAYS: '!be DDtion carried . • • • • Jerry Feather presented an application to nlllldel and expand the Dartboard, 3467 s. Broadway. PA~ KJ\IED I JICI..AI.GiLIN SEX:XN>ED A 101'100 TO APPRJVE AN APPLICATIClll TO RfMDEL AND EICPAND 'mE DARmao\RD, 3467 S. ~Y. AYES: Styes, Bryan, Lunders, McLaughlin, Patterson NAYS: None 'nle IIDtion carried. • • • • foi::LALG«.IN KJ.IED I BRYAN SEX:XN>ED A fooUI'IClll TO APPRJIIE DANIEL T. 0 I MIU.LEY AS MANAGER <F PADDY BCX1I'S. AYES: Styes, Bryan, Lunders, Mcl.aughlin, Patterson NAYS: None '!be IIDtion carried. • • * * • I • • - • EnglelooOOd Liquor License Authority April 4, 1984 page 2 - • • • BRYAN foDVED, PATI'ERSCtl SEXXIIDED A I'DI'IOO 'ro APPFVVE OORM1\N <DIDREAY AS A DIREl:TOR <F E2'G.ENX»< M/B/H, DBA AS El'GDIOOK . AYES: Styes, Bryan, Lwders, McLaughlin, Patterson NAYS: None The IIDtion carried • • • • Johannisson presented a violation of the Colorado Liquor Code to the Authority in- volving Ali Saba Inc, dba as Ali Saba, 3370 S. Acana. Johannisson stated that owner- ship of Ali Saba had ~as of February 3, 1984. The new owner has rot made application to the City for a change of ownership. The City Attorney's office suggested that the Authority have a sha.r cause hearing as to why the license rot be su.speOOed or revolted. BRYAN 11:NED, PA~ Sa:niDED A I'DI'IOO 'ro SCHEDULE A~ CAUSE~ FOR ALI SABA, IOC, DBA ALI SABA, 3370 S. NX:Jo4A. 'ltfE ~ WILL cx:tlSIDER WHE'IHER 'mE IDI'EL/RESTAURAm' LicrnSE socmD BE SUSPENDED OR REVOKED FOR OPERATn«; IN VIOLATIOO OF 'niE COWRAOO LIQOOR CXDE, Sa'TIOO 12-47-106(4), FAIUJRE 'ro l'«JJ'IFY 'niE LicrnSn«; AlJIH)RJT'i OF A mANGE OF ~ERSHIP. 'IHE ~ IS SCHIDJLED FOR MA.Y 16, 1984 AT 7:30p.m., 3400 S. E.l.ATI, ~ (E}GBo(XX) CIT'i HALL). AYES: Styes Bryan, Lurders, McLaughlin, Patt.erson NAYS: None The IIDtion carried. • • • • Johannisson inforne:i the Authority that the City had annexed the fairgrourrls earlier this year. The fairgrourds is the Slte for runerous special events liquor licenses. He stated that the Arapahoe County Ccmni.ssioners have received applications which will require quick act1on by the Englewood Liquor Authority. Johannisson asked that the Authority change the procedure for oonsiderlng Special Event Permit applications by elinwlating the public hearwg requirement. The C1ty would post the property for ten days and then oons1der the appllcation as a part of a regular meeting. 'rtlis is a procedure peonitted by the Colorado Llquor Code. BRYAN MJVED, ~IN SEXXNDED A I'DI'IOO 'ro ~ 'ltfE SPEX:IAL E."'lml'S PERMIT PR:>- CEDJRE BY ELIMINATnl:i 'l1iE RfXJUIRD4ENI' FOR A PUBLIC HEAR!~ EXCEPT AS PRESCRIBED BY 12-48-107(3). AYES: Styes, Bryan, Lwders, Mclaughlin, Patteraon NAYS: None • I • • • • Englewood Liquor License Authority April 4, 1984 page 3 - '1'he IIDti.on carried. * * '1'he meetiJv,J was adjourned at 8:25 p.m. Eric E. J · Deputy Cit Clerk • • • * * I . . ~~ _·I - • • • .. • Mn«Jl'ES ElGL&OD LIQOOR LIC»>SE NJnl)RI'n' SPEX:IAL MEErn«; APRIL 9, 1984 5 n '1he meet~ was called to order at 9:10 a.m. at the Arapahoe County Office Build.in:J in the County Camlissioners Olaatlera. ~ PRESFlfl': Styes, Beyan, Patterson McLaughlin, Lunders '1he Authority joined with Arapahoe County Ccmnissioners in hear~ an application for a Special EVents Permis subnitted by the foWicular Dystrophy Association. The event is to be held at the Arapahoe County Fairgrounds on April 28, 1984. The County Calmissioners had received and processed the application without kncwi.n;J that the City of Englewood had annexed the site for the propoaed special event. Andrea Renner represented 14lo'. She was questioned by County Attorney, John Bush. Neither the County camussi.oners ror the Englewood Liquor Authority had any questions for Ms. Renner. Comlissioner Dittarore asked if there was anyone in the audience lolho wished to speak in favor or in opposition to the application. '!here were rot any respordents. BRYAN ICJER, PA'l"I'ERS(fi SEXDIDED A MJI'IOO 'ID APPKlVE A SPEX:IAL EVENl'S PE»UT APPLI- CATIOO FOR 'l1iE foi.JSClJ[..AR DYSTRlPHY ASSOCIATIOO FOR APRIL 28, 1984 AT 'DIE ARAPARlE CXXNI'Y FAIIGOHlS. AYES: Styes, Patteraon, Beyan ~S: ABSENI': McLaughlin, Lurdera 'ftle 0\ai..tman declared the notion carried. 'ftle meetin;J adj ourned a t 9:20 a.m. • I . - • • • • • MINlJl'ES ENiLEXXD LIQUOR LICENSE AU'IHORIT'i SPOCIAL MEETING April 26, 1984 D 'lhe meeting was called to order at 7:00p.m. at the City of Engl~ Library Conference ~an. MEMBERS PRESENI': Styes, Bryan, Lunders, McLaughlin MEMBERS ABSENI': Patterson 'lbe minutes of the meetings of April 4, 1984 and April 9, 1984 were awroved. * * * * BlW'N KWID, K:LNXJ~LIN SEIXHE> A K71'IGN ro Rami 'mE LICENSES CF PAUL • s RESTAUR1INT AND SEVEN ELEVE2il -2705 S. ~y. AYES: Styes, Bryan, Lunders, McLaughlin ABSENI': Patterson 'lbe chair declared the DDtion carried. * * * * UJNDERS KlVED, K:LNXJ~LIN SEXXHB> A K7l'IGN ro Rami CCH>ITICJW..LY 'niE BEER AND WINE LI~ CF JOSE D. CXRW. dba EL 'l'EPDIJM, 3457 s. BKW».Y I Hm sm' JtR 6, 1984 AT 7:30 p.m. AS 'DIE twrE .AND TIME FOR A ~CAUSE HFARING 'ro ~ SIDER 'DIE SUSP!JfSIGN OR AE\IOCATIGN CF '111IS Licm&. AYES: Styes, Bryan, Lundera, McLaughlin ABSENI': Patterson 'lhe chair declared the IIDtion carried. * 'lhe meeting adjoumed at 7:35 p.m. Eric E. J~saon Deputy City J erk L . * * * • I • • - 84 -11 • 84-13 • • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD April 10, 1984 5 E Chairman Jerry Valdes called the regular meeting of the Library Advisory Board to order at 7:03 p.m. PRESENT: Jerry Valdes, Lois Sterling, Debbie Dix, John Peterson (arrived at 7:06p.m.), Al Quaintance, Gerald Sampson, Kay VanValkenburg (arrived at 7:18p .m.), Dorothy Wheelehan REGRETS: Bruce Hogue ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present . Mr . Valdes turned the meeting over to Ms . Winkle for the Direc tor's Report. There was a brief discus s ion on the Li bra ry Se rv i ce and Construct i on Ac t (LSCA) grant proposal. MOTION : To ac c ept the Col l ection Moved by: Lo is St e rl ing Seconded by: Gerald Samp on Mot i on carr ied. MOT I ON: To accept th ~rapahoe Development Plann1n Mov ed by: Al Quaintanc Second ed by : Lois terltna Mot ion carried. Developme nt Plann i ng minigrant as draft ed. l1c Access to Lib raries (APAL ) Coll ec t ion propo a! a drafted . Af ter a br ief di cu sion on th Tr1-ounty Intergovernmental Agreement f or Librar Se r vic e s i t wa s d ided no a t1on uld b taken a t thi s time. Further i nformation wa s needed . Di rector 's Choice Wor k will begin soon on th Civic Center Blvd. Girard Street will be closed be- tween Cherokee and Elati and this will place a strain on the parking situation at the Library. It was suggested that the Library have a book drop in an outlying lo- cat ion to aid patrons in book returns. No Chairman's Report. No Me mbers' Choice. There was no discussion on the Statistical Report for March 198 4 . MOTION: That t h e Mi nutes from the March 13 , 1984 Meeting be approved as writt e n . Mov ed by: Al Qu aint a nce Sec ond ed by: Debbie Dix Mot i on carried . co nti nued •... • I • • • • • T::NGLEWOOD 1'0\./NTCI.HT DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES April 11, 1984 Board ~embers Present: ~aufman, Mausolf, ~axwell, Neal, Owens, Tomooka Boarn Members Absent: Close, Coleman, Holthaus, Pendleton Staff Present: H . Haviland, P. Dietrich Guests: Steven Ying, Claire Lewis, J. D. Pearce, John Pearce, norothy Oalquist, Dick Hinson Chairman Tomooka called the regular meeting of the Englewood Downtown Development Authority ~oard of Directors to order at 12:07 PM on April 11, 1984. The minutes from ~arch 14, lOR4 meeting were presented for approval. Hr. Kaufman moved, seconded by Ms. Owens, to approve the minutes from the previous meeting. The motion was passed unanimously by voice vote. 5 f The bills for payment were presented for approval. Ms. Owens moved, seconded by Mr. Neal, to approve the bills for payment. The motion was passed unan~ousl y by voice vote. Office Lease -Is. Ow ns moved, seconded by Mr. Maxwell, to approve the two y ar lease from May 1, 1984 to April 30, 1986, for the office of EDDA at 3535 South Sherman. The motion was passed unanimously by voice vote. Mr. Tomoo~~ pr sented the Treasurer's Report . There was no discussion. CJlAI~J\N' S PEPOR.,. New !ember Nomination -It is suggested that Dan Green from the First Inter- stat Bank of Fnglewood be considered to fill the vacancy left on the Board by the resignation of Cl~te C-asson. Mr. Tomooka appointed John Neal, Michael Haviland, nrl himself to a subcommittee to gather names for nominations to the F.DDA for th vacancies that will occur on July 1, 1984, snd present this to th ~oarn t theM y, 1984 me ting • • I • • - • • • Page Two Minuates April 11, 1984 • • • Safeway Property -Ms. Owens questioned the viability of the subcommittee that was appointed to examine the possibilities of the SAfeway property. Mr. Neal gave an update on the progress to date with that property. It was pointed out that the successful businesses in Englewood seem to be destination ~usinesses. ~s. Owens noted that if EDDA is going to purchase the buildin g or part of the property, a marketing study is needed to define successful uses for the property. Mr. Kaufman moved, seconded by Mr. Mausolf, to authorize the Executive Committee to offer up to $5,000 to create an option on the property with 2-6 months ti~e limit, that would be in the best interests of the C.ity. The motion was passed unanimously by voice vote. Ms. Owens offered to help with the negotiations with Safeway. DIRECTOR'S REPORT Clean Up Program -Mr. Haviland noted that a comprehensive report on the clean up program will be available next month. Broadway Facade and Loan Program -Ron Abo will have the renderings for the east sirle of the 3400 block of South Broadway available for the Board meeting in ~ay. Construction has started on the property at 3342-50 South Broadway. Recognition of Roard ~ember -The Board directed the Executive nirector to purchase a token of appreciation for Clete Gasson for his participation and contrihution to the EDDA Board of Directors. This will be presented to him on Monday, April 16, 19A4 at 7:30PM • As there was no further business, Chairman Tomooka adjourned the meeting at 1:25 PM. • I • • .. -I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 2, 1984 AGENDA ITEM lDA SUBJECT Proposed Amendment to the Com- prehensive Zoning Ordinance, §22.4-15 Planned Develooment (P.D.) District INITIATED BY City Plannina and Zoning Commission. ACT I ON PROPOSED Bpceiye the recptpmendation of the Planning Commission relative to certain amendments to th e CgmprehgnRiye Zoning Ordinance. and request the City Attorne to prepar& an ordinance ip preparat1gp pf a Public Hearing. INTRODUCTION AND BACKGROU ND: Th e 1979 Comprehensive Plan , adopted by City Council Resolution No. 49, Series of 1979, identifies specif ic goals for the City and courses of action to b e taken to implement those goals . The Planning Commission bas proceeded to address th\1 cl.l u rses of action for implementation of the goals through its work program. The proposed revision of the Planned Develo pment (P.D.) District is a result of the Comprehen- sive Plan. The Comprehensive Zoning Or dinance, adopted by City Council Ordinance No. 26, Seri es of 1963, is in need of comp rehensive revision. The Planning Commission is considering each section of the ordinance rather than the entire zoning ordinance to efficiently handle the comprehensive revisions. The proposed revisions were developed by the Planning Commission and Pl anning staff following several meetings, researching regu- lations in other municipalities, and taking into consideration the problems experienced in the application of th e existing provisions to developments in Englewood. The Planning Commission co nsidered the proposed revisions at a Public Hearing on April 3, 1984. There was no one present at the Hearing to address the Commission in favor of the proposed amendments to the Planned Development regulations; nor was anyone present to address the Commission in opposition to the proposed amend- ments . RECOMMENDATION: The Planning Commission, after considering the proposed amendments at a Public Hearing on April 3, 1984, recommend to City Council approval of the proposed amendments to the Planned Development (P.D.) regulations, 122 ,4-15 . Further, that the City Attorney be requested to prepare an ordinance for the proposed amend- ment to the Comprehensive Zoning Ordinance, and that a Public Hearing be scheduled for the proposed amendment. ·, ~--------------------------------~ • • I • • • • I , • • • • . CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO, 16-84 FINDINGS OF FACT, CONCLUSION, AND RECOMMENDATIONS RELATING TO AN ) ) ) IIMP.NDHENT '1'0 §22 ,l1-l ~. 1'1./\NNIW ) DEVELOPMENT (P.O.) DISTRICT, IN ) THE COMPREHENSIVE ZONING ORDINANCE, ) ORDINANCE NO, 26, SERIES OF 1963, ) CITY OF ENGLEWOOD, COLORADO; WHICH ) AMENDMENT PERTAINS TO THE SPECIFIC ) REGULATION RELATIVE TO THE PLANNED ) DEVELOPMENT DISTRIC T . ) A Public Hearing was held on April 3, 1984, in connection wieh Case No. 16-84 in the City Council Chambers in the Englewood City Hall. Th !i: following members of the City Planning and Zoning Commission were present: Barbre, Becker, Carson, Magnuson, Steel, Tanguma, and Venard, Hr . Allen and Mr. McBra yer were absent. FINOINGS OF FACT Upon rcv ie~1 of the evidence tukcn in the form of testimony, presentation, report s , and the draft of the proposed zone district amend- men ts, the City Plannin g and Zoning Commission makes the following Findings of Fa ct. 1. That notice of the Public Hearing was given in the Englewood Sentinel, the offic ial City Newspaper , on March 14, 1984. 2. That the prcwent Cowpreheni>ive :toning Ordinance wa11 adopted by Ordin ance No . 26, Series of 1963. 3. That amendments to Ordinance No. 26, 1963, have bean made; ho~1ev er, there has been no comprehensive revision to the ordinance over the past twenty years. 4, That in working with the present ordinance, it has become appar ent that discrepancies exist and some aoning and/or land uaa iaauea are not addressed, 5, That some of the problems that have bean sx~erienced in the administration of the Planned Devalopasnt District a~s: a, Density avsraging within a Planned Dsvelopaant, with overall density in a P.O. conforaing to the under- lying zone district, is not mentioned. b. There is no destruct clause for a subdivision waiver which has bean granted wheR applicat1ou for a Planned Dsvalopasnt has bssn withdraw, sud tbia baa craated I • ' • • • • -2- a conflict with the requirements of the Subdivision Regulations. c. Additional information on the Development Plat is needed but not mentioned in the submittal require- ments. d. The review of a Planned Development and the approving body is not clearly specified, e. Design element standards need to be expanded upon. f. Minor administrative changes in an approved Planned Development need to be related to engineering problems. g. Inspection of a Planned Development under construction which violates the approved Development Plan needs co be c learly specified. h. An app roved Planned Development which is not under construction within two years shall be nullified. 6. That no persons were present who wished to apeak in opposi- tion to the proposed amendm ents to the Planned Development District regula- tions. 7. That no pers ons ~·ere present who wished to speak in favor of the proposed amend me nts to the Planned Development District reg~:lation s . 8. That the Couunission 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 or in favor of the proposed amendments. 3. That it is proposed that the following provisions be included to address the problems in the Planned Developaant Dietrict, which are mentioned above: a. To allow density averaging. b. To include a destruct clause for a Subdivision Waiver. c. To list additional information needed op the Develop- ment Plat. d, To clearly identify the final approvina body and the procedure for review. e. To list atandarda for the additional d .. ian element• which are needed • • I • - • • • • • • -3- f. To relate administrative change11 to engineering prol>lcuu;. g, To clearly state the procedure for inspection of a Planned Development under construction. h. To include a clause to void an approved Planned De- velopment if construction has not begun efter two years. 4. That the proposed amendments to the Planned Development regulations have been considered in u comprehen11ive munnor Uti pure or the revieion of tho Comprehensive Zoning Ordinance. 5. That the proposed amendments will assist in the efficient administration of the Comprehensive Zoning Ordinance, RECOHMENDATlONS Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed amendments to the Comprehensive Zon ing Ordinance, 122.4-14, Planned Developanent (P, D.) District, be adopted , Upon the vote on a motion made by Mr. Carson and seconded l>y l1 r. Stoel: '!'hose vot ing in favor of the motion were Mrs. Becker, Messrs. Carson, Magnuson, Stoel, Tanguma, Venard, and Barbre. Messrs. Allen and !1 cBrayer were absent. No one voted in opposition to the motion. By Order of the City Planning and Zoning Commission. 11urjori¥CB<lcker Vice-Chairman • I • • - • • • - DRAF'C 3-30-83 3-27-84 SECTION 16.4-15 PLANNlW DEVELOPMENT (P. D,) DIS 'l'RIC'l', 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 conce(>ts of design of urban Lm<l usc. 'i'huuu 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, welfare and convenience in the uroe aml occup an cy of buildings and facilities, 'l'he awenities and co mp atibilities of the Planned Development classification are to be insured ~e UY the adoption of a dev elopment plan, which shall consist of maps, diagrams and written statements setting forth land use relationships and development standards. The Planned Devel op ment classif:l,cation is to be applied to land only upon specific applicat ion by the owner OR OWNERS OF THE LAND er-etsehor!l:eeci-repreeefteetivea-ef efle-bwl\ef' und at ter upp roval by the City Planning and Zoning Commission AND CI 'J:Y COUNCIL . Constructio n on said land shall take place only after the approval of documents have bee n reco rded in the Office of the Clerk and Recorder of Arapahoe County, Colorado. a. Requirements. (1) DEVELOPMENT UNDER the PLANNED DEVELOPMENT District RIGULATION .. y-~e of this ordinance as well as the basic eofttftl ZONE district with which it is combined. Where a conflict occurs between an approved P.D~ and the regulations of the underlying aeftift! ZONE district, the approved P.D. ab&ll preveil, except with regard to permitted uaea, AND dwelling unit density. el\4-eff-ee•eee-pel'ktftl re~tsiremsftt!IT THIS SHALL NOT PRECLUDE DENSITY AVERAGING WITHIN A PLANNED DEVELOPMENT HAVING AN AREA OF 10 ACiBS Oi MORE AND UNDER ONE OWIIiSHIP • • I • • • • • • (2) In order to encourage good design and flexibility, the-SHy P%etM'i:ns-al\tl-i!on'i:ftS-8.elllftltellt&ft-lllll)'-waive all or part of the subdivi sion regulations applicable to the development MAY BE WAIVED, if it is assured that all public improvements and conveniences will be consumated through other documents and agreements. U' PLANNED DEVELOPMENT APPROVAL IS WITH- DRAWN AFTER ANY SUBDIVISION WAIVER HAS BEEN GRANTED, THE WAIVER SHALL BE NULL 1\Nll VO"lll fiNll 'l'll E L'llOL'IJ:ll'l'¥ SUIIL"L Uli: SUUJUC'l' '1'0 'i'L"ll> SUUU!V HilON REGULATIONS. ~et--ifta-etty-P%al\l\'i:ftl-ltfte-iefttaa-eo..teeieft-.. )'-waiva-.p-to-al\e 'i:fte%~e'i:ftl-tweftty-f'i:ve-~ast-pereeftt-ef-ehe-off-etroet-parktftt-••~~tromente ae-estab%'i:ehed-by-6hapter-aaTS-§-of-ehe-iea'i:ftl-9re'i:nafteeT-•~b;aetT-heweverT te-ehe-steneeree-eeea&%'i:ehee-p~••~•ae-to-Seetion-&-~et-of-ehte-6hapterT b.. Pre-Applicat ion Conference, A pre-application conference shall be held with the staff of the Department of Community Development in order for the applicant to become acquainted with the Planned Development procedures and related City requirements. c. Application •. An application for approval of a Planned Development aay SHALL be [il ed by the own(! r u r uwners of the lund, ur-by-tt-pur•un-honrinl-•ut-i:n~ur••~ 'i:n-the-preperty-thet-'i:e-te-be-tae%~eee-'i:a -the-P%aaaee-Baveaop .. atT-P••- v'i:dea-thet-e~eh-epp%'i:eeetoa-ehas%-be-aeoompenioe-by-the-wri:eeaa-a~theriea t'i:en~e~eh-eetioa-sisaee-by-ehe-eVfter-or-eVftare-ef-aei4-laa4T-•••••h•• wteh-a-eeatemene-sigRed-by-the-ewnor-er-ewftere-ehee-ehay-aaraa-ee-ba-be~ae by-ehe-res~t%ee'i:efte-ena-eeneieiefte-whioh-vi%%-be-effeeei.--wi:eh-ehe-epprevea ena-reeeratns-ef-the-Bevelop .. ftt-Paaa. The application ak~tll be made on a form provided by the City and shall be accompanied by plana and written statements showing the following information; I • • • • • • • • J ( 1) Pl'eHIIItftfii'Y-Piane. DEVELOPMENT PLAN. A i'reH:mitttu•y UEVI~I.OI'MEN 'I' Plan showing the major details of the proposed Planned Dovelopouunt ut " scale of not less than 1 11 -50' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed develop- ment. The P•eitatnery DEVELOPMENT Plane must contain, insofar as is applicable, the following minimum information: (u) A Uoundary Survey; (b) 'L'he existing topographic character of the land; (c) The proposed land uses;. (d) The location of all existing and proposed buildings, structures and improvements; (e) The density and type of dwellings, including typical eleva- tions and showing maximum height; (f) The major 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; (gJ The location, height and size of proposed signa, fences, lighting and advertising devices including typical elevations; (hJ Areas whi ch are to be conveyed, dedicated or reeerved for public pur poses, including, but not liwited to: parka and recreational areas, bicycle and pedestrian facilitiea, eeheelsr-p~eite-e~tidtnse EASEMENTS FOR UTILITIES, or other public purposea; (1) Areas sub ject to a 100-year flooding cycle; (j) A general landscape plan with major typea of aateriala designated as to purpose, SOURCE OF WATEa AID TYPE OF SPRINKLING SYSTEM , (k) DRAINA GE PLANS (1) ~ii7 Designation of various stages for conatruction, if applicable • I • • • 4 • • • (m) A MY!.AR OF 'rH~ APPROV~D D~V~LOPMEN'L' l'l.i\N Stli\1.1, Ul!: SUUM1'1"l'IW 110R RECORDING IN 'L'IIE 011JII CU 011 'i 'IIE AIU\l'IIIIOU COUN 'i '¥ CI.I!:HK IINU RECORDER. (2) Written Statement. The written state111ent with the Planned De- velopment application shall contain the following minimum information: ~) A statement of the present ownership and a legal description of a ll of the land included in the Planned Development; (b) An explanation of the objectives to be achieved by the development, including building descriptions, sketches, or elevations as may be necessary to describe tho objectives; (c) A deve lopment schedule indicating the approximate date when constru ction of the development or stages of the development can be expected to begin and to be completed; (d) Copies of any special agreements, conveyances, restrictions, or covenants whic::h will govern the use, main tenance and pro tee tion uf the development and r>ublic urcu11 , (3) The applicant may submit any other information or exhibits deemed pertinent to the evaluation of the proposed Planned Development, d, Review and Approval, (1) Upon receipt of the application , the Department of Co11111unity Development shall be res ponsible for coordinating the review of the development plans by the various City departments and appropriate public agencies culminating in the submission of a11 advilory report and reco .. nda- tion to the City Planning and Zoning Commission. Submission of the report and recommendations shall be accomplished within thirty (30) days after the filing of the complete application, A copy of the advisory report and recommendations shall be furnished to the applicant • I • • • • • • ----------- -5- (2) Within thirty (30) day11 after having received such report, thu Commission, ~peft p~epel' fte&iee; 11hall hold a public hearing on the application, The applicant shall post the property of the proposed Planned Developuaent, in a form prescribed by the Department of Community Development, and THE DEPART- MENT OF COMMUNITY DEVELOPMENT SHALL BE RESPONSIBLE 110R PUBLISHING THE LEGAL NO'L'ICE OF '~Hll l'UilLIC HEAlUNG, eheU she wl'iUeft Reeiee ef ehe pwlt:l:'e lteel'tftiT' ~et WHhu e~ttl:y ~69t eeye hea &he ealte ei lthe PwltUe-l!eaiP~ftiT lthe GHy P:l:an"'"• 8fte a~a,aa "•--'••'•a eftal:l: aeke w~iltltea fia46ft1e •••• .. e~teiaa lte lthe "'*Y Se~Rei:l: eke& &he piPepeeee p:i:eft &e ei&he~ eppl'evedT ee~tdi&4e~te:l::l:y Rppl'eved e• e!eeppl'eveeT A eepy ei eeie i4ft4tftl& eh_.:l: lte iwl'aiehee &e &he app:l:ieeft&T ~he Gilty Se~ftei:l: may ~·~~i•e a P~ltiie Heal'ift& pl'ie• lte &he iifte:i: epp•eval e• dieapp•eva:l: ei &he pl'epeeee P:i:eftfted Beve:l:ep•eftltT ( 3) WIT HI N Tli iHTY (30) DAYS FROM Tim Dh'l'F. OF '1.'111~ PUUl.IC llF.AIUNC, 'l'UJo: CIT Y PLANNI NG AND ZO NI NG COHHIS'i>ION SHALL MAKE WRI1•mN l'INDINGS RIWOM~mNDlNG TO TilE CIT Y COUNCIL 'I'll AT THE PROPOSED PT.AN IS ln'l'lllm Al'l'IWVIm, CONDI 'l'lONAI.l.Y 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 '!'liE Al'l'LICAN T '!'O(;E'!'ll ER WI'l'U THE liiNDINGS SE'l"riNG FORTH l'HE REASON FOR DIS- APPROVAL. THE APPL I CANT HAY HAKE THE NECESSARY REVISION AND RESUBMIT TO THE CI TY PL ANNI NG COMM ISSION , OR TH E DECISION OF 'rHE CITY PLANNING COMMISSION HAY BE AP PE ALE D TO THE CITY COUNCIL BY THE APPLICANT. A SECOND PUBLIC HEARING SHALL NOT BE RE QUIRED BY THE CI TY PLANNING COMMISSION ON THE REVISIONS, THE CITY COUNC IL AT ITS DISCRETION MAY REQUIRE A PUBLIC HBAiiNG PRIOR 'r O CO NSI DERATION OF THE PROPOSED PLANNED DEVELOPMENT. SUCH HIAaiNG SHALL BE SCHEDULED IN A TIMELY MANNEi, Within thirty (30) days followina the CITY COUNCIL'S public hearing, if held, or within t hirty (30) daya followina receipt of the Planning • I • • • • • • I.J Commission reconunenuution, if no hearing is helu, the City Council t~lau J..I make findings either app roving, conditionally approving, or ui •wpproving the proposed plan, A copy of said findings shall be furnished to the applicant. IF THE CITY COUNCIL FINDS THAT A PLAN IS DISAPPROVED, '!'HE APPLICANT SHALL BE GIVEN THE REASONS FOR THE DISAPPROVAL. THE APPLICANT MAY MAKE ANY NECESSARY CORRECTIONS AND RESUMBIT THE CORRECTED PLAN, (4) A.H: '!'li~ approved ehe-p1efte-h•-Pil:aftfted 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. (5) Any person applying to the cour~s for a review of .any decision made under the terms of this Chapter shall DO SO epp%y-for-reYiew within thirty (30) days ef~e• OF the date of THE decision and shall be required to pay the coat of preparing a transcript of proceedings and the application for review shall be in the nature of certiorari under Rule 106 (a) (4) of the Colorau o Rules of Civil Procedure , e. Standards, Before approving a Planned Development, the approving agency shall make written findings that the Planned Development will implement the purposes of this Ord inance and of this Chapter, and, in addition, meet the following requirements: (1) ~Permitted, The ~•e• USE in the Planned Development must be Upel'~i~~ee-ey-•is h~U A PERMITTED PRINCIPAL USE IN THE ZONE DISTRICT IN ~IHICH THE PLANNED D~VELOPMENT IS LOCATED OR A USE PERMITTED PURSUANT TO OTHER PROVISIONS OF THIS ORDINANCE INCLUDING ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS.or-eppl'bYed-ee-Uper•ieeee-ey-epeeiel-•eYiewU-ia-•he ie~te-B*•e•*•e-*n-whieh-ehe-Paeaae4-&ev.~,..a•-••-~ee .. 4Y (2) The Planneu Development is consistent with the intent of the Comprehensive Plan and the policies therein, • I • • • • • - (3) The Planned Development 1 11 relution11hip to 1t11 surrounuing shull be considered in order to avoid adverse effects to the exi11ting anu pu~;lliblc future development caused by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy. (4) 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 minimum usable open space requirements if ~he-6e..teaiea IT IS eeee•.taee DETERMINED that such areas will meet the following requirements: (a) The area will be of sufficient size to adequately serve the entire development for which it is designed. (b) The area is accessible and available to all of the occupants ••-ewelltas-~at~• for whose use it is intended. (c) The area wiU-Ite-ttaee-eae-ie SHALL BE suitable AND SHALL BE USED for eeeaieT·landscaping, AND recreational ••-ell-ei-~he ttfere nte u~itnted purposes. Cs) The number of off-street parking spaces in the proposed develop- ment shall not be less than the requirements of Section ___ 1_6_._s ____ of this Ordinance, provided, hows vsr, that the CITY COUNCIL KAY, UPON THE RECOMMENDA- TION 01' TilE Planning an d :t.oning Cotwuission, ••Y waive up to and including twenty-five (25) percent of said requirements in any aeaee ZONE district, if one or more of the foll owing factors are found to exist: (a) The probable number of automobiles owned or used by occupants of AND VIS IT ORSTO the proposed development will be leas than typically found in similar developments, .· (b) The parking naada of non-reeidantial u .. a will lesaan the overal l parking needs of the develop .. nt • I • • ,- ( • 8 • • • (c) Varying time periods of uaage by mixed uses in the develop- ment will lessen overall parking requirementa. (d) ''rhe property ownera will participate in a --·~··~,. parking district which will adequately meet the off-street parking needs of the development. (6) .!!!! Planning. The approving aseftey ACENCIUS shall l>e snc:lsf:lcd thnl' the site plan for the Planned Development meets all of the following requirements: (a) ifte-P~eftaeo-9e¥S*•P .. "•-~••-ee-p*eaaeo-ia-•e*••••aehip-ee t:ne-osu l'l'otsndinas-eu•etty-ttfttl-aatute-be-1antleeapetiT--Ift-lltldieiel\y ehe-ei~e-p*aft-~a•-eeft•etR-e-ai-iee•-•~•ie•-•••tp-iR-efty prepesed-deve1epaaefte-whteh-wi11-iRe1tttle-~1l!ipla-ieaily-e• "e"-•esieeft•ial-8ttiloiftl8-e•-•••~••~•ee-whieh-ie-etl;aeeae ee-a-siRs1a-ieai~y-•eeieeaeie*-~••-eiae•ietT--ihe-e•iie• ee•ip-she~l-ee-kept-E•ee-ei-e~ilaiRSa-e•-•••••••••a-efto-•••• be-leRdseepeey-ee•eeaeay-e•-p•eteetee-ey-ft8••••*-••••••••T se-eha~-adve•ee-eiieeee-ea-•~••••aaiftl-•••••-e .. -aiataieedt IF THE PROP OSED DEVELOPMENT INCLUDES MULTIPLE FAMILY OR NONRESlDENTI I\L BUILDINGS OR STRUCTURES AND IT IS ADJACEN 'l' TO A SINGLE-FAMILY RESIDENTIAL USB DISTRICT, THE DIVBLOPMBNT MUST CONTAIN A BUFFER. IN ORDER TO MINIMIZE ANY ADVERSE EFFECTS ON THE ADJACENT SINGLE-FAMILY ARIA, THE BUFFER SHALL BE A TW ENTY-FIVE (25 ) FOOT LANDSCAPED AREA OR AN OPAQUE SIX FOOT (6') DECORATIVE FENCE. ~b) Within the Planned Development, epeeiftl SUP~ICIKNT SPACE must be provided between buildinas &Qd structurea, &ivina consideration to their intended use, their location, design and hei&ht, the plac ... nt and extant of factna window areas, and the topoaraphy and such other natural feature• as will assure privacy en4 e pleaaaat eaviraa.ent; I • • 9 • ( • • • • (c) If the area of the development is such Chat an internal street circulation system is necessary, such sy:;tcm ~>hall be designed for the type of traffic THAT WILL ee be generated, and all curbs at entrances and other access pointe shall have ramps to facilitate access for THE HANDICAPPED AND FOR bicycles. aae-naaeteappedT All Planned Developments must have access to public streets. Private, internal streets may be permitted if they eea-~e-~eee-ey-pe*tee-aae-ft~e eepa~emeae-Yahte*ee-fe~-a .. ~seaey-p~~peaee COMPLY WITH CITY STANDARDS. (d) Bicycle and pedestrian trails are to be provided where the city bicycle and/or trail plan or the Regional Bicycle Transportation Plan ahows auch trail or trail corridor. Trail or walkway systems or lanes are to be provided, where feasible, to schools, shopping areas, parke, greenbelts and other f a cilities as necessary. Trail systems and wnlkwuy10 through open space areas are encouraged as an alternate to pedestrian sidewalk requirements and may be uaed upon approval by the City providing the following criteria are met: (1 ) Tile s ystem provides at least the same level of aervice as would the applicable sidewalk requirement. (2) Eas eme nts or open waya are plotted and dedicated to the system. (3) Trails or walkways are either paved, treated or conatructed from selected material to provide a auitable all-weather surface that 11 eaaily maintained . Tbe type of construction shall be compatible wiht the anticipated uee. (4) A per petual association or corporation or other suitable means is eatabliehed for maintenance • I • - ( • 10 • • • (5) l'edestrian walkways and bicycle trails are not combined. (6) Where the area considered for Planned Development is less than 5 acres, bicycle trails are not required. (e:) The site plan shall provide for the maxiliiUm preservation of natural drainage areas, vegetation and other desirable natural features. f, Development in Stages. The approving ezeaey AGENCIES may authorize the implementation of ~ht: u!!vt:lupmen~ plan lu scages. However, A'J: 'J:I"IE 'J:lME 0~' CONS'l'llUC'J:lON OF 'J:I"IE FIRST STAGE ier-eaeh-a~eheriaee-eeaae of planned development, any private or public ~ark-eree-ee-b e-e eftveyedT-dedieaeedT-er-reeervedT RECREATIONAL FACILITIES REQUIRED BY THE DEVEL OPME NT PLAN shall be ei-ettiUeieftt-ebe CONS 'rRUCTED to serve the dwelling un it density ~.er-ehee-eeese-er-ei-ettiiieieae-eiee-ee-eerve ~he-dwellift8-ttftit-deftsi~y for the entire development. ~f-ehe-eenveyaneeT dtd±ts~±sft-e~-~eservscisR-ef-ehe-pttblie-er-priveee-park-eree -ie-aeeaeeT s~eh-~ark -area -ehall-be-l eeeeed-ift-thae-pere-ei-ehe-Pienaee-Bevecep.aae iftelttdee-ift-thee-aeeseT-er-eieevhere-in-ehe-Pieaaee-Be~•*ep .. ae-ee-e-ieeaeiea aeeeseible-ee-ehe-dwett±ftl -ttftit-ee-ba-~rovided-in-ehae-eeefeT g. Changes in the Development Plan. Except as provided hereafter, no changea may be made in the approved Planned Development during ita implementation! (1) Minor changes in the location, eeeeift&T-heiahe-er-ehereeer of buildings and structures may be authorized by the Director of Community Development if required by engineering or other circumatanc~~ not foreseen at the time the development program was approved, No chanae authoriaad by the Director of Community Development under this Section may increase the aile DENSITY of any-e~~i~iaa-e•-•e•~et•~-~y-ae .. -theft-iive-~it-p••eeftt THE DEVELOPMENT, nor change the location of any buildina o~ atructure by more than • I • • -• • • 11 ~eR-tiBt-iee~~ift-&fty-ut~eeeteftt 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 is closer to any side or front property line than • was approved on the Development Plan. (2) All other ch unges in the Planned Dovclopancnt Plan, including changes in the site plan and in the development schedule, n~st be n~de under the procedures that are applicable to the initial approval of a Planned Development. h. ARR~<tol l<t<¥i.ew ltl!:Vli!:W l'OR CONl'ORMANCI!:. A~-iea~t-enee-every-twe~ve-t~at-aentheT The Department of Community Developmen t shall review all building permits which have been issued for th e Planned Developme nt and shall examine the construction which has taken pl ac e on the site TO lNS URE CONFQRMANCE WITH THE APPROVED DEVELOPMENT PLAN. ~h e-Sireeeer-ef-Semm~<R±cy-Beveiepmeftt-eheii-make-e-~epe~e-ei-efty-viele~iefte ef-che-previetefte-ef-eh±a-Shepter-e~-ei-the-terae-efte-eeaeieieae-ei-ehe Bevelapmeftt-PlaR-apprevei-ea-ehe-Plaftaina-SeaaieeieRT-eae-•he-Geaaieeiea ehall-held-a-hea~iftl-eH-the-repere-ei-viela•••••-•~••••••e-ey-•h•-ai••••••T ll a vi Rg -I' if' ee-1\iYeft -w f ± u ~e R-Hetiee-ee-l!he-Pla 1\Reti-Bevallfttatteftl!-tippliuttft\; -tt ftti all-ewnera-ei-ae~<l!ting-prepewtyT--Ypen-weview-ei-•he-elleaee-vtele•••••T ~ha-Ge .. ieeiea-aayT-ii-it-eeeae-aeeeeeeWyT-We~~··•-•ha•-appwepw'••e-ae•••• B8-1!8K8ft-t8-P8.8Sy-th8-Yt8le.t8ft8T--if-e~8ft-88.,8ft-t8-ft8·-··--·-·J--ft8 applieafte-withiH-I!h:l:rey-f~97-eeyeT-••-ii-the-Geaa•••ieR-ee••••••••-•h••-•~ ie-Reeeaaary-ta-amend-er-meetiy-•fte-Bevelep .. a•-PleaT-•h•-6•--'•••••-.. J ameftdT-med:l:~y-er-reveke-ehe-appwevel-et-•he-Bevelepaea•-P*~'-atv•aa-w•••~•• iiftetft!S-tftetaiewT IF THE CONSTRUCTION IS NOT IN CONPOIMANCI WITR THE APPROVED DEVELOPMENT PLAN, A STOP WORK ORDER SHALL BE PLACED ON ALL CONSTRUCTION UNTIL SUCH TIME AS THE DISCREPANCIES ARE RESOLVED. IF IT IS NOT BROUGHT INTO CONFORMANCE WITH THE APPROVED DEVELOPMENT PLAN WITHIN THIRTY (30) nAYS, I • • • • • . THE DEPARTMENT SHALL IU~POR'l' THE VIOLA'l'ION AND 'i'HE 'i'EHMS AND CONOI'i'IONS 01<' (t 111P. APPROVIlD DIWET.OPMEN'l' PLAN 'i'O 'l'l-m PLANNING COMMISSION. 'i'IIE lXlMMUi~J.ON SHALL GIVE WRITTEN NOTICE TO THE PLANNED DEVELOPMEN'l' APPLICAN'l' AND ALL 'i'HE OWNERS ABUTTING THE PLANNED DEVELOPMEN'i' AND SHALL HOLD A l'UIILIC llll:AIUNC ON THE REPORT OF VIOLATIONS SUBMITTED BY THE DEPAilTMENT. UPON REVIEW OF THE ALLEGED VIOLATIONS, THE COMMISSION MAY. IF IT DEEMS NECESSARY, REQUIRE THAT APPROPRIATE AC'l'ION BE TAKEN TO llEMEDY THE VIOLATIONS. THE COMMISSION MAY APPROVE SUCH AMENDMENTS AND MODIFY TilE APPROVED DEVELOPMENT PLAN. IF THE AMENDMENTS OR MODIFICATIONS AilE NOT APPROVED, THE APPLICANT SHALL BRING THE PROJECT INTO CONFOHMANCE, OR THE COMMISSION SHALl. IUWOKE 'i'HE APPROVAL OF THE PLANNED DEVELOPMENT GIVING WRITTEN FINDING THEREFOR. i, ANNUAL REVIEH. IF APPLICATION FO R BUILDING PERMITS HAS NOT BEEN MADE WITHIN TWO (2) YEARS OF PLANNED DEVELOPMENT APPROVAL, 'i'HE APPLICANT SHALL liE NO'i'Il'IEO IN •' \·IHITING AND REQUESTED TO GIVE CAUSE :.IHY 'rHE PLANNED DEVELOl'MEN'i' APPltOVAL SII I\J.L NOT Ji ll HI 'J'I-If)RM/N IIY 'l'llll CI'l'Y l'LANNINC COMMISSION. Ii' 'l'IIE OW NEll OOES NOT RESPOND WITHIN SIXTY (60) DAYS, THE CITY PLANNING COMMISSION MAY WITHDRAW THE PLANNED DEVEL OPMENT APPROVAL, THE APPROVED DEVELOPMENT PLAN SHALL BE DECLARED NULL AND VOID BY THE PLANNING COMMISSION AND WRITTEN NO'l'lCU SHALL llE GIVEN TO THE PROPER'L'Y OWNER. ANY SUDSEQUEN 'r PLANNED DEVELOP- 11ENT SHALL COMPLY WITH THE PROCRDURE SET FORTH ABOVE. j . Completion of the Planned Development. Upon the completion of the Planned Development, the Director of Community Development shall iasue a certificate for the Planned Development certifying the completion and shall nota the ieeuance of the .. certificate on an off ice copy of the official Zoning Map and on the Site Plan. After completion, the uea of land and the conetruction, modification, or alteration of any buildings within the Planned Development will be aoverned by the approved Develo pme nt Plan • I • • • ' • • • • • k, Fee,.· The City Co~ncil may establish a fee schedule for Planned Development applications to cover the costs of proceasina and review. 1. Approving Agency. As used in this Chapter, "Approvina A&ency" shall mean the City Ph~tfti:ftg Bftci-ienifta-6elllllltadeft COUNCIL ACTING AFTRR IIAVING RIWIRWim 'l'lll( IU(COHMENUA'L':WN OF THE CITY PLANNING AND ZONING COMMISSION. ~~ -by -Ol"~ ~ .J..7-. i~•• et •e~a ... ~ DEFINITION OF DENSITY AVERAGING, DENSI'l'Y AVERAGING IS '!'HA'£ PROCESS UNDER WHICH COMMON OPEN SPACE IS PRESERVED OR LOWER DENSITY IS PROVIDED IN ONE AREA OF A PLANNED DEVELOPMENT AND EXCHANGED FOR INCREASED DENSI'l'IES IN ANO'L'H.t:R AREA OF 'L'HE SAME PLANNED DEVELOPMENT. NOTE: In order to bring the Comprehensive Zenina Ordinance under the 1969 Enalewood Municipal Code, as amended, "Title 16" hu been aaai&ned to the. umcnu ruuu ts being uwue to the Ordinance, 'L'hia replaces "'L'itle 22" of the 1962 Englewood Municipal Code, • I • • • • • • EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES & OVER & UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY -I ,000 DWELLING UNITS Q -5 ACRE. l'ARCiii I-: 'OEVfL.OPE.'I:;) lrt.'T A l:>E.NS 1-rf OF' "l DW~U.IMC. UNIT~ "Pe.R AC.RE. :. SS OW~LLING cJN IT~ UA'IINO 1Go5' DW~.'-ING !.WIT~ "R!.~RVt:D 00 -'5 AcRe. 'PA.~CEL~ 'DEV£1.0PI!i[:) AT A 't>E.l-4~1T'"I OF I{ 'DWE.LL.lNC:. Ut41i~ PEFZ. AC!.~E. "' /0 O'NE.LL.I NG. UN\~ LE~VtNG 1~0 'DW EL.L.INO UNI'~ RE'5EI<V£l gggQ-/5 ACil..E.. "P"ti.C.E.L: DE.'IELoP'E.P ..._T Itt. D~rr( OF 40 "P'NE.LL /N6 UNIT"b ?E-'l't. Ac'RL:!. ~ 't)\Ne.L.L.INC:t UNl~ PLU~ Z.95" DWE.LLI"C7 L>Nir~ RE~E.Rv€D 'F~M THE. 2. '1'1'1~ At!ll.e,. "PtJitrloN~ IIF T+U:.:: TOTAL. ot= ~5 ;DWf!.WN6 UNI~ 1\L-~WE.D DEVELOPED UNDER R-3 ZONING ~~ACIIt. PA.~I!.L.. ~HSITY : ~ 0 'OWI!L.U).jG tJN IT P~ AC!R:£.. IF 'OE.vea.:.o'P£D UlUL..D HAve: llOOO OW~ \...I.-IN Ci. UN 1~ . I . • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 2, 1984 AGENDA ITEM B SUBJECT Proposed Amendment to the Com- prehensive Zoning Ordinance, §22./o-16, De s i !'." Guidelines for the South Broadwa Incentiv e Area. INITIATED BY City Planning and Zoning Commission. ACT I ON PROPOSED Receive the recommendation of the Planning Commission relative to certain amendments to the Comprehensive Zoning Ordinance, and request the City Attorney to re are an ordinance in re aration of a Public Hearin • INTRODUCTION AND BACKGROUND: The 1979 Comprehensive Plan, adopted by City Council Resolution No. 49, Series of 1979, identifies specific goals for the City and courses of action to be taken to implement those goals. The Planning Coounission, through its work program, has pro- ceeded to address the courses of action for implementation of the goals. The pro- posed revision of the Design Guidelines for the South Broadway Incentive Area is a result of the Comprehensive Plan . The Comprehensive Zoning Ordinance, adopted by City Council Ordinance No. 26, Series of 1963, is in need of comprehensive revision. The Planning Commission is considering each section of the ordinance rather than the entire zoning ordinance to efficiently handle the comprehensive revisions. The proposed revisions were developed by the Planning Commission and staff following several meetings and taking into consideration the experience of applying these regulations to the South Broadway Incentive Area. The Planning Commission considered the proposed revisions at a Public Hearing on April 3, 1984. There was no one present at the Hearing to address the Commission in favor of the proposed amendments to the Design Guidelines, nor was anyone present to address the Commission in opposition to the proposed amendments. RECOMMENDATION: The Planning Commi s sion recommends to City Council that the proposed amendments to the Design Guidelines for the South Broadway Incentive Area, 122.4-16, be approved; further that the City Attorney be requested to prepare an ordinance for the proposed amendments to the Comprehensive Zoning Ordinance, and that a Public Hearing be scheduled. • I • • • • • CITY PLANNING AND ZONING COMMISSION ~NCL~WOOU, COLOlU.UO IN THE MATTER OF CASE NO, 17-84, ) FINDINGS OF FACT, CONCLUSIONS, ) AND RECOMMENDATIONS RELATING TO ) AN AMENDMENT TO 122.4-16 DESIGN ) CUIDP.LINJIS POR '1'1111 SOU'i'll IIHOI\IlWI\Y ) INCENTIVE AREA OF THE COMPREHEN-) SIVE ZONING ORDINANCE, ORDINANCE ) NO, 26, SERIES OF 1963, CITY OF ) ENGLEWOOD, COLORADO; WHICH AMEND-) MENT PERTAINS TO THE SPECIFIC ) REGULATIONS RELATIVE TO THE ) DESIGN CUIDET.INP.S, ) A Public Hearing was held on April 3, 1984, in connection with Case No . 17-84 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Mr. Barbre, Mr. Tanguma, Mr. Carson, Mr.Magnuson, Mrs. Becker, l1r, Steel and Mr. Venard, Mr. McBrayer and Mr. Allen were absent, Upun rt•Vll!w uf tlol! l!Vidl!lll!l! tulu,u .lu till! fue111 uf tl!>Jt.lu•uuy, presentations, reports, and the draft of the proposed Design Guidelines amendments, the Ci~y 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 March 14, 1984, 2. '!'hat the Comprehensive Zoning Ordinance was adopted by Ordinance No, 26, Series of 1963, 3. That a goal of the Comprehensive Plan which was adopted by Council Resolution No, 49, Series of 1979, was to revitalise the South Broadway retail area and more specifically to renovate the front and rear facades of the existing structures along South Broadway. 4. That upon the recommendation of City Planning and Zoning Commission, the City Council adopted the Design Guidelinea for the South Broadway Incentive Area by Ordinance 43, Seriea of 1983, on September 7, 1983, •• 5, That in working with the present Design Guidelines, it has become apparent that discrepanciee exist and soae davelopaent iaauaa are not properly addressed, 6, That the development issues that must be addreased are a result of experience gained in the adminietretion of the Cuidelinea over the past six months are1 • I • - f ' • • • • -2- The DesiGn Guidelines were not intended to ~;c c f u ~:c h design criteria for construction of new buildings for an entire block, but were intended to guide new c on- struction of infill projects only, New construction plans have been received by the Department of Community Development for the entire west side of the 3300 block of South Broadway. In applying the Design Cuidelinefl to 1uajo r now projoc cu within the redevelopment area, they become too restrictiv e . 7, That the intent and goal of the Design Guidelines is to develop a positive image for the area and create a framework for archi- t ec t ural compatability. B. That new development, which is not infill and on a la r ger devclopme nt sit e than i nfill deve l op me n t , will f ulfill the inten t un u create the imag e intended for the Englewood Central Busineas District. 9 . That other City regula tion s and t h e development a g r eeme n t exist ~1hich create th e fr ame work for architec t ur al compatibility for con- struction projects on sites larger t han infill dev elopment. 10. That no pe r s on s we re present who wished to speak in opposition to the: proposed ame nd ments t o t~e Design Guidelines. 11 . That no per sons we re pr esent who wi shed to speak in f a vor of the proposed nmcndmcnts to the Pcsign Cui.delino>J, 12. That the Commiss ion co nsider e d the a mendments in an effort to address the issues outlined a bo v e . CO NCLUS I ON l.. '!'hut propcr notice of the l'ublic Hearing was giv en. 2. That no persons spoke in opposition to, o r i n favo r o f , the proposed amendments, 3. That in an effort to addreaa the problema 1n the Delian Guidelines the following issues were diacuaaed: Building height regulations are too restrictive for new development, Design criteria for construction of new buildings should not be subject to the standards applied'to exiatin& buildings, 4, That the proposed amendments will facilitate adainiatration of the Design Guidelines and consequently the redevelopaant of the Down-town. • I • • - ( • • • • • • -3- RECOMMI~NDA'l'ION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed amendments to the Comprehensive Zoning Ordinance, 122.4-16 Design Guidelines for the South Broadway Incentive Area, be adopted. Upon the vote on a motion made at the meeting of the City Planning and Zoning Commission on April 3, 1984, by Hr. Carson and seconded by Mr. Venard. Those voting in favor of the motion: Messrs. Stoel, Tanguma, Venard, Barbre, Ceraon, Hagnuaon, and Mrs. Becker. No one voted in opposition to the motion. Messrs. Allen and McBrayer were absent . lly Order of the City Planning and Zoning Couunilision. !1arj ori I:·. necke;- Vice-Chairman • I • • - • • • • April 25, 19!14 April 11, 1981, February 15, 1YB4 Section 16,4-11 Design Guidelines for the REHABILITATION OF EXISTING BUILDING S 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 an<l thu gngluwuod Duwntuwn Redevelopment Plan as they pertain to that portion of South Broadway in the 3200 through 3500 blocks which shall be referred to as the South Broadway Incentive Area. 'L'hu 1;uuth Urou<.lwuy lnccnt:l.vu Acuu (1;,1l.l.A.) :1.,; cruutc<.l :l.n unlul· to develop a positive image for this area which will encourage new businesses and to create the framework for redevelopment of existing structures through architectural compatibility to provide better insight into the design as- pects of existing buildings and. the potential of properties along South llroad1~ay. To th is end, criteria by which individual properties can be re- devuloped or restore<.l are herein sec forth: (1) Reestablish and unify the building facade character through emphasis on original construction materials and structural moclules, (2) Remove unnecessary visual clutter from the buildings not consistent with the original construction. (3) Improve the quality of the pedestrian experience along Broadway. (4) Reestablish upper level office and residential uses. (5) Facilitate pedestrian access to Broadway f~om parkin& 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 th.., Uirl.!ctuL· of Community Development or her designee for conforn1ance 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. l~acaue/ Design Criteria, (1) General Facade Zone. (a) Window sill zone -2 feet to 3 feet 6 inches from ground level, (b) Display zone -Window area between window sill and first floor ceiling level. (c) Signage zone -From first floor ceiling to second floor window sill level, IF THERE IS NO SECOND FLOOR, TilE S!CN- AGE ZONE SHALL BE FROM TilE FIRS'l' FLOOR CIUl.INC '1'0 TilE 'l'OP 01 1 'l'IIE PARAl'E'l' WALL. (d) Upper floor commercial/residential zone -Second floor window sill to top floor ceiling. (e) Architectural roofline zone -From top floor ceilina to top of parapet, (2) Design criteria for uparading and restorina exiatina front facades. (a) Facade exterior, 1. The renovation of existina facades shall r .. pect the relationship of first floor store fronts end upper stories and shall ba consistent with the oriainal architectural character. 2, The removal or alteration of any historical or dis- tinctive architectural datailina shall ba aveiee4 DISCOURAGED. • • I • • - • • • • • -3- Recouunended 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 acale of adjacent buildinaa. 2. Overall height l.ii limited to four stories maxiwUAI, (c) Setbacks, 1 . Mandatory 0 foot setback wherever possible. 2 • On buildings two atories and above, a 12 foot first floor setback for weather protection ia encouraaed. (d) Architectural projectiona into ri&ht-of-way, 1. Unleaa otherwiae permitted, no n6w .. tal canopiea, roof overhanaa, or other pe~eot architectural elements may project into the ri&ht-of-way, Canvaa awninaa are encouraaed • • I • • • • • -4- 2, No structural eleuacnc may p·rojccc luto L'l!lht-uf- way. (e) Signage, 1, In addition to the Englewood sign requirements 2. specified in Section 1.6.8 of the Comprehensive Zoning Ordinance, the following requirements shall also apply to the South Broadway Incentive Area. In the event that theee requirements and those of the more general Sign Code reqlliromcnts confl.:lcc, ~he me•e •••ift88ft• THESE regulations shall apply, a. Wall signs shall only be located in the sign b. c. zone. Projecting signs shall only be located in the sign zone and shall be no larger than 12 square feet per fuce und 24 square feet tot11l , Signs painted on windows shall be permitted in windows above the first floor and shall identify the business located on the premises only, d, PleKtlleee, ... ..._.., 6*e .... e .. 4 •• •••klt• eigfte eheee ae p•eniai.e4y •• INDIVIDUAL LETTUS SHALL BE nlE ONLY . 'TY!E OF INTERNALLY ILLIJKINATED OB. BACKLIT SIGN PBB.- MITTID. BANNERS WHICH DO NOT CONTAI'Ii COMKIB.CIAL AD- VUTISING SHALL II PIINITl'ID WHU USID FOB. DECOiATIVE PUB.POSBS, ANY SIGN WHICH WAS LAWPULLY BUCTID AND MAINTAINED • I • • - • (f) r (. • • • -5- PRIOR TO TilE IWI~EC'I'IVI~ DA'I'I! OJ~ 'l'IIIS ORDINANCE, IIU 'J' WHICH DOES NOT CONFORM TO THE LIMITA'riONS ES'£AULISilEO BY THIS ORDINANCE, SHALL Bi!: A NONCONFOI~ING SIGN, AND MUST BE BROUGHT INTO CONFORMANCE OR TERMINATED AND CEASE TO EXIST IF ANY ONE OF 'I'HE FOLLOWING CON- UUIONS OCCUR: A, WHENEVER THI!: SIGN IS DAMAGED MORI!: THAN 504 OF ITS TOTAL REPLACEMENT VALUE, OR DESTROYED FROM ANY CAUSE WHATSOEVER, OR BECOMES OBSOJ.E:TF. OR SUBSTANDARD UNDER ANY APPLICABLE ORDINANCE OF THE MUNICIPALITY, TO THE EXTENT THAT THE SIGN BECOMES A HAZARD OR A DANGER. B. WHENEVER THE OWNERSIIIP OF 'l'lm PROPf.R'l''l CIIANCES ON WHICH THE SIGN IS J.OCA'l'RD, C. WIIENIWgR Tlllmll IS A CIIANC!l IN 'l'UJo: 1.1\S~I\Jo:, OWNERSHIP OF THE BUSINESS OR USE TO WHICH THE SIGN PERTAINS. D. WHENEVER THEilE IS A REQUEST HADE FOR A PERMIT '1'0 CHANG!!: '!'HE SIGN. E. WHENEVER THERE IS A REQUEST FOR A PERMIT TO MAKE IMPROVEMENTS TO THE FACADE OF THE BUILDING ON WHICH THE SIGN IS LOCATED, APPEALS SHALL BE HANDLED IN THE MANNER SPECIFIED IN SECTION 16,8 OF THE SIGN CODE • Awnings, . · l. Two typu of canvu awninaa a hall ba uaad 1 a . Individual awnings located at entriea to ahopa and aecond a tory windowa, • I • - ( ( • • • • • • -6- b. Large awnings covering thu <.!ntlr" uulldlng frontage. 2, Awnings shall be attached below the sign :tone. 3, Awnings are permitted over windows on upper floors, 4. Maximum depth of awnings shall be 8 feet, 5. Color scheme of awnings shall complement the colora of the equipment. (g) Mechanical equipment, 1. Mechanical equipment projecting fro1R fncndc :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 fucade of the builuing. (3) Upgrading and restoring facades of rear of buildings. (a) Rear fucades shall be coordinut:eu with colot' of ft'ont facade through painting with a limited palette of earth tone colors. (b) All paving at rear of buildings shall be asphalt OR CONCltE'L'I! except: at pass throughs where apecial paving such as brick, tile or block pattern shall be uaed, (c) Consolidate and screen all aervice areas (trash, etc.) with noncombustible material • .· • I • • - r I • • • • • -7- 'tl-;----~pr-GM-t-eri-e-.f._--~~-'4M-~WiAttli .- (-i-1--i'ft-'ttti~H.-t-L-etr-t-e-~..e-e..~-alllli.~ i.wAal -ataAIIar~~ -been-~-t-e-1.-ft&tK-e--t.fte...~ irei~~~~ da••o.l.g.p- ment-~ e~etet :l:fti"~1K'fllth (-at--~=nrt.--oecm--et-"'ria'trt=of _,...-i-J:nt!--0--{'tlt)-l'-~Hli>k -ettOef*--et.-~~~~~- {.o-)--~~iol-lli ~..b&c.k..-Uom. property .l..i.na..~ ~-bo-~-l>u.t-~-bG-.on.-01-M~~-~ ~~~~(:1) (:1):1 .£o.lp.~ li~;t ~ (+)--~~-on-5111~£-ll&y ~-Aitit••ta ~~ ..,__~-bu-~:W.irntt-eu•ia--w.-... ~~ 4a~~ ~ : ~~).--h~Wifttt_..~ .. ~~4Xaeell-4 gee'&:6 .. -Ja•1rtb~ ........ --.-.. ...e-~r.~-:.a.c.~sea riallt~y. .. I • • - NOTE: ( • ~I • • • • -8- In order to bring the Comprehensive Zoning Ordinance under the 1969 Englewood Municipal Code, as amended, "'fitle 16" has been assigned to the amendments being made to the Ordinance. This re- places "Title 22" of the 1962 Englewood Municipal Code. I • -• • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N / ' / DATE May 1, 1984 AGENDA ITEM eoG SUBJECT Southgate Sanitation District Supplement 11 98 INITIATED BY ________ E_ng~l_e_w_oo_d __ W_a_te_r __ a_nd __ S_e_we_r __ B_o_ar_d ____________________ ___ ACTION PROPOSED, ______ A~p~pr_o_v_a_l_o_f __ So_u_t_h~g-at_e __ s_an_i_t_a_t_io_n __ D_is_t_r_i_ct ____________ ___ Supplement #98 BACKGROUND A request was made by the Southgate Sanitation District representing the owner/developer for annexation to the Southgate Sanitation District area. Inclusion of this land does not in~rease the tap allocation to the Southgate ( Sanitation District. a . The subject land parcel is approximately 1 acre. The existing zoning is R-1 with no change proposed. This request is for construction of a new residence , requiring one tap. b. Leg a 1 : Lot 3, Block 6, Harbold Acres, also known as 5661 S. Newport St., Englewood, CO 80111. c. o~mers: ~lilliam N. and Billie K. Maniatis FINANCIAL DETAILS None. RECOMMENDATION At the April 10, 1984 meeting the Water and Sewer Board recommended that the City Council approve the annexation of the property descr1bed in Supplement #98 to the Southgate Sanitation District. --------------------------------------------------------------------------·· I • • - ( ct • • • • • ATT . 3 SUPPLEMP.NT NO. _tt_ TO CONNEC1'0R' S AGRP.EMEN~' TlUS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly autho- riaed Mayor and City Clerk, hereinafter referred to as "City", and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter referred to as "DistricV', WU'NESSE'fll: WHEREAS, on the 20th day of June, A.D. 1961, the City entered into a Connector's Agreement with the District concerning the connection of the District sewer collection facilities to the City's sewage system, which Connector's Ayracmc:nl was modified and amended by agreemenL elated the 4th day of April, 19661 and WHEREAS, said agreement and modification thereof provided that additional service areas could be included within the limits of the Diatrict with the written conaent of the City; NOW THEREFORE, in consideration of the premises and of the mutual covenants of the parties hereto, it is agreed as follows: l. 'fhe City does hereby consent to the inclusion of the additional area, situate in the County of Arapahoe, State of Colorado described as followa, to-wit: Property OWnera: Property Description: William N. and Billie K. Maniatia Lot 3, Block 6, Harbold Acres, Arapahoe County, Colorado, alao known as 5661 So. Newport St., Englewood, CO 60111 into Southgate Sanitation District, and agree• that aaid additional area may be served with the sewer facilities of the District, and that the City will treat the sewage dis- charged into the City's trunk line from said additional area, all in accordance with the Connector'• Agreement dated June 20, 1961, and the modification thereof dated the 4th day of April, 1966, between the City and the District. Accordingly, txhibit A referred to in paragraph l of the • I • • ( • • • • Accorclingly, Exhibit 1\ referred to in paragrnoh 1 of the Modification to the Connector's Agreement dated the 4th day of April, 1966, is hereby amended to include the additional area as set forth hereinabove. 2. Each and every other provision of the Modification to the Connector's Agreement dated the 4th day of April, 1966, shall remain unchanged . IN WITNESS WHEREOF, the parties have caused their names and reals Lube hereunto sub!:lccibed and affixed Lhis day of -------------------· 1904. ATTEST: CITY CLERK ( S E II I. ) ATTEST: By __ rSE~C~R~E~T~A~R~y------------- ( S E A L ) -~ - MAYOR SOUTHGATE SANITATION DISTRICT 1\RIIP/\IIOE AND I>OUGI.I\S COUN'I'IES, COLORADO By __ P~RE~S~I~D~E~N=T~----------------- • I • • • C 0 U N C I L DATE May 1, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT ud:J Southgate Sanitation Distr icl Supplement #99 INITIATED BY ------~E~ng~l~e~w~oo~d~W~a~te~r~a~nd~S~e~w~er~B~o~ar~d~--------------------- ACTION PROPOSED ____ ~A~pp~r~o~v~a~l~o~f~So~u~t~hzga~t~e~S~an~i~t~a~ti~o~n~Dl~·s~t~r~jc~t~------------- Supplement #99 BACKGROUND A request was made by the Southgate Sanitation District representing the owner/developer for annexation to the Southgate Sanitation District area. Inclusi on of this land does not increase the tap allocation to the Southgate Sanitation District. a. The subject land parcel is approximately 1 acre. The existing zoning is R-1 with no change proposed. This request is for construction of a new residence, requiring one tap. b. Legal: Lot 2, Block 6, Harbold Acres, also known as 5625 S. Newport St., Englewood, CO 80111 c. Owners: Hanspet er and Susanne Spuhler FINANCIAL DETAILS None. RECOMMENDATION At the April 10, 1984 meeting the Water and Sewer Board recommended that the City Council approve the annexation of the property described in Supplement #99 to the Southgate Sanitation District . I • • • • • • ATT. "' SUPPLE MENT NO. ~ TO CONNECTOR'S AGilEEMEN'J ' THIS AGREEMENT, made and entered into by and between the CIT¥ OF ENGLEWOOD, acting by and through its duly autho- rized Hayor and City Clerk, hereinafter referred to as "City", and SOUTIIGA'J'E SANITA1'ION DlS1'1liC1', Arapahoe and Douglas Cnunli.cs, Co l orado, hcruiuaftc r rcfcrruc.l Lo ,1:; "District", WITNES SETH: WHEREAS, on the 20th day of June , A.D. 1961, the City entered into a Connector's Agreement with the Distric t concerning the connection of the District sewer collection faciliLiaH to the City's sewage system, which Connector's Agreement was modified and amended by agreement dated the 4th day of April, 1966; and WHEREAS, said agreement and modification thereof provided that additional service areas could be included within the limits of the District with the wri tten consent of tho City; NOW THEREFORE, in consideration of the premises a nd of th e mutual covenan ts of the parties heretn, it is agreed ns fc.llows: l. The City doeo hereby consent to the inclusion of the additional area, uituate in the County of Arapahoe, State of Colorado deacribed aa followa, to-wit: Proper t y Owner s: Property Deacription: ll anspotcr Spuhler and Susanne Spuhler Lot 2, Bock 6, Harbold Acres, City of Greenwood Village, Arapahoe County, Colorado, also known as 5625 So. Newport St., Englewood, CO 80111 into Southg te Sanitation District, and agrees that said addiLionaJ area may bo served with the sewer facilities of the District, and that the City will treat the sewage dia- charged into the City'• trunk line from aaid additional rea, all in ccordanco with the Co nnector's Agreement ·dated June 20 , 1961, and the modification thereof dated the 4th day of April, 1966, between the City and the Diatrict • • I • • - - • • • • Ac cordinyly, l·:xhibit A referred to ln puruyr· .. q.Jh I uf LIH ! Modificat i on to the Connector's Agreement dated the 4th d ay of Ap r i l, 1966, is hereby amended to include the additln nnl area as set for th hereinabove. 2. Each and e very other provision of the tlodification to the Connector's Agreement dated the 4th day of April, 1966, shall remain unchanged. IN WITNF.SS WIIEREOF, the parties have caused their n~mc s and seals to be he reunto subscribed and affixed this day of ---------------------· 1984 . CITY CLERX ( S ll A L ) l\'l"fllS1': By~S~E~C~R"'ET~A~Rmy~-------------- ( S E A L ) -2 - MAYOR SOUTHGATE SANITATION DISTRICT ARAPAIIOil AND DOUGLAS COUN'I'IIlS, COLORADO By __ P~RE~S~I~D~EN==T~----------------- I • • - \ • • • • C 0 U N C I L / / C 0 M M U N I C A T I 0 N / DATE May 1, 1984 AGENDA ITEM L.Qi:_ SUBJECT Southgate Sanitation District Supplement IIHJO INITIATED BY ------~En~g~l~ew~o~o~d~W~a~t~e~r~a~n=d~S~e~we~r~B~o~ar~d~------------------- ACTIQN PROPOSED·----~A~pp~r~o~va~l~o~f~S~o~u~th~g~a~te~S~a~ni~t~a~t~io~n~D~is~t~r~i~ct~----------- Supp 1 ement 1100 BACKGROUND A request was made by the Southgate Sanitation District representing the owner/developer for annexation to the Southgate Sanitation District area . Inclusion of this land does not in~rease the tap allocation to the Southgate Sanitation District. a. The subject land parcel is approximately 1 acre. The existing zoning is R-1 with no -change proposed. This request is for construction of a new residence, requiring one tap. b. Lega 1: Lot 4, Block 6, Harbold Acres, also known as 5691 S. Newport St., Englewood, CO 80111 c. Owners : Rebeca Topelson FINANCIAL DETAILS None. RECOMMENDATION At the April 10, 1984 meeting the Water and Sewer Board recommended that the City Council approve the annexation of the property descr1bed in Supplement 1100 to the Southgate Sanitation District. • .. I I . • • • • • /II TT. 5 SUPP LEHENT NO, I 0 0 •ro CONNECTOR 1 S AGREI!:HEN'l' THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through ita duly autho- rized Mayur and City Clerk, hereinafter referred to as "City", and SOUTHGATE SANITATION DISTRICT, Arapaho e and Douglas Counties, Colorado, hereinafter referred to as "District", WITNESSETH: WHEREAS, on the 20th day of June, A.D. 1961, the City entered into a Connector's Agreement with the District concerning the connection of the District sewer collection facilities to the City's sewage system, which Connector's 1\grccmc.:nL wil!cJ mod if icd and amen<.leU by ayrccmcnL daLcd Lhc 4th day of April, l966J and WHEREAS, said agreement and modification thereof provided that additional service areas could be included within the limits of the District with the written consent of the City; NOW THEREFORE, in cohaideration of the premises and of the mutual covenants of the parties hereto, it is agreed as follows: 1. The City does hereby consent to the inclusion of the additional area, situate in the County of Arapahoe, State of Colorado described aa follows, to-wito Property Ownero Property Description: Rebeca Topelaon Lot 4, Block 6, Harbold Acres, Arapahoe County, Colorado, also known aa 5691 Sn. New~nrt St., Englewood, CO 80111 into So uthgate Sanitation District, and agrees that said additional area may be served with the sewer facilities of the Dist r ict , a nd t hat the City will treat the aewaqe dis- charged into the City's trunk line from said additional area, all in accordance with the Connector'• Agreement dated June 20, 1961, and the aodification thereof dated the 4 th day of April, 1966, between the City and the District. • I ' 'l l ; ! i ' ;i I • • - - • • • • Accordingly, Exhibit II referred to in paragraph J. uf the Modification to the Connector's Agreement elated the 4th clay of April, 1966, is hereby amended to include the additional area as set forth hereinabove. 2. Each and every other provision of the Modification to the Connector'• Agreement dated the 4th day of April, 1966, shall remain unchanged. IN WITNP.SS WIIF.RF.OF, the parties hnvc cauaocl thoj r llillllufl and seals tn be hereunto subscribed and affixecl this day of , l9U4. ATTEST: CITY CLERK ( S 1:: A L ) A'M'ES'l': By __ ~~~nv-----------SECRETARY ( S E A L ) MAYOR SOU'riiGA'I'E SANITM'ION DlS'i'RlC'l' ARAPAHOE ANO DOUGLAS COUNTIES, COLORADO By __ ~~~~------------------PRESIDBNT -2 - • , I ,, li ; i ' :I I • • - • • • TO: FROM: DATE: • • .. • l-1El10RANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal JudgeifJ April 18, 1984 SUBJECT: COURT ADVISORY COMMISSION -RELOCATION OF MUNICIPAL COURT It is apparent that due to the downtown development and the resulting necessity of relocating City Hall, that some thought should be given to the new location of the Municipal Court. I'm recommending that a request be made to the Court Advisory Commission to study, discuss and make recommendations as to the best location. If they would be willing to do so, interviews could be arranged with affected city departments, and tours to similar courts. LP/b cc: Harry Fleenor, Chairman, Court Advisory Commission Andy McCown, City Manager Robert Holmes, Chief of Police Jack Olsen, City Attorney • :. 1 , I :1 ~ i : j ' :; ., ! I 1 ;: I ~ I • • - • • (I ORDINANCE NJ.•-=--- SERIES OF 1983 • • • BY Al1l'HORITY 1 COONCIL BILL NJ. 13 INTRODI.JCID BY COONCIL MEMBER NEAL AN ORDINANCE AtmiORIZING FIRST AM~ TO AGREEMmi' BE'IWEEN 'mE CITIES OF LITTLETON AND ENGL&/OOD, COLORAOO, FOR JOINT WASTEWATER TREA'll'1ENT FACILITIES TO JOINTLY OPERATE 'mE JOINT-uSE WAST&/ATER TREATMENT FACILITY. WHEREAS, the City of Englewood and the City of Littleton are home rule cities operating under charters pursuant to Article XX of the Oonstitution 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 wastewater Treatment Facility; and WHEREAS, both parties have cane to a mutual agreenent wh i ch is titled "First Amendment to Agreement Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Trea tmen t Facilit i es;" OOW, 'ffiEREFORE, BE IT <ElAINEO BY 'mE CITY COONCIL <F 'mE CITY OF EH;L&/000, COLORAOO, AS FOLLOWS: Section 1. 'lbat the City of Englewood sha ll contract with the C1ty of Li ttl eton, Colorado, acc ord i ng to the provisions of the wr itten i nst nrnent captioned "First Jlnerrlnen t to Agreenent Between the Cities o f Littleton and Eng lewood, Colorad o , for Joi nt wastewater Treatment Facilities ," which agreenent is at tached hereto , consisting of f our (4 ) typewritten pages , and incorpo rated by reference • Section 2. 'l1'le I'Byor of the City of Englewood is hereby author- lzed and directed to execute the instrll!lellt incorporated by reference in Section 1 , and the ex officio City Clerk-Treasurer shall duly attest said execution. Introduced , read in full , amended , and passed on first reading as anended oo the 2nd day of April , 198 4 . • . . I I i I 1 I • ; I . i l I • t I • • - ( • • • • • • Published as a Bill for an Ordinance on the 4th day of April, 1984. Read in full, amended and passed as amended on the 16th d a y of April, 1984. Published in full as amended on the 25th day of April, 1984. Read by title and passed on final reading on the 7th day of May, 1984. Published by title as Ordinance No. _______ , Series of 1984, on the 9th day of May, 1984. ----Eugene L. otis, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fllglewood, 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. Higbee • ,. I ,, ,I il I! I • • • • • • FIRST l!MENDMENI' 'ro AGREEMENI' BETWEEN 'mE CITIES CF LITTLETON AND ENGL~OOD, COLORAOO, FOR JOINT ~ST~TER TREATMENT FACILITIES AGREEMENI' made this day of , 1984 by and between the CITY CF LITTLETON, CoLORAOO, hereinafter referred to as "Littleton", and the CITY CF ENGL~OOD, COLORAOO, hereinafter referred to as "Englewood ." WHEREAS, on the 6th day of Decerrtler, 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 WHEREAS, 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 WHEREAS, Englewood is the sole owne r of the Englewood Was te- water Treatment Plant, including all related facilities and associated property; and WHEREAS, it i s antici pated by the Cities that, in the future, the property owned by Eng lewood and used for purposes of the Englewood Wastewater Treatment Plant will be necessary to accommo- date planned expansions of the Joint-Use wastewater Treatment Plant; and WHEREAS, the Cit i es des i re to formally provide for util i za- tion of the property associ ated with the Englewood Was tewater Treatment Plant f o r futu r e use as an expans i on s ite for the J o int Use Was tewater Treatmen t Plant ; and WHEREAS, Englewood , upon the completion of certain mod ifica- tions to the Eng lewood Wastewater Treatment Plant will realize a significant increase in treatment capacity beyond that which it pres e ntly needs ; and WHEREAS , Littleton has determined that it needs additional treatmen t capacity in the Joint-Use Wastewater Treatment Plant in order to ser ve its needs and those of parties which it has con- t r acted with for wastewater treatment ; and WHEREAS , Englewood desires to lease additional capacity to Littleton ; • I • • • j - • • • • • NCM, 'lliEREFORE, IN CONSIDERATION 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 (l/8) of the treatment capacity of the Englewood Wastewater Treatment Plant, based upon the present capacity of said plant and including any increases in capacity of said plant which may occur fran the 1983/84 expansion (expansion fran 5 M<D to between 8 and 10 M<D 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 improvanents of a permanent nature on said property, shall no t require any further payment by Littleton to Englewood. 2. In any future expansion of the Englewood Wastewate r Treatment Plant, Littleton shall have the right to pay for and receive one-eighth (1/8) of said expansion or such other increased amount in excess of the one-eighth (l/8) as the parties may agree. 3. 'lbe lease of capacity to Littleton as described in Paragraph 1 above shall commence at such time as the current expan- sion of the Englewood Wastewater Treatment Plant is canpleted and said plant, including said expansion, is on line and operating. 'lbe lease shall terminate at such time as the Englewood Wastewater Treatment Plant is shut down due to the need to expand the Joint- Use Wastewater Treatment Plant facilities onto land presently occupied by the Englewood Wastewater Treatment Plant. 4. In considerat ion of the lease of capacity and for the right to use the property described in Exhibit A, all as described in Paragraph 1 above, Littleton shall pay Englewood sums described in A and B below according to the terms therein stated: A. 'lbe sum of Five Hundred Seventy-eight 'lllousand Dollars ($578,000), which is one-half (1/2) of the current appraised value of the property described in Exhibit A. Said cm:>unt 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 sum shall be paid to Englewood in such periodic amounts as necessary based on progress billings as Englewood shall incur, with Littleton payment an amount equal to one-third (1 /3) of each such progress payment within thirty (30) days of receip of request for such payment fran Englewood. 2 • i 1 1 I l ~ I ·1 I • • c • • • ,. • 5. 'n'le real property described i n Exhibit A is necessary for present use and future expansion of the Joint-Use wastewater Treatment Plant, and it is the intent of this agreement that the property will always be used for wastewater treatment purposes for the benefit of both cities. 6. 'ftlis agreement shall be considered as an addition to the agreement between the Cities dated December 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. 'ftlis agreement shall be recorded in the real estate records of the County of Arapahoe, State of Colorado, upon execu- tion of both parties. CITY CF DIGL~OOO 1 CDLORAOO ATTEST: By EUgene L. Otis, MayOr--ex offlClO Cfty Clerk-Treasurer Approved as to Form: C1ty Attorney CITY CF LITTLETON, CDLORAOO ATTEST: By --------------------------- Approved as to Form: C1ty Attorney 3 • 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 follows: BEGINNit«.; at the toli corner of the gq 1/4 NE 1/4 NE 1/4 of Section 33; thence South 0 degrees 07 1 East, 987.20 feet along the West line of the E 1/2 NE 1/4; thence South 89 degrees 53 1 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 1 west, 342.88 feet along a line parallel to and 25 feet East of the west bo\03ary of a tract of land described in Book U71 at page 138 of Arapahoe O>mty Records to a point 15 feet North of the South line of the S 1/2 of the gq 1/4 NE 1/4 NE 1/4; thence South 89 degrees 53 1 37" East, 37.16 feet parallel to said South line to a point oo the East line of said s 1/2; thence North 0 degrees 07 1 west, 314.02 feet along the East line to the NE corner of said S 1/2; thence North 89 degrees 52 1 02" West, 352.00 feet along North line of said S 1/2; thence North 0 degrees 07 1 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 1 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 gq 1/4 NE 1/4 NE 1/4 of said Section 33, as recorded in Book 974 at page 337 of Arapahoe O>unty Records • • . . I • - • • ORDINANCE 00 .11_ SERIES OF 1983 • • • BY Al1l'HORITY COUNCIL BILL 00. 13 INTROIJUCID BY COUNCIL MEMBER NEAL AN ORDINANCE A!Jl'HORIZING FIRST 1\MDIDMENI' 'ro AGREEMENI' BE'lWEEN 'mE CITIES OF LITTLETON AND ENGLEl'JOOD, COLORAOO, FOR JOINT WASTEl'JATER TRFATMENI' FACILITIES 'ro JOINTLY OPERATE 'mE JOINT-USE ~TER TRFATMENI' 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 wastewater Treatment Facility; and WHEREAS, both parties have cane to a mutual agreenent ..tlich is titled "First Amendment to Agreenent Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treatment Facilities;" OOW, 'IHEREFORE, BE IT ORDAINED BY 'IHE CITY COUNCIL OF 'IHE CITY OF EKiLEl'JOOD, COLORAOO, AS E'C>LLCMS: Section 1. That the City of Englewood shall contract with the C1ty of Littleton, Colorado, according to the provisions of the written instrunent captioned "First llrtelrlnent to Agreenent Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treatment Facilities," ..tlich agreenent is attached hereto, consisting of four (4) typewritten pages, and incorporated by reference. Section 2. The Mayor of the City of Englewood is hereby author- ized and directed to execute the instrunent incorporated by reference in Section 1, and the ex officio City Clerk-Treasurer shall duly attest said execution • Introduced, read in full, amended, and passed on first reading as CI'Oended oo the 2nd day of 1\pr il, 1984. • : i i' • i 'I l ' '· I • - L i I ( ( • • • • Published as a Bill for an OJ::dinance on the 4th day of April, 1984. Read in full, anended and passed as amended on the 16th day of April , 1984. Published in full as amended on the 25th day of April, 1984. Read by title and passed on final reading on the 7th day of May, 1984. Published by title as OJ:dinance No. ___ , Series of 1984, on the 9th day of May, 1984. Eugene L. Otis, Mayor Attest: I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ED]lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the OJ:d ina nee passed on final reading and published by title as OJ:dinance No. , Series of 1984. --- Gary R. H1gbee • I • - • • • • FIRST l\MEliDMENI' 'I'O AGREEMENT ~EEN 'll!E CITIES OF LITTLETON AND ENGLEWOOD, COLORADO, FOR JOINT WASTEWATER TREATMENT FACILITIES AGREEMENI' merle this day of , 1984 by and between the CITY OF LITTLETON, CoLORADO , hereinafter referred to as "Littleton", and the CIT Y OF miLEWOOD, COLORADO, hereinafter referred t o 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 WHEREAS, 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 WHEREAS, Englewood is the sole owner of the Englewood waste- water Treatment Plant, including all related facilities and associated property; and WHEREAS, it is anticipated by the Cities that, in the future, the property owned by Englewood and used for purposes of the Englewood wastewate r Treatment Plant wi ll be necessary to accommo- 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, Engle wood desires to lease additional capacity to Littleton; • I • • • • • • NOW, THEREFORE, IN CXlNSIDERATION of the mutual p r an i s e s and covenants hereinafter reci ted, the parties agree: 1. Englewood shall and hereby does lease to Littl eton trea t- ment capacity in the facilities commonly known a s the J o i nt-use Wastewater Trea tment Plant equivalent to one-e i g hth (l/8 ) o f the treatment capacity of the Englewood was tewater Trea tment Plant , based upon the present capacity of said p l ant and i ncluding any increases in capacity of said plant which may occ ur fran the 1983/84 expansion (expansion fran 5 MG:> to between 8 and 10 M<D 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 Treatmen t Plant, and tha t the right for said use, including the right to est ablish improvanents of a permanent nature on sa id p roperty, shal l not require any further payment by Little ton to Engle wood. 2. In any future expansion of the Eng lewood was tewate r Treatment Plant, Littleton shall have the right to pay for and receive one-eighth (l/8) of said expans i on or such othe r increased amount in excess of the one-eighth (l/8 ) as the parties may agree. 3. '!he lease of capacity to Litt leton as described i n Pa ragraph 1 above shall commence a t such time as the c urre nt expan- sion of the Englewood wastewater Tre atmen t Pla n t i s canpl eted and said plant, including sa id expans ion , i s on line and o perating . The lease shall term i nate at such time as the Eng lewood wa stewater Tre atment Plant is shut down d ue to the need t o e xpand the J oint- Use wastewater Treatment Pla n t f acilities onto land p r esently occ~ied by the Englewood was tewa ter Treatment Plant . 4. In considera t i o n of the lease of capacity and for the r ight to use the property descr i bed in Exh i b it A, all as described in Paragraph 1 above, Little ton sha ll pay Engle wood sum s described i n A and B below accord i ng to the terms the r ein stated : A. The s um of Five Hund r ed Seventy-eight 'Ihousand Do l lars ($5 7 8,000 ), wh ich is one-half (l/2) of the current a ppraised value o f the property described in Exhibit A. Said amount shall be paid within thirty (30) days of the date the constructio n con t r act for the expansion of the Englewood Wastewater Treatment Plant is executed by Englewood . B. A sun 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. Sald sum shall be paid to Englewood in such periodic amounts s nee ssary based on progress billings as Englewood shall 1ncur, with Littleton payment an amount equal to one-third (1 /3) of each such progress payment within thir y (30) days of receipt of a request for such payment frcrn Englewood. 2 • I • • ( • • • • 5. The real property described in Exhibi t A is necessary for present use and future expansion of the Joint-Use wastewater Treatment Plant, and it is the intent of this agreement that the property will always be used for wastewater treatment purposes for the benefit of both cities. 6. This agreement shall be considered as an addi tion to the agreement between the Cities dated December 6 , 1982, regard i ng 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. This agreement shall be recorded in the real estate records of the County of Arapahoe, State of Colorado, upon execu- tion of both parties. ATTEST: CITY <F EHiLDiCOD, CX>LORAOO By Filgene L. 0t1s, Mayer--ex officio City Clerk-Treasurer Approved as to Form: C1ty Attorney CITY <F LITTLETON, COLORAOO ATTEST: By_ ------------------------ Approved as to Form: C1ty At torney 3 • 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 follows: BEGINNit«; at the tii corner of the !ii 1/4 NE 1/4 NE l/4 of sect ion 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 l;snd described in Book 1271 at page 138 of Arapahoe Comty RecOrds to a point 15 feet North of the South line of the S 1/2 of the !ii l/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 oo the East line of said s 1/2; 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 1/2; 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-S) and 266 feet long (E-W) in the Southwest corner of the S 1/2 9i 1/4 NE l/4 NE 1/4 of said section 33, as recorded in Book 974 at page 337 of Arapahoe Comty aecords. • I • • ( • • BY 1\U'l'IIORI'I'Y ORDINAOCE NO. SERIES OF 198'""'4 __ _ A DILL FOH • • • COUNCIL BILL NO. 19 IN'I'HOOUCED DY COUNC!L MEMBER '1 B AN ORDINAOCE PROVIDING FOR THE INCREASE OF THE HOTEL/IDI'EL ROOM TAX BY AMENDING TITLE XIII, CHAPTER 4, SECTION 3(b), OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED. WHEREAS, it is necessary for the amount of tax imposed for the rental or lease of hotel/motel rooms to be increased to con- form to present economic factors; NCl'l, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sect ion 1 . '!'hat Section 13-4-3 (b) of ~ '69 , as amended , is hereby-affiended to read as follows : 13-4-3: SALES TAX LEVY (b) In addition to the tax levied by subsection (a) hereof, there is also hereby levied a tax, based upon rental fee, price or other cons i derati on paid or received therefor, upon the rental or lease of any room , rooms or mobile homes for !odging purposes in a ny hote l, motel, l odge, resort , club , roaning house , apartment building or other establishnent , making such rooms nvn iln ble Lo the public, where the period of lodging for which such rental fee , price of other consideration is paid or received shall be less than thirty (30) days. The tax hereby levied shall be easea lip9R ~ 8i1M8 88Aea"*e as *s &ei; £eEi;R *A Sli&&eed9R -fa}-Rella&£ FIVE PEOCENT (5%) OF THE COST OF THE RENTAL FEE , PRICE OR arHER CONSIDERATION P/\ID OR ROCEIVED FOR 'l'lm LODGING ON 1,:,'\Cil fULL OOLLAH 01!' 'l'llE SAID REN'I'AL Fl!:E , and the person , partnership, corporation or other entity making such rooms available shall , for all purposes of this Chapter, be deemed to be a "retailer" as defined in section 13-4-l. Introduced, read in full, and passed on first reading on the 7th day of May, 1984 • I • • • • • • BY AUTHORITY ORDINAOCE NO. SERIES OF 198:::::3--- A BILL FOR COUNCIL BILL NO. 19.1 INI'ROOUCED BY a>UNCIL ~ER~------ AN ORDINAOCE PROVIDING FOR THE ItCRFASE OF THE HOTEL/I'DTEL ROCM TAX BY AMmliNG TITLE XI II, CHAPTER 4, S~ION 3 (b) , OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDFD. WHEREAS, it is necessary for the amount of tax Lmposed for the rental or lease of hotel/motel roans to be increased to conform to present economic factors; tm, THEREFORE, BE IT ORDAINFD BY THE CITY a>uNCIL OF THE CITY OF ENGLE)JOQ[), a>LORAOO: Section 1. That Subsection (b) of Section 13-4-3, EMC '69, as amended, is amended to read as follows: 13-4-3: SALES TAX LEVY i 6 t !R a98i6ieR te tRe tall *eY4ee liy si:IS&eetieR -tat Rel'eei , 4MH!e irs a*se l:le¥eliy *eY4eli a 4iall 7 &aaee Yfii6R l'eRta* i8&? J!1*4ee e!E etke£ eeRs.We£aUeR pa.W e£ £eee4Yee ~eieiE 7 lifii6R 6Re £8Rta* e£ *ease ei aRy £eem7 £eems Hte&Ue R&ll\e6 ie£ .*eli1J4RIJ py£peses 4R aRy Retel7 llle4ie*7 *eliiJBT £e68£6T e*li&y £6em4Rij RW687 apa£61\eR€ &li4W4Rij e4il:le£ enaehsHIIBR•7 ~~~ak4RIJ StieR £eems aYa4*a&*e •e tl:le pyehe7 wReEe tke (le*4eli ei lea1J4RIJ ief wRieR &tieR HR4il* i8&? J!1*4&8 ef MMHI 88M4&Ha449R 4& pa.W H £eee4Yea skall ea *e&s ~R ~**•Y .f~9t &ay~ fAe •all kHeliy *BY4ea skaU ea &aMii YpeR ~ liiiRie seRe&~ as 4& &84! iei!4!R 4R illli&884!4eR -tat AeHei aRii 4M pei!&8R7 pai!UHSMPJ 8HpHa44811 H MRH 8M44y ~4RIJ 8118R l!eall& aYaUa&*e SMUT iH au p!Hp88911 M 41:\4& Qulp4H, 8e &eERee te 8e a !!£etaUe£U as &ehReli 4R eee649R HT4-h (b) THE FO~ING TAXES ARE HEREBY LEVIFD UPON THE RENTAL FEE, PRICE, OR OTHER a>NSIDERATION PAID OR REX::EIVED 1 UPON THE RENTAL OR LEASE OF ANY ROCl'\1 OOC11S OR tt:SILE H()o1ES FOR LOOOING PURPOSES IN ANY !-mEL, Kn'EL, LQIX;E, RESORT, CLUB, ROCl'\ING HOUSE, APAR'IMENT BUilDING OR <m!ER ESTABLISifo!ENT, MAKING SOCH R001S AVAILABLE TO THE PUBLIC, WHERE THE PERIOD OF LOOOING FOR WHICH SOCii RENTAL FEE, PRICE OR OTHER CONSIDERATION IS PAID OR REX::EIVED SHALL BE LESS THAN THIRTY (30) DAYS. THOSE TAXES HEREBY LEVIFD ARE: 1 • I • • • • • • 1984. Published as a Bill for an Ordinance on the 9th day of May, Attest: Eugene L. Ot1s, Mayor ex of[ icio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fore:Joing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of May, 1984. Gary R. Higbee I . • • • • (1) THE SALES TAX SET FORTH IN THE PREODI~ PARAGRAPH (a) HEREX>F LEVIED IN N:Xl>RI:WCE WITH THE OCHIDULE AS IS SET FORTH THEREIN. (2) 'lWO PEl'CENl' (2\) OF THE COST CF THE RENTAL FEE, PRICE, OR OTHER OONSIDERATION PAID OR RECEIVED FOR THE LOOGI~ ON EACH FULL DOLLAR CF SAID RENTAL FEE. THE PERSON, PAR'mERSHIP, OORPORATION, OR OTHER ENl'ITY MAI<I~ SOCH lOJ1S AVAILABLE SHALL, FOR ALL PURPOSES OF THIS CHAPTER, BE DEEl'IID '10 BE A "RETAILER" AS DEFINED IN Brel'ION 13-4-7. '· Introd~~. read in full, and passed on first reading on the 7th day of May , 1984. PUblished as a Bill for an ordinance on the 9th day of May , 1984. Eugene L. ot1s, Mayor Attest: ex off1c1o C1ty 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 a Bill for an ordinance, introduced, read in full, and passed on first reading on the 7th day of May , 1984. Gary R. Higb88 2 I . ' • • P R 0 C L A M A T I 0 N ----------------- WHEREAS , Color ado h as a long histor y of volunt ee rism , dating back to ou r pioneers who conquered r ug g e d terrain and hosti l e environments to build new lives [or themse lves , their n e iyhbor~ ilt HJ their frontie r communities ; and WHEREAS , from th e fronti e r days t o the present , Col or a d a ns ha ve exhibited independence , cre ati vity and innovation by working together to improve the quality of life in our majestic st ate ; a nd WIIEHG/\S , volunt eers , working in p a rLn crs hip with gov e rnm e nl , business and indust ry , fulfill many needs and perform num e r ous tasks that would otherwise remain in complet e ; and ~HEREAS , dedicated volunt ee r s in sta t e programs [or th e mentally and physi c al ly disabled , and for the elderly and th e young , as well a s th os e volunt ee rs who s e rv e on sta t e a nd loc al boards and commissions , deserv e to be r ecognized for their many hours of service ; tWW , TI!ERGFOHG , I , EUGENE L . O'l'IS , Ma yor of th e City o[ Englewood , Colorado , do hereby proclaim May G -12 , 190~ as VOLUN TEER RECOGNITION WEEK n the City o[ Englewood a nd urge all citi z ens to join me in r~cognizing nd thanking the thousands of volunt ee r s who give so [r vCJ 1 uf Lllt•m5elvu:;. GIVEtl unde r my hand a nd s ea l this 7th day of May, 1984. • I . ( • • P R 0 C L A M A T I 0 N ----------------- WHEREAS , Colorado has a l o ng history of volunteerism , dating back to our pioneers who conquered rugged terrain and hostil e environments to build new lives for themselves , their neighbors and their frontier communities; and WHEREAS , from the frontier days to the present, Color a dans h ave exhibited independence , creativity and innovation by working together to im prove the quality of life in our majestic s ta te ; a n d WII EHCAS , voluntee r s , working in partn e rship with g overnme n t , bus ine ss an d industry, fulfill many needs and perform nu me rou s tasks that wo u d o the r wise r e ma in incomplet e ; a nd WHCREAS , dedicated vo lunt ee r s in st a t e progr ams f o r th e men ta lly and ph ysically disabled, and for the elderly and t he young , as well as those volu ntee rs who s e rv e on st a t e a nd l oc al boards and commissio n s , dese rv e to be r ec ogniz e d for thei r many hours of service ; !lOvJ , 'II ERCFORC , I , EU GENE L. O'l'IS, Ma yor of th e City of Englewood , Color ado , do hereb y proc l a i m Mn y 6-12, 1 9 04 as VOLU NTEE R RECOGNITION WEEK in the City o f Engle wo od a n d urge all citizens to join me in recognizing and th a nking th e thousa nds of volunt ee r s who gi v e so freely of t hem selv es . GIVEU unde r my hand and sea l t h i s 7th day of May, 1984. • I . • - 1D WHEREAS, public works services provided in our couunLinity a rc u11 integral part of our citizens' e v eryday l i ve s; ancl VIIH,Hl::IIS, the; ,;uppo r.t of ar. unclerstiluuimJ <'llld j 11fonnud c.:i Li.zo ni"Y is vital to the ufficier.t operation of public wor ks :;ystclll>; Lllod !JL"or,p:<llll » such as water, sewers, streets and highways, public buildings, solid waste co llec tion , and snow removal; and v/1 1::1<1 ·:1\S , the he<llth , S<lfuty, <llld C.:Oinfort 0[ ti1.l.; t:UIIIIIIlllllly ')l.l!iilly d u f''" th, '"' Llou:,c, f<•c.:il.ities and >;ur.v.ic.:c.::;; Lllltl vi ll i:. cl::Mi , t h e qua lity <~nd effectiv eness of tilu>ie fac.:.illll""'• "" ''·" iiS t he i r Plilnning, design, <md construction, arc v itctlly depuntJcuL upcm th e: c;ffor.t s and skill of public works u[ficiclls; wntl viii!:: WAS, the <=fficienc y of the qualified and tletl.it:•ltucl !J'-'L·:;onu'-'1 '<~lou ~til [f public works depurtments .i>i materially :lnf:luu u cud IJy tilu peup .lv '>J iltLl L <k •uod Ulldurstund.ing of th0 i luportancc of tl1c work tl1uy purfot·lu. liul•/, 'lll::I(£FO I<r:, I, EUGENE' L . O'!'IS , M<~yor of the City of LII<JlC!WOod, '-~!c.u,Jo , tlo her.u JJy proclaim the week of May ~U -2G, l'JfJIJ "" !'U13LIC WCJHKS WJ::l::K 1.n tne: Cl.t y of Englewood and call upon all citizens and civic orgaui«atiom; to a cq wain c t h emselves with the problems involved in providing our public <~o r ks and to recognize the contributions which public works officials make every duy t o our health , safety , and comfort. L l Lli 1 uur 1uy ha nd and seul this 7th clay of May, 1Y04 Eugono 1 •• Oti.s, l~ayor • I • • • 1b P R 0 C L A M A T I 0 N ---------- WHEREAS, public works services provided in our co1runun:tty a r e an integral part of our citizens' everyday lives; and WH ERE AS , the s upport of an unclerstantlill(; and i 11 fonn"d c i l i /.<m,-y is vital to the efficient operation of public works systems a d programs such as water , sewers , streets and highways , public buildings , solid waste collection , and snow removal; and vllll:.l<EIIS , the healt h , safety , and c omfot"t of tl1.Ls conunu11ily <JLe<tLiy dupcnds on LJ.co;e f"cllitics and services ; and vill l::l<L:A S , Lh e quality and effectiv eness of these faciliL.Lus, c~:; we 1 s tleir pl anning, design, and const ruction , are vitally d ependent upon tie efforts and skill of publ1 c works ufficials; and WHI"I LAS , the eff iciency of the qual:tfietl and dcd•caLud pu•·:;on11ul ~il oo staff p IJl.lc works departmen t s i:; materiall y influenc ed by tlw peopiL•',> atLi.LutlC! wotl unders tanding of the .lmportance of the work thoy Pl:!r f onn. N0\•1, I'IIL:REFORE , I , EUGENE l.. O'l'IS , Mayor of the Clty of !:.nglewood, Cu o,·ado, do herC!L y proclaim the week of ~1<ty 20 -2L, l lJ ll'l "'; PU BLIC WORKS WEEK in the Clty of Engle wood and call upon all citizens and civic organization s to acquaint themse lve s with the problems inv olved in providing our public works and to recognize the contributions which public works offic i a l s make every day to our hea lth, safe ty, and com for t . GIVEr under my hand and seal this 7th day of May, 1984 • I . I - P R 0 C L A M A T I 0 N WHEREAS , Amer i ca 's strength lies in th e ingenuity a n d perseverance of its people , qu a lities ex e mplified by s mall business owners , who contribut e d a ily to our e conomi c well-being; and WHEREAS , small businesses employ 48 percent of th e private work fo rce , contribute 42 percent of all sal e s in the country, an d are responsible for 38 percent of the gross national product ; a nd WHERE AS , through the years , small business e s showed an ability to adjust t o changing conditions in man y industries while they gained a sizable sha re of jobs in the r ap idly e xp a nding service industries ; a nd WHEREAS , the Small Business Innovation Reseurch Act provides fo r federal agencies with l a rge research and development budgets to direct an increase<] amount o[ Rb.D contra cts to s mal l firms ·--the source o f most innovations and new technologies ; OW , THEREFORE , I , EU GENE L . OTIS , Mayor O[ t he C1 ty of Englewood , Colorado , do hereb y proclaim the week beginning May 6 , 1904 as SMALL BUSINESS WEEK 1n Lhe City o[ Englewood . 1 call upon the people of Englewood to JO n with me in saluting the small business owners of our City du ring this week . GIVE N under my hand and seal this 7th day of May , 1984 . fo ., -L_~~...Z!.L..L_~ /Y~-Euge~L . Ot1s ,~y~r I • P R 0 C L A M A T I 0 N WHEREAS, America's strength lies in the ingenuity c~nu perseve r ance of its people, qualities exemplified by !:im<:~ll business ovmer s , v1llo contribut e d<.~lly to our uconowic well -being ; and WHEREAS , s mall businesses employ 48 percent of the private work force , contribute 42 percent of all sales in the country, and are responsible for 38 percent of t he g ross n a tional product; and WH81<8AS , t h rough the years , small businesses showed an ability to adjust to changing conditions in many industries ~~·le t h ey gained a sizable share of jobs in the r a pidly eZ[liJncl'ng service 'ncl ustri es ; and WHERE AS , th e Small Business Innovation Rese a rc h Act [l ro vi des for federal agencies with large research and U(j 'Je:lu[;rut:n t budtjct:s to diruct: a n inc r <Jai;uJ wnou••t o[ 1<1d) contracts to sma 1 firms ~-the source of most innovation s c. d new t~chno ogies ; ~ uv, , nglev10od , 6 , 98<: as 'JJ;HE•'OUr;, I , 8U GC:!E L. O'l'!S , Mc~yor oi t w C1Ly oi o orado , do h ereby proclaim the week beginning May SMALL BUSINESS WEEK . n LLt: c · ty o L11g ev1oou . l cc~ll upon the people of Englewoou co ::;u :r vii th ne in salut · ng the s mal l business owners of our C ty dur ·ng th 's week , GIVEN un der my hand a nd sea l this 7th day of May, 1984. • I ( • • • • RESOLUTION NO. I 9 SERIES OF 1984 __ _ A RESOLUTION APPOINTING RICK DeWI'rT ASSISTANT CI'rY A'l"rrRNEY. WHEREAS, the City of Englewood, a COlorado hane rule municipal corporation, desires to employ Rick DeWitt as Assistant City Attorney on a retainer basis; NCM, THEREFORE, BE IT RESOLVED BY THE CITY CXXJNCIL OF THE CITY OF ENGL&JOOD, COLO!~: 1. That Rick DeWitt, Attorney at Law, is appointed Assistant City Attorney. 2. That Mr. DeWitt will provide legal services in the areas as assigned by the City Attorney. 3. That Mr. DeWitt will be paid a minimun monthly retainer of $3,000 at an hourly rate of $90 for office work and $100 per hour for court appearances, 4. Billing for excess hours over the $3,000 minimun monthly retainer will be accumulative and not monthly. 5. 'l'his contract will becane effective June 1, 1984. 6. This contract may be terminated by either party upon thirty days' written notice to the other. 7. It is expressly understood that the services performed are contract services not entitling Assistant City Attorney to benefits of the City employees, specifically excluding health and dental insurance, life insurance, disability insurance, Workmen's Compensation, Social security, vacation leave, personal leave, disability leave, and/or such other and further benefits of an employee of the City . ADOPTED AND APPROVED this __ day of------' 1984. Attest : Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer • I - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. __ , Series of 1984. Gary R. HigbE!e I .