Chapter 17.12
PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS
Sections:
17.12.010 District characteristics.
17.12.020 Purpose of districts.
17.12.040 Regional Retail and Commercial Planned Unit Development District use regulations.
17.12.050 Permitted uses—Urban Neighborhood Planned Unit Development District.
17.12.060 Additional requirements within the special issues overlay district.
17.12.010 District characteristics.
There are two (2) Planned Unit Development Districts in Glendale: The Regional Retail and Commercial District and the Urban Neighborhood District. A mixture of uses that the city wishes to continue to promote characterizes both districts. The Regional Retail and Commercial District is a primarily retail/commercial district served by major arterial streets. This district is also the major employment base for the city. The Urban Neighborhood District is dominated by residential land uses combined with neighborhood commercial uses, parks, public and quasi-public uses. Located within the Regional Retail and Commercial District are two (2) overlay districts: the entertainment overlay district and the resellers overlay district. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.12.020 Purpose of districts.
The two (2) Planned Unit Development Districts, and their overlay districts, are intended to ensure that the city develops as an urban village with the appropriate balance of residential, retail commercial, eating and entertainment, office and civic uses. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.12.030 Listing of uses.
A. Permitted Listed Uses. No use shall be allowed in any zoning district unless it is specifically enumerated as an allowed principal use or accessory use in the particular zoning district. Designations in lists of uses shall be determined as follows. Permitted principal uses are uses by right and are permitted anywhere within the zoning districts indicated. Permitted principal uses require a site development plan and building permit approval. Uses indicated as accessory uses are permitted only if they meet specific criteria contained in this code and can demonstrate that they are clearly accessory to the principal use. A special review use may be allowed in the district indicated if it can be demonstrated that the location and the site proposed for the use is appropriate, facilitates the use in a manner which supports the purposes of the zoning district and is compatible with adjacent properties and uses. Special review uses require the issuance of a special use permit after public hearings have taken place before Planning Commission and City Council.
B. Uses Not Listed. Uses not listed as permitted principal or permitted accessory uses. The Zoning Administrator will determine if a principal use or permitted use not listed in Section 17.12.040 is similar in character and impact to those listed. If it is determined by the Zoning Administrator to be a substantially different use, then it will be considered a special review use. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.12.040 Regional Retail and Commercial Planned Unit Development District use regulations.
The following uses are permitted in the Planned Unit Development Regional Retail and Commercial District and subject to all of the requirements of this title:
A. Permitted Principal Uses. The following principal uses are permitted by right, except special review is required if the floor area associated with any one (1) principal permitted use will be greater than seventy-five percent (75%) of the gross floor area of the structures on the lot:
1. Commercial activities including businesses that offer goods for sale and offices that provide services to residents of the city as well as residents of the region.
2. Office uses aimed at providing areas for intensive employment, including professional, financial, insurance, personal services, research and development facilities and other office uses deemed to be of similar impact by the Zoning Administrator.
3. Public or private recreation, cultural and educational facilities.
4. Well-maintained and landscaped open space or parks.
5. Commercial accommodations including hotels and other lodging facilities only if located above ground floor nonresidential uses. At least sixty percent (60%) of ground floor uses shall be retail, office, commercial or other services that serve the citizens of Glendale as well as the region. Examples include third places, professional services, and restaurants.
6. Other retail or wholesale sales or service uses which are similar in character to those enumerated in this section and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof or to the public welfare and will not impair the use, enjoyment or value of any property as determined by the Council.
B. Permitted Accessory Uses. By definition of “accessory use,” stated in Section 17.60.030, the accessory uses listed below, except for parking, as a cumulative amount must use less than thirty-three percent (33%) of the gross floor area of the structures on the lot.
1. Residential dwelling units with a density less than one (1) unit per acre or one (1) unit per lot, whichever is greater, so long as they also meet the definition of an accessory use.
2. Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.
3. Storage of materials accessory to any of the permitted uses for this district, provided all such storage is located within a structure.
4. Parking as an accessory use to permitted principal uses.
5. Outdoor dining areas located on the ground level and operated in conjunction with permitted eating and drinking establishments.
6. Satellite earth station (subject to Chapter 17.27).
C. Special Review Uses. All special review uses shall be subject to review as set forth in Chapter 17.35.
1. Outdoor dining facilities that are above ground level may be permitted if they are adequately screened from adjacent uses by providing a four (4) foot wall and have provided adequate mechanisms to ensure that noise, light and odor emitted from the site is not heard on adjacent land parcels under a different ownership as defined in Chapter 8.24 of the Glendale Municipal Code.
2. Utility infrastructure may be permitted if it is needed to serve the area in which it is located, and no nonresidential location exists, and is designed so as to be nonobtrusive and blend in with the surrounding area through the use of landscape materials, berms and fencing.
3. Theaters, meeting rooms and convention centers.
4. Hospitals and clinic facilities.
5. Wholesale establishments.
6. Distribution centers; provided, that sixty percent (60%) of the use is dedicated to a retail use and the proposed use can demonstrate that it will not create traffic hazards, noise, dust, noxious fumes, odors, smoke, vapor, vibration or industrial waste disposal problems.
7. Any light industrial use provided there is no outdoor storage, and the proposed use can demonstrate that it will not create traffic hazards, noise, dust, noxious fumes, odors, smoke, vapor, vibration or industrial waste disposal problems and if the characteristics and appearance does not have undesirable impacts on surrounding uses.
8. Churches may be permitted if the traffic impacts can be mitigated and if adequate parking arrangements are made either on site or on an adjacent site.
9. Sexually oriented businesses which adhere to the following locational requirements:
a. It is unlawful to locate or operate a sexually oriented business within any area of the city other than the eating and entertainment overlay district of the Regional Retail and Commercial District as defined in the zoning district map for the city.
b. It is unlawful to locate or operate a sexually oriented business within three hundred (300) feet of any church, or a school as defined in Title 12, Article 47 of the Colorado Revised Statutes, or another sexually oriented business. The distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each use.
10. Pawnshops which adhere to the following locational requirements:
a. It is unlawful to locate or operate a pawnshop within any area of the city other than the resellers overlay district of the Regional Retail and Commercial District as defined in the zoning district map for the city.
b. It is unlawful to locate or operate a pawnshop within three hundred (300) feet of:
i. Any church;
ii. Any school as defined in C.R.S. Section 1247-103(32);
iii. Any other pawnshop.
c. The distance provided for in subsection (C)(10)(b) of this section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each use.
11. Marijuana centers which adhere to the following locational requirements:
a. It is unlawful to locate, establish, or operate a marijuana center within one thousand (1,000) feet of:
i. Licensed daycare facility;
ii. Any school as defined in C.R.S Section 12-47-103(32);
iii. Any other marijuana center;
iv. The following parks and greenways: Cherry Creek Greenway, Mir Park, Infinity Park, Infinity Park South, Playa del Carmen Park, and Creekside Park.
b. The distance provided for in subsection (C)(11)(a) of this section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each use.
c. Existing marijuana centers that are in existence or whose site plan and/or special use permit application are received prior to November 20, 2016, are able to continue their use so long as they otherwise remain lawful.
d. The following other marijuana uses are prohibited in the city unless collocated with a marijuana center:
i. Marijuana product manufacturing facility.
ii. Marijuana consumption establishment.
iii. Marijuana cultivation facilities.
D. Eating and Entertainment Overlay District Requirements. It is the purpose of this overlay district to set additional requirements on the uses located within this district. All developments must have sixty percent (60%) or greater of the gross floor area of the structures on the lot associated with the following uses:
1. Dining and drinking establishments with or without live entertainment;
2. Theaters;
3. Specialty retail, when each separate store is less than five thousand (5,000) square feet;
4. Sexually oriented businesses provided the development is in compliance with the requirements of subsection (C)(9) of this section and special review.
E. Resellers Overlay District Requirements. It is the purpose of this overlay district to allow the use of pawnshops provided the locational requirements of subsection (C)(10) of this section and the following restrictions and requirements are complied with:
1. Any pawnshop cannot exceed three thousand (3,000) square feet in gross floor area.
2. Special review is required for new structures, expansion of existing structures, or a change of use of any floor area that is not at the effective date of this code a lawful retail commercial use.
3. Special review is not required for pawnshops that meet all other requirements of this title and when the use will be located within an existing structure’s floor area that is, at the effective date of the ordinance codified in this title, lawfully used for retail commercial. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2001-10 § 1; Ord. 1997-13 § 1 (part))
17.12.050 Permitted uses—Urban Neighborhood Planned Unit Development District.
A. Permitted Principal Uses. The following principal uses are permitted by right, except special review is required if the floor area associated with any one principal permitted use will be greater than seventy-five percent (75%) of the gross floor area of the structures on the lot:
1. Residential dwellings.
2. Professional offices, business offices, and studios.
3. Retail stores and commercial establishments of less than five thousand (5,000) square feet.
4. Personal/consumer services such as: barber shops, beauty shops, business and office services, laundromats, printing shops, shoe repair shops, and travel and ticket agencies of less than one thousand (1,000) square feet.
5. Public or private recreation; cultural and educational facilities.
6. Well-maintained and landscaped open space or parks.
7. Churches if the traffic impacts can be mitigated and if adequate parking arrangements are made either on site or on an adjacent site.
B. Permitted Accessory Uses. By definition of “accessory use,” stated in Section 17.60.030, the accessory uses listed below, except for parking, as a cumulative amount must use less than thirty-three percent (33%) of the gross floor area of the structures on the lot.
1. Home-based businesses which occupy less than thirty-five percent (35%) of the principal building and which have no exterior indication of nonresidential activity except for parking or signage as allowed in Chapters 17.20 and 17.28. The home occupation shall not involve the use of any yard space or activity outside of the building that is not normally associated with residential use. The business owner or operator must reside and maintain primary residency within the principal dwelling unit. The home-based business shall have no separate entrance from the outside of the building. The operation shall have no employees or regular assistants who do not use the dwelling unit as their principal residence. Home-based businesses shall only receive delivery of supplies between the hours of 8:00 a.m. to 6:00 p.m.
2. Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot or on an adjacent lot.
3. Parking facilities.
4. Storage of materials accessory to any of the uses listed in permitted uses, provided all such storage is located within a structure.
C. Special Review Uses.
1. An owner-occupied or nonprofit group home for the aged as these terms are defined by C.R.S. Section 31-23-303 may be permitted if it serves no more than eight (8) persons, is not located within seven hundred fifty (750) feet of another such group home, and the owner or operator resides and maintains primary residency within the group home. Where nine (9) or more persons are to occupy a group home such group home shall be permitted only upon approval of special use permit in accordance with Section 17.35.020.
2. Utility infrastructure may be permitted if it is needed to serve the area in which it is located, and no nonresidential location exists, and is designed so as to be nonobtrusive and blend in with the surrounding area.
3. Outdoor dining areas located on the ground floor when operated in conjunction with permitted eating and drinking establishments. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.12.060 Additional requirements within the special issues overlay district.
A. Certain solvents and other hazardous materials, which have originated from the Colorado Department of Transportation Materials Testing Laboratory located at 4201 East Arkansas Avenue, Denver, Colorado, and have come to be in the groundwater, including related air emissions, are hereinafter known as the “plume.”
B. No building permit or excavation permit for excavation or construction exceeding four (4) feet in depth shall be issued for construction or excavation within the special issues overlay district until the applicant has acknowledged that it understands the exact nature of the environmental conditions in said district and agrees in writing to hold the city harmless against claims arising out of the effects of the plume within the project area. Applicants shall be given written notice of the extent of the special issues overlay district and of the requirements of this section.
C. All development within the special overlay district, which development requires site development plan approval under Chapter 17.32, shall, as a condition of approval, submit an environmental impact statement and plan for remediation of any impacts on the proposed development posed by the plume, in form and content acceptable to the Zoning Administrator. (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1998-24 § 2)