HomeMy WebLinkAbout2014 Ordinance No. 060,,.
•
•
ORDINANCE NO. 1£/2
SERIES OF 2014
CONTRACt NO. ~-2b \ 11
BY AUTHORITY
COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE APPROVING AN ENCROACHMENT AND INDEMNITY AGREEMENT
PERTAINING TO THE CONSTRUCTION OF UPPER LEVEL BALCONIES EXTENDING
OVER THE PUBLIC RIGHT-OF-WAY, AN ARCHITECTURAL CANOPY EXTENDING
OVER THE PUBLIC RIGHT-OF-WAY, A HALLWAY EXTENDED INTO THE PUBLIC
RIGHT-OF-WAY, AND A WHEEL CHAJR. RAMP EXTENDING INTO THE PUBLIC
RIGHT-OF-WAY.
WHEREAS, Section 11-3-4 of the Englewood Municipal Code 2000 provides that an
encroachment into public right-of-way may be granted upon compliance with certain terms and
conditions and the issuance of an encroachment permit and indemnity agreement by the City; and
WHEREAS, the property owner "Bannock Club, LLC" of 201 Englewood Parkway wishes to
construct a 30 unit apartment building with two ground floor live/work units; and
WHEREAS, the property owner was notified that the construction was in violation of the
Englewood Municipal Code because it encroached into the Public Right-of-Way in several areas,
and that an encroachment permit would need to be obtained; and
WHEREAS, the City of Englewood received an application for an encroachment permit from
the Owner of 201 Englewood Parkway for the construction of a 30 unit apartment building for:
• Twenty-four (24) Upper level balconies extending 4 feet into the Public Right-of-Way on
3 sides of the proposed building; and
• An architectural canopy extending 4.5 feet over and 114.8 feet along the Public Right-of-
Way; and
• A wheel chair ramp extending 4 feet into the Public Right-of-Way; and
• An extended hallway (bump out) extending 2.3 feet into the Public Right-of-Way; and
WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit and
Indemnity Agreement" formally recognizing the dimensions of the encroachment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
9 biv
Section I The "Encroachment Permit and Indemnity Agreement" attached hereto as
"Exhibit A" is hereby accepted and approved by the City Council of the City of Englewood,
Colorado.
Introduced, read in full, and passed on first reading on the 20th of October
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th of
October
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
October, 2014 for thirty (30) days.
Read by title and passed on final reading on the 3rd day of November, 2014.
Published by title in the City's official newspaper as Ordinance No.~O, Series of 2014, on
the 7th day of November, 2014.
Published by title on the City's official website beginning on the 5th day of
November, 2014 fo r thirty (30) days.
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is 9 t_rue copy of the Ordinance passed on final reading and published by
title as Ordinance No. Jl.11., Series of 2014.
..
•
•
•
ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
THIS AGREEMENT, made this __ day of _____ _, 2014, between the City of
Englewood, Colorado, a municipal corporation. and Bannock Club L.L.C., a Colorado limited liability
company, whose address is 5353 West Dartmouth Avenue -#508, Denver, CO. 80227, as the owner(s) of
a certain parcel of real property legally described as:
Lot 3 & N 37.S Ft
of Lot 4 Bllc 1 Floods Add
County of Arapahoe
State of Colorado
Commonly known as: 201 Englewood Parkway.
The City of Englewood, Colorado, pursuant to 11-3-4 EMC, hereby grants to Bannock Club L.L .C. at the
above described location. permission to: encroach upon the City's property for the sole purpose of
constructing the building at 201 Englewood Parkway, as shown on the attached drawings labeled as
Attachment 1, specifically twenty-f~ur {24) balconies over three public Right-of-Ways, an awning, an
extended hallway, and a wheel chair ramp attached as Attachment 1, with said encroachment consisting
of approximately 1,073 square feet .
The property owners and its heirs and assigns understand and agree that:
1. It will construct no other permanent structure, nor any plantings which will interfere with the
City's full use and enjoyment of its property.
2. That this permission is a revocable license and is revocable at will and without cause by the City
of Englewood, Colorado without hearing and without notice other than Notice of Revocation.
3. That the property Owner shall remove any structure including balconies, awnings, hallway, bump
out and wheelchair ramps after receiving Notice of Revocation by personal service or certified
mail.
4. That the property Owner is estopped to deny the right of the City of Englewood, Colorado, to
revoke the Encroachment Permit or to deny the property rights of said City.
S. That the property Owner agrees to reimburse and indemnify the City of Englewood, Colorado, for
all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing
the structure{s) or any other expense as a result of granting the Encroachment Permit.
6. That the property Owner shall maintain insurance coverage sufficient to satisfy any liability
arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of
Englewood shall be held harmless from any and all liabilities arising from this action and proof of
such continuing insurance shall be provided to the City's Risk Management Division on an annual
basis.
Page 1 of 3
I!
~
I
B
I
T
A
7. That the property owner shall pay all reasonable expenses of preparing and recording this
Agreement. -
8. That this agreement shall inure to the benefit of and be binding upon the heirs, executors,
administrators, assigns, and successors of the respective parties.
The party signing for Bannock Club LLC affirms that he/she has full authority to sign and bind the
property Owner by this Agreement.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written above.
ATIEST:
CITY OF ENGLEWOOD
a municipal corporation
By:. __ """".""" _____________ _
Randy P. Penn, Mayor
By: _________ _
Loucrishia A Ellis, City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF )
BANNOCK CLUB, LLC
Property Owner
The foregoing instrument was acknowledged before me this /Si;/., day of OcJo/o er , 201:L,
by Nanna Nielsen Smith as Manager of the Bannock Club, LLC property owner of 20 l Englewood
Parkway, Englewood, Colorado 80110.
My Commission expires: ef/40/1.:r
taryPublic
Page2 of3
•
•
RCHITECT
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 1-rtfay of Oc:loJ, er , 201.i.,
by do e.. S ; mm o;, s as the Architect of the Bannock Club, LLC property owner of 201
Englewood Parkway, Englewood, Colorado 80110 .
My Commission expires: ., -r:j3oj; £
•
•
Page 3 of3
EXHIBIT SOUTH
BANNOCK STREET
--------------------1 T --
DEa<s DESatlPTION:
:I ...
Oo· ....
0 co
I
I
I
I
I
I
I
I
I
I
I
I
□;--
1
I
I
I
I
I
i ,·= 10' !
-----------, I
I
I
I
I
5TH FLOOR DECK bJ;
----
1
I
I
I
I
DECK •w 4lH FLOOR 1
1
I
I
I
---
DECK I I
3RD FLOOR!==I-_
I 4s.a·
I
I
I
DECK ! I 36.2'
2ND FLOORl:=J
T~··
15.0'
1ST FLOOR ___________ _.
1"• 10'
4' x 8' DE~&~2HD TO 5TH FLOOR) EXTENDING 4 FEET SOUlH OF lHE EXISllNG BUILDING
BEING 15.5 , 53.B FEET I: 74.8 FEET YEST Of' 1HE SOUTHEAST CORNER Of THE EXISITING
BUIOUNC.
GORDON S. PACE 1H
PLS 29048
KURT UNN I: ASSOCIATES JOB f 1410-04
AU. FtA'MU AIII UVA'IIIIIIS -Pl.ACID NCI alt 11:Alm l'ER l'IUMDIII MCtfflallW. PUNS (PDF) l'IINIIEJI.
A
T
T.
A
C =-E
N
T
l
•
•
EXHIBIT RAMP
~ ~t 'l
--------------------------------------------··-~ 1!
RAMP DESaaPT'ION:
4' x 7' RAMP EXltNDING 4 FEET EAST OF 1HE EXISllNG EIUlt.DING
BEING 13.7 FEET NORlH OF THE SOU'THEAST CORNER Of 1HE EXISlllNG BUIDUNO.
GORDON S. PAGE II
PLS 29048
KURT UNN I: ASSOaAm J08 f 1410-04
MJ. PIA1\ID NII DLYA110NI IU£ PUCID NII Ill SCAUD 1U l'IIOWC ~ l'lAIIS (PDF) l'IIOWD.
DECKS o•·O'
2ND-5TH ~
FLOORS
I
I
I
I
I
I
I
I
I
I
'z.3'
HALLWAY o: iq
EXTENDED ' IO I
I
I
I _,
1k: I
01
ii: I
,z ,2 .---------, ~
I I!! Ix I i..i .
:► ·~ I :l
DECK : <
5TH FLOOR I I
I
I
I
I
I
I
DECK I
4TH FLOOR1 --
I
' I
I
I
I
DECK 1
3RD FLOOR1
·t=:t
I
I
I
I
I
I
----
46.8'
~· xi DECK I
2ND FLOOR1 36.2'
WI -w z
::J
t, z
9
5
(D
I-
1/) < w
_______________ _.
DECKS DESCRIPTION:
26.6'
1ST FLOOR ---------~
-r 25,S'
r1s.o·
10.8'
,i! x 6' DECKS (2ND TO 5TH FLOOR) EXlENDING 4 FEET EAST OF THE EXISllNG BUILDING
BEING 45.6 FEET NORTH OF THE SOUTHEAST CORNER OF THE EXISlllNG BUIDUNG.
HALLWAY EXlENSION DESCRIPTION:
A 2.3' x 6.5• HALLWAY EXTENSTION EXTENDING 2.3' EAST OF THE EXISTING BUILDING
a~•·" l)G ,:t •1na'TU nll;' 'TUC' C'I'" rn..ac-A ~ l"nDU~ nil:' 'TUC' ~e-,.,.,.,,. DI tu ,.,.,,.
I
61.6'
•
61.2'
T'
10.0'
1
EXHIBIT CANOPIES
ELEVATIONS
,--------------------------------,
! · JJ.2' !
I I
I I
I I
I I
I I
I I
I I
I I
I 1ST FlOOR I L--------------•-----------------J
AU. n:A'IUIIEI AND Dr/Alllllll EIE IUCEII AND CIII ICAllD l'EII l'MMID ARal1IICUIUL PUNS (PIIF-c.t.D) PROWIED.
EXHIBIT WEST
r------------------
1!5.8'
------
1•-10'
r•----------1
I
I
I
I
I
I I i DECK
~ SlH FlODR ...,.. ____ I
I
I
I
I
I
I 4TH FlDOR U1DECK
-T'"--1
I
I
I
I
WI DECK
3RD FlOOR
-.---
1
47.4' :
I
T I ·! DECK JS. \::::::j 2ND FLOOR
a•l I
15.6' : I
I
I
I
I
I ._ __________ _
EXISITNG GRADE ••••
1"• 10'
DEJD~TION:
4' x DECKS 2ND 10 !SlH FLOOR EXlENDINC 4 FEET MST OF lHE EXISllNG BUllDINC
BEIN 15.11 ~ a: 42.11!5 FEET N~lH OF lHE SOU1HMST CORNER OF lHE EXISITINC BUIDUNC.
CORDON S. PACE Ill
PlS 29048
k\lRT UNN A ASSOCIAlES JOB I 0901-03
Ml RA111U Allll 11.EYAtlllNI Ell PUGD NII Cit ICAIED 1'1111 l'IICMD N1CH1m1M. l'LNIS (P0F) ~
•
•
-
•
EXHIBIT CANOPIES
BANNOCK STREET
..1 UPl'Ollr.l.OllO~
----···1t·····wrn·...-:'---i_----+--+-1:
15.5'
UPPER
CANOPY
l
a1.1'
s'' t! _,
~!
"I I! ;!
I
I
\
I
I
)
i
I
I
\
1·-10'
--uL----., •
CANOPIES DESallP'TKJt
CANOPIES EXTENDING 2.3 FEET EAST AND 4.5 SOUITH OF THE E>CISllNO B\J~O
I
I
I
I
I
I
BEINC 33.2 FEET NORTH, 15.5 FEET SOUTH (UPP£R CANOP't) • au· (LoWER CANOPY FEET M:ST OF
THE SOUTHEAST CORNER OF. Tii£ ElCISITINC BUIDUNC.
GORDON S. PAGE Ill
PLS 21048
KURT LINN It ASSoaAlES JOB f 1410-04
AU. RA111D ANO mYA'IIIIII 'MJI£ l'WD IHO Cit SCAl.lZI NI l'IIOWIIII MIH1EDIIUL PUHi c,a,J 1'111M1E11.
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 20, 2014 11 a iii An Ordinance Approving an Encroachment Agreement
with Bannock Club, LLC for Upper Level Decks and
Architectural Canopy Extending Over the Public Right-of-
Way
Initiated By: Staff Source:
Community Development Department Chris Neubecker, Senior Planner
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
This item was discussed by City Council during the Study Session on October 13, 2014. This project will
advance the City's goals to "Promote a balanced mix of housing opportunities serving the needs of all
current and future Englewood citizens" and "Improve the quality of the city's existing housing stock," as
identified in the Roadmap Englewood: 2003 Comprehensive Plan.
RECOMMENDED ACTION
Staff recommends adoption of a Bill for an Ordinance authorizing an Encroachment Agreement for the
construction of upper level balconies, canopy, extended hallway and wheelchair ramp on the new LIV
Apartments, 201 Englewood Parkway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Staff has been working with the developer of 201 Englewood Parkway for the past 10 months concerning
the development of a new 30-unit apartment building with two ground floor live/work units. The site was
previously owned by the Church of Scientology. The existing building will be demolished, and a new
building constructed with most of the parking under the building. The Applicant, Bannock Club, LLC, has
submitted plans for a building permit. Initial plan review comments have been provided, and revised plans
have been resubmitted.
The project includes 24 balconies that project past the exterior wall (which is on the property line), over the
public rights-of-way of S. Bannock Street, Englewood Parkway, and a public right-of-way to the west of the
site. Also proposed is an architectural canopy on the south and east side of the building, which adds visual
interest to the design and acts as a shelter to the exterior walkway below. An extended hallway on the east
end of the building helps to break up the east fac;ade, and provides more visual interest to the building. The
wheelchair ramp on the southeast corner of the site is also within the right-of-way.
'
ANALYSIS
Section 11-3-4 D of the Englewood Municipal Code states as follows:
"All requests for encroachments into the public right-of.way where the encroachment is a structure which
would create a permanent taking of City right-of-way and appeals from staff denial of an encroachment shall
be made to the City Council."
The proposed decks would extend 4' into the right-of-way, approximately 15' above the ground. The
proposed canopy would project between 2' to 4' into the right-of-way, approximately 9'6" above the
ground. The extended hallway would encroach by 2' into the right-of-way. The wheelchair ramp is also
about 4' past the property line. The projections do not extend over public streets or sidewalks. The decks
would be about 3' away from the public sidewalk, and 9' away from the curb.
The decks and canopy are important to provide visual interest to the building, but also provide significant
useful functions. The decks provide outdoor space for residents to obtain fresh air and enjoy the outdoors.
The canopy helps to provide both shade and protection from rain and snow on the walkway below. The
extended hallway helps break up the east fac;ade of the building. The wheelchair ramp helps provide the
required access per the Americans with Disabilities Act.
If the encroachment agreement is not approved, the Applicant will likely need to redesign the building. The
decks are an important part of the design for the market rate tenants and add significant value to the
property. Without the decks, this higher-end apartment design may not be financially feasible, according to
the applicant.
FINANCIAL IMPACT
There should be a positive financial impact on the City through additional collection of Use Tax and
Property Tax from this development. Furthermore, this new development could be an important catalyst for
the revitalization of the downtown area, and should lead to additional interest in the development of
housing and commercial investment in the community.
LIST OF ATTACHMENTS
Encroachment Permit -Legal Description
Bill for an Ordinance
"
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
303-762-2342
englewoodgov.org
--. -. -
APPLICATION FORM
APPLICATION FOR:CIAC/"#(L~ f-JbYUMt-
(Attach Checklist and a// required documents -Incomplete applications will not be accepted.)
PROPER
LOT 3 AND THE NORTH 37 ½ FEET OF LOT 4, BLOCK 1, FLOOD'S ADDITION TO ENGLEWOOD, COUNTY
OF ARAPAHOE, STATE OF COLORADO.
C APPLICANT PROPERTY OWNER
I Name: 6a111-t-rJe/. tlu br 'L C Name:
Company: 7'o 1/11/1) )J /e/Jeb1 :Z /1 c. Compa_n_y======================
Address:
1
S 3 5' 3 vJ . /)ayf/u l)uf/t..., Address:
l>ekb'6v/ {do 8tJ zz 7
Si/f s-vP ---------
Telephone Number: 3tJ ?-9ffJ-9rCl0 Telephone Number: _________ _
Fax Number:36 3-iPR r-9b 97 Fax Number: ------------
Em a i I Address: /2n/thM f ~tJ@rtiko .~· ~::.~ail Address : _________ _
/}atuuJclc. ~ -< ~C
~r: r~ (JI~,, /tV!fr
Signature
17: #IA J1 /;11-._ \) ,U ~ 11 I //IA a vf. (J J-Vr
Print Name
June 1011
Signature
Print Name