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Home My WebLink About1978-01-03 (Regular) Meeting Agenda• • • CITY COUNCIL MEETING-January 3, 1978 . liliGULAR • • • • - CITY COUNCIL MEETING J a nua r y), 19 78 ORDINANCE II 1 , 2 , ), RESOLUTION II ,/, 2 , J , • • • • 0 I • • In n n • -• • ROLL CALL M d S ove d d econ e A ,ve N av Ab sta n Ab sent f.....-Willi ams - ~ v ~m1tn V *"""' ~ Clay ton i,..,-"" Mayor Taylor v- I , .,. I ' I ji_ • t , .. " I ,, J ) a ... I -{JU "' p .,,_/ ( '' -I ,I I I!' ) , t ~ ~ ~ ''-1' I l y)_.. ) I /J t i C / 'V I • • • • • -• • ROLL CALL M d S ove d d econ e A 1ye N av Ab t 1 s a n Ab t sen t,.-Wil 1 iams ~ Sm1th J--Man n ~ c1 avton Mayor laylor --' ' , / \_.,, • I • • \ • •.__~-~ • -• • ROLL CALL M d S ove d d econ e A we N av Abt i s a n Ab t sen V Williams v--~71),11,DA Sm1tn Mann Brown Clavton Mayor laylo r // / >) J ( /J J CJ, " • I • • • • • -• - ROLL CALL Mo ved Se conde d Ave Nav Abst ain Absent '--Wi 11 i ams Sover n v Sm1tn Mann Brown Clayton Mayor lavlor ,.-I ) I # 41 _/ / _/ 0 I , ~ ,. <J) I • • • - I A · • ~ b -\-- M d S ove X ec on e >< • • • ROLL CALL Ave Nav Abstai n Absent Williams ,,, Sove rn :,m1tn / Mann Brown Cl ayton • Ma yor Tavlor V ~ p~ (rl.MJ~ ~'v ,~.,,...,..__ ~ • I . . • - • • - ROLL CALL M d S ove d d econ e A \ye Nay Absta n A bsent Williams ' ~ ::.m1th M.nn B.i:.ewn -.u-a-v 1:on Mayo r 1ay1cr • I . • • • - • • ROLL CALL Mo ved Second d e Ave Will iams Nav Abstain Absent Sovern ~m,th Man n Brown Clayton ' Mayo r laylor I . • • • • -• • -=====-- ROLL CALL Moveti -Seconded Ave Nav Abstain Absent )( Williams Sovern Sm1t h Mann V rit:.QWfll 1 , t l""l~ Clavton Mayor la_vlor 7;--z) T~ I . • • • -• • ·' ROLL CALL M d S ove d d econ e A we N av Ab s t a n Ab sent X Wi 11 i ams / Sov ern Y"' :>m1tn Mann Brown Clayton Mayor Taylor I • • • • - • - ROL L CALL Moved Seconded Na Abstain Absent 9. JI.J»J ,J -.}_)A I) j J 0) r p Ii s 6) -;:, r -,:, Q) ~ i ~r ~ 5-" r~ c ---7' /, ( / /-/~ -1 • I . • • • • - • • - ROL L CALL M d S d d A ove econ e lye Nay stain bsent Wi 11 i ams &,...- Ab A ~Lt ~./J,J,u L--'" ~ :.mn:n L--Mann -,.,...,-~H;,, a.c.... &,.,--1,_1ay1.un ,., &,.,-- l'iayor 1ay1or - ~,,__A -~~ tJ ;!c c:... -t<)c.~/ I • • • - • • ROLL CALL M d S d d A N ove econ e 1ye ay s a n Wi 11 i ams Ab t i ,. 1 .. -,~ :im1tn Ma nn ~"~~ ra_yton . "'i ayor 1ay1or I/ (?L-) ~/S ~ tJ I ;Jn , : c /~ i-- y, 1:-(/ (!_ 'I !:;-- ~ • • • Ab t sen ...J {U-v .i) I . • • • ROLL CALL M d S d d A N ove econ e we ay s a n sen ~ Wi 11 iams .__ Ab t 1 Ab t ~10/.0 .•. ,___ ::im1tn ,_ i-.--Mann c..--. ~ .... ~11 ~• ,__ t.lavton V ,_.. Mayor Tay1or ~ - I • • • • n • • • ROL L CALL M d S d d A ove econ e ,ve av s a n sen Wi 11 i ams V Su~.1·hl<•~ v--,,,., smnn Ir' Mann ~ i,.,-~L.r.., ..... ,,,... c layton v ~ N Abt f Ab t Mayor Taylor V /, _.. t/ I • • • • • -• • - ROLL CALL Moved Seconded A 1ye N av Ab t i s a n Absent Will iams " V., I - :,m1 tn Mann 1'"""1~A ~u) l,tayto n v Ma yor Taylor /}J /)/ y ,£2 # , V a '?~) ~._ti yi,,/. ')._ 7 l l (l..J.,, J _R_; a k J I~ ".,, ,<_...-, ,J ',lf.'_ . -, ,._,,, ,, .1 1 v / (t \ ( • ?~-' j !_/1 I 1 J 12' • 0 .., ' C \ ' ·, . "· I •• ! I ( ~ 7*' /) 1.I ' 6 - u ..... r " 1....1 -t i:. '·J J...f (, 1 f,J.,41... , ' c-( ~ I C: I "'I ',( t u -< r ,o I . . • • • - • • ----------_,__ ______ -========-=----..::....:=-=:. -- RO LL CALL M d 5 ove d d econ e A we N av Ab sta n Ab t sen Williams ~g_l,,1,,,_ ::.m1tn Mann tw'OWT!& I ~ cl ayton , Mayor Tayl or I • • • • • - • • RO LL CALL Move_d Seconde d Ave Nay Abstain Absent I/' Will i ams V ~/.IA ~ v- i.----~m1tn V Mann ...... ~LJ~~ ...... Lr L I ayton , _, Mayor I ay I or ........ / • I . • • • - • • ROLL CALL M d S ove d d econ e A ,ve N av Ab t 1 s a n Ab t sen -Will i ams I,./" ~{-!_J·"· /.-,, Sm1tn ,__, V Mann ,_.... n ...... ~ - c I ayton ._,.-- Mayor Tay l or ,_ i+GJ ) /) (). cu· /,. ,( /' !,/ ~,). '? . C7 27 > ~,._; & ~--e,. ~ I ( J' Q.__-, ' ; J y./ c::.... d-di J.. I . . • • • • - _____ _.:.. _____ ~~....,...--~------------- ROLL CALL "' d s ove d d econ e A we Nav A bstain Absent Wi 11 iams ~ r I . F. ·7 ·----1/ :im1tn --Mann ---V iH'eWrl / t.41 ......... -c; layton 7 ..._..,,. Mayor lavlor ._... e..-. ) 23 l .' J-0 • I . • • • - • - ROLL CALL Moved Seconded Ave Nav Abstain bsent ,_ Williams L--- A ~!/1~1, .. t---!>m1th ,_ -J;""' Mann ,_,... ~/ti.A >LJ&. v--L 1ayton I ~ Mayor Taylor .,... cj I -3 o - I • • • • - • • - ROLL CALL M d S ove d d econ e Williams A 1Ve Nay Abstain Absent r ;~·~ ::.mi tn Mann ~:ll(1 )J>h} c layton v Mayor 1a.vlor /-30 I . • • • - • • RO LL CALL Moved Seconded A \Ve N av Ab t 1 s a n Ab t sen Wi 11 iams ~,h i ~/.~ Sm1in Mann ~,£. ..... .___ c 1ayton ~ Mayor 1av 1or ! I (a_.J~ ,,: I-I~ '9 : "I) ,~ --c-. I a I GJ 'C ? _/ a ~ .. , g ~J P. c3 ~__) -<. ; j <. at.1-i!l.i 0·/,..-I c-1 l " , .A.I (!,; ;( , t ~t.. ~ jf). ' ' ,'..J ,. ,£L J:.,$°~~ If I I /,t ' "· , ~ I I I ,, I 1 I I I 'v J. ti f I I I ~t)) }JJt.., r ,, ,, ',.J k. ,, J ,H. ~ J)) I 1 • ~:; zu• /11 -t.{ ~.,( : \, C I !:I.. ) l ";, ) ,, '-1 !) (< t t"1 i ~·l • • (; I..._, • • J f,f,t 'I-.(..() J.) \, • • • - • • ROLL CALL Moved Seconde d Ave Nav Absta1n Absent Willi ams ~ 7, ::,m1tn (I Mann ~.t.J-. __ .. t. 1 ayt:on () Mayor Taylor {c C. b ,3a.~l , 3 2 -f C " fa ~.; 1- ~(.,J /... ~,, 0. (, ' 6 ,a.u_ .J H • ...... a i , • I 0 • I . • • • • - • • ROLL CALL M d S ove d d econ e A 1ye Nay A bsta n Ab sent Wil 1 iams Sovern sm ith Mann Brown L 1ayton Mayor 1avlor ., 1,'fi I (,. ) 7t'J 7) I> [d_ .. t ... ~ • .., L ./ L I )1.__ ... _, .... )./ --~( ~ - / ............---. -,4 J (/ ----,. • -.i ) --z;1 },,,1_t..--- ;,: _...........__, ';_/ H ' --f r ,.~ ' '--.,(' ,) ~ /l " > • I . • • • • - • • ------------------- ROL L CALL M d S d d A N Abt 1 Ab t ove ec on e \ye ay s a n sen Williams ....,. ~~.~.1. '-" ::,m11;n ·-L,.,"""" Mann c....-- ~~-~. -I/ '-L 1ayton , ......- Mayor 1avlor \. -- ')J }'./ f' { !., ~.,~_( \i, ,1 -b I • J -"P -1 ..:...fl I 1\ l ./ l C. ... .,, -.1 "" 9-/~- • I • • • I 1:1 -- • • - ROLL CALL MovPd.---Seconde d Ave Nav Abstain Absent V Williams l--·-.. ~ I.,,, _J L,, 1-- sm1tn ...- Mann ,,,,,.... D ---.I __.., le.. ,.,.... Llayton J ,.,.. Mayor 1ay1or ,,_,,. ,, ~ . II ., ; I 1-6 C) /. ;) ~ JO I (.'l ..(.-~ • I l J tr / ' v ,. " -,I . l .I ,J ',I 1 1 I 1 (. ~ J .J • I • • • • • -• • ROLL CAL L Moved Se conde d Av e Nav Abstain Absent Will i ams '-v-Mm!T'n7.. ~ ....... v"" Sm1tn ¥' Mann ~ ~~ V' Clavton .:.....:.. Mayor 1av1or -- !-;) 3 /~---::- • I . • • • • • • RO LL CALL Mo ved .....---Seconded Ave Nav Abstain Absent I.JI' Wi 11 i ams ,___. C -· ----ri 7, - ::irn1th Mann .8J;awrr°," '"'-. . I- Clayton 7 Ma yor "'Tavi or a f. t'r\ • I • • • • ... } • • • - AGENDA FOR CITY COUNCIL TAKING OFFICE JANUARY 3, 1978 1. Mayor Pro Tern David Clayton calls the meeting to order . ) A-.J . /.v-,.u...., p,,__,.,. '"'-~..,....._ 2. 3. ' ., Mayor Pro Tern Clayton will ask the City Clerk to read the list of eligible newly elected Council members who will then be sworn in by the Honorable i.wl,11t Kelly, District Judge of At:apaboe cf,ounty Cou ~ ~._ to,vlJ-~ r) 0/211,. z , ~ I Members of the City Council ar~ seated in temporary spaces) and the Chair asks the City Clerk to call the roll of the members of the City Council and then declares a quorum present . . I .,L 4 . ~ The Chair calls for nominations for Mayor and if secret ballot is used, the City Clerk and the City Attorney will count the ballots and report the results . 5. / ~. i/. 6-~ J. J. The Mayor assumes the Chair and calls for nominations for Mayor Pro Tern and if a secret ballot is used, the City Clerk and City Attorney will count the ballots and report the results. Permanent seating assignments will be given. Token of appreciation to retiring City Council members Howard R. Brown and Douglas T. Sovern will be given. Recognition of the families and/or guests of the members of Council . Designation of the legal newspaper . Election of the City Council members to various boards and commissions. (Copies of IIIEIIDrandun from City Manager enclosed.) • I • • (. • • • - Page 2 January 3, 1978 Agenda 11 . Pre-Scheduled Visitors . (a ) Mr. Bill Gor ham, Attorney At Law, will be present to discuss the Porter Mem orial Industrial Revenue bonds. (See item 15(a).) (b) Mr. M. M. Sunnners, 3140 South Delaware Street, wi ll be pres ent to address Council concerning a building inspection/code enforcement situation . 12 . Other Visitors.,) ri 13. Communications -No Action Recormnended . (a) (b) Minutes of the Board of Adjustment and Appeals meeting of November 9, 1977. (Copies enclosed .) Minutes of the Planning and Zoning Commission meeting of November 15, 1977 . (Copies enclosed.) 14. Communications -Action Recommended . (~) Recommendation from t he Planning and Zoning Commission meeting o f December 20, 1977, con- cerning a p l anned development in the 3500 block of Sou t h Corona . (Copies enclosed.) Recomm endat ion from the Planning and Zoning Commissi on meeting of December 27, 1977, con- cerning amendments to 22.4B Flood Plain, and 22.8 Definitions, of the Comprehensive Zoning Ordinance; and the adoption o f Flood Hazard Boundry Map/Flood Insurance Rate Map. (Copies enclosed.) • I • • • • • • Page 3 January 3, 1 978 Agenda 15 . City Attorney. Bills for an Ordinance • \)) (a) J ~ J ) (b) Bill to issue City of Englewood industrial revenue bonds . (Copies enclosed.) BP ' ,.;,V Bill to amend Flood Plain Zoning in the City of Englewood . (Copies enclosed.) ) Other Matters. (c) City Attorney's Choice. 16. City Manager. (a) <;) 1~ 0 . ' ) Letter from Mayor Taylor to the Colorado Land Use Connnission requesting designation of pro- posed land uses in the Santa Fe/Union annexa- tion area as a matter of State interest . (Copies enclosed.) (b) City Manager's Choice. 'yJ /l J( -,., # I 17. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 18. Adjournment. ()~~~ ANDthcCOWN City Manager PH . 1~Jo --,r • I . n • • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9 , 1977 The regular meeting of the Board of Adjustment and Appeals was called to order at 8 :00 P .M. by Chairman Oliver . Members Present : Dawson, Leonard, Bevier, Seymour, Kreiling, Oliver. Membe r s Ab sen t: None . Also Presen t: Chief Building Inspector, Gary Pittman , Assistan t City Attorney, Leo Clark , Recording Secretary, Valerie Christy . !30J JOHN J . SCHAECHER 3351 W. GRAND AVENUE CASE NO . 41-77 REQUEST : A variance to permit a covere d p or c h 17~ feet by 6 feet to encroach 5 feet into the required front yard . STAFF REPORT : This is a variance from the Comprehensive Zoning Ordinance, Section 22 .4 -2, H., (a) requiring a minimum 25 foot front yard setback . This area was annexed into the city in 1962 . These single family residences were built prior to being annexed into the city . The homes were erected , while others have since been re - modeled, with the front stoop extending into the f ront yard setback. Most of these homes were erected without a covered fr ont porch . There have been several variances to permit fr ont porches of this type in the area. Thi s district is composed of low-density residential homes . Regulations for this district are primarily designed to protect and promote a suitable environment for family life, to prohibit activities of a commercial nature within the district. This is an R-1-A zone which is a residential zoning district. Mr . Schaecher submitted petitioner's exhibits No. one and two, which were letters from the following neighbors, stating that they had no objection to the reques t ed variance : • I • • • • • • Dated : Oc tober 27, 1977 Name : Mr s. Ha rry T. Zook Jr. Address : 3345 W. Grand Avenue Date : October 13, 1977 Name : Carolyn J. Schwartz Address : 3357 W. Grand Avenue Mr. Schaecher stated that he was requesting this variance to build the porch cover over an existing slab for the primary reason of keeping the sun out of his front picture window, which has caused his drapes and carpet to be faded from sun damage . His house faces in a southwardly direction causing an extreme sun problem . He also stated, that since the homes were built quite some time ago and they were all alike (tract homes), he felt the porch cover would enhance the looks of the house.a s have the other added porches in the area. There was discussion,by .the Board on the clarification of where the porch cover would be measured from, to reduce the required front yard setback . It was deter!Tlined that the cover would be measured from the support columns and not the roof overhang. Mr. Seymour motioned: To permit a variance to reduce the required 25 ft. front yard setback to a 20 ft. front yard setback for the purpose of erecting a 6 ft . by 17 ft. cover for the front porch of this single family residence . This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-2, H., (a) requiring a minimum 25 ft. front yard setback. This cover to be measured from the support columns and not the roof overhang . Mr. Bevier Seconded the Motion. Upon a call of roll, the following vote resulted: Ayes : Board Members Dawson, Leonard , Bevier , Seymour, Kreiling, Oliver. Comments : Mr. Kreiling : Yes, with the approval of the neighbors, and the adding of variety to monotony of the similar type houses. Nayes : None . Chairman Oliver declared the variance granted . • I • • ( ( ( • • - R. C. ANDERSON CASE NO. 42-77 3180 SO. FRANKLIN REQUEST : A variance to permi t the erection of a 22 ft. by 24 ft. detached garage resulting in a overlot coverage of 200 sq . ft . and to be 3 ft. from the side property line which is an enchroachment of 2 ft. into the sideya rd setback . STAFF REPORT: This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-2 e. t1aximum percentage of lot coverage 25%, and Section 22.4-2,L . (1(, (c) side yard setback 5 ft. This property was annexed into the city in 1946. The residence was built in 1954. The Comprehensive Zoning Ordinance now requires a minimum lot size of 9,000 sq . ft. with a 25% maximum lot coverage, and a minimum lot frontage of 75 ft . This lot is 7,500 sq . ft. in area and 60 ft. in width . There are several gara ges in the same district that were erected prior to the present Comprehensive Zoning Ordinances. This district is composed of low•density residential homes . Regulations for this district are primarily designed to protect and promote a suitable environment £or family life , to prohibit activities of a conun ercial nature within the district . This is an R-1-A zone which is a residential zoning district . Mr. Anderson stated that he wanted to build a 22 ft . by 24 ft . garage on his property because he does not have a garage at this time, and he just wants to get his cars off the street . He stated that he has three cars all parked on the street at this time . He has eight children and when they come home there are many more cars. This would be a two car garage.He stated that he has been a general contrac tor for twenty years and has the know-how to build a better than average garage in his opinion . After some discussion, it was determined, that the survey showing the location of the proposed gar a ge was in error . The correction being that the garage would be built on the south side of Mr. Anderson's property, and not on the north side . There was a discrepancy between the staff report and the letter from Mr. Anderson stating total sq. ft. and percent of lot coverage . Correction was made to the staff report, establishing the overlot coverage to be 320 sq. ft. which is 29.26% Mr . Bevier Motioned : to grant a variance from the basic allowable lot coverage of 25% to 29 .2 6% which is an over lot coverage of 320 sq. ft. and from the required 5 ft. sideyard setback, to 3 ft. for the purpose of erecting a 22 ft. by 24 ft. detached garage. This is a variance fro m the Comprehensive Zoning Ordinance, Section 22 .4 -2 e . Maximum • I • • - • • • • percenta n ge of lot coverage -25 %, and Sec t i o n 22 .4 -2 , L . (1), (c) side y ard se tback 5 ft. With amendments of the gara ge to be built from s outh property line and existing stor age shed t o b e removed . Mr . Kreiling Seconded the Motion. Upon a call of roll, the following vote resulted : Ayes : Board Members Dawson, Leonard, Bevier, Seymour, Kreiling, Oliver . Nayes : None . Chairman Oliver declared the variance granted. RUTH M. DAV I S CASE NO. 43-77 4422 SOUTH PEARL ST. REQU EST : A variance to permit an existing sto rage shed to remain 18 inches from the south property line and 12 inches from the alley line . STAFF REPORT : This is a variance from the Com prehensive Zoning Ordinance, Section 22. 4-4 1. (1) (c) and (d) which requires accessory building to be 3 ft. from t he alley and side yard property lines. This area was part of original Englewood. The shed was built on an existing slab without a permit. This is an area of moderate residential use. There is a 6 ft . wooden fence to the south of this storage shed. This is an R-1-C z one which permits single family residence s and accessory buildings. Mr . Robert 0 . Davis , speaking for his mother Mrs. Ruth M. Davis , submitted petioner's exhibit No . 1, for his case, from the neighbors to the south of Mrs. Davis' property, stating that they had no objection to to the existing storage shed. Mr . and Mrs . Robert N. Read 4430 S . Pearl Englewood, Co. 80110 October 10, 1977 Mr . Davis stated that the location of the storag e shed had • I • • ( ( ( • • • - previou sly b een used as a catch-all for trash and debri s . He felt that t he property's appearance had been enhanced by t h e now existing storage shed. He stated that he had ere ct ed the s h ed withou t a permit, thinking , that it was a temporary s t ructure that did not need a permit. He als o p u t the s l ab in . Th ere was discussion between the Board members and Mr . Dav i s , clarifing the height of the rear alley fence as be i ng a 4 ft . chain link fence, the the h~ight of the south proper t y line fence as being 6 ft . and wooden . The height of the storage shed being established as equal to the height of the 6 ft . south property line fence. The discussion also determined that the property did have a small one car garage, which, when filled with the car, leaves no room for any storage, establishing a need for an additional storage shed . The storage shed would be u sed for storage of garden supplies and lawn care tools . The shed was a purchased galvanized steel shed costing aproximately $250 .00 . There are several other similar s heds in the same area. Mr . Bevier Motioned : to grant a variance to permit an existing storage shed to remain 18 in . from the south property line and 12 in. from the alley line . This is a variance from the Comprehensiv e Zoning Ordinance .Section 22.4-4 1 . (1) (c) and (d) which requires accessory buildings to be 3 ft . from the alley and side yard property lines . Mr . Seymour Seconded the Mo tion . Upon a call of roll, the following vote resulted : Ayes : Board Members Dawson, Leonard , Bevier, Seymour , Kreiling Oliver . Conune n ts : Na ys : Mr . Kreiling: Yes, in that there is the permission of the neighbors to the south , and it does add to appearance of the neighborhood compared to his discr i ption of wha t was t here previously . None . Chairman Oliver declared the v aria nce gran t ed . • 0 I • • • • - ALEX CZARNY CASE N0 .44-77 4766 SO. ELATI STREET REQUEST : A variance from the required total side yard setbacks of 18 ft. with a minimum sidey ard setback of 7 ft. to a total sideyard setback of 10 ft. with a minimum side yard ~etback of 5 ft. This structure would be erected on a 50 ft . wide lot. STAFF REPORT : This is a variance of the Comprehensive Zoning Ordinance, Section 22 .4-2, i. (2) (a) requiring a 7 ft. minimum sideyard setback with a tot al side yard setback of 18 ft. and Section 22.4-2 F. (2) (a) requiring a minimum lot frontage of 75 ft. This property was annexed into the city in 1950 . The old house is being torn down that now exists. The Compreh7nsive ~oning Ordinance requires a lot frontage of 75 ft . This particular lot has a 50 ft. frontage. The owner proposes a new dwelling unit to be located on the property . Ma n y other dwell ings in this block are on 50 ft . lots and other adjacent lots are unavailable to him for purchase . This area consists of single family residences located upon basically 50 front frontages. This is an R-1-A zone which is a single family residence zone . Mr. Oliver noted fo r the record t hat the newspaper add for this case was inaccurate in that it did not mention the address of 4766 So. Elati as being the location for the requested variance. Rather, it gave the address of 1055 W. Stanford Ave . Mr . Czarny stated that the zoning for his area requir ed a 75 ft. frontage, but that there were very few lots equally that frontage . Most of the surrounding properties having approximately 50 ft. frontages including his own . Mr . Bevier and Mr. Oliver stated that Mr . Czarny's request would be a variance from the R-1-A zon ing, but that it would stat e what the R-1-C would include . Mr. Czarny stated that he was not committed to a specific plan or builder yet, but that he would build what would appl y to an R-1-C lot zone . He also stated that he was proposing to build the structure for rental purposes . Mr. Oliver stated that the structure would have to conform to the minimum sq. ft. lot coverage for R-1-A which would be 1,100 sq . ft . and a maximum 30% lot coverage of 1 ,87 5 sq . ft. without an additional variance request. • I • • ....... ( • • • - Mr . Czarny state d t hat he felt there would be no problem with his proposed structure conforming to the required R-1-A lot coverage requirements . He also stated that the existing shed would be torn down. He has future plans for a 2-car garage also. Mr. Leonard requested that, because the address was omitted from the newspaper advertisment, the six conditions which must be present as related to the subject property for a variance, be added to the record as follows : 1. That the variance will do substantial justice to all and not just the particular applicant for the variance. 2. That the plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property , not created by the owner or owners and not due to general conditions in the District in which the property is located . 3. That the development or use of the property if held strictly to the zoning standards of t he District in which it is located, cannot yield a reasonable return in service, use, or income compared to adjacent conforming property in the same District. 4. That the variance, if authorized, will neither weaken the general purpose of this Ordinance nor t he regulations prescribed for the ·D istrict in which the property is located . 5. That the variance, if authorized, will not alter the essential character of the District in which the property is located. 6. That the variance, if authorized, will not substantially or permanently injure the appropriate use o f adjacent con forming property . Mr . Seymour Motioned to grant a vari~nce fr~m.the r 7quired total side yard setbacks of 18 ft. with a minimum sideyard setback of 7 ft . to a total sideyard setback of 10 ft. with a minimum sideyard setback of 5ft: This. . is a variance of the Comprehensive Zoning Ordinance, Section 22 ,4-2, i. (2) (a) requiring a 7 ft. minimum sid7 yard setback with a total sideyard setback of 18 ft. and Section 22.4-2 F. (2) (a) requiring a minimum lot frontage of 75 ft . Permitting a 50 ft. frontage. Mr . Bevier Seconded the motion . • D I • • n • • - Upon a call of the roll , the following vote resulted : Ayes : Board Members Dawson, Leonard, Bevier , Seymour, Kr eil ing, Oliver . Comments: Mr. Oliver stated t hat he fe l t new construction in thi s area would be a help to the neighborhood . Nays: None . Chairman Oliver declar ed the variance grante<l. ----------------------- DONALD HOFF 2750 SO . OGDE N CASE NO. 45-77 REQUEST : A variance to permit the construction of a breezeway 6 inches from the North property line and 350 sq. ft . overlot coverage . This is a varian ce from the permitted lot coverage of 25% to 29.6 and from the required sideyard se tback of a minimum of 7 ft. to a sideyard setback of 6 inches on the nort h side . STAFF REPO RT : This is a v ariance from the Comprehensive Zoning Ordinance, Section 22.4 -2 E., requiring a minimum lot coverage of 25% and Section 22.4 -2 I . (2) (a) requiring a minimum sideyard setback of 7 ft . Th e contractor is just completing a room addition on the rear of the premises . There is a detached garage located in the rear of t he premises . Th e breezeway which would attach the room addition to the garage will facilitate additional covered off- street parking . The hom e to the north of the breezeway is appro ximately 15 f t. aw ay . A similar breezeway had been erected across the street . The a rea is entirely made up of single family residences . This is a R-1-A zone which is a sin gle family dwelling district . Mr . M.A.Keith of MAK Construction Co. represented Mr. and Mrs. Donald Hoff . He subm itted Petitioner's Exhibit No. 1, which was a letter from the following n eighbor, stating that they had no objection to the requested variance: Mr. Chet Jordon 2740 So . Ogden Englewood, Co . 80110 November 9 , 1977 • ) I • • • • • • Mr . Keith stated that the breezeway would be used primarily a s a covered access to and from the house from the garage especially during bad weather .. There is no alley and the g a r age must be entered from the street . The breezeway would be open on three sides with the fourth side being the en t rance to the garage . The breezeway would extend into t he s i deyard se tback to within 6 inches of the north propert y line enabling th e use of the center garage support as one of the four c orner s upports for the breezeway . He stated that the garage would be entered by driving underneath the breezeway in t o either side. He also stated that there is a similar breezeway located on the property across the street . The breezeway would be constructed of the same materials as the house and garage. There was discussion by the board determining the clarification of the enchroachment into the sideyard setback, determining that the breezeway would be 6 inches from the north property line. Also, that the total lot coverage would be 29.6%. Mr . Seymour Motioned t o grant a variance from the permitted lot coverage of 25 % which is covered in the Comprehensive Zoning Ordinance , Section 22.4-2 E . to 29 .6% which is a 350 sq. ft . overlot coverage, and a variance of a minimum of 7 ft . side yard setback which is covered in Section 22.4-2 I (2) (a) to a sideyard setback of 6 inches on the north property side . Mr. Kreiling Seconded the Motion. Amendment to the motion was made by Mr. Kreiling making the Motion read "the breezeway shall remain open on three sides and closed where attached to existing garage." Upon call of the roll, the f ollowing vote resulted : Ay es : Na ys : Board Members Dawson, Leonard , Bevier, Seymour, Kreiling, Oliver. ' None . Cha i rman Oliver declared the v ar i ance Granted . • I • • • • - RICHARDT. HUDSON CASE NO. 46-77 4783 SO . BANNOCK REQUEST: A variance to permit a television and C. B . repair shop in a detached garage in a R-1-C zone. STAFF REPORT : This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 b . Permitted principal uses, and Section 22 .4-4 L. (3) Home Occupations. In August of 1977, a Code Enforcement Officer discovered the repair shop and informed Mr . Hudson t hat this repair shop was not permitted in this district and that it would be in his best interest to appeal to the Board for a variance if he would like to keep the repair shop in his detached garage . The garage has been wired and the walls enclosed for a repair shop. Mr. Hudson has one part time employee. All work is done within the garage and most appliances in need of repair are picked up at the owner's home to avoid increased traffic to his residence . Off-street parking has been reduced by the elimination of the garage, but could be relocated else where on the premises . The garage is substandard in several areas of the building code, which are in need of correction . A similar variance was granted in this district . This district is composed of low-density residential homes. Regulations for this district are primarily designed to protect a,d promote a suitable environment for family life, to prohibit activities of a commercial nature within the district. This is an R-I-C zone which is a single family zoning district . Mr. Hudson stated that because of his limited income, which is a monthly disability income from V.A ., he needed to do the repair work for extra income. He stated that he attended the Denver Institute of Technology last year and upon graduation began the repair work for friends mostly as a hobby, for experience . It wasn't until just recently that he decided to try and make it into a business. He also stated that there was not much traffic at his residence as a result of this work. because most of his work.he picked up and delivered himself . There was discussion between the Board Members and Mr. Hudson clarifing the issue of the "part -time employee".It was determined that he worked approximately 12 hours a month repair- ing televisions . The part-time assistant receives no pay, but his presence and assistance constitutes him be ing an employee. Mr . Pittman submitted petitioner's exhibit no. 1, which was a letter from the neighbor across the alley, stating that their driveway in the alley had been blocked several times in the past due to business dealings of Mr. Hudson . The y stated that they • ) I • • ( • • • did not wish to deny Mr . Hudson of his variance, only to assure tha t provisions were made to keep there alley and driveway clear . Mr . and Mrs. J . Zellmer 47 86 So. Cherokee Englewood, Co . 80110 November 9, 1977 Mr. Hudson responed to the submitted letter, stating that to his knowledge, there had at no time been any discussion between his neighbors and himself over any blocking of the alley . He felt that on only two occasions did he have any friends or customers using the alley and even then he did not feel that the neighbor's driveway was blocked . Mr . Hudson submitted Petitioner's exhibits No. 2 and 3 , which were letters from the neighbors on the north and south of his property, stating that they had no objection to his requested variance. David A. Keating 20 1 W. Layton Ave. Englewood, Co . 80110 October 14, 1977 Mr. and Mrs. Ayers 4779 So. Bannock St . Englewood, Co . 80110 October 13, 1977 Mr. Oliver read in t o the records the requirements for Home Occupations for the R-1-C Zone . HOME OCCUPATIONS: (a) (b) (c) (d) (e) (f) It is operated in its entirety within the dwelling unit and only by the person or persons maintaining a dwelling unit therein . No assistants are enployed . The hours and the manner of such use and the noise ~ crea t ed therebv are not such as to interfere with the peace, quiet or dignity of the neighborhood and adjoining properties. There shall herein . be no advertising except as permitted The office or business does not have a seperate outside entrance. The office or business does not utilize more than twenty (20) percent of the gross floor area in the dwelling unit, but in any event, not more than three • I • • n • (g) • • - hundred (300) square feet; provided, however, that this limitation does not apply to foster family care. The use of electric motors is limited for power, with a total limitation of three (3) horsepower and single unit over three-quarter (3/4) horsepower. Mr. Oliver stated that Mr . Hudson was requesting a variance from several portions of the Section 22.4-4 L.(3) (a) (b) (c) and (e) . Mr. Pittman brought to the attention of the Board Members the six proposed target areas for the Rehabilitation Program, stating this was just for the irnformation of the Board . Mr . Bevier Motioned to grant a variance to permit a television and C. B. repair shop in a detached garage in a R-1-C zone. This is a variance of the Comprehensive Zoning Ordinance, Section 22 .4-4 b. Permitted principle uses, and Sec tion 22.4-4 L. (3) Horne Occupations. This shop must be constructed to meet the Code . The uses of the variance shall meet those required under the Home Occupation Section of this zoning ordinance. Such use shall be restricted to the present resident owner and shall be reviewed on an anual basis as a conditional variance, subject to revocation by the Board of Adjustment and Appeals . Mr. Kreiling Seconded the Motion. Upon the call of the roll, the following vote resulted : Ayes: Board Members Dawson, Leonard, Bevier, Seymour, Kreiling, Oliver . Nays : None: Chairman Oliver declared the variance granted. A date for the special study session was set for November 29, 1977 at the Hungary Dutchman Restaurant at I-25 and Arapahoe Rd . There being no further business to come before the Board , the meeting adjourned at 11 :00 P.M. Recording Secretary Valerie Christy • ) I • • In l"'"'I • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION November 15, 1977 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Judith B. Pierson. Members present: Draper, Lathrop, Owens, Parker, Pierson, Wade Wanush, Ex-officio Members absent: Smith, Tanguma, Williams Also present: Assistant Director Romans Associate Planner House Code Enforcement Officer Schneider. II. APPROVAL OF MINUTES, Chairman Pierson stated that Minutes of November 9, 1977, were to be considered for approval , Owens moved: Draper seconded: The Minutes o f November 9, 1977, be approved as written. AYES: Pierson, Wade, Draper, Lathrop, Owens, Parker NAYS: None ABSENT: Smith, Tanguma, Williams The motion carried. III. COMPREHENSIVE ZONING ORDINANCE §22.4-13 I-1, Light Industrial CASE #22-77 Mrs. Pierson stated that there are several Public Hearings scheduled for this evening pertaining to amendments to the Comprehensive Zoning Ordinance. Wade moved: Draper seconded: The Public Hearing on Case #22-77 be opened. AYES : P arker, Pierson, Wade, Dra per , Lathrop, Owens NAYS: None ABSENT: Smi th, Tanguma, Williams The motion carried. Mrs. Pierson asked for the staff presentation. Mrs . Dorothy A. Romans, Assistant Director, was sworn in and testified that the matter before the Planning Commission per- tains to the amendment of §22.4-13 of the Comprehensive Zoning • I • • • • - -2- Ordinance, the I-1, Light Industrial Zone District. Public Notice o f this Hearing did appear in the official city news- paper, and Mrs. Romans asked that the staff report be included as a part of the record of this Hearing. Mrs. Romans stated that the basic amendment is to permit automobile wrecking yards and junk yards as a Conditional Use in the 1-1 Zone District. There would be requirements placed on the new automobile wrecking and junk yards; the proposed amendment would require that new yards have a minimum of five acres in lot area, and that an eight (8) foot closed-face fence would be required on the perimeter of the yards. Existing yards would be allowed the right to ex- pand, but would not have to expan d to the five acre minimum. All wrecking and junk yards would have to expand onto abutting propert y, however. Mr. L athrop ask e d if the existing yard owners would have to erect eight-foot fe nces around t heir property? Mrs. Romans stated they would not ; present restrictions require the en- closure of t he yards with a six-foot closed-face fence. Mrs. Rom ans sta te d that in the staff report, the staff has suggested some changes in this proposed amendment which merit discussion. Mrs. Romans pointed out on the Zoni ng Map in the City Council Chambers that the I-1 Zone District is generally in close proximity to a residential zone district and, therefore, is more restrictive than the 1-2, General Industrial District. By placing a five-acre minimum on new auto wrecking yards or junk yards, it is implied that "big is good", and that "small is not goo d", and in effect, we would be encouraging a more "intense" use in the 1-1 Zone District. The staff is now pro- posing that rather than the five acre minimum, there be a maximum size limita t ion on the yards, and have suggested in the staff report that there be a on e acre maximum in the I-1 Zone District f or any new yards. There is an existing auto wrecking yard in the I-1 Zone District that is not an acre in size, and another yard that exceeds the one acre maximum f or new yards. These yards would not become non-conforming because of the area, but the yard in excess of the one acre maximum would not be able to expand. Mrs. Romans stated that another point of discussion would be the requirement o f an eight-foot wall or fence on the perimeter of the property ; this would be very expensive , and the staff questions the benefits it would provide over and above the presently required six-foot fence. A minor addition to the amendment would be to also require existing yards, not just new yards, to conform with the Auto Wrecking and Junk Yard Ordinanc e c ontained in the 1969 Englewood Municipal Code. Discussion o f the proposed size limitation of the auto wrecking yards ensued; Mr. Owens stated that he felt there should be some minimum size limitation as well as a maximum size limitation. He suggested a minimum size limitation of 1 /2 acre, with the maximum size limitation of one or two acres. Mr. Draper stated that when the area was annexed and zone d, it was to provide a tax base for the schools; it s eems t o him • ) I • • -• • • -3- that the use of an auto wrecking yard and junk yard does not f it in with the original plans f or the area, and he fe l t the development of f u rther such uses should be restricted. If s mall wrecking yards and junk yards a re permi tted, t here will be more o f them, and he questioned that this is what is wanted. Mr . Lathrop stated that he under stoo d the yards in existence would have to come up to Code . Mrs. Romans stated that t he auto wrecking and j unk yards h ave had t o meet the Cod e since 1963 when the Au t omo bile Wrecking and Junk Yard Ord ina nce was adopted. Th is Ordinance is not part o f the Com prehensive Zoning Ordinance, but is a part o f the Englewood Muni cipal Code. These e xisting a uto wrecking and junk yards do compl y with this Ordinance , and are subject to periodic inspection, which will continue. Mrs. Romans sta te d that the Commission has suggested amendments to th e Au t o Wrecking Yard/Junk Yard Or dina n ce ; but it is not necessary that the Planning Commission hold a public hearing on the proposed amendments to this Ordinanc e. This matter can simply be referred back to the City Council. Mrs. Pierson asked i f any member of the audience would like t o address the Commission on the proposed amendment o f the I-1 District. Carey Strauss 1922 West Warren -was s worn in, and discussed the provision requiring screening of the yards . Mr. Strauss pointed ou t that it makes mention o f brick, b lo ck and wooden fences, bu t does not make men t ion o f metal fen ces. He not e d that mos t of the auto wrecking yard owners have metal fe nces around their property. Mr. Strauss then stated that he felt if the size o f new lots was limited to one acre, th is would encourage "backyard wrecking yar ds." Mrs. Romans point ed out that the proposed amendment t o the I-1 Zone District would require that a ll new yards be approved by the Planning Commission be fore they could begin operation . Contro ls can be placed on the new yards at the t im e o f Com- missi on c onsideration . Auto Wrecking and Junk Yar ds would not be a "permitted use " in the I-1 Zone Di str ict, but would b e a "Conditional Use" subject to Planning Commission approval, and would have to meet the controls o f the Conditional Use section of the Co mpreh ensive Zoning Ordinance. Mr. Strauss discussed th e minimum and maximum size proposals for new yar ds ; he pointed out th at it takes a certain amount of land to be economicall y feasible t o u se it f or the auto wrecking and j unk yard business. He stated that h e did fee l the f ive acre minimum pr eviously suggested by the staf f would eliminate any new a u to wrecking yards ; there isn 't that much vacant land in any one parcel or adjoining parcels in the I-1 Zone District, Mr. Strauss asked if the proposal suggested by sta ff would allow auto wrecking yards only in the Northwest Englewood area • ) I • • • • • -4- that is z oned for I-1, Light Industrial use, or would auto wrecking yards be allowed throughout the I-1 Zone in the City? Mrs. Romans stated that upon Planning Commission and City Council approval, an auto wrecking or junk yard could be loca ted in any area of the City that is zoned I-1, Light Industrial. Mr. Ow ens discussed the fencing of the yards, and suggested the reason the brick, block or wooden fencing was suggested was an attempt to improve the outward appearance of the auto wrecking and junk yards. Mr. Strauss stated that part of the fence on his yard is wooden, and the rest is metal. He pointed out there is a problem with people breaking a wooden fence. Mr. Strauss pointed out that most of the auto wrecking /junk yard owners have galvanized met a l fencing that is painted. Mrs. Pierson stated that she felt the Commission and staff is trying to avoid the chain link fencing with the metal stripping woven through the links, and that the Commission has not dis- cussed the elimination of the galvanized metal fencing . Mrs. Romans pointed out that the fencing requirements would not per- tain to the existing yards; they would be allowed to maintain the fencing they now have. Mr. Lathrop asked what size Mr. Strauss' yard was? stated that his property is approximately .7 acre, fenced. Mr. Strauss which is all Mr. Owens asked if an owner of an ex isting auto wrecking yard or junk yard ere to expand onto an adjoining piece of land whether that property owner would have to obtain permission of the Commission to expand onto that land, and at that point whether the Commission could require new fencing around the existing property as well as the expanded portion? Mr. Wanush questioned that this would be a reasonable requirement. Dis- cussion ensued. Mr. Owens pointed out that the Commission cannot look only at "what is happening today", but must consider what may happen some time in the future. The Commission must also consider all of the area in the City that is zoned f or I-1, Light Industrial use, and not just this particular area in Northwest Englewood. The minimum size for feasible operation of an auto wrecking or junk yard was discussed. Mr. Strauss pointed out that it would not be economically feasible to use a "ba ck yard" for an auto wrecking yard operation. Further discussion ensued. Mrs. Pierson asked i f anyone else wished to speak on the matter before the Commission. No one indicated a desire to speak , Owens moved: Wade seconded: The Public Hearing be closed. AYES: Owens, Parker, Pierson, Wade, Draper, Lathrop NAYS: None ABSENT: Smith, Tanguma, Williams The motion carried, • ) I • • • • - r,, -5- Mr. Wanush stated that he felt the suggestion that a minimum size as well as a maximum size to be imposed on the auto wrecking and junk yards was a good suggestion. Mr. Wanush suggested that the auto wrecking and junk yard owners migh t be required to maintain a solid, opaque fence rather than specifying the wood, brick, block or concrete material. Mr. Owens stated that this would leave the matter open to the judgement o f the Commission at such time as an application for Conditional Use was before the Commission. Mrs. Pierson questioned that this would be the case. Mr. Wanush commented that he felt it would be up to the discretion of the Commission, He further pointed out that a chain link fence with metal stripping is not opaque. Further discussion on the wording of the restriction on the fencing ensued. The minimum/maximum lot size requirements were discussed. M~ Owens asked the opinion of the rest of the Commission about a minimum of 3 /4 acre with a maximum of 1-1/2 acre. Mr . Draper stated he did not feel it was restrictive enough. He stated he felt the minimum should be no less than one acre. Mrs. Pierson stated that the Commission has studied this mat ter for over one year, and that she personally has found out a great deal about the operation which has bee n a revelation to her ---these ar e going businesses, well organized, and do provide a valuable service to the community, She stated she felt the Commission and City Council should work to make it possible for these auto wrecking and junk yards to f unction as a business. Mr. Draper stated that it is not his intent to put these businessmen out of business, but was onl y trying to prevent the entire area from develop ing as auto wrecking or junk yards. Mr. OWens questioned whether it wo uld be economically feasible to open a new junk yard or wrecking yard. He stated that he felt the basic intent o f the proposed amend- ments is to take care of "what we have now"; these are legitimate businessmen and they are providing a service to the communit~ and should be allowed to make improvements to their property. The proposed amencbnents would make it possible f or these business people t o construct a building on their property to house the parts removed from the auto bodies. Further discussion ensued, Mr. Lathrop stated that with the stock that an auto wrecking yard owner must carry, he would be inclined to agree with Mr. Draper that the minimum size should be at least one acre. Further discussion ensued. Owens moved: Wade seconded: The Pl ann ing Commission recommend to City Council that t he Comprehensive Zoning Ordinance, §22,4-13, I-1 , Light Industrial District, be amended by adding a new sub-section (h) entitled "Conditional Uses", which reads as follows: h. CONDITIONAL USES. PROVIDED TIIE PUBLIC INTEREST IS FULLY PROTECTED AND THE FOLLOWING USES ARE APPROVED BY THE CITY PLANNING AND ZONING COMMISSION AND CITY COUNCIL: • I • • n r -6- • • - (1) USES (a ) AUTOMOBILE WRECKING YARDS AND JUNK YARDS (1) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD OPENED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE ON 8N13 A PARCEL OR ADJOINING PARCELS OF NOT LESS THAN Fi¥E ONE ACRE BUT NOT TO EXCEED ONE AND ONE-iiALF ACRE-. -- (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE, SHALL BE ENCLOSED ON ITS PERIMETER WITH A BB€8RA~i¥E 9h8BEB-FA€B W88BBN FEN€B 8R 881,iB eeN- 8RB'fB; Bb8€K 8R BRI8K WAbb N8~ bES8 'FHAN Ei6H~ FEB~ tN HEi6H~7 SOLID, NON- TRANSPARENT VERTICAL WALL OR FENCE WITH A MINIMUM HEIGHT~SIX FEET AND ~ MAXIMUM OF TWELVE (12) FEETt.IBASURED FROM GROUND LEVEL. FENCES OF WOVEN WIRE OR CHAIN-LINK MATERIAL-'sHALL BE PROHIBITED. ~~ - (3) ANY AUTOMOBILE WRECKING OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE AND ALL YARDS EXISTING ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL COMPLY WITH SECTION's"T"""THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, ENTITLED AUTO WRECKING AND JUNK YARDS, AND ALL OTHER APPLICABLE CODES OR ORDINANCES. (4) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD WHICH IS LICENSED BY THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE DEEMED TO BE AN APPROVED YARD WHETHER OR NOT IT HAS A MINIMUM AREA OF Fi¥E ONE ACRE , AND SUCH YARD MAY BE EXPANDED ONTO ABUTTING PROPERTY PROVIDED THAT SUCH EXPANDED YARD CONFORMS TO THE REQUIREMENTS OF THIS AND ANY OTHER APPLICABLE CODES OR ORDINANCES. Mrs. Pierson questioned the need for a maximum height on the fencing, and stated she would like to see a smaller minimum size requirement on the yards than the one acre. She stated that she would have to vote against the motion as it is now proposed. Discussion ensued. • ) I • ( • • • • -7- Pierson moved: The motion b e amended by reducing the minimum lo t area f or a new auto wrecking yard or junk yard to 1 /2 acre, and that the maximum height o f the required fencing be eliminated. There was no second to Mrs. Pi e rson's motion. Mr. Lathrop stated that he felt the on e acre minimum would pro- tect the people already in the auto wrecking/j unk yard business. Discussion ensued, Mr , Parker stated that h e felt t he one acre minimum was p r oper. The vote was calle d on Mr , Ow ens' motion : AYES: Lathrop , Ow e ns , Park er, Wade, Draper NAYS: Pierson ABSENT : Tanguma, Willi ams, Smith The motion carried, Mrs. Pi erson recognized Mr, Vardeman , who pointed out that wooden fe nces will burn, and that Fire Chief Ha mil t on had recommended the c orrugated me tal fencing, which will also give a shield to the firemen in the e v ent o f a fire within the yard, IV, COMPREHENSIVE ZONING ORDINA NCE §22.4-14 I-2 Zone District Wade mov e d : CASE #2 3-77 Owens seconded : The Public Hearing on Case #23 -77 be opened. Mr. Tanguma entered the me eting and took his place with t he Commission. The vot e was called; AYES : Draper , Lathrop, Owens, Parker , Pierson, Wade NAYS: None ABSTAIN: Tanguma AB SENT : Williams , Smith The motion carried, Mrs. Romans s tated that this Public Hearing is to consider an amendment to the I-2 Zone District, §22.4-14 of the Comprehensive Zoning Ordinance, and discuss ed the proposed am endment , Mrs. Romans stated that the public notice of this hearing did appear in the o fficial city newspape r , a nd she asked that the staff report be made a part o f the record of this Hearing, The proposed amendment will add Au tomobile Wrecking Yar ds and Junk Yards to the list o f Permitted Principal Uses in the I-2 Zone District, The staff has suggested no minimums or maxi- mums on the automobile wrecking yards or junk yards under the • I • • • - -8- pro posed am e ndment, The proposed §9 should b e cha n ged to state th at all automo bile wrecking yards and junk yards mus t comply wi t h the Auto Wrecking a nd J unk Yard Ordinance as c on- tained in the Munici p al Code --not j us t n ew yards . Mrs. Romans not e d that the I-2 Zone District is not as a rule in c lo se proximity t o residential areas, and does permit mor e intensiv e uses than the I-1 Zone Dis trict permits, Mrs. Romans stated that the staff has discussed the possibility of no t permitting small yards in this z one district, but has made no recomm endation on the matter. Mrs. Pierson as k ed if there were any members o f the au di ence who wished to speak on the pro posed amendment ? No one spoke on this matter. Wade mo ved : Tanguma seconded: Th e Public He ari n g on Case #23-77 be c losed . AYES: Wade, Draper, Lathrop, Owens, Par k er , Pierson, Tanguma NAYS : Non e ABSENT: Williams , Smith The motion carried. Mr . Wanush stated that he s upporte d Mrs. Rom ans' comments rega rding size considerations in the propos ed a men dmen ts . I f the maximum size in the I-1 Zone District is recommended as 1.5 acres, h e suggested th a t t h e Commission consider the possibility o f making 1,5 acres th e minimum size in the I-1 Zone District, Discussion ensued. Ow ens mov ed: Wade seconded: The Planning Commission r ecomm end to City Counc i l that the Comprehensive Zoning Ordinance §22 ,4-14, I-2, Genera l Industrial District, be amended b y a dding the reto an addition al sub- section (9) to §22,4-14 b, Permitted Principal Uses, which r ea ds: AUTOMOB~LE WRECKING OR JUNK YARD: ANY AUTOMOBILE WRECKING OR JUNK YARD APPROVED UNDER THE PROVISIONS OF THIS ORDiNANCE SHALL HAVE A MINIMUM AREA OF ONE AND ONE -HALF (1-1/2 ) ACRES, AND SHALL COMP LY WITH THE PROVISIONS OF SECTIONS 1 THRU 11, INCLUSIVE , CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED , AND ANY OTHER APPLICABLE CODES OR ORDINANCES, AYES: Ta n g um a, Wade, Draper, Lathrop, Ow e ns, Parker, Pierson NAYS: None ABSENT: Williams, Smith The motion carried. • I • • ( { ( • • - -9- Mrs. Pi erson declare d a r ecess of the Conun ission at 8:20 P.M. The meeting reconvene d at 8:30 P .M. with the f ollowing attendance: PRESENT: ABSENT: Tanguma, Wad e, Draper, Lathrop, Ow ens, Parker, Pierson Smith, Willi am s V, COMPREHENSIVE ZONING ORDINAN CE §22.5 Supplementary Regula tions Wade moved: CASE #24-77 Owens seconded: The Public Hear ing on Case #24-77 be opened. AYES: Pierson, Tanguma, Wade, Draper, Lathrop, Owens, Parker NAYS: None ABSENT : Smith, Williams The motion carried. Mrs. Romans stated that this public heari ng c oncerns the pro- posed amendment o f §22.5, Su p plementary Reg ulations, by revoca- tion of the existing §22.5-21, entit led Au t o Wrecking Yards and Junk Yards, and the enactment o f a n e w §22,5-21 ent i tled "Conditional Uses", which proposed section s e t s f orth the standards and regulations governing a Conditional Use. Mrs. Romans noted that Conditional Uses are permi tte d in all Zone Districts, and that at the present time there are no standards or regulations pertaining t o such uses. The pre sent §22.5-21 pertains to automobil e wrecking yards and junk yards being Non- conforming Uses and will no longer be applicable i f the proposed amendments are made to the 1-1 and I-2 Zone Districts . Mrs. Romans stated that public notice of this bearing did appear in the Englewo o d Herald Sentinel, and asked that the s t aff re- port be made a part o f the record of this hearing . Mrs. Romans s tated that the proposed Conditional Use standards and regul ations have been reviewed on several occ asi ons with the Planni ng Commis sion. The propo se d standards and regulations requir e that a site p lan be pr ese nted to the Commission for their consideration; the Commission mus t prepare findings o f fact based on the standards and regula tions on a ll c as es requesting approval of a Condi t ional Use. Mrs. Romans discu ssed o the r pertinent points o f t h e proposed amendment. The Chairman asked if there were any persons present who wish e d t o speak on this matt er. There were no persons present who wished to speak. Tanguma mov ed: Wade seconded : The Publi c Hearing on Case #24-77 be closed. AYES: Parker, Pierson, Tanguma, Wade, Draper, Lathrop, Owens NAYS: None ABSENT : Williams, Smit h The motion carried. • 0 I • • ·In -10- Wade mov ed : Owens seconded : • • - The Planning Commission recommend the amend- ment o f the Comprehensi ve Zoning Ordinance by repealing §22.5-21, Automobile Wrecking and Junk Yards, which states: "All existi ng automobile wrecking yards and junk yards are recognized as Non-conforming Uses on t he effecti ve date of the Ordinanc e amending Chapter 22 o f the Municipal Code o f the City of Englewood, Colorado, subject to the provisions f o r Non-conforming Us es in §22.6 o f th is Ordinance and subject to all other applicable ordinances of the Cit y of Eng lewood, Colorado. AYES: Ow e ns, Pa r ker , Pierson , Tanguma, Wade, Draper, Lathrop NAYS : Non e ABSENT: Smith , Williams The motion carried . Owens moved: Tanguma seconded: The Planning Commission recommend the amend- ment of the Comprehensive Zoning Ordinance by the enactment of a new §22 .5-21 , entitled Conditional Use. This section will set f orth: 1. The legislative purpose and intent of the Conditional Use section. 2. Th e procedure for application, 3. The procedure t o be followed in submitting a site plan f or the proposed Conditional Use. 4. The requirements for the approval of the Conditional Use and the Findings of Fact. 5, The application process ---what the staff must do and what the Planning Commission must do . AYES: Lathrop, Ow ens, Parker, Pierson, Tanguma, Wade, Draper NAYS : None ABSENT: Smit h, Williams The motion carried. VI. COMPREHENSIVE ZONING ORDINANCE §22.8 Definitions Lathrop moved : CASE #25-77 Wade seconded: Th e Public Hearing on Case #2 5-77 be opened • ) I • • - ( ( • • • • -11- AYES : Draper, Lathrop, Owens, Parker, Pierson, Tanguma , Wade NAYS : None ABSENT : Smith, Williams The motion carried. Mrs. Romans stated that public no t ice o f the hearing had appeared in the official city newspaper, and asked that the staff report be made a part of the record o f th is hearing. Mrs. Romans stated that this is a matter of clarification, and entails the enactment o f a new d efinition of "Conditional Use " and the repeal o f the present d efini tion of "Conditional Use". Mrs. Pierson ask ed i f there were any questions or if anyone wished to speak on the mat ter at hand? No persons were present who wished to speak. Tanguma moved : Owens seconded: The Publ ic Hearing on Case #25-77 b e c losed . AYES : Wade, Draper, Lathrop, Ow ens, Parker, Pierson, Tanguma NAYS: None ABSENT: Williams , Sm ith The motion carried . OWens moved: Tanguma seconded: Th e Comprehensive Zoning Ordinance be amended by the deletion o f the pres e nt definition o f "Conditional Use", and enac ti ng the fol lowing new definition o f "Conditional Use": "A us e which may be permitted in a zone dis trict thro ugh t he granting of a special exception by the City Planning and Zoning Commission upon a f inding t hat it meets speci fied c onditions." AYES : Tanguma, Wade, Draper, Lathrop, Owens, Parker, Pierson NAYS : None ABSENT : Williams, Smith The motion carried. VII. DONALD L. MARSHALL Pla nne d Development 3270-80 South Bannock Lathrop moved : CASE #21-71 Wade seconded: The Public Hea ri n g on Case #21-77 be opened. AYES: Tanguma, Wade, Draper , Lathrop, Owens, Parker, Pierson NAYS : None ABSENT : Smith, Williams The motion carried. • I • • • • • -12- Mrs. Rom a ns stated that public notice of the public hearing appeared in the official city newspaper , and the property has been pos te d the required time. She asked that the staff report be made a part of the record o f this hearing. Mrs. n<>mans stated that the Planned Dev elopment application was filed by Mr. Donald L. Marshall, owner of property at 3270-72-74-76-78-80 South Bannock Street, for an addition to his office building at 3290 South Bannock Street. This area is on the periphery of the B-1 zoning, and Mr. Marshall has an application before the City Council for a change of zone classification on this proper ty from R-2, Medium Density Resi- dence to B-1, Business. It is the understanding of the staff th at the Planned Developmen t is s ubm itted at the sugges t ion of the City Council. Mrs. Romans noted that Mr . Marshall is not present at the meeting, but is repres e nt ed by Mr. Bob Lewis. Mr. Robert Lewis 9794 West Marilyn Drive -was sworn in . Mr . Lewi s testified that he is associated with Mr. Marshall in his architectural firm. The subject property is north of the existing office building at 3290 South Bannock Street; the office bui ldin g property is presently z oned B-1. Mr. Lewis referred to the Development Plan which was displayed and stated th at the proposed addition to the present office building will be on the north side, and will have the same front setback as the existing s t ructure. Mr. Lewis stated that the s taff had suggested the elimination o f tbe first parking space on the Bannock Street side of the site, and the eastern-most parking space will be marked for small vehicles. Mr. Lewis stated that the proposed structure would require 14 parking spaces, and with the elimination o f the westernmost parking space, there would be 14 spaces provided. The structure has a 12 f oot height, and the proposed building will have the same general design, and will be of glass and wood construction. Mr. Lewis stated that the applicant is considering the possi- bility o f a solar collector installation on the roof of the proposed structure, which would increase the height to 24 feet overall. Mr. Lewis stated there would be five o ff ice units in the proposed building, with a storage space in the basement. Mr. Draper noted tha t in the staff report, the possibility of the units being sold as condominium office units was m~ntioned. Mr. Lewis stated that the proposed structure is designed so that each suite could be sold, but at this time, it is only a "possibility ", and not a firm decision. Mr. Parker noted that when the issue o f rezoning was brought before the City Council, the matter was defeated by a tie vote . Mr. Lewis stated that he was aware of this, but was not in attendance at that City Council meeting. Mr. Wanush stated that the rezoning request was denied by a tie vote; it was brought up before the City Council when a full membership was present, and they did ask the applicant • f) I • ...... ( • • - -13- to file a Planned Developme nt before they considered the re- zoning request further. Discussion ensued. Mr. Lewis stated that the proposed Planned Development would restrict use of the property to a professional office building. Mrs, Pierson asked if there were anyone who wanted to address the Commission on this proposal? No one spoke on the proposed Pla nned Development. Mrs. Wade noted that mention had been made of a solar collector structure atop the office building ; she asked if this would present any problems as far as the Zoning Ordin ance regulations? Mrs. Romans stated that it would not ; the possibility of a solar collector has been discussed with the Chief Building Inspec tor and he has been most encouraging. Mr , Wanush pointed out that the maximum height in the 8-1 Zone District is five stories, o r 60 feet, Mr. Lewis stated that the solar collector was not part of the originally submitted plan, and it is very expensive ; at this point they are not sure they will pursue this installa- tion. The possibility of restricting the height was discussed. Mr. Wanush stated that the Commission could so restrict the height as part o f their motion, Mr. Draper voiced concern on the maintenan~e o f t he proposed building if the units are sold. He noted tha t th e cedar finish tends to deteriorate rapidly. Mr. Lewis stated that the ex- terior of the structure would be maintaine d by Mr. Marshall's company. Lathrop moved: Wade seconded: The Public Hearing on Case #21-77 be clos ed . AYES: Pierson, Tanguma, Wade, Draper, Lathrop, Owens, Parker NAYS: None ABSENT: Smith, Williams Th e motion carried. Discussion ensued. Mr. Owens suggested that the height of the proposed of f ice building could be limited to one story with an a dditional 15 feet approved f or installation of a solar collector system i f desired by the applicant . Discussion ensued. Mrs. Pierson stated that the Commission a nd ad hoc committees have been working on the revision of the Comprehensive Plan. Discussions have centered on ways to encourage redevelopment and attracting new businesses to this community, Mrs . Pierson stated that on June 21, 1977, the Planning Commission first considered the rezoning application of Mr. Marshall for this property. At that time, the discussions on the proposal, and the resultant development of a substandard property were felt to have merit, The Co mmission did have some apprehensions and • ) I • • • • - -14- attempt ed to place r estr ictions o n the rezoning, which were not approved at the City Cou nc il level. Mrs. Pierson s tated that she understood the rezoning request was denied by City Council on a tie vote, a nd was brought be f ore the City Council on an appe al to that decision . Mrs. Pierson pointed out that both City Council representatives on the Plannin g Commission were in favor o f th e request at the June 21st meeting. Mrs. Pierson stated that she deplored the f act that the applicant has had t o be i .nvolved in the "city process " si nce June of 1977, and his propos al i s not approved yet . She stat ed that she would support a motion approving the Planned Development, and would recommend to the staff that all haste be made in forwarding this application to City Council for their consideration. Mr. Parker stated that when the matter was be f ore the Commission in June, there was no one pre s ent to protest the r e zoning. The one gentleman who was present lived across the street, and said he would r at her have an office building across from him t hanwhat is there now, or an apartment house . Mr. George Allen was to be the contractor and the structure would have been of stone, block and shing l e and would be in k eepi ng with th e type of structure constructed by Mr. Allen. Mr. Parker pointed out that this area has no ingress or egress to the alley, and is "surrounded on a couple sides by fe ncing of the Yellow Front parking lot." Mr. Parker stated that t he present plans for the structure call for an "economical type o f construction"; in 25 years it will show a great deal of deterior ation. Mr. Parker stated that he would have to vote in opposition to this proposal. He stated that he would no t want to see a one-story building o f this ty p e construction on th is site. Mr . Owens poin ted ou t that there is still a lot of residential development in th i s block, and that a five-story office building in th i s block with sing le-f amil y homes would be very imposing. Mr. Owens stated that he fe lt the proposed style of this office building conforms as much as possible wi t h the existing neigh- borhood. Mr. Owens stated that he fe lt the Commission was in basic agreement that the improvement of the subject site is needed, and he stated that he personally fee ls the proposed de- velopment is one o f the best that can be constructed on that property. He state d he would vote to approve the Planned De - velopment. Mrs. Pie rson stated that this is a neighborhood in "transition"; most o f the block is residential, but is phasing into business us e. Sh e stated that she fe lt this proposal a nd the proposed styl e o f the stru ctu re dos take into consideration the resi- dential character of th e block. Mr. P ark er reiterate d t here was no one present at this hearing or at the one o f June 21st, who voiced opposition to a five- story of fice building on this site, and the resident across the street stated he would rather have an office building on that site than an apartment house. Mr. Parker stated that he is familiar wi th the block, and that most of the housing stock is g ood. He noted that Mr. Marshall also owns th e s truc t ure to t he nor th of the subject property, and questioned if Mr. Marshall would ask consideration of rezoning on that property next • • I • ....... ( • • - -15- Lathrop moved: Wade seconded: The Planning Commission recommend t o City Council approv al o f the Development Plan f or an office building pro p os ed to be located at 3270-3280 South Bannock Street, The approval of the Planned Development is recommended for the following reasons : 1) The proposed Planned Development is consistent with the intent of the Compreh e nsive Plan . 2) As proposed, the Planned Development meets the legislative purposes and intent of the Planned Development District, §22.4A-l of the Comprehensive Zoning Ordinance, and the requirements of the Planned Developmemt Ordinance have been met by the applicant. 3) The proposed expansion o f the existing office building at 3290 South Bannock Street will be compatible with the adjacent area. This recommendation is made based upon the following conditions: 1) That the proposed Planned Development be approved contingent upon the approval of the rezoning of the subject property from R-2, Medium Density Residence, to B-1, Business . 2) Except for driveway access into the parking area, the front setback of 10 feet which has already been established by the existing office structure to the south should be developed and maintained for landscaping. 3) The proposed screening fence shall meet the requirements of §22 .5-3b and §22 .5-13b of the Comprehensive Zoning Ordinance. 4 ) The building shall have a total height not to exceed 30 feet. Discussion ensued. Mr. Owens suggested that the wording on t he height limitation should be one story maximum with an additional 15 feet approved if the applicant chooses to in- stall a solar collector system . This wording was approved by both Mr. Lathrop and Mrs. Wade. The motion, as reworded, reads : "The Planning Commission recom.~end to City Council approval of the Development Plan for an o ff ice building proposed to be located at 3270-3280 South Bannock Street. "Th e approval of the Planned Development is recommended for the following reasons: 1) The proposed Planned Development is consistent with the intent of the Comprehensive Plan. 2) As proposed, t h e Planned Development meets the leg islative purposes and intent of the Planned Development District, §22.4A-l • I • • • • - -16- of the Comprehensive Zoning Ordinance, and the requirements of the P la nned Development Ordinance have been met by the applicant. 3) The proposed ex pansion of the e xisting office building at 3290 South Bannock Street will be compatible with the adjacent area, "This recommendation is made based upon the f ollowing con- ditions: 1) That the proposed Planned Development be approved contingen t upon the approval of the rezoning of the subject property from R-2, Medium Density Residence, to B-1, Business , 2) Except for driveway access into the parking area, the front setback of 10 feet which has already been estab lished by the existing office structure to the south should be developed and maintained f or landscaping, 3 ) The proposed screening fence shall meet the requirements of §22,5-3b and §22,5-13b of the Comprehensive Zoning Ordinance . 4) The building height shall be one story maximum with an additional 15 feet height approved if the applicant chooses to install a solar collector system." Mr. Parker asked how long a Planned Development restricted use of land ? Mr. Wanush stated that until the Commission or Council revoked approval, Discussion ensued, The vote was called: AYES: Pierson, Tanguma, Wade, Draper, Lathrop, Owens NAYS: Parker ABSENT: Smith , Williams The motion carried. VIII, INTERPRETA TION R-4 Zone District CASE #26-77 Ms . Romans stated that Mr, Robert Keeler has discussed a pro- posed use on the northeast corner of West Lehigh Avenue and South Inca Street with the staff, This area is zoned R-4, Residential-Professional, which zone district permits single and two-family residences on 50 foot frontage, and professional o ff ice buildings and certain other uses on 100 fo ot frontage, Mrs. Romans pointed out that land to the west of the subject site is zoned I-1, Light Industrial ; land to the north of this block is zoned I-1, Light Industrial; and land to the east and south is zoned R-1-C, Single-family residence , The R-4 Zone District serves as a transition between the industrial z ones and the residential z one classifications , Mrs. Romans stated • I • • ( • • - -17- that Mr. Keeler proposes to build an office building two stories in height ; on one floor he proposes an o ffi ce for the "Talking Books Company ", and on the other, professional of f ices. The Talking Books Company mak es tapes for the blind of current books, news articles, etc. Recordings would be made at this location and sent back east f or duplication and distribution. The only traffic to this site would be the of f ice workers, ani the "rea ders " who make the r e cordings --persons with excellent diction and enunciation such as radio and T.V. announcers. The o ff ice would have sound proo fe d booths where these recordings are made. The staff feels that this is a professional use, and that there will be professional people oper ating this use. I t is also similar, t he staf f feels, to medical and dental laboratories which are permitted in the R-4 Zone District. The proposed building will be of block construction with brick over-lay. Adequate off-street parking will be provided, and the site will be landscaped. Mrs. Romans stated the question before the Commission is whether or not the Commission feels the proposed Talking Books Company us e is that o f a professional office and/or is similar in nature to permitted uses that are mentioned in that Zone District. Mr. Robert Ke e ler 3301 South Birch Street Denver, Colorado -state d that the staff had presented his re- quest ver y well. He stated that there are no building plans or construction plans at this point ; they were just trying to determine if the proposed usage would in fact be permitted. Mr. Parker stated that h e felt the Talking Books use would be considered to be a professional use. Mr. Tanguma expressed concern that the traffic in the area would have an adv erse effect on this operation. He pointed out that the post office does generate heavy traffic. Mr. Keeler stated that this has been discussed. He stated that not many architects were f amiliar with the type of design that will be required to adequately soundproof the booths f or the recordings. Mr. Draper asked h ow many parking spaces would be required and provided on the site? Mrs . Romans stated that actual building plans would have to be presented before that could be determined. The proposed building would be required to meet the off-street parking standards, how e ver. Mr. Lathrop discussed the ground vibrations resulting from the industrial traffic in the area. Mr. Kee l e r stated that they do plan to isolate the recording booths as much as possible and they will be soundproofed. Discussion ensued. • I • • -18- Parker moved: Draper se c onded : • • - The Commission finds that the Talking Books Company be considered a professional use and be permitted in the R-4, Residential-Professional Zone District. AYES : Lathrop, Owens, Parker, Pierson, Tanguma, Wade, Draper NAYS: None ABSENT: Smith, Williams The motion carried. IX. DIRECTOR'S CHOICE. Mr. Wanush stated that he was interested in the reaction of the Commission members who attended the meeting of November 9, 1977, to hear Mr. Kirk Wickersham's presentation on the "special permit system", Mr. Owens stated that he felt it was a very good presentation, and there are a lot of areas in the City where this system can be put to use. Mr. Smith entered and took his place with th e Commission. Mrs. Wade stated that she agreed with Mr. Owens that there are many areas throughout the City where this permit system could be used very effectively. Mr. Wanush noted that in reviewing the Comprehensive Plan, the committees must state clearly and specifically what is wanted in particular areas. Desirable development of an area must be clearly defined to enable the permit system to work as it is intended. Mr. Tanguma stated that he was very impressed by Mr. Wickersham's presentation; the members of the Housing Preservation Committee discussed the application of this system to specific areas at their meeting on November 14th. He stated that he felt there was great potential with the permit system. Mrs. Pierson stated that it appeared to her that the special permit system would be applicable for areas undergoing change or areas where change is wanted or anticipated. She stated that she saw no need for this system to be applied to the in- dustrial areas. Mr. Wanush stated that it must be stressed that the City cannot leave room for arbitrary decisions in the permit system ; every- thing must be tied down and specifically set forth and defined. Discussion ensued. Mr. Wanush stated that he felt the permit system could encourage thinking about how people want a specific area to develop. Mrs. Wade stated that she felt it might be better to try the permit system in one specific area; if it works in that area, the system might be expanded to encompass • ) I • ( • • - -19- other areas. Mrs. Pierson suggested that there is a lot to be done before the permit system could be in effect in Englewood. She suggested that each of the Commission members might keep this technique in mind in their discussions with the Comprehen- sive Plan Review Committees. Mr. Tanguma stated that it was discussed at his committee meeting, and the committee recommended that an in-depth consideration be given to this system; several areas have been designated where this system might be applied . Further discussion ensued. Mr. Wanush stated that he also felt it might be best to choose a small area to apply the permit system to initially; it would be a good idea to get the system in and working before applying it to the entire City. Don Smith stated that the permit system should be considered in depth before it is instituted, and it must be determined if it will accomplish something that we cannot accomplish under the zoning system we have now. Mrs, Pierson stated that she felt the thrust of the ad hoc committees working on the Compre- hensive Plan was to see what we could do with what we have now ; and that the permit system is only another facet of their con- sideration. Further discussion ensued. Mr. Wanush discussed the reactivation of the Transportation Review Committee. He suggested that a date for the initial meeting of the reactivated committee might be set this evening. He stated that he would like to recommend that the Chairman of each of the other Review Committees might attend this committee meeting to give the Transportation Committee the input from their committees. Ms. Pi erson suggested that the Chairman and one member from each of the o t her review Committees attend the Transportation Committee meeting. Discussion ensued. Mrs. Pierson suggested tha t the meeting be set for November 29th at 7:00 P.M. X , COMMISSION'S CHOICE, Mrs . Pierson announced that the next meeting of the Commission will be Wednesday, December 7th at 7:00 P.M . Mr. Smith stated that he would be unable to attend that meeting. The meeting adjourned at 10 :00 P.M. Gertrude G. Welty /Recording Secretary • I • • - r • • • -20- MEMORAND UM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMME NDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE : November 15, 1977 SUBJECT: Amendment o f Comprehensive Zoni ng Ordinance RECOMMENDATION : Owens moved : Wade seconded: The Planning Commission recommend to City Council tha t the Comprehensive Zoning Ordinance, §22.4-13, I-1, Light Industrial District, be amended by adding a new sub- section (h ) e ntitled "Conditional Uses ", which reads as follows : h. CONDITIONAL USES. PROVIDED THE PUBLIC INTEREST IS FULLY PROTECTED AND THE FOLLOWING USES ARE APPROVED BY THE CITY PLANNING AND ZONING COMMISSION AND CITY COUNCIL: (1) USES (a) AUTOMOBILE WRECKING YARDS AND JUNK YARDS (1) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD OPENED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE ON 0NB A PARCEL OR ADJOINING PARCELS OF NOT- LESS THAN Fi¥13 ONE ACRE BUT NOT TO EXCEED ONE AND ONE-ii'ALF ACRE-.-- (2 ) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE, SHALL BE ENCLOSED ON ITS PERIMETER WITH A Bl3€8R~~iVB €b88BB-F~eB W88BBN FBN€B eR S0biB eeN- eRB'FB; Bb8€K 8R BRi€K W~bb Ne~ bBSS ~HAN Bi6H~ FBB~-iN HBi6H'f7 SOLID , NON-TRANSPARENT VER T ICAL WALL OR FENCE WITH A MINIMUM HEIGHT OF SIX FEET AND AMAXIMUM OF TWELVE (12 ) FEE1'MEASURED FROM GROU ND"""TEVEL . FENCES~WOVEN WIRE OR CHAIR='L'fNK MATERIALSHALL BE PROHIBITED. ~~ - (3) ANY AUTOMOBILE WRECKING OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE AND ALL YARDS EXISTING ON THE EFFECTIVE DATE OF THIS ORDINANCE 'SRAU:-COMPLY WITH SECTIONS1THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, ENTITLED AUTO WRE CKI NG AND JUNK YARDS , AND ALL OTHER APPLICABLE CODES OR ORDINANCES . • I • • - - ( ( • • • - -21- (4) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD WHICH IS LICENSED BY THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE DEEMED TO BE AN APPROVED YARD WHETHER OR NOT IT HAS A MINIMUM AREA OF Fi¥E ONE ACRE, AND SUCH YARD MAY BE EXPANDED ONTO ABUTTING PROPERTY PROVIDED THAT SUCH EXPANDED YARD CONFORMS TO THE REQUIREMENTS OF THIS AND ANY OTHER APPLICABLE CODES OR ORDINANCES, AYES: Lathrop, Owens, Parker, Wade, Draper NAYS: Pierson ABSENT: Tanguma, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. / ( , y · f . ~<-•·/{ Gertrude G. Wel y ·Recording Secretary I .I • I • • In n ( • • • - -22- MEMORA NDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMM EN DATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance . RECOMMENDATION : Owens moved: Wade seconded : The Planning Commis sion recommend to City Council that the Co mprehensive Zoning Ordinance §22,4-14, I-2, Genera l Industrial District, be amended by adding thereto an additional subsection (9) to §22 ,4-14 b, Permitted Principal Uses, which reads : AUTOMOBILE WRECKING OR JUNK YARD: ANY AUI'OMOBILE WRECKING OR JUNK YARD APPROVED UN DER THE PROVISIONS OF THIS ORDINANCE SHALL HAVE A MINIMUM AREA OF ONE AND ONE-HALF (1-1/2) ACRES, AND SHALL COMPLY WITH THE PROVISIONS OF SECTIONS 1 THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, AND ANY OTHER APPLICABLE CODES OR ORDINANCES. AYES: Tanguma, Wade, Draper, Lathrop, Owens, Parker, Pierson NAYS : None ABSENT: Williams, Smith The motion carried, By Order of the City Planning and Zoning Commission. .. -. ;; . I / I ·-. . . - ( /Z t --L._J { I J /£ //,- Gertrude G. Welty 21 'Recording Secretary • I • • - ( ( \ • • • • -23- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION FROM THE CITY PLANNING AND ZONING COMMISSION. DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance RECOMMENDATION: Wade moved: Owens seconded: The Planning Commission recommend the amend- ment of the Comprehensive Zoning Ordinance by repealing §22.5-21, Automobile Wrecking and Junk Yards, which states: "All existing automobile wrecking yards and junk yards are recognized as Non-conforming Uses on the effective date of the Ordinance amending Chapter 22 of the Municipal Code of the City of Englev.ood, Colorado, subject to the provisions for Non-conforming Uses in §22.6 of this Ordinance and subject to all other applicable ordinances of the City of Englewood, Colorado. AYES: Qwens, Parker, Pierson, Tanguma, Wade, Draper, Lathrop NAYS: None ABSENT: Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. / . ··-· / I /,,.-- (1 -e 11. t ~.._.t l. ( 1 Gertrude G. W~ty ·Recording Secretary .l • I • • • • • -24- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance RECOMMENDATION: Owens moved: Tanguma seconded: The Planning Commission recommend the amend- ment of the Comprehensive Zoning Ordinance by the enactment of a new §22.5-21, entitled Conditional Use. This section will set forth: 1. The legislative purpose and intent of the Conditional Use section. 2. The procedure f or application. 3. The procedure to be followed in submitting a site plan for the proposed Conditional Use. 4 . The require~ents for the approval o f the Conditional Use and the Findings of Fact. 5. The application process ---what the staff must do and what the Planning Commission must do . AYES: Lathrop, Owens, Parker, Pierson, Tanguma, Wade, Draper NAYS: None ABSENT: Smith, Williams The motion carried . The proposed Conditional Use document is attache d , By Order of the City Planning and Zoning Commission. • I • • n n • • - -25- §22.5-21 Conditional Use a. Legislative Purpose and Intent. b. It is recognized that there are some uses which, subject to certain conditions and safeguards, can conform to the general character of the neighbor- hood to which the proposed use will apply. A Conditional Use permits the inclusion of uses into the zoning pattern which are considered to be essentially desirable to the community as a whole or to a specific area, but where the nature of the use or conditions which it may create, such as traffic congestion, density, noise, etc., in- fluence against its location in a specific zone district without restrictions or conditions tailored to fit the special problems which the use may present, The authority is granted to the City Planning and Zoning Commission to approve Conditional Uses in specific cases after public notice and hearing. The granting of such use shall be subject to appropriate conditions and safeguards as set forth in this section if it is determined t hat the authori- zation of the use will be in harmony with the general purpose and intent of this Ordinance . Application Procedure. (1) An applicant must demonstrate to the City Planning and Zoning Commission that the Con- ditional Use application meets all o f the requirements of the '69 Englewood Municipal Code, as amended, and prior to final approval of the Conditional Use, all requirements of the '69 E.M.C. must be met . (2) The applicant must be an owner or lessee or demonstrate a substantial, continuing interest in the property designated for the Conditional Use . (3) Written Statement, A written statement must be submitted with the Conditional Use applica- tion and shall contain the following minimum information: (a) A statement of the present ownership and a legal description of the land. If the applicant is not the owner of the land, the relationship of the applicant to the request must be stated. • Draft III October 14, 1977 I • • -26- c. • • • (b) An explanation of the objectives to be achieved by the proposed use, including a description of the number and type of major users of the facility . (c) I f either new construction or remodeling is involve d, a development schedule in- dicating the approximate da te when the construction or remodeling can be expected to begin, the stages o f construction, and the t ime of completion shall be g iven. (d) Copies o f any special agreements, con- veyances, restrictions, or covenants which will govern the use, maintenance and protection of' the d evelopmen t and public areas , Site Plan. Other information or exhibits the applicant deems pertinent to the evaluation o f the proposed Conditional Use. The applicant must submit a preliminary plan showing the major details o f the site on which the proposed Conditional Use is to be located. This site plan is to be to a scale of not less than 1 11 = 20' and in sufficient detail to evaluate the land planning, building design, and other features o f the proposed development. The preliminary plans must contain, insofar as is applicable, the f ollowing minimum in- f ormation. (1) The location o f' t he property with n a mes o f' adjoining streets and other public ways. (2) The existing zoning of the land. (3) The proposed land uses. (4) A boundary survey. (5) The existing topographic character of the land. (6 ) The loca tion of' all existing and propos ed buildings, structures and improvements, in- cluding typical elevations and showing the maximum height. (7) The major points o f access to public rights- of-way, the internal traffic and circulation systems, of f -street parking areas, service areas, and loading areas. • I • • In r-, d. ( e. • • ,· - -27- (8 ) The location, height and size o f p ropo se d signs, f ences, lighting and advertising d e vice s, in- cluding typical elevations. (9) Areas within the 100-year flood plain. (10 ) A general landscape plan with major type s o f materials designated as to purpos e . Requirements and Findings of Fact . Before approving a Conditional Us e , th e Cit y Planning and Zoning Commission shall make written finding s that the Conditional Use will impleme nt t h e purposes of this Ordinance and will, in addition, meet the following requirements. (1) Uses Permitted. The use must be permi tted as a Conditional Use in the Zone District in wh ich it is proposed to be located. (2 ) The Conditional Use must be consistent wi t h th e intent of the Comprehensive Plan and th e policie s therein. (3 ) The relationship of the Conditional Us e to its surrounding area shall be considered in order to minimize adverse effects to both th e existing and future development indicated by the Compre- hensive Zoning Ordinance, by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy, noise, light, impact on housing, schools, public utilities, governmental services. (4) The number of off-street parking spaces shall not be less than the requirements o f Chapter 22.5-5 of this Ordinance . (5 ) The Conditional Use shall meet all other applicable ordinance provisions of the 1 69 E.M.C. (6 ) Other factors which in the opinion of the Com- mission will prote ct and promote the health, safety and welfare of the citizens. Application Processing. (1) Upon receipt of the application, the Department of Community Development shall be responsible for coordinating the review of the application by the various City departments and appropriate public agencies, culminating in the submission of an advisory report and recommendation to the City Planning and Zoning Commission. A copy of advisory report and recommendations shall be furnished to the applicant . • I • • - -28- ( • • • - (2) The Commission, after proper public notice, shall hold a public hearing on the application. (3) The City Planning and Zoning Commission shall make written findings either approving , condi- tionally approving, or disapproving the Condi- tional Use . (a) The City Planning and Zoning Commission shall be the approving agency for any Conditional Use. (b) A copy of the decision or recommendation of the Planning Commission shall be pro- vided to the applicant. (c) All approved plans for the Conditional Use, including all modifications or con- ditions thereto, shall be endorsed by the Chairman of the City Planning and Zoning Commission a nd shall be recorded in the office of the Arapahoe County Clerk and Recorder. (d) Any person or persons jointly or severally aggrieved by the decision of the City Planning and Zoning Commission may appeal the decision by the appropriate legal action to a Court of Record having juris- diction thereof. (e) Any person applying to a Court of Record for a review of any decision made under the terms of this section shall apply for a review within thirty days (30) after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings and the application f or re- view shall be in the nature of certiorari under Rule 106 (a) (4) of the Colorado Rules of Civil Procedure. • I • • ( • • • - -29- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE : November 15, 197 7 SUBJECT : Amendment of Comprehensive Zoning Ordinance RECOMMENDATION : Owens moved: Tanguma seconded: The Comprehensive Zoning Ord~nance be amended by the deletion of the present definition of "Conditional Use", and enacting the following new definition of "Conditional Use": "A use which may be permitted in a zone district through the granting of a spe cial exception by the City Planning and Zoning Commission upon a finding that it me ets specified conditions." AYES : Tanguma, Wade, Draper, Lathrop, Owens, Parker, Pierson NAYS: None ABSENI': Williams, Smith The motion carried. By Order of the City Planning and Zoning Commission. / 'I / • . -/ _,,.;;· /) ( I ( 1 /(.t,•~ I Gertrude G. W~lty Recording Secretary I • • Ir:, • • - -30- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: November 15, 1977 SUBJECT: RECOMMENDATION: Lathrop moved: Wade seconded: Planned Development The Planning Commission recommend to City Council approval o f the Development Plan for an office building proposed to be located at 3270 -3280 South Bannock Street, The approval of the Planned Development is recommended f or the following reasons : 1) The proposed Planned Development is consistent with the intent of the Comprehen- sive Plan, 2) As proposed, the Planned Development meets the legislative purposes and intent of the Planned Development district, §22.4A-l of the Comprehensive Zoning Ordinance, and the requirements of the Planned Development Ordinance have been met by the applicant. 3) The proposed expansion of the existing of f ice building at 3290 South Bannock Street will be compatible with the adjacent area . This recommendation is made based upon the following conditions : 1 ) That the proposed Planned Development be approved contingent upon the approval of the rezoning o f the subject property from R-2, Medium-Density Residence, to B-1, Business. 2) Except f or driveway access into the parking area, the front setback of 10 feet which has already been established by the existing office structure to the south should be developed and maintained for landscaping. 3) The proposed screening fence shall meet the requirements of §22 ,5-3b and §22 ,5-13 b of the Comprehensive Zoning Ordinance . • I • • n ( • • • • -31- 4 ) Th e building height shall be one story maximum with an additional 15 feet height approved if the applicant chooses to install a solar collector system , AYES: Pierson, Tanguma , Wade, Draper, Lathrop, Owens NAYS: Parker ABSENT: Smith, Williams The motion carried, B; Order of the City Planning and Zoning Commission . -, ( / --/ . . · ' ,· / t 1. <'' ,,I(" ( r · -) gertrude G. Welty Recording Secretary ; / J / ·'f (/ {-~d -· ;> • I • • ( • • • - MEMO RA NDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR /~c.__ RECO MMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: Dece mbe r 20, 1977 SUBJECT: Planned Development RECOMMENDATION: Smith moved: Parker seconded: The Planning Commission recommend approval of the Planned Developme nt proposed for the following described property, provided the following conditions are met: ''The north one-half of Lot 38 and Lots 39 thru 42, inclusive, Block 2, Higgins South Broadw ay Heights, Arapahoe County, Colorado." 1. The final drainag e and storm runoff plans are to be approved by the Director of Engineer ing Services prior to issuance of a Building Permit. 2. The final landscaping plans are to be approved by the Department of Community Development. The Planning Commission hereby adopts the staff report as the Findi ngs of Fact. AYES: Smith, Tanguma, Wade, Williams, Draper, Owens, Parker, Pierson NAYS: None ABSENT: La th rop The motion carried. By Order of the City Planning and Zoning Commission. • I • • In ,.. ( ( • STAFF REPORT Page -1 STAFF REPORT RE: • • - PLANNED DEVELOPMENT Case #27-77 Five-unit Pl anne d Development to be loc ated at 3529- 3537 S outh Corona Stree t . DATE TO BE CONSIDERED : To be considered at Pu b lic Hearing on December 20, 1977. NAME OF APPLICANT : Mrs. Alyce Bigelow 3315 South Columbine Circl e Englewood, Colorado 80110 NAME AND ADDRESS OF PROPERTY OWNER: Mrs. Alyce Bi g elow 3315 South Columbine Ci r8il.e Englewood, Co lorado 8011 0 RELATION OF APPLICAN T TO REQUEST: The owner of record, Mrs. Alyce Bigelow, is applying for approv al of the c ons truct ion of a five-unit two-story com- plex which is to be o ns truct ed under the Planned Development regulations. The ar c hit ectur a l firm of Copeland Designs has been engaged to do t he p rel i minary drawings for the project. LOCATION OF THE PROPOS AL : The proposed Planned Deve lopment will b e located in the 3500 block of Sou t h Corona Str e e t and would be identified as 3529-31, 3533, and 3535-37 South Corona. The l egal descrip- tion of the property is as f ollows: The north one-half of Lot 38 and Lots 39 thru 4 2, i nclusiv e , Block 2, Higgins South Broadway Heights, Arapahoe Coun t y, Colora d o, ZONE DISTRICT : R-2, Medium Density Resi d ence . DESCRIPTION OF REQUE ST: The request for Pla nned De v e lopme n t approval is f or the c o nst ruction of f i ve dwell i ng units : two duplex dw e llings and one single-family d welling. The R-2 District regulations state t h at the constru c tio n o f four or more dwellin g units must have Planned Developme nt approval. See §22.4-5b(3) o f the Comprehensive Zoning Or dinance. The applican t h as n ot d efinitely determine d whe ther t h ese units will be l e ase d or s old as condominium units . • I • • n r, ....... ( STA F F RE POR T P a g e -2- • • - PLANNED DEVELOPMENT Case #27-77 RECOMM ENDATION FROM THE DEPARTMENT OF COMMU NI TY DEVELOPMENT : The Department o f Community Developme n t re commends t hat the proposed Planned Developmen t b e appr oved as provided in §22 .4A of th e Compr e h e ns ive Zo nin g Ordinance . Th e staff ma k es t his recommendat ion f o r t he following reasons: 1. The p roposed med ium-density res ide n tial d e v e lopment is compatible wit h the Comprehens ive Plan. 2. Th e p r o p o sed Pla nned De velopment is a p ermit ted u se i n t he R-2, Med ium Densit y Residence Dist ric t. 3. The propo s ed Planned Dev elopmen t has g ood access via U.S. 285 to the s o uth an d East Ha mpden Ave nu e to the north. 4. The proposed P la nn e d De ve lopme n t wo uld b e com pat i b l e with the surrou n d ing t wo-fam ily a n d s i n gle-family r e s i d e n ces i n the 3 500 b lock of South Corona Stree t . The Department recomm nds th is approva l su bjec t to the f ollowing condition: 1. Th a t t h 1i nal dra i~age a nd s t o rm r u n o f f p l ans be ap prove d by the Dir ctor of E ng ineering S e rvic e s p r i o r t o i s su ance o f a Bu ildin g Pe r mit . 2 . Tha t t he fi n al la ndscaping pl a n s be a p pro ed b y t h e Department o f Comm u nity Deve lopment . DE SC RIPTION OF SUB JECT SITE AND ADJACENT AREA: The su b ject s it i s located in a medium-de nsity res i- dential area which is slowly changing in character . The area was o rig inally developed wi t h s ing l e -fa mi l y houses, and ove r t he yea rs, t wo-f am i l y dw e llings ha v e bee n constructed a mon g th . o lder , one -famil y hom es . Mos t of the dw e l ling s ar e o f mi n imum s i z e and ar e on lots with 50 fe e t of fron t age. There a r e t e n si n g l e -famil y houses and f i ve d upl e x es in th e subj ect b lock , on both the e ast and wes t sides o f Sou t h Corona S t r e et. Mos t of t he dw e ll i n gs a r e in fair t o g ood cond ition and all are occup ied . Th e nor t h 1 0 0 fe et of the b l ock i s zoned B-2, Bus i ne s s , a n d is deve lop d wit h bus i n e ss u s e s . T his a r ea is d ifferen t t h an mo st res idential a rea s o f t he Ci t y in that it has a n ar t e r i a l s t r eet a t e i ther e nd c1 the 3 5 0 0 blo c k . U.S . Hig hway 285 is to t he s out h , and West Hamp d en Ave n ue, with i ts comme rcial strip d e v e lopment a long either side , i s to the nor t h. I • ( r STAFF REPORT •age -3 - • • • • PLANNED DEVELOPMENT Case #27 -77 The site itself is 1 4,062.5 s q. ft. in size with a f w deciduous trees near the rear and front o f t h e property. The lo t is s omewh at lower in elevation t han the neighboring properties and slopes dow nward slightly f rom the n or theast to the southwest. BACKGROUN D OF PREVIOUS CITY ACTI ON RELATING TO THE PROPERTY : Th e subj ect site i s part o f the Higgins South Broadway Heights subdivision which was platted i n 1890. This block, and much of the neighbor ing area, was annexed to the City in 1946 by Ordin ance No . 2. At that time, it was zoned for sin gle-fa mily use. With the adoption o f the revis e d z o ning ordinance in 1963, this area was rezoned to R-2-B, Two-fami l y Residen ce District. Fol lowing that, in 1976 , all R-2-8 dis- tricts wer e re classified to a similar t wo-famil y use: R-2, Me d ium-Densi ty Res idence . At one time there were two, small single-family dwellin gs on this s ite. Both have since been demolished becaus e of their poor condition . The house at 3 5 33 Sou th Corona was removed in 1973, and th e h ou se at 3529 Sou th Corona was torn down in 1974, leaving the site v a c ant as .it is t oday. The minimum l o t size required f or five units in the R-2 Zone District is 15 ,000 sq. f t. and t h e mi nimum frontage required is 125 feet. The site is 14 ,062.5 s q. ft. in lot size and has 112.5 feet of frontage. The applica nt is of the opinion t ha t five units can be accommodated on the site and h a s made appl ic ation to t he Board of Adj us tment and Appeals f o r a variance to the minimum lot size and fro ntage re q u irement s o f the Comprehensive Zo ni xg Ordinance. The variance f o r lot size, front age and the co nstruction of five units was approved at the Board's December 14, 1977, meeting. RELATIONSHIP TO THE COMPREHENSIVE PLAN : The Comprehensive Plan sugges ts a mu lti-famil y resi- d e nt i al use for this property and the surrounding area. The Comm erc ial Development Co mp rehensive Plan Review Committee has propos e d that the area between East Hampden Avenue and U.S. 285 and between South Logan Street and South Lafayett e Street be plac e d in a Mixed-Use District providing for a c ombination o f res i denti al, office and business u ses to complement the Swedish-Cra ig facilities. The Housing Review Committee agrees tha t th i s area is in a transition pe riod • • D I • • - ( ( ST FF RE PORT abe -4- ,~m,u.•E TS FROM OTHER DEPARTMENTS : • • • PLANNED DEVELOPMENT Case #27-77 De partment of Public Works and Enginee ring Services : It appears the existing site is somewhat lower than adjacent properties, street and alley, and that a drainage problem may very we ll exist. It will be necessary for the developer t o pro vide an engineered site drainage plan, with the ma j ority of the drainage from the site (preferably all ) being t aken to South Corona Street, minimizing the amount of storm run-off into the alley which alr ea dy has some drainage problems. Utilities Department: No objections. Fire Department : No objections. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The proposed use of this site is one that will be compatible wit h the neighborhood. The 3500 block of South Corona has undergone a slow transition from single-family usage to two-family usage. Presently there are five duplex units in the block, three of them across the street from the subject site, The proposed duplexes and single-family unit will be compatible with the existing density mix in this block. The proposed front walls of the duplexes and connecting wall with gate will have a unifying effect to the project. The front entryway to the courtyard, in all probability, will have only moderate pedestrian use because of the parking area at the rear of the property, The Corona /Ogden alley exits onto both Highway U.S. 285 and West Hampden Avenue. The biggest problem with entry into the traffic flow on West Hampden Avenue would be the obstruction of view caused by cars parked in close proximity to the alley, Entry into the westbound flow of Highway U.S.285 should not be a problem for the careful driver because the highway is visible for t wo blocks to the east of the alley and the traffic signals to the east provide breaks in the traffic flow . Entry into the a lley o ff of U.S. 285 could cause a disruption in the west- bound fl ow during heavy traf fic times. • D I • • I Ir, - ---0 ' VICINITY MAP • • - ·• IL--_ __, , .... G SUBJEfO SI T E 5374 .4 • 285 5 3 7 7 9 ·~ \J_1~ O O \ - \ 0 __: 0 \.,, ... <- SCALE : ,w = ioo ·- HWY. ~ ...,._ -:::.:~-__.,,,.--::-::---------•• DEPAR T MEN T OF CO MMUNITY DEVELO PMENT ... C ITY OF E NGL EWO OD , COLO RADO _ .... --.c- )( ,.,, , ... /7 '7 • • - ··~ CJ I I I I I I I . -· I I I • • - ! ...... -~- .I......&_.____. ___ ----L._... __ __._ _ _._____. ____ ----~ -~~~~~==~=========:~===~===---·· -01 •; -~ ·t _SOUTH CORON'A ST. • ,..--.. =--r=.,_.= ___ --= __ =11 =~=-=r~=t== __ ~=-1~ -~ -,--r--~-----.. -----~ I s ~s ; • I ! . . ; i ; r;-, ~-~: wB ~---· raf' 1· ffir I ~ · I · . . I ,. ~:_.;J 6 .·• . i · _: I . : i . .:· ·. . ' . .. , --. .2 -k: '. :I : .t·r .tr -----=··-:....:··=_;; ~~ni· • ~l£ .. _. -I I DEPARTMENT OF COMMUNITY DEVELOPM CITY Of ENGLEWOOD, COLORADO '" 'atv, ,: -. -· .J.. ~ -~ ! ~-'1 ' H'.L-/'=HT 5 i ! ·.... I "" - 12-14• 77 \ - • • - • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMEND ATI ON OF THE CITY PLANNING AND ZONING COMMISSION. DATE : December 27, 1977 SUBJECT : Proposed Amendment o f Comprehensive Zoning Ordinance and Adoption o f the Flood Hazard Boundary Map, H 01-04, and Flood Insurance Rate Map I 09-04. RECOMMENDATIO N: Smith moved: Wade seconded : The Planning Commission recommend to City Council the attached proposed amendments to the Comprehensive Zoning Ordinance, §22.48, Flood Plain, and §22.8, Def initions ; the Commission also recommends adoption of the Flood Hazard Boundary Map H 01-04, and Flood Insurance Rate Map I 09-04, which were considered by the City Planning and Zoning Commission at Public Hearing on December 27, 1977. AYES: Parker, Smith, Tanguma, Wade, Williams , Draper NAYS: None ABSENT: Lathrop, Owens, Pierson The motion car ried. By Order o f the City Plannin g and Zon ing Commission. Gertrude G. Welty Recording Secretary . . ) . ·~ -/. ---/'t ~ I • I • • ,., • STAFF REPORT Pae -1- STAFF REPORT RE: • • - Case #28-77 Amendments to th e Flood Plain Or din ance , §22 .48 and §22.8, Definitions, o f t he Comprehensiv e Zo nin g Ordina nce and the Ad option o f the Flood Ha z ard Boundary Map /F lood Insurance Rat e Map , DATE TO BE CONSIDERED AT PUBLIC HEARING : December 27, 1977. PURPOSE OF PROPOS E D AMENDMENTS AND MAP ADOPTION: The Federal Insurance Admini stra tion has determined that communities currently par t i c ipating in the National Flood Insurance Program will lose their e ligibility to participate in the Program unl ess r e visions which have bee n made in the F.I.A. standards f or f lood plain management have been incor- porated into the local Flood Plain Management Or d ina nce be- fore February 1, 1978. The communi ties must a lso adopt the Flood Hazard Boundary Map /Flood Insurance Rat e Map (FHBM /FI RM ) prepared by the Federa l Insurance Arlministration (F .I.A.) prior to February 1 , 1 978. PURPOSE OF ACTION: This action has b ee n i nitia te d in orde r to meet the Fe d eral Insurance Administration r equirements for continued participation in the National Flood Insurance Program. AREAS AFFECTED: The proposed regu la tions will apply t o a ll lands within a 100-year f lood plain, whether or not they h ave b ee n mapped by the Feder a l Insurance Administration . STAFF RECOMMENDATION : The staff recomm e nds that t h e p r oposed a me ndm ents to §22 .48 , F lood Plain Ord inance, and §22 .8, Definitions, o f the Comprehen sive Zo nin g Or dinance be approved and that the Flood Hazard Boundary Map, H 01-04 and F lood Insurance Rate Map, I 09-04, dat e d June 24, 1977, be adopted f or the f ollowin g reasons: 1. The a me ndm e nts to the F lood Plain Ordin ance and the Definition section o f the Comprehensive Zoning Ordinance , and t h e a dop tion o f t h e F lood Ha zard Boundary Map/Flood Insurance Rate Map, mus t be accom p lished before February 1, 1978 , or ti~ City of Eng lewood wi ll lose i ts eligibility to parti ci pate in the Nation a l Flood Insurance Program. This would deprive • I • • • STAFF REPORT Pae -2- • • - CASE #28-77 cit izens an opportunity to insure against possible f l o od loss at a reasonable cost. 2. The adoption of the Flood Ha zard Boundary Map /Flood Insur ance Rate Map and the propose d a me ndm en ts to t he Compre- h e nsive Zoning Or dinance will carry out the intent o f the Comprehensive Pl an by imposi ng regulations u pon the develop- ment within f lood hazard areas in ord er to minimi ze damage to use s within th ose areas and to t he areas downs t ream by restr icting th e stora ge o f f loatable o bjects or c o nstructio n which will unn cessarily obstruct th e floodway. 3. The proposed revisions to the Com prehens ive Zoning Ordinance and t h e adoption of t h e Flood Ha zard Bound ary Map / Floo d Insurance Rate Map will implement the intent o f the Floo d Plain Ordinance . BAC KGRO UND : The present Fl o od Plain Ord inan ce was adopt e d by Or d inance No. 37, Ser ies of 1971 , in c om pliance with the requirements of the Federal Insurance Administration in order that the owners o f property in the 100-year flood plains within the City wou ld b e eligible to participate i n t h e National Flood Ins u ran ce Program. Engl e wood was one of the first c ities t o be certified to participat e in the program. The Federal Insur a nce Administratio n has notified all c ommu nities which are now participating in the program that t h ey "mu st enact f lood plain managemen t measures in accordance with Section 1910.3(c ) o f the program regul at ions by February 1 , 1 978." "Failure to adopt the required f lood plain manag e me n t measur e s by F ebruary 1, 1978, will resul t in suspens ion o f y ou r community's e ligibili ty in the Nationa l Flood Insurance Pro g ram, in accordance with S ction 1909.24 o f the regulations." The jurisdictions mus t also adopt the Flood Hazard Boundary Map/Flood Ins urance Rate Map which have been prepared by the Federa l Insurance Administration. The staff has worked closely with Mr. Douglas Gore, Flood Plain Management Specialist with the regional Federal Insurance Administration o ffice, in preparing the revised Ordinance. Mr. Gore has indicated that the revisions which will be considered at the Public Hea ring on December 27, 1 977, wi ll meet the F.I.A. requirement s. The F.H.B.M ./F.I.R.M. mus t be adopt ed, as well as the amended Flood Plain Ord inance and the additio na l definitions, by the City Council on fina l reading before February 1, 1 978, if Engl e woo d is t o retain its elig ibili ty. -------~-------· I • • • • • • STAFF REPORT Pae -3- CASE ;;28-77 PRINCIPAL ADDITIONS OR REVISIONS TO THE COMPREHENSIVE ZONING OR DINANCE: 1. The Flood Hazard Boundary Maps and Flood Insurance Rat e Maps* which have been prepared by the Federal Insurance Administration, are dec lared to be a part of the Flood Plain Ordinance . 2. I f deemed necessary , appro val from Federa l, State o r o ther local government s wi ll be o btained before Building P ermits are issued within the Flood Plain. 3. No structure will be permitted in a floodway. 4. "S epcial Excepti on P ermits " have been redesignated as "Development Permits" and the administration of the Deve lop- me n t P ermit becomes the responsibility of the Flood Plain Ad- ministr ator, Because the criteria for issuing a Development Permit is based on technica l ·rt:!t:l ld.rements, the Flood Plain Adminis trator appears to be the logica l enforcement agent. Under the present provisions, Planning Commiss ion is d esignated as the approving authority for Special Exception P e rmi ts . To this date, no application has been made for a Special Exception Permit. 5. A new section has been added which requires anchoring o f mo bile homes and other protective measures in new or existing mobile home parks. An evacuation plan for mobile hom e parks must be prepared and filed with disaster preparedness authorities. 6. The Director of Community Development or his assignee is designat ed as the Flood Plain Administrator rather than the "Director of Planning ". At the time the Flood Plain Ordinance was adopted, the Department was "Planning" rather than "Community Development." 7, Certificates of Compliance must be issued before any development in the flood plain can be occupied or used and permanent records must be kept of these Certificates . Among other in f ormation, the certificate must state whether or not a structure contains a basement. 8. Requirements for Subdivisions in flood plain areas are added. 9. Variance procedures have been included and t he Board of Adjustment and Appeals is designated to hear and decide appeals and requests for variances as they relate to the Flood Plain Ordinance. This is not a new procedur e, but * The F lood Hazard Boundary Map and Flood Insurance Rate Map are one and the same . • I • • • I I I I I I I • STAF F REPORT Page -4- • • - CASE #28-77 it has been c lari Jied and criteria has b een stab lished to direct the Board's acti on. 10. Certain additi onal de f initions have been adde d which ar e int e nded to assist in t he interpre tat ion of the Flood Plain Ordin anc e. COORDINATIO N WITH OTHER DEPARTMENTS: The staff has worked wit h Engineer ing S e rvices, Code Enforcement and the Feder al Insurance Adminis t ra tion in the prepar ation of these amendments . STAF F ANALY SIS: This is a perfect ex ample o f the Federal carrot and the stick appro ac h : if t he City adopt s the revised Flood Plain Management regulations wh ich have been prepared by the Federal Insurance Administration and adopts the Flood Ha z ard Boundary Map/Flood Ins urance Rat e Map, persons who knowin g ly or unknowingly own property within a 100 -year f lood plain , can get insurance under the National F loo d Insura nce Prog ram. I f we do not mak e the required revis ions and adopt the FHB and FIR Maps, they will not be eligib l e f o r insurance under the program. How ever, with Little Dry Creek bisectin g the City center, Big Dry Creek on the south boundary, the South Platte River dividing the City east from west, and minor drainageways running throughout the City, restrictions on development in the 100-year flood plain areas must be adopted and enforced ii the p eople and property are to be protected, . It appears to be a no the r case where all too of ten local communiti es h ave no t adequate ly pro- vided f or fl oo d plain managem ent and the Fed ral Government , concerned a bou t being asked to provide large sums o f money t o bail communiti e s out after maJor flood disasters, has felt it necessary to step in. • I • • n r • • • • - §22.48 FLOOD PLAI N (FP) DISTRICT §22.48-1 Legisl ative Purpos e and Intent DRAFT II December 7 , 1977 November 30, 1977 To promote the ~tt bi ie heal th , s afe ty and welfare OF THE PUBLIC, to minim ize flood l osses in areas subject t o flood hazards; and to promo te wise use of the flood plain, this z one district has been established to regulate the uses wi thin the 100-year flood plain. w~~h ~he feiiew~ft~ ,ttr,eeee *n~eftded. THE AREAS OF SPECI AL FLOOD HAZARD ARE IDENTIFIED BY THE FEDERAL INSURANCE ADMI NISTRATION ON FLOOD HAZAR D BOUNDARY MAPS AND FLOOD INSURAN CE RATE MAPS, WHICH MAPS ARE ON F ILE IN THE ENGLEWOOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPl'ING THIS ZO NE DISTRICT, THE FOLLOWING PURPOSES ARE IN- TENDED: (a) To reduce the hazard of floods to life and property through : (1) Prohi biting certain uses which are dangerous to life or property in time of flood; (2) Restricting uses which would be hazardo us to the public health in time of flood ; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce deman ds fo r pu blic ex penditures for relief and protection; I • • ........ r \ • • • - -2- (4) Requiring permitted flood plain uses, in- cluding public facilities which s erve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants fr om a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are no t in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flo od plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas . (d) To protect the natural areas required to convey f lood flows so that they develop in a manner consistent with reasonable flood plain management. • I • • • • • • -3- (e ) To protect and preserve the water-carrying characteristics and capacities of all water courses, including gulches, sloughs, and artificial water channels used for the conveyance of storm and flood water, §22.48-2 Definitions (See §22.8) §22.48-3 General Provisions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- r ear flood p~ain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. ' (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. determ*ned ey the 1:tee ef the eeaie appea~ing en the Map. Where there *ea eenfi*e4' between the ee1:1ndary i*l'lel!! iii1:1etrated en the Map and aet1:1ai f*eid eend!4'tene, the dtep1:tte ehaii ee eettied fteeerd!ng te aa.ae-i, uMapp!ng 8*e~1:1teeu ef thte ehapter. (C ) FLOOD PLAIN DISTRICT BOUNDARIES, THE BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- • I • • • • • • -4- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MAPS FOR THE CITY OF ENGLEWOOD COLORADO, SHEETS H-01 THROUGH H-04 , AND THE FLOOD INSURANCE RATE MAPS FOR THE CITY OF ENGLEWOOD , COLORADO, 1-01 THROUGH 1-04, DATED JUNE 24, 1977, THE FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS PREPARED BY THE FEDERAL IN- SURANCE ADMINISTRATION, ARE HEREBY DECLARED TO BE A PART OF THIS ORDINANCE, AND THE OF F ICIAL MAPS SHALL BE ON FILE IN THE OFFICE OF THE CITY CLERK , ENGLEWOOD CITY HALL, 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO, ~dt ff ~he Federei fnsttrenee Adminie~re~er hee ne~ preYided we~er ettrfeee eieYe~ien de~• and hee net pre¥ided en ~he eaeis ef aYeiieeie infe!'111e~ien 7 de~e ettffieien~ te identtf, ~he fieedwe~ area eieng ~he we~ereettree within ~he et~, end stteh d•~• is ne~ aYaiiahie; ~he feiiewing aeaettree eheii eppi,~ ~it(d) Applications for Building Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. end (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED, ~ht(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimum flood-proofing criteria speci- fied in §22,4B-7(e)(l) . • I • • • • • -~ (e ) Interpretation. In their interpr tation and a ppl ication, the pro visions o f this Chapter shall be he ld t o be minimum requiremen t s and shall be liberally construed in f avor o f t h e g o verning body, (f) Warning and Disclaimer of Liability. The degree of f loo d prot ection intende d to be provided by this Chapter is considere d rea~onable for regulatory purpo ses an d is b a sed on engineering and scientific methods of study, Larger f loo ds may occur on occ asione, or t h e fl oo d heig h t may be incre as ed by man-m ade or natural causes, such as ice jams and bridg e openings restricted by d bris. This Chapter do es not imply that the area s outside o f the fl ood plain area boundarie s o r land uses p~rmitted within suc h areas wi l l a lways be totally f r ee from flooding or floo d damages. Nor s hall there be liab i l it y o n the part of, or a c a us e of actio n a ga inst, the City o f Eng l e wood or a n y offi cer or employee ther e o f for any flood dam ages that may result from reliance on th is c h a p ter , (g ) E ffect of Flood Pl a in Regulations . The r e gul a - tions set f o r th i n this Chapter f or the Flood Plain Di stric t, shall apply to those lands wit hin the 100-y ear flood plai n as mapped a nd d es i gnated on ftft THE official FLOOD HAZARD BOUN DARY MAP AND THE FLOOD INSURAN CE RATE MAP. eoftiftg Map ftftd eha i i ee ¥oid nnd o f ftO e iiee~ *" nrene no~ eo mapped eftd dee*g ftft~edT Th e r e gul ations of this Chapter shall be c on stru ed as being suppl e me ntary t o the regulations imposed on the s ame l a n ds by the underlying Zone classification, When the Flood Plain District and the underlying Zo n e District regulations con flict with one a not her, the most restr ic tive regu l a tions shal l control, • I • • • • • • -6- §22,48-4 Special Provi sions. The follow i ng regulations shall apply t o all uses within the Flood P lain District, notwithstanding t hat such uses may be specifically permitted under the terms of this Ch apter. (a) The flood protection elevation or height shall correspond to a poin t one foot (l') above the elevation or "Floo d Pro file " shown on or attached to the Zoning Map . (b) No structure , whether temporary or permanent ; f ill, including fill for roads and levees; depo s it ; obstruction; storage of ma teria ls ; or o ther floo d plain uses which acting alone or in combina t ion with existing or future f lood plain uses , shal l be permitted that adversely affects the efficiency or the capacity of the floodway or increases flo od heig hts or adversely affects the storage capacity of the flood pla ins based on the assumption that there will be an equa l degree of encroachment extending for a significant reach on both sides o f the stream. (c) No flood plain uses shall adverse ly affect the efficiency of or unduly restrict the capacity o f the channels or floodways or any tributaries to the main stream, drainage ditches, or any o the r drainage facilities or systems, NOR SHALL ANY WATERCOURS E BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING AlldINISTRA TOR IS ASSURED TIIAT THE FLOOD CA RRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FL OODWAY, §22,48-5 Des cript io n o f Uses. (a) Permitt ed Uses. The following open us es shall be permitted withi n the Flood Plain District t o the extent • I • • • • • • -7- t hat they are not prohibi ted in a particular area by any under- lying Zone District classific ation: (1) Agricultural uses such as : gener al f arming and the ra ising of plan ts, flowers and nurser y stock ; (2) Public and private recreational uses not requiring permanent or tempo rary struct ures d esig ned for human habitation such as: Parks, swimm i ng areas, golf courses, driving range s, picnic groun ds , fis hing , a nd hiking a nd biking trails. (3) Utility facilities such as: flowage areas, transm ission lines , pipelines, water monito ring dev ices, r oadways, and bridges. (4) All us es allowed by the underlying Zone Di strict classificat ion within the Flood Plain District sh all b permitted as long as the condi tions set forth in S ection 22 .48-6, Bpeeiai Bxeeptfon DEVEL OP IENT Permits, are complied with . §22.48-6 Bpeehi El xeep~ioft DEVELOPMENT Permits. Any use e num e ra ted in this Section may be permitted only upon application to the B'ireetor of Pianning end the ieettai,ee of a Bpeeiai Bxeep~ioi, Per111i t ey the €i ty Piai,nin~ and Soning 8ollllllieeion FLOOD PL AIN ADMINIS TRAT OR as provided in §22,48-7(d), Pro cess to be Follow ed for Speeiai Exception DEVELOPMENT Permits. (a) Structures Accessory t o Open Uses. S tructur es accesso ry to open uses permitted in Section 22.48-5, Description • I • • • • • - -8- of Uses, wheth er temporary or permanent, may be permitted only upon a determin ation by the ei~y Piann*ng and ~oni ng €0111J11iee*on ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7 (d), Process to be Followed fo r B~ee*ai EKee~- tion DEVELOPMEN T Permits , that : (1) Struct u res will not be des igned f or human habitatio n ; (2) Structures will have a low f lood damage p o tential ; (3) The structure or structures, if permitted, will be constru cted and placed on the bui lding s ite so as to o ffer the minimum obstruction to the f l ow of flood wa ters; (a) Whe never possible, structures will be cons tructed with the l ongitu din al axis para llel to the direction of flow of f lood waters , and (b) So far as is practicable, structures will be placed so that t heir longitudinal axis are approximately on the same line as those o f adjoining structures. (4) Structures will be firml y anch ored to prevent the structure o r building f rom floati ng away and thus threaten i n g t o further restrict bridge openings and o ther restric ted sections of the stream or river ; and (5) Service faci lit ies such as e lectrical equip- ment will be at or above th e fl ood prot ec tion eleva tion for the particular area . I • • In • • • - -9- (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UT I LITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other S t ructures, Tempo rary or P ermane n t , t o be Occupied b y Pe ople. Other structures, whet her temporary or permane n t , whi c h are t o be occupied by people, may be pe rmit t ed only upon a f i nding by the 8 i~y Pianning and ~eni ng e emmieeien FLOOD PLAIN ADMINIS TRATOR that: (1 ) Such structures shall comply with Section (a) (3), (4), (5) AND ill above . (2 ) The first fl oor or basement fl oor of any str ucture to be erected, constructe d , reconstructed, or mo ved on or within the Flood Plain DISTRICT ae enewn e n an effieiai Sening Me ~, sh al l b e co nstructed at or above a point one (1 ) foot a bove the 100-year flood elevation for t he par ticular area and the fill sha l l extend a t such elevation at least fiftee n (15) fee t be- yond the limits of any structure or building er ected thereon. (3 ) No basement shall be permitted in any residential structure. (c ) Fills or Deposition of Ma te rials. Fills or d e posi t ion o f materials may be permit ted only upon a fin d i n g by th e 8i~1 Pianning a nd ~e ning 8el!llllieeien ADMINISTRATOR t h at: (1) Any fi ll or deposition of materials will c om p l y w ith Section 4, Special Provisio ns , and (2) The fill or deposition of mater ials will have some beneficial purpose and the amount there- of will not be greater than is necessary to • I • • - • • • - -10- achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put; (3) The f ill or deposition o f materials does not encroach on that portion of the f lood plain which wou ld have significant and perceptible flow during the f lood , and which for that reason would help convey the fl ood waters. Any additional filling reduces the hydraulic capacity and re- quires appropr iate hydraul ic studies and a review of the urban impact o f such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Mater ials. The storage or processing o f mat eria ls that are buoyant , f lammable, explosive, or in times of flood i ng, c ould be injuri ous to human, animal, or plant life, and shall be at er above the f lood pro- tection elevation for the p articular a rea or fl ood proofed in compliance with faa.4B-i ~et~lt §22.4B-8, FLOOD PROOFING, Sen- ditiene-Attaehed-te-Speeial-Exeeptien-Permite . Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of non-operable vehicles shall not be permitted. (e) MOBILE HOMES . (1) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXI STI NG OR NEW MOB I LE HOME PA RKS OR SUB- DIVISI ON S AFT ER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIS T FLOTATION, COLLAPSE , • I • C • • • - -ll- OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM SHALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS ; AND, (D) ANY ADDITI ONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR , RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING : • I . •• - • • • • -12- (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILINGS SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS; --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING FOUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN TIIE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARK . (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES • • I . • n • • • -13- (f ) Similar Uses, Uses very similar in nature to permitted uses may be allowed by the eity Pianning and @ening €e111J11issien FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. §22.4B-7 Administration. (a) Flood Plain @ening Administrator. The Director of Pianning COMMUNITY DEVELOPMENT or his assignee shall ~ttnrin~'l!"t-er BE THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the provisions of this Chapter. (b) Flood Plain Zoning Permit, A Flood Plain Zoning Permit must be obtained from the Flood Plain @ening Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following pro~edure shall be used by the eity Pianning and @ening €e111J11issien FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1 ) In all cases the person contesting the location o f the District boundary shall be given a reasonable opportunity to present his case to the €e11111iesien ADMINISTRATOR and to submit his own technical evidence if he so desires, The €e111mieeien ADMINISTRATOR shall • • I • • - - • • • • -14- not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect, (d) Process to be Followed for BFeeiei BxeeF•ien DEVELOPMENT Permits, (1) Application For, Any use listed in this Chapter as requiring a Speeiei Bxeeptien DEVELOP- MENT Permit may be allowed only upon application to t~e &ireeter ef Pienning and the issuance d a Speeiei Bxeep•ien DEVELOPMENT Permit by the eit7 Pienning end Bening ee11111issien FLOOD PLAIN ADMINISTRATOR, (2) Procedure for Passing on SFeeiei Bxeep•ien DEVELOPMENT Permits, (a) Upon receiving an application for a Speeiei Bxeep•ien DEVELOPMENT Permit in- volving the use of fill, construction of structures, or storage of materials, the eeaaissien ADMINISTRATOa shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a registered engineer competent in open channel hydraulics, which accurately locates the flood plain proposal with respect to the District limits, channel of THE stream, existing flood plain developments, to- • • I • • • • • -15- gether with all pertinent information such as the nature of the proposal; legal description of the property; fill limits and elevations; building floor elevations; and flood proofing measures, (2) If it is deemed necessary by the ee11111ieeien thet the~ ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the ee11111ieetee ADMINISTRATOR may require the applicant to furnish the following additional information; (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (b) Plan (surface view) showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, • I • • - • • • • -16- water supply, sanitary facilities, and soil types and other pertinent information. (c) Profile showing the slope of the bottom of the channel or thalweg of the stream. (d) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities, (3) Decision of eeaaissien ADMINISTRATOR to be on Certain Factors. The determination of the €eaaissien ADMINISTRATOR on each Speeiei Bweeptieft DEVELOPMENT Permit shall be based on the effects of the proposed project wi t h respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) (1), (2), (3), and (4), (4) The €eaaiesien ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application, (e) Conditions Attached to Speeiei Bfteeptien DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the eity P•enning end ~eftiftg €e111111issieft FLOOD PLAIN ADMINISTRATOR aey SHALL attach such con- ditions, in addition to those required by the Speeiei DEVELOPMENT Permits, as ie deems IS necessary in f~reherin~ TO FURTHER the • I • • • • • • -17- purposes of this Chapter. Such conditions may include specifi- cations for, without limitation because of specific enumeration, modification of waste disposal methods and facilities, landscap- ing, period of operation, operational controls, sureities , deed restriction, and adequate flood proofing. §22,48-8 Floodproofing. Speetai-eweep~tene-re~tttrtng-fieed-preef- tng-Meaettres-etteh-ae (a) WHERE FLOOD PROOFING IS DEEMED NECESSARY , SUCH MEASURES feiiewtng, shall be designed consistent with the flood protection elevation for the particular area as described in the Special Provisions, Section f4t; 22,48-4; and flood velocities, forces and other factors associated with the flood protection elevation. The 0efflfflteeten ADMINISTRATOR shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the particular area. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: fat (1) Anchorage to resist flotation and lateral movement, fet (2) Installation of waterti ght doors, bulkheads and shutters . fet (3) Reinforcement of walls to resist water pressures. • I • • - • • • • • -18- t87 (4) Use of water-proof paints , membranes or mortars to reduce seepage of water through walls. te7 (5) Addition of mass or weight to struc- tures to resist flotation. tf7 (6) Installation of pumps to lower water levels in structures. tg7 (7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. th7 (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. ti7 (9) Construction to resist rupture or collapse, caused by water pressure or floating debris. tj7 (10) Cutoff valves on sewer lines or the elimination of gravity flow basement drains . tk7 (11) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LCX:ATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. • , I • • • • • • -19- §22.48-9 Certif icate o f Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water cour se , nor shall such buildings be occupied, until a Certificate of Compl iance shall have been issued by the Bireeter-e£-PlaHnin~ FLOOD PLAIN ADMINI STRATOR. (b) The applic ant shall submit a cert ification by a registered prof essional engineer to the Bireeter-e£-PlanHing FLOOD PLAIN ADMINISTRATOR that the finished fill and building floor elevations, flood p roo fing measures, or other protection factors were accomplished in compliance with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NCYr THE STRUC TURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Bireeter e£-Planning ADMIN ISTRATOR shall issue a Certificate of Compliance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapte r, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF, §22.48-10 Amendments The boundaries of the Flood Plain District shall be subject to periodic review ey-~he-€ity -Planning-and-~ening-€em- mieeien and shall be amended in t he manner provided by law , to conform with any revised, corrected or additional hydrologic al data available from Federal, State or regional agenc ies or f rom a consulting engineer retained by the City . • I • • - • • • • • -20- §22.4B-ll Non-Conforming Uses. Existing Non-conforming Uses in the Flood Plain Dis- trict may be modified, altered , or repaired to incorporate floodproofing measures; but such Non-con f orming Uses shall not be expanded. ~Sreaeed-ey-0rd~-Ne~-a1,-seriee-ef-i9~i1 f22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE ; (b) ALL SUBDIVISIO N PROPOSALS SHALL HAVE PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER , GAS, ELECTRICAL, AND WATER SYSTEMS LOCATED AND CONSTRUCTE D TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PROPOSALS SHALL HAVE ADEQUATE DRAINAGE PROVIDED TO REDUCE EXPOSURE TO FLOOD DAMAGE; AND , (d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVE LOPMENT WHICH CONTAIN AT LEAST 50 LCYI'S OR 5 ACRES WHICHEVER IS LESS. • • I • • ( vC • • • ,· • -22- §22.4B-13 VARIANCE PROCEDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (:) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; I) I . • • • • • -23- (d) THE IMPORTANCE OF THE SERVICES PROVIDED ( BY THE PROPOSED FACILITY TO THE COMMUNITY; ( ( • (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODING OR EROSI ON DAMAGE; (f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA ; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TlMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES ; (1) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION , IF APPLICABLE, EXPECTED AT THE SITE; AND, (j) THE COSTS OF PROVIDING GOVERNMENTAL SERVI CES DURING AND AFTER FLOOD CONDI- TIONS , INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTI ON AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES • 0 I . • 'l ( l ( • • • • -24- CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a -j) IN §22.48-13(4) HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE , THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. (6) UPON CONSID ERATION OF THE FACTORS OF §22.48-13(4) AND THE PURPOSES OF THIS ORDINANCE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD PLAIN ADMINISTRATOR SHALL MAINTAIN TnE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMINISTRATION UPON REQUEST. B. CONDITIONS FOR VARIANCES (1) VARIANCES MAY BE ISSUED FOR THE RECONSTRUCTION, REHABILITATION OR RESTORATION OF STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES OR THE STATE INVENTORY OF HISTORIC PLACES, WITHOUT REGARD TO THE PROCEDUR ES SET FORTH IN THE REMAINDER OF THIS SECTION . (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINATION THAT THE VARIANCE IS THE MINIMUM NECESSARY, CONSIDERING THE FLOOD HAZARD, TO AFFORD RELIEF. • I . • { { \ • • • • -25- (4) VARIANCES SHALL ONLY BE ISSUED UPON: (a) A SHOWING OF GOOD AND SUFFICIENT CAUSE; (b) A DETERMINATION THAT FAILURE TO GRANT VARIANCE WOULD RESULT IN EXCEPTIONAL HARDSHIP TO THE APPLICANT; AND (c) A DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOI' RESULT IN INCREASED FLOOD HEIGIITS, ADDITIONAL THREATS TO PUBLIC SAFETY, EXTRAORDINARY PUBLIC EXPENSE, CREATE NUISANCES, CAUSE FRAUD ON OR VICTIMIZATION OF THE PUBLIC AS IDENTIFIED IN §22.46-13(4), OR CONFLICT WITH EXISTING LOCAL LAWS OR ORDINANCES. (5) ANY APPLICANT TO WfiOM A VARIANCE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVATION BELOW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NaI'ICE THAT THE COST OF FLOOD INSURANCE WILL BE COMMENSURATE WITH THE INCREASED RISK RESULTING FROM THE REDUCED LOWEST FLOOR ELEVATION. I . . ( • • • - §22.8 DEFINITIONS APPEAL. A REQUEST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADMINISTRATOR'S INTERPRETATION OF ANY PRO- VISION OF THIS ORDINANCE OR A REQUEST FOR A VARIANCE THERETO. AREA OF SPECIAL FLOOD HAZARD, nIE LAND IN THE FLOOD PLAIN WITHIN THE CITY OF ENGLEWOOD WHICH IS SUBJECT TO A ONE PERCENT OR GREATER CHANCE OF FLOODING IN ANY GIVEN YEAR, BASE FLOOD, THE FLOOD HAVING A ONE PERCENT CHANCE OF BEING EQUALLED OR EXCEEDED IN ANY GIVEN YEAR, Channel. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel, DEVELOPMENT, ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED REAL ESTATE, INCLUDING BUT NOT LIMITED TO BUILDINGS OR OTHER STRUCTURES, MINING , DREDGING, FILLING, GRADING, PAVING, EXCAVATION OR DRILLING OPERATIONS LOCATED WITHIN THE AREA OF SPECIAL FLOOD HAZARD, Encroachment Lines, The limits of obstruction to flood f lows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (out- side) of the encroachment lines may be ultimately developed in • I • • l \ • • • - -2- such a way that it will not be available to convey flood flows. The stream channel and adjoining flood plains between these lines will be maintained as open space and will be adequate to convey the 100-year flood without adversely increasing one (1) foot. Equal Degree of Encroachment, The degree of encroachment established by considering the effect of encroachment on the hydraulic efficiency of the flood plain along a significant reach of the stream on both sides. EXISTING MOBILE HOME PARK, A MOBILE HOME PARK EXISTING WITHIN THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANNEXATION WITHIN TERRITORY ANNEXED TO THE CITY OF ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE. EXPANSION TO AN EXISTING MOBILE HOME PARK, THE PREPARATION OF ADDITIONAL MOBILE HOME SPACES OR THE CONSTRUCTION OF FACILITIES FOR SERVICING THE MOBILE HOME SPACE ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING THE INSTALLATION OF UTILITIES, FINAL SITE GRADING OR POURING OF CONCRETE PADS OR THE CONSTRUCTION OF STREETS , Flood, The water from a river, stream, watercourse, lake or other body of standing water that temporarily overflows or inundates adjacent lands and which may affect other lands and activities through stage elevation backwater, and/or increased ground water level. I • • • • • • -3- FLOOD INSURANCE RATE MAP (FIRM), THE OFFICIAL MAP ON WHICH THE FEDERAL INSURANCE ADMINISTRATION HAS DELINEATED BOTH THE AREAS OF SPECIAL FLOOD HAZARDS AND THE RISK PREMIUM ZONES APPLICABLE TO THE CITY OF ENGLEWOOD, FLOOD INSURANCE STUDY, THE OFFICIAL REPORT PROVIDED BY THE FEDERAL INSURANCE ADMINISTRATION THAT INCLUDES FLOOD PROFILES, THE FLOOD BOUNDARY-FLOODWAY MAP AND THE WATER SURFACE ELEVATION OF THE BASE FLOOD, Flood Plain, The relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other body of standing water which has been or may be covered temporarily by flood water. For administrative purposes, the flood plain may be defined as the area that would be inundated by the "Standard Project Flood" (Corps of Engineers) or the "Maximum Probable Flood" (TVA), Flood Plain District, That portion of the floo:l plain subject to inundation by the 100-year flood. Its width is determined by the 100-year flood. Its length or reach is determined by natural bounds such as a lake, or by political or legal bounds. This equals the intermediate regional flood as defined by the Corps of Engineers. Flood Profile. A graph or longitudinal profile showing the relationship of the watersurface elevation of a flood event to location along a stream or river, • I • • • • • • --s- Floodproofing. Any combination of structural and non- structural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. Flood Protection Elevation, An elevation one (1) foot above the elevation or "flood profile" of the 100-year flood under existing channel and flood plain conditions. It is one (1) foot above the elevation of the flood for the Flood Plain District as shown on the Zoning Map in the office of the Director of Planning. Flood Stage. The height or elevation of a flood as referred to some datum. It is also commonly used to refer to the elevation at which a stream will overtop its normal stage banks. Floodway. That portion of the Flood Plain District re- quired for the reasonable passage or conveyance of the 100- year flood. This is the area of significant depths and velocities and due consideration should be given to effects of fill, loss of cross sectional flow area , and resulting increased water surface elevations. HABITABLE FLOOR, ANY FLOOR USABLE FOR LIVING PURPOSES, WHICH INCLUDES WORKING, SLEEPING, EATING, COOKING OR RECREATION, OR A COMBINATION THEREOF. A FLOOR USED ONLY FOR STORAGE PUR- POSES IS NOT A "HABITABLE FLOOR " . • I • • ( • • • • MOBILE HOME, A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS : (A) IT IS DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINS A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES , AND SLEEPING ACCOMMODATIONS, (B) IT IS DESIGNED TO BE TRANSPORTED AFTER FABRICATION ON ITS OWN WHEELS, ON A FLATBED OR OTHER TRAILER, (C) IT ARRIVES AT THE SITE WHERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDENTAL UNPACKING AND ASSEMBLY OPERATIONS, LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO UTILITIES, AND THE LIKE, DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOME, A MOBILE HOME CONSISTING RESPECTIVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO FORM A SINGLE DWELLING , WHILE STILL RETAINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE MOVEMENT, EXPANDABLE MOBILE HOME, A MOBILE HOME WITH ONE OR MORE ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE PRINCIPAL UNIT WHEN BEING TRANSPORTED AND WHICH CAN BE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA, MOBILE HOME PARK, A TRACT OF LAND EITHER IN SI NGLE OWNER- SHIP OR DIVIDED INTO BLOCKS AND/OR LOTS WHICH MAY BE IN SEPARATE OWNERSHIP , WHICH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES AND SERVICES IN ACCORDANCE WITH A SITE DEVELOPMENT PLAN , MEETING • I . • • • • -o- ALL OF THE REQUIREMENTS OF THIS ORDINANCE AND WHICH IS INTENDED (' FOR THE EXPRESS PURPOSE OF PROVIDING A SATISFYING LIVING EN- VIRONMENT FOR MOBILE HOME RESIDENTS ON A LONG-TERM OCCUPANCY BASIS, • MOBILE HOME SPACE, A PLOT OF GROUND WITHIN A MOBILE HOME PARK, DESIGNED FOR THE ACCOMMODATION OF ONE MOBILE HOME. NEW CONSTRUCTION, STRUCTURES FOR WHICH THE START OF CONSTRUCTION COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, NEW MOBILE HOME PARK, A MOBILE HOME PARK FOR WHICH THE CONSTRUCTION OF FACILITIES FOR THE MOBILE HOME SPACES OR FOR SERVICING THE MOBILE HOME SPACES, INCLUDING BUT NOT LIMITED TO, THE INSTALLATION OF UTILITIES, FINAL SITE GRADING, THE POURING OF CONCRETE PADS AND THE CONSTRUCTION OF STREETS IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. Reach. A hydraulic engineering term to describe longi- tudinal segments of a stream or river. A reach will generally include the segment of the flood plain where flood heights are primarily controlled by man-made or natural flood plain obstruc- tions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach, • I • • ( • ( • • • • -,- MOBILE HOME PARK -START OF CONSTRUCTION. THE DATE ON WHICH THE CONSTRUCTION OF FACILITIES FOR SERVICING THE SITES ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION OF STREETS, FINAL SITE GRADING, POURING OF CONCRETE PADS, AND INSTALLATION OF UTILITIES IS COMMENCED. Riprap. A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Public Works. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall mave a minimum thickness of 3 inches and a minimum volume of one cubic foot and at least 50 percent by weight shall have a volume of two cubic feet or more. The riprap shall be placed to conform to the specifica- tions of the Director of Public Works. Storage Capacity of a Flood Plain. The volume of space above an area of flood plain land t ha t can be occupied by flood water of a given stage a t a given time, regardless of whether the water is moving. Structure. Anything constructed or erected which requires location upon or under the ground or attached to something having location upon or under the ground . • D I • ( • • • • -~- Substantial improvement. Any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent of the fair market value of the property either (a) before the improvement is started or (b ) if the property has been damaged and is being restored, before the damage occurred. Substantial improvement is s t arted when the first alteration of any wall, ceiling, flo or , or other structural part of the building commences. VARIANCE, A GRANT OF RELIEF FROM THE REQUIREMENTS OF THIS ORDINANCE WHICH WOULD PERMIT THE USE OF LAND OR CONSTRUCTION ON THE LAND IN A MANNER THAT WOULD OTHERWISE BE PROHIBITED BY THIS ORDINANCE. WATERCOURSE, THE CHANNEL OF A STREAM OR A NATURAL OR MANMADE CHANNEL USED FOR THE CONVEYANCE OF WATER. Flood Plain Administrator . The Director of Community De- velopment or his assignee shall be the Flood Plain Administra- tor, also referred to as the Administrator. • I • • ~ . • - r. LITTLE ORY CREEK-SOUTH PLATTE RIVER FLOOD ZONE NO/ml 1 0 500 1000 APPROXIMATE SC ALE PUBLIC HEARING TO CONSIDER THIS MATTER 7:00 P.M. DECEMBER 27 1977 ENGLEWOOD CITY HALL LJLJLJLJLJLJLJ LJLJLJLJI COIINE~ IULJLJLJLJLJ .. ; DDDDDDD DQ~rJDDDDClDDD = ,~ O~DD!D~DQDD.CJDD DDDC ·==ill~~DUDDD~D DD~o .=~DDDDr:J~D DD~D ~· -DD DDD -DDQDDD ~,,~, Q Q t!' • p ~DDQ!, ... , I ....... COIIPQIIAT( LI MITS !' ~ I DDD[JN~DDD ... ; . - i,~0D DDDDDG1~DDD DODD .,,, .... : t/onnnnnnW1nnnnn nnn n a --; • ,-.. O 500 IOOO NORTH APPOOX•••« ;r~L\ t I ! \ ..J I \.s.,or J--d 1£.0J!POR ATE UNIO N :J~ --:J . ]~ ]~ I 0 J ~ BELLEVIEW -- BIG DRY CREEK-SOUTH PLATTE RIVER FLOOD ZONE PUBLIC HEARING TO CONSIDER THIS MATTER 7:00 P. M. DECEMBER 27 1977 ENGLEWOOD CITY HALL - ·1 .. , .. ~ ' .. ... • ~J! ··' :· .... ~ . -~ ., : ,.~ .. J ; .. ·. ' .•· • - • • - • -"'. 4.., ... ,,.., RESOLUTION NO. I SERIES 1978 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OP ENGLEWOOD, COLORA DO, TD CREAT!! A SPECIAL IMPROVEM ENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO , 25, ADOPTING DETAILS AND SPECIFICATIONS FOR TH I! PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF NOTICE ·oF HEARING TO THE OWNERS OF THE PROPERT Y TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHER F~S, the City Council of Englewood, Colora do, has determined that it is necessary to create a special i mprove- ment d is trict within the Ci t y, for the purpose of c o ns tructing and .installing stre e t paving, curb and gutter and sidewalk im- provements, together with necessary incidenta ls, on certain streets and avenue s as se t forth in this resolution, and to a·ssess the cos t o f the improvements aga inst the p r operty specially benefited by the i mprovements and included within the district; and WHEREAS, pursuant to the Charter of t he City and Chapter 14 of th e Municipal tode Ht the City, the City Council has determined to .cons truc t and install such improvements, provided however, t hat the City Council shall consider all protests and object ions th at may be made in connection with the proposed improvem en ts, before ordering the construction thereof; and WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improveme nt pro- ject has prepared and filed prelimi nary plans, speci fica tio ~s, estimates of cost, maps and s chedules f or the proposed im- provements; BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO: 1, That the City Council has determi ned there exists a necessity for the construction and i n s tallation of the street paving, curb and gutter and sidewalk improvem~nts, together with necessary incidentals, on those streets 8nd avenues ·~h ich are more particularly s:et forth in the notice of hearing, and to create a special improvement district for such purpose. 2. That the Engineer's reports, togethe r wi th the preliminary details, speci ficat i ons, estimates of cost, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use i n the construc tion and ins tallation of the improvements to be made in said improvement dist rict. -1 - • . . •; I • • -·' 1 • : .... ,. In ( • .. • • • • . , J-·-·· ....... _t ..• ::-•nr",W-~·~ ........... l. That D1&terials to be used in constructing and installing the proposed improvements are stated in the Notice hereinafter set forth . 4. That the assessments to be levied against the property to be included within ~e distr.ict, for said improve- "'*nts, shall be due and payable within thirty days from and after the final pub lication of the . ordinance assessing the whole actual coat of said imp rovements against the real property in said district, provided , however, that any owner who shall pay the entire amount of the assessment within said period of ti111e, shall be entitled to an allowance of SI of the amount of the assesS111ent. In the event a ny own er of real estate shall fail to pay the whole of such assessment again st his property within said thirty days, then the whole cost of said improvement.a so assessed against h is property shall be payable in ten (10)_ equal annual installments of assessments. The interest rate on the unpaid installments of assessments will be establ ished by ordinance to be adopted b y the City Council at a later date. The first of said insta l lments of principel and ·interest shall be due and payable at such time as may be determined in end by the assessment ordinance, and the remainder of the annual installments of principal and interest shall be due and payable successively on the same day in each year thereafter until all are paid in full •. s. That the property to be assessed for said im- provement• shall be the property specially benefited by said improvements and included within the improvement district, and more partic ularly described in the Notice here inafter set forth. 6. That t here shall ~e prepared an ~rdinance creating within the corpor ate limits of the City, a special improvement district to be known as Paving Di strict No. 25, providing for the construction and installation of the improve- ments, al l as des cribed i n this Resolution, and l n a ccordance with the prel iminary report, plans, maps, specifications, deta i ls and estimates of costs of the £ngineer, herein referred to and now on file in the office of the Director o f Public Works. The proposed ordinance will be considered for passage on first reading by the City Council at a regular meeting thereof to be held on February 6 , 1978 • -2 - • . ' I • i I I I • • • • • • -•• ! - 7. Notice of the public hearing on the creat i on of. the district shall be published once a week for three we ek• in the Englewood Herald Sentinel, a n~spaper of g eneral circulation in the City. In addition, a copy of auch notice s~all be mailed, postage prepaid, to each known owner 'of real ,property with in the propose~. diatrict. The published notice •hall be in substantially the followin9 fonu -3 - .. .. \. .. £- ·~ ,. ; r, \' . [ . I • • In ( • • • • • :. ... .,., •· -.. ...: !!Q.!!£~. OF THE INTENT ION TO CREATE A SPECIAL IMPROVE- MENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE ,· KNOWN AS PAV I NG DISTRICT NO. 25, FOR THE PU R- POSE OF CONSTRUCT ING AND INSTALLING STREET PAVING , CURB AND GUTTER AND SIDEWALK I:MPROVE- MENTS, TOGETHER WI TH NECESSARY INCIDENTALS, ON CERTAIN STRE ETS AND AVENUES THEREIN , ANO OF A PUBLIC HEARIN G THEREON. All owners of re al estate and property hereinafter described, and all persons generally, are hereby notified that the City Council o f Engl e wo o d, Colorado, pursuant to its own order ha• adopt ed preliminary details, plans and •pecifi- cation• for c on struction of street paving, curb and gutter and sidewalk improvement s, i n and for a proposed special~..,.. provement diatri c t wi thin the corporate limits of Englewood, Colorado, to be known as Paving District No. 25. Said persons are further notified aa follows: (a ) The improvements to be constructed or lnaUlled are u foll o we, 1. Necessary gra1 nq and excavation , ·p av ing with 6~ compacted g ravel base cou ~se and 2" asphaltic conc rete s urf a ce, con- crete walks, c u rb and gu ter where not al ready i nstalled ; together with ~ppurtenances and incid en ta ls on the fol low- ing streets and avenues : ON FR OM TO : ..• East Centennial Ave. East s ide of South 4 8 6 feet east of the Broadway E. s i de of s. Bdwy. South Delaware St. South side of West North side of West Eastman Ave. Floyd Ave. South Fox St . South S1de of We st North side of West Cornell Ave. Dartmouth Av e. South Galapago St. North side of West 275 fe et north of N. Oxfo rd Ave. side of W. Oxford Ave. South Huron St. No rth side of West 4 00 feet N. of no r th /·:.· Princeton Ave. s i d e of w. Princeton Av e. East Layton Ave. East side of South West side of South Lincoln St. Sherman St . East Layton Ave . East side of So uth West side of South Logan St. P ennsy lvania St . West Oxford Ave. We st SJ.de of South We s t s ide of South I nc a St . Fox St. West Princeton Ave. West side of Sou th Eas t side of South Bannock St. Che rokee St. Ea st Prince t on Ave. East side of South We st side· of South Lincoln St. Logan St. East Un i on Ave. East side of South We st s i de of South Broadway Penn sylvania St. Wes t Wes l ey Ave. West side of Sou th Eas t s ide o f Sou th Tejon St. Zuni St. -4- • ' I • • In n • '":'i. / ... ~ .. ~~- , ... '\, • • West Wes t south South So uth 2. Q!! • • • ... Necessary grading and excavation, pav i ng wi th 8" compacte d gravel base course and 3" asphaltic concrete surface appro x i- ma tely 44 feet i n width, concrete walks, cur b and gutter where not already installed, toge ther with appurtenances and incidentals on the follo~ing streets a nd avenues: FROM TO .Bates Ave. East side of South East s i d e of South Del aw are St . Galapago St. Cornell Ave, East sid e of South East s ide of South 3. ON Shoshone S t. Tejon St . Necessary grad i ng a nd excavat i on, paving wi th 8 11 compac ted gravel base course a nd J .. a spha lt1 c concre te s ur fa c e approxi- mately 34 feet in wid th, 4-foo -wide c oncrete "V" pans , t og ether with appurte nances and i nc i d e n~a l s on the following streets and avenues : FROl l TO Shoshone St. South side of We st North side of Wes t Ba tes Av e . Cornell Ave. Uma tilla St. So u t h side of West North s ide of West Bate s Av e. Dartmouth Avenue Vallejo St. Sou t h s ide of We st Nor th s ide of West Ba t es Av e. Dartmouth Ave. South Wyandot St . So u t h s i d e of We st No rth side of West 4. Bate s Ave . Dartmo uth Ave. Necessary pre parat ion o f p r esen t s u rface, installation o f poly- propylene fabric, o v erlaying of s a me with one -inch asphaltic concrete, a nd c onc re te walks, curb s , and gutters, whe re not pre s ently a deq ua te ; together with a ppurten~nces and other i nc i - ~ .. , i dental work on the ~ fo l lowinq s t reets c!..ruL..a venue~------------1 East Amhe r st Place East Dartmouth Circle South Elati St. South Pearl St. South Wash i ngton St . F ROM !Q Eas t side o( South Pennsyl vania St. "North side of 2 1 00 East Dar t mo uth Av e. So uth side o f West Ox ford Av e. South s ide of Eas t S tanfo r d Ave . South side of Ea s t Grand Ave . We st s ide of South Clarkson St. " North s i de of 2200 East Da r tmouth Av e . North s ide of West Princeton Ave. No rth sid e o f East Tufts Ave. North s id e o f East Be llev i e w Av e . So u th Wash i n g t o n Circle l est s ide o f So u th We s t s i de of South Washin gton St. (App roxi-Wa s h i n g ton St . (App r o xi- mately 5010 south) mately 5050 south) 5 . Ne ce ssary g r ad i ng and e xca vation , compac ted subgrade, and wi th 6 " Po r tland cement concrete surface , fo r a total overall ·w1.dth of f ourceen feet; together with appurtenance s a nd other inci- dental wo r k on the followi ng alleys : ON FROM TO Alley E. o f 37 00 Bl k. South side of Eas t No rth side of Eas t South Br oadway Kenyon Ave. Lehigh Av e . Alley E. of 4 0 00 Bl k. So u t h side o f Ea st North side of Ea st South Broa dway Nas sau Ave. ox fo r d Av e . Alley E. of 4700 Blk . South s ide of East o r t h s ide of East Sou t h Broadway Union Ave . Lay t on Ave. -5- • I • • ...... • • \ t ,,.• .,., ;, ,. (~.~ .... ' I ' ....... £ ,. • • • • ~-.. \,.~,""'~ ........... (b) The description of the proposed district, a nd the prop- erty to be assessed wi th the cost of the improvements shall be all of the real property fronting or abu t ting o n the streets and alleys between the termini here i nbefore described, i ncluding the real property wi thin one-half (l /2 ) b lock of such streets and alleys. Ad j ustments for t he aaaessment of costs wil l be made for irregular and odd-shaped lots and parcels of property. (c ) The pro bab le total cost of the improvements to be con- structed and installed is $1,050,100. (d) The probable amount of the total cost wh ich the City sha ll pay is approximately $203 ,400 . (e) The balance of the total cost which i s not paid by the City of Engl ewood will be assessed agai p st the property specially bene- fited by the improvements, and included within t he District. Probable coat• per front foot for aaid improvement.Sare as follows: Asphalt paving on streets 36' wide (6 and 2) $1 5.86 per front f oot Aaphalt paving on streets 44' wide (8 and 3) $2 7.33 per front foot Asphalt pavi ng on streets 34' wide (8 and 3) $20 .53 per front foot l" Asphalt overlay paving on streets 36' wi de $ 6.60 per fron t foot Concrete alley paving 14' wide $17.82 p er frcnt f oot Pav ing of other width s shall be in p r oportion to the above estimate. 4" thick curbwalk -Type I $11. 93 per fron t foot 4 " thick curbwalk -Type II S12.15 per fron t foot Vertical curb and gutter $ 7,88 per front foot Sidewalk 4. wide s 8.4 0 per front foot 6" thick concrete slab s 2.78 p e r square foot 4 . wide concre te •v" Pan $12.60 per front foot ' All estimates exclude the six percent (61) for i nspect ion, col- lec t i on, i ncidentals and .interest as provided by law . The costs of paving to be constructed along the sides of corner lots within said District shall be assesse d against properties within one-half (l/2) block , or 300' of such i ntersections and corner lots, wh i chever i s smaller, o n a zone basis in acc ordance with bene fits con - ferred on s uch properties. 1 Each one-half (l/2) block, or 300' section, will be divided into six (6) parallel zones a nd assessments will be on the following bas i s: • ;,.".., .,,,,. In I • • ,.., • .. .... ---~·-·· ..... -., 1st Zone abutting on s treet • • - or avenue •••••••••.•••.••••.•••• 28.SSI Next Zone •.........••......••...•• 14.291 Next Zone ••••••••••••.•••••••••••• 14.291 Next Zon e •••.••••••••••••••••••• , .• 14. 291 Next zone ••••••••••••••• ' •••••• · •••• 14.291 Next Zone •••••••••••••••• · •.•••••••• 14. 29 I TOTAL •••• 1001 ·'.' No assessments wil l be made for curbs, gutters and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the . City Engineer. The cost of improving street, avenue and alley inter- aectiona 1:_hr~u9~~ut the District, and ~f. pav~n9 ~ excess of l!'. widths ands• t hi ckness on streets de s ignated as a rterial or collector withi n residential zoning as of January 3, 1 9 78 , will be paid by the City of En glewood. Property owners are specifically referred to the schedule of proposed asee s amen t& which will ~I on file in the Office of the Director of Public Works, fr om which the approximate amo un t to be assessed-against any .particular lot or parcel or property. rnay be determ i ned. Upon completion of sai d improvements, or aa soon aa the total cost thereof is definite ly ascertained, such coat shall be apportioned to the property in the District. Notice of auch ap- porti onme nt shall be given and a Hearing will be held pri or t o the adoption of an ordinance assessing such cos t, all as provided by law. · (fl Said assessments will be due and payable without demand within th irty days from and after the final pub lication of an ordl.nanc e asses sing the whole cost of said improvements against the real property in said District; provided, however, that any owner who shall pay the f ull asse ssme nt wi thin said period of thirty days shall be entitled to an allowance of five percent (5 \). In the event that any owner of real property sha ll fail to pay the whole of such assessme nt against the property within said thirty days, then the whole cost of sai d improvem ent so assessed aga inst the property shall be payab le in ten equal annual in- stallments of principal. The first of such installments o f p r incipal shall be due and payable at such time as rnay be determined in and by the assessing o rdinance, and the rema inder of said installments thereafter until all are paid in full; The rate of interest to be paid on unpaid nnd deferred ins t allments wi ll be e stablished by ordinance to be adopted by the City Council at a lat.er date. (g) A Hearing on the creation of the District will be held by the Council on Mond ay, the 30th day of J anuary, 1978, at 7:)0 o'clock P .M., at the City Hall in Eng lewood. A public hea r i ng sha ll be held prior to the final passage of such ordinance, at t.he regular meeting at 7 :)0 P.M. on Tuesday, February 21 , 1 978 . -7 - .. ., . r· In I • • • • • • • ..,, ..... (hi Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements .involved, may ~ appear at the tinoe and place set for the public hearing thereon for that purpose. (ii A map, estimate and schedule ahowin9 th• approximate &11ount to be assessed,, and all resolutions and proceedings will be on file and can be seen and examined by any person interested at the Office of the Director of Public Works at any time during business hours on or prior to the data of hearing. · Dated the Jt<J,day of January, 1971. & EAL I /s/ w. James Director of Finance Englewood, Colorado Publish in, Englewood Herald-Sentinel Publish on: Januaryll, 18 and 25, 1~7$. -8 - • ' ' ;1 & ..... I • • • .... • • • '. -•" /1'-.I , 8. A copy of the notice which will be published shell eleo be ma iled t o each property owner to be included within ·the district and who will be assessed with the coat ot the improvements . 9. Should any one or more sections or provisions ot this Resolution be judicially determined invalid or unenforceable, such determination s h all not affe~t, impair or inval i date the remaining provisions hereat, the intention being that the various provi sions h ereof a re severable . ADOPTED AND APPR OVED This 3rq day of January, l97j. SB AL ) ATTEST: Director of Finance .• , :r· Na yar • ' ' I • • • • - !"- City of Englewood From the Office of the Mayor JAMES L. TAYLOR CITY COUNCIL 3400 South Elati Street Englewood .Colorado 80110 Phone (303) 761 -1140 David B. Clayton , Mayor Pro Tern Howard A. Brown Vern Mann Donald L.A. Smith Douglas T. Sovern Donald W. Wil Iiams December 13, 1977 Colorado Land Use Commls s ion 1313 Sherman Street Denver, Colorado 80203 Gentlemen: I am sure you arc nwar e of the gn•nt concern of the City of Englewood over future growth and development of property locat e d In the area south of West Oxford Avenue and north of the Englewood city limits between So~th Santa Fe Drive and the South Platte River. This land is currently unincorporated and is in Arapahoe County. We tried to unila.terally annex this area in 1973 and failep and are currently being requested by some property owners to 'annex several tracts. The great majority of the property owners in this area, however, have petitioned to annex to the City of Sheridan. The City of Englewood is a major property owner in the City of Sheridan as the owner and develo per of a municipal park and golf course directly adjacent (north) of th e area now being petitioned to annex to .Sheridan. We have acquired 244 ac res and spent well over $3 million on the facility to date. Estimates of total costs could well be over $5 million. Part of the purchase of the land was financed with Bureau of Outdoor Recreation funds. To safeguard its lnveRtme 1\t and pr otect against the, det e rforatlon of property values by incom patibl e uses then located adjacent to this prop ert y and under the jurisdiction of Arapahoe County, the City of Englewood initiated a s uit in Arapaho e DiRtrlc t Court earlier thi s year against a propos e d ca r shredder owned by Denver Hetn ls Company, alleging violations of the County'R 1961 Zoning Resolution relating to flood plain zoning 1111tl usage. At the llllm l! time, the City of Englewood attempted to join a suit filed by the State Attorney General's Office, seeking to designate the car shredde r as a solid waste disposal site under the meaning of 30-20-101 et. seq., C.R.S. 1973, and requiring the operators to ob.tain fr om the Arapahoe County Commissioners a "certificat e of designation," which certificate was unanimously denied in June, 1977 following several days of public hear ings. • I • • n ,. Page 2 Colorado Land Use CoDD11ission December 23, 1977 • • - Thuit, the City of Englewood has l ung been concerned nbo ut e xp a niti on of heavy industrial uses in the a r ea along the South P~otte Rtvc r. It l s our belief that presently planned activities, such as the joint RTD/Color a do Highway Department transportation corridor along Santa Fe Drive, the planned extension of Quincy Street between Federal Blvd. and Santa Fe Drive (which will serve as a major east-west arterial between Cherry Creek Reservoir and the mountains), the river channelization/greenbelt program being undertaken by the U. S. Army Corps of Engineers and possible designation of the South Platte River between Chatfield Dam and The Narrows as a national urban park by the U. S. Department of the Interior, will all comblne to stimulate hlgher and better land uses along the South Platte Valley, with a growth of property values and an expanded tax base, as well as attractive residential developments surrounding this park-like setting •. Therefore, because of our great concern about future land uses in thJs area, we hereby petition the Colorado Land Use Commission to designate proposed land uses in this area as a matter of state interest and to require the City of Sheridan to hold ·hearings to this effect in conform- ance with state statutes. We would hope that the Commission would be able to provide technical and financial assistance during this time in formulating a long-r a nr.e land use and development policy. Should these efforts fail, we would also petition the Commis11lon to seek. judic ial review of suc h mutter In the Arapahcw County O!Rtrlc t Court, which as we understand is wlthln tlw Conunlat1l o n's authority under the provisions of 24-65,1-407, C.R.S., 1973, as ame nded. ~~-;;(/7~ JAMES L, TAYLOR Mayor. • cc: Members of the Englewood City Council Mr. Will Corbin, Mayor of Sheridan Mr. Andy McCown, City Manager of Englewood Mr. B, V. Berardin i , City Attorney of Englewood Mrs, Judith Pierso n, Chairman of Englewood Planning and Zoning Commission Mrs, Ruth Allen, Chairman of Englewood Parks and Recreation Commission • I • • n n • • • ,· • INTRODUCED AS A BILL BY COU NCIL MEMBER SMITH A BILL FOR AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF ENGLEWOOD, COLORADO, HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT) IN THE MAXIMUM PRINCIPAL AMOUNT OF $18,000,000, AND CITY OF ENGLEWOOD, COLORADO, SPECIAL OBLIGATION BONDS, SERIES 1978, IN THE MAXIMUM PRINCIPAL AMOUNT OF $2,000,000, ALL FOR THE PURPOSE OF REIMBURSING PORTER MEMORIAL HOSPITAL FOR THE COSTS OF ACQUIRING AND CONSTRUCTING CERTAIN HOSPITAL FACILITIES AND REFINANCING OBLIGATIONS INCURRED BY PORTER MEMORIAL HOSPITAL WITH RESPECT TO THE ACQUISITION AND CONSTRUCTION OF CERTAIN HOSPITAL FACILITIES, AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND INSTRUMENTS RELATED THERETO. WHEREAS, the City of Englewood, Colorado (the "City"), desires to promote and stimulate the provision of more adequate hospital care for families and persons within and near the City; and WHEREAS, Article 3 of Title 29 of the Colorado Revised Statutes of 1973, as amended (the "Act"), authorizes the City to issue r evenue bonds and use the p roceed s therefrom to pay o r to reimburse a user for the costs of the acquisition and construction of hos pita l facilities constituting a "pro jec t" unde r the Act; and WHEREAS , the Act further a uthori ze s the City to issue revenue bonds and use sub stantially all of the proceeds therefrom to liquidate any obligutions previously incurred • I • • • • • • 2 to finance hospital facilities which would have constituted a "project" under the Act had such hospital facilities been originally undertaken and financed by the City pursuant to the Act; and WHEREAS, Porter Me morial Hospital, a Colorado non- profit corporation (the "Hospital") has, within the past several years, acquired and constructed from its own funds certain hospital facilities (the "Project") constituting a project under the Act, which Project is located within e i ght miles from the n eare~t point of the corporate limits of the City; and WHEREAS, the Hospital desires to be reimbursed for the cost of the Pro ject as permitted under the Act; and WHEREA S, the Hospital desires to refinance its outstanding First 1 Mortgage Bon ds, 1975 Series , issued i n t he principal a mount of $8 ,000 ,000 (the "Se ri e s 1975 First Mo rtgage Bonds") and its Direct Obligation No tes, 1975 Series, issued in the principal amo unt of $5,000,000 (the "Direct Obligation Notes ") both issued to finance hospi tal facilities const ituting a "project" under the Act, which • I • • ( • • • • hospi tal facilities are located within eight miles from the n e arest point of the corporate limits of the City; and 3 WHEREAS, the Hospital desires to obtain a portion of the funds for the aforesaid purposes by issuing and selling to the City its First Mortgage Note (the "First Mortgage Note") in the maximum principal amount of $18,000,000 issued under and secured by a Mortgage and Security Agreement dated as of February 1,1978 (the "Security Agreement") by and between the City and the Hospital; and WHEREAS, the Hospital desires to obtain a portion of the funds for the aforesaid purposes by issuing and selling to the City its Special Obligation Note (the "Special Obligation Note") in the maximum principal amount of $2,000,000 issued under and secured by a Security Agreeme nt dated as of February 1, 1978 (the "Special Oblig ation Secu ri t y Agreement") by and between the City and the Hospital; and WHEREAS, it is h e r e by found and d e term i n e d that the City will issue its Hospital Revenue Bonds, Series 1978 (Porter Memorial Hospital Project) (th e "Series 1978 Bonds") in t h e maximum principal amount of $18,000,000 pursuant to I • • • • • • 4 a Trust Indenture dated as of Februar~ 1, 1978 (the "Indenture") by and between the City and a trustee (the "Trustee") to be designated, and that the proceeds therefrom will be used in accordance with the provisions of the Indenture to purchase the First Mortgage Note from the Hospital; and WHEREAS, it is hereby found and determined that the City will issue its Special Obligation Bonds, Series 1978 (the "Special Obligation Bonds") in the maximum principal amount of $2,000,000 pursuant to a Trust Indenture dated as of February 1, 1978 (the "Special Obligation Indenture") by and between the City and the Trustee and that the proceeds therefrom will be used in accordance with the provisions of the Special Obligation Indenture to purchase the Special Obligation Note; and WHEREAS, it is hereby found and determined that reimbursing the Hospital for the cost of the Project and refinancing the Hospital's Series 1975 First Mortgage Bonds and Direct Obligation Notes will promote the public health, welfare , safety, convenience and prosperity of the City and its inhabitants by promoting and stimulating more adequate hospital care; and WHEREAS, it is necessary to provide for the issuance and sale of the Series 1978 Bonds and the Special Obligation • I • • (. • • • • Bonds and to authorize the preparation bf all documents, instruments and acts necessary in connection therewith; and WHEREAS, by resolution the City will consider and approve the final details of the Series 1978 Bonds and 5 the Special Obligation Bonds, and will approve and authorize the execution and delivery of all documents, instruments, and acts in connection therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Finding and Determination. The City Council of the City of Englewood, Colorado, hereby finds and determines that reimbursing the Hospital for the cost of the Project and refinancing the Hospital's Series 1975 First Mortgage Bonds and Direct Obligation Notes will promote the public health, welfare, safety, convenience and prosperity of the City and its inhabitants by promoting and stimulating more adequate hospital care. Section 2. Approval of and Authorization for Issuance of the Series 1978 Bonds . The issuance of the City's Hospital Revenue Bonds , Series 1978 (Porter Memorial Hospital Project), to be dated February 1, 1978, in the maximum • I • • , • • • • 6 principal amount of $18,000,0UO with a maximwn net effective interest rate of 7.51, in substantially the form and with substantially the content to be set forth in the Indenture, is in all respects approved, authorized and confirmed, and the Mayor and Clerk of the City are hereby authorized and directed to execute and seal the Series 1978 Bonds in the manner provided in the Indenture and to deliver them to the purchaser hereinafter designated for ·and on behalf of the City, and upon receipt of the purchase price to deposit the proceeds thereof with the Trustee in the manner provided by the Indenture. The Series 1978 Bonds shall be issuable as coupon Series 1978 Bonds in the denomination of $5,000 each, registrable as to principal only, and as fully registered Series 1978 Bonds without coupons in the denomination of $5,000 or any integral multiple thereof (but not in excess of the principal amount of Series 1978 Bonds maturing in any particular year). The Se~ies 1978 Bonds shall mature at such times not exceeding 30 years from date of issuance, shall bear interest at the rates, be payable at the place and be subject to the terms of redemption set forth in the Indenture and as shall be finally approved and provided in a supplemental resolution of the City Council. The Series • I • • - • • • • 7 "1978 Bonds shall never constitute an indebtedness of the City within the meaning of any provision or limitation of the Colorado Constitution, statutes or of any home rule charter, and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. The Series 1978 Bonds are special, limited obligations of the City and are payable solely out of the revenues derived from the Fir.st Mortgage Note issued under the Security Agreement and pledged and assigned for their payment in accordance with the Indenture. Section 3. Approval of and Authorization for Issuance of the Special Obligation Bonds. The issuance of the City's Special Obligation Bonds, Series 1978, to be dated February 1, 1978, in the maximum principal amount of $2,000,000, with a maximum net effective interest rate of 5.0%, in substantially the form and with substantially the content to be set forth in the Special Obligation Indent~re, is in all respects approved, authorized and confirmed, and the Mayor and Clerk of the City are hereby authorized and directed to execute and seal the Special Obligation Bonds in the manner provided in the Special Obligation Indenture and to deliver them to the purchaser • I . • • • • 8 hereinafter d e signated for and on behalf of the City, and upon receipt of the purchase price to deposit the proceeds thereof with the Trustee in the manner provided by the Special Obligation Indenture. The Special Obligation Bonds shall be issuable as coupon Special Obligation Bonds in the denomination of $5,000 each, registrable as to principal only, and as fully registered Special Obligation Bonds with- out cbupons in the denomination of $5,000 or any integral multiple thereof (but not in excess of the principal amount of Special Obligation Bonds maturing in any particular year). The Special Obligation Bonds shall mature at such times not exceeding 30 years from date of issuance, shall bear interest at the rates, be payable at the place and be subject to the terms of redemption set forth in the Special Obligation Indenture and as shall be f inally approved and provided in a sup p l em ental reso l ut i on of the City Council. The Spe cial Obl ig ation Bonds shall never constitute an indebtedness of t he Ci t y withi n the meaning of any p rovision or limita ti on of the Co l o rado Co ns t i t u ti on, statutes or of any home rule c h arter, and sha ll not c o nstitute or given rise to a p ecun iary liabili ty of the City or a charge aga i nst its general credit or taxing powers . The Special Obligation Bonds are special, • I • • ( • • • .. - 9 limited obligations of the City a~d are payable solely out of the revenues derived from the Special Obligation Note issued under the Special Obligation Security Agreement and pledged and assigned for their payment in accordance with the Special Obligation Indenture. Section 4. Authorization of the Sale of the Series 1978 Bonds. The sale of the Series 1978 Bonds to an under- writer to be agreed upon (the "Underwriter") by the City and the Hospital as managing underwriter at par less a discount not to exceed 2.25% as specified by the Underwriter, plus accrued interest to the date of delivery, is hereby approved, authorized and confirmed. The Mayor and Clerk of the City are authorized and directed to deliver the Series 1978 Bonds to the order of said purchaser upon payment by the purchaser of the purchase price pursuant to the Indenture. Section 5. Authorization of the Sale of the Special Obligation Bonds. The sale of the Special Obligation Bonds to the Underwriter at par less a discount not to exceed 2.25% as specified by the Underwriter, plus accrued interest to the date of delivery, is hereby approved, authorized and confirme d. The Mayor and Clerk of the City are authorized and directed to deliver the Special Obligation Bonds to the order of said purchaser upon payment by the purchaser of the purchase price pursuant to the Special Obligation Indenture . • I • • • • • 10 Section 6. Preparation of Documents. In order to facilitate the issuance of the Series 1978 Bonds and the Special Obligation Bonds, there are currently being prepared the Indenture, the Special Obligation Indenture, the Security Agreement, the Special Obligation Security Agreement and a Preliminary Official Statement and a final Official Statement, the execution; delivery and/or use of which documents are subject to subsequent ratification and/or approval by the City Council by resolution. Section 7. Authority to Correct Errors, Etc. The Mayor and Clerk of the City are hereby authorized and directed to make or agree to any alterations, changes or additions in the instruments which may be approved, authorized and confirmed as the Mayor and Clerk deem necessary or proper to accomplish the purposes of this Ordinance and any subsequent resolution, to provide adequate security for the Series 1978 Bonds and the Special Obligation Bonds, to improve the marketability of the Series 1978 Bonds and the Special Obligation Bonds, as may be requeste9 by the Hospital, the Trustee or the Underwrite r, or as are necessary to correct errors or omissions therein or to conform the same to other provisions • I • • r Cl ( • • • • 11 of said instruments, to the provisions of this Ordinance and any subsequent resolution, or to the provisions of Colorado or federal law. Provided, however, no alteration, change or addition shall be made which shall alter, following the establishment thereof in this Ordinance or in a resolution subsequent hereto, the maximum net effective interest rate, denomination, date, maturities, form, interest rates, regis- tration privileges, manner of execution, .places of payment or terms of redemption of the Series 1978 Bonds or the Special Obligation Bonds or which shall increase the aggregate principal amount of Series 1978 Bonds or the Special Obligation Bonds authorized or in any way give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers with respect to the Series 1978 Bonds or the Special Obligation Bonds. Section 8. Severability. If any provision of this Ordinance shall be held invalid, the invalidity of such provision shall not affect any of the other provisions of this Ordinance. Section 9. Further Authority. The Mayor and Clerk of the City and other proper City officials, and each of • I • • n . ' \ • • • • them, are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement . and carry out the matters herein authorized. INTRODUCED AND READ this 3rd day of January, 1978. Published as a Bill for an Ordinance on the 4th day of January, 1978, (S E A L) ATTEST: ex officio 12 I, William D .. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on 3rd day of January, 1978. --------·-~- I • • -. I C ( « • • - INTRODUCED BY COUNCILMAN ~_S_M_IT_H~~~~~~~~~~~- A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP) ', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PROHIBITING CERTAIN USES DANGEROUS TO LIFE AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HAZARDOUS Tc:1 PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN ,!DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL • EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 22.4B of the Comprehensive Zoning Ordinance, (Ordinance No. 26, Series 1963 as amended) is hereby repealed and re-enacted to read as follows: §22.4B-l Legislative Purpose and Intent To promote the p ~b~ie he a lth, safety and we lfare OF THE PUBLIC, to minimize flood losses in areas subject to flood h aza rds; and to promote wise use of the flood plain, this zone district has been established to regulate the uses within the 100-year flood plain. with the following p~rpoeee intended. THE AREAS OF SPECIAL FLOOD HAZARD ARE INDENTIFIED BY THE FEDERAL INSURANCE ADMINISTRATION ON FLOOD HAZARD BOUNDARY MAPS AND FLOOD INSURANCE RATE MAPS, WHICH MAPS ARE ON FILE IN THE ENGLEW OOD CITY HALL IN THE OFFICE OF THE CITY CLERK. BY ADOPTING THIS ZONE DISTRICT, THE FOLLOWING PURPOSES ARE INTENDED: (a) To reduce the hazard of floods to life and property through: (1) Prohibiting certain uses which are t'1 I • I • • n • • - dangerous to life or property in time of flood; (2) Restricting uses which would be hazardous to the public health in time of flood; (3) Restricting uses which are particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection; (4) Requiring permitted flood plain uses, in- cluding public facilities which serve such uses, to be protected against floods by providing flood proofing and general flood protection at the time of initial construction. (b) To protect flood plain occupants from a flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger, through: (1) Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions; (3) Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not in fact suitable. (c) To protect the public from the burden of extra- ordinary financial expenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas. (d) To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reason a ble flood plain management. -2- I • • « • • - (e) To protect and preserve the water-carrying characteristics and capacities of all water courses, including gulches, sloughs, and artificial water channels used for the conveyance of storm and flood water. §22.4B-2 Definitions (See S22.8) S22.4B-3 General Provisions (a) Description of District. The Flood Plain District covers that area of the City which is within the 100- year flood plain, which is defined by computing the 100-year flood plain limits under existing channel and flood plain con- ditions. (b) Jurisdiction. The jurisdiction of this Zone District includes all lands adjacent to any watercourse within the City of Englewood that would be innundated by the 100-year flood for that watercourse as defined in the Definitions Section of this Chapter. ict B0t1ndariee• ~he bottndariee of the Flood Plain Bietrict ehall be ae they appear on Honing Mape on file in the Planning BcpartmentT ~he bow1ttary linee on the map ehall be determined by the ttee of the scale appearing on the MapT Where there ie a conflict between the bottndary linee illttetrated on the Map and actttai field conditione 7 the diepttte ehail be eettled according to 22T3B-T7 AMapping Bispttteen of thie €hapter. (C) FLOOD PLAIN DISTRICT BOUNDARIES. THE BOUNDARIES OF THE FLOOD PLAIN DISTRICT SHALL BE IDENTICAL TO THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL INSURANCE AD- MINISTRATION ON THE FLOOD HAZARD BOUNDARY MA PS FOR THE CITY OF EN GLEWOOD, COLO RA DO, SHE ET S H-01 THROUGH H-04, AN D THE FLOOD I NSU RA NCE RA TE MAP S F OR THE C I TY OF ENGLE WOOD, COLORADO, I-01 T HROUGH I-04, DATED JUNE 24, 1977. THE FLOOD HAZARD BOUNDARY MA P S AN D FLOOD I NSURAN CE RA TE MAPS PREPARED BY THE FED E RAL IN- SURA NCE ADM INIS TRATI ON , ARE HERE BY DECLARED TO BE A PART OF THI S ORDI NANC E, AN D T HE OF FICIAL MAPS SHALL BE ON FILE IN THE OFF I CE OF T HE CITY CLERK, EN GLEWOOD CITY HALL, 3400 SOUTH ELAT I STREE T, ENGL EWOOD, COLORADO. ~dt i f the Federal insurance Adminietrator hae not provid ed wa ter surface elevation data and has not provided on t k e b as is e f avaiiabi e i n f e rffla tion 7 data stt££icient to identify t he £ioodway area along the watercottrse within the eity· and s u c h data ie not avaiiabie7 the following measttree shall apply~ -3- I • • (l • • • - ~it(d) Applications for Building Permits shall be re- viewed on a case-by-case basis by the Flood Plain Zoning Ad- ministrator to assure: ~at(l) That the building site will be reasonably safe from flooding. and (2) THAT ALL NECESSARY PERMITS HAVE BEEN OB- TAINED FROM THE FEDERAL, STATE OR LOCAL GOVERN- MENTAL AGENCIES FROM WHICH PRIOR APPROVAL IS REQUIRED. ~bt(3) That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be flood-proofed in accordance with the minimum flood-proofing criteria speci- fied in S22. 4B-7 (e) (1) • (e) Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in · favor of the governing body. (f) Warnin and Disclaimer The degree of flood protection 1.ntende to e provi e by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that the areas outside of the flood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Englewood or any officer or employee thereof for any flood damages that may res ~lt from reliance on this Cha~ter. (g) Effect of Flood Plain Regulations. The regula- tions set forth in this Chapter for the Flood Plain District, shall apply to those lands within the 100-year flood plain as mapped and designated on an THE official FLOOD HAZARD BOUNDARY MAP AND THE FLOOD INSURANCE RATE MAP. "sonin~ Map and shaii be void and 0£ no e££eet in area9 not so mapped and desi~nated~ The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lan~s by the underlying Zone cl assi fication. When the Flood Plain District and the underlying Zone District regulations conflict with one another, the most restrictive regulations shall control -4- • I • • n ( • • • - S22.4B-4 Special Provisions. The following regulations shall apply to all uses within the Flood Plain District, notwithstanding that such uses may be specifically permitted under the terms of this Chapter. (a) The flood protection elevation or height shall correspond to a point one foot (1') above the elevation or "Flood Profile" shown on or attiached to the Zoning Map. . (b) No structure, whether temporary or permanent; fill, including fill for roads and levees; deposit; obstruction; storage of materials; or other flood plain uses which acting alone or in combination with existing or future flood plain uses, shall be permitted that adversely affects the efficiency or the capacity of the floodway or increases flood heights or adversely affects the storage capacity of the flood plains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. (c) No flood plain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways or any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems, NOR SHALL ANY WATERCOURSE BE ALTERED OR RESTRICTED UNLESS THE FLOOD PLAIN ZONING ADMINISTRATOR IS ASSURED THAT THE FLOOD CARRYING CAPACITY OF THE WATERCOURSE SHALL BE MAINTAINED. (D) NO STRUCTURE SHALL BE PERMITTED IN THE FLOODWAY. S22.4B-5 Description of Uses. (a) Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent t ha t they are not prohibited in a particular area by any under- lying Zone District classificatibn: (1) Agricultural uses such as: general farming and the raising of plants, flowers and nursery stock; (2) Public and private recreational uses not requiring permanent or temporary structures designed for human habitation such as: Parks, swinuning areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails. -s- 0 I • • n • • • • (3) Utility facili t ies such as: flow a ge a~eas, transmission lines, pipelines, water monitoring devices, roadways, and bridges. (4) All uses allowed by the underlying Zone District classification within the Flood Plain District shall be permitted as long as the conditions set forth in Section 22.4B-6, Spe~ial Exception DEVELOPMENT Permits, are complied with. S22.4B-6 Special Bxception DEVELOPMENT Permits. Any use enumerated in this Section may be permitted only upon application to the Birector of Planning and the iss~ance of a Special Exception Permit by the eity Planning and· Boning €ol!IJllission FLOOD PLAIN ADMINISTRATOR as provided in S22.4B-7(d), Process to be Followed for Speeia~ Exception DEVELOPMENT Permits. (a) Structures Accessory to Open Uses. ·structures accessory to open uses permitted in Section 22.4B-S, Description of Uses, whether temporary or permanent, may be permitted only upon a determination by the eity Planning and Boning €ol!IJl\ission ADMINISTRATOR pursuant to a finding under the procedure required by Section 22.4B-7(d), Process to be Followed for Special Bxeep- tion DEVELOPMENT Permits, that: (1) Structures will not be designed for human habitation; (2) Structures will have a low flood damage potential; (3) The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood wa t er s; (a) Whenev er possible, structures will be con s tructed with the longitudinal axis p a ral l el to the di rection of flow of flood wate rs, and (b) So far as is practicable, structures will be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures. (4) Structures will be firmly anchored to prevent the structure or building from floating away and -6- I • • • • • thus threatening to further restrict bridge op~nings and other restricted sections of the stream or riveq and (5) Service facilities such as electrical equip- ment will be at or above the flood protection elevation for the particular area. (6) STRUCTURES WILL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. (b) Other Structures, Tern orar or Permanent to be Occupied by People. Other structures, whet er temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the ei~y Planning and Honing €01M1ieeion FLOOD PLAIN ADMINISTRATOR that: (1) Such structures shall comply with Section (a) (3), '(4), (5) AND (6) above. (2) The first floor or basement floor of any structure to be erected, constructed, reconstructed, or moved on or within the Flood Plain DISTRICT ae ehown on an o££ieiai Honing Map, shall be constructed at or above a point one (1) foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet be- yond the limits of any structure or building erected thereon. (3) No basement shall be permitted in any residential structure. (c) Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the €ity Planning and Sonin,g €offiffl ission ADMINISTRATOR that: (1) Any fill or deposition of materials will comply with Section 4, Special Provisions, and (2) The fill or deposition of materials will have some beneficial purpose and the amount there- of will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material .and the use to which the filled land will be put; (3) The fill or deposition of materials does -7- • I • • • • • - not encroach on that portion of the flood piain which would have significant and perceptible flow during the flood, and which for that reason would help convey the flood waters. Any additional filling reduces the hydraulic capacity and re- quires appropriate hydraulic studies and a review of the urban impact of such reduction. (4) The fill or other materials will be protected against erosion by rip-rap, strong vegetative cover or bulkheading. (d) The Storage or Processing of Materials. The storage or processing of materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, and shall be at or above the flood pro- tection elevation for the particular area or flood proofed in compliance with S22~4e-~~etiit S22.4B-B, FLOOD PROOFING, eon ditions Attached to Speeiai Bxeeptien Perfflits. Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of non-operable vehicles shall not be permitted. (e) MOBILE HOMES. (1) ALL NEW OR REPLACEMENT MOBILE HOMES PLACED WITHIN EXISTING OR NEW MOBILE HOME PARKS OR SUB- DIVISIONS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE ANCHORED TO RESIST FLOTATION, COLLAPSE, OR LATERAL MOVEMENT BY PROVIDING OVER-THE-TOP AND FRAME TIES AS FOLLOWS: (A) OVER-THE-TOP TIES SHALL _BE PROVIDED AT EACH OF THE FOUR CORNERS OF THE MOBILE HOME, WITH TWO ADDITIONAL TIES PER SIDE AT INTERMEDIATE LOCATIONS, WITH MOBILE HOMES LESS THAN 50 FEE T LONG REQUIRI NG ONE ADDITIONAL TIE PER SIDE; (B) FRAME TIES SHALL BE PROVIDED AT EACH CORNER OF THE MOBILE HOME WITH FIVE ADDITIONAL TIES PER SIDE AT INTERMEDIATE POINTS, WITH MOBILE HOMES LESS THAN 50 FEET LONG REQUIRING FOUR ADDITIONAL TIES PER SIDE; (C) ALL COMPONENTS OF THE ANCHORING SYSTEM S HALL BE CAPABLE OF CARRYING A FORCE OF 4,800 POUNDS; AND, (0) ANY ADDITIONS TO THE MOBILE HOME SHALL BE SIMILARLY ANCHORED. -8- • I • • ' \I \'( • • - (2) AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, ALL NEW MOBILE HOME PARKS AND MOBILE HOME SUB- DIVISIONS AND ALL EXISTING MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS WHICH ARE EXPANDED, OR IN WHICH PARKS OR SUBDIVISIONS THE REPAIR, RE- CONSTRUCTION OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COMMENCED, SHALL COMPLY WITH THE FOLLOWING: (A) STANDS OR LOTS SHALL BE ELEVATED ON COMPACTED FILL OR ON PILING SO THAT THE LOWEST FLOOR OF THE MOBILE HOME WILL BE AT OR ABOVE THE BASE FLOOD LEVEL; (B) ADEQUATE SURFACE DRAINAGE AND ACCESS FOR A HAULER SHALL BE PROVIDED; AND, (C) IN THE INSTANCE OF ELEVATION ON PILINGS: --LOTS SHALL BE LARGE ENOUGH TO PERMIT STEPS, --PILING tOUNDATIONS SHALL BE PLACED IN STABLE SOIL NO MORE THAN TEN FEET APART, AND --REINFORCEMENT SHALL BE PROVIDED FOR PILINGS MORE THAN SIX FEET ABOVE THE GROUND LEVEL. (3) NO MOBILE HOME SHALL BE PLACED IN A FLOODWAY. (4) NO MOBILE HOME SHALL BE MAINTAINED FOR TEMPORARY OR PERMANENT LIVING PURPOSES UPON ANY PRIVATE OR PUBLIC PROPERTY IN THE CITY OF ENGLEWOOD, COLORADO, UNLESS THE PROPERTY IS REGISTERED AS A MOBILE HOME PARJ<. (5) THE CITY SHALL ESTABLISH AN EVACUATION PLAN FOR MOBILE HOME PARKS AND FILE THE SAME WITH THE APPROPRIATE DISASTER PREPAREDNESS AUTHORITIES. (f) Similar Uses. Uses very similar in nature to permitted uses may be allowed by the eity Planning and Boning €olMli9sion FLOOD PLAIN ADMINISTRATOR, provided that they are consistent with the provisions of this Chapter. -9- • I • • '( ( • • • S22.4B-7 Administration. of BE of (a) Flood Plain Bening Administrator. The Director Piannin! COMMUNITY DEVELOPMENT or his assignee shall administer THE FLOOD PLAIN ADMINISTRATOR AND SHALL ENFORCE the provisions this Chapter. (b) Flood Plain Zoning Permit. A Flood Plain Zoning Permit must be obtained from the Flood Plain Bening Administrator before a Building Permit can be issued for any use subject to the provisions of this chapter AND BEFORE ANY WATERCOURSE CAN BE ALTERED OR RELOCATED. IN THE EVENT OF AN APPLICATION RE- QUESTING AN ALTERATION OR RELOCATION OF A WATERCOURSE, ALL AD- JACENT COMMUNITIES AND THE STATE COORDINATING OFFICE SHALL BE NOTIFIED PRIOR TO ANY ACTION. COPIES OF SAID NOTIFICATION SHALL BE SUBMITTED TO THE FLOOD INSURANCE ADMINISTRATION. (c) Mapping Disputes. The following procedure shall be used by ·the eity Planning end Bening €e1M1issien FLOOD PLAIN ADMINISTRATOR in deciding contested cases in which the location of a FLOOD PLAIN District boundary is disputed: (1) In all cases the person contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the €e1M1issien ADMINISTRATOR and to submit his own technical evidence if he so desires. The eelllfflissien ADMINISTRATOR shall not allow deviations from the boundary line as mapped unless the evidence clearly and con- clusively establishes that the mapped location of the line is incorrect. (d) Process to be Followed for Speeiei Exeeptien DEVELOPMENT Permits. (1) Applica tior:i For. Any us·e listed in this Chapter as requiring a Speeiei Bxeeptien DEVELOP- MENT Permi t ma y be allowe d only upon applicat i on to the Bireeter e£ Pienning and the issuance of a Speeiei Exeept i en DEVELOPMENT Permit by the eity Piennin! end Bening €effll!lissien FLOOD PLAIN ADMINISTRATOR. (2) Procedure for Passing on Speeiei Exeeptien DEVELOPMENT Permi ts. (a) Upon receiving an application for a Speeiei Exeeptien DEVELOPMENT Permit in- volving the use of fill, construction of structures, or storage of materials, the -10- I • • < • • • - eoJ11111ission ADMINISTRATOR shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area; or a plan · certified by a registered engineer competent in open chap nel hydraulics, which accurately loc!tes the flood plain proposal with ~espect to the District limits, channel of THE stream, existing flood plaip developments, to- gether with all pertinent information such as the nature .'of the proposal, legal description of the property; fill limi.ts and elevations; building floor elevations; and flood proofing measures. (2) If it· is deemed necessa~y by the eo111111ission thai they ADMINISTRATOR TO have the elevation of the effects of the proposal upon flood flows and flood plain storage in order to render a decision on the proposed flood plain use, the eo111111isaion ADMINISTRATOR may requir~ the applicant to furnish the following additional information: (a) A typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development and high water informa- tion. (b) Plan (surface view) showing elevation or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site: locati on and elevations of streets, water supply, sanitary facilities, and soil types and other pertinent information. (c) Profile showing the slope of the bottom of the channel or thalweg of the stream. -11- I • • (< (C • • - (d) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (3) Decision of €effll!lission ADMINISTRATOR to be based on Certain Factors. The determination of the €ollll'lliss~en ADMINISTRATOR on each Speeiai Bxeeptien DEVELOPMENT Permit shall be based on the effects of the proposed project with respect to the ob- jectives and purposes of this Chapter as stated in the Statement of Purpose, Section 22.4B-l(a) (1), (2), (3), and (4). (4) The €effllllission ADMINISTRATOR shall act on an application in the manner above described within 30 days from receiving the application. (e) Condi tioris Attal:hed to Speeial EKeep4'ieR DEVELOP- MENT Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the €ity Planning and Bening eollll'llission FLOOD PLAIN ADMINISTRATOR fflay SHALL attach such con- ditions, in addition to those required by the Speeiai DEVELOPMENT ~ Permit, as it deeffls IS necessary in fttrthering TO FURTHER the purposes of this Chapter. Such conditions may include specifi- cations for, without limitatibn because of specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureities, deed re- striction, and adequate flood proofing. §22.4B-8 Floodproofing. Speeiai exeeptione reqttiring fieod preof ing ffleasttres stteh as (a) WHERE FLOOD PROOFING IS DE EMED NECESSARY, SUCH MEASURES following, shall be. designed consistent with the flood protection elevation for the particular area as described in the Spe cial Provisions, Section ~4t, 22.4B-4; and flood velocities, f o r c es and other factors associated with the flood protection e l e v a tion. The eolllll'lission ADMINISTRATOR shall require that the app l icant submit a plan or document certified by a registered pro f e s sional engineer that the flood proofing measures are con- sistent with the flood protection elevation for the particular are a. (b) FLOOD PROOFING MEASURES SHALL INCLUDE THE FOLLOWING: ~at(l) Anchorage to resist flotation and -12- • I • • • • • lateral movement. ibt(2) Installation of watertight doors, bulkheads and shutters. iet(3) Reinforcement of walls to resist water pressures. idt(4) Use of water-proof paints, membranes or mortars to reduce seepage of water through walls. iet(S) Addition of mass or weight to struc- tures to resist flotation. i£t(6) Installation of pumps to lower water levels in structures. igt(7) Construction of NEW AND REPLACEMENT water supply and waste treatment systems to prevent the entrance of flood waters INTO THE SYSTEM AND TO PREVENT DISCHARGES FROM THE SYSTEM INTO FLOOD WATERS. iht(B) Pumpin9 facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. iit(9) Construction to resist rupture or collapse, caused by water pressure or floating debris. ijt(lO) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. ikt(ll) ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CO NTAMINATION FROM THEM DURING FLOODING. §22.4B-9 Ce rtificate of Compliance. (a) No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the flood plains of any water course, nor shall such buildings be occupied, until a Certificate of Compliance shall have been issued by the Bireeeor-0£-Pianning FLOOD PLAIN ADMINISTRATOR. (b) The applicant shall submit a certification by a registered professional engineer to the Bireeeor 0£ Planning -13- I • • (( --.·. • • • FLOOD PLAIN ADMINISTRATOR that the finished fill and building floor elevations, flood proofing measures, or other protection f actors were accomplished in complinace with the provisions of this Chapter. THIS CERTIFICATION SHALL ALSO STATE WHETHER OR NOT THE STRUCTURE CONTAINS A BASEMENT. Within ten days after receipt of such certification from the applicant, the Bireetor of Pianning ADMINISTRATOR shall issue a Certificate of Compliance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapter, AND SHALL MAINTAIN A PERMANENT RECORD THEREOF. S22.4B-10 Arnen~ments The boundaries of the Flood Plain District shall be subject to per i odic review ey ~he eity Pianning and Boning eoffl- mission and shall be amended in the manner provided by law, to conform with any revised, corrected or additional hydrological data available from Federal,. State · or regional agencies or from a consluting engineer retained by the City. S22.4B-ll Non-Conforming Uses. Existing Non-conformin g Use s i n the Flood Plain Dis- trict may be modified, altered, o r r ~pai red to incorporate floodproofing measures; but such Non -c onforming Uses shall not be expanded. iereated-by-8rd~-No~-3i,-6eries-of-i9~it S22.4B-12 SUBDIVISION PLATS. (a) ALL SUBDIVISION PROPOSALS SHALL BE DESIGNED TO MINIMIZE FLOOD DAMAGE; (b) ALL SUBDIVISION PROPOSALS SHALL HAVE PUBLIC UTILITIES AN D FA CIL ITIES SUC H AS S EWER, GAS, ELECTRICAL, AND WAT ER SYSTEMS LOCATED AND CONSTRUCTED TO MINIMIZE FLOOD DAMAGE; (c) ALL SUBDIVISION PRO POSALS SHALL HAVE ADEQUATE DRAIN AGE PROVIDED TO REDUCE EXPO SU RE TO FLOOD DAMAGE; AND, (d) BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FO R S UBDIV I SION P ROP OSALS AND OTHER PROPOSED DEVELOPMENT WHICH CONTAI N AT LEA ST 50 LOTS OR 5 ACRES WHICHEVER IS LESS. §22.4B-13 VARIANCE P ROC EDURE A. APPEAL BOARD (1) THE BOARD OF ADJUSTMENT AND APPEALS AS -14- • I • '( 1( • • • • ESTABLISHED BY THE CITY OF ENGLEWOOD, SHALL HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIREMENTS OF THIS ORDINANCE. (2) THE BOARD SHALL HEAR AND DECIDE APPEALS WHEN IT IS ALLEGED THERE IS AN ERROR IN ANY REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE FLOOD PLAIN ADMINISTRATOR IN THE ENFORCEMENT OR ADMINISTRATION OF THIS ORDINANCE. (3) THOSE AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS, OR ANY TAXPAYER, MAY APPEAL SUCH DECISION TO A COURT OF RECORD HAVING JURISDICTION THEREOF. (4) IN PASSING UPON SUCH APPLICATIONS, THE BOARD SHALL CONSIDER ALL TECHNICAL EVALUATIONS, ALL RELEVANT FACTORS, STANDARDS SPECIFIED IN OTHER SECTIONS OF THIS ORDINANCE, AND: (a) THE DANGER THAT MATERIALS MAY BE SWEPT ONTO OTHER LANDS TO THE INJURY OF OTHERS; (b) THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION D~GE; • (c) THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; (d) THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; (e) THE AVAILABILITY OF ALTERNATIVE LOCATIONS, FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODI~G OR EROSION DAMAGE; {f) THE COMPATIBILITY OF THE PROPOSED USE WITH EXISTING AND ANTICIPATED DEVELOPMENT; (g) THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE PLAN AND FLOOD PLAIN MANAGEMENT PROGRAM FOR THAT AREA; (h) THE SAFETY OF ACCESS TO THE PROPERTY IN TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; (1) THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPOR~ OF -15- • I • • ( • • - THE FLOOD WATERS AND THE EFFECTS OF WAVE ACTION, IF APPLICABLE, EXPECTED AT THE SITE; AND, (j) THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDI- TIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, AND STREETS AND BRIDGES. (5) VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE BASE FLOOD LEVEL, PROVIDING ITEMS (a-j) IN S22.4B-13(4) HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND THE ONE-HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. (6) UPON CONSIDERATION OF THE FACTORS OF S22.4B-13(4) AND THE PURPOSES OF THIS ORDINANCE, THE BOARD OF ADJUSTMENT AND APPEALS MAY ATTACH SUCH CONDITIONS TO THE GRANTING OF VARIANCES AS IT DEEMS NECESSARY TO FURTHER THE PURPOSES OF THIS ORDINANCE. (7) THE FLOOD -PLAIN ADMINISTRATOR SHALL MAINTAIN THE RECORDS OF ALL APPEAL ACTIONS AND REPORT ANY VARIANCES TO THE FEDERAL INSURANCE ADMINISTRATION UPON REQUEST. B, CONDITIONS FOR VARIANCES (1) VARIANCES MAY BE ISSUED FOR THE RECONSTRUCTION, REHABILITATION OR RESTORATI ON OF STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES OR THE STATE INVENTORY OF HISTORIC PLACES, WITHOUT REGARD TO THE PROCEDURES SET FORTH IN THE REMAINDER OF THIS SECTION. (2) VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIGNATED FLOODWAY. (3) VARIANCES SHALL ONLY BE ISSUED UPON A DETER- MINATION THAT THE VARIANCE IS THE MINIMUM NECESSARY, CONSID ERIN G THE FLOOD HAZARD, TO AFFORD RELIEF. (4) VARIANCES SHALL ONLY BE ISSUED UPON: -16- • I • • t Section 2. • • - (a) A SHOWING OF GOOD AND SUFFICIENT CAUSE; (b) A DETERMINATION THAT FAILURE TO GRANT THE VARIANCE WOULD RESULT IN EXCEPTIONAL HARDSHIP TO THE APPLICANT; AND (c) A DETERMINATION THAT THE GRANTING OF A VARIANCE WILL NOT RESULT IN INCREASED FLOOD HEIGHTS, ADDITIONAL THREATS TO PUBLIC SAFETY, EXTRAORDINARY PUBLIC EXPENSE, CREATE NUISANCES, CAUSE FRAUD ON OR VICTIMIZATION OF THE PUBLIC AS IDENTIFIED IN 522.4B-13(4), OR CONFLICT WITH EXISTING LOCAL LAWS OR ORDINANCES. (5) ANY APPLICANT TO WHOM A VARIANCE IS GRANTED TO BUILD THE LOWEST FLOOR ELEVATION BELOW THE BASE FLOOD ELEVATION SHALL BE GIVEN WRITTEN NOTICE THAT THE COST OF FLOOD INSURANCE WILL BE COMMENSURATE WITH THE INCREASED RISK RESULTING FROM THE REDUCED LOWEST FLOOR ELEVATION. That Chapter 22.B of the Comprehensive Zoning Ordinance (Ord. 126, Series of 1963, as amended) is hereby amended by adding new definitions as follows: S22.8 DEFINITIONS APPEAL: A REQUEST FOR A REVIEW OF THE BUILDING INSPECTOR'S OR THE FLOOD PLAIN ADMINISTRATOR'S INTERPRETATION OF ANY PRO- VISION OF THIS ORDINANCE OR A REQUEST FOR A VARIANCE THERETO. AREA OF SPECIAL FLOOD HAZ ARD: THE LAND IN THE FLOOD PLAIN WITHIN THE CITY OF ENGLEWOOD WHICH IS SUBJEeT TO A ONE PERCENT OR GREATER CHANCE OF FLOODING IN ANY GIVEN YEAR. BASE FLOOD: THE FLOOD HAVING A ONE PERCENT CHANCE OF BEING EQUALLED OR EXCEEDED IN ANY GIVEN YEAR. Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel. DEVELOPMENT: ANY MAN-MADE CHANGE TO IMPROVED OR UNIMPROVED -17- • I • • . (( ~( --·---- • • - REAL ESTATE, INCLUDING"BUT NOT LIMITED TO BUILDINGS OR OTHER STRUCTURES, MINING, DREDGING, FILLING, GRADING, PAVING, EXCAVATION OR DRILLING OPERATIONS LOCATED WITHIN THE AREA OF SPECIAL FLOOD HAZARD. Encroachment Lines: The limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (out- side) of the encroachment lines may be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining flood plains between these lines will be maintained as open space and will be adequate to convey the 100-year flood without adversely increasing one (1) foot. Equal Degree of Encroachment: The degree of encroachment established by considering the effect of encroachment on the hydraulic efficiency of the flood plain along a significant reach of the stream on both sides. EXISTING MOBILE HOME PARJS! A ~MOBILE HOME PARK EXISTING WITHIN THE CITY OF ENGLEWOOD ON THE EFFECTIVE DATE OF THIS ORDINANCE OR EXISTING ON THE DATE OF ANNEXATION WITHIN TERRITORY ANNEXED TO THE CITY OF ENGLEWOOD SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ORDINANCE • EXPANSION TO AN EXISTING MOBILE HOME PARK: THE PREPARATION OF ADDITIONAL MOBILE HOME SPACES OR THE CONSTRUCTION OF FACILITIES FOR SERVICING THE MOBILE HOME SPACE ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING THE INSTALLATION OF UTILITIES, FINAL SITE GRADING OR POURING OF CONCRETE PADS OR THE CONSTRUCTION OF STREETS. Flood: The water from a river, stream, watercourse, lake or other body of standing water that temporarily overflows or inundates adjacent lands and which may affect other lands and activities through stage elevation b a ckwa ter, and/or increase d ground water level. FLOOD INSURANCE RATE MAP (FIRM): THE OFFICIAL MAP ON WHICH THE FEDERAL INSURANCE ADMINISTRATION HAS DELINEATED BOTH THE AREAS OF SPECIAL FLOOD HAZARDS AND THE RISK PREMIUM ZONES APPLICABLE TO THE CITY OF ENGLEWOOD. FLOOD INSURANCE STUDY: THE OFFICIAL REPORT PROVIDED BY THE FEDERAL INSURANCE ADMINISTRATION THAT INCLUDES FLOOD PROFILES, THE FLOOD BOUNDARY-FLOODWAY MAP AND THE WATER SURFACE ELEVATION OF THE BASE FLOOD. Flood Plain: The relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other body of standing -18- • I • • { • • - water which has been or may be covered temporarily by flood water. For administrative purposes, the flood plain may be defined as the area that would be inundated by the "Standard Project Flood" (Corps of Engineers) or the "Maximum Probable Flood" (TVA). Flood Plain District: That portion of the flood plain subject to inundation by the 100-year flood. Its width is determined by the 100-year flood. Its length or reach is determined by natural bounds such as a lake, or by political or legal bounds. This equals the intermediate regional flood as defined by the Corps of Engineers. Flood Profile: A graph or longitudinal profile showing the relationship of the watersurface elevation of a flood event to location along a stream or river. ~loodproofing: Any combination of structural and non- ·structural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. Flood Protection Elevation: An elevation one (1) f oot above the elevation or "flood profile" of the 100-year flood under existing channel and flood plain conditions. It is one (1) foot above the elevation of the flood for the Flood Plain District as shown on the Flood Hazard Boundary Map/Flood Insurance Rate Map for Englewood, Colorado. Flood Stage: The height or elevation of a flood as referred to some datum. It is also commonly used to refer to the elevation at which a stream will overtop its normal stage banks. Floodway: That portion of the Flood Plain District re- qu i r e d for t he re a sona ble p as~a ge or conveyance of the 100- year flood. This is the are~ of significant depths and velocities and due consideration should be g i ven to effects of fill, loss of cross sectional flow area, and resulting increased water surface elevations. HABITABLE FLOOR: ANY FLOOR USABLE FOR LIVING PURPOSES, WHICH INCLUDES WORKING, SLEEPING, EATING, COOKING OR RECREATION, OR A COMBINATION THEREOF. A FLOOR USED ONLY FOR STORAGE PUR- POSES IS NOT A "HABITABLE FLOOR". MOBILE HOME: A DETACHED, SINGLE RESIDENTIAL DWELLING UNIT WHICH HAS ALL OF THE FOLLOWING CHARACTERISTICS: (A) IT IS DESIGNED FOR LONG-TERM OCCUPANCY AND CONTAINS -19- • I • • (( {B) (C) • • - A FLUSH TOILET, TUB OR SHOWER BATH, KITCHEN FACILITIES, AND SLEEPING ACCOMMODATIONS. IT IS DESIGNED TO BE TRANSPORTED AFTER FABRICATION ON ITS OWN WHEELS, ON A FLATBED OR OTHER TRAILER. IT ARRIVES AT THE SITE WHERE IT IS TO BE OCCUPIED AS A DWELLING COMPLETE, INCLUDING MAJOR APPLIANCES AND FURNITURE, AND READY FOR OCCUPANCY EXCEPT FOR MINOR AND INCIDENTAL UNPACKING AND ASSEMBLY OPERATIONS, LOCATION ON JACKS OR OTHER SUPPORTS, CONNECTION TO UTILITIES, AND THE LIKE. DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOME: A MOBILE HOME CONSISTING RESPECTIVELY OF TWO OR THREE SECTIONS COMBINED HORIZONTALLY AT THE SITE TO FORM A SINGLE DWELLING, WHILE STILL RETAINING THEIR INDIVIDUAL CHASSIS FOR POSSIBLE FUTURE MOVEMENT. EXPANDABLE MOBILE HOME: A MOBILE HOME WITH ONE OR MORE ROOM SECTIONS THAT FOLD, COLLAPSE, OR TELESCOPE INTO THE PRINCIPAL UNIT WHEN BEING TRANSPORTED AND WHICH CAN BE EXPANDED AT THE SITE TO PROVIDE ADDITIONAL LIVING AREA. MOBILE HOME PARK: A TRACT OF LAND EITHER IN SINGLE OWNER- SHIP OR DIVIDED INTO BLOCKS AND/OR LOTS WHICH MAY BE IN SEPARATE OWNERSHIP, WHICH HAS BEEN DEVELOPED WITH ALL NECESSARY FACILITIES AND SERVICES IN ACCORDANCE WITH A SITE DEVELOPMENT PLAN, MEETING ALL OF THE REQUIREMENTS OF THIS ORDINANCE AND WHICH IS INTENDED FOR THE EXPRESS PURPOSE OF PROVIDING A SATISFYING LIVING EN- VIRONMENT FOR MOBILE HOME RESIDENTS ON A LONG-TERM OCCUPANCY BASIS. MOBILE HOME SPACE: A PLOT OF GROUND WITHIN A MOBILE HOME PARK, DESIGNED FOR THE ACCOMMODATION OF ONE MOBILE HOME. NEW CONSTRUCTION: STRUCTURES FOR WhICH THE START OF CONSTRUCTION COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. NEW MOBILE HOME PARK: A MOBILE HOME PARK FOR WHICH THE CONSTRUCTION OF FACILITIES FOR THE MOBILE HOME SPACES OR FOR SERVICING THE MOBILE HOME SPACES, INCLUDING BUT NOT LIMITED TO, THE INSTALLATION OF UTILITIES, FINAL SITE GRADING, THE POURING OF CONCRETE PADS AND THE CONSTRUCTION OF STREETS IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. Reach: A hydraulic engineering ·term to describe longi- tudinal segments of a stream or river. A reach will generally include the segment of the flood plain where flood heights are -20- • I • • <( • • • - . primarily controlled by ma n-made or natural flood plain obst r uc- tions or restrictions. In an urban area, the segment of a stream or river between two consecutive bri'dge crossings would most likely be a reach. MOBILE HOME PARK -START OF CONSTRUCTION: THE DATE ON WHICH THE CONSTRUCTION OF FACILITIES FOR SERVICING THE SITES ON WHICH THE MOBILE HOMES ARE TO BE AFFIXED, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION OF STREETS, FINAL SITE GRADING, POURING OF CONCRETE PADS, AND INSTALLATION OF UTILITIES IS COMMENCED. Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Public Works. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock · will not be permitted. Stones shall have a minimum thickness of 3 inches and a minimum volume of one cubic foot and at least 50 percent by weight shall have a volume of two cubic feet or more. The riprap shall be placed to conform to the specifica- tions of the Director of Public Works. Storage Capacity of a Flood Plain: The volume of space above an area of flood plain land that can be occupied by flood water of a given stage at a given time, regardless of whether the water is moving. Structure: Anything constructed or erected which requires loca ~1on upon or under the ground or attached to something havi n g location upon or under the ground. Subs t a ntial i mproveme nt: Any repair, reconstruction, or i mprove menb of a p rope rty, the cost of which equals or exceeds 50 pe rcent o f the fai r marke t value of the property·either (a) b e fore the improvement is started or (b) if the property has bee n damaged and i s b e i n g r e stored, b e fore the damage occurred. S ubst antia l improvement i s started when the first alteration of a ny wal l, c eiling, floor, o r other structural part of the b uilding c ommen c e s. VARIA NCE: A GRANT OF RELIEF FROM THE REQUIREMENTS OF THIS ORDINANC E WH ICH WO ULD PERMIT THE USE OF LAND OR CONSTRUCTION ON THE LAN D IN A MANN ER THAT WOULD OTHERWISE BE PROHIBITED BY THI S ORDIN ANC E. WATERCOURSE: THE CHANNEL OF A STREAM OR A NATURAL OR MANMADE CHANNEL USED FOR THE CONVEYANCE OF WATER. -21- • I • • - (( • • • • FLOOD PLAIN ADMINISTRATOR: THE DIRECTOR OF COMMUNITY DE- VELOPMENT OR HIS ASSIGNEE SHALL BE THE FLOOD PLAIN ADMINISTRA- TOR, ALSO REFERRED TO AS THE ADMINISTRATOR. Section 3. The City Council hereby finds and determines that provisions of this Ordinance must become effective on February l, .1978 in order to continue the benefits accruing to those indivi- duals who have purchased flood insurance pursuant to the Federal program previously instituted, and therefore finds that an emergency exists and declares that this Ordinance shall be in full force and effect upon publication following final passage. Introduced, read in full and passed on First Reading on the 3rdday of January, 1978. Published as a Bill for an Ordinance on the ~day of January, 1978. ATTEST& ~~-x officlocierk-Treasurer , I, William D. James do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the ~day of Ja'nuary, 1978. -22- • I • •