CO - Aurora: REGULAR MEETING OF THE AURORA CITY COUNCIL

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REGULAR MEETING OF THE AURORA CITY COUNCIL

NOTE: The City Council has a responsibility to advise its citizens of its meetings and the topics it proposes to discuss. The following agenda shows

the proposed format for tonight's set of meetings. Council will consider the business listed on the agendas below at the times indicated. In the event that a City Council meeting is cancelled, items from this agenda may be postponed to the next City Council meeting or a future City Council meeting. You may contact the City Clerk s Office for further details or visit our web site at www.auroragov.org.
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AGENDA City of Aurora, Colorado MONDAY, April 16, 2018

CITY COUNCIL SPECIAL STUDY SESSION

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(Open to the Public) 5th Floor Mt. Elbert Room

4:30 p.m.

CALL TO ORDER: Mayor Stephen D. Hogan

ROLL CALL: Linda Blackston, City Clerk

ANNOUNCEMENT OF PROPOSED EXECUTIVE SESSION TOPICS: Linda Blackston, City Clerk for Mayor Stephen D. Hogan

(Matters subject to consideration in Executive Session per Section 24-6-402(4) C.R.S.)

CONSIDERATION TO RECESS FOR EXECUTIVE SESSION:

EXECUTIVE SESSION (Closed to the Public)

5th Floor Mt. Elbert Room 4:30 p.m. 5:30 p.m.

SPECIAL STUDY SESSION OF THE AURORA CITY COUNCIL

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(Open to the Public) 5:30 p.m.

Full agendas available in the City Clerk's Office or at www.auroragov.org.

CITY OF AURORA ACCESSIBILITY STATEMENT: The Aurora Municipal Center is wheelchair accessible with entry ramps and handicapped parking located on the

west and east side of the building and on all levels of the parking garage. Ramp access from the parking garage is located on the Ground Floor and the 4th level of the garage. Disabled individuals requiring other assistance must make their request known by NOON, the FRIDAY PRECEDING the Monday meetings by contacting the City Clerk s Office at 303- 739-7094.
Tagged Passions:disability and parking

April 16, 2018 Special Study Session, Page 1

AGENDA

City Council Executive Session (5th Floor Mt. Elbert Room - Closed to the Public)

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Monday, April 16, 2018 4:30 p.m.

1. Negotiations concerning Development Incentive J. Batchelor 20 min.

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2. Legal Advice concerning Litigation M. Hyman 30 min.

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Note: Matters subject to consideration in Executive Session may include the following:

a. Property Transactions, to wit: The purchase, acquisition, lease, transfer, or sale of any

Tagged Passions:leasing, property, purchasing, and sale

real, personal, or other property interest; except for the purpose of concealing the fact

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that a member of the [City Council] has a personal interest in such purchase, acquisition, lease, transfer, or sale. C.R.S. 24-6-402(4)(a).

Tagged Passions:leasing, purchasing, council, and sale

b. Legal Advice, to wit: Conferences with an attorney for the [City Council] for the purposes

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of receiving legal advice on specific legal questions. C.R.S. 24-6-402(4)(b).

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c. Confidential Matters, to wit: Matters required to be kept confidential by a federal or state

law, rule, or regulation. The specific statute or rule or regulation that is the basis for such confidentiality must be cited prior to the executive

session. C.R.S. 24-6- 402(4)(c).
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d. Security Issues, to wit: Specialized details of security arrangements or investigations.

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C.R.S. 24-6-402(d).

e. Negotiations, to wit: Determining positions relative to matters that may be subject to

negotiations; developing strategy for negotiations; and instructing negotiators. C.R.S. 24-6-402(e).

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f. Personnel Matters (except if the employee who is the subject of the session has

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requested an open meeting, or, if the personnel matter involves more than one employee, all of the employees have requested an open meeting). C.R.S.

24-6- 402(4)(f).
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g. Confidential Documents, to wit: Consideration of any documents protected by the

mandatory nondisclosure provisions of the Open Records Act. C.R.S. 24-6-402(4)(g).

***************************************************************************************************

As the Mayor (or Mayor Pro Tem) of the City of Aurora, Colorado, and the Chair of this Regular Meeting of the Aurora City Council, I hereby certify

that the discussion which took place in this executive session was limited to the topic or topics that are set forth hereinabove.
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_____________________________ ________________________ Marsha Berzins, Mayor Pro-Tem Date

As the City Attorney (or Deputy City Attorney) of the City of Aurora I was in attendance at this executive session, and it is my opinion that those

portions of the discussion which were not recorded, if any, constitute privileged attorney-client communications under applicable law.
Tagged Passions:legal, Communications, and communications

_____________________________ ________________________ City Attorney Date

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April 16, 2018 Special Study Session, Page 2

AGENDA

City Council Special Study Session Monday, April 16, 2018

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5:30 p.m.

1. SB 18-087 In-State Tuition for Foreign Nationals Settled in Colorado Council Member

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Johnston (10 min)

2. Original Aurora Zoning Update S. Wieder (20/25 min)

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3. Licensing Ordinance to Combat Human Trafficking T. Vaughn (20/25 min)

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4. Miscellaneous

5. Adjourn

April 16, 2018 Special Study Session, Page 3

Special Study Session Item 1

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April 16, 2018 Special Study Session, Page 5

April 16, 2018 Special Study Session, Page 6

April 16, 2018 Special Study Session, Page 7

April 16, 2018 Special Study Session, Page 8

Second Regular Session Seventy-first General Assembly

STATE OF COLORADO REREVISED

This Version Includes All Amendments Adopted in the Second House

LLS NO. 18-0819.01 Conrad Imel x2313 SENATE BILL 18-087

Senate Committees House Committees State, Veterans, Military Affairs Education

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A BILL FOR AN ACT CONCERNING IN-STATE TUITION AT INSTITUTIONS OF HIGHER101

EDUCATION FOR CERTAIN FOREIGN NATIONALS LEGALLY102 SETTLED IN COLORADO.103

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Bill Summary (Note: This summary applies to this bill as introduced and does

not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that

applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education.

The bill grants eligibility for in-state tuition status to refugees and special immigrants admitted to the United States pursuant to federal law who have settled in Colorado.
Tagged Passions:education, Immigration, and grant

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SENATE SPONSORSHIP Fenberg, Aguilar, Court, Fields, Guzman, Jones, Kagan, Kefalas, Kerr, Merrifield, Moreno, Todd, Williams A.

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HOUSE SPONSORSHIP Michaelson Jenet and Winter,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold italic numbers indicate new material to be

added to existing statute.

Dashes through the words indicate deletions from existing statute. April 16, 2018 Special Study Session, Page 9

Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. The general assembly2

hereby finds and declares that:3 (1) Countless people have been displaced as a result of ongoing4

wars in Afghanistan and Iraq, including those who stepped forward to5 support the United States military and United States government6 operations in

conjunction with those wars, and who subsequently7 experienced persecution as a result of their service to the United States;8
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(2) Certain Afghan and Iraqi nationals have been granted special9 immigrant status in the United States under congressional authorization,10 and many

of these individuals have made Colorado their home;11
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(3) The global refugee crisis has forced historic numbers of12 individuals and families who have experienced persecution to flee their13 homes to

seek safety elsewhere;14
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(4) Refugees approved for resettlement by the United States15 government have been rigorously vetted and lawfully admitted to the16 United States

under the federal Refugee Act of 1980 , and many17 thousands of refugees have made Colorado their home;18

(5) After escaping war and persecution, and fleeing their homes19 to live in peace and improve their lives, special immigrants and refugees20 seek to

integrate in the United States and contribute to the communities21 that welcome them;22
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(6) Special immigrants and refugees make vital contributions to23 Colorado's economy, supplying a reliable, diverse, and motivated24 workforce that

is needed to ensure our state's continued economic25 vibrancy;26
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087-2- April 16, 2018 Special Study Session, Page 10

(7) Education opens doors to economic opportunity and increases1 the contributions people are able to make to their communities;2

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(8) Special immigrants and refugees who wish to advance their3 skills and careers encounter prohibitive costs when they pursue higher4 education;

and5
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(9) Access to in-state tuition at institutions of higher education6 will put opportunities in reach that would otherwise be inaccessible for7 special

immigrants and refugees.8
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SECTION 2. In Colorado Revised Statutes, 23-7-103, amend9 (2)(o) as follows:10

23-7-103. Presumptions and rules for determination of status11 - definition. (2) To aid the institutions in deciding whether a student, a12 parent or

guardian of the student, or the person who provides substantial13 support to the student is domiciled in Colorado, the following rules shall14 be applied:15

(o) (I) A foreign national, notwithstanding an intention to return16 to his or her country of origin or ineligibility to establish domicile in the17

United States pursuant to federal law, shall be IS eligible for classification18 as an in-state student subject to all other provisions of this section if the19 primary purpose of the foreign national's residence in Colorado, pursuant20 to federal immigration regulations, is other than for his or her education21 or for the education of a family member. The Colorado commission on22 higher education shall designate those nonimmigrant classifications under23 which such foreign nationals may qualify as in-state students. In no event24 shall said designation displace students who would otherwise qualify as25 Colorado residents for in-state tuition classification purposes.26
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(II) A FOREIGN NATIONAL ADMITTED TO THE UNITED STATES AS27

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A REFUGEE PURSUANT TO 8 U.S.C. SEC. 1157 OR WHO WAS ADMITTED TO1 THE UNITED STATES AS A SPECIAL IMMIGRANT PURSUANT TO PUB.L.2 110-181, SEC. 1244, AS

AMENDED; PUB.L. 109-163, SEC. 1059, AS3 AMENDED; OR PUB.L. 111-8, DIVISION F, TITLE VI, SEC. 602, AS4 AMENDED, WHO SETTLED IN COLORADO UPON ENTERING THE UNITED5 STATES IS ELIGIBLE FOR CLASSIFICATION AS AN IN-STATE STUDENT6 IMMEDIATELY UPON SETTLEMENT IN COLORADO.7
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(III) FOR THE PURPOSE OF THIS SUBSECTION (2)(o), SETTLE 8 MEANS A SPECIAL IMMIGRANT OR REFUGEE WHO, UPON ENTERING THE9 UNITED STATES, HAS MADE HIS OR

HER HOME IN COLORADO AND10 PRESENTLY INTENDS TO RESIDE PERMANENTLY IN THE STATE.11
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SECTION 3. Act subject to petition - effective date. This act12 takes effect at 12:01 a.m. on the day following the expiration of the13 ninety-day

period after final adjournment of the general assembly (August14 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a15 referendum petition is filed pursuant to section 1 (3) of article V of the16 state constitution against this act or an item, section, or part of this act17 within such period, then the act, item, section, or part will not take effect18 unless approved by the people at the general election to be held in19 November 2018 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21
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087-4- April 16, 2018 Special Study Session, Page 12

City of Aurora

Item : SSS: 1st:

2nd:

2 4/16/18

Council Agenda Commentary

Item Title:

Original Aurora Zoning Update

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Item Initiator: Wieder, Sarah - Planner - Planning Development Service

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Staff Source: Wieder, Sarah - Planner - Planning Development Service

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City Manager/Deputy City Manager Signature: Jason Batchelor

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Outside Speaker:

Council Goal: 2012: 5.0--Be a great place to locate, expand and operate a business and provide for well-planned growth and development

Tagged Passions:council, development, Development, growth, and business

ACTIONS(S) PROPOSED (Check all appropriate actions)

Approve Item as proposed at Study Session Approve Item with Waiver of Reconsideration

Approve Item and Move Forward to Regular Meeting

Approve Item as proposed at Regular Meeting

Information Only

PREVIOUS ACTIONS OR REVIEWS:

Policy

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Committee Name: Planning and Economic Development Policy Committee

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Meeting Date: 09/13/2017 Minutes Attached Minutes Not Available

Actions Taken: Recommends

Do Not Recommend Forwarded without Recommendation

Recommendation Report Attached

HISTORY (Dates reviewed by City council, Policy Committees, Boards and Commissions, or Staff. Summarize pertinent comments. ATTACH MINUTES OF COUNCIL

MEETINGS, POLICY COMMITTEES AND BOARDS AND COMMISSIONS.)
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Original Aurora, the most diverse and historic area in the city, is known for its traditional grid pattern

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of streets and sidewalks, proximity to key employment centers, unique cultural arts district and varied

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architectural styles. In 2011 and 2012, extensive community planning efforts took place with

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residents to identify a shared vision for Original Aurora and determine the steps necessary to achieve

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this vision. Feedback from community members included introducing a wider variety of housing

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options, promoting mixed-use development in appropriate areas, establishing a diversity of businesses

Tagged Passions:commercial, development, diversity, Development, and business

and reviewing inconsistent zoning patterns.

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From these community visioning efforts, the concept for Stanley Marketplace was developed and other

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key initiatives were identified for Original Aurora, such as improving Moorhead Recreation Center,

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creating a Stormwater Master Plan to address drainage issues, adding more public art, continuing the

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Commercial Storefront Renovation and Restaurant Incentive programs to help small businesses and

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April 16, 2018 Special Study Session, Page 13

adding more lighting to improve safety. In order to address the zoning aspect of this feedback from

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community stakeholders, staff initiated a process in April 2017 to create zoning districts unique to

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Original Aurora in order to help implement the community s overall vision and shape future development in the area. The Original Aurora Zoning Update

is a pilot project ahead of the overall
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citywide Zoning Code Update, which will allow the city to monitor the success of the new districts and

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regulations and make any necessary adjustments with the adoption of the new citywide Zoning Code.

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ITEM SUMMARY (Brief description of item, discussion, key points, recommendations, etc.) Staff presented an overview of the Original Aurora Zoning

Update to the PED Committee in April 2017
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and at a City Council Study Session in May 2017. An extensive public outreach effort took place in

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June - August 2017 to help guide the future zoning in Original Aurora. A series of three community

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workshops were held at Martin Luther King, Jr. Library. Over 240 members of the community

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participated in these three workshops. A special Immigrant and Refugee Workshop was also held.

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At each workshop, attendees provided specific feedback on topics related to the zoning update such as

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zoning district boundaries, building architecture and permitted uses. The input received resulted in

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adjustments to the proposed zoning map, changes in permitted uses and more stringent design

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standards. A Steering Committee made up of 17 individuals with diverse backgrounds and interests

oversaw this public outreach process. The community workshop presentations and the results of the

community input are available on the website for the project: www.AuroraGov.org/OAPlan. Staff

presented an overview of the community workshops to the PED Committee in September 2017 and the

Committee directed staff to present at a Study Session.

Staff has been working on drafting development standards and refining the proposed zoning map for

Tagged Passions:development, Development, and zoning

Original Aurora since the community workshops took place. With over twenty different zoning

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districts in Original Aurora that have varying standards and uses, the current zoning is complex and

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inconsistent. The draft zoning code features a total of five zoning districts that are unique to Original

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Aurora. The code outlines permitted uses, development standards, building design standards, parking,

Tagged Passions:development, parking, and Development

supplemental use standards, process and special definitions. A draft of the Original Aurora Zoning

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Code, as well as the proposed zoning map, were posted for public comment on March 16 and will be

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available for public comment until April 20. The code was also presented to the Steering Committee

on April 5. This will be adopted as a new division within Article 7. Mixed-Use and Special Districts of the existing Zoning Code and will then be

transferred into the Unified Development Ordinance that
Tagged Passions:commercial, ordinance, development, UDO, Development, and zoning

will be adopted later in 2018. A Planning and Zoning Commission public hearing is tentatively

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scheduled for May 9 and a City Council public hearing is tentatively scheduled for June 4 in order to

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formally adopt the new zoning map and code for Original Aurora.

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QUESTIONS FOR COUNCIL

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Does City Council want staff to proceed with the formal implementation process for updating the

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zoning in Original Aurora?

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LEGAL COMMENTS

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The City Manager shall be responsible to the Council for the proper administration of all affairs of the

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City placed in his charge and, to that end, shall have the power and duty to make written or verbal

reports at any time concerning the affairs of the City under his supervision upon request of the

Council. City Charter Sec. 7-4(e).

Tagged Passions:council and Tony Taylor Custom

Local governments are granted broad authority to plan and regulate the use of land within their

Tagged Passions:grant

jurisdiction.

C.R.S. Sec. 29-20-102(a).

Except as otherwise provided in section 34-1-305, C.R.S., for the purpose of promoting health, safety,

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morals, or the general welfare of the community, including energy conservation and the promotion of

Tagged Passions:energy and Conservation

April 16, 2018 Special Study Session, Page 14

solar energy utilization, the governing body of each municipality is empowered to regulate and restrict

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the height, number of stories, and size of buildings and other structures, the percentage of lot that

may be occupied, the size of yards, courts, and other open spaces, the density of population, the

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height and location of trees and other vegetation, and the location and use of buildings, structures,

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and land for trade, industry, residence, or other purposes.

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C.R.S. Sec. 31-23-301. (Money)

Jack Bajorek

PUBLIC FINANCIAL IMPACT (If Yes, EXPLAIN)

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Yes No

No

PRIVATE FISCAL IMPACT (If Significant or Nominal, EXPLAIN)

Not Applicable

Significant Nominal

N/A

EXHIBITS ATTACHED:

EXHIBIT A - EXISTING ZONING MAP.pdf

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EXHIBIT B - PROPOSED ZONING MAP.pdf

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EXHIBIT C - DRAFT ORIGINAL AURORA ZONING CODE.pdf

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April 16, 2018 Special Study Session, Page 15

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