HomeMy WebLinkAbout2015-06-01 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, June 1, 2015
7:30 pm
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of May 18, 2015.
6. Recognition of Scheduled Public Comment. {This is an opportunity for the public to address City
Council. There is an expectation that the presentation will be conducted in a respectful manner.
Council may ask questions for clarification, but there will not be any dialogue. Please limit your
presentation to five minutes.)
7. Recognition of Unscheduled Public Comment. {This is an opportunity for the public to address City
Council. There is an expectation that the presentation will be conducted in a respectful manner.
Council may ask questions for clarification, but there will not be any dialogue . Please limit your
presentation to three minutes . Time for unscheduled public comment may be limited to 45 minutes,
and if limited, shall be continued to General Discussion.)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
a. Email from Daniel Miller announcing his resignation from the Alliance for Commerce in
Englewood.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
June 1, 2015
Page 2
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 21, accepting the dedication of easements for sidewalk, signage, and
traffic signal equipment in the 4900 and 5000 blocks of South Broadway.
ii. Council Bill No. 22, authorizing an intergovernmental agreement with the City and
County of Denver for a Geographic Information System Information Sharing Agreement
for transfer of information for fire suppression purposes.
c. Resolutions and Motions.
10. Public Hearing Items . (None Scheduled)
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 17, authorizing amendments to Title 16: Unified Development Code
amending the regulations concerning Administrative Adjustments .
c. Resolutions and Motions
i. Recommendation from the Community Development Department to approve a
resolution authorizing a redevelopment assistance agreement with the KRF II, LLC.,
d.b.a. Kentro Group for 707 East Jefferson Avenue. Staff Source: Darren Hollingsworth,
Economic Development Manager.
12. General Discussion.
a. Mayor's Choice .
i. Announcement of Special Meetings on June 15, 2015 and June 22, 2015.
Council will open the public meeting in the Community Room. After announcing the
topic or topics to be discussed under the specific paragraph(s) of C.R.S. 24-6-402-4, a
vote of Council will be taken. If 2/3 of the quorum present votes affirmatively,
attendance shall be limited to the members of City Council and Council may invite other
persons as may be required for advice and information. City Council and invited persons
will move to the City Council Conference Room . No formal vote will be taken on any
matter under discussion.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
June 1, 2015
Page 3
• June 15, 2015 -Englewood Mclellan Reservoir Foundation Property
Negotiations -Douglas County Planning Area 81 and Union Negotiations -
NonEmergency Union
• June 22, 2015 -Union Negotiations -NonEmergency Union
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 .hours in advance of when services are needed .
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
June 1, 2015
PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES
PLEASE PRINT
NAME
I I _,, te
·~ v "''( ~V-V"C
ADDRESS TOPIC
Lindsay von Colditz
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ject:
achments:
FW : Resignation from ACE
imageOOl.png ; image002 .jpg
From: Daniel.Miller@HealthONEcares.com [Daniel.Miller@HealthONEcares.com]
Sent: Tuesday, May 26, 2015 12 :56 PM
To: Julie Bailey; Lisa.Ruiz@HealthONEcares .com
Cc: Darren Hollingsworth
Subject: RE: Resignation from ACE
Thanks Julie, I am formally submitting my resignation from ACE . I have asked Lisa Ruiz , our vice president of business
development at Swedish , to apply to represent Swedish and our medical community on ACE .
Thanks,
Dan
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING ACCEPTANCE AND DEDICATION OF TWO
TRANSPORTATION AND UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD,
COLORADO FOR SIDEWALK, SIGNAGE, AND TRAFFIC SIGNAL EQUIPMENT IN THE
4900 AND 5000 BLOCKS OF SOUTH BROADWAY, ENGLEWOOD, COLORADO.
WHEREAS, the Sprouts development on South Broadway North of Belleview, required the filing
of a subdivision plat prior to construction; and
WHEREAS, the subdivision plat filed in 2013 called for the future dedication of easements on
South Broadway for public improvements; and
WHEREAS, the purpose of waiting for the formal dedication until after construction is to assure
that the dedicated Transportation Easements are based on "as-built" improvements; and
WHEREAS, the developer retained the services of a professional land surveyor who prepared
legal descriptions based on actual field locations of the improvements; and
WHEREAS, the original developer of the project, Cadence Capital Investments, has transferred
ownership of the property to the following two parties:
• Sitbul, LLC purchased 4979 South Broadway (Advance Auto Site)
• Den Retail 1, LLC purchased 4989 and 5001 South Broadway (Sprouts and other
retail/restaurants; and
WHEREAS, the passage of this Ordinance will accept the Transportation Easement and Utility
Easement for 4979 South Broadway from Sitbul, LLC. to the City; and
WHEREAS, the passage of this Ordinance will accept the Transportation Easement and Utility
Easement for 4989 and 5001 South Broadway from Den Retail 1 LLC. to the City .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Transportation Easement and Utility Easement for 4979 South Broadway
between Sitbul, LLC. to the City of Englewood, Colorado attached hereto as "Attachment 1," is
hereby accepted and approved by the Englewood City Council.
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Section 2 .. The Transportation Easement and Utility Easement for 4989 and 5001 South
Broadway between Den Retail 1 LLC._to the City of Englewood, Colorado attached hereto as
"Attachment 2 ,'' is hereby accepted and approved by the Englewood City Council.
Introduced, read in full , and passed on first reading on the 18th day of May, 2015 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
May, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
May, 2015 for thirty (30) days.
Read by title and passed on final reading on the 1st day of June, 2015.
Published by title in the City 's official newspaper as Ordinance No._, Series of 2015, on
the 4th day of June, 2015.
Published by title on the City's official website beginning on the 3rd day of
June, 2015 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis , 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 ._, Series of 2015 .
Loucrishia A. Ellis
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ParCel fl. . 4979 §, Broagway
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GRANJ OF TRANSPORTATION AND tITIIJTY EASEMENT . . . .. . . . .
. KNOW ALL MEN BY TIIESE PRE~ENTS, thatSITBUL, LLC, a Colorado limited liability
company, whose address , is P.O. Box 3434 Englewood, CO 80155-3434, OWner of the property .
described, for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and . sufficiency of which is hereby acknowledaect do hereby grant and
convey to the CITY OF ENGLEWOOD, a municipal corporation duly organi~ and existing by
Viirue . of the Constitution of the State of Colorado, a permanent right of entry arid permanent
access, tl'an$pQrtation Md utility easement on the p~operty descnbed in Exhibit A, Which is ·
attached hereto 8nd incorJ>orated herCin by this, reference (hefeinat\cr the "Easement Premises")
upon which. to construct,. reeonStruct, operate, remove, repair and maintain access for a · · ·
transportation and utility facilities and related appurtenances aero~ on, under and through the
:t;:asemetit premises, described in Exhibit A and situate in. the City of Englewood, County of .
Arapahoe, State of Colorado, also known as 4979 South Broadway, Englewood, Colorado.
IN WITNEss WHE~OF, the parties hereto have exectited this G?BDt of Eueinent tbe day
and yeadirst above written. · , · · · · ·
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SITBtJL, LLC
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· ... The oregoina instrument was acknowledged before me~ of ~~~~-=-· __, 20 I>". by Michael C. Bullock as ~ ft
ofS UL, LLC. . • . . ·· . . . . .
· My Commission expires:----
SIGNED this by o~--;w ..... M ..... _--.-__,. 20/.£.' JANICE D. MORROW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944019315
MY COMMISSION EXPIRES FEBRUARY 13, 2018
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4979 S. Broadway
Transportatign Easement
EXHIBIT A
A portion of Lot 3, Broadbell Subdivision as platted in the records of Arapahoe County,
Colorado at ReC(lption Number 03119053, located in the SW 1/4, Section 10, Township S South.
Range 68 West of the Sixth Principal Meridian in the City ofEnglewood, more particularly
described as . follows: ' ·
Commencing at the southeast comer of said Lot 3;
Thence N0°10'29"E along the west rlght-of-way line of S. Broadway. 2. 89 feet to the Point of
Beginning;
Thence through said lot along the following seven courses:
1) N89°49'3l"W, 2.00 feet;
2) N0°10'29"E. 8.44 feet;
3) N89°49'31 11W, 1.50 feet;
4) N0°10'29"E, 6.00 feet;
5) $89°49 131 11E, 1.50 feet;
6) N0°10'29,,E, 14.63 feet;
7) S89°49'3 l"E, 2.00 feet to said west line;
Thence S0°10'29''W along said west line, 29 .07 feet to the Point ofBeginning.
Said parcel, as described, contains an area of 67 square feet, more or less.
Basis of Bearings
The east line, SW 1/4, Section 10 bears S00 11 10'29"W per the Arapahoe County Horizontal
Control Network.· It is monumented at the center of Section 10 by a 3-1/4" aluminum cap in
monument box. 0.4' below roadway surface, PLS 27278 and at the south ~corner, section 10 by
a steel axle, 29" long with concave top in monument box, 13'' below asphalt surface, PLS 22571.
Certification
Brian Krombein, PE, PLS
For and on behalf of
Vermilion Peak Engineering LLC
1745 Shea Center Drive. 411iF1oor
Highlands Ranch, CO 80129
~/l'!;f/i.,
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LOT 2, BROAOBELL SUBDIVISION
( 4989 S. BROAOWA Y)
LOT 3, BROADBELL SUBDIVISION
( 4979 S. BROADWAY)
N89" 49' 31 "W j
1.so· l sag· 49• 31"E
NOC' 10' 29"E 1.50'
8.44' I Noo· 10' 29"E
NB9' 49' 31"W 14.63'
2.00' 'r....~.....-----;--...,j:O.-..
POINT Of COMMENCEM~ _/,
SE CORNER. LOT 3
sag· 49· 31"E
2.00'
soo· 10· 29"W
29.07'
R.O.W.
S.BROADWAY CENTER. SECTION 1 O
0.4' BELOW ROADWAY
-k'\r-----
3-1/4" ALUMINUM CAP\
IN MONUMENT BOX
_EAST LINE, SW 1f4, SECTION 10 SURFACE, PLS 27278
BASIS OF BEARINGS -soo· 10' 291'w ---------"v-+ ~SOUTH 1/4 CORNER, SECTION 10
STEEL AXLE, 29" LONG WITH
CONCAVE TOP IN MONUMENT BOX,
13" BELOW ASPHALT SURFACE,
PLS 22571
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SCALE: 1 N = 20'
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TRANSPORT A 110N EASEMENT
4979 S. BROADWAY
JOB NO. 13104
DA TE: AUGUST 15, 2014
SHEET 2 OF 2
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cw G.9;..ccoi"9 lie La..J s.~
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Parcel #1 4989 & 5001 S. Broadway
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that DEN RETAIL 1 LLC, a Delaware limited
liability company, whose address is c/o Zurich Alternative Asset Management, LLC, One Liberty
. Plaza, 165 Broadway~ 21 11 Floor, New York, N.Y. 10006, owner of the property descn'bed, for
and in consideration of Ten Dollars ($10.00) and other good and · valuable consideration, the
receipt ancl sufficiency of which is hereby acknowledaed do hereby grant and convey to the CITY
OF ENGLEWOOD, a municipal corporation duly organiZed. and existing by virtue of the
Constitution of the State of Colorado, a permanent right of entry and easement on the property
descn'bed in Exhibit A, which is attached hereto and incorporated herem by thia reference · ·.
(hereinafter the "Easement Premises'') upon whicb to replace, reeonstruct, operate, remove, repair
and maintain access for those existing transportation and utility facilities referenced below and
related appurtenanees across, on, under and through the Easement premises, descn'bed in Exlu'bit
A and situate in the City of Englewood, CountY of Arapahoe, State of Colorado, also known as
4989 and 5001 South BrQadway, Englewood, Colorado.
The easement over Parcel C shall be for the existing traffic signal controller cabinet located
therein, and the easement over Parcels A and B shall be for the existing sidewalk and pedestrian
access ways located therein. · · · ·
lN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the day
and year first above written.
STATE OF f1-(0-' (uY1L_
COUNTYOF . ~·(11
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The foregoing instrument was acknowledged. before me this~ day of
ornt/t.krAIL1~~bysean4"J-._,&(;aija. ...... " ....... vi.~~~"'"""£_z __ _
i~~Pfiblic
My Commission expires: I l 410 J zo I 7
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SIGNED this~ day of af 1i' ~ I 20.L.C'
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EXIIlBITA
4989 & soot s. Broadway
A portion of Lots 1 and 2, '.Broadbell Sub~ivision as platted in the records of Arapahoe County,
Colorado at Reception Number DJ 119053, located in the SW 1/4, Section 10, Townstllp 5 South,
Range 68 West of the Sbcth Principal Meridian in the City of Englewood, more particiilarly ·
described a5 follows: · · · ·
. Parcel A .
Commencing at the southeast corner of said Lot 1;
Thence N0°02'59"W along the west right-of-way line of S. Broadway, 125.73 to the Point of
Beginning of Parcel A; . .. .. . . . · ·
Thence through said Lot 1 along the following three courses:·
. 1) N43°57'2S"W, 8.83 feet; .
2) N3°53'3T'E, 91.57 feet;
3) S86°06'23"E, 6.54 feet to said west right-of-way line;
Thence S3°53 'JT'W along said we~t line, 97.50 feet to the Point of Beginning of Parcel A
Said parce~ as described, contains an area of 619 square feet. more or less.
Together with:
Parcel B
Beg:iruling at the northeast comer of said Lot 1;
Thence S0°10'29"W along said west right-of-way line, 39.SO feet;
Thence through s!lid Lots 1 and 2 along the following four courses:
t) N26°2s·2r·wi 1i.19 feet;
2) N3°34'39"E, 3S.82 feet;
3) N0°10'29"E, 37.44 feet;
4) S89°49'3 l "E, 2.88 feet to said west right-of.way line;
Thence S0°10'29"W along said west line, 43.71 fe~ to the Point of Beginning of Parcel B.
Said parcel, as described, contains an area of274 square feet, more or less.
Together with:
Parcel C
Commencing at the northeast comer of said Lot 2;
Thence S0°10'29"W along said west right-of-way line of S. Broadway, 50.84 feet to the Point of
Beginning of Parcel C; ·
Thence continuing S0°10'29"W along said west line, 10.83 feet;
Thence through said Lot 2 along the following three courses:
1) N90°00'00"W, 7.84 feet;
2) No 0 oo·oo"E, l 0.83 feet;
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3) N90°00'00''E, 7.88 fe~ to the Point of Beginning of Parcel C;
Said parcel, as described, contains all area of 85 squar~ feet, more or less.
$aid thtee Parcels together contain an area of 978 squar~ feet, more or less. . . . .. . . . . . . . ·. . ·. .
". .,, . Basis of Bearingo ·
The ~line, SW 1/4, Sectiolt IO bears sooC>10'29"W per tile J\rapahO.e County ~orizontal ..
Control l'l~ork, ·It is mollUD1tmted at the center of Section 10 by_ a ~~1/4° aluminum. cap in .
pionµri1e~t box. 0.4' below roadway $Ul"face, ~LS 27278 and at the south~ C-Orn~r, section io by
. a steel axle, 29" long with eoncave top itt .ti:tonu.men~ box, l3'' below asp~t .surface,PLS 22571,
Certification ·
. .arian Krombeiri, PE, PLS
For and on behalf of •. · · .. · ·. .
Vermilion Peak Bngineerliig Li..C
1745 Shea Center Drive, 41li:FlO()r
Highlands Ranch, CO 80129
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I SE CORNER, LOT 1
POINT OF COMMENCEMENT
PARCEL A
Nao· 02' 59"w 125.73'
POINT OF BEGINNING
PARCEL A
LOT 1, BROADBELL SUBDIVISION
(5001 S. BROADWAY)
LOT 2, BROADBELL SUBDIVISION
( 4989 S. BROADWAY)
NOY 34' 39"E
35.82'
N43" 57' 25"W I Nao· 10' 29"E PARCEL c Noo· oo· OO"E
8.83' SB6° 06' 23"E I 37.44' • • 10.83' I
6.54' 589" 49 .31 E
91.57' No3 • 53, 37• I 2.88' N9o· oo· oo·t ::"'..__,:;.:;:;;:...:;~~~E-1 N2s· 25' 21·~ I N90' oo· oo"w 7.88' I
S0.3" 53' J7•w 97 •w 11.19 7.8_4_' ---I._.,.._ __
EAST LINE. SW 1/4. SECTION,...1-:::0::.:=-BASIS-OF' BEARINGS -soo.-1a 2ltW
soo· 10· 29•w
39.50'
NE CORNER, LOT 1
POINT OF BEGINNING
PARCEL B
S.BROADWAY
soo· 10· 29·w
43.71'
PARCEL B
POINT OF BEGINNING
PARCEL C
soo· 10' 29•w ----~ --50.84~,---+-
NE CORNER, LOT 2
POINT OF COMMECEMENT
PARCEL C
IN MONUMENT BOX,
0.4' BELOW ROADWAY
/
SOUTH 1/4 CORNER, SECTION 10
STEEL AXLE, 29" LONG WITH
CONCA VE TOP IN MONUMENT BOX,
13" BELOW ASPHALT SURF ACE,
PLS 22571
T1'v---__ EAST LINE, SW 114'--SECTION 10 ___
BASIS OF BEARINGS soo· 10' 29"W
CENTER, SECTION 10~
3-1/4" ALUMINUM CAP
___ s_URFACE, ~
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SCALE: 1" = 50'
EASEMENT
4989 & 5001 S. BROADWAY
JOB NO. 13104
DA TE: MARCH 27, 2015
SHEET 3 OF 3
1745 Shea C-.te.• P..;ve, 4!h Floor
Hghla..ds 'Rancl., CO 00129
7.20-402-6070 I www.ve""llionpe.ak.c.om
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE TO APPROVE THE GEOGRAPHIC INFORMATION SYSTEM (GIS)
SHARING AGREEMENT WITH THE CITY AND COUNTY OF DENVER.
WHEREAS, the City and County of Denver's Fire Department will be assuming primary
responsibility for fire suppression in the City of Englewood on June 1, 2015 ; and
WHEREAS, the GIS Information Sharing Agreement will facilitate the transfer of information
for fire suppression purposes to the Technology Services Department of the City of Denver; and
WHEREAS, this agreement will coincide with the transfer of services to the City of Denver on
June 1, 2015 and complies with the Colorado Open Records Act ; and
WHEREAS, the transferred information will be used solely for internal use only
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement with the City and County of Denver attached hereto as "Exhibit A".
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Agreement with Denver for and on behalf of the City of Englewood.
Section 3 . No federal funds are being used for this project.
Introduced, read in full , and passed on first reading on the 18th day of May, 2015.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 21st day of
May, 2015 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
May, 2015 for thirty (30) days .
Read by title and passed on final reading on the 1st day of June, 2015.
Published by title in the City's official newspaper as Ordinance No._, Series of 2015, on
the 4th day of June, 2015 .
Published by title on the City's official website beginning on the 3rd day of
June, 2015 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, 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._, Series of 2015 .
Loucrishia A. Ellis
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City of Englewood
G.I.S. Information Sharing Agreement
-{eC.f.JNcluc.i SfR..tJi(es
The party known as (; r/4-'Co !.d. N1.,/0 .fV)fNrl lfn-("Requestor") downloading the
product(s) and/or data or mforrnatiort thereon, ("Data"), from the City of Englewood, Colorado,
("the City"), hereby acknowledges and accepts the following terms and conditions. Requestor in
accepting Data from the City hereby acknowledges the limitations of such Data and the
restrictions on its use:
The Data being provided is intended to comply with the Colorado Open Records Act. The Data
is protected by the copyright laws of the United States of America and is being furnished by the
City with all rights reserved. No part of the Data may be copied, reproduced or transmitted in
any form or by any means whatsoever, including, but not limited to, electronic, mechanical,
photocopying, recording, scanning, or by any information/data retrieval system. Requestor shall
not license, relicense, sub-license, assign, release, publish, transfer, sell or otherwise make
available any portion of the Data to a third party without the prior express written permission of
the City.
The Data which is the subject ofthis Agreement, and which is generally referred to as
geographic information systems or GIS data, has been developed solely for internal use only by
the City, and the City makes no warranties, representations or guarantees, either expressed or
implied, as to the completeness, accuracy or correctness of the Data, nor accepts or assumes any
liability arising from or for any incorrect, incomplete or misleading Data provided pursuant to
this request. There are no warranties and/or representations, either expressed or implied, of
merchantability or fitness of the Data for a particular purpose or use.
The City is not responsible for incidental, consequential, or special damages arising from the
use of the Data provided to Requestor. Requestor agrees that the Data shall be used and relied
upon only at the risk of Requestor.
Requestor warrants and represents to the City that he/she/it has full power, right and authority to
enter into, and where applicable, to act as agent for Requestor and to be bound to perform all the
terms and conditions pursuant to this request for Data.
This Agreement embodies the entire agreement between the parties. The parties shall not be
bound by or liable for any statement, representation, promise, inducement, or understanding of
any kind or nature not contained herein. No amendments, changes, modifications of any of the
terms and conditions of this Agreement shall be valid unless reduced to writing and signed by the
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parties. This Agreement is not assignable under any circumstances whatsoever. All of the terms
and conditions of this Agreement shali remain in full force and effect and apply to any changes,
updates, revisions or amendments to the Data, which are the subject of this Agreement.
Requestor shall immediately notify the City in writing of any and all defects, errors,
inaccuracies or any other problems with the Data discovered by Requestor.
Address: ,:,90 1 \J<}J (fl.\~( n H·\u~ , ca .go ".2Cbl--
Signatures for the City:
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M E M 0 R A N D u M
TO: City Council
THRU: Michael Flaherty, Deputy City Manager
FROM: Chris Neubecker, Senior Planner
DATE: May 26, 2015
SUBJECT: Administrative Adjustments -Second Reading
During the public hearing on the proposed Administrative Adjustments Council members asked
about the proposed ordinance and its impacts on the community. The ordinance is intended to
promote economic development in the community, and to facilitate development on lots that are
burdened by unusual size or shape, through new development of uses that are permitted on the
same block or in the same zone district.
The proposed ordinance is good for Englewood for several reasons, including:
• Allowing the same uses and new investment currently permitted on standard sized lots
on the same block. Due to errors made in platting Englewood properties more than
100 years ago, it is not uncommon for a lot to be less than a uniform lot size,
especially on corner lots .
• Englewood's older housing stock is more than 50% rental. This ordinance will help to
promote new market rate, owner occupied housing. New homes, especially those that
sell at or above $500,000 are much more likely to be sold to owner occupants.
• Higher valuations will result in more tax revenue for the City.
• Developers cannot afford to demolish and build new single family homes on a 50 foot
lot in an R-2 zone, but they can justify the cost to build and sell duplexes. Denver
neighborhoods immediately north of Englewood show the demand and impact of new
investments.
• Triplex lots in R-2 zone districts are 75 feet wide. The properties at 2701 and 2705 S.
Sherman Street are 73.62 feet wide (combined). This ordinance would allow new
investment on this corner; without an adjustment, these older homes will likely remain
without significant improvement.
• A difference of 5% on lots with 50 feet of frontage is 2.5 feet. This difference will not
be visibly noticeable to most people .
Planning & Zoning Division Building Division Economic Development
303.762.2347 303.762.2356 303.762.2599
1000 Englewood Parkw ay Englewood, Colorado 80110
www.engl ewoodgov.org
The lots at the north end of the block on S. Lincoln Street and E. Yale Avenue are not the only
lots in this area with oddly dimensioned lot widths. The following lots also share these non-•
standard dimensions, possibly due to platting errors or older surveying techniques:
• Sherman and Yale (south-west corner) -2701 S. Sherman St.
• Sherman and Amherst (south-west corner) -2801 S. Sherman St.
• Sherman and Bates (north-west corner) -2895 S. Sherman St.
• Lincoln and Amherst (north-west corner) -2797 S. Lincoln St.
• Lincoln and Amherst (north-east corner) -2798 S. Lincoln St.
• Lincoln and Amherst (south-west corner) -2801 S. Lincoln St.
• Lincoln and Amherst (south-east corner) -2800 S. Lincoln St.
• Lincoln and Bates (north-east corner) -121 E. Bates Ave.
These are a sample of lots researched by staff. There are likely many other lots in the City that
share these traits. Most of the lots listed above were platted 23.62 feet wide. The lots in the
center of the block were platted 25 feet wide. Each standard sized parcel (2 lots) zoned R-2
would allow a new duplex on a 50 foot wide lot.
The corner lots listed above, due to their historic platting anomalies, are burdened and would be
more difficult to redevelop. These corner lots, which are much more visible, but may only be
48.62 feet wide (combined), would likely remain in their current condition without allowing a
small adjustment to the lot width.
New Townhome Development
Several new townhomes have developed in the City along S. Sherman Street and S. Lincoln
Street, zoned R-2. Many more new developments are under construction or have been recently
built in Denver just to the north of the city limits. Below are some examples of the developments
in Englewood and in Denver, within 3 blocks of E. Yale Avenue:
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New Development Denver (lust north of W. Yale Avenue)
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• Existing Building at 2701 S. Lincoln Street
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Notice Procedures
Council requested information on the notice procedures for Administrative Adjustments and
Variances. Following are the notice procedures as required by the Unified Development Code:
• Administrative Adjustments: "Notice. The City shall require that the applicant notify
adjacent property owner(s) and/or occupant(s ) by written notice of any application for
Administrative Adjustment." In the past, notice has been provided to the property owner
and occupant on either side of a property. We have traditionally not provided notice
beyond the properties on the two sides of the subject property. No other notice has been
provided.
• Variance: "Notice. The City shall require that notice of required public hearings be given in
accordance with Section 7 6-2-3.G EMC." Notice is posted on the property and in the
Englewood Herald newspaper. Notice is also provided on the City of Englewood website.
No notice is provided to adjacent property owners.
Options for City Council
City Council has three options on the proposed Administrative Adjustments ordinance. These
options include:
• Approve the Administrative Adjustment language on second reading, as proposed.
• Adopt alternative variance language allowing the Board of Adjustments and Appeals to
hear applications for additional dwelling units in residential districts above the maximum
number permitted by zone district standards for lot area and lot width, based on a
variance of up to 5% of the minimum lot width or minimum lot area. (Note: This option
would require another reading of the ordinance at a later date.) Alternate variance
language is attached for your review.
• Leave the Unified Development Code "as-is", which would likely prevent redevelopment
of some older homes on lots less than standard size or width.
We believe that Administrative Adjustments would be the cleanest and least time consuming
option, as well as least costly for developers. The Variance option would also work, but would •
add a delay and uncertainty to the process, which may discourage some investors. The Variance
option would require an additional reading of the ordinance.
Staff will be available during the meeting on Monday night to answer questions from the City
Council. We look forward to your decision.
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Proposed new language is shown in bold and double-underline. Language proposed for removal is shown as
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16-2-16: Zoning Variances.
Two (2) different Lypes of variance are available: (l) Zoning Variances and (2) Flood Pla in Variances .
Zoning Variances are addressed in this section, and Flood Plain Variances are addressed in Chapter I 6-4 EMC.
(Note that the Planning Commission is the decision-making body on Flood Plain Variances rather than the Board of
Adjustment and Appeals.) The Board of Adjustment and Appeals pursuant to the procedures in this Section may
grant Zoning Variances from the zoning provisions of this Title otherwise applicable to a property.
A. Jurisdiction/Scope for Zoning Variances.
1. Nothing in this Tille shall be construed to empower the Board to change the terms of this
Title or to effect changes in the Official Zoning Map of the City of Englewood . The
powers of the Board shall be narrowly interpreted and strictly construed so that this Title
and the Official Zoning Map shall be strictly enforced.
2 . The Board shall have the authority to require any reasonable stipulation or condition that
might be necessary to properly protect the general welfare when granting a Zoning
Variance .
3 . The Board's granting of Zoning Variances shall not result in any encroachment into a
recorded easement or right-of-way.
4 . The Board shall not consider a Zoning Variance application relating to the use of
property.
5 . The Board shall not consider a Zoning Variance application to allow additional dwelling
units in residential districts above the maximum number permitted by zone district
standards for lot area and Jot width, except for a variance of up to five percent (5%) of
the required minimum lot width or minimum lot area. In residential districts. the
variance shall not result in the creation oC more than one (1) additional residential
dwelling 1mjt.
6. The Board shall not consider a Zoning Variance
application relating to Temporary Use Permits .
7. The Board shall not consider a Zoning Variance
application relating to Condirional Use Permits.
B. Initiation. An application for a Zoning Variance may be initiated
by those parties identified in Section l6-2-3.A EMC.
C . Notice. The City shall require that notice of required public
hearings be given in accordance with Section 16-2-3.G EMC.
D . Ciry Review. The City Manager or designee shall review the
Zoning Variance application, and may refer the application to any
department or agency for its review and comments.
E. Board Decision. The Board shall review the proposed Zoning
Variance application and the report of City staff, and shall hold a
public hearing on the proposed Zoning Variance. Following such
hearing, the Board shall make written findings eirher approving, Zoning Variances
conditionally approving, or denying the Zoning Variance . The decision on whether to approve or
deny an application for a Zoning Variance shall be in writing, based upon substantial evidence
presented at the public hearing . A copy of the decision of the Board shall be provided to the
applicant.
F. Criteria for Considering a Zo11i11g Variance.
l. General Zoning Variances . In passing upon Zoning Variances that do not involve
provisions of the Sign Code, the Board may vary the application of the regulations set
forth in this Title only if the Board finds the following:
2.
a. That unique physical conditions exist, such as size, shape, location, topography
or surroundings, which are peculiar to the land or structure involved, which
deprive the applicant of privileges enjoyed by other properties in the vicinity;
and
b. The variance is consistent with the intent of the zone district regulations to
secure public health, safety and welfare; and
c. The variance will not permanently impair the use or development of adjacent
conforming properties or alter the essential character of the neighborhood; and
d. The variance is not a self-imposed difficulty or hardship.
Sign Code Variances. In passing upon Zoning Variances to the Sign Code, Section 16-6-
13 EMC, the Board may vary the application of the regulations set forth in this Title only
if it determines that:
a. There are special circumstances or conditions such as the existence of buildings,
topography , vegetation, sign structures, or other matters on adjacent lots or
within tbc adjacent public right-of-way, which would substantially restrict the
effectiveness of the sign in question; provided, however, that such special
circumstances or conditions must be peculiar to the particular business or
enterprise to which the applicant desires to draw attention, and do not apply
generally to all businesses or enterprises ; and
b. The variance will not weaken the general purpose of this Title nor the
regulations prescribed for the district in which the sign is located ; and
c. The variance will not alter the essential character of the district in which the sign
is located; and
d. The variance will not substantially or permanently impair the appropriate use of
adjacent conforming property .
G. After Approval.
1. All Zoning Variances shall be effective on the date of final action by the Board. For the
purpose of this subsection , final action by the Board shall be deemed to be the approval
of the findings of fact for the Zoning Variance request.
2. The City shall record all Zoning Variances with the office of the Arapahoe County Clerk
and Recorder.
3. Any Zoning Variance granted by the Board shall run with the land unless the Board
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specifies otherwise as a condition of the Zoning Variance.
Any Zoning Variance granted by the Board shall automatically lapse within one hundred
eighty ( 180) days of the date it was effective, or within such other time as the Board may
prescribe, unless a building permit for the action that was the subject of the variance is
obtained and work started.
H. Post Decision Remedies. lnitiation of the following remedies must occur within thirty (30) days of
the Board decision. For the purpose of this subsection, Board decision shall he the vote on the
Zoning Variance request.
I . Rehearing . If the applicant or an interested third party finds evidence that was not
available at the time of the hearing that may materially bear on the case, a request for a
rehearing may be made to the Board. The request shall be in writing and contain the
following:
2.
a. A summary of the new evidence.
b. The reason the evidence was not available to the Board at the original hearing.
c. A statement ns to why it is believed that the evidence will materially affect the
decision of the Board.
The Bonrd shall hear the request for rehearing and shnll vote on the issue of granting a
rehearing . The chairperson shall announce the Board's decision. If a rehearing is granted,
a new date will be set for a public hearing and all posting and publication requirements
shall apply and shall be the responsibility of the original applicant. If a rehearing is
denied, the original Board decision sball stand.
Reconsideration. If a Board Member believes that the Board would benefit from
reviewing a Board decision, a motion for reconsideration of the decision may be made. If
the motion to reconsider fails, the original decision stands. If the motion to reconsider is
approved, the original variance request shall be reheard by the Board. The Board may
reconsider the variance request immediately or may continue the reconsideration to a date
certain.
The reconsideration shall be limited to the facts presented in the original variance request
and no new evidence shall be taken. The Board may conlirm, reverse, or modify the
original decision .
I. Appeals of Board Decisions. Appeals of linal decisions of the Board may be made pursuant to
Section 16-2-18 EMC, "Appeals" .
ORDINANCE NO .
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING THE UN1FIED DEVELOPMENT CODE, TITLE 16,
CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO
ADMINISTRATIVE ADJUSTMENTS.
WHEREAS, land development is subject to review and conformance with the Unified
Development Code which sets development standards based on the zone district, land use, lot
width and lot area; and
WHEREAS, in some limited cases, development is hindered by unusual features of a property
or lot which generally do not apply to other lots in the vicinity; and
WHEREAS, in some of these cases, the existing Uniform Development Code regulations on
Administrative Adjustments (Title 16, Chapter 2, Section 17 EMC) will allow the City to approve an
alternative design, as long as the proposed development meets the intent of the Code and has no
adverse effects on nearby properties; and
WHEREAS, Administrative Adjustments are currently limited to very specific circumstances such
as a 6" adjustment to a required 3' setback; and
WHEREAS, the Englewood Board of Adjustment and Appeals is prohibited from hearing a case
that would result in additional residential dwelling units in residential districts above the maximum
permitted by zone district standards, based on minimum lot width or lot area; and
WHEREAS, these limitations in the current Code are preventing redevelopment and investment in
the community in some instances; and
WHEREAS, this ordinance would allow minor adjustments in the minimum lot width or
minimum lot area, which should result in more redevelopment and investment in Englewood; and
WHEREAS, the Englewood Planning and Zoning Commission recommended these changes at
their April 7, 2015 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
amending Title 16, Chapter 2, Section 17, Subsection D "Permitted Adjustments", Paragraph 1,
Subparagraph b; and Title 16, Chapter 2, Section 17, Subsection D, Paragraph 2, Subparagraph a,
of the Englewood Municipal Code 2000 to read as follows:
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16-2 DEVELOPMENT REVIEW AND APPROVAL PROCEDURES
16-2-17: Administrative Adjustments.
D . Permitted Adjustments.
1. General Rules.
a. Except when requested as a reasonable accommodation for Federal Fair Housing
Act ("FFHA") purposes, a request for an Administrative Adjustment shall not be
used to further modify a development standard that, as applied to the subject
property, already qualifies as an exception to , or modification of, a generally
applicable development standard required under Chapter 16-6 EMC,
(Development Standards). For example, the developer of a residential project
that qualifies for a special variation in the required side setback under the
residential design provisions in Section 16-6-10.B EMC, cannot seek an
Administrative Adjustment to further reduce the side setback allowed under the
special variation.
b . Unless specifically stated in the Scope of Authority below. +1he City Manager or
designee shall not approve any Administrative Adjustment that results in an
increase in permitted maximum development density or intensity; a change in
permitted uses ; an increase in building height; or a decrease in the amount of
common or dedicated open space required by this Title or other City policies ,
standards, or regulations.
2 . Scope of Authority-All Adjustments Except Reasonable Accommodations Under
FFHA. An application for an Administrative Adjustment that is not related to a request
for "reasonable accommodation" under the Federal Fair Housing Act may request only
the following types of adjustments :
a . Side er Refl:r Setbacks: Adjustments to any siEie or rear setback standard may be
permitted as follows:
TABLE 16-2-17.1 :
PERMITTED ADJUSTMENTS TO
sme G~ ~AA SETBACKS
Required Setback Penllitted MaXii:n'umAdjustment · .. ·. . . .
3 feet 6 inches
5 feet 1 foot
17 feet 1 foot
120 feet 2 feet
12 5 feet 3 feet
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Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the
amending Title 16, Chapter 2, Section 17, Subsection D, Paragraph 2 "Scope of Authority", by
the addition of a new Subparagraph ( e) entitled "Minimum Lot Width or Lot Area" of the
Englewood Municipal Code 2000 to read as follows:
16-2-17: Administrative Adjustments.
D. Permitted Adjustments.
2 . Scope of Authority
.e.,. Minimum Lot Width or Lot Area: Adjustments may be permitted to the
minimum lot width or minimum lot area is the "Summary Table of Dimensional
Reauirements for Principal Uses and Structures" in Section 16-6-1 of this Title.
subject to the following requirements:
ill The adjustment shall not exceed five percent (5%) of the required
minimum lot width or minimum lot area: and
ill The adjustment in the minimum lot width or minimum lot area may result
in an alternate permitted land use in the base zone district where the
property is located: and
ill A development for which a minimum lot width or minimum lot area
adjustment is granted shall not be eligible for additional variances or
additional administrative adjustments based on the reduced lot width or
area: and
ill The result of an approved adjustment may result in an increase in the
maximum development density or intensity: for residential developments.
the result of the administrative adjustment shall not exceed one (1)
additional residential dwelling unit.
Section 3 . Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare . The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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Section 6 . Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 4th day of May, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
May, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
May, 2015 for thirty (30) days.
A Public Hearing was held on the 18th day of May, 2015.
Read by title and passed on final reading on the 1st day of June, 2015.
Published by title in the City's official newspaper as Ordinance No._, Series of 2015, on
the 4th day of June, 2015.
Published by title on the City's official website beginning on the 3rd day of
June, 2015 for thirty (30) days .
This Ordinance shall take effect thirty (30) days after publication following final passage.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, 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._, Series of 2015 .
Loucrishia A. Ellis
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• COUNCIL COMMUNICATION
DATE: AGENDA ITEM: SUBJECT:
June 1, 2015 11 c i Kentro Group Redevelopment
Assistance Agreement
INITIATED BY: STAFF SOURCE:
Community Development Darren Hollingsworth, Economic Development
Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed the proposed Redevelopment Assistance Agreement at the April 20, 2015 Executive
Session with consensus to bring the Agreement forward for consideration at an upcoming City Council
meeting.
Stated goals in Englewood's Comprehensive Plan are community revitalization and increased commercial
opportunities .
• RECOMMENDED ACTION
Staff recommends that Council approve a Resolution authorizing the City of Englewood to enter into an
agreement with the developers for the former Baily's Fitness property, KRF II, LLC., d.b.a. Kentro Group.
The proposed use of funds will support site improvements necessary to support the development of a Rite
Aid Pharmacy at 707 East Jefferson Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Kentro Group is under contract to purchase the property, which for over 15 years has been vacant.
The site is being used for the next 1 2 to 18 months as a construction staging for the Swedish Medical
Center expansion, after which Kentro plans to move forward with development of a Rite Aid Pharmacy.
The property is approximately 1.1 7 acres with the Rite Aid Pharmacy building being 14,600 square feet.
Project Overview
Kentro is seeking an economic development incentive from the City of Englewood to enhance their ability
to secure Rite Aid as a tenant. Kentro has identified several development impediments of the site. Below is
a summary of those impediments and the proposed use of proceeds from the economic development
incentive :
1. Underground/relocation of current overhead utility lines
2. Relocation and demolition of existing sewer line.
3. Construction of underground detention/water quality
• 4. Potential relocation of city ditch (depending on the development plan of northern parcel)
These extraordinary development costs of approximately $450,000 are likely a major factor that the site has •
gone undeveloped for over 15 years.
Rite Aid representatives have reached an agreement to move forward with a lease at 707 East Jefferson
Avenue. Kentro indicated that the incentive incentives will reduce their development costs, making the site
more attractive and financially viable for Rite Aid Pharmacy to move forward with a lease.
FINANCIAL IMPACT
Based on the agreement all sales taxes generated after year three (3) would accrue to the City and are
expected to reach $70,000 per year. The Financial Assistance Agreement involves a maximum City
incentive payment of $135,625 to reimburse the Kentro Group site improvement costs necessary to make
the property 707 East Jefferson Avenue development ready. The terms of the agreement are as follows:
1) Rebate 50% of actual Building Use Tax collected, not to exceed $30,625 .
2) Rebate 50% of actual sales tax collected, not to exceed $105,000 or 3 years, whichever occurs first.
3) Use of funds to underground power lines, possible relocation of city ditch, construct underground
detention and water quality, and demolition of existing sewer line.
4) Rebate shall not exceed the actual cost of improvements.
The City's contribution of the 1 % Franchise Fee for the undergrounding of electrical lines will not directly
impact revenues to the City and is thereby considered an indirect cost. However, the use of these funds is
limited to undergrounding of Xcel lines and will have no negative impact on the City's General Fund .
Pursuant to CRS 31-1 5-903 notice was provided to Arapahoe County regarding this proposed incentive •
agreement. The proposed Redevelopment Assistance Agreement with Kentro is consistent with the City's
Economic Development Incentive Policy. Attached is a copy of the City's Economic Development
Incentive Policy.
LIST OF ATTACHMENTS
Economic Development Incentive Policy
Resolution
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City of Englewood
Economic Development Incentive Policy
Goal Statement
The City of Englewood is supportive of business attraction and development-related projects and is
committed to supporting new opportunities to diversify the local economy. Englewood strives to
provide for the fiscal health of the community by creating mechanisms to assist targeted businesses,
priority development sites, and projects that enhance the quality of life and fiscal condition of the
community .
Intent/Purpose
D Create a tool to assist economic development efforts
D Foster diversification of economic base, including expansion of retail sales tax base
D Assist in attracting desired businesses and development to City
D Assist in redevelopment or reuse of priority redevelopment sites
Eligible Uses of Incentive Funding
D Improvements to public infrastructure that benefit a larger area or the public at large,
including but not limited to: street improvements, traffic signalization, sidewalks or trails,
water and sanitary sewer lines, storm sewer lines , drainage improvements, water quality
improvements, or electrical or natural gas lines.
D Costs incurred in eliminating features that detract from the surrounding neighborhood or
render a site difficult to redevelop, such as undergrounding electrical lines, removal of
environmental contamination, removal or relocation of utility substations or other facilities,
or demolition or renovation of structures that are obsolete or in poor condition.
D Costs incurred in providing public spaces , landscaping, or elements of streetscape beyond
that required by ordinances of the City.
Economic Development Criteria -Eligible Projects
D Retail developments or expansion of existing retail uses that will generate additional sales
tax shall be a priority of the City.
D Office or manufacturing uses creating or adding jobs.
D Underrepresented or desirable retail establishments. (e.g. table-service restaurants,
electronics and clothing stores )
D Residential projects that demonstrate benefit to the community, development on
underutilized sites, or within proximity of light rail station or other transit amenity .
D Any project deemed by City Council to be unique, advantageous, or desirable additions to
the community
D A determination of whether the project would proceed ifthe incentive is not provided.
0 Incentives are not intended to unduly enrich an individual developer or business or to create
an unfair advantage.
0 A statement from the business or developer to verify the need for the incentive in terms of
'why this investment is necessary to foster the development or business activity.'
Cost Benefit Analysis
D Staff will provide a cost benefit analysis for any incentive agreement. The three components of
a cost benefit analysis are:
o Identify direct benefits: The true measure of project value includes all property taxes,
sales and use taxes, impact fees, licenses and permit fees.
o Calculate impact of the project. Direct costs are matched against direct revenues. If
costs exceed revenues, the desirability of the project needs further analysis. If the direct
revenue exceeds costs the analysis can help identify the break-even point by
determining the number of years it will take for the project to payback the incentives
and other public costs.
o Identify direct public costs: In addition to the costs of incentives, all other direct costs
associated with the project are totaled to include infrastructure costs, utility, increased
fire, police and any other public expenses associated with the project.
D The break-even point or payback period of the proposed incentive will be estimated.
0 Impact of the project on existing Englewood businesses will be analyzed.
INCENTIVE TYPES
Coordinated Development Approach
The City of Englewood is committed to providing exceptional customer service and ensuring that its
applicants experience a quality development process. All projects are eligible for a formal in-person
Development Review Team (DRT) meeting, in which the responsible City departments provide
comments, suggestions, and recommendations prior to formal permit submittal to ensure an efficient
and effective process.
Sales Tax Reimbursements
The City may consider a share-back or partial reimbursement of the incremental City collected portion
of retail sales tax generated from the project. All proceeds of a sales tax reimbursement must be
utilized for purposes outlined under "Eligible uses of incentive funding."
Sales tax rebates shall not exceed 50% over the term of the agreement (with a maximum rebate to be
determined by cost/benefit analysis) of the actual incremental increase in sales tax revenue generated
by the use or site.
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Building Use Tax Reimbursements
The City may consider a reimbursement of construction and equipment use tax generated by the
development of a project. All proceeds of the use tax reimbursement must be utilized for purposes
outlined under "Eligible uses of incentive funding."
Building use tax rebates shall not exceed 50% (with a maximum rebate to be determined by
cost/benefit analysis) of the actual use tax collected.
Furniture Fixtures and Equipment Use Tax Reimbursements
The City may consider partial or full reimbursement of the use taxes paid for furniture fixtures and
equipment generated by a project. All proceeds of the use tax reimbursement must be utilized for
purposes outlined under "Eligible uses of incentive funding."
Rebates of up to 100% (with a maximum rebate to be determined by cost/benefit analysis) may be
given for furniture, fixtures and equipment use tax .
Tax Increment Financing
The City may consider utilizing Tax Increment Financing (TIF) through the Englewood Urban
Renewal Authority (EURA) only after an urban renewal area has been established. The City will only
consider utilizing TIF for projects that are unique, significant in magnitude, and have considerable
regional benefit.
• City Property Tax
The City may consider partial or full reimbursement of the City's portion of property tax collections
for a finite period of time.
Reduction in Fees
The City may consider offsetting all or a portion of the development fees for commercial or residential
projects that meet the goals and objectives of the Comprehensive Plan and Sub-Area Plans (if
applicable), and provide a unique and quality project in terms of product type , tenant mix, and overall
physical environment.
Rebates of up to 100% (with a maximum rebate to be determined by cost/benefit analysis) may be
given for building permit fees and development application fees, not to include plan review fees or
other contractual fees.
The City of Englewood is supportive of economic development and redevelopment related projects.
City Council will consider financial incentives to support economic development and redevelopment
activities on a case-by-case basis. The incentives outlined in this policy are provided at the sole
discretion of City Council and are not to be considered an entitlement for any eligible or otherwise
• qualified project.
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RESOLUTION NO.
SERIES OF 2015
A RESOLUTION APPROVING A REDEVELOPMENT ASSISTANCE AGREEMENT WITH
KRF II, LLC FOR THE RITE AID PHARMACY LOCATED AT 707 EAST JEFFERSON
AVENUE, ENGLEWOOD, COLORADO.
WHEREAS, the City wishes to provide certain business assistance in connection with the Rite
Aid Pharmacy Development for a 14,600 square foot store located at 707 East Jefferson Avenue;
and
WHEREAS, KRF II, LLC plans to lease this space for 20 years, with options to continue the
lease for 50 years; and
WHEREAS, KRF II, LLC plans for the project to generate new sales and use tax revenue, and
create new jobs in the City; and
WHEREAS, pursuant to the provisions of Section 31-15-903, C.R.S., the City has the
authority to negotiate for incentive payments or credits with taxpayers who establish new
business facilities or who expand existing business facilities; and
WHEREAS, the City Council finds the execution of this Agreement will serve to provide
benefit and advance the public interest and welfare of the City .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The proposed Redevelopment Assistance Agreement between the City of
Englewood and KRF II, LLC ( dba K.ENTRO Group), for the Rite Aid Pharmacy at 707 East
Jefferson Avenue, Englewood, CO is hereby approved, a copy of which is attached hereto as
Exhibit A.
Section 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City
Council of the City of Englewood.
ADOPTED AND APPROVED this 1st day of June, 2015.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2015 .
Loucrishia A. Ellis, City Clerk
REDEVELOPMENT ASSISTANCE AGREEMENT FOR KRF D, LLC
(dba KENTRO GROUP), FOR THE RITE AID PHARMACY AT 707 EAST JEFFERSON
. A VENUE, IN THE CITY OF ENGLEWOOD. .
nus AGREEMENT ("Agreement") is made and entered into as of the day of
~~~~~~~~~~_, 2015, between the CITY OF ENGLEWOOD, a Colorado
home rule municipal corporation (the "City"). and. KRF II, LLC, a Colorado Corporation.
WHEREAS, the City wishes to provide certain business assistance in connection with the Rite
Aid Phannacy Development for a 14,600 square foot store at 707 East Jefferson Avenue in
Englewood, Colorado (the project); and
WHEREAS, KRF II, LLC plans to lease this space for 20 years, with options to continue the
lease for 50 years; and
WHEREAS, KRF ll, LLC plans for the project to generate new sales and use tax revenue, and
create new jobs in the City; and · ,
WHEREAS, City Council finds the execution of this Agreement will serve to .provide benefit
and advance the public interest and welfare of the City,
NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and,
KRF II, LLC, a Colorado corporation, agree as follows;
1. Use Tax Rebates: The City shall rebate to KRF Il, LLC 50% of the Building Use Tax
collected in ail amount not to exceed $30,625, from the imposition of the City's 3.5% Use
Tax attributable to the construction of this project Rebates shall not exceed the lesser of
$30,625 or 50% of the Building Use Tax due on the project.
2. Sales Tax Rebatesj The City shall rebate to KRF96S, Ile 50% of Sales Tax actually
collected, in an amount not to exceed $105,000, from the imposition of the City's 3.S%
General Sales Tax on retail sales occurring at the Project ("Sales Taxes"). The rebate
period shall commence upon the issuance of the Certificate of Occupancy for Rite Aid
Phannacy. The total Sales Tax rebate shall not exceed $105,000 nor shall Sales Taxes be
rebated forlonger than three (3) years. · ·
3. Payment of Fun<ls: The Building Use Tax rebate shall be paid by the City in a single
payment and shall be made after receipt of payment of building use in an amount subject to
rebiJte. Payment wi11 be issued within 60 days of the issuance of the Certificate of
Occupancy for Rite Aid Pharmacy, ·
4. l % Franchise Fee: The City agrees to utilize its credit from Xcel Energy for relocation
and/or undergrounding of Xcel overhead utility distributiOn lines located on the property,
estimated $60,000. The Xcel agreement provides only for utility lines owned by Xcel.
KRF Il, LLC, is responsible for the cost ofrelocation of all other lines. KRF II, LLC will
coordinate the Xcel undergrounding through the City's Public Works Department.
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5. Below is a summary of those impediments and the use of proceeds from the economic
development incentive:
1. Underground/relocation of current overhead utility lines
2. Relocation and demolition of existing sewer line
3. Construction of underground detention/water quality
4. Potential relocation of city ditch (depending . on the development plan of
northern parcel)
6. Use of Funds. Funds rebated pursuant to this Agreement shall be used by KRF II, LLC
solely for obligations and/or improvements related to the project.
7. Entire Agreement. This instrument shall constitute the entire agreement between the City
and KENTRO GROUP and supersedes any prior agreements between the parties and their
agents or representatives, all of which arc merged into and revoked by this Agreement with
respect to its subject matter. Contact information iS'as follows:
KRFII.LLC
clo KENTRO GROUP
1509 York Street, Suite 201
Denver, CO 80206
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8.. Termination. This Agreement shall tenninate and become void and of no force or effect
upon the City if, by July, 2017 KRF Il, LLC has not completed the project (as evidenced
by the issuance of a certificate of occupancy); or should fail to comply with any City code .
Thro finite extensions of (30 to 60 days) this agreement can be extended by the City
M!lliager or designee subject to agreement of the parties. ·
9. Subordination. The City's obligation pursuant to this Agreement arc subordinate to the
City's obligations for the repayment of any current or future bonded indebtedness and are
contingent upon . the existence of a surplus in sales and use tax revenues in excess of the
sales and use tax revenues necessary to meet such existing or tuture bond indebtedness.
The City shall meet its obligations under this Agreement only after the City has satisfied
atl other obligations with respect to the use of sales tax revenues · for bond repayment
purposes. For the pwposes of this Agreemen~ the tenns "bonded indebtedness, 11 "bonds,"
and siinilar tenns describing the possible forms of indebtedness include all forms of
indebtedness that may be incun-ed by the City, including; but Mt limited to, general
obligation bonds, revenue bonds, revenue anticipation notes, tax increment notes, tax
increment bonds, and all other f onns of contractual indebtedness of whatsoever nature that
is in any way secured or collateralized by sales and use tax revenues of the City.
10. Annual A1mropriation. Nothing in this Agreement shall be deemed or construed as
creating a multiple fiscal year obligation on the part of the City within the meaning of
Colorado Constitution Article X, Section 20, or any other constitutional or statutory
provision, and the City's obligations hereunder are expressly conditional upon annual
appropriation by the City Council, in its sole discretion. KRF II, LLC understands and
agrees that any decision of City Council to not appropriate funds for payment shall be
without penalty or n;course to the City and, ftirther, shall not affect, impair, or invalidate
any of the remaining terms or provisions of this Agreement .
11. Govearing Law: Venue. This Agreement shall be governed and construed in accordance
with the laws of the State of Colorado. This Agreement shall be subject to, and construed
in strict accordance with the City of Englewood City Charter and the City of Englewood
Municipal Code. In the event of a dispute concerning any provision of this Agreement,
the parties agree that prior to commencing any litigation, they shall first engage in a good
faith the services of a mutually acceptable, qualified, and experienced mediator or panel
of mediators for the purpose of resolving such dispute. In the event such dispute is not
fully resolved by mediation or otherwise within 60 days after a request for mediation by
either party, then either party may commence legal proceedings regarding the dispute.
The venue for any lawsuit concerning this agreement shall be in the District Court for
Arapahoe County, Colorado.
12. Legal Challenge: Escrow. The City shall have no obligation to make any rebate payment
hereunder during the pendency of any legal challenge to this Agreement. The parties
covenant that neither will initiate any legal challenge to the validity or enforceability of
this Agreement against any challenge by any third party. Any funds appropriated for
payment under this Agreement shall be escrowed in a separate City account in the event
there is a legal challenge to this Agreement. '
13. Assigrunent. This Agreement is personal to :KRF TI, LLC. KRF U, LLC may not assign
any of the obligations, benefits or provisions of the Agreement in whole or in any part
without the expressed written authorization of the City Council. Any purported
assignment, transfer, pledge, or encumbrance made without such prior written
authorization shall be void, ·
14. No Joint Venture. Nothing in this Agreement is intended or shall be construed to create a
joint venture between the City and KRF Il, LLC, a Colorado corporation and the City
shall never be liable or responsible for any debt or obligation ofKRF II, LLC, a Colorado
corporation.
KRFll.LLC
A COLORADO CORPORATION
(dba Kentro Group)
By: --..~'-+i -'-y-+-?&-afas_....,,-4C...,.E~'--~-· -
AITEST:
CITY OF ENGLEWOOD
By:~~ ..................... ~~ ..................... ......._
Randy P. Penn, Mayor
AITEST:
Loucrishia A. Ellis, City Clerk
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