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Home My WebLink About2021 Ordinance No. 014 Page 1 of 4 BY AUTHORITY ORDINANCE NO. 14 COUNCIL BILL NO. 12 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AUTHORIZING THE VACATION OF THE SOUTHERN 100 FEET OF THE ALLEY LOCATED BETWEEN SOUTH MARION STREET AND SOUTH LAFAYETTE STREET NORTH OF EAST HAMPDEN AVENUE TO ALPINE ENGLEWOOD OPPORTUNITY BUSINESS, LLC BY THE CITY OF ENGLEWOOD AND DEDICATION OF A 25 FOOT WIDE TRANSPORTATION/UTILITY EASEMENT LOCATED IN LOT 21 BLOCK 5 IN THE EVANSTON BROADWAY ADDITION SUBDIVISION FROM ALPINE ENGLEWOOD OPPORTUNITY BUSINESS, LLC TO THE CITY OF ENGLEWOOD WHEREAS, Alpine Englewood Opportunity Business, LLC has requested that approximately 1,600 square feet of alley right-of-way located between South Marion Street and South Lafayette Street just North of East Hampden Avenue be vacated for construction of a 118-unit apartment building with structured parking as set forth on the legal description and drawing identified as Exhibit A, attached hereto; WHEREAS, in exchange for the vacation of approximately 1,600 square feet of the existing alley, as set forth in Exhibit A, a new 25-foot wide (approximately 3,525 square feet) Transportation/Utility Easement will be dedicated by Alpine Englewood Opportunity Business, LLC to the City of Englewood to provide public access to the 3400 block of South Marion Street, as set forth in Exhibit B, attached hereto; WHEREAS, communication from Comcast establish that, 1) Comcast currently has facilities within the area of proposed vacation, and established that Comcast would not oppose the vacation of the alley subject to certain conditions, and such communication is set forth as Exhibit C, attached hereto, 2) Comcast is not opposed to the vacation request, and such communications is set forth as Exhibit C, attached hereto; WHEREAS, communication from Century Link established that, 1) Century Link currently has facilities within the area of the proposed vacation, and established that Century Link would not oppose the vacation of the alley subject to certain conditions, and such communication is set forth in Exhibit D, attached hereto, and 2) Century Link is not opposed to the vacation request, and such communication is set forth on Exhibit D, attached hereto; DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Page 2 of 4 WHEREAS, communication from Xcel Energy indicates that it has facilities within the area of the proposed vacation, and established that Xcel Energy would not oppose the vacation of the alley subject to certain conditions, and such communication is set forth as Exhibit E, attached hereto; WHEREAS, no abutting property owners were subject to notification of the request for vacation as the street and alley subject to the proposed vacation are encompassed by the Alpine Englewood Opportunity Business, LLC property; WHEREAS, on February 17, 2021 the Englewood Planning and Zoning Commission reviewed the requested vacation and thereafter voted to recommend approval of the requested vacation to the Englewood City Council; WHEREAS, the notice of a Public Hearing to be held before the City Council was published on March 4, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed as to fully understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on March 15, 2021 makes the following findings: 1. That due and legal notice of the public hearing was given on _February 4. 2021, upon the City’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of approximately 1,600 square feet of alley right-of-way located between South Marion Street and South Lafayette Street just North of East Hampden Avenue, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Section 2. Additional agreements. 1. Alpine Englewood Opportunity Business, LLC will continue to grant access to the City for maintenance of the existing sanitary sewer line until the sanitary sewer line has been modified and accepted by the City; 2. Alpine Englewood Opportunity Business, LLC will dedicate to the City by a recorded Subdivision Plat a 25 foot-wide, (approximately 3,525 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Page 3 of 4 square feet) Transportation/Utility Easement as set forth in Exhibit B, attached hereto. 3. City Council approval of the requested alley vacation is based on the latest design plans presented at the March 15, 2021 City Council Public Hearing. If there are substantial changes to the design plans as determined by the Community Development Department, then the alley vacation approval shall be deemed null and void, and the owner/developer may apply for a new alley vacation request. This alley vacation approval is conditioned upon the owner/developer continuing to work with the Community Development Department on the building architecture including massing, articulation, exterior finishes, and landscaping. 4. In the event that Alpine Englewood Opportunity Business, LLC its successors or assigns fails to begin construction or utilize the vacated alley, such failure shall constitute abandonment, and said vacated alley shall revert to the City of Englewood. Section 3. The City Council of the City of Englewood, Colorado, hereby approves the vacation of the right-of-way and alley as set forth within Exhibit A, subject to the agreements as set forth within Section 2 of this Ordinance, all as described within Exhibits B, C, D and E, all five Exhibits hereby incorporated herein, and all in accordance with C.R.S. 43-2-303(3) reserving to the City those rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement and/or public reservation in existence and use until such time as those public service facilities have been relocated and accepted by the associated public utility. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on April 5, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of April, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of April, 2021 for thirty (30) days. Read by Title and passed on final reading on the 19th day of April, 2021. Published by Title in the City’s official newspaper as Ordinance No. 14, Series of 2021, on the 22nd day of April, 2021. Published by title on the City’s official website beginning on the 21st day of April, 2021 for thirty (30) days. DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Page 4 of 4 This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 14, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 3 OF 3 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 1 OF 3 Digitally signed by David L. Swanson Date: 2021.03.12 13:49:06 -07'00' Exhibit BDocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 LOCATED IN THE SW 1/4 OF SECTION 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SHEET 3 OF 3 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 November, 27th, 2020 City of Englewood Subject: Letter of No Objection – Easement Vacation, 1375 E Hampden Ave. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 1375 E Hampden Ave. the vacation of the alley will be approved contingent on the design, payment, and relocation of all overhead lines. Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Marion St and Lafayette St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Exhibit CDocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Exhibit DDocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Page 1 of 3 Alpine Englewood Opportunity Business, LLC December 28, 2020 Community Development Department Mr. Brook Bell, Senior Planner, AICP 1000 Englewood Parkway Englewood, CO 80110 RE: Consolidation and Subdivision of Evanston Broadway Addition Filing 2 Alley Right-Of-Way Vacation Utility and Vehicular Easements Alpine Englewood Opportunity Business, LLC (“Alpine”) is submitting this request for the Vacation of Alley Right-Of-Way and Utility and Vehicular Easements for the multifamily redevelopment project generally located at 1375 E Hampden Ave. (“The Project”). The following are provided for your review, distribution, and comment: • Letter of Intent (this letter) • Existing Alley Right-Of-Way Alta • Proposed Right-Of-Way Vacation and Overlay Exhibits • Proposed Utility and Vehicular Easements Legal and Exhibits • Traffic Impact Study (Including Trip Generation Study) • Utility and Service Provider Letters (Comcast, CenturyLink, Xcel, Waste Connections of Colorado) • 3D Renderings and Floor Plans • Preliminary Utility Plan The proposed Consolidation and Subdivision affect 1375 E Hampden Ave, 3498 S Marion St., and 3475 S Lafayette St. and a portion of the Alley Right-Of-Way commencing on S Lafayette St. and terminating at E Hampden Ave (“The Site”). The subject properties are further described as Lots 21-32 Block 50 Evanstons Broadway Addition, County of Arapahoe, State of Colorado. The proposed Alley Right-Of-Way Vacation is located at the Southern portion Alley Right-Of-Way adjacent to Lots 21-28. The Alley is oriented North to South and is approximately 99.90 feet in length and 16.00 feet in width: totaling approximately 1,598.40 square feet. (Please see Exhibit 3 for proposed Alley legal description and layout) The proposed utility and vehicular easements are located within Lot 21 and a portion of the above referenced Alley Right-Of-Way Vacation. The proposed Vehicular and Utility Easements are approximately 140.98 feet in length and 24.97 feet in width: totaling an approximately 3,520.27 square feet. (Please see Exhibit 3 for proposed Alley legal description and layout) DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 MINUTES Planning and Zoning Commission Meeting Wednesday, February 17, 2021 COMMISSIONERS PRESENT: Cate Townley Michele Austin Judy Browne Kate Fuller Noel Atkins Colin Haggerty Meg Donaldson COMMISSIONERS ABSENT: Carl Adams Diane Lipovsky STAFF PRESENT: Brook Bell, Senior Planner Konad Krori, Engineer IV Tyler Trojan, Engineer II Dugan Comer, Deputy City Attorney GUESTS: David Pietsch, Alpine Englewood Opportunity Business, LLC Harsh Parikh, Parikh Stevens Architects Maddi Alavi, Parikh Stevens Architects Ryan Van Horn, Van Horn Development Management 1. Call to Order The meeting was called to order at 7:05 pm by Chair Austin. 2. Approval of Minutes Approval of February 2, 2021 Minutes Moved by Member Colin Haggerty Seconded by Member Kate Fuller MOTION TO APPROVE THE FEBRUARY 2, 2021 MINUTES. For Against Abstained Cate Townley x Michele Austin x Kate Fuller (Seconded By) x Noel Atkins x Colin Haggerty (Moved By) x Meg Donaldson x DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Planning and Zoning Commission February 17, 2021 5 0 1 Motion CARRIED. 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Case 2020-30 1375 East Hampden Avenue Vacation of Right-of-Way Staff: Brook Bell, Senior Planner Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CITY COUNCIL APPROVE THE REQUESTED ALLEY VACATION AND PROPOSED DEDICATION OF A TRANSPORTATION AND UTILITY EASEMENT. For Against Abstained Cate Townley (Seconded By) x Michele Austin x Judy Browne x Kate Fuller x Noel Atkins x Colin Haggerty (Moved By) x Meg Donaldson x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 8:35 pm. Nancy Fenton, Staff Liaison DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 L‐out Design Benefits (vs. current)•Improves alley safety and pedestrian experience by removing alley ingress/egress off high‐traffic Hampden Avenue•Greater width of new alley•City does not have to maintain new alley (proposing access easement instead) •Continuity from Marion to Lafayette establishes a Gateway to the City•Improved tax revenue for the City of EnglewoodCB4DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Community Benefits of ProjectoStreet‐level Activation & Pedestrian SafetyIncreased building setbacks60% transparency along Hampden Ave. / 25% transparency along Lafayette St. & Marion St. (only required for projects withRetail) to improve pedestrian experience / safetyoReduced Car DependenceAdjacent to RTD bus stop•Within Walking distance to healthcare facilities for both employees and patients.•Bike tune‐up room for residents & guestsBusiness Center & work pods for residents & guestsoHealth & WellnessFully‐equipped gym w/ accessible equipmentRecreational roof deck and roof lounge for residents & guestsFresh air available in all units (operable windows in all units, balconies in most units and ground‐floor walk‐out units alongall three primary building frontages)DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 Project Benefits to Community (cont’d)oEnergy & SustainabilityExceeds Energy code Requirements•EnergyStar appliances•Energy‐efficient LED lighting•Energy efficient, low‐E double‐pane windows•Preferred parking for electric & hybrid vehicles•Electric vehicle charging stations•Participation in Xcel Energy Design Assistance (EDA) ProgramSustainable landscaping with smart irrigation systemLow Flow Plumbing FixturesDocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548 DocuSign Envelope ID: 97293415-67C0-46F5-B005-11498CAF8548