HomeMy WebLinkAbout2013 Ordinance No. 067' \ i .,
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BY AUTHORITY
ORDINANCE NO . M
SERIES OF 2013
COUNCIL BILL NO. 64
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE APPROVING THE SPEER'S BROADWAY ADDITION, FILING NO. 2,
FIRST AMENDMENT, MAJOR SUBDIVISION LOCATED AT 3085 SOUTH BROADWAY
AND 3066 -3090 SOUTH ACOMA STREET IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City is authorized by ordinance to regulate the subdivision or consolidation of
property including the establishment of new subdivisions and has the right to accept or reject the
dedication or vacation of any streets, alleys or public ways; and
WHEREAS, under the Englewood Municipal Code a "major subdivision plat" is required
whenever there is a proposed dedication of land for public rights-of-way or public areas; and
WHEREAS, the building located at 3085 South Broadway was used as the former Funtastic
Nathan's site and then an indoor amusement establishment from 1994-2011 and has been vacant
since then; and
WHEREAS, the "Speer's Broadway Addition, Filing No . 2, 1st Amendment" owners purchased
additional properties in January 2011; and
WHEREAS, those properties consist of two single family homes located on two properties that
front Acoma Street which were built in 1907 and 1912; and
WHEREAS, the lot at 3090 South Acoma was included in total parking calculations for the
amusement establishment, and at that time, became part of the conditional use that was granted to
3085 South Broadway; and
WHEREAS , the property's existing zoning designations would not accommodate the proposed
development; therefore, ZC3, LLC began the process of requesting a rezoning to a PUD and
amending the current subdivision; and
WHEREAS, the Plat for "Speer's Broadway Addition, Filing No. 2, 1st Amendment" has been
reviewed by the City's Development Review Team (DRT) and the appropriate outside agencies;
and
WHEREAS, the "Speer's Broadway Addition, Filing No. 2, 1st Amendment" includes:
• The vacation of alley on Lots 18 through 24 on the Acoma side and Lots 25 through 31
Broadway side .
• The vacation of platted lot lines.
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• The relocation/dedication of a portion of the alley on portions of Lot 17 and Lot 18 .
• The dedication of public access on Lot 32 and Lot 31 .
• Reservation of an easement for utilities in the vacated portion of the alley .
WHEREAS, the Planning and Zoning Commission held a Public Hearing on November 5, 2013
and recornn1ended approval of the "Speer 's Broadway Addition Filing 2, 1st Amendment," Major
Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood hereby approves the "Speer 's Broadway
Addition Filing 2, 1st Amendment," Major Subdivision for the property located at 3085 South
Broadway and 3066 -3090 South Acoma Street, in the City of Englewood, Colorado, attached
hereto as Attachment 1.
Section 2. The City Council of the City of Englewood, Colorado finds:
1. The proposed Chick-fil-A At Speer's Broadway PUD use is a quick serve restaurant
with a drive -through. The drive-through will be located on the Broadway side of the
property; this is compatible with other uses in the MU-B-2 zone district. The
parking will be located on the Acoma fronting properties. Parking is an allowed use
in the MU-R-3-B district when approved through the conditional use process.
2 . The proposed lots are compatible with dimensions established by the Chick-fil-A At
Speer's Broadway PUD .
3. Public water and sewer along with electric, gas, and communication utilities are
available to the subject property.
4 . The subject property is not located within an identified flood plain zone . There are
no other special topography or natural features on the property.
5. The relocation of a portion of the public alley proposed within this subdivision
provides the necessary access to the lots adjacent to the subdivision.
6. Existing sidewalks will remain.
7 . Six bicycle parking facilities are required for this proposed subdivision and
additional sidewalks are provided.
8. All required easements have been included on the plat. See Preliminary Plat.
9. The easements necessary for public uses and utilities are dedicated on the
subdivision plat.
10. A drainage study has been completed as part of the proposed Planned Unit
Development application. Drainage issues have been addressed and will be
monitored in the development pemut process.
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Introduced, read in full, and passed on first reading on the 2nd day of December, 2013 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6°1 day of
December, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 4°1 day of
December, 2013 for thirty (30) days.
A Public Hearing was held on December 16 , 2013,
Read by title and passed on final reading on the 16th day of December, 2013.
Published by title in the City's official newspaper as Ordinance No4 Series of 2013, on
the 20th day of December, 2013.
Published by title on the City's official website beginning on the 18th day of December, 2013 for
thirty (30) days .
I, Loucrishia A Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is 1_y:,ie copy of the Ordinance passed on final reading and published by
title as Ordinance No . JL/, Series of 2013 .
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VICINtT"I' MAP
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DETAIL 'A'
BASIS OF BEARINGS
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LINE or THE SOUTHEAST QUARTER or THE NORTtMST QUARTER
Of SECTKlN J4, TOWNSHP 4 SOUTH , RANCE 63 WEST Of THE
mt PRINCIPAL WERIWH. 8EARMi BE.NG N00'10'22 .. A OISTN-ICE
Of 1 J 14.25 fE£T 8£TWEEN TH£ MONUM£NTS SHOWN HEREON.
FWOD CERTIFICATION
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ASPHAl. T ROAD SURf AC( ST AMPED
SPEER'S BROADWAY ADDITION, FI LI NG N0.2 1ST AMENDMENT
PART OF TH£ SOUTHEAST 1/4 OF THE NORTHTYEST 1/4 OF SECTION 34,
TOH'NSHI P 4 SOUTH, RANCE 68 H'EST OF THE 6TH PH.,
A RESUBJJIVISION OF A PORTION OF BLOCK 24, SPEER'S BROAJJH'AY AJJJJITION BE/NC
THE SOUTH% OF LOT 17 ANJJ AU OF LOTS 18 J'HROUCH 32 INCLUSIVE,
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CITY OF £NCL£H'OOJJ, COUNTY OF ARAPAHOE, STAT£ OF COLORAJJO
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NCIITIDLY LINE Of lHE soun+ X fS LOT 17
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' ,. flATIROIS SlJRl{•Nc NC., LS 16406" ----------
I HEREBY CCRTJ'Y THAT ff PROP!RTY OESCRIB£0 D[SCRIBED
HEREON IS NOT LOCA. T£D IN A 100 'l'[AR FLOOD ~.
ACCOROINC TO THE MOST CUR~T INSURAHtt RA Tt YAP
(nRM), PROOUCED BY THE f'EDERAL EMERCO+CY MANAGEMENT
AGCHCY (!DIA~
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f\.AllROHS SURlrt't"NC INC., LS l640fi " +--------\ SOUllOLY Uh( <S THC S(lJntEAST" Cl' DI: dltll£ST X Cl' SEC~ l4, T4S, Rift,
{NM17"51"t 132121' MEASURED) (1l2l.l' PLAT)
-Ito_,. r"C 1/4 S J4, T4S, R68W, 1997,
MAPS AR£ DA.Tm DECOIBOI 17, 2010,
COUMUNITY NO. 08005C01611C
PANEL HO. 085074-016K
LEGEND
----IMOICAT[S SU&.1£CT PM>POffY UMC AS SHOWN .
-----INDICATES RIGHT Of WAY UNITS.
INOICATtS LOT LIN( 90UNOMY.
INOICATE'S CENTERUNC Of" R.O .W. AS SHOWH.
IN0tCATt$ A S{Cll()til UMt -'S $lAT(O HOltON.
• INDICATE$ rOUkO MONUt.lOfT IN aox AS STATED OH THIS SUJIVEY .
♦ INDICATES FOUND OfTSET CROSS, UNlESS MOTCD OTH ERWISE.
0 NIIC.t,T(SSCT24',,IDNIOlll/'tM.IIICJ#STMftD LSZ.,-JJ
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STANDARD NOTES
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LO l) 1-'.I. BlUC.1-. I,
Hr E.-. ADDITION
(D DATE Of FELD MR<, THE R[LO WORK COR THIS SURl{Y W,S COIIPI.ITTO ON MAY 24, 201J .
@ THIS PLAT REPRESENTS A BOUNDAR Y SURl,{Y Of THE PA.RC£L ~-IT IS PART~ A SUBDl~SION PLAT Of "'SPEER'S
BROADWAY A.OOtTION• nLEO '1111TH THC a.ERK AND RECORDER ~ ARAPAHO£ COONT'I' ON TtiE 29TH CAY Of AUGUST, 1!190
A.O. R£COl!OEO IN Pl.A T 800( 10, PACI' JJ.
@ A.CCOR~C TO CQ.ORADO lAW YOO MUST COMME.NCt LtCAL ACTION 8.A.SCD \JflON ANY 0£.fECT ft THIS SUf:IYEY 'IIIITHIN
THREE YENIS AFTER YOU FlRST DISCO\ot:R SUCH [)[f(CT. IN NO EVENT, MAY ANY ACTION BASED Ufl~ ANY O(f£CT IN
11-115 SURl,(Y BE Ca.tMENCEO MORE THAN T£N YEARS f'RCII THC DA TE Of 11i£ a:RTin CA 00M SHOYIN HEREON .
(!) CO...ORADO STATE LAW CRS 9-1.~-ID1 STATt5 THAT ANYCJrfE Pl.ANNING TO DIG IN OR NEAR A PUBLIC ROAD. STftftl.
AU.['(, RIGH T-Of-WAY, OR unuTY EASEMEN T IS TO NOTirY ™E UTILITY NOTlflCAOOH C[HT[R Of COl.ORA.00 Of YOUR
IN T[NT, TWO (2) BU~ES5 CAYS BEFORE YOU OIG. CAll 1-!IOCHl22-1987 OR JOJ-514-6700 IN THE M£TRO OEN~
AAEA TO LOCATE BURIED UN[S.
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SURVEYORS CERTIFICATION
l, KENNETH C. OOELl.ETT[, A RECISTEREO LANO SUR"IHOR IN THE STAT[ Of CO..ORAOO 00 HEREBY
C£RTFT THAT THE SUR\f:'f Of THE SPEER 'S BROADWAY .4001nON, 1ST AMENDMENT, WAS MA.DE B'f
M£ DR DIRECTLY UNDER MY SUP£R~S)Oj ANO THAT TM[ ACCOMPAN•NG MAP ACCURATELY ANO
PROP£Rl Y SHOWS THE SUR~Y THEREOF .
KENNETH C. OUEllEffi, PLS 2467J
rOR ANO CJr4 BEHALF' Of MERRla< & COMPANY
5970 GREEN'IIOOO PLAZA BL'IO
GREENWOOD ....,LLACE, CO 80111
lOJ.751.07 41
JOB NO. 65117974
DEDICATION
KNO'M-1 Ali MEN BY lH[SE PRESENTS; THAT THE lN>ERSICNEO WARRANTS lHA.T HE IS TH[
OWNER Of A PARCEL ~ LA.HO LOCATm l+I Tli[ SOUTl-iEAST 1/4 Of T1i( NORTI-IWEST 1/4 Of
SECTION 34, TO'M-ISHIP 4 SOOTH. RA.NC£ 68 Yl{ST Of THE 6TH P.M., SP£ER'S BROADWAY
ADDITION, 1ST AMENDMENT, QTY Of ENGI.EWOOO, COUNTY Of ARAPAHOE. STATE Of' COI.ORAOO,
MOR£ PARTICULARlY DESCRl9EO AS FOLLOWS:
~ s~urr ~ocif 'JACA"'tfo ~~ ~Ar= tiLC:i«,~ '\~o 2;2 T~tTHER
VA.CA.Tm BY OROl~E NO. 4, SERIB Of 1923, AS R£CORDEO AUGUST 11, 1977 IN BO()t(
26J2 AT Pl(;( 303, SPEER'S BROAOWA'I' ADOfTlON, COUNTY OF AAA.OAHOE, STATE Ot COLORADO,
8EINC MORE ADOITIONAU.Y DESCRIBED AS FOUOWS:
C01A18«:1NC AT TH£ CENTER QUART£R CoRNER Of S£C'TJON 34 , TOWNSHIP 4 SOUTH, RANCE 68
WEST OF Tt£ 6TH PRINCIPAL MER1DIAN,
WHENCE THE CENTER NORTH SIXTEENTH CORNER Of SAID SECTION l4 BEA.RS N00'10'22"W A
OISTAHCE Of 1314.25 FEET:
THEMCE N59'J5 '56"W A OISTAM:£ Of 58.07 rm TO THE P0III Of -· POIHT ALSO
BEING 4.50 FEET EAST Of THE SOUTHEAST CORNER OF lOT 25 IN SNO BLOCK 24 :
THENCE S89'17'51"W Al.ONG THE NORTHERLY RIGHI-Of-WAY UN[ Of WEST OARTMOUTH AVENI£
A DISTANCE Of 270.J& f'EEI';
THENCE N00'10'43"W ALONC THE f.ASTERlY RICKT -Of-WA.Y LINE Of SOUTH ACOMA STREET A
DtSTANC£ or 187 .50 FEET;
THENCE N89'19 '55t: ALONG THE NORTHERLY LINE Of THE SOUTH HALf Of SAID LOT 17 A
DISTANCE Of 124 .94 FEET TO THE WESTERlY UN[ Of A PlATTED 16.00 FOOT WIDE AU.£Y IN
SAIC 9L.OCK 24:
THENCE S00'10'lJ·E ALONG SM> W£STERlY LINE A OISfANC[ Of' Jl.47 fEET ;
THENCE NS9'19'~"'E A DISTANCE Of 16.00 FrET TO lHE EASTERlY LINE Of SAID PlATTED 16.00
FOOT WICE Ail.£Y IN BLOCK 24;
MMC£ N00'10'JJ"W Al.ONG SAil EASTERI.Y LINE A DISTANCE Of 4J.96 f'EET;
THEHC£ N89'18 '54"'E ALONG THE NORTHERLY LINE Of SNO lOT J2 IN 81.0CK 24 A OtSTN-ICE Of
129.44 FEET;
TH£NC£ S00'10 '22"£ ALONC A UN£ 4.50 F'£.ET £AS't£Rl.Y Of~ PAAAUEL 'Nm1 THE PLATTED
WESTERlY RtGHT-Of'-WAY U£ or SOUTH BftONJ#AY STREET A DISTANCE or 199.!17 f[[T TO
THE P(WI' ~ IGINC.
COffTANNC A TOTAi. AREA Of 51 ,787 SQUARE f'EET DR 1.189 ACR(S WORE OR L.£SS.
THE UNDERSIGNED O'"'ER HAS BY TH[Sf PRESENTS LAO WT, PI.ATTEO ANO SlJBOMOEO THE
SA.ME ttTO PA.Ra:lS AS 51-iOWN ON THtS PLAT UNDER THC NA.ME ANO STY\.£ ()f' "SPEER'S
BROADWAY A.OOITIOH , 1ST AMENOMENr , A.NO DOES HEREBY DEDICATE TO THE PUBUC All
RIQH-()f'-WAYS ANO EASEMENTS feff THE PURPOSES SHO. HEREON.
EXEOJT£0 THIS ________ OAY Of _____ A.O. 201.l
OWNl:R ---------
HOLDER OF DEED OF TRUST CERTIFICATE
~----------HEREBY ACKNOYUOGE THAT I AM Tti[
HClDER Of THE DEED Of TRUST OF Tl-£ LA.ND DESCRIBED HEREON.
SIGNATURE TITI..E / Cc».4PA.NY NAME
NOTARY PUBLIC
STATE ()f' COLORAD O )
)SS
COUNTY ()f' ARAPAHO( }
THE FORE~G INSTRWCNT WAS ACKNO'M..EOGEO SEf'ORt ME THIS ___JJAY Of ____ 2013 BY ________ _
NOTARY PUBUC
MTNESS MY HANO ANO SEAi.
MY COMMISSION E.XPIRES: ___ _
APPROVALS
APPRO',{D BY Tl£ DEPARTMENT Of CCI.IWUNlTY DEVCLOPWENT, QTY Of
ENGU>IOOO , COI.ORAOO.
D~ll 07 COJDIUNl'l'Y D/IVllLOPJaNJ'
APPROVED BY THC OEPARTMCNT Of PUBLIC ~S. OTY Of ENCl£WOOO, cot.Oft.I.DO.
DDaCTOll 07 PUBUC rrallDJ
APMO\€D FOR LICAL OETAL S
CITY A1T011Nff DATE
CLERK AND RECORDS CERTIFICATION
DATE
DATE
ACC(Pl[O FOR flLING IN THE OfflCE <Y M Q.ERK AffJ RECMOCR (f" ARAPAHOE COUNTY, STAl[ ~
COLORADO. AT __ O'Q.00( _.W., ~ ntS ___JJAY Of .D .• 2013, RECEPTION
HO. ______ BOOK NO. __ PACE NO(S).
SPEER'S BROADWAY ADDITION, FILING NO. 2
3086 $, BROADWAY _STREET
PART or THI SI 11, or THI N1I' 1/• or SIC. a,
T, ,s., R.88'f. OP THI 8TB P.ll.
CITY OP BNCLE'll'OOD. COUNTY or AIW'AIIOI!. ST.I.Tl! or COLORADO
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CERTIFICATION
An Ordinance approving the Speer's Broadway Addition Filing No . 2, First Amendment,
Major Subdivision located at 3085 South Broadway and 3066 -3090 South Acoma
Street in the City of Englewood, Colorado was passed on final reading on December 16,
2013.
That Ordinance, with attachments, was recorded at Arapahoe County, Colorado,
Reception#: D3149907 on December 18 , 2013.
Attachment 1 to that Ordinance , containing the legal description, contains a
typographical error. That error has been corrected and the Ordinance , with the
corrected Attachment 1, is attached hereto and will be recorded in Arapahoe County,
Colorado .
State of Colorado )
) ss
County of Arapahoe)
Lo rishia A Ellis
City Clerk, City of Englewood, Colorado
he fore oing instrument was subscribed and sworn to before me this / 5fl.sJay of
-....__-d'#fJ~~?t--:-' 2014 by Loucrishia A Ellis as the City of Clerk of the City of
nglewood, olorado.
My Commission Expires:
l"'C:::/\1
--· ·-KERRY BUSH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964018041
MY COMMISSION EXPIRES NOVEMBER 8, 2016 ·
• COUNCIL COMMUNICATION
DATE: December 2, 2013 AGENDA ITEM: SUBJECT: Ordinance Approving the Speer's
11 a iii Broadway Addition Filing 2, 1st Amendment
Major Subdivision
INITIATED BY: STAFF SOURCE: Audra L. Kirk, Planner I
Community Development
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning the proposed Speer's Broadway Addition Filing 2,
1st Amendment Major Subdivision.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission considered the proposed Broadway Addition Filing 2,
1st Amendment Major Subdivision on November 5, 2013. The Commission considered testimony and
voted 8 -1 to forward the proposed Speer's Broadway Addition Filing 2, 1st Amendment Major Subdivision
• with a favorable recommendation for adoption.
RECOMMENDED ACTION
Staff recommends adoption of a proposed bill for an ordinance approving the Speer's Broadway Addition
Filing 2, 1st Amendment Major Subdivision and setting December 16, 2013 as the date for Public Hearing
to consider public testimony on the Major Subdivision. It is understood that Council may also consider the
proposed bill for an ordinance on second reading at the December 16, 2013 Council Meeting.
BACKGROUND
The building located at 3085 South Broadway was used as an indoor amusement establishment from
1994 -2011 and has been vacant since then. Prior to 1994 the building was used as the Englewood Press
building. All five properties were sold to the current owner on January 7, 2011.
Currently there are two single family homes located on two properties that front Acoma Street. These
single family homes were built in 1907 and 1912 and have been single family residences since that time.
Both single family homes will be demolished in order to provide access and parking for the proposed
Chick-fil-A.
Two of the lots facing Acoma Street were used as parking lots for the indoor amusement establishment. A
variance was granted for 3066 South Acoma in July 1973 to permit the installation of a parking lot on an
• undersized site and without the required 25 foot setback in an R-4 (previous zone district). There was a
single family residence that was demolished in 1972 in order to construct the parking lot.
The structures at 3090 South Acoma were demolished in 1974 to be used as additional parking for
Englewood Press. In 1994, Funtastic Nathan's applied for a conditional use permit to operate an indoor •
amusement establishment. A condition of the conditional use was that the use must comply w ith parking
requirements . The lot at 3090 South Acoma was included in total parking calculations, and at that time,
became part of the conditional use that was granted to 3085 South Broadway.
The property's existing zoning designations would not accommodate the proposed development; therefore,
ZC3, LLC began the process of requesting a rezoning to a PUD and amending the current subdivision.
MAJOR SUBDIVISION OVERVIEW
The proposed Preliminary Plat fo r Speer 's Broadway Addition, Filing No. 2, 1st Amendment has been
reviewed by the City's Development Review Team (ORT) and the appropriate outside agencies. The Speer 's
Broadway Addition, Filing No. 2, 1s t Amendment includes :
• The vacation of alley on Lots 18 through 24 on the Acoma side and Lots 25 through 31 Broadway side .
• The vacation of platted lot lines.
• The relocation /dedication of a portion of the alley on portions of Lot 1 7 and Lot 18.
• The dedication of public access on Lot 32 and Lot 31.
• Reservation of an easement for utilities in the vacated portion of the alley.
SUBDIVISION CONSIDERATIONS:
When considering a subdivision plat, City Council must consider the following:
1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately •
adjacent thereto.
The proposed Chick-fil-A Speer's Broadway PUD use is a quick serve restaurant with a drive-through.
The drive-through will be located on the Broadway side of the property; this is compatible with other
uses in the MU-B-2 zone district. The parking will be located on the Acoma fronting properties.
Parking is an allowed use in the MU-R-3-B district when approved through the conditio nal use process .
2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance
with yard area requirements.
The proposed lots are compatible with dimensions established by the Chick-fil-A Speer 's Broadway
PUD.
3 . The availability of all utilities, and the proximity thereof to the area proposed for subdivision .
Public water and sewer along with electric, gas, and communication utilities are available to the subject
property.
4. Topography and natural features of the land with special reference to flood plains .
The subject property is not located within an identified flood plain zone. There are no other special
topography or natural features on the property.
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5 . The continuity of streets and alleys within the area proposed for subdivision, and the design and location of
.such streets and alleys, with relation to existing streets and alleys, both within and without the area proposed
for subdivision, and the Master Street Plan .
The relocation of a portion of the public alley proposed within this subdivision provides the necessary
access to the lots adjacent to the subdivision.
6. All rights-of-way to be designated and located to facilitate the safe movement of pedestrians and bicyclists.
Existing sidewalks will remain .
7. All bicycle and pedestrian facilities shall be selected, located and designed in accordance with current City
standards .
Six bicycle parking facilities are required for this proposed subdivision . Sidewalks are provided.
8 . The location of utility and other easements.
All required easements have been included on the plat. See Preliminary Plat.
9 . The location of, and provision for , public areas, including land reserved for parks, schools and other public
uses.
The easements necessary for public uses and utilities are dedicated on the subdivision plat.
• 10 . The method of handling drainage and surface water.
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A drainage study has been completed as part of the proposed Planned Unit Development application .
Drainage issues have been addressed and will be monitored in the development permit process.
FINANCIAL IMPACT
The proposed Chick-fil-A Speer's Broadway redevelopment will generate approximately $105,000 in tax
revenue annually.
UST OF ATTACHMENTS
Planning Commission Staff Report including:
Exhibit C -Neighborhood Meeting
Exhibit D -Xcel Energy Letter
Exhibit E -Century Link Letter
Planning Commission Minutes (November 5, 2013)
Planning Commission Findings of Fact
Proposed Bill for and Ordinance
C T y 0 F
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COMMUNITY
ENGLEWOOD
DEVELOPMENT
TO:
THRU:
FROM:
DATE:
Planning and Zoning Commission .
Chris Neubecker, Senior Planner ✓
Audra L. l<irk, Planner I ✓
November 5, 2013
SUBJECT: Case ZON2013-002 -Public Hearing
Chick-fil-A at Speer's Broadway PUD
Case SUB2013-008 -Public Hearing
Speer's Broadway Addition Filing 2, 1st Amendment Major Subdivision
APPLICANT:
ZC3, LLC
8757 Mallard Place
Littleton, CO 80126
PROPERTY OWNER:
3085 South Broadway Partners, LLC
1873 South Bellaire Street #825
Denver, CO 80222
PROPERTY ADDRESSES:
3085 South Broadway
3066 South Acoma Street
3072 South Acoma Street
3086 South Acoma Street
3090 South Acoma Street
REQUEST:
PIN# 1971-34-2-18-030
PIN# 1971-34-2-18-011
PIN# 1971-34-2-18-012
PIN# 1971-34-2-18-013
PIN# 1971 -34-2-18-014
The applicant has submitted an application to rezone the parcels above from MU-R-3-A,
and MU-B-2 zone districts to Planned Unit Development (PUD). The proposed PUD would
allow a drive through restaurant. The applicant has also submitted an application fo r a
Major Subdivision for the property contained in the PUD .
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303-783-6895
www.e11glewoodgov.org
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RECOMMENDATION:
Case ZON2013-002: The Department of Community Development recommends that the
Planning and Zoning Commission 1·eview the Chick-fil-A at Speer's Broadway PUD request
and forward a favorable recommendation for approval to City Council.
Case SUB2013-008: The Community Development Department recommends approval of
the Speer's Broadway Addition Filing 2, 1st Amendment Major Subdivision . Staff
recommends that the final plat be forwarded to Council with a recommendation for
approval.
LEGAL DESCRIPTIONS:
PIN#: l 971-34-2-18-030 LOTS 25-32 BU< 24 SPEERS BDWY ADD TOG WITH THAT PART
OF VACATED S BROADWAY ST ADJ ON THE EAST
PIN#: 1971-34-2-18-01 l S 1 /2 OF 17 ALL OF 18 BLI< 24 SPEERS BDWY ADD
PIN#: l 971-34-2-18-012 LOTS 19-20 BU< 24 SPEERS BDWY ADD
PIN#: l 971-34-2-18-013 LOTS 21-22 BLK 24 SPEERS BDWY ADD
PIN#: l 971-34-2-18-014 LOTS 23-24 BU< 24 SPEERS BDWY ADD 3090 S ACOMA
EXISTING ZONE DISTRICTS:
MU-R-3-A Low Density Residential and Limited Office Zone District, and MU-B-2 Gene1·al
Arterial Business Zone District.
PROPERTY LOCATION AND SURROUNDING LAND USE:
The subject property of this PUD is located on five parcels.
Parcel fronting Broadway is located at the northwest corner of South Broadway and West
Dartmouth Avenue. Land to the north, east and south of this parcel is zoned MU-8-2
Mixed-Use General Arterial Business District and contains commercial uses.
Parcels fronting Acoma are located at the northeast comer of South Acoma Street and
West Dartmouth Avenue. Land to the north of these parcels are zoned MU-R-3-A Low
Density Residential and Limited Office Zone District. Land to the west of these parcels are
zoned MU-R-3-B Medium to High Density Residential and Limited Office Zone Distri c t.
Land south of these parcels (south of Dartmouth Avenue) is zoned R-2-B Medium Density
one and Multi-Dwelling unit Residential Zone District.
PUD AND SUBDIVISION PROCEDURE:
Rezoning to a PUD requires the applicant to have a pre-application meeting with staff, and
a neighborhood meeting with owners and tenants located within 1,000 feet of the
proposed PUD. After the neighborhood meeting a forrnal application is made to the City
and reviewed by City departments and other affected outside agencies . A public hearing is
held before the Planning and Zoning Commission and City Council. If the PUD is
approved there is a 30 day referendum time period before becoming effecti v e .
2
Since the information required and testimony necessary for both the PUD and Subdi v ision •
cases are parallel, the requests are being considered within a single hearing; however, each
case will require a separate motion from the Planning Commission.
BACKGROUND:
The Planned Unit Development is a rezoning process that establishes specific zoning and
site planning criteria to meet the needs of a specific development proposal that may not be
accommodated within existing zoning development regulations . A PUD rezoning provides
the opportunity for unified development control for multiple properties or multiple uses.
The building located at 3085 South Broadway has been used as an indoor amusement
establishment from 1994 -2011 and has been vacant since then. Prior to 1994 the
building was used as the Englewood Pr ess building. All five prope1·ties weI·e sold to the
current owner on January 7, 2011.
Currently there are two single family homes located on two properties that front Acoma
Street. The se single family homes were built in 1907 and 1912 and have b een single family
residences since that time. Both single family homes will be demolished in order to provide
access and parking for the proposed Chick-fil-A.
Two of the lots facing Acoma Street were used as parking lots for the indoor amusement
establishment. A variance was granted for 3066 South Acoma in July 1973 to permit the
installation of a parking lot on an undersized site and without the required 25 foot setb ack •
in an R-4 (previous zone district). There was a single family residence that was demolish ed
in 1972 in order to construct the parking lot.
The structures at 3090 South Acoma were demolished in 1974 to be used as additional
parking for Englewood Press. In 1994, Funtastic Nathan's applied for a conditional use
permit to operate an indoor amusement establishment. A condition of the conditional use
was that the use must comply with parking requirements. The lot at 3090 South Acoma
was included in total parking calculations, and at that time, became part of the conditional
use that was granted to 3085 South Broadway.
NEIGHBORHOOD MEETING SUMMARY:
The applicant conducted a neighborhood meeting on July 31, 2013. Notice of the meeting
was mailed to property owners and occupants of property within 1000 feet of the site.
Neighborhood meeting notes are attached to this report (See Exhibit C).
CITY DEPARTMENT AND DIVISION REVIEW:
The Chick-fil-A at Speer 's Broadway PUD, Speer's Broadway Addition Filing 2 M ajor
Subdivision, and subsequent revisions were reviewed by the City's Development Review
Team (ORT) on July 30 111, Septembe1· 9 th
, and September 24 th of 2013. Identified issues
were addressed by the applicant and the final Chick-fil-A at Speer 's Bro adway PUD and
Speer's Broadway Addition Filing 2, 1st Amendment Major Subdivision were submitted on
October 23, 2013.
3
•
• OUTSIDE AGENCY COMMENTS:
Preliminary plans of the proposed Chick-fil-A at Speer 's Broadway PUD and Speer's
Broadway Addition Filing 2, 1st Amendment Major Subdivision were referred fo RTD, Xce l
Energy, Century Link, and Comcast. Xcel Energy and Century Link provided written
comments that are attached as Exhibits D-E. There were no objections in the comments
re ceived provided an easement is retained for existing facilities, and that the applicant
continues working with the agencies' individual processes. If any other formal comments
are received before the public hearing, Staff will present them during the hearing. RTD did
not provide comments.
PUD OVERVIEW:
The proposed Chick-fil-A at Speer's Broadway PUD would include a drive-through Chick-fil-
A restaurant and associated parking. Access to the site would be off of Broadway, Acoma
and through the alley between Acoma and Broadway. The restaurant will be situated on
the east side of the vacated alley with parking and access to the drive through on the west
side of the vacated alley. Residences on Acoma Street that face east wi ll be sueened by a
four foot solid wall.
Permitted Uses: The Chick-fil-A at Speer's Broadway PUD will allow a drive-through
restaurant in addition to many other commercial uses as outlined on page one of the PUD.
Dimensional Standards: The following table provides a comparison between the
• property's existing zone classifications and the proposed PUD.
•
One-Unit Dwelling
One-Unit Dwelling
on a Small Lot
Multi-Unit Dwelling
(Maximum Units
Based on Lot Area &
Width)
P1·ivate Off-Street
Parkin
6,000 None 40
4,000 None 35
3,000 per unit None 60
12,000 None 70
4
50 32 25 5 20
40 32 25 3 20
25 per 32 25 5 25 unit
None n/a 25 15 15
Office, Limited
All Other Allowed
Uses
15,000
24,000
MU-B-2 District (cast side of ro osed PUD)
Multi-Unit Dwelling
All Other Allowed
Uses
None
None
(Excluding
the gross
floor area
of parking
structure s)
None
None
None
Proposed Chick-fil-A at Speer's Broadway PUD
All Allowed Uses None None
50
60
None
None
None
None 32
200 32
None 60
None 60
None 60
25
25
0 and
no
more
than 5
feet
0 and
110
more
than 5
feet
15
25
0
0
25
25
5
5
Varies depending on
street frontage: 0 to 5
feet, see PUD
Setbacks: A setback is the minimum distance a structure must be located from a property
line. The proposed PUD's setbacks are as follows:
From (East) Broadway -0 or 5 feet maximum
From (South) Dartmouth -0 or 5 feet maximum
From (North) -0 feet
From (West) Acoma -0 feet
Building Height: The proposed maximum bui lding height in the PUD is 60 feet.
Parking: The proposed Chick-fil-A Speer 's Broadway PUD will follow the parking
regulations outlined in 16-6-4 of the Unified Development Code (UDC) for a drive through
restaurant. These requi1·ements are 1 space per 100 s.f. of building, based on the proposed
building size this equals 46 spaces, with 3 accessible parking spaces. Chick-fil-A will be
providing an additional parking space for a total of 47 spaces. Bicycle parking will be
required at a rate of one bicycle space each for 10 required parking spaces. Chick-fil-A will
be providing a total of 6 bicycle pa1-king spaces.
Traffic: The Traffic Impact Study looked into potential t1·affic related impacts on the street
network connected with the proposed development. The analysis was completed for the
•
•
period ending 2015, as well as for 2035 long-term twenty year horizon; with intersections •
5
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•
of Dartmouth and Broadway, Dartmouth and Acoma, and Acoma and Cornell included in
this traffic study. The following is a brief summary of findings and recommendations:
• There are two access points to the Chick-fil-A site; right-in /right-out access located
on Broadway, and full movement access from Acoma Street. It is believed that up
to 70% of Chick-fil-A patrons will use the Acoma driveway
• The daily traffic volume on Acoma Street will notably increase; however, the level of
traffic volume will stay in the range that could be found on some other local streets
• Increased travel demands could be expected at the Dartmouth and Broadway, and
Dartmouth and Acoma intersections. To minimize these impacts, the study provides
the following recommendations for consideration to implement with the proposed
construction:
► Lengthen the northbound left turn lane on Broadway at Dartmouth
► Lengthen both eastbound and westbound left turn lanes on
Dartmouth at Broadway
► Establish new left turn lanes for the eastbound and westbound
directions on Dartmouth at Acoma
► Restrict parking along the east side of Acoma adjacent to the Chick-fil-
A site
Staff agrees with the study conclusion that the proposed eastbound and westbound left
turn lane modifications at Dartmouth and Broadway, and the installation of new left turn
lanes at Dartmouth and Acoma, would require on-street parking restrictions on Dartmouth
Avenue. Furthermore, it is noted in the study, that lengthening left turns on Da1·tmouth at
Broadway may impact business and alley accesses along Dartmouth on both sides of
Broadway. However, it is fair to say that the existing vehicle queues from the Dartmouth
and Broadway intersection already extend past these driveways/alleys during the afternoon
peak hours.
In summary, please note that staff closely reviewed this Traffic Impact Study and is in
agreement with the study findings.
Signage: The proposed PUD will follow the signage regulations outlined in 16-6-13 of the
UDC as amended.
Landscaping: The UDC requires that a minimum of 10% of the property be landscaped fm
commercial uses in the MU-B-2 zone districts. The Chick-fil-A Speer's Broadway PUD
proposes a minimum of 22% of the property be landscaped . The PUD will meet the
requirements of the UDC in terms of plant quantities and sizes; additionally, 50% of the
required trees must be located between the building and street which will result in street
trees for the project.
6
Screening and Fencing: The PUD proposes a 4 foot high fence/wall between the parking •
lot and existing residential uses at the western boundary along South Acoma. The
fence /wall must be consistent with the overall build ing design. Al l other screening or
fencing must comply with the requirements of the UDC.
Drainage: The preliminary Drainage Report and Plan were reviewed and approved by the
City's Public Works Departrnent.
PUD SUMMARY:
The proposed Chick-fil-A Speer's Broadway PUD has been reviewed by the City's
Development Review Team (ORT) and the appropriate outside agencies. Issues identified
by the ORT were addressed by the applicant and there were no objections from the outside
agenc i es provided that the applicant continues working with the agencies' individual
processes . The PUD documents are comp le te and no additional conditions of approval a1·e
recommended at this time. Therefore, the Community Development Department
recommends that the Planning and Zoning Commission review the Chick-fil-A Speer 's
Broad way PUD request and forward a favor ab le recommendation for approval to City
Council.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS:
The Planning and Zoning Commission is to review the Chick-fil-A Speer 's Broadway PUD
request, and following the public hearing, may recommend that the Council approve, deny,
or approve the rezoning with conditions. In its review of the application, the Commission's
recommendations should include findings on each of the fol lowing points:
1. The application is or is not in conformance with the C,omprehensive Plan and this Title
(UDC).
The Chick-fil-A Speer's Broadway PUD conforms to the Comprehensive Plan strategy
of redevelopment. The Business and Employment Strategic Plan Objective 1-2 states,
"Actively engage in expanding existing Englewood businesses and att1·acting new
businesses to the city". A typical Chick-fil-A store will generate approximately $3.0
million in sales, which would equate to approximately $10 5,000 in tax revenue to
the City of Englewood.
2. The application is or is not consistent with adopted and generally accepted standards of
development in the City.
The Chick-fil-A Speer 's Broadway PUD is consistent with adopted and generally
accepted development standards established by the City of Englewood . The
application was reviewed by the City's Development Review Team (ORT) and the
appropriate outside agencies. All comments were addressed by the applicant.
3. The app li cation is or is not substantially cons ist ent with the goals, objectives, design
guidelines, policies and any other ordinance, law, or requirement of the City.
7
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•
The Chick-fil-A Spee1·'s Broadway PUD is substantially consistent with the goals,
objectives, design guidelines, policies, and other ordinances, laws and requirements
of the City.
SUBDIVISION SUMMARY:
The proposed Preliminary Plat for Speer's Broadway Addition, Filing No. 2, 1st Amencln-ient
has been reviewed by the City's Development Review Team (ORT) and the appropriate
outside agencies. The Speer's Broadway Addition, Filing No. 2, 1st Amendment includes:
• The vacation of alley on Lots 18 through 24 on the Acoma side and Lots 25 through 31
Broadway side.
• The vacation of platted lot lines.
• The relocation/dedication of a portion of the alley on portions of Lot 1 7 and Lot 18.
• The dedication of public access on Lot 32 and Lot 31.
Issues identified by the ORT were addressed by the applicant and there weI·e no objections
from the outside agencies provided that the applicant continues working with the agencies '
individual processes. Therefore, the Community Development Department recommends
approval of the Speer's Broadway Addition, Filing No.2 1st Amendment. If the Commission
requires no changes from the Preliminary Plat to the Final Plat, staff recommends that the
Final Plat be forwarded to Council with a recommendation for approval .
SUBDIVISION CONSIDERATIONS:
When considering a subdivision plat, the Commission must consider the following:
1. The zoning of the property proposed for subdivision, together with the zoning of the areas
immediately adjacent thereto.
The proposed Chick-fil-A Speer's Broadway PUD use is quick serve restaurant with a
drive-through. The drive-through will be located on the Broadway side of the property;
this is compatible with other uses in the MU-B -2 zone district. The parking will be
located on the Acoma fronting properties. Parking is an allowed use in the MU-R-3-B
district when approved through the conditional use process.
2. The proposed layout of lots and blocks and the proposed dirnensions thereof to
demonstrate compliance with yard area requirements.
The proposed lots are compatible with dimensions established by the Chick-fil-A
Speer's Broadway PUD.
3. The availability of all utilities, and the proximity thereof to the area proposed for
subdivision .
Public water and sewer along with electric, gas, and communication utilities are
• available to the subject property.
8
4. Topography and natural features of the lane/ with special reference to flood plains.
The subject property is not located within an identified flood plain zone. There are no
other special topography or natural features on the property.
5. The continuity of streets and alleys within the area proposed for subdivision, and the
design and location of such streets and alleys, with relation to existing streets and alleys, both
within and without the area proposed for subdivision, and the Master Street Plan.
The relocation of a portion of the pub lic alley proposed within this subdivision provides
the necessary access to the lots adjacent to the subdivision.
6. All rights-of-way to be designated and located to facilitate the safe rnovern en t of
pedestrians and bicyclists.
Existing sidewalks will remain.
7. All bicycle and pedestrian facilities shall be selected, locat ed and designed in acco rdanc e
with current City standards.
Six bicycle parking facilities are required for this proposed subdivision. Sidewalks are
provided .
8. The location of utility and other easements.
All required easements have been included on the plat. See Preliminary Plat.
9. The location of, and provision for , public areas, including land reserved for parks , sc hools
and other public uses.
The easements necessary for public uses and utilities are dedicated on the subdivision
plat.
10. The method of handling drainage and surface water.
A drainage study has been completed as part of the proposed Planned Unit
Development application. Drainage issues have been addressed and will be monitored
in the development permit proces s.
ATTACHMENTS:
Exhibit A: Chick-fil-A at Speer's Broadway PUD
Exhibit B: Speer's Broadway Addition Filing 2, 1st Amendment Major Subdivision
Exhibit C: Neighborhood Meeting Summary -July 31, 2013
Exhib it D: Xce l Energy -Letter dated August 6, 2013
Exhibit E: Centurylink -Letter dated June 27, 2013
9
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)
,·)
' ; ......
Chick-fil-A Neighborhood Meeting 7 /31 /13
6:00 p.m.
Mayflower Congregational Church
3001 South Acoma Street
29 people attended the meeting
Zell Cantrell from ZC3 gave a brief presentation of the proposed project. He explained that ZC3
and Merrick & Company have submitted for a Planned Unit Development, to rezone the properties
at 3085 South Broadway to allow for a drive through restaurant, and to allow for the properties
along Acoma to be used as a parking lot. Mr. Cantrell explained that the al ley would be re-routed
to exit onto either Acoma or to Broadway. He also explained that the building and the drive
through are designed so that pedestrians will neve r have to cross the drive throu gh as they do at
other drive through restaurants.
Following are some questions from the public, and answers provided by the app licants:
Q: What is the timing? I live in one of the houses that will be torn down.
We wo uld like to be open spring of ne xt year, but it may be more like summer of next year .
2014.
Q: Do you know how close you are to a school zone?
I believe that we are only 1 to 2 blocks from the nearest school.
Q: How close is the nearest Chick-fil-A?
The nearest one is at Riverpoint in Sheridan .
Q: Will this new restaurant affect my water pressure?
No.
Q: Do you still use Styrofoam cups?
Yes, but we are looking for other solutions.
Q: Don't you own the Styrofoam cup company?
No.
Q: Was a traffic study done on Dartmouth?
Yes, it is available at the City of Englewood.
Q: Traffic flow is difficult now, how are you going to handle increased traffic?
We w ill increase the left hand turns at Broadway and Dartmouth to extend queuing.
Q: Will you be taking property along Dartmouth?
No, that is not our intention.
Q: Walking along Broadway and Dartmouth is already very dangerous, and I have complained
to the city already, how will this be addressed?
EXHIBIT C
•
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•
Q: Acoma is already narrow, and I need to back into my drive to avoid hitting people as I pull
out, added parking on Acoma could make this even more dange rous.
We ca n re stri ct p arking o n A co m a.
Q: Right now, there is too much green light time on Broadway and not enough on Dartmouth,
how will this be addressed?
W e ca n ch an ge th e timin g o n D ar t mo uth t o inc re ase gree n li ght tim e.
Q : Is there any way to get permit parking for Acoma?
(J J) Sur e .... Ju st go to th e c ity . Yo u w ill need t o g et a maj o rity ap prova l fro m res id e nts of th e
bl o ck .
Q: Can you reduce the speed limit on Acoma?
(J J) Yes, if th at is th e des ir e o f th e bl ock.
Q: Can you add a stop sign at Yale and one at Dartmouth?
That is so m ethin g th at we ca n di sc uss wi th th e C ity.
Q: I am a new business with 3 parking spots, most of m y customers park on the street. The
traffic that is being created will piss my customers off.
W e ar e c urrentl y ove r p ark ed. Th e city requires u s t o h ave 46 spo t s an d we are at 54.
Park in g o n th e stre et sh o uld no t be an issu e.
Q: What are the hours?
6 :00 a.m . t o 10:00 p.m .
() Q: How will the PUD affect our property values? 9 (J J) Thi s w ill b e be tte r th an a vaca nt lot.
Q: How many jobs will this produce?
Th e r e w ill be t e m po r ary co nstru cti o n j obs. On ce th e st ore is o p e n th ere w ill be
ap prox imat e ly 1 00 e mpl oyee s.
Q: I would rather have a Chick-fil-A than a Gothic or a Felt. Chick-fil-A maintains their property.
Q: What would the delivery times be?
That has no t bee n d etermined, b ut th ey are locati o n sp ec ifi c, an d never ve ry ear ly.
Q: Will you still provide spirit nights, college scholarships, community involvement? I'm
younger and I wouldn't have gone to college without Chick-fil-A. CFA changed my life.
Ye s! CF A is ve ry in vo lve d in th e co mmunity ! We o nl y have fra nc hi se ow n er s th at are w illi ng
t o be co nn ec t e d to the co mmunity. We do no t all ow abs entee fr an c hi se ow ner s. W e h ave 1 700
fra nc hi se ow ne rs, th e m ax imum numb er of st o res is 2, and t h e re are o nl y a handful of th ose. We
typ ic all y get 20,000 appli c ati o ns fo r fran c his es a yea r and o nl y pi c k 5 0.
Q: Have you purchased the building yet?
No, we ar e un d er co ntract.
Q: Wh e re is the trash enclosure? Is it possible to put it cl o ser to the alley?
, ') Yes, th at is a poss ibility, and a good idea . ••
)
C)
Q: I don't like you tearing down two houses.
Q: Will this CFA have a playground?
Yes.
Q: Is anything about the design bothering you? (to cfa rep)
Yes, it's not often that we are not well received, and it doesn't make me comfortable . This is
probably only the second meeting in eight years that I've had this many concerns. We will listen to
your concerns and try to accommodate them whenever possible.
Q: What's in place for the smell of fried food?
There is a hood vent that will help to eliminate orders. To be honest, we have never had a
complaint of food smelling .
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()
(l Xcel EnergysM
PUBLIC SERVICE COMPANY
August 6, 2013
City of Englewood Community Development
1000 Englewood Parkway
Englewood, Colorado 80110
Attn: Audra Kirk
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303 .571 .3306
Facsimile: 303. 571 .3 660
donna.l .george@xcelenergy.com
Re: 3085 South Broadway -Chick-fil-A -2nd referral, Case # ZON2013-002
Public Service Company of Colorado (PSCo) has reviewed the plans for 3085 South Broadway -
Chick-fil-A -2nd referral. Please be aware PSCo owns and operates existing gas and electric
facilities within the proposed project area, including the alley proposed to be vacated . PSCo
acknowledges the planned sixteen-foot ( 16') easement to be retained within this alley vacation
area .
•
If the property owner/developer/contractor has not already done so, they must contact the •
Builder's Call Line at 1-800-628-2121 to re-apply for any new gas or electric service, or
modification to existing facilities. It is then the responsibility of the developer to contact the
Designer assigned to the project for approval of design details. Additional easements may need to
be acquired by separate document for new facilities .
Pertaining to the previous plans, the developer is reminded to refer to the attached planting
guidelines with specific reference to the planned trees in the two islands in the alignment with the
current alley, and the planned third tree from the left along West Dartmouth Street, and their
proximity to the existing overhead electric lines.
As a safety precaution, PSCo would also like to remind the developer to call the Utility
Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. If you
have any questions about this referral response, please contact me at (303) 571-3306.
Sincerely,
Donna George
Contract Right of Way Referral Processor
Public Service Company of Colorado
EXHIBIT D •
(l Xcel Energy"
PUBLIC SERVICE COMPANY
Guidelines for Planting In or Near Rights-of-Way and Utility Facilities
(Including Approved Species List)
OVERHEAD TRANSMISSION & DISTRIBUTION LINES
• Trees growing taller than 20 feet should not be planted within transmission line rights-of-way.
• Trees growing taller than 20 feet should not be planted within distribution line rights-of-way. However, they may
be planted at least 20 feet (horizontally) from overhead electric distribution lines.
• Trees with a maximum mature height of less than 20 feet may be planted beneath overhead electric
transmission and distribution lines except when near structures . Please see list of compatible tree species listed
below.
OVERHEAD TRANSMISSION & DISTRIBUTION LINE STRUCTURES
• Trees should be planted at least 15 feet from transmission and distribution poles and structures .
• Shrubs, ground covers, and flowerbeds can be planted up to the base of poles and structures . However, plant
material may be destroyed during groundline inspection of wood structures for underground decay. Damaged or
destroyed plant material will not be replaced.
UNDERGROUND ELECTRIC OR GAS LINES
• Avoid placement of shrubs and trees over underground facilities and in front of the access doors of pad-
mounted underground equipment. This will help avoid having to move and possibly destroy plants during
maintenance and repair operations. Damaged or destroyed plant material will not be replaced .
• If planting above underground facilities cannot be avoided, plant materials with roots that extend less than 18
inches below grade at maturity should be used.
• Please call UNCC for locates before you dig! (800) 922-1987.
The following tree and shrub species have been approved by PSCo's Vegetation Management
Department for planting near overhead lines:
DECIDUOUS
Adams Flowering Crabapple
Amur Maple
Assorted Fruit Trees
Autumn Brilliance Serviceberry
Camperdown Elm
Canada Red Cherry
Centurion Flowering Crabapple
Cockspur Thornless Hawthorn
Cumulus Serviceberry
European Mountain Ash
Goldenrain tree
Nannyberry
Newport Plum
Princess Kay Plum
Radiant Flowering Crabapple
Robin Hill Serviceberry
Rocky Mountain Birch
Spring Snow Flowering Crabapple
Toba Hawthorne
Washington Hawthorne
EVERGREENS
Dwarf Austrian Pine
Fat Albert Blue Spruce
Mugo Pine
Pinon Pine
Matus 'Adams'
Acer ginna/a
Apple, Sour Cherry, Peach, Plum
Amelanchier grandiflora
Ulmus glabra 'Camperdownii'
Prunus virginiana 'Shubert'
Ma/us 'Centurion'
Crataegus crus-gal/i inermis
Amelanchier /aevis 'Cumulus'
Sorbus aucuparia
Koelreuteria paniculata
Viburnum lentago
Prunus x cerasifera 'Newport'
Prunus nigra 'Princess Kay'
Ma/us 'Radiant'
Amelanchier x grandiflora 'Robin Hill'
Betula fontinalis
Ma/us 'Spring Snow'
Crataegus x mordenensis 'Toba'
Crataegus phaenopyrum cordatum
Pinus nigra 'Hornbrookiania'
Picea glauca a/bertiana conica
Pinus mugo
Pinus edu/is
Fo r add it iona l in formation contact PSCo 's Vegetation Management Depa rtment: (303) 628-2706 [V ER: 09/12]
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July 27, 2013
City of Engl ewood
Community Development D epartment
Ms. Audra L. Kirk, P lanner I
1000 Englewood Parkway
Englewood, CO 80110 ·
RE: Case No.: ZON2013-002
Chick-Fil-A
3085 S. Broadway, Englewood, Colorado
Dear Ms. Kirk,
Qwest Corporation d/b /a Century Link QC has reviewed the materials provided by this proposal.
Century Link has no objection to the proposal.
The Developer is encouraged to contact CenturyLink Field Engineer Ron Hickman at
720 .578.5139, or at ron.hickman@centurylink.com , to discuss removal of any existing
CenturyLink facilities serving the existing site and for conduit recommendations for extending
telecommunications services to the new building.
Sincerely,
Charles Place
Right of Way Manager
CenturyLink
7759 S. Wheeling Ct.
Englewood, CO 80112
720.578.5132
EXHIB IT E
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR MEETING
November 5, 2013
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was ca lled to order at
7:00 p.m. in the City Council Conference Room of the Englewood Civic Center, Chair Brick
presiding,
Present : King, Bleile, Townley, Knoth, Fish , Roth , Welker, Kinton, Brick, Freemire
(alternate)
It was determined that a quorum was present.
Absent: None
Staff: Alan White, Director
Chris Neubecker, Senior Planner
Audra Kirk, Planner I
Nancy Reid, Assistant City Attorney
APPROVAL OF MINUTES
October 22, 2013
Welker moved;
Fish seconded: TO APPROVE THE OCTOBER 22, 2013 MINUTES
Chair Brick asked if there were any modifications or corrections. There were no changes to
the minutes.
AYES:
NAYS:
ABSTAIN:
ABSENT:
King, Bleile, Townley, Knoth, Fish, Roth , Welker, Kinton, Bri ck
None
None
None
Motion carried.
'~ ~~
Ill. PUBLIC HEARING
ZON2013-002 Chick-fil-A at Speer's Broadway PUD
Page 1 of 6
•
•
•
'·
Roth moved;
Bleile seconded: To open the Public Hearing for SUB2013-008 Speer's Broadway Addition
• Filing 2, 1st Amendment Major Subdivision
•
•
A YES: King, Bleile, Townley, Knoth, Fish, Roth, Welker, Kinton, Chair Brick
NAYS: None
Audra Kirk, Planner I, was sworn in. Ms. Kirk presented the Staff Report outlining the
proposed PUD and Subdivision at the northwest corner of Broadway and Dartmouth
Avenue. The proposed development is a Chick-fil -A restaurant.
Members of the Planning and Zoning Commission were given the opportunity to ask
questions of Ms. Kirk regarding the information presented. Mr. Knoth inquired about the
timing of the traffic light at the intersection and Ms. Kirk deferred the question to the Public
Works Department.
~
Zell Cantrell, applicant for the proposed PUD, was sworn in . Mr. Cantrell presented the
details of the development and provided slides with illustrations of the site plan and
elevations of the proposed Chick-fil-A restaurant.
~ ~.¥-=.
Mr. Cantrell answered questions from the Commissioners regarding the development. He
fielded questions regarding the design of the development with regard to the building,
lan~scaping, parking and traffic management.
~
Mr. Steve Lewis , Director of Restaurant Development, Chick-fil-A corporate office, Atlanta
Georgia, was sworn in. Mr. Lewis described the corporate culture and history of Chick-fil-A
including information regarding Chick-fil-A's involvement in the community. He explained
the Chick-fil-A urban strategy and their approach to infill development and standalone
stores in the absence of vacant land for building stores.
El
Mr. Fish inquired about the purchase of the two residential properties in addition to the
commercial property; Mr. Cantrell stated that they are under contract with one seller,
c,o~,tingent on entitlements and discretionary approvals of the development. e
Mr. Roth asked about the volume of traffic that can be expected with the development.
According to the traffic study, approximately 111 additional vehicles would be using the
property during peak daytime hours and 75 during evening hours. According to the traffic
S!u~y, 60% of the traffic is anticipated to use the Acoma access point.
~
Mr. Welker continued the questioning regarding the topic of traffic congestion and impact
on pedestrian access to the site.
:~-,-
: i,; ·= \;:;.,:::::::,.
Curtis Rowe, Traffic Engineer, Kimley Horn and Associates, 990 S. Broadway, was sworn in .
He provided details regarding the anticipated traffic patterns surrounding the restaurant.
~
Page 2 of 6
Signage and li ghting were also discussed; the signage will be a pole sign conforming to Oty
Code. Parking on Acoma will not be impacted. The sight triangle will be intact as the wall
on the west side of the property will be inside the detached sidewalk. •
Bev Cummins, 3048 South Acoma, was sworn in . Ms . Cummins expressed that she is not t ~~vor of the development plan.
:~
Patrick Madrid, 3369 South Grant Street, was sworn in. Mr. Madrid is opposed to the
development, being of the opinion that another type of business would be preferable . You
c=rn't build a community on fast food. People want to live near S. Pearl Street. Old South
Gaylord and Littleton downtown. How do we want Englewood to develop? People won 't
move here for Chick-fil-A.
Jill Gustine, 3168 South Acoma Street, was sworn in. Ms. Gustine is opposed to the
development because of potential traffic issues. We need to support small businesses.
Pedestrian areas are needed to attract local investors. Need to focus on pedestrians and
walkability, not more traffic. People vie to get into those walkable neighborhoods. Not fast
food and car lots. Its terrifying to walk near here with kids.
Breridy Rice, 3167 South Acoma Street, was sworn in. Ms. Rice is opposed to the
development because of potential traffic issues. Lots of young families around this area.
Can't imagine kids on bikes on Acoma Street. Concern with property values. Chick-fil-A will
'ihelp. •
Kevin Clark, 3167 South Acoma Street, was sworn in. Mr. Clark 1s opposed to the
de~elopment and expressed concern about the type of business.
El
Danielle Nougier, 3084 South Bannock Street, was sworn in. Ms . Nougier is opposed to
the development because of traffic issues.
;~ ~
Erica Bond, 3133 South Acoma Street, was sworn 111. Ms. Bond 1s opposed to the
development because of traffic issues.
Chris Diedrich, 2946 South Bannock Street, was sworn in. Mr. Diedrich is opposed to the
dev:elopment because of the type of business.
~
Bob Hurt, 2956 South Sherman Street, was sworn 111. Mr. Hurt 1s 111 favor of the
development.
EJ
Linda Orloski, 9088 West Flamingo Way, was sworn 111. Ms. Orloski 1s in favor of the
dE=v~lopment.
lB
Chair Brick stated that the Public portion of the hearing ended.
~
Page 3 of 6 •
•
•
•
Staff Rebuttal
Audra Kirk, Planner I, addressed the issue of the sight triangles and commented that the
plan would be reviewed when the construction drawings are submitted for permit. A
photometric lighting plan is included in the plans provided and the lighting does not
encroach into the adjacent property. Economic benefits from the restaurant are estimated
to be $105,000 per year in tax revenue.
Chair Brick requested that Director White be sworn in.
~ -
.
Alan White, Community Development Director, was sworn in. Mr. White responded to
Chair Brick's question as to whether or not other entities had shown interest in the
property. In the last 6-1 /2 yea rs, there have been other proposals but non e that advanced
beyond the initial inquiry.
JJj
Mr. Fish inquired about traffic generated by different types of busin esses. Director White
responded that the traffic from this particular use would fall into the medium to high trip
generation category, but that many customers are already travelling on these roads.
:~
Ms. Townley asked how the development would fit with the Master Plan for bicycle traffic
and bike lane on Dartmouth. Director White responded that the current plan does not
impact the plan for a bike lane .
·El
Mr. Welker asked if there was a possibility of increasing the width of the ri ght of way on
Broadway or Dartmouth. Planner Kirk responded that was not previously discussed. Mr .
Welker asked if there were plans to mitigate the conflict between parking on Acoma and
the turn into the property. Planner Kirk stated that there is accommodation in the current
plan, which removes a few parking spaces on Acoma directly behind this site.
~
Rebuttal by Applicant
Job generation would be 75 people when the store opens and wo uld most likely be
50-65 people once the store has operated for a while.
This store is projected to generate approximately $3 million in a nnual sales.
Businesses adjacent to other Chick-fil-A stores historically benefit from increased
traffic.
Chick-fil-A stores are typically one owner operations, i.e . owners only own o ne
location. It is a family oriented corporate culture and supports the local community.
The traffic study was conducted twice, once prior to the proposal submission in Jul y
and a second time, in September, after the report was subm itted at the suggestion of the
Traffic Department.
i@
Chair Brick requested a motion to close the Public H ea ring .
Fish moved;
Knoth seconded: TO CLOSE THE PUBLIC HEARING REGARDING ZON2013-002 CHICK-
FIL-A AT SPEER 'S BROADWAY PUD
AYES: King, Bleile, Townley, Knoth, Fish, Roth , Welker, Kinton, Brick
Page 4 of 6
NAYS:
ABSTAIN:
ABSENT:
~ ~
None
None
None
MOTION TO ACCEPT STAFF RECOMMENDATION TO APPROVE ZON2013-002 CHICK-
FIL-A AT SPEER'S BROADWAY PUD
Knoth moved;
Welker seconded: TO ACCEPT STAFF RECOMMENDATION TO APPROVE ZON2013-
00 2 CHICK-FIL-A AT SPEER 'S BROADWAY PUD
~ ... ,
-
.
Dis~ussion by the Commissioners regarding the acceptance of the Staff's recommendation.
~ t~
AYES:
NAYS:
ABSTAIN:
ABSENT:
Knoth moved;
King, Townley, Knoth, Fish, Roth, Welker, Brick
Bleile, Kinton
None
None
King seconded: TO ACCEPT STAFF RECOMMENDATION TO APPROVE SUB2013 -008
CHICK-FIL-A AT SPEER 'S BROADWAY ADDITION FILING 2, 15T AMEMDMENT MAJOR
SUBDIVISION
No discussion regarding motion.
AYES:
NAYS:
ABSTAIN:
ABSENT:
e
King, Townley, Knoth , Fish , Roth, Welker, Kinton, Brick
Bleile
None
None
IV. PUBLIC FORUM
Mr. Kevin Clark (previously sworn in) asked what the appropriate avenue would be
to pursue placement of a stop sign at Eastman and Acoma. Attorney Nancy Reid direc ted
him to Public Works in order to bring the topic to the Traffic Division .
V. ATTORNEY'S CHOICE
City Attorney did not have any comments.
VI. STAFF'S CHOICE
Chris Neubecker, Senior Planner, suggested that the rules of Public Forum with
regard to Planning and Zoning Commission meetings be reviewed. It was agreed that this
•
•
would be addressed at a future meeting. •
Pa ge 5 of 6
VII. COMMISSIONER'S CHOICE
• There were no additional comments from the Commissioners.
The meeting adjou rned at 10:00 p.m.
Julie Bailey, Recordin g Secretary
•
• Page 6 of 6
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #SUB2013-008 )
SPEER'S BROADWAY ADDITION FILING 2, )
15 r AMENDMENT MAJOR SUBDIVISION )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO THE UNIFIED DEVELOPMENT CODE. )
INITIATED BY:
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Bleile, Brick, King, Knoth, Roth, Fish,
Welker, Townley, Kinton
Commission Members Absent: None
This matter was heard before the City Planning and Zoning Commission on
·•
November 5, 2013 in the City Council Chambers of the Englewood Civic •
Center.
Testimony was received from staff. The Commission received notice of Public
Hearing, the Staff Report, and a copy of the proposed Speer's Broadway
Addition Filing 2, 1st Amendment Major Subdivision which were incorporated
into and made a part of the record of the Public Hearing.
After considering the statements of the witness and reviewing the pertinent
documents, the members of the City Planning and Zoning Commission made
the following Findings and Conclusions.
FINDINGS OF FACT
1. THAT the applicant conducted a neighborhood meeting on July 31, 2013.
Notice of the meeting was mailed to property owners and occupants of
property within 1000 feet of the site.
2. THAT notice of the Public Hearing was on the City of Englewood website
from October 23, 2013 through November 5, 2013 and was published in
the Englewood Herald October 25, 2013.
Page I of4
•
3 . •
4.
5.
6.
7.
• 8.
9.
10.
THAT Speer's Broadway Addition Filing 2 1st Amendment Major
Subdivision, and subsequent revisions were reviewed by the City 's
Development Review Team (ORT) on July 30 th , September 9th, and
September 24 th of 2013. Identified issues were addressed by the
applicant and the final Speer's Broadway Addition Filing 2, 1st Amendment
Major Subdivision were submitted on October 23, 2013.
THAT on November 5, 2013 the Public Hearing on Case SUB2013-008
Speer's Broadway Addition Filing 2 1st Amendment Major Subdivision was
brought before the Planning Commission by the Department of
Community Development, a department of the City of Englewood.
THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The vacation of alley on Lots 18 through 24 on the Acoma side
and Lots 25 through 31 Broadway side.
THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The vacation of platted lot lines.
THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The relocation/dedication of a portion of the alley on portions of
Lot 17 and Lot 18 .
THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The dedication of public access on Lot 32 and Lot 31.
THAT the Speer's Broadway Addition, Filing No. 2, 1s t Amendment
includes reservation of an easement for utilities in the vacated portion of
the alley.
THAT the Speer's Broadway Addition Filing 2 1st Amendment Major
Subdivision is substantially consistent with the goals, objectives, design
guidelines, policies, and other ordinances, laws and requirements of the
City.
CONCLUSIONS
1. THAT the applicant conducted a neighborhood meeting on July 31, 2013.
Notice of the meeting was mailed to property owners and occupants of
property within 1000 feet of the site.
2. THAT notice of the Public Hearing was on the City of Englewood website
from October 23, 2013 through November 5, 2013 and was published in
• the Englewood Herald October 25, 2013.
Page 2 of3
3. THAT all testimony received from staff members, applicant t eam •
members, and the general public has been made part of the record of the
Public Hearing.
4. THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The vacation of alley on Lots 18 through 24 on the Acoma side
and Lots 25 through 31 Broadway si de.
5. THAT the Speer's Broadway Addition, Filing No . 2, 1st Amendment
includes The vacation of platted lot lines.
6. THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes The relocation/dedication of a portion of the alley on portions of
Lot 17 and Lot 18.
7. THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendmen t
includes The dedication of public access on Lot 32 and Lot 31.
8. THAT the Speer's Broadway Addition, Filing No. 2, 1st Amendment
includes reservati on of an easement for utilities in the vacated portion of
the alley.
9. THAT the discussed Subdivision plan be forwarded to City Council.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission
that Case #SUB2013-008 Speer's Broadway Addition Filing 2 1st Amendment
Major Subdivision should be referred to the City Council with a favorable
recommendation.
This decision was reached upon a vote on a motion made at the meeting of
the City Planning and Zoning Commission on November 5, 2013 by Mr.
Knoth, which motion states:
Knoth moved;
Welker seconded: TO ACCEPT STAFF RECOMMENDATION TO APPROVE
SUB2013-008 SPEER'S BROADWAY ADDITION FILING 2
1 sr AMENDMENT MAJOR SUBDIVISION
AYES: Fish,Townley, Knoth, Welker, Roth, Kinton, Brick
P age 3 of 4
•
•
• NAYS: Bleile
ABSTAIN: None
ABSENT: None
Motion carried.
These Findings and Conclusions are effective as of the meeting on November
5, 2013.
______ -----~y QROJ;KQF _ T.H.l;_CIIYPLANNlN_G_.&_ZONING COMMISSlQN __ . __________________________ .
John Brick, Chair
•
•
Page 2 of3
•
•
•
DOCUMENT
CITY OF ENGLEWOOD
COVER SHEET FOR
DEEDS AND CONVEYANCES
(REAL PROPERTY-CERTIFICATES)
DATE: ________ IDENTIFICATION NO. ____________ _
(To be assigned by City Clerk)
Re-Re9orded with Corre~ted Map Attached
Title or Purpose: _s_p_e_e_r_s_B_r_o_a_d_w_a_y_A_d_d_1._· t_1._o_n_, _F_i_l_i_n_g_N_o_._2_-_l_s_t __
Amendment -Major Subdivision 3085 S. Broadway
Names of Parties Involved: !lall Ca.Rtrell = Chisk=f il-A at aJ?eer '. liroadway
PPI Number: __________________________ _
Also Known As (provide street address or general location): 3 O 8 5 s. Broadway &
3066 -3090 s. Acoma
Recording Data: Reception No. D4004540 Pages 1 of 5 -1/17/2014
Responsible Department: __ c...,o...,mm.....,.u_n ... i ... t ... y.,_..D....,e_v .... e .... 1_0_p.,.m...,e_n_t _________ _
Contact Person: _ ___.,A...,lwa,..n....__Wh1.1.,1,,1,.,it...,_e _________________ _
Authorizing Resolution/Ordinance: Ordinance No, 67. 2013
Type of Instrument:
___ Deed of Trust
___ Warranty Deed
Quit Claim Deed ---
___ Agreement
Certificate ---
___ Dedication Agreement
_x __ Other (please specify) Re-Recorded 1st Amendment -Major Subdivision
TO BE COMPLETED BY THE CITY CLERK'S OFFICE:
Retention Period _________ _
I· . .
•
•
•
RETURN TO: --.--
,..•City Attorney
· 1000 Englewood Pkwy.
Englewood, CO 80110
Reception#: 03149907, 12/18/2013 at
12:13:21 PM, 1 OF 4, ORD, Rec Fee $31.00
Arapahoe County CO Matt Crane, Clerk &
Recorder
Reception#: 04004540 01/17/2014 at
12·37·32 PM ' . . ' 1 OF 5, ORD, Rec Fee $36.00
RArapahoe County CO Matt Crane Clerk &
ecorder '
BY AUTHORITY
ORDINANCE NO. fil
SERIES OF 2013
COUNCIL BILL NO. 64
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE APPROV1NG THE SPEER'S BROADWAY ADDmON, FILING NO. 2,
FIRST AMENDMENT, MAJOR SUBDMSION LOCATED AT 3085 SOUTH BROADWAY
AND 3066 -3090 SOUTH ACOMA STREET IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City is authorized by ordinance to regulate the subdivision or consolidation of
property including the establishment of new subdivisions and has the right to accept or reject the
dedication or vacation of any streets, alleys or public ways; and
WHEREAS, under the Englewood Municipal Code a "major subdivision plat" is required
whenever there is a proposed dedication of land for public rights-of-way or public areas; and
WHEREAS, the building located at 3085 South Broadway was used as the former Funtastic
Nathan's site and then an indoor amusement establishment from 1994-2011 and has been vacant
since then; and
WHEREAS, the "Speer's Broadway Addition, Filing No. 2, 11t Amendment" owners purchased
additional properties in January 2011; and
WHEREAS, those properties consist of two single family homes located on two properties that
front Acoma Street which were built in 1907 and 1912; and
WHEREAS, the lot at 3090 South Acoma was included in total parking calculations for the
amusement establishment, and at that time, became part of the conditional use that was granted to
3085 South Broadway; and
WHEREAS, the property's existing zoning designations would not accommodate the proposed.
development; therefore, ZC3, LLC began the process of requesting a rezoning to a PUD and
amending the current subdivision; and ·
WHEREAS, the Plat for "Speer's Broadway Addition, Filing No. 2, 1 • Amendment" has been
reviewed by the City's Development Review Team (DRT) and the appropriate outside agencies;
and
WHEREAS, the "Speer's Broadway Addition, Filing No. 2, l 11 Amendment" includes:
• The vacation of alley on Lots 18 through 24 on the Acoma side and Lots 25 through 31
Broadway side.
• The vacation of platted lot lines .
1
...
, .
•
•
•
Introduced, read in full, and passed on first reading on the 2nd day of December, 2013 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6111 day of
December, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
December, 2013 for thirty (30) days.
A Public Hearing was held on December 16, 2013,
Read by title and passed on final reading on the 16th day of December, 2013.
Published by title in the City's official newspaper as Ordinance NolL!jSeries of 2013, on
the 20th day of December, 2013.
Published by title on the City's official website beginning on the 18th day of December, 2013 for
thirty (30) days.
~G?:c:
Jr.Pmm,Mayor
-:::;;;;;,
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is !_fJJJ.e copy of the Ordinance passed on final reading and published by
title as Ordinance No. JR:./, Series of 2013. ·
3
•
•
CERTIFICATION
An Ordinance approving the Speer's Broadway Addition Filing No. 2, First Amendment,
Major Subdivision located at 3085 South Broadway and 3066 -3090 South Acoma
Street in the City of Englewood, Colorado was passed on final reading on December 16,
2013.
That Ordinance, with attachments, was recorded at Arapahoe County, Colorado,
Reception#: 03149907 on December 18, 2013.
Attachment 1 to that Ordinance, containing the legal description, contains a
typographical error. That error has been corrected and the Ordinance, with the
corrected Attachment 1, is attached hereto and will be recorded in Arapahoe County,
Colorado .
State of Colorado )
) ss
County of Arapahoe)
City Clerk, City of Englewood, Colorado
he foregoing instrument was subscribed and sworn to before me this/~ay of
___..-.:;,~'-'<,K...::..,c;....::--+--' 2014 by Loucrishia A Ellis as the City of Clerk of the City of
nglewood, Colorado .
My Commission Expires:
SEtfflRRY BUSH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964018041
MY COMMISSION EXPIRES NOVEMBER 8, 2016
•
•
•
DETAIL 'A'
N.f.i
BASIS OF BEARINGS
ll£NIINCS NIE. ASSUIIII) ;JI) NIE. BAS[lJ UPON 1H£ (AS![II.Y
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SURVEYORS CERTIFICATION
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1
I
I, KENMETH C. 0U£l.l.£Tl[. A ACQSTtRtO LAND SURW:"«11 IN THE STATE tf ctl.ORAOO DO HEREBY
CERTFY lHAT THE SllNEY rs Tl£ SPE[R'S BROADWAY AOOITIOH, 1ST MIEH0UCNT, WAS WAD£ BY
ME "1 DlflECTtY UND(JI MY Slftl!~SION AND !HAT 11£ ACCOMPAHTIIG MAP ACCURATEl.T AND
PROPOl Y SHOWS THE SUll'Cf lHER[rT.
KENIIETH C. DU!:UITTE, PlS 24873
FOIi AHO OH BOtAlf Df MERRICK • COMPAHY
5970 GREENWOOO PlAZA 11.-.0
GREENWOOD WJ.AG[, CO 80111
JOJ.751 .0741
J08 NO. 55117117♦
OAT[;
DEDICATION
•--AU. WEN a, THESE PA£SENT5; 1\iAT 11£ UNDERSICH£1l WARRAH15 THAT HE IS THE
OWMEII ar A PAAC£L ar I.AND LOCAn:D 1N TH[ SWTHEAST 1/4 ar TH( NCJITlft(ST 1/4 ar
SEC110H 34, TOYINSHP 4 SOUTH, RANGE II WEST tf M 11TH P.M., 5PCDf"S lltOADWAY
AOOmON, 1ST AMODIENT, QTY Of' ENQ.£W000, COJNTY rs ARAPAHCI(. STATE 01 CO..atADO,
MOM PNITIOJLAIILT DE5CA1l[l) AS FOU.OWS:
~ ~UV1~LDJ. 1Ji.cA'1o ~ ~r= ~~YD 2;2 ~O
VACATED a, Ol!DIN!NCE NO. ♦, W11ES Of 192J, AS RECORDED AlJCtJST 11, 1177 IN 1ID(J(
21W AT PM.( 393, Sl'W!'S -T -• COOIITY aF --, STAlE OF C0lDRA00,
BCINC WORE ADDfTIOfW.l Y DESCR8ED JiS FDU.0WS:
-AT 1H£ C[)f1[J! 0LWIT[I! C011NO aF 5CCTIOH 34, T-4 SOV!lt, ....,. ea :sr~;:: c~": =.; CDA10 Of SIIO SCCTIOII J4 1IENIS N00'1D'22"W A
DISTNU OF 1314.11 FE£!;
THENCE N511'35'58"W A DIST/ICE OF 51-07 F£ET YD 1H£ ,-r rJf -POINT ALSO
110NC U0 Fm EAST OF THE SOUTHEAST COflHOI aF LDT 11 OI 5110 ll.DCI( 24:
THENCE Slt'l7'51"W ALONG TH[ NOIITH!M.Y AKlHl-0r-WAY LIit: OF WOT OARTMOUIH AVENUE
A DISTNIC£ Of 270.ll FttT;
THOIC[ N00'1D'4J"W ALONG THE EASTOl.Y RIClfT-Of-WAT LIN[ aF SOUTH ICtMA 5T1!!£T A
DtSTANCE or 187.50 Fmj
THENCE Nll'11'~-C AL0MO THC NORTHCRlY UNE 0f THE SOUTH HN..f 0f SMJ LDT 17 A
DISTNU Of 124.14 FE£T TD THt: WEST[JILY UIIE Df A PlATl[l) 18-DD FOOT WIO£ <ill'I II
5-..o BLOaC 24i
THENCE S00"1D'l3-C ALCIHa SAIi wcsmtl.Y LINE A DISTNCE Of 31.47 fttl:
T1t[ffC[ NH'11'55"[ A DISTNU Of 16.DD FEET YD TH[ EASTERI.Y LINE OF SAIC) PlATl[l) II.DD
FOOT WIO£ <ill'I OI BLOCK 24;
THENCE N00'10'3J"W M.ONQ SM> fASTDtLY lftE A DISTANCC OF 43.H FEET:
TH£NC£ Nll'11'S4-C AlDNG THC NORTHERLY UNE Of" SHO LDf J2 IN BlOCX 24 A OISTNC[ OI
~~ ~10'U"t AUlNG A I.NE 4.50 fttT £ASTDI..Y 01 NCI PNW.l.EL WfTH TH( PlAntD
WESTEJII...Y RIGKT-0F'-WAY L.K Of' S0UlH BftCWJW.\Y STRttT A CJSTNCC or 111 .17 Fm TO
THE.-rfll-
CONT~ A TOTAL Ni1EA Of 51,717 SQUARE Fm OIi 1.1 ■ ACRES WORC 011 L£SS.
THE UNDERSIGNED O'lltOI HAS IY THCS[ PRESENTS LMJ WT, PlAT1tD AND SUIDIW>ED "THE
SAME IIYD PAAC[LS AS SHl)llj ON THIS PUT \JUR 11£ NME ;JI) S1ll.£ ar "SPEER'S
IRDADWA'f ADDlllON, 1ST AMOC>M01r, ANO DOES HEmY OCClfCATI 10 THE PU8UC AU.
ROff-DF-WAVS ANO EASDil£NTS fat THE PURPOSES SHa. HEREC»L
El([OJTED THIS _______ DAY ar ____ ,t.D. 2013
OWNEJI ---------
HOLDER OF DEED OF TRUST CERTIFICATE
(==~=-=====~::-,-,,-. 1tOl£IY ACl(NO'll.EDG[ !HAT 1 All THE Htl.DDI OF M oao Of TRUST rs THE LAND DESCMICD HEREON.
§Wt J ml! 7 coilP.liir NAME
NOTARY PUBLIC
STAI[ ar CDI.ORAII0
CDUHTY 0f ARAPAHDE
THt: fOllt:OOINO INS111\JIOI WAS ACICHO'<ll.EDCEl IIUOM Mt IHS --1JAY OF ____ 2013 IT _______ _
110TNIYPl.9LIC
•TNCSS MY HANO ANO stAl
IIY COIIIIIS90N EXPIIID: ___ _
ADOflUS
APPROVALS
APPfKMD BY TH[ DEPAlltlW[NT or COIAUIITY OE\n0PWOIT, cm Of
DICUWDDD, CII.Ol!ADO.
DllfM:f'OII o, COIIJIVNlff' --
APPft<MD BY 11€ IJEPAlltlllOIT 0f PUIUC WD111CS. QTY Of ENQ.£'100D, CXI.OflADO.
JJJlrKTQII a, PUIIUC lrlUID
APPRO'O fCll lEGM. DETALS
CffT AffOIINff DAI[
CLERK AND RECORDS CERTIFICATION
Aca:Plm fat flUNG IN THE DfflCE 0f M a.ERK AIC> RCaRIDI 0f AAAP#t!E. COLNTY, STAT[ Of
Cll.CIIAOO. AT __ D'Q.OCI( _M., 11< 111S __JAY aF ----~•n.. 2013, A[C[PIKJj 110. ______ BOOK 110 __ PAGE NO(S~ __ _
~=-,,ClERK=""AND=-=AE""COROER==-----~~TT,,..----------
SPEER'S BROADWAY ADDITION, FILING NO. 2
30811 S .. BROADWAY STRJ:BT
Pil'I' or THI n 11, or TBI inr 11, or nc. u
T. ,a .. R.8111'. or TBI ITII p .II.
CITY or INGLSWDOD, COUNTY or AIW'AIIOI, lrrATI or COLOIWIO
-