HomeMy WebLinkAbout2020 Ordinance No. 053
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BY AUTHORITY
ORDINANCE NO. 53 COUNCIL BILL NO. 55
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER STONE
AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF
SOUTH PENNSYLVANIA STREET RIGHT-OF-WAY AND A PORTION
OF THE ASSOCIATED ALLEY, ALL LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD,
COUNTY OF ARAPHOE, STATE OF COLORADO.
WHEREAS, HCA-HealthONE, LLC, and Columbia HealthOne, LLC also known as
Swedish Hospital, by and through their agent, Kimley-Horn and Associates, has requested
that a portion of South Pennsylvania Street and associated alley be vacated for a planned
expansion of the existing hospital and Emergency Department, as set forth on the legal
description and drawing identified as Exhibit A, and attached hereto;
WHEREAS, communications from Century Link and Comcast establish that, 1)
neither have any services within the area to be vacated, and 2) neither are opposed to the
vacation request, and such communications are set forth as Exhibit B, and attached hereto;
WHEREAS, communication from Xcel Energy indicated that it has facilities within
the area of proposed vacation, and established that Xcel Energy would not oppose the
vacation of either the street or alley subject to certain conditions, and such communication
is set forth as Exhibit C, and 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
Swedish Hospital property;
WHEREAS, on October 6, 2020, the Englewood Planning and Zoning Board
reviewed the requested vacation and thereafter voted to recommend approval of the
requested vacation to the Englewood City Council; and
WHEREAS, the notice of a Public Hearing to be held before the City Council was
published on October 22, 2020.
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 November 2, 2020 makes the following findings:
1. That due and legal notice of the public hearing was given on October 22, 2020,
upon the City’s website and printed in the Englewood Herald.
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2. No private rights will be injured or endangered by the vacation of a portion of
South Pennsylvania Street and associated alley, 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. HealthONE will continue to grant access to the City for maintenance of the
existing water line until the new water transmission line has been constructed
and accepted by the City;
2. HealthONE will relocate an eighteen-inch (18") water transmission line within
the area of proposed vacation at their expense by constructing a new water
line in accordance with the specifications of the City of Englewood, as set
forth within Exhibit D, and attached hereto;
3. HealthONE will dedicate to the City by a recorded Subdivision Plat such
newly constructed eighteen-inch (18") water transmission line and
associated utility easement;
4. HealthONE will relocate a storm water line at their expense by constructing
a new storm water line in accordance with the specifications of the City of
Englewood, as set forth within Exhibit E, and attached hereto;
5. HealthONE will dedicate to the City by a recorded Subdivision Plat such
newly constructed storm water line and associated drainage easement;
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 the 16th day of November,
2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
19th day of November, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the
20th day of November, 2020 for thirty (30) days.
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Read by Title and passed on final reading on the 7th day of December, 2020.
Published by Title in the City’s official newspaper as Ordinance No. 53, Series of
2020, on the 10th day of December, 2020
Published by title on the City’s official website beginning on the 9th day of
December, 2020 for thirty (30) days.
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. 53, Series of 2020.
Stephanie Carlile
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Griffin, Erin
From:Elkins, James <James.Elkins@CenturyLink.com>
Sent:Friday, March 27, 2020 8:43 AM
To:Griffin, Erin
Subject:Swedish Medical Tower Expansion
Categories:External
Centurylink has reviewed the proposed vacate and has no issues. CTL has no facilities in this area. Any questions feel
free to call.
Thank you
James Elkins|OSP Field Engineer
MOUNTAIN, LTD.
19 Yarmouth Drive, Suite 301, New Gloucester, ME
Cell: 720-545-6037
mailto:james.elkins@centurylink.com
This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized
use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error,
please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments.
Exhibit BDocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA
March 17, 2020
City of Englewood
Subject: Letter of No Objection – Easement Vacation, Swedish Medical Center ROW Vacation
Exhibit
To whom it may concern:
Comcast has reviewed a request to vacate the access and utility easement at S Pennsylvania St. and
Existing Alley. Exception we do have facilities on the south side Utility ROW on E Girard Ave. that will
need to stay in place. Comcast has no objection to vacating the easement on file because we do not have
any utilities within this access and utility easement and do not have current plans to install utilities in the
future within the easement. But may require access in the future if Swedish Medical Center requires
service from us in this build new area.
Please contact me if you should have any questions or concerns at 720-460-7799.
Sincerely,
Greg Jaeger
Comcast of Colorado
Construction Specialist 2
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Exhibit C
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xhibit D
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xhibit EDocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA
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MINUTES
Planning and Zoning Commission Meeting
Tuesday, October 6, 2020
COMMISSIONERS PRESENT: Cate Townley
Daryl Kinton
Mike Freemire
Michele Austin
Judy Browne
Kate Fuller
Carl Adams
Diane Lipovsky
Colin Haggerty
COMMISSIONERS ABSENT: Noel Atkins
STAFF PRESENT: Brook Bell, Senior Planner
Tim Hoos, Capital Projects and Engineering Manager
Wade Burkholder, Planning Manager
Brad Power, Director of Community Development
Dugan Comer, Deputy City Attorney
GUESTS: Coy Williams, Kimley Horn
Erin Griffin, Kimley Horn
Linden Urquieta, HKS, Inc.
Kevin Kucera, Swedish Medical Center
Karl Leistikow, Swedish Medical Center
Erin Petersen, Swedish Medical Center
Zach Wideman, Swedish Medical Center
Jennifer Gardner, Logan Simpson
Melissa Ruth, Logan Simpson
1. Call to Order
The virtual meeting was called to order by Chair Freemire at 7:00 pm.
2. Approval of Minutes
Draft September 22, 2020 Minutes
Moved by Member Diane Lipovsky
Seconded by Member Kate Fuller
MOTION TO APPROVE THE SEPTEMBER 22, 2020 MINUTES.
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Planning and Zoning Commission
October 6, 2020
For Against Abstained
Cate Townley x
Daryl Kinton x
Mike Freemire x
Michele Austin x
Judy Browne x
Kate Fuller (Seconded By) x
Carl Adams x
Diane Lipovsky (Moved By) x
Colin Haggerty x
9 0 0
Motion CARRIED.
3. Public Forum
4. Recommendation for Vacation of Right of Way
Swedish Medical Center
501 East Hampden Avenue
Brook Bell, Senior Planner, provided an overview of the request. Mr. Bell, Ms.
Griffin, Ms. Petersen, and Mr. Leistikow answered questions from the
Commission.
Moved by Member Michele Austin
Seconded by Member Kate Fuller
MOTION TO RECOMMEND THAT CITY COUNCIL APPROVE THE
VACATION OF APPROXIMATELY 16,561 SQUARE FEET OF SOUTH
PENNSYLVANIA STREET RIGHT-OF-WAY AS WELL AS THE VACATION
OF APPROXIMATELY 4,407 SQUARE FEET OF ALLEY LOCATED SOUTH
OF THE EAST GIRARD AVENUE AND SOUTH PENNSYLVANIA STREET
INTERSECTION.
For Against Abstained
Cate Townley x
Daryl Kinton x
Mike Freemire x
Michele Austin (Moved By) x
Judy Browne x
Kate Fuller (Seconded By) x
Carl Adams x
Diane Lipovsky x
Colin Haggerty x
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Planning and Zoning Commission
October 6, 2020
9 0 0
Motion CARRIED.
5. Unified Development Code Assessment Update
6. Staff's Choice
7. Attorney's Choice
8. Commissioner's Choice
9. Adjourn
The meeting adjourned at 8:55 pm
Nancy Fenton, Staff Liaison
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