HomeMy WebLinkAbout2008-05-19 (Regular) Meeting Agenda PacketI. Call to order.
2. Invocation.
3. Pledge of Alleglance.
4. Roll Call.
AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 19, 2008 7:30 p.m. Engle"ood Ci,ic Center -Council Chambers I 000 Englewood Parkway Engle-,,ood, CO 80110
5. Con~lderallon o( Minutes o( Previous Session.
a. Minutes from the Regular City Council meeting of May 5. 2006.
6. Recognition ol Scheduled Public Comment (Please limit your presentation 10 ten minut.:-s.)
7. Recognition of Unscheduled Public Comment (F'lease limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
continued to General Discussion.)
6. Communications, Proclamations, and Appointments.
a. letter from Diana Helstrom onnou,,·ing her resignation from the Urban Renewal
Authorll).
b. Eanall from laurel Dyg01,s~I announcing her resignation from Keep Englf\v.11d
Beautiful.
9. Consent Agenda Items.
a. Approva l of Ordinances on Firs t Reading.
Ple,1se note: If 1·ou ha, r ., dls,1blll1y and need ,,uxlllary a,d, or services, ple,se notify the City of fn3t,•"uod
1303•762-!40") ,11 leas1 48 hours h• adv,111ce of when ser\lces are needed. Tirnnk yotJ
[Jlgl<",ood Cir, Cour1nl Agenda M,1\ 19. 2008 P,,ge 2 b. Appro, al ol Ordinances on Second Reading. c. Resolutions and Motions. Recommendatio n from the Public Works Depa rt ment 10 appro,e, by Motion, th e purchase of a 37-loot bucket truck. Staft recommends awarding the contract to
Ahec Industries through current Coty of Englewood bid request in the amount of
S78,2 -16. STAFF SOURCE: Rick K3hm, Director of Public Works; Pal \.-Vhi te,
Fleet Adminislra lor; and Ladd Vostry, Traffic Engineer.
10. Public Hea ring Items.
a. A Public Heari11g 10 gather public testimony on Coundl Bill No. B, authorizing the
Dem er Semina,y Planned Unit Development Amendment No. 2.
11. Ordinances, Resolutio ns and Motions.
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Moti ons.
Recommennallon fro m the Utilit ies Depa rtment 10 adop t a resolution approvi ng
the City of Englewood's participation In the Sou th Platte Water Related Activities
Program. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
,i. Recommendation from the Engle\\ood Mclellan Reservoir Foundation 10 approve
a resolution In support of the CarMax lease. STAFF SOU RCE: Stewart H. Fonda,
President, Englewood Mclell an Reservoir Foundation.
12. General Discussion.
a. Mayor's Choice.
Request for ,luthoriz ation of travel e~penses fo r Mayor Woodward to attend the
National LeagtJe of Cities Conference in Rapid Cuy, South Dakota and the
Colorado Munlclpal League Confe rence In Steamboat Springs.
b. Council Memb.-15' Choke.
13. City M~nage r's Report
Pltast' noie: If )OU 1~1\e • dl<.lbllny ,loci need au"'l~uy •Ids or ,emct"S. plt.>sc no1,f), the c,r, of rngle-,ood
110),~62-2-107) al lNSI 48 hours ,n ,ld\,ln<~ of \\hen \CnlCes ,lrt needt'd. Tildnl. you.
Englewood II', C°OIJn< II A~rn(l,1 Ma 19 . 2008 PJge J 1-l . Ce~ A1tomey's Report I 5. Ad)Oummenl.
Ptr,,sr 11010 . If )Oil h,1ve ,1 rfl<,1bi111y and II ed au,ihary ,1ids or services, plea e nollfy 1hr Clly or [nglewood
llOJ. "62·2407) ,II lr,151 48 hours In adv,111ce or when ser.ires ,1re neenerf. Th.ink you
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1. Call to Order
[NGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session
Mayos, 200a
The regular meebng of the Englewood City Cooncil was called to order by Mayor Woodward at 7 42 pm
2. Invocation
The lnvocaUon was given by Council Member McCaslin
3. Pledge of Allegiance
The Pledge of Allegiance was led by Cou ncil Member Mccaslin.
4 RollCall
Present:
Absent:
A quorum was present
Council Members Jefferson. Moore. Penn , Oakley Mccaslin, Wilson,
Woodward
None
Also present. City Manager Sears
City Attomey Brotzman
Deputy City Manager Flaherty
Deputy City Clerk Bush
City Clerk Ellis
Director Long, Library
Director Kahm , Public Works
Engineerlng/C apital Projects Administralor Henderson , Public Works
Director White, Community Development
Recreation Services Manager/Golf Spada, Parlls and Recreabon
Fire Chief Pattarozzl
Police Commander Watson
5 Con sfderatlon of Minutes of Previous Session
(a) and (b) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER MOORE
511
SECONDED, TO APPROVE AGENDA ITEM S (a) • THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF APRIL 21 , 2008 AND AGENDA ITEM 5 (b) • THE SPECIAL CITY COUNC IL MEETING OF
APRIL 28, 2008.
Mayor Woodward asked if there were any modifications or correctoos There were none
Vote re,u1t1 :
Ayes:
Motion carried
Nays
Council Members Penn. Mccaslin, Moore, Woodward , Jefferson,
Wilson, Oakley
Noroe
r;i Englewood Cliy Council May 5, 2008 Page 2 6. Rec ognition of Sc hedu led Public Comment Mayor Woodward sa id please l1m1t your presenlat ion lo ten minutes Typ ically, scheduled and unscheduled ,'ublic comment ,snot a dialogue with Council If Council would like to address what you have presented al the eid under Councd Members · Choice, lhat's when they will do it
(a) Michael Morton , Executive Director of the Greater Eng lewood Chamber of Commerce. sa id I • be li eve you all have a ccpy of my handout in front of you . The Englewood Business Improvement District and
the Greater Englewcod Chambe r of Commerce have joined together lo create Englewood Sa le Day in an effort
lo further economic prosperity in the Broadway Shopping District from Hampden to Yale. Our action plan is as
follows : we will work with the Lions Club to install flag holders in front of as many businesses as possible that
wan t to partici pate in this sale . Our goal is to have 50 to 75 fiag holders installed . We have about 20 to 25 flag
holders that are presently installed , for use for Amer ican holidays lik e Memorial Day and Labor Day. The BID
Board will order 50 to 75 Englewood City flags, to be used for Englewood Sa le Day . In look ing al the
ordinances, we are allowed lo fly either Englewood City flags or Colorado Stale flags , and what we wanted lo do
was to ident ify wit h the City of Eng lewood , in people 's minds . for them lo realize tha t we were having a sale day
once a month . So once we start this, we fee l that after about six months of doing this , we can start lo get in the
minds of shoppers that the last Saturday of every month will be a sale day for part icipating merchants that are in
Englewood . Also , the flags out front will red uce the clutter of having like a side walk sa le or ~!lmeth ing like that,
but will show movement and un ity b~tween the businesses , wh ich shou ld be good to attra,:t new custome rs and
also new bus inesses to fill some of the vacant shops that we have on Broadway Small placards will be placed
In each partic ipating business ' front window, explaining the monthly sale so that customers that are shopping
during the month will understand what this Is. And then number three is we wil l work with the Ci ty of Englewood
to change ord inances lo include the ab ility of the BID to create the ir own sa le day fla.g, their own logo flag, which
is not prese ntl y allowed . The positive effect of the flags flying outs ide of a va ried group of bus inesses, on a •
specific sa le day each mon th, will attract shoppers ' attention . The Chamber of Commerce would like to work
together with the BID on th is: helping them with advert ising. li nks from our webs ite lo theirs , and so on arc so
forth , lo te l our members know so they can tel shoppers know and people lhal are visiting our webs lte ... to look
at member businesses to see this also . So , we are look ing forward lo start ing this In the next thirty lo sixty days
and also wo rk ing with the City Cou ncil and the City lo address any ord inances that we need lo , so that we can
get a BID logo flag approved in the future .
Mayo r Woodwa rd said thank you Michae l. Ted. I guess you have someth ing also ?
Ted Vas 1las sa id first I'd li ke to update the Council and the City staff, on the goals arid the plans for the 2008
Business Improvement Dis trict. Right now we are clean ing the sidewa lks in the who le BID area . We are
work ing with a landscape architect to come up wit h a beautification plan As soon we have the plan, we will
come over here for you to approve It. We are work ing wi th a marketing and advertising co mpany to attract more
customers and advert ise our month ly sa le, the one Mike mentioned We are working on a phone book lo att ract
new businesses lo Eng lewood . Now , I have a little different matter to bring up. On March 12"', we had a speci al
meeting between BIO and several members of t~e City staff . We discussed the possibi lity of outdoor seat1ng for
food and beverage service establi shments. There was en thusiastic agreement. Howeve r, I noticed the
encroachment agreement was to be signed between the City and the owne r of the property . In the cases of the
Break fast Queen ... ! own the Breakfast Queen restaurant by the way ... and El Tepehuan , they are very
interested In opening a patio outside their establish ment loo . The owners of the building are not interested In
signin g for a pat io to be adde d. Th is space is City property . I have spoken lo Darren Ho lli ngswort h, who
discussed th is Issue with Alan White . I spoke to Mike Flaherty an d he discussed the issue with the City Attorney
and the City Manager , who reco mmende d lo me to bnng this matter in fro nt of the City Council. They would all
like lo see the encroachment ag reement changed lo have the bus ine ss owner be the signer All the bus inesses
on Broadway benefit from Increasing pedestrian activity . Outside seat ing encourages patron s, shop own ers and
passers-by to vis it with each other, creat ing a feeling of a community . Out side sea ting will slightly increase the •
eating ca paci ty, bringing highe r sales , and genera ting more laxes for th e City Ou tside seating emphasizes that
the bu siness is open , and that's in a commun ity friend ly fashion A nice labt e with fl owers 1s very Invit ing. A
co up le of tables will not obstruct pedestrians on En glewood's broa d sidewa lks Outs ide sealing is much eas ier
fo r handicap access . wea ther perm itting, of cour se I hope you all take my notes under consideration . I'd love
to ha ve a pat,o this summer From the bottom of my heart , I th ank you . I wou ld love to hav e a patio and the
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Englewood City Co un cil May 5, 2008 Page 3 owner of the Mexican restaurant across the street wou ld hke to have a pat,o too , but we have to deal with very stubborn building owners that don 't want the success of this town . They want our rent every month , but tt,ey don 't want the success of this town . They don 't want anything lo do with the City , so we can 't allow them to dictate what we do on the Ci ty property. Thank you Mayor Woodward said thank you .
7 Recognitio n of Un sche duled Pub lic Commen t
(a) Doug Cohn , an Englewood resident , said I OV/n one of the stores in the Business Improvement
District and I kind of like what those guys were lalking about I have severa l things to talk about so I will be real
quick , I want to say thank you lo the Parks and Rec guys and Public Works . The stores along the street, awhile
back , asked that the trees be trimmed , because they were hitting people in the face and obs tructing the views ol
the stores . The Public Works and Parks an d Rec guys ... thank you very much, you did a good job on that I
have been reading the notes an d you guys have been doing quite a bit of study abJut the 60 foot rule and
may6e mak ing a modification to that. Great idea . Keep on go in g forward with that one. You are talk ing about
that paseo , that rock pile between El Tepehuan and the music store and making that into a nice little wa lkway
and improving the lights through there . Really good idea . I read last week that you are also talking about
brightening the lights on Broadway to make It more attractive . If you drive through downtown Littleton, the 32""
Avenue or Pearl Street at Gaylord , it is as bright as the noon day sun . Lighting up the street is a wonderful idea .
Get some of those sodium light bulbs or something. Thal would be wonderful stuff. I have been reading that
you guys have been working also wi th the builde rs and talking to guys tha t want lo build stuff here lo upgrade
ou r housin g. Great idea . Here comes the "but" ... I have an issue . Ten days ago I got the agenda for last
Monday night's meeti ng in an e-mail and ii said you guys were going to have an emergency City Council
meeting . I said hmm, boy, you ha ven't had one of those in a long time ... did not have one of those during the
snow emergency two winters ago . The City declared a snow emergency, but the City Council didn 't have an
emergency meeting and I was thlnking ... now why would you want lo do this ... before I opened 11 up. Maybe you
are goi ng to do something, you guys are going to plan on taking care of the drug problem . I was thinking, well
maybe you have something to do with a concern aboul the folks loosing the ir houses and somehow you figured
out a way to he lp folks not lose their houses . Then I opened the thing up and it said rooming houses ... room ing
houses? I scratched myself on the head and said I didn't know we had any of those . This was like a meteorite
from outer space . I didn 't know wr ad a crisis . I was speechless . So, I thought maybe I had missed
something so I wen t though the ol d City Council minutes for the last year or so looking for some kind of
discussion of the problem with rooming houses . I couldn 'I fi nd any discuss ion anywhere about that And , I
guess I am wondering .. do we have a lot of rooming houses? Do we have a few? I know there Is one ongo ing
ccmplalnl, bu t I don 't know if that is the motivation for the law . I guess I am wond eri ng ... is one complain~ 1s that
a crisis? When my wife went to law school, on the first day about the second se ntence from her first instruclor
was .a fundamen tal prin ciple of law is bad facts make bad law and that laws made in emergency kind of
situations have all kinds of unintended consequences . So I guess I am wondering .. my question is . why is th is
room ing house th ing a problem? I am scratching my head with that . I hor.esily don't know so I am asking for
information on 1t. Hlstoncally, there is some evidence that after Tom Skem lt died, the guy whose house was
over on Bannock Stree t, his widow took in ren ters to help pay the taxes . So , we have the historica l sil uation , I
guess for a hundred years . I am mostly speechless, but I am still talk ing . I don't unders tand it When my Mom
went to Stephens College In Missoun back in the 1930's, she hved in a rooming house and that roomi ng house
later became a sorority. I know I am almost runn ing out of time . But back to my question , why do you all care
about rooming houses and why is th is such a crisis? As I drive around in my RTD bus, I pass the new motto for
the City of Lakewood and 1t is kind of scattered all around the edges of the town and says, ·we are building an
inc lus ive community·. I paused and thought about that for awhile and I guess the other side of thal one, lhe
question you would have to ask is, are some peorle bu ildi ng d1scnmlnatory and exclusionary communities? I
hope we don't do that. Thank you
Mayor Woodward said thank you
(b) Greg Alle n Pickell . an Englewood resident. sa id Mr Mayor and esteemed members of the City
Counci l. thank you for giving us the opportunity to speak to you this evening We are here to reaff irm to the
Mayor , the entire City Council and specifically lo our d1stncl representative , Joa Jefferson, that we are not ,n
Engl ewood City Council May 5, 2008 4 Pago 4 • support of lhe boarding house that ,s being run on South Pearl Street I stand here In solidarity ton ig ht with many of my ne,ghbors from that block of Soulh Peart Street and Comel Street They are all here Anne and Miguel Drake, Ron and Robin Noffsinger, Randy and Sandy Bax, Chns Carman, B1II and Jane Sigler and Mitch and Angela Grun. Each of us here are veIy concerned about the preser! and future impact that the boarding house on Soulh Peart Street has on our community. And 1f you remember, at lhe January 7"' Council meeting, Ms Bartn ick presented the Council with a petition signed by parties that supposed ly had a vested interest In !his
issue Upon further lnvesbgabon, 11 tums out !hat most of lhe people who signed that petition don't even hve In
the City of Englewood, and those that do, don't live on our block They don't have the Impact that we're having
and It doesn't take a great dedl of energy or commitment to sign tha t petition. Those that signed 11 do not have a
vested interest in our community. In contraSl, City Council, take a look at the people that are here tonighl We
are the concerned neighbors that are bein g Impacted by this boarding house, We could have all iust signed a
pet1t:,1 and presented It here to you , at City Cou ncil, bul Instead, we Invested our time, our energy and our
commitment, and took ~ upon ourselves to come to lhe Council meellng tonight to share our concerns, exp(ess
our grievances and to ask you, the City Council, for your help, Is that not what a representallVe democracy IS all
about? And we are here tonight asking for your representation, for your assistance, from you the peop le wh o
were elected to rep(esent us, rep(esent our needs, our famdles and our corrvnunity As many of you p(0bably
remember, I ,poke to the City Council on January 7", so 1f you want to go back to the minutes of January 7"
about some of these concerns I want to take !his opportunity to reiterate a few of my concerns and also bring
forth some add1b0nal p(Oblems that have ansen in the past few months. First and foremos~ I would ike to
applaud the City Council for placing a six month moratorium on the construct,on of any new boarding and
rooming houses in our community This wasn't a law that was passed that Is going to have a great Impact, It's
iust a six month breathing lime, so we can wort( through lh1s problem. This Is the first step In wllat Will hopefully
be a change to the zoning code But allow me a mome nt to ta lk about zoning. What Is the purpose of zoning
and why should ,t be enfOlCed? According to Trtle 16 of the Englewood Municipal Code, the Englewood Unified
Development Code, Chapter 3, Section 2, quote "one of the goals of the City 1s to encourage a vanety of •
housing types to meet the needs of differing Income levels and varying family st ructures." The regulations for
these zoning dislricis are designed to stab"tze and p(Oled the essential characteristics of the districts and to
promote a compatible ne1ghborhood environment. Chapter 3, Section 2A, goes on 10 s~eak specifically to R-1
zoning, stating that R-1 zoning Is designed to be single dwelling unit residential districts, multi-un it dwellings are
not allowed In these d1stncls This Is coddled This ,sour Englewood Municipal Code The spirit and Intent of
zoning laws and regula tions are clearly laid out in these sections of the Englewood Unified Development Code .
Zoning Is designed lo quote ·stabilize and protect the essential cha racteristics an d to promote a compatible
neighborhood enwonment • The essential characlembcs of our nelghbomood, zoned R-1-C, are being
undermined and v1ola ted by lhe boarding house, wtuch has invaded our community As I ment,oned when we
last spol<e to the Cffy Council In January, my wife and I were very intentional about where we bought our first
home four and a half years ago. We spent monlhs researching different nelghborhOOds and taking walks 1n
different ne ighborhoods al different time s of the day and night lo see what the intrinsic characteristics of the
ne,ghbolhoods were like. This led us to be very deliberate about where we purchased a house and we opted to
buy in a d1str1Ct zoned R-1 There were a plethora of reasons for that, but the biggest and most impor1anl
reason Is that a neighborhood zoned R-1 is more likely to have families, a sense of permanence and a true
community We knew that we would i.ctually get to know our neighbors and form a community with them If we
were able to buy a house In an established ne,ghborhoocl In an area zoned R-1 . We could have paid less f0< a
house or gotten a bigger house if we had bought four blocks to the west on Sherman, In an area zoned R-2, or
bOught five blocks to the south on Giror-:1, 111 an area zoned Mixed Use R-3 But instead we wanted to l,ve In a
family neighborhood that had a real sense of communffy, so we bough our first house on Peart Street In an area
zoned R-1 We assumed that meant that we would 11ever have lo live next to an apartment building or boarding
house With a transient population and Increased foot and car trafftc The Bartnlcks have violated the Intent and
spirot of the law by erecting and running a boarding house In our neighborhood This has had a multllude or
impacts on the community of that block of South Pearl Street There has been mcreaned traffic and on-street
parking, people coming and going at all hours of the night, and a general change In the look and feel of the
ne1ghborhood, undermining those ·issent1al charactens11cs of the neighborhood and disregarding the purpose of •
zoning to create a compat1llle neighborhood environment, as defined by the Urnf1ed Development Code. The
temporary renters. at lhal house on South Pear1 Street. have made no effort lo get to know their community 0<
ingratiate themse lves to their neighbors The Bartn lcks have advertised on their web slte ... and I quote 'No
lease agreement requ11ed Month lo month $600 00 per person • This has severe Implication s for Ille nature
of our community and our ne,ghborhood They are Inviting a non-permanent. transient populatior into our
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Englowood City Council May 5, 2008 Pago 5 neighborhood They are not requmng a lease agreement and not performing background checks, credit Checks or anything on their tenants . Yet they really have no control over those tenants, like they would d they were members of their fam,ly This undermines the very nature of R-1 zoning I would like I<' ask lhe Councll Members. the Mayor and others gathered here d they would want lo live next door to a house With a transient population? Would you want lo lrve ne..t door to a boarding house? Would you feel safe at night knowing that In the house next door live people with no ties lo the community and no interest In gelling to know the~
neighbors? Another issue related to this Is the wanton and willful disregard for the law that the Bartnicks have
shown throughout th is entire process. As they were building their house, they staled that they were hoping to
quote 'fly unde, lhe radar• of lhe c,1y ,n lerms of running their board ing house. Now lhal II Is out In the open,
lhey continue lo openly disregard the law and disrespect the spirit and inlenl of lhe law. despite the tact lhal the
neighbors and the Cily have brought lhese concerns to their altention, The Bartnicks have disregarded the
designated purpose of a neighborhood zoned R-1 Even though they found a loophole ,n the law and jumped
through it, this still demonstrates a desire on their part to knowingly and willfully v10late the spirit and Intent of the
law, if not the letter of the law
M•. Plci<et said ls my tune up Mr Mayor? Mayor Woodward replied you're real close . Mr Picket said okay.
lhank you . Mayor Woodward said thank you .
(c) Chris Carman. an Englewood resident, said l yield my time lo Greg Allen Pickel
Mr. Pickel continued saying another law that the boarding house on South Pearl Street ,s a:ttvely violating Is 1n
creating the required number of parking spaces for a board ing house. I know you spoke at a Study Session
today about parking spaces for residential parking, but Title 16, Chapter 6, Section 4F, of the Englewood
Municipal Code. expressly states that for a roomi ng or boa rding house, quote ·one off-st reel parking space for
each guest bed, 1n addition to the one-unit dwelling requirement· And the one-un,t dwelling requiremenL lhal
you guys were speaking about, specifies lhal there must be two spaces per each dwelling unil This means that
the Bartnicks are required by law to have frve off-street paved parking spaces. These requirements. according
lo Title 16, Chapter 6. Section 4. are, to quote. ·to prevent or alleviate the congestion of pubhc streets. to
minimize any detrimental effects of parking and loading areas on adjacent properties and to promote the safety
and welfare of the public • Our street has become congested with extra cars due to the operation of this
boardlng house II has created detrimental effects of pa rking on adjacent properties and has undermined the
safely and wel 'are of the public tr the Bar1nlC;ks are gomg to declare themselves a boarding house, then they
must fulfill all of the requirements of a boardin g house, Including the creallon of paved off-street parking spaces
I ask the Counot lo please follow up with this and forward this onto the Community Development Oepar1menl
In addltlon. the Bartnicks wrote me a letter encourag ing me to open an illegal business In my own house I have
copies of the letter here and I WIii submit them to the Clerk to go on the record The letter once again
demonstrales the wanlon and willful disregard for the law. A simple reading of the Municipal Code makes rt
clear lhat I cannot run a store out of the back of my house ,nan area zoned R-1 I understand thal, !>ut lhe
Bartnlcks are asking me to do that. They are enoourag1ng me to VtOlale the law With them All of these things
ra ise some senous concerns. as her neighbors We are very concerned about th is If they've chosen 10
disregard the spint of the law related to R-1 zoning and the letter of the law relating to the required parking
spaces, and even encourage their other neighbors to also viola le the law. what laws w1ll lhey disregard next?
This slippery slope puts all of her neighbors on edge and at nsk I stand here in sotidanly wit~ the rest of my
neighbors and Implore lhe City Council lo lake action on lhls Please work with us to resto,e the sense or
community on Pearl StrP.et and help us to take back our ne,ghborhooc Thank you
Mayor Woodward said thank you
(d) Robin Noffsinger. an Englewood residenL said good evening Mr Mayor and Council Members,
we sure appreciate you letting us speak tonight We are the Noffs,ngers I am Robin and this Is my husband
Ron We have owned lhe property on South Pearl Str~el for the pasl 25 years We arc also here tonight, with
the support of all our neighbors. lo votce the concerns of au the issues ,nvotved in that property on South Pearl
Street. to which we five directly south or since last August. we have been bringing to the C11y·s attenhon, our
feelings of fl/St how much that properly on South Pearl Street and ,ts owners. the Bartnlcks. have negahvely
Impacted our neighborhood We are aware thal the Code Enlorcemenl case against them was dropped due lo
the fact that the Englewood Mun,c1pat Code lacked a defm1tton for a room1nglboard1ng house It st.II seems very
Eng lewood City Cou ncil May 5,2008 Page6 unclear to us how the property owners can now claim that they are rur,nlng a roomlnglboardmg house when no such definition ex,sts. Along with all the other issues being addressed here lomght, we are all concemed about how this situation is going lo affect our property va lues. Obviously our Arapahoe c~unty lax assessments will go up and due to the dose proximity of the South Peart Street property, all of us are impac ted We would have no problems with pay,ng more taxes Itwe could see a positive impact fOf the neighborhood. But ,n reality, our market values have plummeted due to having a rooming and boarding house directly next door. Anyone in the
housing markel, looking for a single family residence in lhe R-1-C district. wouldn't even consider our place, due
to this situation Let's say we wanled to sen We pose this question to Counc,I. the MaYOf and the olhers
gathered here. Would you choose to purchase a home in a single family R-1 neighborhood next to a boarding
house? This Is another reason that the zoning laws exist and once again demonsl::.les lhe detrimental impact
of v10lating the spirit and the intent of these laws We do appreciate all your time and efforts that the City and
the Council hove given to this matter, but we hop, t everyone involved will remain focused In finding the
answers to rectify this problem. Thank you .
MayOf Woodward saKI thank you
(e) Miguel Drake, an Englewood resident, said good evening and thank you for you r lime. We are
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adJacent neighbors to the boarding house on South Peart StreeL I am going to speak dlrecUy to lhe negative
impacts of having a boarding house immediately adjacent to my property There Is a dog ,n lhal house thal has
menaced my son, myself and my wife, on my property . I don't know who this dog belongs lo, I can't find this
ouL This person won't talk to anyone, he goes Inside and he goes away I have increased traffic. I have zero
accountability for my ne.ghbors lo the neighborhood I have a fear that there are anonymous people iving next
door to me lhal I cannot trace In any way and any damage thal they may do, I have no way lo regress These
are direct consequences of having a boarding house next door. Additionally, let's thin k aboul It for a moment
and say, Okay. we Wlll allow a boarding house w,th perhaps three resKlents, plus the Ofiglnal Well, let's say, we •
have a house or IWO people with lhree residents each I now have five cars per 50 foot frontage This is R-1-C,
lhls Is a small frontage area. How do you park five cars on the slreel? II can't be done . Furthermore, I have the
Increase~ traffrc impacl due to that You know, I have a greal deal of concern about the precedent of allowing ,
essenbaly, non-owner residential boarding houses In what is fundamentally defmed as a single family zoning
Again, I am here wilh my neighbors We are here because we are concerned Thank you very much for your
time Good evening.
Mayor WOOdWud said thank you,
(f) Betty Jean Michaud, an Englewood resldenl said everylhlng thal has come up is prelly much
what I was going to talk aboul so rt would be a wa·,te of my lme and yours, because lhey have covered thlllgs
very well and especially about the parking. Than k you.
(g) Rhonda Jo Gllhl, an Englewood resKlenl, saKI thank you for the opportunity to be able to speak
t~mghl. I would like to speak, of course, obvlousl~, In regards to the boarding house issues lhal a e going on, I
do want 10 let you know thal I did have the opportunity to be raised In a very wonderful home. My parents had
over seventeen families in and oul of my home in the twenty years We didn't know that It was quote 'a
boarding house • We were being good stewards, good citizens and keeping souls al our home and helping
raise Ind ividuals lhat needed to have a d1lferent place and a dllrerent Identity which my parents brought.. a
stable relationship. I respect and understand it could be very horrible with parking Issues and various other
different things, but 1n the whole twenty years, there was never. ever anything lhat was done that was out of the
law. When my parents had these seventeen families in and out. we actiJany had two tammes In, thal were
brought over to our home wilh medical visas. To be able to have the opportunity to be In the United States of
America. to have Injuries and various other different things thal they could not have In lhelr land, taken care of
while they were housed In our place So, I do respect whal you folks are trying lo do I dont know the full
ram 1hcation o f everything, I don'I know all the legalistic issues and a lol of the different lhlngs thal you have •
stated. bul I do hope lhat you take 1110 consideration the medical issues and everything else. A lot of lhe people
do open theff homes as crtizens, as caregivers and caretakers, and I do want to let you know there was not a
dime thal my parents took when lhey housed these sevenleen fam,hes And when we have our Monday night
dinners with enllre families together, it Is awesome, because I've got exlended fam ily now. ~nd, I do want to let
you know, my youngesl son ,s an officer of the law, so f can tell you, we do respect the law Ve were born wilh
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Englewood City Council May 5, 2008 Page 7 morals and ethlCS that we instilled with everybody that came in to our home as well It does sound to me like rt Is a personal lynch ing, because I have only hnrd one fam~y be repeated over and over .:nd over again And lhal does concern me, because I do know, as a rractlce administrator for a surgica l pracllce, I do have the opportunity lo spea k to hundreds , upon hundreds, u~0n hu ndreds of med ical doctors wtlhin the Littleton Porter area, Porter Hospllat as we ll as Sky Ridge Medical Center And t do know lhal .,, are very. very grateful for the people that open up their doors for the Individuals th~I end up in Craig Hosptlal. for those fam\11es that cannot
find places to stay next to Craig Hosp,tal And no, I understand lhal you wouldn't want to have an apartmenl
complex However, I do tell you that there are a lot of people that have opened up thetr doors, wilh big hearts I
just hope lhal you take that into conslderahon when you are talking about whatever law It Is that you are wanhng
lo pass Thank you very much
Mayor Woodward said thank you
(h) Patrick Pensinl, an Englewood resident, said I have some issues, bul I came here moslly
lonighl to learn proper procedure on how lo address the court. so that 1s the only reason I am here as a vtstlor
So, I ri nol make any statements at th,s bme_ Thank you
Mayor Woodward said thank you
Mayor Woodward asked is there anybody else that would li ke lo make a statement?
(i) Matthew Crabtree , an Englewood resldenL said good evening. I am here with curiosity and
concern regarding this boarding house issue. My concern Is separate from then. My concern is the process
that's being followed here. I would like to personally know what consbtules an emergency meellng and why this
was held in such an emergency Pad an immediate fashion One thing that t would ltke to remind Council is, and
please ~~~·t take offense to 'his. l~.ise on Council lhal have made some of the weaker decision In the past. but
there Is a bil "fa h"llory w1I:i En glewood making some decisions in a rash manner that haven 't always turned
out lo lhe b sl One l•sue that c omes to mind and that Is lhe 50 fool frontage, lhe limited lot width Similar
situation, where U.e people came before Council and said, I don't want duplexes . I want only single family
homes on a lot WeU, I don't know Iha exact history on ii, but it was passed Well, we all know how that lumed
out That severely Injured our Ctly and that was passed In a mariner with a sman percentage of the population
coming forth with a cur,enl concern Has anybody addressed the concerns and lhe 1mpttcat10ns with this
particular boarding house thing? By passing lhis, do we know what is going 10 happen? Do we know four years
down the road If we are not going to come back lo Planning and Zoning and say, oh, oh, we better reverse that?
I would like you all lo lake that into consideration. Thank you
Mayor Woodward said thank you
~) Rick GllliL an Englewood residenl said good evening Counctl men and Counctl lady I wasn I
gomg to speak tonight but I was concerned over the tSsue of the board"1g house Some years ago, Council had
no problem allowing on Lipan and Chenango for the County to put In a no,,.vIofent offender home that was
monitored 24/7 We had no prob lem with that. said the community will be fine and everything will be okay, II
wasn't an eme rgency meeUng then . I am kmd of with the gentle man before me I went back and looked up
when there was an emergency session and I am confused on why this is an em0 rgency session Usually when
we have a knee,jer1< reaction 11 ,s for two reasons d Is either for personal. there Is a personal issue with the
person, lhal we don't hke them, ano we want to hurt them, or there tS a different agenda Either way It doesn't
look good without us thinking this thing through before we go for a !united bme Listening lo th" Code, there Is a
difference between multi-unit homes and a home lhal allows people to use their rooms My wife spoke a few
minutes earlier I have seen lhe positive result of that I couldn 't help but wonder. you know we brouphl lhe
lynching, we brought the rope and we forgot to bring the guest. I would hke Ms Bar1nlck to have the c, portunity
lo say her piece, because· .er neig hbors sure have. I hope we don't make the decision and finalize something
before we give her that opportunity You know people I heard them ta lk . People come and go In my
ne,ghborhood all limes of lhe nighL you know. d1flerent types of jobs We ar6 a 24/7 commun ity II we want 10
live in a community where people don't wort< al n".}hl. or you know, then we need to have covenants If
Eng!ewood wants to star1 lo be a covenants crty, then we need lo define Englewo..d as a covenant ctty I'm a
reallor and I have a hard bme Im a realtor who Ives In Englewood and I love 10 ~ell homes ,n my own
Englewood City Council May 5, 2008 Paga 8 neighborhood I could not even get my own son, a Denllef pohceman. lo buy a home III Englewood because he was nol happy with the way Englewood was turning So. we are having a problem getting people we have already limited pop-tops and I'm sure there was a reason for that, the 50/60 foot rule, and I'm not sure about thaL We keep making these ru les without thinking them oul And I plead with the Council tonight, don't make a decision quick. and think this out , I also know of a boarding home In Englewood who boards the elderly, Their families cannot take care of them 2417. So there are people In this home that come and go at different times.
Are we going to shut that home down as well? What about the families who bring in foster children? Are we
going to shut that home down as well, because that comes under the boarding rule as well? So, I think we have
a deeper Issue here. I don't live In their nelghbomood and I don't know their Issue . Obviousfy, It Is tender issue
to them, Some of ,t seems personal more than legal. And I want lo correct a gentleman; she was not convicted
of anything. She has broken no laws, There were no laws broken as far as I was told. And I am not here to
defend her. but I don't hke Jo hear that someone Is calling somebody a law breaker If they have not broken the
law. And I wlll end with that. The last thing I would like to say ls ... 1 llke whal the gentleman said prior to
me .. ,let's make Englewood an Inclusive City. It is hard enough, like I said, gettlov1 oeople to want to live here.
Lefs quit the nonsem,e of shulling It down to where we have anolhe r restriction , another reason for people to go
some place else Thank you very much.
Mayor Woodward said thank you
8. Communications, Proclamation, and Appo intments
(a) A procl amallon naming Ol ga Wolosyn as Englewood's Citizen of the Year for 2008 was
considered.
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Counal Member Moore said It Is w!lh great pride and honor that I would llke lo move this proclamallon fOIWilrd •
naming Olga Wolosyn as Citizen or the Year.
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
THE PROCLAMATION NAMING OLGA WOLOSYN AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 2008 .
Mayor Woodward asked ff there was any discussion There was none
Vote results:
Mollon carried
Ayes· Council Members Penn , McCaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays· None
Mayor Woodward read the proclamatJon in run. There was applause.
Mayor Woodward said I would just rlke to mention we are celebrating Olga's contribubons on Monday, a week
from tonight, M;iy 12"', in Hampden Hall, right here In Civic Center, and wew,11 be celebrating her being named
our c ,t,zen of the Year.
(b) A proclamallon declaring May as Stroke Awareness Month was considered.
COUNCIL MEMBER McCAU JN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
THE PROCLAMATION DECLARING MAY AS STROKE AWARENESS MONTH.
Mayor Woodward asked if there was any discussion There was none
Voto results:
Motoon camed
Ayes
Nays
Council Members Penn, Mccaslin, Moore, Woodward . Jefferson ,
Wilson , Oakley
None
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Englewood City Council May S, 2008 Page 9 Mayor Woodward read the proclamation in lull There was applause. Mayor Woodward said I wou ld e\so like lo make a statement that we appreciate lhe important role that lhP. ColOrado Neurological Institute plays In our community and throughout Colorado. When Mayor Wolosyn was in the hospital last fall, after suffering the aneurysm that ewenlually look her lile, I know the slalf lrom CNI served
as a valuable resource and source ol support for her family We thank you lor being lhere for Olga's lamlly and
we thank you lor being a part of our community Thank you Now, I would like to give some of the folks the
opportunity lo speak
Former Mayor Pro Tem from Cherry Hills Village Doug T>Sdale said may a please the Council, your Honor and
Council Members. Good evening ladies and gentlemen I am pleased to serve as the Chairm.m ol lhe Board of
the Colorado Neurological lnstrtute. We are delighted to be here wrth you this evening and to accept this
proclamatJon. We apprecsate very greatly the Crty of En91ewood signing on to this proclamatlon Permit me to
Introduce thOSe people who are here with me this e,ening We have Dr. Richard Kelley, who Is lht' lncom,119
Chairman of the Board of CNI. Next to Dr Kelley Is Ms Lou Ann Williams, who is the Executive Director of the
CNI. Next to her is Dr Don Smith, who heads up the stroke program for CNI and for Swedish Medici>\ Center
and Is on the President's Advisory Council lor Stroke Next lo Or. Smith is Ms. Lisa Ruiz, who represents
Swedish Medical Cen ter, which is the huge support of both CNI and stroke ou treach and research here In
Englewood. CNI, as you may know, is the largest neurological cente r that exists b3tween Chicago and the west
coast We have materials lhat we would Ilka lo provide to the City Clerk a! this time . that can be shared with the
Council Members, so that you can learn more about CNI and about stroke awarene~s Your resolution re/ales
to stroke awareness and that is one of our programs at CNI and at the stroke center. As some ol may be
aware, my wife, Pal Tisdale, who was a city attorney, passed away from a stroke. Ma1or Wolosyn, who was a
good fnend of mine and a fellow board member on DRCOG, passed away from a strok~ Illustrating this po,nl,
understand that IT\Ofe than twice as many women will d,e from stroke as wiU die from breast cancer Stroke is
the third leading cause of death in the United States Strok~ Is the leading cause of dlsabd,ty In the United
Stale. Thal is wily your resolution 1s so important But.• is Important that It comes from you, from the
Englewood City Counc~. because CNI is headquartered here III Englewood, on the campus of the Swedish
Medical Center. and so we are immensely grateful lo you for taking the time out ol your schedule I can say that
I am the immediate fo,mer Mayor Pro Terr ,, Cherry Hills Village and in hstening to your agenda, I'm very happy
to be a former We do thank you lor taking lime out of your busy agenda 10 give us this proclamation this
evening. Thank you.
Mr Tisdale accepted the proclamalion lrom Mayor Woodward There was applause
Mayor Woodward said I would also Just like to make tha slalemenl thal Dr Smith, I've heard ol you I've heard
presentahons about the work lhal you do and lhe w rk that you do at Swedish and for other cities and hospitals
w,thln the Slate of Colorado. How you are on call, In the event ol stroke, at another hospital. somewhere else,
they are In contact with you nnd you can look at :hat type of maleoal, I guess, over your computer and over the
web and diagnose things An,1 it's a pleasure having you here and rt's a pleasure having this p,oct.:malron for
you And !hank you again fa, being 10 our City
0, Smith said thank you.
9 Consent Agend a
(a) Approval of Ordinances on F1rs1 Reading
There were no 1lems submitted lor approval on firs! reading .
COUNCIL MEMBER MOORE MOVED, AN D COUNCIL MEMB ER PENN SECON DED, TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I), (ti), (Ill) and 9 (c) (/).
(b) Approval ol Ordinances on Second Read,ng
Englewood City Council May 5, 2008 Page 10 (i) ORDINANCE NO 20, SERIES OF 2008 (COUNCIL BILL NO 15, IN TRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD LIONS CLUB FOR MAINTEN ... NCE OF THE ENGLEWOOD LIONS CLUB MINIATURE TRAIN.
(ii) ORDINANCE NO. 21, SERIES OF 2008 (COUNCIL BILL NO 16, IN TRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGI.EWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE
CITY OF ENGLEWOOD WILL PROVIOE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE
MAINTENANCE.
(i i) ORDINANCE NO 22, Si:RI ES OF 2008 (COUNCIL BILL NO 21, INTRODUCED BY
COUNCIL MEMBER PENN)
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND McGETRICK
GOLF ACADEMY FOR A TRAINING CENTER AT BROKEN TEE ENGLEWOOD.
(c) ResoluUons and Motions
(i) RESOLUTION NO. 37, SERIES OF 2008
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A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE 'SUMMER •
FOOD FOR FINES' PROGRAM FROM TUESDAY, MAY 27™ THROUGH SUNDAY, JUNE 8, 2008.
Vote results:
MolJOn carried.
Ayes: Council Members Penn, McCa.slin, Moore, Woodward, Jefferson,
Wilson , Oakley
Nays: None
10, Public Hearing Items
No public heartng was scheduled before Council
11 Ordinances, Resolution and Motion•
(a) Approval of Ordinances on First Reading
There were no ,terns submrtted for approval oo first reading.
(b) Approval of Ordinances on Second Reading
(1) Council B,N No 24, an emergency ordinance , ·J1)11sh1n9 a tempo,ory suspension or
moratorium on the establishment or new "rooming or boarding house· \es for a period of s,., mooths was
considered
COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (1)-0RDINANCE NO. 23, SERIES OF 2008.
ORDINANCE NO 23, SERIES OF 2008 (COUNCIL BILL NO. 24 , INTRODUCED BY COU NCIL MEMBER
MOORE) •
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Englewood City Council May S, 2008 Page 11 AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORA TORI UM ON THE ESTABLISHMENT OF NEW "ROOMING OR BOARDING I IOUSE" USES rOR A PERIOD OF SIX MONTHS Council Member Moore said I'd like to note that for those that are concerned abou l the emergency ordi nance process, I would like 10 note that !his change does not change the law permanently. What 11 does allow us to do Is stop the explo11a1ion of a loophole, while we evaluate lhe situabon further By thts action, I hope lhal lhe
citizens here tonight recognize Councils continued comm,tment to our R-1 neighborhoods It has been long
apparent to me that Council has a tong h1Story of try,ng to protect our R-1 neighborhoods This moratooum wiB
g,ve us a chance to f,gute out how to deal with thlS s,tuat10n and not let the problem g row
Mayor Woodward asked 1f there was any further d1scuss10n There was none
Vote results:
MotJoncamed
Ayes
Nays
Coun~II Members Penn, McCashn, Moore, Woodward, Jefferson,
Wilson. Oakley
None
(c) Rosolutions and Motions
(I) Engineering/Capita l Projects AdmInis1rator Henderson presen ted a recommendaI1on
from the Public Works Department to award, by mobon, a construction contracl a professional services
agreemenl and a construction conbngency associated with the construcbon of South Broadway Median
Streetscape Belleview Avenue to Tufts Avenue. The totlt estimated cost of construcbon is 5681,481 80 He
said as you all may know, ij has been a real long road getting the federal funds for this project Finally, about
seven weeks ago, COOT obligated the federal funds and allowed us to advertise This project will conllnue the
design and the theme of the medians that were constructed from Yale to Hampdun, In the year 2000. We have
made some changes to reduce the long term maintenance requirements Construction would start around the
first of June and should be complete In September. Our street division would then follow with a new asphalt
overlay of the roact I want to add that Xcel, right now, is In the process of Installing the new, upgraded slfeet
lights out there We got five bids for this project and we're reatty pleased that the low bid was about 30% below
the engineers' estunate. We did have a conversation with the low bidder. which 1s Goodland Constructron
They stated that :heir crews are finishing another job. they wanted to stay busy and we are realty benefibng,
because 11 frt their schedule so well Tonight's mot10n would approve the construct10n contract with Goodland
Construction, the low bidder; would also approve a professiona l seivices agreement with ou r design engineer
and that's Hedrick and ,,ssociates The COOT and federal requiremen ts have the eng ineer that designed it on
the proJect doing some construc110n adm1nistrat1on and obseivat,on We'll also supplement that w,th our own
staff We're also 1ncludIng a 10% construction conbngency In the prOjecl budget, Just for unforeseen condlltons
We ask for your concurrence to award this prOject. I'd be happy to answer any of your quest10ns
Mayor Woodward said I have one question on the contract for construct10n ts 11 typical not to have any
warranty for the construct,on? I didn't find any clause ,n here with regard to warranty
Mr Henderson said we do have a warranty, a two year warranty on the concrete It's not li sted In here The
contract documents consist of fifty pages of plan sheets and about two hundred pages of specs It also refers to
the COOT spec book COOT does not require haVlng warranties Englewood does, so we .:dded It a~ a special
provision, two years We also have ore year where they are go,ng to maintain an of the landscaping and the
imgatJon as part of this contract Mr Woodward said okay, great
Council Member Penn said I have a question Dave , you know that we are probably looking al also redoing
some of the area along north Broadway Was there any cons1derallon between vw anid the BID and I,yIng lo
get some kind of co ntinuity between bo l h of these pro1ec1s at all? Mr Henderso I said absolutely The
conbnuIty IS there These medians w,11I00, very s1m1lar or ine medians constru~ted In 2000 we·ve 1ust made a
few minor changes to the concrete hardscape, we've roundl!\! the noses 10 make them a btlle bit safer ~t
basically they took the same Ttu proJect does noth,ng on the sld' of the street It's stnctly a median prOjeci
and 11 does match thal Iheme up north
Eng lewood City Council May 5, 2008 Page 12 Council Member Penn asked how about the continuity of the softscape within that area? Mr Henderson replied yes, we've made some changes to reduce the long term maintenance, like a little more rock cobble, better landscape weed barner below tha~ but the trees and planbngs are falrty stmilar, at least to what ,rs been changed to. When we first constructed this project, we learned a few things. Some of the median
planti ngs we put In didn't last. I think now we've Identified which ones will and we're putting those In.
COUIICII Member Penn asked do we look at carJYing over in the future, doing some of the north Broadway area
also. Is that coming up? Mr. Henderson said I don't beHeve It's programmed at this point.
Council Member WIison asked how Is Irrigation being provided.
Mr Hendefson replied Irrigation? We'I tap a City water main, bring tt out to the medians and then tt wtn go from
one point north and south.
Council Member WIison said. so It won't be actually In the medians, the Irrigation? Mr. Henderson said yes, tt
will It wtH be In the median.
Council Member Wdson said okay. Could something like that be done for the north end?
Mr Henderson said the north end does have Irrigation. It may not be completely operational In all areas, but tt
was put In. It has llligalion. Ms Wilson said okay.
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Council N'ember Mccaslin said ~ind of like a drip syctem? Mr. Henderson said ye s. Some of It may be spray, •
but It depends upon the type of µ .. nt I believe. Mr. McCaslin said okay.
Council Member Wilson said and so it's going lo be something that's drought tolerant? Mr. Henderson said yes.
Our la ndscape archllecl worked real close with the Parks Department. I think they have a lot of the grasses.
Mayor Woodward asked If there were any further questions There were none.
COU NC IL MEMBER WILSON MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) -A CONSTRUCTION CONTRACT, A PROFESSIONAL S1ERVICES AGREEMENT,
AND A CONSTRUCTION CONTINGENCY ASSOC IA TEO WITH THE CONSTRUCTION OF SOUTH
BROADWAY MEDIAN STREETSCAPE: BELLEVIEW AVENUE TO TUFTS AVENUE.
Mayor Woodward asked If there was any further discussion. There was none.
Vote results:
Motion carried
Ayes Council Members Penn, McCastin, Moore, Woodward, Jefferson,
Wilson , Oakley
Nays· None
Mayor Woodward said thank you Dave .
12 General Dl1cuulon
(a) Mayors Choice
(I) Mayor Woodward said I would Just like lo thank everybody that has taken their lime •
ton,ght lo show up to speak for and against the boarding house. Obviously, ij Is always helpful lo hear both
sides of everything I think, to reiterate. as John had said, that the Council In the past has always supported R-l
d1stncts as single family d1slricls This resolution wlll move on to the Planning and Zoning Commission for tnem
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Englewood City Coun cil May 5, 2008 Page 13 10 take a look at It, and to see where and how lo continue working with thal as far as getting boardmg houses 01 group homes descnbed (b) Council Members' Choice (1) Council Me mber Penn:
1. He said I'd hke to thank Doug for coming ,n and shanng all of the good things !hat we are doing and
hopefully he got his answer on the boarding house
2. He said for the people who came in from South Peart Street, keep up the good fight. Whatever we can
do, we will help you.
3. He said hopefully Matt and Rick. you got your answers on why we went to the moratorium.
4 He said Mtchael, when you put the flags up, w\11 they go up just on Saturday or on Friday? Have you
made that decision yet? Mr, Morton replied presently what we've discussed Is that this would be a sale the last
Sa1Urday of every month, so that ii could be recognized in people's minds that this Is an Englewood Sale Day
So, we would probably have the flags, or we haven't quite decided yet, but probably the owners of the stores
would put up the nags Friday night, then they would be up for Saturday and then taken down eithe r at the close
of business Saturday night or Sunday mom,ng Council Member Penn said thank you
Mayor Woodward said Michael I have a question for you . These flag holders , I read this quickly, but did I see In
here where you were utilizing the Englewood City flag? Mr. Morton replied yes. In the ordinance, when I went
over the ordinance with Alan and with Brook, either an Englewood City nag or a Colorado Slate nag could be put
up at any time outside of a building. We wanted to quickly start this, so that we could get It in l he minds of
shoppers and show unity among the business owners that are on Broadway. So, we decided on using an
Englewood City flag to show City pride. Mayor Woodward said okay.
5. He said we are thinking about redoing the paseo and I really encourage us to look at outdOor sealing
there and in lhe encroachmen\ area. That's something lhat we really need to take a look at
Mayor Woodward said thank you Thank you Mike.
(ii) Council Member McCaslln
1 He said I'd like to thank them for coming forward and I also support the outside st1ah119 I think that would
reany bling something to the City that we haven't had In years t know growing up here, Ne had sidewalk sales
and all kinds of stuff, and I appreciate that, so hopefully we can help entertain that for you
2. He said also I'd fike to thank the residents I've been involved ,n thtS case since the beginning and I have
a lot of moxed emotions because , again, if I was In an R· 1 zone, knowing It was a single resldenh~I place, I
would not want a boarding house next to mo. And it's not that I'm picking on anyone else who wants to make a
living 01 pay for their rent or whatever, but rt bothers med rm hvtng nexl to a house with five or sox unrelated
people. It really, really does bother me Maybe it's personal, I don'! know, but that's the way I feel and I think
we still have a lot of people who feel that same way. I appreciate you guys coming forward It lakes a lot of
guts to come up and show your faces and say what's go,ng on I think you were very eloquent In how you
approached it and what you said Thank you for coming Whatever we can do, I'm behind you Thank you
(iii) Council Member Moore·
1. He said, still on t•..i patio seaung Issue, Is the next step a Study Session topic or 1s ,t sometlung we can
just handle as a Counc~ request, how we can find out more about the s11uahon and whal optoons may be
available?
Englewood City Council May 5, 2008 Page 14 City Manager Sears said we've done some work. We've been lo the site with both our Pubic Works and our Community Development people. A request Is cer1aInly In order. Alan, maybe you would like to respond. Director White said as far as allowmg the outdoor seating within the City right-of-way, Mr Vasilas was correct in that currenlly we have the mechanisms of an encroachment agreement. but ~ does require an agreement between the land owner and the City to do lhat or the property owner and the City to do that. We are explonng ,
with th~ City Attomey·s office, If there is a mechanism, currently in the Code, to allow us to enter Into an
agreement with the tenants, so we are looking at thal If we do need to make a change In that part of the Code,
we WIii have lo come back to Council for that approva l
Mayor Woodward said on the west side of the paseo, do those Community Development Block Grants Interfere
with that at all or do they have any effect on that at an? Director WMe said no, actually, the design lhal you saw
a couple of weeks ago at the Study Session will allow for those businesses on the west side, to allow for some
areas of outdoor sealing within the paseo. We're making sure we're not putting any permanent Improvements In
areas that could be used for outdoor seating.
Council Member Moore said okay. I wi ll look forward lo a report back when there Is more Information.
2 He said, for the benefit of lhe citizens who were not here when we passed the emerijdflCY ordinance on
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first reading, we do have an outstanding request with staff to help Identify whal other boarding homes, If any, we
have In the City .. to understand the breadth of the Issue, as well as lo understand what rules go along with
them. I know tonight someone raJSed the parlung issue , similar to what we discussed In the Study Session, so
I'm sure that WIii part of the report that staff Is pulling together for us already In term s of everything that goes
along with a boarding home. So, we are collecting that lnfonnatlon, again, as part of what we need to analyze
things during this moratorium. •
Mayor Woodward said thank you John.
(IV) Council Member Oakley
1 He said I want to affirm my resolve lo prolect the R-1 zoning However, I do realize that we need to look
al some other possibilities, In regard lo humanitarian Issues.. making certain arrangements for that and
whatever may come Wlth lhat
2 He said I support the businessman's approach to a sale day downlown. Any new Ideas we can have lor
Gur businesses is great
3 He said I also support the encroachment procedure. I had asked about this, I believe, when we were
91Yen a presentation a few weeks ago on improvements to those walkways through thefe, so anything we can
do along those tines, rd like to do.
4 He said I have something here from DRCOG. I'd intended on handing this out In the other meebng, but
wasn'I given the opportunity It's an lnitlalive they're doing In regard to the transit oriented developments. Since
we are still talking about the Bates station, some of lhe Council may find this lnleresting It may provide us
some more Information laler on . I won't comment any more than that.
S, He said I would hke to ask our representative to the Allianoe for Commerce, which I believe Is Joe ... ln
reading the February 14"' minutes, lhey got into some discussion about parking structures In the 3400 block or
Soulh Broadway, the King Soopers property and stuff ... In regards lo the Cultural Arts Cenler ... thal they decided
to have another meeting. Did they, in fact, talk about this at the March meellng? Counc,1 Member Jefferson
said no. Council Member Oakley said lhey did nol? Council Member Jefferson said no, I'm sure we'll have an •
opportunity. Our agenda has been kind of full. I'm sure we will have an opportunity to come back to tt. as It was
sort of stressed as a pnority for ACE this year Council Member Oakley said okay.
6. He said the last thing I have Is I read the handout we got lrom the April 18" Plraleer, our Englewood
High School newsletter, an artic;le written by Shannon Eldridge and quotes from Bryce Penn and also
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Englewood City Council May 5, 2008 Page 15 Councilman Penn, about lhe expenences ,n Washington D C. I was very impressed with the whole anicle and fell very good lhat these youlhs were given the opportunity to go to Washington D C and see the great history that's In this Ctty, and the commP.nts they made on It. I wonder if ,t is appropriate or If it's ever been done, 1f articles like this are offered to other high school newspapers, the ones that !heir students didn't have a chance to go to. so that they may be able to read this? Council Member Penn responded they do and they do go to different conferences and all the news articles are shared with other schools throughout the State of Colorado
Council Member Oakley said I was real impressed with this
Mayor Woodward said can I just add that Bryce and Shannon expect to be here and on the agenda for our nex1
regular Council meeting to do their presentation, which would be right before they are out of school They did
do a presenlatlon for the Lion's last week However, the PowerPoint proJ8Clor waSl'l't worl<1ng and ti was done
off of the laptop, so ti was a httle dtfflcult. but both of them were very insightful and had a lot of great information
(v) Council MemberWdson
1 She said I would personally like to thank the people for coming on South Pearl, and to let the gentleman
who brought up the fact that Laura Barlnlck needed to talk .. she has been here and she has talked We'll work
with you and we'll keep on working with you
2. She said I am the Councilperson that sits In on the BID meetings, and I support the outdoor eating. I
think that would be a great thing for Englewood and to compete with the other neighboring ereas that have that
and I support promotlng the sale. I think they are working very, very hard on how we can make a better
Englewood So I appreciate that .
(vi) Council Member Jefferson
1. He said bear wi1h me here 1usI a second I'm going to try to respond to a lot of the folks that made some
comments and l'D preface au of my comments by saying that I'm always open and available to discuss any of
these Issues with any of the folks here, partlcularly InVo1ved with Oistnd 1.
2. He said to Michael, thanks for bringing that down I'm definitely supportive of the sale We're more than
happy to work with you to try to make lhat a success
3. Ha said Ted, I agree with you about the Idea or outdoor seating, in our downtown area specifically Thal
should definitely be looked at ;-rd I'm more than happy to try to work with you through some of the
encroachment issues
4. He said to Greg, Chris, Robin, Ron, Miguel, Betty Jean and all of the other folks who came down from
South Pearl Streel First of all, I'll say thal I do think that the City owes you an apology for an error. I think what
ended up happening, was that R-1-C was 1nadve11enlly allowed to contain boarding homes. I see that oversight
as quIIe unfortunate. I'll also say, by law, we're not a body that's here to Judge certa,n situations or Iudge what's
appropriate In and under the law. That's the role of our coul1 system Ulbmately, our role is policy makers and
loolung at It from that perspeciJve, ti W0111d be unfortunate d the ne,ghborhood were to have to bear the burden
of that type of an error. I think the options of mov,ng forward are somewhat lunrted and I'm happy to discuss thts
wrth you later, I think potenllaQy loolung 11110 and I know the s1tuahon has been drlficult with personal1t1es on
the block but with possibly looking ,nto getbng both sides of thlS confftet to sign on, to some sor1 of agreemenL
lhal will allow us to move on
5. He said to Ms. G1lht, I wanted to let lier know that this is nothing against boarding houLes, but I don't
think they are a very good fit In R-1-C
6. He said Mallhew, hopefully, I'll get a chance to chat with you a little bit tater about procedure In some of
lhese emergency meetings, to ensure that our government Is going through the type of process that Is
necessary to keep everybody informed and involved
Englewood City Council May 5, 2008 Page 16 7 He said to Rick , I just wanted lo let you ,new that this law. fortunately or unfortunately, will have no effect on the Bartnick situation. as our laws are not re1ro-ac11ve in that way and are unable to just take a property right that was granted, inadvertently or not, without due compensation. 8. He said and finally to Doug, and the CNI folks . Dr. Kelley, thanks for com in g down and giving us some of that Information
13. City Manager's Report
(a) He said we talked about the NortJi Broadway area and several Council members had some
questions about some improvements in that area. As we look al our Capital Improvements Program wrth Rick,
that IS somethtng that we can take a look a~ because we do have some funds set aside and perhaps there are
some improvements that we can look at and mak.e 11\at happen.
(b) He said I presented this to Council last week, but I just wanted to bting this back to Council
tonight, because 01e of our employees, Kerry Bush, Is very active with this l know she'll be embarrassed by
me saying this but she's done an outstanding job of recycling In the City. We received an environmental award
from Cintas Document Management commending the City for saving 510 trees; 11 ,400 gallons of oil; 210,000
gallons of water saved as a result of the efforts of the staff. I just want lo say thanks to Kerry for taking a
leade rship role In making that happen. There wa s applause .
(c) He said one of the topics that we did not get to at the Study Session, that I'm bringing back to
Council , and if Council would want lo delay discussion on this, I think that's fine. We are getting lo a point
where there should be some decls10n made and lhars on the Wastewater Treatment Plant Use Protection. The
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City, again, met wdh the City of Li111e1on, lo d1SCl ,,sand fisten to the alternatives presented by the consultants •
and staff for the continuation or going forward wlJ, a use protection plan, and Council has not had an
oppoltun1ly to talk about thal I just wanted to bring that back to Council to see how you would like to proceed
under that issue.
Mayor Woodward said I guess I would like lo make the statement that I thi nk that It may be beneflClal. We had
talked about a number of things when we met with LijUeton. After thinking about it, discussing It with others and
what we were doing, it seemed ike II may be appropriate if Council member~ wrote down their questions and
any concems that they may have regarding the use protection, and we submit those l o staff and If we wanted to,
to a lhlrd pa rty that Is In this type of business. l t~lnk we can move foiward on some things a whole lot quicker
than goong th rough a long drawn out process. I know the City of Littleton will be meeting tomorrow night In their
regu lar meeting, and they are going to be discussing th is also. That would be what t propose ... ls that alt
Council membe rs come up with whatever questions they may have
Council Member Mccaslin said would this be discussed then at a Study Session? Mayor Woodward said we
would submit the questions and go over them at a Study Session. He asked if there were any objection to this.
Council Member Oakley said t have no objection, however I'm ready to vote nght now. but I have no oqect,on
Councol Member Moore said I'm hke Wayne I have no objections and I have no quest1011s I think that we've
been grven the informalion we need t definitely do not wish to drag the process oul I think the decisoo is
obvlO\JS, but t respect any questions lllat Council members have. Absolutely, let's ask them and let's get them
answered and try to move forward, and not unnecessarily delay this process or Invest more time in this process
than Is needed
Counc,I Member Penn said I agree.
Council Member Moore said so questions over the next week, If you have any?
Mayor Woodward said over the next week and maybe we can just put this on Study Session, not on the 12~ but
on the , 9"' I will, with Councils' concurrence, give Mayor Clark a call tomorrow and let him know what
Englewood IS 90109 to be d01ng
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Englewood Ci ty Council May 5, 2008 Page 17 (d) City Manager Seats saKI for family reasons. I will be gone next week, but Make wdl be here He'I be in charge 14 City Attorney'• Report
City Attorney Brotzman did not have any matters lo bring before Counci.
Mayor Woodward said I hw 1e one other Item. Gary and hls wife, Wayne, Leigh Mr : ':'/lh.nes and I attended
the OR COG aMUal awards last week. In addrtion to Olga being honored wijh a si:-.a.•. ·...nor from lhe Denver
Regional Council of Governments, the City of Englewood and the Lillleton/Englewoo-I W,l!itewater Trealment
Plant brought home a lot of hardware in lhe way of awards. I know I wasn1 aware of one that we wer;, a part ol
w,t~ South Platte WOfklng group, but there were some others too We walked out of there with our hands full
\ • ·t job, slaff
City Manager Sears said we will provide the brochure, wtncta actually listed out all of the awards. rm sooy I
didn't bnng those this evening, but I think we won in five awards categories That is pretty phenomenal I'll
provide that last for City Counci.
Counal Member Oakley said rd like to comment on thal Sl!Mng on the ORCOG board, and Jm being lhe
atternale, we have the opportunltles lo partldp.ile In a lot of those dlscus$lons When you have tt1e number of
cities and counties that are on that board, and the number of awards that were given out. Englewood has been
more than well represented the las! two years ano " Is wilh pride that I say thal
15 Adjournment
MAYOR WOODWARD MOVED TO ADJOURN The meeting adjourned at 9 14 p.m.
Lou Ellis From: Gary Sears Sent : Monday , May 19, 2006 9:31 AM To: Jim Woodward Home AccounL Sue Carlton-Smith Cc : Le,gh Ann Hoffhines, Jeff Konishi. Lou Ellis Subject: RE Scheduled guests ror tonight's meeting
H1 Jim, we·n put 1h11 together Nice to see you on Satu1day Gary
····-Original Message•-··
From: Jim Woodward [mailto:JlmwoodwardOmlndspr1ng.com)
Sent: Monday, May 19, 2008 8:24 AM
To: Gary Sears; Sue Ca rlton -Smith
Subject: Scheduled guests ror tonight's meeting
Page I of I
At Ion Tu,1d1y'1 meeting I overlook•d 1h01 we did nol hove Shannon Eldridge and Bryce P,nn on the
Agenda 01 Scheduled Guem lor their presentation on the Washington trip. We had discussed having them
11 this ..-.ting a, It h the last oppor1unity to see the pre,enlation whll• they are still In school together.
They plan on being at Coundl Chambers 11 7:00 to set-up. Can we put them on the list, and have IT
provide a projector lor a Power Point that someone will know how to operate!
Thanks.
Jim Woodward
303 781-5495
jlmwoodward@mind1p. l,ig.corn
5/19/2008
PUBLIC COMM ENT ROSTER AGE NDA ITEM 7 UNSCHEDULED PUBLIC COMMENT May 19, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
~ PLEASE PRINT
NAME AD DRESS TOPIC
Page I of3 0µ Lo u Ellis From: laurabartnd@aol com Sent: Tuesday !Jay 20 2008 1 50 PM To: Lou Ellis Subject 'Mlal I sa,o lasl n,ghl rm here tonight to spe:ik with my district representative. Joe Jefferson. because there arc two tinds of
couns There is the k-gal court. and there is the court of public opinion . Slander is a devastating
weapon. and so rm simpl) here to remind you of the truth.
It is not th boarding house definition. which requires a fix . Boarding houses have been around since
common law. and the definition from Webs1cn and Blacks dictionaries from the year the code was
adopted is probably the definition. which should rule . Failing that. Colorado defined a private boarding
house. in May of 2006. which is modem cnoi,gh to ruk
Two weeks ago. you n:cogni, :d that the Cit) owed the Citizens an apology because the City's case in
the municipal ooun had to be dismissed for numerous reasons. Apparently. that fact has escaped some
sitting on Slllff and Council. ~ fact that I am a law-abiding citizen is not simply a loophole, a term
used both by Council and also renccted in the neighbors" language, but neither Rand} Penn nor Bob
McCaslin Sttmed lo understand what it meant 10 ita,c been Y.TOngly advised by their City Allomcy,
dismissed in Court, and even the idea of a moratorium e<caped them. By acting as cheerleaders 10 the
mob with phrases like. kkeq, lighting the good fighC and ··we support you~ they displayed their
ignorance. While most of us graduated from high school. learned bow to be good ~pons, s topped
pa ssing notes to one another, ...-cn1 on lo better. deeper loyalties and abilities 10 look beyond
discrimination. those two seem bound up in juvenile nc1ivi1ies.
There is a court of public opinion still raging. I want 10 know why the Cit)' is still focused on me, still
stirring up aggn."SSion Jgainst me, and still refusing to do the right thing.
I wuru lo personally thank )"Oil. Joe. for several things. One wns that you openly affirmed that our status
as group home wus grandfathered in. That offering was full of courage and integrity, and I thank you.
Second ly. after listening lo the minutes of lhal rnccling. I was so impressed lhat you mentioned by name
c,-cryooc who spoke. h dignified each one, though they were on opposite sides of the issue, and
reminded them of their mutual humanity . I thought th:11 this one act separated you from everyone else
sining on Council this term. If I had been recognized \1i1h human decency when I wrote m) first or
second lcuer 10 Gary Sears pleading for help and direction. this whole years work of staff and council
and tax dollars Y.ould not have been wasted. If Council would have addrcsst-d their lcucr to me and
to!d me the truth instead of sending me a lellcr"' ith a lie that all the positions on the Planning and
Zoning Commission were filled. I \\Ould have understood the position thC) 11cre in :.nd forgiven them.
But this City has demonstrated 1,, rne th:lt I am nolhing to them.
Gory Scars has faikd 10 lind the :~.OSI ellkicnl way 10 scnle a City Problem as is one of the 1enan1S of
his Professional Code of Ethics. lf )ou read his job description in ARTICLE A. 1-oA I: City Manager
Duties. you will find that he has fo iled them in an)1hing relating 10 the Pearl Street de ba cle. You may
think, .. well. but he"s done other things well ..... but 10 me. when someone sacrifices c~cn one pcrson·s
safely and well-being for his personal agenda. he betra)S his office. his ~1a1urc and his in1egri1y . This is
not the first time he h:1s simply ignored me. I ha,c an e-mail from March of2006 requesting that our
5/20 12008
Page 2 of 3 slrl!ct be re-graded because our car Jt)('rs ~cpt foiling in us and \\Crc hunini; m) hushand"s knee ,,hich was recentl) replaced that month. I le ignored that e-mail rcques1 as \\CII. Perhaps he focls that communicatins "ith a common citiLen 1s beneath him. You. on the other hond. though \\C have disagreed. have sh0\\11 me respect. as ) ou have sh<m n the other,; in your district respect. nnd I think that qua lilies )OU for a long political carc,·r. Thul is much more than 1 can say for Mn)'Or Woodward or Ji ll Wilson. They each pe,sonnlly know one of the residents livi ng in our home. Mayor Woodward relied on this mil d-mannered. polihc~lly intel lige nt man 10 the extent tha t the M:1yor named him as his campaign chair and relied 011 his stra tegy nnd \\Ork lo get him his fi rst seat on Council only a couple of years ago. Yet. the Mr·. or turned his back
on his 'riend over these latest months, lying 10 him and conspiring against him. wh) ·• Jlec~usc he lives
with us. In a nice new 4 bed room home in a single family zone. Wow. That's a crime worth stabbing
your friend in the bac k over.
And Jill. the only political accolade she has 10 her name is the Englewood Unleashed Dog Organi1.ation.
a non-profit organi1..11tion of which this same mild-m:mnered. politicall) intelligent man was the
President. As the head of this little group, he w.is able to turn the minds of Council one by one in h
difficult debate to allow a dog friendly park in the City. Jill Wilson climbed on his back 10 get 10 her
seat. and yet she eggs on the mass mentality to steal his home from him. This is not anly political. but
personal.
Both list~ncd 10 the sla nde r of Greg Alle n Picke tt, Chri stine Carmen , t,l ig•1< f)ra~e. and others citing
hi m as a "transient" ns an ••invader"' as someo ne who hos no vested intcrc ·• iii 11• • , , mrnunity and who
refuses 10 speak with them, and who causes insum,ountable traffic and parking is:.:,~s on the block. It
must be him they were complaining about because our students walk 10 the bus and do not own cars in
Amcnca. Mayor Woodward and Jill Wilson listened as they accused us all of living in a four bedroom
house with IO people, yet. even then. they refused to speak the truth or defend him as someone they
could personally endorse. Their conduct is reprehensible. and the people of this City \\ill disco,·er just
how far they stoop. allO\,ing a friend to be led to slaughter so that they can appear objective. Sorry.
Ethical objectivity docs not work that way. lfa friend and college isn"t safe within the laws of this City
and from this Englewood Council, \\ho 1s'!
Joe, when this City failed to read it's lu"s, even when I wrote 10 each Council member personally, when
they all fai led 10 ac kno wledge my humani ty w1d chose to disc riminate agai nst me, (Interrupte d by Jon
Moore ... "berating council" ... ) and the Ko rean st udent and arti st who li ved wi th us, th ey disquali fi ed
themselves in my eyes . and in the eyes ol'many in Englewood , d outside to serve th is Ci ty. Instead.
th is City lead a conspiracy of harassment startinll wi th the fa 1 counsel of Attorney Don Dro111nan,
which cuch ol' the Staff and Counsel relied upon for a Municipal Court Summons and Complaint
c,entu3lly dismissed for lack of lcga: l,!munds. all the way 10 Lant " <;mith invalidating our permits and
stealing my permit money because of••City error" to quote his letter. to cheering on o Pearl Street mob
mentality 10 take our (interru pted by Jon Moore, Bob Mccaslin, Mayor Woodward, "You need to
sit down. sit down now, your time is up") propcny apart from the laws of the State of Colorado and
the Ci1y's own ordinances. and even the Federal Constitution and our Bill of Rights as Citizens.
As far as I can sec, they have each shunn~'<i their oaths for a moment of power. And don 't you know,
"whom the llods would destroy. they first make drunk with power". Yes. this City owes us all an
apology. not just the neighbors. and we ure due one that begs more than words. I for instance, would
like ull of my permi t money re turned as soo n as possible for all t11e damage this S taff and Council have
done to me.
Yes. the definition of··houschold"" was expedient luw. bu t it was based against all the wisdom of
510/2008
Pa ge 3 orJ surroundini; communi ties. and c,·cn that prim ary objcclivc wa s finally dropped al hear ing. Further , ii was cn ac 1ed ai;ainst warnings o f legal counsel to nol di sc riminate or be unre asona ble. an d agai nsl lhe Ci 1izen Commission ·s recommendation. a quasi-legal board. Renters can be just as law abiding as home-owners , and if the police and code enforce ment do !heir jobs , and Council uses their imaginat ion , neighbors can do right by each other whether they rent or own property . We all know families who let their 0\\11 property go 10 ruin . Legislating the care of property and neighborly respect cannot be done through government interference into p.:rsonal household
relation ship s. lfa renter likes to garden, the yard will be kept up . I fan o vncr wants to stick ii to his
neighbors he will lei his kids and dogs and cars and weeds nm wild. Thlit law was improperly, though
expediently, legislated on bad facts like dots whi ch still cannot be connected , ... (interrupted by law
officer stanriing at her side, "you've gone way over your five minutes . You need to sit down .")
I'll be done. (Interrupted by Jon Moore, "VI/hen you say you'll be done, you indicate that there's
more to come.") Okay, I said, I'll be done.
Plan your next roadtrip with MapQucst.com : America 's# I Mapping Site.
5/20/2008
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Apr il 8, 2008
James Weeks
Englewood Urban Rene wal Authority Board
Re: Formal Resignation
Dear Mr . Weeks :
It is with regret that r request resignatior. from the
EURA Board. My business travels keep me aw., more
often than not and I feel that this is unfair to the
Board and its mission .
I have enjoyed my membership and will follow the
pLogress of the Board.
Sincerely,
Diana s . Helstrom
P .O. Box 1378
Englewood, Col~rado 801 $0
72 0•203-3266
Ba
.Aud ra Kirk From: Sent: To: Subject:
Audra -
Dygowski.Laurel@epamail.epa.gov Thursday, May 1 5, 2008 10:58 AM Au dra Kirk Re: KEB
I would like L<, be part of the commission but things are really hectic
right now with work aed personal life. lt woul d prol>ably be bes t if I
reaigned at thls point and looked at reapplying when I have the time to
devote to the co111111isaion I would like. Thanks I
• • • • Note -New Mailing Addres•
Laurel Dygowskl
Regional Haze Coordinator
Air Quality Planning and Management Onit
us EPA -Region 8
1595 Wynkoop Street
Donver, C-0 80202-1129
• 303-312-6144
Audra Kirk
<AKirk@englewood
gov .org> Tc
Hl Laurel,
05/15/20~8 10:07
AM
Laurel
Dygcws k i/ P2/ R• /UtEPA/US@ EPA
cc
Subject
KEB
We missed ~•ou again at Tuescl.ly' s meeting. Are you still wanting to be
pan of the c°""lss1on? I hope all is well.
Audra L. Kirk
Planning Technician
•
City of Englewood
303-762-2345
a kirk@englewoodgov.org
Bb
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COUNCIL CO MMUN ICATI ON Dale: I Agenda lle m: I Subjec1: Ma~ 19. woa 9 CI Appro\al of Purchase ol 37 Foot Buckel True I. Initialed By: Slaff Source:
[:epar1men1 of Pubhc Works Rick Kahm, Director
Pa l While, Fleet Administrator
Ladd Vostry, Traffic [ngmeer
COUNCIL GOAL AND PREVlOUS COUNC IL ACTION
01) Council approved the purchase of a bud<el truck in the 2008 Capital Equipment Replacement
Fund (CERF).
RECOMMENDED ACTION
Approve, by Motion, the purchase ol a 37 loot buclcet truck from Al tec Industries In die total
amount of $78,246 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Unit No. 3049, a 1998 GMC bucket truck, has met both the mileage and years of service
requirement tor repla cement and is Included In the 2006 CERF. This piece of equipment is required
to perform frequen t traffic related repairs and main tenance tasks.
FINANCIAL IMPACT
f'urchase of this bucket truck 1s available through Englewood's current internet bid request, Bid Net
No. IFB-08-112, in the amount of S78,246. Funds are available in the CERF,
LI ST OF ATTACHM ENTS
Bid Tabulation Shee t
Summar) Spet ,ficauon Shee t
City of Enlwood Bid Tabula tion Sheet Bid Opening : 3/13/08 i0:30 a.m. ITEM : IFB-08-112 37ft Bucket Truck Parts 37 It Buck&I Manual Ve n d o r Qty T ruck (2 ) Global Machinery Investors LTD 303--430-7130 1 s 81 ,015.00 705 W 62nd Ave Demver CO 80216 Transwest T rucks 30 3 289-3161 1 s 93 ,848.50
7626 Bnghton Rd
Commerce City. CO 80022
O.; .. iels Chevrolet
7 19-632-5591 1 s 83 ,962.00
670 Automobve Dr
Colorado Spnngs, CO 80906
Terex Utili ties
800-292-1931 1 s 78 ,493.00
PO Box 1119
San Antonio , TX 78294
Altec Industries
270-360-0600 , s 78 .246.00
2106 S. R1vers 1de Road
Saint Joseph. MO 64507
1
,
• • Ope rator Manua l (2) T otal B i d Excepllons: $ 81,0 15 .00 S ee b i d docum e nts $ 93.8-48 .50 See b i d documents
Platform 55 8,857.50
Body $34,991 .00
s 83 ,962 .00 See bid d ocumen ts
$ 78 ,493.00 See b id documents
$ 78 ,246.00 See b id documents
s
s
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SER VICEN TER GA RAGE SUMMARY SPECIFICAl ION SHEET FOR NE\\' VEI ICICLES STME AWARD N _________________ _
ENGLEWOOD BIDII __ ..,_IF..,0_.-0=8-.,_1.,_,12'------------
MANUFACTURER OF VEIIICLE Allee Industries
MODEL OF VEI !ICLE _ A!tcc AT37-G insulated arrial boom truck /GMC C5500l
AIR CONDITIONING YES NO
AUTOMATIC TRANSMISS ION YES NO
PO WER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WIIEEL DRIVE YES NO
FLEX FUEL OPTI ON YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FL EET YES NO
DEPARTMENT VEIIICLE ASSIGNED TO Traffic Di vision -021004
COMMENTS: Thjs unjJ replaces Unit 3049. a 1998 GMC buc~cl lruck . The new
11nit will be m9un1cd on a 2009 GMC C'5500 lruck. The current lnick ha.~ met 1he
~mc111 crj1crig o(both years o(scrvicc and mileage .
City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: May 19, 2008
A Public Hearing to gather public testimony on Council BIii No. 23, authorizing the
Denver Seminary Planned Unit Development Amendment No. 2.
--;a PLD8E PRlfT
NAME ADDRESS
rm \Cllll um,ult'l,IIUlll r ou11ul 13,11 ;s;o . ~ 3 Hill tor Ord111,111r<> .1u1hormng D m r 1•n1111.irv l'l,11111ecl Uml De, elop111e111 R<'qu<> 1 b, 1\pphc,1111 Co11111iuu111 hl'rr)' 11111 I .111d omµ.1111 . LLC m ndnwiu i\o 1
ro •\mend D PUD (approved b, Ordin.111n-# 51, St'ries ot 100-1 )
& .,m 11ded b, Ordinance 9, Serie of 2007)
11,1, P Subrrnttl'd for thP rrcorcl
Notice of Public He.iring
I , Proof of Publlc,1tion Fngltwnod 11,,a/c/ April ~5 . :!008
' rti0 c,1 te of Po lit g 4 igns posted since May 3, 2008
.l, 0 11 11cll o n1111unl ca tlon and Its attaclunC'nts
Rern n1111C'nd,1tio 11
D supports Jpprov,1 1 of Anwnd ~ ,1s rt'commended by P/lZ with 1he co n li11011s
oullr 11C'd In th e Counci l Co111munication
All appro, eel co 11di1i o11s , 11d requirements es 1ablished under the D nver
. e111111 ,1ry P I) ,111d DC"11v •r Seminary P D • Arne11dme111 1 sh,1II ,ippl uni(' .
• ,rn,.ndcrl by Arnendmenl 2.
l Amendml'nl 1 ,1cl..nowlcdges the 11eed for nexrble de, elopml'111 op 1io11 by
l' tJblish1111: 11-re • (3) developmen t envelopes. Technical sile plan rcvi \\ of
developm 111 ,,,thin ,11d envelop s shJII be b)' the Dev lo1>mcn1 Rcvi \\ lt',llll
re11C\v for comph,111ce 111th P D Jnd City de1elopmenl standards.
3. nveloJ>l' 1 sh.ill be lunrtecl to u es pernullecl in the "hous hold li~mJ::" c,1l<'gorv
of 1he PUD , r.,ble of Allowed Uses .
-1 . Howl c h,111 be li11111ed as tollows,
m I lotcl use shJII be localed withm-,11\1€Wfes--ide1111ft~,: •1111111111
OWt'f • , • 111 [melope I and 3
h I I0ll'I II sh,111 1101 be a ep.u ,11c. sland-alone II e
c-The m,1~111,um 11umber of ho1el rooms sh ,1 11 be 150
cl If hotrl usl' 1s appro1 •cl, 1h e following •uesl ,1cco1rn11od,111 011 ,1llow,111n•
,1pprowd 111 ll ll' ori»rn,11 PUD shall be amended 10:
"3. 1 lw nu111bcr of rcsid nllal units does 1101 rncludc prnpuSl'd
gul'sl ,1cco111moda tio11 for guesls of residents of lh projt•cl.
uch sp,1c •i sh II 11 01 rxceed 900 S.F . and 11 0 more thn11 1wo
sud1 spa es p r • ' · w t building-{ ...
I 1,1ij sh,111 be providrcl ."
Hearing tonight lo • Consider Public Testimom on 1he proposed Af\\ENDi\l[NrS The original PUD re10ned the sile to permil the pwposed de\ elopment , Amendment I (,1pprovcd Ordin.ince 9, Serie~ ol :!007) , The PUD remains in effect unless modified bv Amendment :! Request to Amend specific aspects of th e PUD
, Issues considered tonight address only the proposed amendmenls, not
the zoning
, Pre\'ious Arrangemen ts with outside groups= civil matters c1re not part
of Amend 2
, Requirements of o th er agencie, o r j urisdictions are no t part of th is
Amendment 2
Si nce P&Z m eeting Applicant has addressed 2 issues raised at th e mee ting
1. Dormer i ssue negoti ated and resolved with western neighbors Kent
Village
2. Adjustment o f# of hotel rooms equaling# of residen li.il units to:
I hotel • 1 res unit
Staff prov;de overview and address procedure
CD Director -AW•
Applicant .ind l earn will present and address questions and issues
Amendment 2 Overview
0 eneral character of the development. REMAll'.s T ~ If-<;.A \1£
STILL
Mixc•d-Use
For-snle residential with retail component
Parking ratios
Access points
University 11,rn lane as pro posed in AmenJmenl
Trnffic
Amendment 2 propo c : ddition to table ol allowed u e I GLE & TWO•U IT RESIDENTIAL use,
HOTEL u e
Increase in retai l/commercial space to 5,000 square fe t (trom 51.5 K in
Amend I and original 65K)
Decrease the number of residential units from 350 to 300 (resul ts in
d er ase in allow d res sq uare footag )
and
Creation of DEVELOPMENT ENVELOPES
Thr e envelopes in which all o ved uses may occur; PROVIDED
Height, setback, bulk plane, and noor area requir ments are 111 t.
reating an en Plope does no t mean the envelope ·,ill be completely
filled;
nly that development may occur within the en\elope area.
An nvelop is a larger area than a building's actual footprint.
o Allows for nexible building lo ation &. orientation
o Remo 11 ed to amend PUD each time change in blcli: Int &
orientation is con idered.
o Allow~ for tirnel~• r ,1 lion to market conditio'l
o Envelop works like a lot in ,1 standard district -
• Allowed cl ve lopm nt can occur provided it me I di tri t
standMds
o PUD standard~ co11trol for height, setback bulk plane, us , lloor
ar a
PROOF OF PUBUCATI01' ... fWGllWOOO ~t.111A t.0 AMCH •..,.-y •-• l rN~ .... flf"'9r.,._~M ...... WIii •• ~,..... ....,t< ... C,.fl ~•-r.-. ,,...., .. ,,c,,...,.._,., 9'WI'~•----.... ---,..._ ... ,........,..,...., ~•W'°""'d,.....,_ .. ,...,.11111,.N'IW..,,c,0 11 Nilnl~t f/Nll'NUICIIIGla. ,_ .... ....._. .... .,...,11'1,.,.~ D!lcarlU.~C.-.•kolll o. ..................... ~ .................. ...,..,, ... ,, .. r.........,,, ... •-""'------• ,m,. ...... \aflf ........ ...........................
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COUNCIL COMM UN ICATIO N Date: Agenda Item : Subjed: May 19. 2006 10 a Demer Seminary Pl,mned Unil De1 eloprnent Amendmen1 'lo. 2 Initiated By: Staff Source:
Community Development Departmen t and Tricia Langon, Senio r Planner
Kent Place Development Company I, Inc.
1430 W1 nkoop Stree~ Suite I 00
Oen,er. Colorado 80202
COUN CIL COAL AND PREVIOUS COUNCIL ACTION
Council apprO\ed Dem er Seminary Planned Unit De-elopment (PUD) Amendment 2 a1 first
reading on April 2 I, 2008, and scheduled a Public Hearing for May I 9 to gather public comment
on th e issue.
REQUEST
The applicant has subm itted an applica11 on to amend the Den,er Seminary Planned Unh
Developme nt (PUD) which wa~ approve d o ,, Sep tember 2n l004 by Ordir.,:"'e No. 52, Se ri es of
2004 and amended on Februal) 23, 2007 b~ Ordinance /\o. <), Serles of 200i as Amendme nt I.
RECOMMENDED ACTION
Staff recommends that Council consi der testimony during a Public Hearing on Denver Sem inary
PUD Amendment 2 and approve Amendment 2 wilh Ire following conditions:
AU approved conditions and requor ·ments established under the Dem er Semmary PUO dnd
Den,er Seminary PUO • Amendment 1 shall apply unless amended by Amendment 2.
2. Amendment 2 acknowledges the n~ed for flexible developn ,en t o. •lions b1 estahllshing th ree
(31 development em elopes. Tedmical site plan review of develo,·,11en1 within said en,elopes
,hall be by the Oe,elopment Re"e"' Team for compliance '"th h ~ and City d,•,~lopment
st,mdards.
J. [nvelope 2 shall be lim ited to use1 pennitwci In the "household living" ca1eg<1r\' nf tlw PL:D's
Table of Allowed Uses.
4. Hotel Use shall be limned as follo\\s:
a. Hotel use shall he loca ted within En\elope l only
b. Hotel use sha ll 1101 be ,1 separat<', 11ond-alone use
c. The ma~imum number of hote l rooms shall be I 50.
cl II hotel use " appro, ed. 1he 10110,"n~ ~ue,1 accomm 1cl a1irn• ,1ll,l\\ ,inte ,1ppr0\ ed In 1he ongindl PUD shall be ameruled I t!: "3. The number 01 res1den11al unils does nol include proposed itue,1 accommodalion 1or g,,em o( 1eslden1s oi the project . Such spaces sh,111 not e"eed 900 S.F. and no more than t\\ o s, ,ch spaces p~r 1esiclen11,1Lcpw;l1l1Jlllllum 1011 ~ ~,g ( 12 101.11! 1h,1II be pro,ided."
BACKG ROUN D
Council apprO\ed the onginal Dem er Srm,nal) PUD for ~,e 11.4 acre s,1e on Sep1ember 20, 2004
hy Ordinance 1'o. 52, Senes of 2004. Council apprO\ed PUO Amendment I February 23, ~00,, by
Ordinance No 9, Series of 200i.
The Dem er Seminary PUD requires thal major modifi !ions to tl1e Dis11ic1 Plan .ndlor srle plan
mus t be reviewed and approved by 1he same procedure dS 1he original apphcatlon. Per thal
requirement the applicant conduc ted a neighborhood meeting on January t &, 2008. prior to
submining the applica ti on for Amendment 2. Noti ce of 1he pre-applicati on meeting was malled to
owne rs of property wilhin 500 feet oi the site. The notification area in cluded p,operlies wi th in
fnglcwood, as we ll as Cherry Hills Vill,1ge, Denver, and unincorporated Arapahoe County. Meeting
notes are lncludec' in the a11,cl1ed Planning and Zoning Commission slaff report dated \1arch 4,
2008.
The amendment application was re\1ewed tr, 1he Crty's De,·elopment Re\lC\, Team !represented
by 8uild111g. Community Developmen~ Fir~, Engineering. Traffic. Utilities. and Wasle\\aler). The
applic.111on "as · ,,o pro,ided to the following outside agencies tor revle\, and comment ;
Arapahoe County, City and Count) 01 Denver, Cheri)· Hills Village, and Colorado Department of
Transportation ICDOTI. Arapahoe Cou!lt\ and Den,er responded that tlie1 had no comments on
the application. Cherry Hills Village did not r~spond 10 the request for ct mmen ts. COOT
responded that the Department had "no significan t concerns with the PU,1." The ,1pplic,1n1
continues to wo rk with COOT In preparing materials to meet COOT requir,•menls for acce» o1nd
special use permits. These requirements are r,u1slde the scope of this rezonns <1111endment
application.
The Plann ing and Zoning Commission considered Denver Semin,,ry PUD Amendme11 t 2 at a Public
Hearing opened on March-: and continued on Match 18,. !08. TI1e Cornrnrssion conside red
1es1nnom and ,oted 5 -1 to forward Amendment 2 10 Council with the conditions stated ,1bn,e.
COMPA RISON
Pag~s 3 ,md 4 of thrs report are the sue plans for thr Origmal Planned Unu Oe\l'lopmenl and
Amendment I illustrating the location ol buildrn~s and associ,1ted bulk planP< Page; 5 ,1nd 6 are
Iron, Amendment 1 and contain the proposed em elope plan and building bulk plane;, Under
Amendment t the north lower bu ilding" as 8i feet 10 ;nches +/• from the 1101th property line. "'
proposed in Amendmen t 2, the 1,111 por1lon of Envelope 3 is 117.5 fee l from the north property line.
Because Envelope 3 is shift ed to the east and the tower can move with in me envelt,pe, Its sh,,dow
ma1 extend somewhat mnre 10 1he east; howeve r It "ill not extent! any more to the north than is
already pem1111°d. 1\nd in fac~ could cast a ies,er shadow to the north if the 1111,11 buildln~ location
does not reach the north ~dge of the en\ elop<:. TI,e ,11 plicant w,11 !l<esent >hadow study an,matlon
du1111)\ u,e public hea11n~
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AM ENDMENT 2 OVERVIEW The apphcant proposes the 10ll0" ing moduicauons In Amendment ~-TI,ree envelopes in which an allo" ed llse or actl1 ity ni.1y occur pro, lded all PUD height. setback, bulk plane, and floor area rec1uorements are met Additions to the Table of Allo\\ ed Uses: Single-unit residential use Two-unit res1den1ial use Hotel use
Increase retaiJicommerclal space 10 i5,000 square ieet irom 51,50C square feet
Decrease the number of residential units irom 350 to 300
Dom1er restrictions on structures along \\est boundary (as negotiated 1\1!11 Kent Village1
~
In the origina l PUD and in Amendment t, development was restricted lo specific locations a,
designated by the footprint oi the buildings $!,own on the sole plan. The designated footprint pro,~ded
no tlexibillty in building location or orientation and could be modified only through a further PUD
am ·ndmenL
Amendment 2 proposes site plan adjustments to address de, elopment based on changing market
conditions by es tablish ing "envelopes• o r designated areas in wl1icl1 uses and structures may be
loca ted. Though an en1elope is larger than a building footprin~ creating an en1elope does not mean 1t
will be completely tilled; only that development may ocrur within th e envelope area. The envelope
concept provides the ability to make changes to building location and orienlation 1111hou1 the need to
amend the PUD site plan each time an adjustment Is considered. Though 1he enve lope concept allows
the applicant lo move s1ructures around wid1ln it development\\ ithln the envelope must meet all
s1andards established in the PUD ior height bulk, setback, floor area, etc .. as well as an\' envelope
specific requlremems . Eltablishment oi the envelope does no1 mean the en,·elope \\ ill be completely
filled; only thal development may occur w1d11n the envelope ,,rea.
The proposed em elopes \\ ithin the PUD can be compared 10 zone districts \\ilhin 1he Ciry. lus1 ,1s lhe
City's R-1 -A and MU-8-2 zone dlstricls have differenl standards, so do th e PUD 's en\'elopes have
different standards. Development in a City zone district must meet district standards established in the
UDC. In the same way, development In 1he PUD n•ust meet enve lope standards es1ablishe d in 1he
PUD's Districl and Sile Plans. Development in City zone districlS is reviewed b\ City Departments and
Divisions ior Code compliance; development In the PUD envelopes will be reviewed by 1he
Development Review Team for compliance with PUD standards (as required In Co ndition 2). The
Comp,ehenshe Zoning Ordinance lpre-UDC code) under whicl1 lhe orlgin,11 PU D was .,pp roved
authori zes the De1 elopmen l Review Team to ·e, aluate the PUD site plan for con1onna1l(e "1th 1he
appr01ed PUD District plan and lhe PUD site plan crilena• llb+l6: I ?a).
!.lw
Reslden1ial: The addition nf one ,md 1wo-unlt resldenti,1I uses gl1es lhe applt<;ant 1he abllily to address
consumer demand and pro\'ide a lull range of residential unil st\ Jes.
Hotel: The addi1ion of hotel use all01vs thP option for guest accommodations on site. If hotel use
does occur, ii may no1 be in a sland-alone facility, bu t musl be Incorporated inlo ,l mixed-use building
witl1in Envelope I. The maximum number of hotel rooms is capped al 150,
Rftail lncrea,e The orlgln,11 PUD J11d ,\mendment 1 all0\\ t>d the m,1'imurn comnwrcia l tloor M e ,1 rl•ta,1 and onkel al &5.000 Jnd 51,500 square tee~ rt>spectl\el, Amendment 1 proposes to increase the commercial 1loor 10 75,000 square 1eet Bu,ldr~g Perm it plans fo, thP commercial m11c1ures ,11 th e southeJSI corner of the site are approved for appm,lr11,11ely 50,000 sqL1Jre feel of space. The addtli on,1' space allo" s commercial uses to locate across 1rom u,e corner budd111g to lorm a doubli>-s1ded commercial irontage on the pro1ecl's Interior roadwa\. No commercial space is permi11ed in En, elope 2. The i11crease in commercial space Is not e,pected 10 aftec1 1rai11c because of the proposed decreJse in residential use.
Residemi,11 Decrejlse
The ma,imum number of residential units is proposed to be reduced irom 350 to 300 umts This
reduces the residential densil) 110m 30.67 units per acre 10 26.3 units per acre.
Dormer Restricdons
The dormer standards proposed in Amendment 2 .ire the result of negotiation between the applicant
and '<e111 Village, th e abutting ci eve lopmenl 10 the west
SUMMA RY
Denver Seminary PUD Amendment 2 proposes an envelope concept to address fotme development.
On the surface, the envelope concept may appear to grant development latitude to the appltcanL
However, envelopes \\Orie because de,elopment standards and the mechanism to re, lew those
standa rds are alread\' i11 place in the PUD.
Amendment 2 allows for more umely read ion 10 die ever-changing de, elopment market by allowing
leeway In buil ding loca1ion and orientation within the narrow limits of u,e PUD development
requi rements. Amendment 2 dOl?s not slgnif,cantly affed tr a hie Jnd at "orst case does not affect
shadows 10 the neighborhoods 10 the north. The original Denver Seminary Staff Report stated th e goal
of a PUD "should be 10 ensu re a developmen t that mitigates issues, integrates effectively, and
establishes a new stand.ird ior future de, elopment In the City." The proposed changes of Amendment
2 accomplish this same goal.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS
Amendments to the Demer Seminary PUD are addressed under the same procedure as the original
PUD application. TI,e original PLJD was submit ted under pre-Unified Developmen t Co de zon ing
regulations. Therefore, Council must determine If the modifications proposed 111 Amendment 2 meet
District P1an and Site P1an criteria as es1,1hlished in the PUD Ordln,mce. Considera1lon at thi s time is
m,1de o nly to the modifications requested in Amendment 2.
PUD Dis1rict P1~n
TI,e District Pl,1n sets fort!, the zoning regulation, un der which thu propo,ed amendments will occ ur.
The PUD O,strict Pl,in ,s, or i, nor. in conform~nce w,t/1 the District Pl~n rl"quiremenls ,inc/ th e
Co111p,vhe111ive Pl,in.
Amendment 2 1s in conformance" ith the applicab le requirement or the ge11er,1I loca ti on.
,irrangement. e,1en1 and character of the de,elopment. Th e proposed amendmenh do not
8
alter 1he ComprehenSI\ e i'lan obJeCtl\ es tor hou1in11, cuhural arts and business and employmenl idenufied in the original PUD, 2 Ail requir,•d documenu, dra\\ mgs. referrals. recomnumclation<. ,incl .1pprovdl> h,M' fx>t>n recei,ro All appropriate documents concerning Amendment 2 ha, e been recei\ ed and appro, ed. J The PUD District Pl.in is consis1en1 with adoptecl ,tnd generally accepted s1and,1rds of development in the City of fngl~,ood.
The Amendment 2 District Plan remains consis1en1 with accep1ed deve lopment standards
established by the Chy of Englewood.
4. The PUD Distria Plan is subSlanti.11/y consistent with the goals. objectives, design guidelines, policies
and anv Olh~ ordinance, /aw or requirement of the City.
Amendment 2 is In confom,ance with all other ordinances, laws and requirements of the City,
5. I Vhen the PUD Disuict Plan is whhin the Englewood Downtown Development Authority (EDDA)
area, the Plan is consistent with the EDDA approved designs, pollcle, and p/ans.
Not applicable.
PUO Site Plan
The Site Plan sets forth the site planning and design parameters under which the proposed
amendments will occ ur.
I . The PUD Site P/an Is, 0/ is not, in conformance with lhE' District Pl.in r<'Q<,iremMts
Amendment 2 establishes th ree (3) envelopes in "hich development may occur and are in
conformance wi th the Dis trict Plan.
2. All required documents, drawings. referrals, recommencl.uions. and approvals have been received.
/,II requi red documents and materials rela1ed 10 Amendment 2's proposed development
em elope concept have been received and approved. As the project proceeds, all future site
planning documents shall be reviewed by the De, elopment Review Team for compliance" Ith
Cit) de, elopment s1andards.
3. The PUD Site Plan is consistent with MIOpled dnd gener,11/y acceptecl standarc/s o( development of
the City of Englewood,
Amendment 2 is consistent with development standards set fonh in the District Plan. All
de, elopment occurring within the proposed envelopes shall conform to The PUD's District
Plan standa rds whic h comp ly with accepted City development standards.
4 The PUD She P/an is .substantk1l/y conslslent with the soals, obiecttvf's and policies and/or any other
ordinancl', Jaw or requirement of the City
The proposed PUD Site Plan presen ted in Amendment 2 is consistent with City requirements .
9
LIST OF ATTACHMENTS E hibit B: Continuum Partners Lener (April 9, 2 08, RE : dormer adjustments) Exhibit C: Plannmg and Zoning Commission Staff Report (11. larch 4, W08) Exhibit D, Planning and Zoning Commiss,on Minutes (March -l , 2008) Exhibn f : Planning and Zoning Commission Minutes (March 18, 2008) Exhibit F: Planning and Zoning Commission Findings of Fact Bill (or Ordlnance Exhibit A: Dem er Seminary PUD Amendm nt 2
10
A;:r.: 9. :~cs Tric:l L1.1g on. Se:1ior P!lr_·,t: Cor:1mun:t:, D,:•.:loprr.e~t
Cuv of Ene!ewood
lOCO Engl;wood Parbly
Engle•..,o.:d. CO a0l 10-~r;
!-.:EST .P LA CE
Re: K.mt Place Development -PCD ,:~mendm~nt l 111 .{mendment 2) Summary
EXHIGIT B
B;ise:! on cor.ditior.s mlc!e bv the Ph1nnin2 lll!t! Z:min2 Commission :ind con:menu l!Ul!c 01 the
~e:ir'.ng. we made the fol!o".ln! modifiCl~oru 10 the PL'D :
1. Sheet PUD-1 : Oevelcpment St.1.1d:irds note D 3-1'-!odifiec the hotel use room to
resident::tl u.ii1 rltio f:om "l room= .5 uniu" 10 "l room,. I unit".
2. Sheet PUD-4: Revised Bulk Plru,e Section 112 per ag reement with Ken1 Villlge
.-\ssociltion r:p:dir.g dor::ier configuration lll!d mt.-ict:or.s .
Also. the following sum.:i:uy poinu ar: offered :u cl:irifirnioc to issues disc.is;~· ~ur'.ng tl:.e
helf~g:
• Orig inll zoning permitted 6 tO'-"Cf! plus 45 IO'-"'IUlO rr:es 11nd 65.000 sq. ft. of rmil and
of.ice S?ace. The zomng a!so estlblished tower heig.'its and setbacks iror.:i adjace:u
r:sidmial are:is . Th: zor.i:1g included ve,y specific footprinu for e3ch building on t.'le
site .
• The mcdi:icatior.s mad: b·,e ge:1e:ally m!uced tl:e overlll height ar.d density of the
deve!opmer.1. Th: fim modification to tl:e PUD reduced die number of tov. ers 10 4 ar.d
reduced the commercial uses to Sl,SOO sf. It also c:eated a single envelope for the towc:s
on the r.orr.~ern pcrjor. of t~e site
• mis second rezonbg h:is been r.ecesmat:d by ch:inges in the market and the need for
fle~ibih1y to respond to the r:iarket (more flexibility in unit design. build1r.g program
design 1111d phasing) We ha•,e a!so added l sr.:a!l hotel llS an additional lu.d use optior..
It is r:ot highly lik:!y v.e \loould subsmme a hotel for a ponion or t~e hou;ing olherwise
approved, but it is helpful to be able to cxpl ori t.'ie option if it should I""'! out to m.1.l{e
sense
• We ha·:e t-ied 1~ "-Or'.< "-itit:n !he highiy specific building foot~rin ., .llled out in the
original zoning, but the:· are prov:ng to be an obstacle to advancing the project I: even 11
~mor ;::::.::g: :s r.!.;c::!L L':"! Pll) ~c~.:":::i~~cn iJrx:s;; ~:..~!i :.,, r.-:cr.:..~ E:.1.::ope; u~.:t r::-:e:: t.':! s.1r.-:e h.::;:'.t l:::uu 1r:~ ;l::-:t ;:~~Jck ::q1J::?:::t::1ts r::lk! :nor! i ..:~~.: J:-.d \\ :ll J!!c" :l:: De·. :!llft:.e::: Re view T eJ::110 rr.:i.:_: ;i:r: :he butldmg; br:ug~I for,. J:j nr: .:orr.p!i;u:t w:t'l JI! ::m:.:::cr.s Jr.C t!:e !~-ls of :he cr.gmll zcnmg. • Proje:: Stlt!ll -y,·: hJ',e te :.s of millions of dol!J:; alr:Jd :, invested m Jqu1r:ng the ,.1e, de:noli1ion. cesip of ouilc:ngs and rne impro,e:nc::1; Jnd the iales ce:.tc: and sales prog:1m. W: k.ic"' \\: c:1.1 achl!lc: the r:tatl Jr.c! of:1c: cor::por.e:m of L~e proJe~t.
Tnose ar: ce,:g:icc. lpFro,·ed ar.c llriety read~ 10 go, bi:1 "e ned a a:f:·e:;r.1 approac!:
10 pr.:isir.g the housing .:or.1i;one~is anc! the lbtln:y 10 modify scmc of the op1:on1 ": :i:e
pro, 1dmg (ar.J.ched 1ownhor..es vs. ,·1ll:is or cup!exes for U\StJr.c:). W: hlve buye:s a~d
interest, but \\C sin:ply c:ir.'t mr. with the angina! 111 firs:-phlse housing unit. in the
curr:nt market conditions.
• It is imper.am 10 unde:s:1.~d all of the r:quir:me:m thJl ar: not chang:r.g -height i1r.:::i.
setbJcks. roJc!\\ay ll?lprove::ientS, C"lffic sign3J. pe:ime:er 11Jlls on our site and acros;
L'r:iversiiy. and the quJ.!:1y of proJe:t. We are bui!c!ing esSt:11:Jlly the s:m:e stllc of
corru:mcial uses or:1nna;Jv aooroved for the site, and lesl to1JI hous:n2 a::d fewe: to\\e:;
th:i.'l originally appr;ved :i'nc·r~specting all of the origin.I cor.1mitment; mJde 10 the
community about heights, setbacks, etc.
• Ii we Cl!l cor:,plete the PL"D process. 11: will be reJdy to mr: this year. Ii people WJr:t to
be sure about the quJlily of what we will build, !hey cJn still come see t::e buildmg
e!evJtior.s and moc:!el ir. ou: s:iles c:~.1:r Th: rr.ain reuil builc!mg is a gocc example. I!
is c!esigncc! a::d reJc!y to go and 11 is not going 10 ci::mge The cthe: buildings en site ":II
be of n comparable v::y high qu.hty .
P!e:15: let a.e bow if ye~ r.eec! :i.-:y adc!11:or~I ll'ior:nauor,
Enclosum
{' EXHIUIT C C T y 0 F C O M i\l U N I T \ E N G L E \\' 0 0 D E V E L O P ,\\ E '-. T
TO: PIJnning and Zoning Commission
THR U:
FROM :
DATE:
SU BJ ECT:
APPLI CANT:
Alan \,\ hire. Director. Commurnr, D~\ elopment
T ric1a Langon, Senior Planner /1,,
March 4 , 2008 1
Case ZON2008-0 1 -Public Hearing
Denver Seminar; Planned L,nit Developmerit ,\mendment 2
Kent Place Developmen t Compam I, Inc.
1430 Wyn kcop Str eet Sui te I 00
Denver, CoJlorJdo 80~0~
PROPERTY OWNER S:
Con tinuum Ch erry Hills Land Company. LLC
Ken t Place Im esters, LLC
1430 Wynkoop Street, Suite 100
Den ver, ColorJdo 8020 2
PROPERTY ADDRESS:
3451 South University Boulevard
REO UfiT:
D
The applicant has submmed an applicJt1on to amend the Dem er Semi1wy Planned Unit
D evelopme nt (PUD) which was firs t appro,eJ by Cny Cou ncil on Sep tember 20, 200 4 ,is
O rdinance Number 5~. Series cf ~004 and amended on February 23. 2007, by Ordinance
9. Seres of 200 -.
RECOMMEN DATION :
The Department oi Communit\ Devel opmen t r<'commends th,1t thP PIJnning and Zoning
Commission rev1e" the Demer Seminal) PL'D Amendment 2 and forwa rd .i
recommenda ti on fo r appro\JI to City Council \,ith the following cor.cht1ons:
All apprO\ ed cond111ons and r equirements eslJbli<' ~d under the Denver Seminar;
PUD and Der.,er Seminal) PUD -Amendment 1 shall apply unless amended b/
Amendmen t 2.
I COO Eiglewood F.11~.,•1 Engl~·,.ood. ColQrJ~o 601 tO PMr. ,E JOJ."o2-2J 4 2 FA\ 30J.i8l•68\i3
' ~mendment 2 adno11lt.>d~'°' th<' need 1or ije,ible de\e "Pment opuons b, establisning tnre:! •J de\elorment ell\elopes. foc!1mcJI ;,,-~ pla,. re\,te\1 oi r.e,elopment witmn sJid en-elopes srall be b, the De1elopment Re.ie,, TeJm re, ie11 ior compliance 1111h PL D and Cit) de, elopment standards. En1el,:ipe 2 shall be limited to uses permi tted in the "househc.ld hing• categor, oi th e PCD's Table of Allowed Uses, 4 Hotel Lse shall be limi ted as follows: a Hotel use shall be located within structures 1dentiiied as Condominium
Tower 1, 2, 3, or•
b Hotel use shall not be a separate, stand-alone use
c. The maximum number 01 hotel rooms shall be 150.
d Ii hotel use is approved, the follr.wing guest accommodation all owance
approved in the original PUD s!,ar, amended to:
·J. The number of residential umts does not include p:oposed guest
accommodation for guests of residents of the proiect. Such
spaces shall not exceed 900 S.F. and no more than two such
spaces per resjderlll,jl cpndomjnium tower '3~ileliBg [ 1 J le!al ) shall
be provided."
LEGAL DESCRIP";ION:
Lots 1 and 2, Ken t Place First Filing
ZONE DI STRICT:
Dem er Seminarv Planned Unit De\(!lopment, as Amended.
PROPERTY LOCATION AND SU RR OUND ING LAND USE:
The subject property of this PUD amendmen.t is located at the north"est corner of South
University Boulevard and East Hampden Avenue. Land to the north and west of the subiect
property is within the City of Englewood. Adjoining land to the north Is zoned R-l•A
Residential Single C'Welling Un it District and contains detached sing le-un it dwellings.
Adjoining land to 1: ,s west Is zoned MU-R-3-B Mixed-Use Residential/Limited Office-Re tail
Diwicl and contains an attached single-unit dwelling development known as Ken t VIiiage.
Land to the east of the site, across South Un iversity Bou levard, is within unincorporated
Arapahoe County and is zoned R-2 (Co unty zoning designation). Land south of the site is
1,ithin Cherry Hills Village and is zoned R-1 and R-3A (Cherry Hills Village zoning
design,!llon). Land 1,ithin these areas contains residential det:iched single-unit dwellings.
PUD AMEN DME NT PR OCEDURE:
As stated in Sections EI b and E~b o; the original Denver Seminary PUD District Plan
De"elopment Standards, major modifications to the District Plan and slle plan amendments
may only be made pursuant to the same procedures under which the original plans 11ere
appro"ed. Therefore a pre-application neighborhood meeting, City review and public
hearings before the Planning and Zoning Commission and City Co unci l are requi red.
8-'CKGROl:\/D: Tne PIJnned L mt De, "lopmem rs J relo111111: pr ·ce,, tr ,,It .,,t.1hir<I,,., ,p,•, '" L, 1111•g .111.f sue µlanmng cr:teri,1 to meet tne needs .;1 J sp,-•-:nc Je,, 1c'; 11w111 I" 'I , ,.1I 111 ,11111.1, 1101 bf' JccommodJted .\lthin e,istrns 2011111g Je,elopment ,.,.;ul.1t, m \ PL D '"l r1111i; 1 "'"';~, the cpportumt\ ror unrned de, elopmen l control ior multiple µrop,•r110, or rnultrpf,, u,,,s n,e Dem er Seminarv PLD rs an 11 -l 1 Jere srte ,)re,ious!, orcup1,•d b, ,1 th,, ,log,~.11 semmJI\ ior more than iort, Ha~. The site \\JS the sub1ec1 01 ,1 rt!zomns ,lJ'plic,111011 b1 )\ F, LLC The rezon111g ,,as appro,ed b, Council 011 Sept11111ber 10. ~00-l JS Oru111anct?
,umber 51, Series of ~00-l, with the iollowing ~ond1trons:
t. Dedication of lii<? Soul!' Ln1,<?rs1ty Boulevard conti nu ous right turn Ian,'.
1 C:mstruction of the public 1mpro,ements as proposed and as a cond1uon of the
PUD approval.
3. Prior to recording an~ Development Restrictions and CoHmant documents, the Cm
shall review such documents to assure that the documents are consistent wi th the
PUD.
-l . App licant shall provide two recorded copies of all Development Re)trict1ons Jnd
Co1 enant documents lo the City
The property was transierred from )VF, LLC to Contrn uum Partners, LLC In De cember 1005.
Si,1ce that time Continuum demoli!hed all but one building on the site and constructt>d
sound "alls on the west and north boundaries.
Continuum Partners requested and received approval of Amendment I, which allowed a
reduction in retail area and related par~ing ratios, modification of building configurat ions
and thus building enve lopes, and change in turn-1.ine configuration to mitiga te inter;ectlon
conmcts identified by Colorado Department of Transportation (See Exh1b1t BJ.
NE IGHBOR HOOD MEETING SUMMA RY:
Pursuant to the Denver Seminary PUD amendment procedure, the applicant conducted a
neighborhood meeting 011 January 16, 2008, prio r to submitting the app lication for
Amendment 2 on lanuar, 18, 2008 Notice of the pre-application meetmg was mailed to
o" ners of p roperty within 500 feet of the site. The notification urea included properties
\\lthin Englewood, as \\ell as Cherry Hills Village, Den,er, and unincorporated Arapaho<?
County. Meeting notes are allached to this report (See Exhibit CJ.
CITY DEPAr. fM ENT AND DIVISION REV IEW:
The Amendment 2 PL,D District PIJn and sit~ pl,111 1, ere reviewed by the City's
Development Rede" T earn (ORT ) on January 29. W08 Identified issues "ere addressed
b, the applicant and the final Denver Seminary PUD Amendment 2 pac~e l was submitted
on Februar,. 20, 1008
OUTSIDE AG ENCY COMMENTS:
Preliminary plans of th e proposed Denver Seminary PUD Amendment 2 were referred to
Arapahoe Count\, L'ie City and County of Demer, Cherry Hills \. rllage, and th e Colorado
De~lr:r·em 1 -·Jn;.c,:.1:1 G)07 · r r'C!\11! ·. 1:1d c mr,er,t Cumm~ms rr,..,111 De1•.er and -\ra pJhc~ C.::unt. ar~ J1t.1C:1\!~ .1s :,:1 11-its D Jnd E Tile COOT prt>li rrn nar\ comm~111; Jre J:t.1.:'ie.: Js E,h1c,t F F ,·,11 CDO-c mr.,!•it; base..: en Jn upa.11ed T•.1:.ic -\n,11,s,s we•~ net recer,ed 111 tn•·e tJ ce ,nc,l.ued 1n this start ri,port. Ir rorrnal comments Jre rece1, ec beiore th e public he.1ri11f St.ii: 1, 'Ii present them du ring the he.1n ng. C'ie•r\, Hills \ illa 3e .:id not pr '"cie commen ts ANALYSIS: L'nless modilli!d throl.gh 111s -\mendment :: api;ircat1011, ,1II condmons Jr,d requ irements oi
the PUD as amended rem.1111 i11 eiiect.
Site Plan:
The applicant is proposing site plan amendments to a ddress de, elopment issues resulting
irom changrng mar~et condiuon s since t i•~ ongrna l Planned L,nit De1,elopment 1, as
approved.
Building Envelope: A building envelope est .1blishes area and bulk llmits ii1 wh ich st ru ctu ral
development ma, occur. The original PUD and Amendment I site pld•1s designated the
footprint of eac'i structure to be 11s de,elo pment en1,el ope. This designation offered no
flex ibillty in bui lding location or orientauon and modification of the appnved site plJn
would ag:iin require a PLD amendment
The applicant proposes enlJ rgement of the en,elopes in which bwldings and uses may be
lccattd to allow adji.stm~nts rn building locauon and orientation without th e need to
amen d the PUD site plan each time adjustmen ts are conside red. Three large em,elopes are
proposed in ,~hid1 any allo,,ed use or .ict1~ity may occupy pro,ided all PUD e,tablished
heigh~ se tback, bulk plane. and noor area requ ir ements are me t. Establishment of the
envelope does not mean the em elope will be completely filled; only that development mav
occur withrn the envelope area. Please see sheet PUD 3 of the Amendment 2 submittal fo r
de tails or the proposed en1,elopes.
Envelo pe 1 is located in the southeastern portion of the si te and conta ins two sections.
Envelope I A is the area identifie d in the original PUD and rn Amendment 1 as commercial
spa ce. Er,elope I B is the area identified in the original PUD and in Amendment I as
contain ing con dominium towers I and 2 with maximum heights of 121 and 15 0 feet
respective!,.
Envelope ~ Is loc ate d along tl,e \\'!Stem bound.1r1 and cont,1i11s areas iden tified in the
ongrnal PLD and rn Amendmert I a< a residentiJI areJ for to" nhouse, rowh ouse an d
Interna l roJdway de\elop men t
Envelope 3 is located 111 the northeas tern portion oi the site and conta ins the area ldentiiied
in the o rigina l PUD and in Amendment I for de1,elopment of condominium towers 3 and -I
" ·th ma,irr.um heights of I 65 and 1 i9 feet respecti1,ely. With the large en\elope proposal,
Emelope 2 Is now 2-1 0 feet w'de which slides the potential location of the proposed
ccndorninium tJ•.ve r In Em elope 3 to t'.,e cast.
T11: proposed cm :lcpes a!:ut eJch 1.;t'1er and ,mablis~ areJs 111 ., 11,c!l do?\-~opment ma, occur ·\pin, establi,nment oi Jn em elcpe coe, net meJn the em elopt \\111 be complete!~ 1illed. er.I, that de,elopme11t ma, occur 1\lcl11n the em ~lope area In the c,riginal PL D and in ..,mendme111 I the bu1ld1ng iootpnnt em,elopes designa ted precise building loca tions and allo\\ ed no rlexibrlit~ without amendment oi the PUD site plan. A PUD site plan on onl•; be amended through the same pr ocedu re as the original Planned Unit De,elopment a minimum fi,e mon th process. Tiie enlarged enve lope concept provides 1lex1bilit} and allo" s deve lopment to adjust more qu ic~I~ to changing market
demands.
When economic downturns or other market forces are bernnd the control of a de, eloper,
greater zoning ile~iblv can be used to support rede,elopment. Establishing development
en\'elopes in a PuD rather than requiring a detailed site plan can pro,ide development
opportunity and creati,ity. Though the r gid locational details are not imposed in an
envelope, the PL'D's overall controls are monitored through the D1stnc1 Pbn's
developmer,t standards for height, bulk, setbac~s and uses. All zone districts in the City
function on this same standard; one where development can respond to the market within
the con tex t of app roved zoning regulations. Once zon ing regulations are es tabl ished in the
District Plan and envelopes are crea te:! on an Envelope Plan, the de tails of the
development should be reviewed fo r compliance with City and PUD development
standa,ds by the Development Reliew Team.
Permitted Uses:
The following additions to the Table of Allo"ed Uses are proposed:
One-unit detached dwelling and rwo-unir dwelling: The residential uses pro,ide
additional ffe.xibility for individual homes and two-unrt structures.
Hotel: Addition oi hotel use allows the option for guest accommodations on site.
The following amendments are proposed for existing allowed uses :
Increase in the maximum commercial Hoor area (retail and office space) from
51,500 to i5,000 square feet.
~lodin cation to the numbcr of pJrking spaces asso"ated with the change in uses.
As prop:,sed, any use-allo,·,ed in the PUD may locate within any envelope. In the original
PUD and in Amendment 1 the \\estern portion of the development "as designated for
lo.ver density residential use. This area is proposed as Envelope 2. Because this area was
designated and approved for residences \\ilh lo,,er heigh! and bulk srandards, hotel use
may not be an appropnate u;e 111 this envelope. Tnerefore Commumtv De,elopment
Department recommends thJt En,elope 2 be limned to allo" ed uses permitted in the
"household Irving" C3tegorv of th e PUD's Tab!e of A!IO\,ed Uses
As proposeu, Hotel use is not includPd in the r.c1lculation of total commercial space. Hotel
use ls proposed to count toward the tota' number of residential units at a ratio of I hote l
room equals .5 resid en tial units. At this ratio, 600 hotel ,ooms could be built if no for-sa le
reside ntial units are constructed. This scerwio or an~thing approach ing It, however unlikely,
5
could c!rJmJticJ lh c~Jng,• the ch arJcter of the sile. Thereiore Commu nitv De\elopmen t Depar1111e111 recorrmend, ·hJ t the io/lo,•, rng ho tel use condurons be added 10 the PL D District PIJn Oe\elq:mo!lll SIJndards Hotel use s--ail be loca ted w11'11n Condominium Tm,er I ' 3. o r ~ I lotel use shall 110 1 be a separate, stand-alone Lise The 111.1~imum number oi hote l rooms sha ll be 150. Ii hotel use is appro\ed, 1he follo"ing guest accommodauon allo" e approved in
the onginal PL D shall be amended to
3. foe number oi residential units does not include proposed guest
accomm oda tion for guests of residents oi the project. Such
spaces shall 1101 exceed 900 S.F . and no more than two such
spaces per residential condominium tgw 13 r 81:Jilefing '12 total) shall
be provided .
ResidentiJI Density· me proposed maximum number of residenual units is proposed to be
reduced from 350 to 300 units. This reduces the residential density from 30.6i units per
acre to 26.3 units pe r acre; however it does not include hotel occupan cy.
Phasing: The development is anticipated to be done in phJses with completion of the
project b, the end of 2011 .
Se tbacks. A setback ,s the minimum distance a structure must be located from a property
line. For this proposa l, setbad is the minimum di~tance from th e property line to the
building envelope.
Direction En~elope # I Current Se tback Proposed Setback
i\orth 2 I 33' 2· 25' 10"
3 I 26'2" 37' 6"
South IA I 6' 2· unchan2ed
2 I 19' 3" 2' 7"
East IA I 13 ' 2" uncha112ed
3 20' Ran~e: 14' to 20' 7"
West 2 I 20' I unchan~ed
Building Height and Bulk Plane· All building heights in Amendment 2 a re based on United
Sta tes Geologica l Survey (USGS) eleva ti ons and measured from grade. Un less specified ,
building height is inclusive and all portions of the building and Its projections m~st be
contained within the stJted height hm1L The ma~imum building height at any given point is
a fu nction of bulk pl.me standards. Bu lk plane creates •stepped" height incremenl5
whereby upper noors are se1 back farther from the property hne than lo\\er floors lhis
reduction In a structure's O\erall bulk allo"s access to skylight within the development and
reduces shadows on adjacent properties. Maximum heigh t and bu lk plane "step~" are
6
sno"n on ,r,~~1 PL D-J Cnss sec1,on, 1ilus 1r.11 m·.; ht'1 i 11 Jnd bulk pb ne o r the p rc 1,o;ed ell\ elopes are sho" n on ;h~et PL D--1 A summJ(\ 0 1 propos ed he ight an d bulk plane 111 odi11, Jlions is she\, n belo1,: 1 Envelope# Current Proposed Curren! Proposed I I Individual ENVELOPE I Bu lk Plane BULK PLANE Buildings He igh t Slcps Steps
I Hei~ht I
IA bkla 11 -13' -15' -13' -13 '
1 A lbldu 2 & JI -11 ' .ff 45 -15
1 B Hower l l 121' 11 1' 121 ' 1 121 ·
1B (lower 2) 150' I ISO ' 150' 150'
1 .10\-.,nhouse) .U,' 55' 1 1 "/29' -16' 1 I '/-16 '/55'
2 lrowhouse ) I -1.J' 53" 4-1' 55'
J !tower 31 165' 179' 165' 20'/179'
3 towe-r J -lm.,·er 155' 1i9' 155' 20'/179'
nru1,on1
3 (tower 4 -upper 179' 179' 179' 20'/179'
oorilonl
A numerical error appears in the Em elope 3 diagram on sheet PUD--1. The lower bulk
plane step should read "5-1 32 (USGS )". This error is noted and will be corrected.
Parking: In the original PUD and In Amendment 1, the number of parking spaces ,~as
specified. Amendment 1 proposes the same parking ratio for retail use (-1 spaces per
1,000 square feet ) and the sam e residential ratio (2 spaces per unit). Bicycle parking ratio
also remains unchanged. The parking ra tio for hotel use is p roposed at .5 spaces per room.
The current City parking standard for hotel use is 1 space per room. plus employee parking
at .5 spaces per emplO) ee. Addition.ii parking is required if the hotel has convention or
meeting iacilities.
The actual numbe r of parking spaces necessary for 1he project is dependent on the uses
and actual development. It is the developer's responsibility 10 provide parking at the
established ratios when the site plan and uses are established.
Shadow: Beca use the en,elope concept does not require building locations the exact
shJdow effect will nol be determmed until the final building design and locatio n is
determined. Proposed budding height modificauons in Envel,..'l e 1 create shadow onl,
w11hin the PUD site. The app licant will prese111 a shJdow study animatio n at the public
he.iring,
In Amend men t I the townhouse ell\elope alo rg the west boundary \,as 46 feet in height
and 33 leet from the north property line. Ame ,dmen l 2 proposes a three step bulk plane
wi1h heigh ts JI 2 1, -1 6 and 55 fee t Th ese he iglm are appro~imately 26, 60 and 88 leel
fr om the north properlv line
/11 .\mencment I 1·.1 c:ll1cc,n11111um IC\\ er en•. ~1cpes on the 1101th porucn , , the ~lie 1, ere Jppr:,eo at heights oi l~j and 1-9 ieet r~ese en,elopes 11ere 8~.5 feet from tlw north propert, hne In .\me ndmen t ~ a r.,o step bull.. plJne 1s proposed '"th the lo1>er step being a ma~imum oi 10 feet tall at a distance oi 3~ j ieet from the north proper!\ hne. fne taller step is 1-9 ieet in he,ght and remains at s-5 ieet from the north propert1 line. Due to the "idenmg oi £11\elope 1 En1e!ope 3 shifts to me east \\1th the en,elope shut and I~ feet height increase 1t Jppears that la:e da, shado"s mav be deeper and e,tend further to the east
Traftic Amendment :! pr ,poses no changes to the stte's access entry points. Tne proJect
wlil meet all State. Citv and Count\ de,elopment requirements .
T rafiic could be affected by us:ng the proposed de,elopment envelope concept and th~
proposed land use modifications (residen tial unit decrease, commercial space increase). As
part o{ Amendment 2. th e applicant submitted an updated tra ffic analysis by Fox Higgins
Transportation Group, LLC. The anal~sis summarizes the effects on traffic as :
"The proposed changes in lan d use results in minor changes (some reductions and
some increases ) in projected site traffic fo r site access and adjacent intersection
movements,
The decrease in residentiJI dwelling units results in a small reduction of A,\\
outbound si te trips.
The proposed Increase in oftice use results in an increase in AM inbound site trips;
these increases occur during the periods of lowest site traffl c can be accommodated
with minimal effects on in tersec tion level of service and queuing.
Depending upon the ratio of office vs. retail used. the current land use plan may
result in a sligh t decrease or increase in PM trips (both inbound and outbound);
these changes can be accommodated with minimal effects on intersection level o(
sef\iCe and queumg.
The changes have no efiect on the recommendations made in the original tranic
study or in the follow-up addendum ,_;th regards to capacity and queuing in and
around the site •
rne Fox Higgins study concluded that "the proposed change in land use results in a
neglisible net effoct 011 site trairic impacts. Tne findings and recommendations o( the
original traiflc are still ~.1hd {or this project." The City Trafric Engineer re,iewed the report
and determined that the proposed changes in land use result m minor net efiect on Sitt!
traffic impact; and the findings and recommendations of the original trafitc study and the
follo\\•UP addendum are still \alid for this project.
Drainage: Drainage and grading concepts remain as appro\ed in Amendment I.
La ndscaping: No landscap ing amendments are proposed.
Fencing ~nd Signage : No fencing or signage amendments are proposed.
SU MMARY: Commuml', De•.e!opment feels 1ha1 although multiple amendments are proposed, eJch rme-lunes the original and amended Pl D plans and thereiore ._mendmenl ~ ariords an improved de, elopment The e,1,elope concept is similar 10 zone districts in the rest of lhe City where development is allo,ved to proceed provided 11 meets distrrc1 standards. Once PUD distric t plan standards are approved, requiring an owner 10 amend the zoning fo r site plan or market cond ition changes is ti me consumi ng, costly, and sti fi es deve lopmen t and creat ivitv in th e City. Enve lopes encourage a wide r range of development options wi thin
the contex t of apprO\ ed PUD regulations.
The original Denver Seminary Stafi Report stated the goals of a PUD "should be to ensure a
development th at mitigates issues, integrJtes efiecti,ely, and establishes a new standard /or
future development in the City: Tne proposed changes of Amendment 2 accomplish these
same goals.
PLANNED UN IT DEVELOPMENT CONSIDERATIONS:
Amendments to the Denver Seminary Planned Un it Deve lopment are addressed unde r the
same procedu re as the original PUD applicatio n. Therefore ~1e Commissio n must
dete rmi ne if the modifica tioM proposed in Amendment 2 meet Dis tri ct Plan and Sit<! Pla n
c riteria as established in th e PU D O rdi nance. Cons iderati on at this time is made only to lhe
modi ficatio ns addressed in Ame ndmen t 2.
PU D Distric t Plan
The Dis trict Plan sels forth the zoning regulations under which the proposed amendments
will occur.
I . The PUD District Plan is, or is no~ in conformance with the District Plan requirements and
the Comprehensive Plan.
Amendme nt 2 is In conformance with Distlict Plan requiremenu and does not alte r
lhe Compre hensive Plan objec,ives /o r housing. cultural arts and business and
employment identified in the o ri gina l PUD,
2. All reqvired documents. drawings, referrals, recommendations, and approvals have been
received.
All appropriati! documenls concerr ing Amendment 2, to this poin~ h.lve been
recei, ed. As the project proceeds all future documents and drawings shall be
m ie" ed /or City de,elopment stand, rds by the Developmen1 Re~iew Team.
J . The PUD Disuict Plan is consistent with adopced and generally accepc~d s1.,3ndards oi
developmenc in the Crcy of Englewood.
The Amendmenl 2 Dislrict Plan rem1ins consis ten t wi1h accepted de,elopme nt
slandards estab lished by the City of Enelewood.
9
./ lh,• Pt D [1,,11111 P'.in ,, ,u/H,1"11Jl/1 con,1,lt'nl 1Hl1 rlw ~1~1i, ,,1,,,,., 1 ·• ,/,•,,gn t:u•dPJi'llll! .... p11l1C1t•, 1lnd ,lf'!\ t)lht•t ,rJm •. .mce. I.J\\ or reqwr•Hlh'nl OI lht' c,r; .\•nenc!menr ~ conrc,nns 10 JII orher orc!111,1nces, la11 s and requ,remenls 01 rhe Cm j I\ lll'n 1/1t.' PL{, D,-tritl P/,,n 1, 1111nn /ht' Englewood .9011 nron n D,,1·t'iopm,,nr ~uthnr,ri, COD·\ ,1r,•,1 thl' Pl.in , wn,hlt'n/ with 1he EDD.-\ dpp,01 e.J dt>•1gn,. pohli<·s ,me/ pl.in,
,01 applic,1ble.
PL D Sire Plan
The Sire Plan sets forth the sire planning and design parameters under "h1ch the proposed
amendments will occur
The PUD Site Pl,,n Is, or is nor, 111 coniormance w11h 1he District Plan re<1uirements.
Amendment :l Bu lk Plane Envelopes establish the areas in which developme nt may
occur and are in conformance \\oth the Disrricl Plan .
2. All requir ed documems, d,a,~ings, reforra/,, recommendt11ions. and approvals have bt>cn
received.
All required si 1c 1,lan materia ls, based on the proposed development envelope
concept have been received. As rhe p rojecr proceeds, all furure sire planrnng
documents and drawings shall be re iewed for Ciry develop menl standards by the
Development Review T earn.
J. The PUD Sire Plan ,i comlstent 111th adopted and generally accepted scandJrds of
de1·elop111ent of the City of Engl/!11 ood.
Amendment 2 Is consistent with de\elopment standa rds set forth in the D1s1nc1 Pf .111.
All de\elopment that occurs within the emelopes shall conform to accepted
Engle\\OOd develupment standards .
./ Tile PUD S11e Pl.111 ,, sub,1J11tially cons1>1ent 111th the goals, obiecuvf'S and po/ic,e, ~nc/,o,
,111► other orclmance. J,11v or requ11ement oi the Ory
The proposed Pl D s,re Plan presenred m Amendment 2 1s in subs1.,n11al
conforman~e 1\1lh ,111 orher ord111Jnc. ,. IJ\IS and requ1remen1> ol the Cm
ATTACHMENTS:
Exh1b11 A. Dem er Sem,n,1ry PUO Amendmenl 2
E,h,bi l B· Demer Seminary PUD An1~11dmen1 I • Site Plan
E,hib11 C: 1'eighborhood /llll•~t,n g Summary -January 16, 2008
E\hih11 0. City and Counly ol Denver -Email elated January 30, 2008
E,h,h,t E: A,apahoe Coun t\ IEng,ne~rmg) co111111e11 1, dated Februar\ -1, 2008
hhibil F: COOT Region 6 -Le11er dated Januar\ 31, 2008
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FebrJ3ry 1-l. ~OOb T n.::a I angor.. Senior Plar.nc: Cor..munity De velopment
City of Engle"ood
1000 Englewood Parkwa y
Englewood. CO SOI 10-~3i3
Re: l,:mt P/are llevtlopment-PCD (.-lmt nt!ment I to Amendment 1) Summary
Per your request the follo wing is a summary and list of the ch i111ges made ~ p:in of the proposed
PUD Amendment 2.. Also listed are the modifications md clanfications made subsequent to the
origin al submission, other than those requested on the attache d City comments.
As a result of the strictness of the original Pl.JD Site Pli111 with exact building footpnnts and
r:,odways locat ions. any modification, 10 the building locations within the overall site enve lopes
requir~ a full PL 'D amendment After discus\ions with Pl:mmng Staff. Community De,elop,ne,1t
and the City Mi111oger it was determined that the PUD, os a zoning document, should establ ish
the permiued uses i111d building en,·elopc1 within which 10 develop The sit: plan. roadway and
util ity pion, and building pl3ns should be reviewed and approved sepmtely against the PUD
when exact building locations ore k.,0 ... 11. For that reoson we made the following modificauons
to the PUD:
I. Sheet PL'D-1 : Modified the Conmuction Schedule and De,·etopment Summary to reflect
current projected program phasing and delivery.
t Sheet PCD-1 : Added "Or.e-unit Dcl.lChed Owelhmi" i111d ''Two-u nit Dwcltm2°· :is
permitted um to allow for projected duplex development with a potential of ~inimal
single detached units.
3. Sheet PUD-1: Added "Hotel .. as pcrrnmed use
4. Sheet PL'D-1 : Ade 1 "'Sec not~ DJ"' to Hotel use in the Table of .tllowablc uses
5. Sheet PL'D-1. 0.2 -Correction; changed south to nonh
6. Sheet PUD-1: 0.3 -Reduced Resident ial Units from 350 to 300
7. SheetPUD-1 · DJ-Ad1.td .. Ho1d: I Room=.5 l!nilS)
8. Sheet Pt.JD-I: 0.4 -In creased Commercial sf from 51,500 to 75,000
9 Sheet PUD-1 : D. 4 -Increased nllowal,,c Office sf from 17.000 to 17,000
10. Sheet PUD-1 : D.2 through D.8 -Revised sheet refmnces per sheet numbering chang~s
11. Sheet PUD-1: Agency Comm List-Changed "ie contm for David Owen Tr;ba
Ar<:hitCCtl 10 be Jmmy Bicker
12. Shw PUD-l : Site ;)ata-~lodi ficc! Site Data per the above
13. Shee:s PL'0-1 through PL'D-1 I: Eliminated me plan specific Ph:1Sing Pl:in. Site Plan. Oi:-me L'11l11y Plan. On-site L'ulny Plan. Grading Pl;m, P:irk.ng Plan. G:1nge Parking P!J11. Pedesman C.rculat:on Plan. Lmdscapc Pim. and Fencing Plan. Replaced with 1''E\\' Pl'D-2 Project Guidelines. Pl,l).J Proposed En,·elopc Plan. and PUD--1 Bulk P!me Secuons. Spcc1ric requircmentS of former plans" ill be reviewed sep:1mely from the PL'D as descnbed obo, e 1-1 . Sl:w PL'D-3: No1e ,1 • Corr:cuon : changed south to nor.h
Ple~e let me know if you need any additionll information.
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eighborhood Meeting Pr oposed Planned L:nit De velopment Amendmenl Den~er Seminarv Planned L:nit De~elopmenl S11 biec Sit,:: 3463 South L m\ ers ;I\ Cour ~-
Cononuum Partners. LLC
Nei gh or hood le 0 ting :
A pre-application meeting was held on January 16, 2008 at 6:30 pm in the CityCente r
Community Room . A.s required by Planned nit Development (PU 0 ) regulations, property
owners within a 500 feet rad ius of the site of the proposed PU0 amendment were notified
by mail (See attached letter dated September 29, 2006 ).
Attendees :
Publi c:
Cont in uum Part ne rs, LLC
David Owen Tryba Ar~nitects
MB Consulu ng
City cf Englewood
ln tro duction/Welcorr.e
See attached ~ign-i n sheets
Tom Gougeon , Pr incipal
Kev in Foltz, 0e,elopmen t Director
Jim Hatman
Rob St raka, Se nior Pro ject Manager
Shaw n Dresse l, Project Administrator
Jusrine ¼11/man
Dean Foreman
Jerem y Bieke r
Da vid Center, G,.,il ngineer
Tricia Langon, Senior Planner
Kev in Folu \\elcomed those in atte ndance and in tr,;J ur:ed member; of the proiect team ,
Mr. Foltz stated that the purpose of the proposed amendments was a change from the
res tricted PUD to an •enve loped based" developmenl Mr . Foltz used a PowerPo int
presentJt1 on to descri be the development concepts of the proposed amendment s
,'res entation
The original PUD ~OntJined 6 towers with 43 townhomes and 65,000 square feet of retJII
space , Amend ment No. l decreased the reta il space to 51 ,500 square feet with 4 tO\\ers
and 60 town home s,
Amendment No . 2 Is being proposed because the PUD en ~e lopes were des ig na ed as the
building 's footprints Due to mar/..e t changes, more bu 1 ers are looking for ~ard space
anc er .::ur:,,Jr~ ce·.~lccl"',c,1t. ThLs Cont11,L.1m .\ls~es tu c:eJte IJrg~' e,1,elopes to allc·., r:~,:br.rt· t: rrJ~~ :·J::;es ,r th? s,t~ ;:la, ·e!.i:r,e tc C"Jrgmg trJr~et cemands tn.;s r:?Jc::n; r.., t~e rrJr\.~t Jr..= ma~m; rJs~-::r c~anges tv t~e rrarket. ,o c'ia~ges are ;:ro,:cse:l tc b1..1ljrng height cdk plare setback; oiis1te road_.a,s and s;g•als . or trai:ic derranci One ;;ice ;~c"ed tr.at t.".e inc-eJse ir recail space generJtes an addiuc0 1J ~~ ,e~1c!es but the dec·eJsc n reside"tlal urns eq1..als ICC ,eh1cl~. ,\Ir Felt: shc,,ed anirnat.ons or tre basic en,e1opes and stated that Cont:nuurn would be
unable to build cut to tie max:rnum en,elcpes becai.;se t'le unrt count, open space
requrremenu a d other restrict,cns regulate the e,tent oi the de,elopmenL
An animation or a shadcw stud, was sho»n. Mr Foltz stated that no one pre,1ousl,
unaiiected rs affected no,, due to tne northern rower en,elop being shifted to the east.
Public Ouest•ons and Ge~,:ral Discussion:
Quesrions focused on the following topics:
Genera l Items
Who is the lead lender on the project/ We lls Fargo
Townhome/ 22 proposed, ranging from 3.500 to -1 ,500 square fee t with 3-car garage;
all are for-sale units.
Condo price range/ SI to S-1.5 million.
Villa/townhome price range/ S1 to 2.5 million.
Will air qualitv be affected during construction/ Will use best practices to reduce dust.
How many units are currently sold 'reserved? 30•~-
\\hat are the effects of the pro1ect on City water and se·.,er? Burlt to City standards and
then turned over to the Citv.
\\hat are the dimensions of the ½estern courr,ard •pods'? Appro~irnate 160 x 200 feet
contain 6 townhomes
\\ill L'lere be a pool/ Yes.
Does this affect greens;:ace? The location of g1ee~space changes, but the proportion
"ill not, should actuall\ ha, e more at the courtyard area because of yards.
Are the slide shown du, ,g th,s presentation available on t!ie website1 No.
Dates of public helrings 1 0Jtes depe~d or. submi::al ar.d re\lew process Anticipated:
i\larch 4 • Planning and Zoning Commission
Apr:I : I . C11; Co-.ncil
Architecture
\\ill the ar:hitecture rerain t'ie s~me' Yes. but ""h an atuched courtyard ~rlla
concepL
Is the same architect wcrking on the projee.t/ \es, Dav rd Owen Tryba Arch itects.
Drainage
Any cl:Jng~s tJ proposed drai11a3e/ No, still proposing underground storage syst~m.
Ne drJ,nas: t, tie \\est or rorth all 11ill be directed to L'niversity.
2
E,, etc~e SetbJ :ks J:1d 5~11. PlJne \'. m .~e bu,l.:.rng ;et!lack; <J" t·e ":s; tct.ndJI\ r:mJin t~e ;Jre' \ e; .-.s t:ulidings on the ,,est boundaf\ g0 t n:rther from the ;:)rope~. line. "111 the•. be allo-.,ed to increJse he1g~1' '!es tc max set b~ en,etq:e ~'. ia: 1s t:ie setbacl. ber,,een town~cries and norm pr;)pe!'l\ line? 20 ieet Can :he nor:h IO\\er bu,lci1ng shit »i1h,n ~•e en,efcpe? \ es, that's tile purpose oi the ame~dment -to al1o•., ile~ib1lir1 to place b1,1ldings "ithin the envelope ra ther than fixed rcot;:rints Bu1lcing can gc .!nmhere wit,m t.1e em elq::e as long as 11 adheres to
settacks.
Can an envelope contJm both a tO\\er and townhcmes) Yes .
Can the east line oi the nonh envelope have stepped-up bull.. plane like that on the west
property line/ Continuum will studv that.
Height
Tne north tower Is 14 stori~s -what is the height. 1 ,9 feet.
Does envelope allow notih tower to be 179 feet at the eastern setback line/ Yes.
Concern exp ressed that east townhomes in Amendment 1 were only 2-3 stories tall.
Setbacks, detention requ irements a~d proposed amenities will control and building Is
not expected to be 179 feet at the ~lstern propertv line.
Parking
Visitor parking1 More on-site visito r parking proposed than pre,iously.
How does south tower park/ Reta il parkin g is within the structure. There is potential
for scme parking on the roof oi the parking structure that would be screen from view.
Will parking be underground 1 2 le,els or parking are proposed within the structure.
How was amount of parking figured? It is a blended ratio of a minimum of 4, 1000
square feet or commercial space plus 2 spaces per unit.
Is the•e enough parking for employees; ,,ill employees parking on East Fioyd Place/
Emplcyee par~ing is included In total parking calculations. No one should be parking
cfisite.
Phas:ng
What 1s the phasing1 Retail and infrastructure firs~ t.ien residential. Timing 1s dnven I:~
the market
Is the•e a tires'iold of pmales needed tJ stut tie retail ccnstruction? Ne. nuluple
things determine t,meframes
\',hen "ill retJ I constrLction begin1 Pcs: approval of the amendment request
Retail Space
What ripe of retail 1,ill be tliere1 Ser.ice oriented• resta urant, bank, Merrill-L~nch
ln,estment office, specialty food market.
What is the retail lease ra:e? Varies.
Who Is the restaurant/ Tarbells -from Ph oenix arei -is a,no~nced as a tenant.
Sr.ado\, ',\i/llnr•.~•;.:, l:=in,1J::c•.,' \es ·:i ~ rncreJ1.?ci;ha.::J1 totneeJstin .,inter de::encirg er-lccat:cn ci :c" ='· Trai:ic ln tersec ns S1grais Is ti-ere a sigroal a: H.imr:ce"' ,o si_nalized il.11 tun mter;ection 1s on Lni, ersil\ ~re mte•nal s.ree:s p1,;biic or pri,ate' Pr ·\a te \.\ he ·e '"'II ccnst"tJCUcn lrJ ··,c ;;ark' ~I phases ailow space for construction trainc and park.ng . /loo ~ar~mg oii-s,1e.
\.\ha intersection impro, ements a·e planned? Contin uum -.ill dedicate land for the
addition of a continue us turn la ne en L ni, ers1ty e~tendi ng onto westbound Hampd ~n.
and lengt hen the single leit tur n lane on Lniversit'. to east bound Hampden .
Use Cha nge s
v hat are the proposed use changes 1 Hotel and single-unit res id entia l.
Why is hotel being adde d/ To have the cption to include a sma/1 lu~ury 'boutique hot el
within the condo tower .
Example In Denver1 Rltz -Carfton .
Concern about transients with hotel us e. Option is for high-enc hotel within condo
tower with concierge servi ce ,
Was the hotel use in the onginal PUDI · o.
Why is It proposed / To enhance proiect be nefi t t'ie commun il'y, provi de d~ve lopme nt option .
Mr . Fo ltz wrapped up t'ie presentation b} sa ~m g the r:ublic hearing before Planning and
Zoning Comm iss ion is tentat ively sc heduled for March -l "'. The no tice will appea r in the
Herald and be posted on the prope .
Submitt~~
Tricia Langon , Senio ; Planner ---Y-t..-
C1r1 oi Eng lewood
Communi De\el oome~t Dep.irtmer:t
Pre-Applicatio n NeighhorhC>Od M ettln t: S ubjttt: Ammdmtnt t o Denver Sem inary l'la_,aed Unit Developmrnt 3401 South Univonity Oottlevartl Name Address Oty 1-?u ✓1,., . ),,fkt..1,,:,,;l J4h ,Ji~.ro I ~'!4.._ ., Cl.&.re...-.t'".:.r.,:._._, -' ' 3 'h.r 5. > .J~.2, r C-J-4: f
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January 16, 20011 7.lp Code :~ fc:i // 3 -•I •' / /3
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January 16, 2001l 7.11, Code
Pr~Applleatlon N eic hborhood J\~ting ~...hjecl: Am mdmml to Omver Stm .lnary l'l■nnrd Unit Devtlopmenl 3401 S <H1lh University Boulevard J anuary 16, 2008 r --------------r------------,r------------.---------J \ I Adclren "} 'lJp C ocl~ ----------t------------1
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From : \\'cn/JrJ. (Jr;,n -CPD f(Jr:-n. \\ ,•,izarl h:.: ·mer co.us] ~nr: \\'~dnes,JJ :,. JJnuar;. Jo.~,~!' 3 30 P:-l To: Tnc1 J Lanij .>n ubjec1 : Dem~: ~mmJry PLD :imenJment H1 Tnc,a Tn1s PUC ame rcr-eni aco .is Na y onto y des~ E'<HIBIT D Ti e City and Co~rly or De"•,er Comrur.,t/ Plar.r. gar~ Oe ·,e oomec: Oeoar.meni has no commer.rs on 11'1! appuca110n Than you have a ice day
ca.y,,,1-f . we.v,.._,.-¼ ;1,cp
t;en10r City Planner
Commu nity Planning and D••1 elopm; nt Department
City and C ;unty or Denver
PH : 720 865 29~0
E-mail . Caryn .Wenzara1i)c, dn, • co .us
Let us know how we are doing t Please lake a moment to complete our Customer Service Survey
w,m DenvecGov o,c1cPosurva~
file :/i H:I Gro uuFilc Loq ZO:>.'.ZO)1;2Q0S-0 ! 3465 S Universit y Ct '.CommenlS Denver r ,ic.. 126,W0S
Arapahoe , ... Count y l\1'1,1Mi/,1\ f11,;.t . I
T ncIa Langon. S..rncr Planner
Cit'/ of Englewccd
Commun:ry Developmen: De;:arr.ert
10CO Englewooc Parkway
Englewocc . CO 80110
Re : Kent Place Development (Den ver Seminary Redevelopment)
Dear Ms LJrgc11:
t \MIDII t
Thank you for allowing tt,e Er.g,neenr.g Oe~ar".1111::0 1 the opportunir11c review the Kent Flace
Plarned Unit De,elo~me<;t Engireenm; Staff t-es reviewed these cccurerts anc has the
followmg comments.
Please te aware tna! 111e Ker.I Pla:e OEvs:opm.ir.t case k ,owr as EC6-025 has ~e: to
be fomially approv~d and therefore cons:ructIon permHs shall ne t be grantee for 'NOl'h
within Araoahoe Ccunt,es Rig hI-of-,"/ay
2 Please venfy Ihm a t, Jlfic stucy has been or is ~omg prepdr~d on the amtnc!~d
planred l!rnt development
If you have any queshcns, please feel free to con:act cur r!epar:ment.
S,ncer~1/"?.
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STATE OF COLORADO OEPART\IE' T OF TRA ,SPORT U10, .,. ~.,a-4 ..,.., ; ~. ,, :',.-·• ... -CO dC::: .~o:.:··,ot•: F\,\: ~(1_,.;·• 11,,. J Jam:;uy 31, 200S Cit) of Englewoou Community Oe\'elopment Depmmem
I 000 Engle\\Ood Park \\ ay
Englewood. CO 80110
.-\ rrx Tricia Langon
De:ir Tnc,a,
EX HIBITf
RE: KE:-.T PLACE AT CHERRY HILL S-Amen dment to the PL'D for the :\'WC of SH 2 -~
Hampdto A,.,. g [niversity Bh·d. (Rt f. 007308)
The Color.ido Department ofTransponmion (COOT) hllS re\'ie"cd the development submiuals we received
from your office Janu:1ry 24, 2008 . Thank }'OU for meeting with us on January 31 10 discus.. ;ome of the
concerns we ha"e with the changes proposed m the Pl.'D. The new PL'D proposes an incre11Se of 43°~ to
the retail square foo tage and a 50 uni t reduction 10 the residential density. At this point we are unable to see
ho11 this impacts the 1r.1ffic at the intersection of Hampden and Uruversity or the impacts at the Right in'
Right Out 10 H:irnpden. \\'c cannot comment, on the PUD until we see a rC\ised Traffic Impact Study,
"hich should include the revised trip distribution among the other impacts relative to ~1e ,\ianges proposed
for the site. A new Traffic Impact Study must be resubmitted, :u1 Amendment will not sut11cc · •~~,e
iniegratc the impncts identified and clarified in the last TIS amendment into the ne-, srud::
It is fo reseen that these changes to the PUD will translate to a re1 ised Peak Hour Trame Volume and thus
require new or :irnendcd Access Permns. The Access Permit for the Right In/Right Out access from the site
to Hampden A~cnue hllS been permitted. The Access Permit for Universit; hllS not been issued nnd 1• ill be
required before n 1'01ice To Proceed will be issued.
Ple:ue have the consultlllt or the Developer pro\'ide a letter explaimng "hat has been revised on the PL'D,
what the impacts are , the changes he has made and a brief summary of the impacts of 1he change when you
resubmit for our re,·iew
The Plans submitted by separate package ha,e been rev1c,, ed by design and trJffic . \\'~ will have MJterials
and Right of Way re,ie\\ the plans as well. The Plar.s rrt not accepted and meral re,isions "ill be
expected. \\'c plan to meet" ith the de,·eloper and their :onsuhant to review the comments we ro,·e on the
plans I\ h~n the revie" is complete.
CC R6
Reza Akh•-an.T Gross
A. 0.:-.11> S Hmty
udJ \'o,:r:-C11 ofEn;;l•·•o ,!
Rd• ()l)"JOS
C ~ 5 JnJ the mterse:1100 w1 1h L'1111 crsi ty Bh d are cont,olled-Jccess high" Jys m accordJncc 11°1th the' High\\J~ Access LJ11, c,11,,n ~3-1-1 ,nbl. To obtain pem1ission to ,onst ru ct or moJit'y J 1eh1culJr a ccss, \\here .u h 11ork 1111! be wuhm state h1ghwa; ngh1-of-11·J~. a ;tatc h1gh11J~ .\..:cess P~rnut 1s requ1r:d Cit:, of Englc11 ood 1s the Local Ag~nc~ 3nJ the Issuing Authority II nhm the maJor impacts Aropaboe County has jurisJ1cuon on the for east side of the m1ersecuon of Cmvers1ty and HJmpden .:in the nonh 1Jc The Cn; has re.:iuested that COOT process requem ior access on their behalf A =-:once 10 Proceed for the access pcnn11s 11 tll hmge on the ?Ian accept:ince. Ta.ink you. Tr. ·1a 30d Ladd for meetm,: \\1th us today When our m ·i ew of the pl311s is complete I Mil copy }OU on the comment lener lfth::e is "-1'.1hmg I can be of assisunce to, please do 1101 hesitn te to call onme .
If you have nny questi ns re~ll'lling this kncr, please contact me at 303 -511 -1~68.
Sincerely,
Patn cio Ha yes
Access Man age r
PAH.'dl
CC: R. Aklulv,ua T, Gross
A. Oc vilol S, Hersey
l •dd Vostry -Cny o(Enylowoad
CC R6,
Rcu Akh>VDlliT Grou
A, Devito S Heney
Lodd Vo111y-CnyofEnglc"ood
F11c (SH 2 l 177J
Ref # 00,JOS
Pagdofl
,. cm Of E'<GLE\\'OOD PL,V,,'-I ,'<G A,\D ZONJ ,-.;G COM.\,\I 10 ,'; March 4, 2008 C LL TO ORDER E HIIJJT D The regulc1r • ee:,n • or che Cm P!,mrnng and Zoning Comm is;ron 1,Js called 10 c;,rder ,11 -:0 .:! p.m. re: rhe Cu~ Council Chambers oi the Eng !e1,ood Ci,,c Cenrer Ch,1ir Ro Ii presiding.
Prese nt.
Ab, '1 1.
Srafi :
Bri d, l\rieger, r.:noth . Roth , Bleile , Ca le nder ·;ng. foh
\\'e 1ke r 1E~cused l. i\tvers !E~cused 1
Alan White , Director, Community Develt•ome ·,r
Tricia Langon, Senior Planner
Dan Br otzman, Ctry Attorney
II. APPROVAL OF Ml UTES
Januar 23 , 2008
Mr. Knoth mo 1ed:
i\ tr. Bleile seconded: TO APPROVE THE JA .\J UA RY ~3 , 1008 MIN UTES AS
WRITTE\J .
AYES .
1',/,t'S:
Brick . Knoth , Roth , Krieger, Frs h
one
ABSTAI
ABSE\T:
Bleile . Ca lender, J,.;ing
\ elker
Motion carried
111. PUBLIC H~ RING
Case IIZO '!008-0 1
Den ·. er Semi nar, Plan ·d Unn Oe1elop men 1 Amendmenr 2
Chair ;?01h seated 1he rssue before the Commi ss io n is Case ffZO ,\1008-0 I, O~nver
Se min ary Planned Unr1 De1elopm en 1 Amen dmen t 2. Cha rr Roth asked for a mor ion ro
open the publi.: hea·ing.
i\ Is. Krieger m.i1 ed:
/\Ir . Bleile seconded · THE PUBLIC HEARI/-.JG ON CASE IIZON2008-0 I BE OPENED.
AYES :
NAYS :
ASST I.
ABSE ,\ T
Brick, i,..n oth, Rot h, King, Krieger, Fish, Ble ile, Calende r
None
'o ne
\\ .;Iker
,\I; L,11111.011. 3e111or Pl.i11111:r 11J1ed 1he issue berore 1h1: Commi;sion is C.1,e ~Z{)\.2 0Cll-01 De~'"' s.,m,,..Jr\ PIJiir,,;d Lnu D1:,e.opm.,111 ~mencfmen1 1 \\htCh ,. as a rezoning 1~.at "'" appro,ed 111 200-1 b, Ordinance '<umoer 52, St?rles or 200-1 The applicant is Con11nuum Parine•, L' ,( ,,, LJng, n stat"d she a:re. ,, •uhmmed for the record proo1 01 ihe certri1cJt1on of postings 1h,11 rour ,,g,1; "ere 1-1t1st~d on 1he propertv, 1ha1 the no11,;e ,,as pub:ished ,n the E'lg'e1,ood HerJ. :! on F~bruar\ 21, 1008 and the StJi1 Report and
anachm<!nts. Th,s ,.,a, done 111 accordance '"th Sect,un lo•1.3G 01 the Englt'\\OOcf
Mu nicipal Code.
r-.h. Langon stated the Den,er SeminJ rv Planned Unit De,e!opm,.nt Amel'dment 2 1s
before the Commission because th~ PLO Dis:nct Plan requires tha: ame,.dmcnt, to the
Distric1 Plan or 10 1he Si te Plan mav onl~ be reviewed under the same process as the
original Planned Unit Oe,e!opment. She asked to ma~e s.,,eral comments prior to the
presen1auon. First, there 1s an error on 1he Stari Repori. On page IO the da te oi the
Arapahoe County lener is incorrect on the auachment. On page 4 o( t~e PUD the lower
bulk plane heigh! in En,elope 3 should read 5.n2, no1 5;,2. 801h will be corrected b\ 1he
11me this goes 10 Co uncil.
The original PUD rezoned the site 10 permit the proposed de,elopment o( re!Jil and
re)idenual uses, a mi~ed-u1c .,e\ elopment. The original PUD and .\mendment I remain in
effect unless modified by th,, Amendmen t l. The request to amend 1s only tor 1he spec ific
items that are requested to be amended ~--1· arrJngements \>ith outside groups from
previous amendments or 1he original are still chil issues and no! pan o( 1his Ame ndment 2.
Any requirements from ou1side agencies or jurisdiclions other than the Cily o( Englewood
are not part of this Amendment 2 either The comments subrrntted by the Colorado
Department of Tra nsporta tion (COOT) pertain 10 the prel iminary submittal. They ha,e not
submined final comments based on the updJ!ed 1ra(11c anal1·sis 1ha1 "as provided to 1hem.
The purpo,e of 1his he,1ring is to considt'r th-' Pl ID mod,nc,ltions under Amendment 2, to
1a~e public tesumony, 10 make Findings oi Fact b~,,·d on the estabi1shed criteria that are
found on pages 9 and IO of the Staff Report and 10 m,1ke a recommendation 10 Gty
Council. The recommendation from the Community De,elopmen1 Deparlmen t is ror the
Pl,1nni~g Commission 10 make the folio" ing conditions o( appro, al·
I. ~II approved concl1 1ion, and requ irement, est.blished under 1he Denver Seminary
PUD and Oen,er Seminary PUD • Amendment I shall appl, unless amended b1
Am~ndment !.
2. Amendmen1 2 ackno,dedges the need for nexible cle,elopment options by
est,1blishing 1hree (3) de,elopment en,elope, Technical site plan re,ie\\ of developmenl
'"1h1n sard en.elopes shall be by the De,efopment Revrt'\> Team for compliance \\1th PUD
and C11\ development s1.1ndards.
",lt E1~du,~ ~ ,'1,1 I, !111111 ·d 10 ~,", p •:i,i:•t'd -~ ,i-,.. •r.c L,ehnii.! 111111\:" ur -~ r . · rl· Pl O, T.ml~ 111 -\,.,r,,._.l~ ·,c, .a Hor J :.;e ·rail Je laca:ec! ir. e"•.elope; I and 3 n Hor~I u,e ·I-all no r be a ,ep.1ra1e ~1Jnd-a.0 1'k · •• c. T' e ma\lmum number oi hoie l room, ' J; he : )J, c. Ii herd u,e I appro\ed. 1he roho,,1.. gl•t;,I a~coo1111ut!.111u ·
allo "ance appro\tid In ll•e ongm . .'" '-' 1 ,, Jrntcnded tc,:
·1. Tre number or rt.
',u LOIi> doe nor include
proposed guesr arcommodJ!ions ,,. 0 .1 es.s or r.,,,dcnrs 01 rh
project Such spaces shall noI exceed QOI} S.F. and no more riian 11,0
such spaces per [,"Siclggr1al c;gndgmjn,um IO"C( b111l,li1~5 11 ~ h:n~ shall be pro\lded."
The app licanr i, proposing a sire plan amendmenr ro address de\,elopmenr i;sues resulrlng
i11 changing m<1r ke 1 condilions . They are proposing changing from a building loorpnn r
mer ,ud oi development 10 an envelope concept , The enve lope concept e tablishes rhe
area and the bul~ pla11e 1n which srrucIural de\elopment can occur. 11 does nor mean IhaI
rhe en1oelor,e 1vill be filled completely, only that developmen1 can occur "i1hin Ihe
en\oelope areas . The original PUD and Amendment I designated footprin1s ror each
1n cl,1 1du Jl structure . The applicam is proposing these larger em elopes so there is fle~ibilitv
10 mo,e the location and orienra1ion of rhe buildings , It is also being propos<"d as a IJrg er
eme lo pe so rha r each time the applicant uggests mo\ing a building or Ihe ori,mrarion
changes it does nor rt!quire rhe PUD process as outlined in 1he original PUD . The PUO
process lakes abou1 fi\e months. The applicanr can speak 10 rhe issue of being able 10 h.ive
a more time!~ method to address possible ch.:mges .
Ms . lJngon referenced a dra1\ ing of rhe proposed de1 elopment on rhe project ion screen .
Eme lope I i, located ,n the southeastern porrion of lhe sire and conlams r,\0 secu ons .
Emelope I ,ind Em1,lope 1B . En\elope lo\ "as 1he area on rhe original PUD rrar 1\as
no1ec! as retarl in the ourheas corner In the original PUD rhe maxrn1um he1~h, in 1he
commerc,.1I area \•.as -1:? h! t. L'nd,n Ihe propo-ed mendmer1 2 ir I\0uld bt. ra,st!d ro -l5
ieet . Em elope I B , · 1h~ area 1dentiiied i:i rrP orig111al PUO and in Amen dmenr I as
con1.11nins condomir1i um ro,\er· I and :? and lh e he1gh1 of those building, \\ere I:? I ,ind
150 fe t>I. Those he,ghr; are unchan ged in Amendment 2.
En elupc:? "loca1ed ,11ung the ,e,lern border and contains a~cas iden1111ed in the origin,,!
PUD and in Amendment I as a res1d •n Iia l are.i ior I01,nhomes, r01\house, and rhe inr erna l
ro,1 cl\,.iy. Under AmencJ111en1 2 the envelope has •11 11idened and is noll' a tolJI of 2-10
fe er d ep ,H measu•ed trom lhe western bou ndar, the site.
Envelope 3 is the rema111 ing section along 1he northeas1ern ponion of th e site and conlJins
lhe area ide111ifl d i11 lh e orf 'IMJI PUD and in Amendm enl I for cl \ elopme111 ot
rnnclornini,1111 rm,er 3 ,ind -I w11h mJxrmum he1gh1 ,f 165 and 179 f~el r~ pcc ri~ell',
6ecausi: 01 1he " .. , .. ,,n~ 01 E111 e!ure 2 E:11 ~ll'I-, J i, no" n,mo" er and pushed m,ire lo me .,1,1 Proposed ht'1~h1 ,n 1he en11re en,elope i, I -eel. n,e •e,u!1 "' th,s eme!ope ,,~1em e;iablisnes ,1•~.1, , "hii:h de,elcpmeni ma> occur 11 doe~ no1 111eJn 1he en11re emelope "ill be com.,, !,,1, ffled. 11 merel> outlines 1he areJ "here de, elopmeni mav occur II remo, es 1he 11g,d, locJI requIremen1s or 1he building ioo1pr in1s and remo, es 1he requiremen1 ior iu1ure amendmeni, 11.1r e1er) si1e plan change, wh,ch lakes approxima1elv fi,e momhs.11 pro,ides de,elopmenI oppo,1uni1v. creJ1iviIv and rlexib,lity It allo1-s de, elopmeni 10 adjust mor~ 1:w·· ~Iv 10 chang,ng market condiuon,. The
em,e!opes are similar to other zone districts in ti , Cir.; they iunction in the same basic
standard In thal they 1den1ify II here developmenl .an occur Tiey also are the areas that
are identified wi1hin 1he PUD 1ha1 correspond to the Dis1ne1 Plan and where pawcular
zoning regulaI ions, bu lk plane or he igh I requ11 eme nts mav apply. The PUD's 01 er all
controlling documenl is 1he District Plan and thJI controls and mon itors lhe bu lk plane
he ight, set backs and uses. The envelopes detail~ 1i1e development and S1aff is proposing
tha1 iu1ure re1,e11s 1,ould be under the De,elopment Revie\\ Team, "hlch consis1s oi
se,en Ci1y department; 1ha1 reviev, permi1s.
There are two perm itted uses being added to 1he Tabie oi AIIO\\ed Uses in Amendmenl 2.
Th ey are:
• One-uni1 detached dwelling and two-unit dwelling on 1he residen1ial side.
That provides addi1ional ffexibility for the possibili1y of an individual home
rather than a townhome, rowhome or some type of attached housing,
• Ho1el: Addition of ho·d use allows 1he op1ion for guest accommodations on
Si le.
The foll01,ing amendmen1s ar? proposed for exisring allowed uses:
• Increase in 1he maximum commercial ffoor area (re1ail and office space) from
51,500 10 75 000 square fee,
• The residen1,.,I uni1 coun1 is being proposed 10 be dropped fro m 350 unl1, 10
300 unils.
• Modifica1ion 10 the number ol par~ing spaces associa1ed wi1h the change in
uses.
t-\s. Langon \\anted to be clear that any use thJt is proposed in Amendment 2 1ha1 ,s
allo,, ed in the PUD may locale wi1hin any envelope wi1hin the PUD as long as 1hey meeI
1he Dis1r1c1 s1andard requlremen1s for heigh1, bulk plJne, se 1backs and uses.
In the original PUD and in Amendmeni I 1he western por1,on ol the de,elopmenl was
designatr-:1 for lo" er d0 ns,1y residential use. This area is proposed as Envelope 2. Because
this area was designated a,,d appro, ed for residences with lo"er heigh! and bulk standards,
ho1el use may not be an appropriate use in 1his envelope. Therefore, Communi1y
Develop111en1 Department recomme nds 1ha1 Enve lope 2 be limiIed to allo11ed uses
permmed in Ilie "household living• caregory of 1he PUD's Table of Allowed Uses,
4
5," = ho :~• 1..-~ ,, ~L · ,~c l ,Ced ,n l "t! ~akul.111 ,;11 JI 101.11 ~omme•·d,11 spact 1he'i' wou:d be -5 ( l:0 ;qua•e l~d er cc:mmt>;a.i: space plu; 11".t! hote l.,e ,nJI Stan rs rt!commend,ng 10 be ',\lthrn the t0\\er '1urldrngs. The hotel count, tO\\Jrds tre 11 1al reside"tral uni:s; 11 doe,n 1 coi.n: to,,Jru comn,erc,al spac~. The applicant is propo,ing one hotel room "ill equll one-hJh oi a •esidenu.11 unit. ~t this rauo, there could be up to 600 hotel rooms ii no ior-sale reside,1t.JI unit, ,·.'!re const .;ctt!d. Sonct' th1, could dramaucall, ch,lnl,\e the alreadv appro1 ed PLD the Communi11 De,elopment Departme'1t recommends the i~IIOl\lng;
• Hotel use be iimit;,d to jus t en,elopes 1 and ~
• Hotel use shall not be a separate, stand-alone use
• The maximum number 01 'iotel rooms shall be 15il
• Ii hotel use is appro1ed. the follo11ing guest accommodatron allo"ance
appro,ed m the origina l PUD shall be amended to:
l The number of residential unns does not include proposed
gues t accommodation (or guests of residents of the proiect. Such
spaces shall not e~ceed 900 SJ. and no more than two such spaces
per P~$1dentral coodomiqjµQ) tower 81:;ildi Ag ( 12 ~slal) shall be
pro,ided.
i\ls. Langon reier~nLed the setbJc~s chJrt included in 1he mee1ing packet. Ms. Langon
asked rhe Commiss:oners ii they 11ould like her 10 review rhe char1 ar this time. They did
not.
In rhe original PUD and ,n Amendme nt t , the number of pJrking spaces was specified as
ac1ual number,. Amendment 2 is proposing going totally 10 a ratio. Because the buildings
are nol sel and square footage is not ser other than by ma ~imum, the exact nu mber of
parkin g spaces needed canno l be determined at this time.
The building heights in Amendment 2, unless spe cified, are inclusive and all portions of
buildings and their projections have to be "11hin the bulk planes. Tha t is unchanged from
previous. The maximum building height ar any gi,en point is a funcuon of bulk plane
standards. Bulk plane crea tes "stepped" he igh t increments ""eby the upper ftoors of
buildings are set further from property lin~ 1han the lower frocrs. This reduces a structures
o,erall bulk. allm, s acces, to sunlight "11hrn the de, elopr.ient and reduces shadows on
adjacent properties. Bulk plane ·steps" are sh011n on PUD J and cross sections illustrating
he ight and bulk plane of the proposed envelopes are sho11n on sheet PUD 4 Ms Langon
re,i~" ed the chart mclud~d in th<! Sta ii Report on bulk plane and he ight in elch envelope.
1\\5, Langon stated she "ould il!a,e rhe discussion oi shado"s 10 the apphca'1t
The City Trainc Engineer and COOT ha,e reviewed prelimi,wy report, and a secondary
report h,n been sent to botli groups. Fox Hifsgins Transpo rtation Group prepared an
analvsis and concluded that 'the proposed change in land use resultS in a negl igible ne t
effect on si1 e trafi,c imparn The i1ndm:,, and recommendations of the on 0rnal 1rai1ic are
,:ill I ahd ror thrs r•oject."
\h L.1 ... .! lr. .bl'l.e---: .:· 1:'r: ,:>•1 .j Ul •.• t.? r, .... uu,~ ,~c Curn1: .. ;,-.=,IOI' ..... ..,,,e r:nd,n~ .. oi fJC: h..l~ed 011 the c-11.>•ra . ., ;:al!'-' ll or In,; S1.1:r R~·por; .md 1.,n,r-.e• ··,e •ccom~1endat·on, '-"lh c,1nd1uon, a, prvpo;,,d ti, Commun,1, o~-.~•n,,mem. Th,11 .:onclm!ed \\; L1ngc11 s presen1J11on. Sile oi:ered 10 JllS\\t'r ,1m que,11ons rhe Commis;,011 mrg"I rJ,e. ,\Ir. "-111 ~ J,ked ho" m,1n1 101JI r,;.ido:nliJI unir, there cou!tl be ti J hort:I \\JS in cluded 111
the pro1ett. She staled there could be 115 •e;iden11al units plus 150 horel rooms . \Ir. King
\\Jnled conilrmaaor cur:enl park:ng requ1temer•1s are 1 p.1rking spaces per residenrial unit.
She stared 1:iat ,,a; cor,ect he asked JIX'ul 1he proposed .5 ;pace per hotel room. He
a,ked ii Staii had a ·ecomme.,da11on on that number S0 e said because oi the ~pe of hotel
the applicant is proposing S1ai1 teh the .5 sp,ice ,,ould be adequate and more than likel~
the hotel use ,, ould be more e-ening use which could utiliu 1he dayume retail parking
space. Mr. King asked if the hotel unit, ,,ould be iore,e' des1g~ated a, hotel units or could
they be com err ed 11110 ior•sJle units al some point in ume. Ms. Lan gon Sidled that would
be a question for the app licant.
Mr. Fish asked if the en,elopes were accuratelv repre;enr ~cl on the dra,, in g or do they
ov11rlap. Ms Langon ;;tared 1ha1 they are ~11 ~ctual rep resentation and do not overlap al anv
point.
Mr. Fish asked 1.1s. Langon 10 clariry "hat 1he Oe,elopmen1 Re"ew Team is. She s1ateci it is
mJde up of se,en Cu~ depanment; (Bu1iding, Fire, Utiliues, Was1ewa1er, Engineering.
Trame and Commur.iry De,elopment) It ,s a technical re,ie" group that pro\ldt>s re,ie,,
1or de,elopment \\ithin the City. \\ hen a building f<Y.>tprinl 1s established \\ithin one oi the
emt.>lupP.s 11 would go the De,elopment Re,ie" Team for re\iew oi all the techmcJI da1a
1ha1 \\Ould be required for ,1,., elopment. Ms. L,1ngon no1ed thert! is no re,ised street layout
in the em elJpe s~tem anc . ,e ent~ways ha,e already been set.
Mr. Fish as~ed ii under the em e lope scen,irio tht! applicant could bu ild 10 the maximum as
long as they meet all requirements Ms. Langon sta red 1ha 1 \\JS correLt. In ,1clu itlon 10 ,,hat
has already been discussed the floor areJ comes inro play . ,-.:01 e,ery en,elope could be
built out to the maximu m becau1e there is onl\ i5.000 toral square feet for commercial
The, could not possibl, mee1 th e maxrmum he1gh1 m e,erv emelope and stay under rhe
ma\lmum floor area ,\Ir F1>h .i,~t•rl ii th:rt! ,,a, a mJ\lmum ;qu.ue tuo1Jie ror the
re,ident,al. Sh s:atec on!, u11,1 ,,i;e, ,,h,ch 1; 31)0 (up 10 685.000 total square feel!.
Mr. Blei e as~ed ho•., the ew.1 so•. maea,e 111 the cor1merc,al rloor are.1 ,,,JS e,tabh1'cd.
\Is. Langon stated ii could b~• muh,plt! rloors or i.;ses rn other Lu1:dings.
Ms. Fi,h noted a discrepancy in tr,1f1i~ \Olume in the State of ColorJdo. Department of
Tr,1n,porta11on traffic leue r (Exhibit F) and the 1raft 1c study. /\Is. LJngon said 1he COOT
comments" e re pro '11 in,1ry They h,1,e been pro,ided addluonal inforinJtion and hav~ not
pro,,d ed .:ommen11 oac~. She s,iid tht' applit,inl's tran;portat,on rt>pre-ent,111\e \\Ill spea ~
10 th.11
6
V:-. ~ 1;?•~e .. sJ1d :hJ: :,ince not e·.el"\ 0 e '!JS ac'-~; 10 1r~ Si.ltt R~port. pl~ .. he r~1.1e\, 1he ,e10ac~; ror e, eryone pr~se:11 . \ ls LJngJn prOI 1dcd Ih~ wrrcnt ,~:h,K~, and prop,,,~d se10Jc~s ror Em elopes I ~ ar.<l l \Ir Ke,in Foltz. Conunuum PJrtner,. ''JS s•.,om in He thanked the Commission ior allo"'"S Contrnuum Partners to present ano1her umendmen1 lo the PUD. He ln1roduced
his team and or consultants that 1,ere in Jllimdance:
Da\id Center. 1'18 Consultrng
Jus11ne Willman, Conun<1um Partners
Jerem1 Bieker, T r,,ba Architects
Sieve Tu11le. Fox Higgins Transpor1a11on Group
Scoll Halpin.Tryba Archilects
He slated due 10 1he ,Iuggishness oi the residential market it is necessary to come back to
the Commission \\Ill> ,ligh1 modiiica1ions to 1he PUD. \\hat 1~e don't want to be doing is
doing 1his every un,e somet hing changes e,en eser so slight!\ Continuum, as the
developer, is committed to the srte, 10 the development character of the site and nothing in
that is changing Ihrough this rnodirka ticn to the PUu. He presented a slide show on the
project and changes proposed in Ame ,dment 2. Included were slides showing the original
s11e plan, 1he current site plan af1er Amendment 1. conceptual sile pllln, what is proposed
under Amendment 2 and shado" study.
Mr. Foltz offered to answer an) questio:is the Commission might ha\e,
i\ Ir. Bleile asked about the northeast corner or the property in regards to green space and ir
that area would ever be developed. Mr. Foltz said they ha, e an obl igation to provide
landscaped open space under the e,isting PUO. Under the current concept that is where
the green space would 110. There also would be outdoor space by Ihe pool and by the
cluster; of homes along the \\estem edge or the propenv. Mr. Bleile asked about the
addition of yard space to the residenual area. Mr. Foliz said the previous , ·sign ,,as
some•,,hat more or an urban de;1qn 1har had \ertrcal three-stor1 tm,nhomes. Those are not
as appealing in the marketplace at t'iis time; people are looking for more outdoor space.
i\lr. Bleile asked what percenlage has been sold J\\r. Foltz sJid they ha,e been up and
do"n. but is fairly 1la1. That's ""Y Continuum \\ants 10 do something IhaI is a driver and
can ini1la1e development on site We are focused on gelling ac1i1.i1y started. Mr. Bleile
a,ked \,ha: brought the big push for the hotd to lrght. Mr. Foltz said II is a dri,er than can
hdp genera te development, it's a catalyst that can help in a sluggish residential market to
di,ersiiy a to"er, and its a \ery compa11ble use with the lu,ury residential product \\e are
offering. Therc is definitely nothing saying that is 1,ha1 we are pulling on the site, ii is just
somethrng 1h.1• \\e certainly see as a compa11ble use wuhin the de,elopment.
Mr Brick asked \,hat the communi!y can e,pect to s, e bu11t by Jul~ I , ~009 '"th the
a,,umptI011 you rec~ive appro,al on A111tmdm~n1 2. 1\lr. foltl >Jid th<!Y would imrnediatdy
prCCt't!d on lht! de,e:opmen1 01 E~,eiope l 1,h1ch "ould ,ndudt! 1he retail Jrd b.;ed 011 rc"de,i• ~-,;Jles o,e· ire ne,t 1e., r1on1r; a po1c:mriJ: to1H1' There prooab11 \\Ould e ,or-it! m1·Js1ruct .. r" 1mpr0\ ement anu pos,,bl, ,ome de,e1opm,:m1 01 tho: duster home, alo11g ire "es1 1ide ,, Ir. Foltz acclre,;ed parking ior the ro:>1dent; .,otel and retJi l. H1: s1.11ed all re<i.:len1ial park111g "'" be a1 ~rJde. Dep1md,11g 011 d1:mand parkin ~ ior 1he to\\ers co1,;ld go ,e, eral 1e,e, underground Commercial park,~g is diasonal in fro nt 01 the shops. ,\Ir. Calender as11.ed "her Con11n1,;um 1, ill ~no\\ ior sure "hal th!1 are going 10 build on each em elope, ,\ \r, Foltz said 1he, shriuld know shori ly ane, Ctty Council appro,al. He
stated ll i; a large im es1ment 10 continue 10 design and lease dnd gr iorward 1,ithou: 1he
kno11ledge oi knowing Amendment 11s going to be appro,ed. A to""' is market and pre,
s,1le dm en. !I ts not ;omething \hat ,,e can start construction on \\ithout a clear sign oi a
res,dent,a: rebound,
Ms. Krieger asked where Coniinuum foresees the hotel customers coming from. Mr. Foilz
1aid DU. the hospital; and Cherry Hills Coun1ry Club. The location draws in four directions
i\lr. King asked about financing. Mr. Foltz sa,d fin.-ncing is con1ingent upon manv factors.
presales be,n~ l',1e 01 them, absorption, marker, dynamics and credi 1 rJtes.
Mr Bleile ~sked what kind or hotel partners Con1inuum has tal~ed to. Mr. Foltz said they
ioresee the hotel as unbranded and operated by a professional operator that ties into the
re,ervation systems but would nor be a nation,11 l'ype chain. Room rates would be
e~µected to be in thP $150 a nigh1 range,
Mr. Fish exp ressed his concerns regJrding increased traWc in 1he area. He s1ated he tra,els
1he in1e•section of Hampden and Uni,ersity every morning and e,en at 1his time it is
already congested, ,\\r. Foltz said the .5 parking rauo for the hotel is ac.hievable, especia lly
on a shared parking basis. This is not a stand-alone hotel location. All of the other
commercial loca tions are allocated at 4 per 1,000 square feet. He said they know if pe ople
cannot find parking in the development they will not come back. For the commerc ial to
sur.i,e parking has to be accurate They will be working with parking consultants and 1he
~otel operator to insure the parking count5 are me1.
Ms. Krieger said she ielt raising the townhouses lo 55 feet seemed pretty e~treme. What
was your rationale? ,\Ir. Foltz said it \\JS deri,ed from the old site plan where there "ere
the large three-stol)' t,:i\\nhomes along the interior. He said unol the grading is figu1ed "'II
\\e are capped a1 a ceiling tho1t is no longer b,1>ed exactly ofr r"ie grade but on the USGS
ele,a1ions We did not see an rmpact in shadow study or m height so long ,1s 11 e kept ::1e
s1ep backs consis1en: "i1h 1:·0 original PUD. ·
i\lr Fish noted originall1 the to1,nhomes wer~ prices at 55 00,000 to S 1.5 million. l's:01,
1here are condos from SI to S-1.5 million and tO\\nhomes from 52 to S1.5 million. Has 1hat
whole area been upgraded 10 a higher end? Mr. Foltz sa,d ii is in direct 1.;sponse to buyer
feedback .... larger unii;, outdoor space and 3 car garages.
ThJI conc'.udro Mr. foltL'> prc:,~ntJtion. Chair Roth than~ed h•m for hi; te,timon}',
s
\Ir Src-.en Tu1:lt' or r ,, H,~~in, Tran,por:Juun Grol,., ,.JS ,.•.orn on. H .. ,tJlt!d an, 1 "le there o, a change in land use rm oh ,n~ an acces; pecmH rrom :re ongon,1I propo,,1I CDOT requires there be a res1udv. ThJt ,s "ha1 dro,e rhos recent anal,si,. He pro,,ded a qurc~ o, er\iew o r 1he eiiec1 oi the IJnd use cr.Jnge rrom 1he original Pl.JD The original tramc study as;umed 60,000 square ieet or reta ,I plus 5.000 squJre ieet of oriice. That numbe• ,s no,, i5,000 sq uare ieet oi commerciJI. O irrce use may be up to ~i,000 squore ieet oi th,11 number. As vou get into hig her ofrice ratios "e s~r in to le ss trairic generated, Reta il uses 1s one oi the highest gl!nerators per square ioot, •vhereas ofiice is a much less intense traific
generator. The end result of the change , ersus tn~ numbers in the orig inal traffic studv,
depending upon ,,hat percentage oi of11ce you use, is from an 8°0 decrease in overall daily
irailic to a 4"'o increase wi1h 1he la1est land use plan. Those numbers were sent to COOT
for them to address their concerns "ith respect to access permits. He said they ha~e also
been \\Orkmg with the City to readdress the trafiic queuing and congestion issues in regard
to the Hampden, Uni,ersity inter,ection and the site access inter;ecuon. The findings of
those analysis "ere that those changes ,~ere negligible in t?rms oi storage lengths requi red
for turn la nes and trairk ques. He ofiered t'l ans"er any questions the Commission may
have.
Mr. Fish asked if they, rhe d~,eloper, sti ll anricipate converting the le ft turn lane on
Un ive rsity headi ng south 10 a double tu rn lane or le,1gt heni ng th e existing lane. Mr. Tut1 le
said tha t lane will be lengthened to ma,cimize storage. He said they are st ill 1,orking with
COOT with regards to impro,ement to the sou thbound right tum lane on University. There
also will be a signal at the i.:ent Place access ~oint oft Uni,'!rsity that wrll be coordinated
wuh the signal south on Hampden.
There ,,ere no further questions for Mr. Tuttle. Chair Roth thanked Mr. Tuttle for hrs
testimony.
Mr. Fo lt z asked if there 1,ere any o ther questions for the de-elopment te,,n'. There "ere
none.
Test imony \VJS received from:
MelJnie Nelson: Expres,ed concerns regard ing the shadowing by the K~nt place towers
and the fact some homes, hers includ~d. "'II be in shadow for se,eral hours a day,
e,pecially in \\inter.
lim Nelsnn · Has li,ed in Englewood for 3~ years He e~pres;ed co,
shadowing on Floyd Place and Ao;d A,enue.
regarding
Mr. Brick stated under Amendment I, \\hich has alread) been appre,sed, buildings ha\f
been approved up to 179 feel. In Amendment 2 the height of those buildings remain at
179 feet; the re is no change i11 height. Are ;ou asking us al this poin t to reverse the heigh ts
thJt are stated in the rirst Amendment? Mr, r--ebon said that is correct
Mr. foh asked Mr. Nelson to point out hi~ home on the map of the area. /\I r Nelson did so .
9
Marv Seco r : "-t1endt!d in support 0i her 11<>1glibors 1,ho .ire b.,mg o,ercome 11i1h shadu"'· H.id qu<>;tions in rtiprd, to the de,elopers \\onting tlexibilit, and not ha,ing 10 wa,1 the the months 10 move things around on the diiierent em elopes and fears that ,vith a large de,elopment on the ·ormer Seminary propem that it ma, turn "hat has been a very stable familv oriented neig:.borhood into more oi a rental properr~ area because oi lack oi ~unshme and mcreJ,ed trairic. ,\Ir. Fish asked /\/IS. Secor to point out her home on tne mdp. She did so.
Craig Cahen : Mr. Cahen stated he is an architect and President of Cahen Architectural
Group, His tirm h«s been engaged by the Kent Village Homeowner, Associa tion from day
one of this projec1. He sa,d he is here to speak on their behalf and their behalf alone and
does not represent am other neighborhood associations. He said the project has gone from
a final development plan, in our opinion, to a preliminary development plan, which ,s not
unheard oi. He stated he has met with Mr. Foltz and Conunuum on the matter and he
understands their position. He said he is not here to say Kent Village is in opposition of the
development. They fully believe as a team the project will be a Class A development, It's
on a Class A site. The co ncern they have is in regards to Amendment 2 and certain
condi tions that they "Jnt cleared up and brought to the Comn11ssion's auention.
1. Clarifying the appro,al process on the r'ucument.
2. Language and graphic indication r,d solution to a mutually accepted level
regarding dormer design ,n Envdope 2
3. Coririrmation that bed and breakfast is not inclu '!d in the Household living
Secuon for Envelope 2.
He said as far as Kent Village is concerned there is enough language in the Amendment
that they feel the development can move forward given the above criteria.
Mr. Brick asked M1. Cahen to explain what a dormer is. He did so.
Mr. foh asked M,. Cahen if he could elabor.ite on the bulk plane steps and how they relate
to Ke11t Village. -'\r, Cahen stated that the bulk planes that 1,ere established in the first go
rrund have been maintained, The only difference is the Amendment increases the height
from 46 to 55 feet. Where they have done that is far enough away from the Kent Village
propt-rty line tha t it i; not a concern and they understJnd the rPl Jri; for the change.
Mr. Brick asked ror cl.irification as to 11hat they want re& ~ing •he appro,al process. Mr.
Cahen said his statement is 10 sir.,ply put on record that ,oing I ~fore the Planning a11d
Zoning Commission and City Council ,s being done a11ay 1th. Final appro,al through the
Development Rev,e" Team is acceptable .
Mr, Blei le asked who the dormer language r''swssion is between. Mr. Cahen stated it is
between his compan1 and the developer,
10
Jon.1h Sl~ller· \lr. StJller po1nr~d 01;1 ·1s I,, me on t~e mJp 1or !l'e C m,111,,11 nc:r,. He: ,t<11t>d he 1hi11~s E11g1e\\Oorf1 mt!1hori or ~ro,1ding norice ror puhlil neJr111gs is unusuJI He ,:,lle•I co1Ker:1, regJrdi:ig the e:i • .-r~ • llcrp!. 1he rt'mo,al 01 tl•e to\\nhomc:, on rhe noni1e.1,1 portion or the de,elopm~11 1, the 111c·eJse 111 commerc1JI sp,ice Jnd :rJii,c Kenneth Cnbb : He e,pres:,ed co1Kem regJrding the mix oi residential. hotel and comme•c,,11, tre piJceme~t or L'ie 1o"er liO 1he nonh ,,t.Je and ree ls th1> ,, ,,,, a commi.nitv centered >\mendmen 1.
,\Ir, Calonder asked the rle,eloper to di,cuss the issue of shado"ing rurther.
i\\r, Je•emy Bieker wa; s•.,orn in. He stated the shadow studv is from a computer gt-nerJted
satellite program and is quite accurJte. 1,1r. Calender asked ho" long a shado,, \\ ill impacl
one pe·,on's home. Mr. Fi;h as~ed if the s:udv "as a worst case scenario shado\\ based on
the highe,t bul~ plane point. Mr. Bieker stated that was correct. He re,ie\\ed 1he
shJdowing slides of the po"er poinr presen'Jtion IJken ar three diiierent times of the year
al three diiieren• points dunng the day.
Mr. Foltz stated one oi the reasons En,elo~ ~ 3 ,vas shiired to the east is because of an 80
to 90 foot right-of-way. Thal in addition to the 20 foot serback and another 25 feet oi step
back seemed a logical place to put a pre"ouslr approved build ing envelope. He noled the
JO day review process 1hrcl'gh the Oe,elopment Review Tea m has not changed
throughout any or the PU D's. The dormer clarific~uon is something 1hat hJs been discussed
ard would agree 1hat "e can come 10 a very simple clariiica 1ion. The potential -1°0 increase
in irafiic depe nds on how much of1ice will be built; at th is time" e do nor know how much
or the allowable commercial square foolJge will be commercial ,erscs retail space
Mr. Brick asked Mr. Foltz if Co,itinuum has an\ plans 10 sell the propert\, Mr. Foltz slated
they did not; they are totally comm itted to develop ing th e property.
Mich~el Acts: He expressed concern there 1s nothing concrete to look at. He \\Ould like 10
see whar Continuum has in mind 10 de,elop on 1he s,te.
Mr. Bleile mo,ed.
Mr. Fish seconded: THE PUBLIC HE.\Rl.--:G O--: CASE #ZON~OOB-0 1 BE CLOSED.
A\ ES:
~A\S:
ABSTAII\:
ABSE,T
Brick, 1:no1h, Roth. l\rieger. King, Bleile. Calender, Fish
None
None
Welker
Motion orril!d.
Al this time the Commission 1-:'lk a 1 O minute break.
Lei th<! record sho" the meeting r~comened at 10:00 p.m. ,rnd all Commiss io ner's
pre, lou~lv present "ere present aftt>r the break.
II
\'r 6 t!1'..i mu11id ,\Ir C.1I.,r.d~r ;.,conc1:~ iHE DISCLSSIO'-o, C.-\SE =ZO'-10<'8-0 1 DE'-\ER SE\11'-AR, PL-\'-'-ED L.'-IT DE\ELOPME'-1 A.\IE'-D\IE'-T 1 SE CO'-Tl'-LED TO THE \t.\RCH 18. 2008 \\EETl'-G OF THE PL"'""'G ..,,o zo:-..I:-...c co,1,11ssI0, ..,, ES , -\YS .
ASST-\I'-·
ABSE '-T.
Br,,~ 1'nc 1h. Roth. Kroeger Kirg. Bleile. Calonde•. Fish :-..one
,-.;one
Welker
/I. lotion carried.
I V. PUBLIC FOF UM
There was no one present 10 address the Commission.
V. ELECTION OF OFFICERS
Mr. Brid moved:
/I.ls. Kr;eger seconded: TO ELECT MR. BRIAN BL EILE AS CHAIR AND MR. CHAD
K,\/OTH AS ViC E CHA IR
AYES :
1\-\YS:
ABSTAI~:
ABSE'-T:
Brick, Knoth, Roth, l\rieger, King, Bleile, Calonder, Fish
None
Noni:
Welker
Motion carried.
VI. DIRECTOR 'S CHOI CE
Director\ Vhi1e had notrong for the Commission.
VII . ST -\FF 'S CHO IC E
,\h. langon s1a1ed the ne~t met:ung "ill be •.\arch 18, 2008. It \\Ill be a con1onua1ion of
Case 2O:S.2008-01, ard Publi c Hearon~~ ror Ca~es 1008-01, Pub lication of Public Notices
on the Web and 200i-05, /1.linimum Lot Frontage ti the Public Hearings are completed al
the March 18" meeting, the April 8" meeting "ill be a discussion on the Small Area Plan . Ii
the hearings are con 1,m,ed, the Small Area Plan will be moved 10 the fc,llowing met!tlng. In
the future there will be a discussion vn proposed UDC housekeeping amendment,.
VIII. .ATTORNEY'S CHO ICE
/\Ir . Brotzman had noth ing for the Ccmmis;onn .
11
IX. CO,\I \IISS IO,ER'S CHOICE ,\Ir, Fish welcomed \Ir 1--ing to ire Commission. ,\Ir. Blei le than~ed the Commission ior Ihe nominJIion. ChJir Roth con~rJ tu lJled r\lr Bleile on his appoinIme11I and "elcomed i\\r King.
The meeI1ng adjourned JI 10:10 p.m.
cm OF El\GLE\\000 PL.\1\,\JI\JG .\1'0 ZOMNG CO ,\\,\IISS I ON .\iarch I U, 11108 I. CALL TO ORDER EXHIIIIT E The regulJr meeung 01 Ihe Cit\ P!dnmng .ind Z,mmg Commis,ion "as cJ!led 10 order aI ~-05 p.m. 111 the Cir1, Council Chamber, or 1he Engl,i" oocl Ci, ic CenIer, \ ice Cha,r l\noIh presiding.
Present :
Slaff:
Brrck. Krieger, kno1h RoIh. Calender King. Fish
Bierle (E~cused ). Welker tExcusedl, \hers. AiIernaIe (bcus~JI
1,lan While, D,reclor. Communrly Development
Tricia Langon. Senior Planner
Nancy Reid, Assistant C1Iv Anorney
11. APPROVAL OF MINUTES
March 4. 2008
Mr. Fish moved:
Mr C3Ionder seconded: TO APPRO\ ETHE ,.._\ARCH 4 lf)()8 \ll'\L'TES
Vice Chair KnoIh asked ii there 1,e•e any modiiica11ons o• correo.:uons
Mr. Fish mo1 ed :
Mr Calonder seconded: TO A."IE'-D THE MARCH 4, 2008 MINUTES AS FOLLOWS:
1. On page 2 lhe lasI senIence oi paragraph 2 should read
Er11,elope 3, nol Envelope 2.
AVES:
i'sAYS:
Brick, Knoth, Rorh, Krieger, Fish, Calender, King
None
ABSTAIN ·
ABSENT:
None
Bleile, Welker
,\.\0Iion cJrriecl,
I ll, PUBLIC HEAR ING
ConlrnuaIion of Ca,e #ZO'\2008-01
Denser Seminary Planned Unrr Oe,elopment Amendmenl 1
\ ice Chair Knolh stated 1he issue before the Comrn,ssion ,s the con11 nuaI,on of Case
;:ZON2008-0 l , Denver Seminary Planned Uni\ De1,elopment Amendme111 2.
\',r f,,,-11,.,t 1\ \r Sn( ... ,ci(onc~,! -\\ES , ,ne TO R!:C -\LL C \SE ":o,c1JC8-I oe, \ ER SE\\I\, -\R', PL-\'-'-ED U \.IT DE \ELOP \IE'-T -\,\\E\.O\IE\. Tc \, 'I\ s ABS, -\I\. -\SSE\. T B eile \ \ e1~er
Molton c,1rried.
Mr. Fish mo,ed:
J\ Is. Kriege r seconded: C-\SE #Z 0.'-~008-0 1 DEWER SE ,\11\JARY PL-\"<NED UNIT
DEVELOP.\\£\. T A,\ IE.'-Dc\lE\. T 2 AS PROPOSED BE
RECO\>IME:\.DEO FOR APPRO\ -\L TO CITY COU\.CIL \.\ITH
A F-\VORABLE RECO\l,\IE\.DATIO\. FOR ADOPTIO ,\.
SUBJECT TO CONDITIONS THAT MIGHT BE IMPOSED
BY THE COMMISS ION DURING TH IS HEARING.
Mr. Fish said he war1ted 10 sepa,are our the four conditions StJff suggested in the Srafi
Report. He stdted he did not ha,e any problen,s \\ilh 1he first condi tion. He ieh it 1\JS a
,alid condition.
Mr. Fish mo,ed:
M; Krreger secondt:>d THE FIRST CO~DIT!O, BE ACCEPTED AS WRITTE'-.
AYES :
NAYS:
Knoth, Roth, King, Kneger, Calonder, Brick, Fish
Non e
ABSTAIN: None
ABSE~T: Blei le, Welker
Mot,on earned.
Mr Fi;h stated Condition 2 as pu r io rt h b, S1Jfi. adno\\ledged rhe need for fle~ible
cle,elop•·-,,• rwIons b~ es1abli1ring 1hre11 d,•,elopnienr en,elopes an d tech ni cal site plan
re,iew 1· ·nl \\1thin s:,rd emelupe, sh,111 be by the Development Review TeJm
for co I-' ... PUD and City dt!velop111~11 1 stand,1rd, He as~ed the Commis sion If
they fel1 that \, .•~cep table. Hi , po,irion 1, thJt thar IJkes dn~ furth<!r de\elopmenr and
plans out cf rhe puhlic domain and our of an, re\lf?" process e~cept the decision proce,s
wnh Cn; Council He is uncomforable "Ith th,11.
',\r Brid concurred. Hi: stated "hat he heard from the public wa~ that they wanted
Pl.1nning ~nd Zoning to conunue to be .,,eluded in the proces~. He said he felt it is in the
general "eliare of the public to be able to ha1e 1npu1 as changes occu r. He said he would
lr~e to see the fi~e mon th turn arour:,I time reduced. He askec.l the Cha ir 10 possibly
consider tht' Com nu ssion a time 10 t..,ok ,11 that response 11111e and see II it can be
,.~, r·--:·~--:-1 t--, ... lj , J n•--.-•!H~( r: t' C m•0 1:,)1, ~ J~d: ,~ '-omnu,:!!1: • .,.t: ·.,.1;: ... Ill t,, ,~:o:: .h · ~,1 P'< 1•:.:· •~ Jt:\"", 1,--ed J~d 11 ~ i..i.1r,;1~!' .1111 n\1tl~ th• (1J1rnn1:,,r1.~r !·:,!' 1npu:. \Ir CJ ~nd"'' .i,~ec 11 11•1po,,n~ 11,JI 1,~e ci :i,;1r1c:1on on Jt!,..,1upme .. 1 t,tlprJiz~-1~••1r W1JnOa1 Jb1ii:, lO r~JlntJt'l Jnd )1,M'):J1~' th.u l Pi-J Of dela•, \h h,;i~g'!r ~.11d \e'I, ,\\r F,):" .,greed and prO\l<~ed Jd1 . .11onal .,crding ror Cc11,:1lit;,11 2: In add,11011, Comml11111, De, ~lopr1ent "ill prO\ ide month!, upd,ue~ 10 tile P'anmng a"d Zonrng Comr11,;1on on si-:nu1cJn1 do:cb,ons (i.e proposed buiiding 1001pri111s
~nd ,,ze. prriposed uses, e1c.1. The PIJnr11ng and Zon111g Commission ma, reqt.,rt: a
public heanns process 1or pubhc 111pu1, Planning and Zornng Comrrnss,on
reco,nn1Mda11ons and appro,.11 bv Cit~ Cour .ii oi J Pl.JD Ami,ndmer1t If so
de,ired
ThJt allows the de,eloper 10 go through tne ,l~,1:,upmc-~1 process, mo, e lorwarJ and
change thin gs Jppropri,11elv, bu t ~eeps 1he Plann,ng and Zo, .mg Commiss1, -n In 1he loop.
Mr. K:1oth s1J:ed the (omm11;ion has ,mposed l'orl\ 11gli1 restri<, -. • .. ,e de•.elopm~~t
and doe1 no: !eel 8" .,g them a l,n le lee\\J1 111 .. ,,c-re 1hq .:a,, t,u1.J and where the
foo1p rin1 is, is out of 1he question.
'-Is Krieger ag,eed "''h .\\r Knoth . In general ,n a PUD 1ou hJ,e a bu,:1.h~1. en elope and
you can build o nly ,n a certa in area and ha,e guidt!lines you mus1 foll,w·
Mr. Fish said "e ha-..e an area that "e es;en1i,11ly ha,e 11,ro"n i!\\aY JI! the z oning
requirements tor ~ 1, Krieger di1.igreed. She said the Commi1;ion hJs created nf\1 zoning
requiremen1> for lht! PUD. Mr. Fish said he is not proposin3 the developer come to public
heari ng all 1he time, the additional wo 1,ng gi, es 1he Commi ssion a chance to reYiew the
progress and Ii the Commission sees a problem 10 do something about it. Ms. Krieger said
,he de,eloper is not going 10 ha1e anv progress until they come beiore the building
department '"'h fino1hed plans and that is the ,wong time to be telling somebody that
they've go t 10 go back and spend tens of thousands of dol!Jr; redes ign in g a buil ding
because \lie don't like 11. Mr. foh said c1 eryone 1ha1 comes to th e Community
De,elopment Department to build something mu~t subm11 ,, plan. ,'vi;. J...rieger said the,
submit a plan that fits 1,11h,n the requirement,. \ \'e already ha,e 1!-ie requirements ror this
pro1ect and they should hJ,e the same righi, as e,eryone el;e. Once we h,1\oe g;,en 1he
de,eloper the basic requirement, for the,r zone th ev should ha1e Ifie right to come forward
,d1h something 1ha1 f,11 \\ithir. 1hose requiremt!nH 1hJ1 1,ere ~i,en 10 1hem and hJve a
r,;asonable as,uran.:e that 11 ,s :/ ng to be lppro,ed. Mr. foh Jgreed, but all Puo·s ha,I! 10
go through ~ public process. don'1 they/ 1111. "ne~~r sa id 1h11 b 1he public process. Mr. Fish
sa id aren't we abd,ca:ing tha 1 right/ /\Is . Kne~-, said no, "e are saying as long ,,s 1h,;
de,eloper meet; the reqwremenrs ilreJdy appro,ed lhJI is fine. ,\Ir. Fish sa,d he feels the
requiremen1s are too broad and ther~ , 100 much potential for something 10 go \Hon~. The
original S;le plan has been complete!) changed.
,\Ir. King SJid n3h1 no· ... the de,eloper h.is an Jppro,ec! PUD .ind 1½e) could bui:d 10 l i9
tee!. He ;aid bi is gu~,,in; l'.1r (!.,, .. OP<'' i; C"m111g I" the Commi;;,,,n 10 J,~ ior help d~~
: m,1r',e 1 ch.,"'~~ .. J1,d 11 ' '"'' pr tt •,:-1,;~r! ,, :h u• ... ,...,1 .. tin; pl~1, :,~ca~ .. ~ mJt 1:, rhc rnil\ C~OIC'.' l"•J\ hJJ .. wd II 1,11,>{I ,\,! .,.-1,l,J (:,: >l:i!"g .,uh J prowc: 1~.11 ,, r.1lt bu, I .ind C l~k,..,pt. ,t ,~'.'111> th.u ,~ .. ,:,•·.~OJ~· ,, ,h~ n:,i iur J Int',; ':elp 10 l"lJl..e II ~UC~t'»lu,, H .. cc,esn 1 ,ee trJt "rJt 11•e, Jre J-~,--~ ,, tr..l: 11uc~ ac;iereMt m t,.,,~;.t and bull.. plJ•1e th.m , .. r,u \', .is pre\lOu,., appro, ed. \Ir, fi,h 1J1d t!-Jt ,, not tne 1»ae. The 1s,1.'.' 1; •emo>\lng _:ub:ic pro.:e,; Comrn1ss1c,n re-,,e,-a~d Cound Jppro,J1 r:,Jt, ""JI Cont!,aon 1 dot:'5. \\r J,,.,ng .i,~ec II the·e ·.,ere de11n1tc.• pan, pre"ous:v. \Ir foh ;J1d t"ere "ere pr,>ci,e p;ans ti-at sho"ed "here the bu1ld111g,
,·.ere goi:ig to be. '.11 Kne!!er said 111 -\menJment 1 "e ,oted 10 gi,e the de,eloper an
e !\elope ior the talle,1 building \Ir Fish said 1t \\asn·1 an ,:tl\elope. but a foo1pnn1 He >Jid
u-,e en~elope concept 1s ne" to -\mendment 2. \Is. Krieger noted at the heJring ior
AmendmPnt t the de,eloper StJted the, had no idea "hat that build ing \\Ould looJ.. liJ..e·
they just h,1J an area they could build 1n.
,\tr. Knoth asked ir an1 01 the other Comr1is;ioners had a motion the\ \\Ould like to maJ..e
10 Condition 2. There "ere none.
,\Ir. Fis ' said he believes the ruo process "ithin itself, is a process designed to bJsicallv
loosen up and in some case•, completely eliminate zoning restrictions. Because of that, 1hc
res trictions plac~d on the dtiveloper Ii the Commis;ion gi,e, them leeway. whic~ we ha~e.
"ill then require a rigorous p,o,ess.
,\\r. Fish moved:
:-.1r. Brick seconded
Bm.J... foh
THE SECO"D co.,OITIO~ 6E ACCEPTED WITH THE
FOLLO\\ 1,c CO,'-DITION ADDEO TO WHAT ST -\FF
RFCO,\t., 1E , OS:
I . In addition. Community Oe,elopment "ill pro,ide
monthlv updates to the Planning Jnd Zoning
Commission on significant decisions (i.e. proposed
building footprin ts and size, proposed uses, etc.). T~e
PIJnning and Zoning Commission may require a public
hearing process for p•·"'ic 1npu:. Planning and Zoning
Cornmi>,;1on recomme, ',11ons, and appro,al by City
Council.
A', ES
,-\YS.
ABST-\1,
ACSt, T:
Knoth, Roth, ~,mt kie~~r. Calonder
,one
B,t!ilt!, WelJ..er
Molin,, failed
4
\I. ~ ~1.Zt'' 1110\t:(l , • C... t-or , ... , f;'d t:"t:· j11 -\PPRO\ E co,ol,IL)' ~ E5T -\BL "tEJ Bi j '--,E ((l\1\IL :--.in DE\ ELQP\IE', T DEP-\RT\\E, 7 -\$\\RI"" ,. -\ :5 ,.,_y, il.•1c,11• R, ,,, l\,r-!t, 1\11,.q~•. Calol'der Brick fo~ ASST-\:, -\SSE," 1'one s:e1le \ \ e ~er
,\\ouor c.irried.
Mr. Fish reJd Cond111on 3 recommend~d by Stati. It states That En,elope l shJII be limited
to use; permitted in the "Household Lr\ rng " category oi the PUD s Table or -\llow~d Uses.
H~ st1 5gesred adding the 1,ording .... \\lth the e~cepuon that Visitor Accommodations, Bed
and Breakfast be remo1ed as an allo11ed use. He stated 1n -\mendmeni 1 there "ere r.,o
additional commercial uses permitted ... hotel use and bed and breakfas t use. He said neither
the Kent Village representative nor I 11ant 10 see~ bed and brealfost in En,elope 2.
Ms. Re,d stated, from her recollecuon. that "Household L11 ing" does not include bed and
breakfast. I t is already e,clucled. She in formed the Commis;ion that even though the
hearing 1s closed. thev could ask Stair tor dariticauon. \Ir Calonder asked Staii to pro, ide
clarification.
"h L 1gon appro,1ched the podium. She stated on the first l)Jge oi the PUD under t~e
fable or Allo11ed Uses there are , anous categories. Under "Residential Uses the second
catego rv is "Household Uvi11g". There are seven uses lbted an d iour of ·hose uses are
permured. About t11o•thirds oi the \\J\· down the second column under ·com,"lercial Uses·
is 1'-e "Visi tor Accommodatiori;' c11egol). \.isi1or Accommoda11ons includ ?5 bed and
bre.Mast and hotel. -\s wri11en, the uses in Envelope 2 shall be limited 10 u,es pc,ml11ed in
thf "Housthold U,ing·• category of the Table of Allo"ed Uses. Bed and l,reak'asl anJ hotel
is r.ot lis:ed under "Household Li\inf". As 11ri11en 1here would be no corm,crw! ;;,., "11hi11
Envelope 2.
Mr. Calonder m, \ed
Ms. Krieger sec,,.ded: TO APPROVE CONDITIO., 3 AS \\ RITTEN
AYES.
I\A'rS.
ABST-\11--
ABSE,T
t..nolh, Roth. t..11111. Krieger. Calonder, Brick , Fish
Nont'
None
Ble1,e \ \ 1:lker
Motion Cdrried.
I-tr. Fish read Stati's recomm,,ndat,on for Condiuon • He suggested accepting the
concitron dS \\rillen \\ith the exception of remO\lng hotel usE 'rorn (nvelope 3
\ Ir F ,!, ·•:m "!! · , ,, s,", ,e,..,nc!, d T<) ~PP!.O\E co,:::inn, ~ \\ffl-i TiiE FL1LLU\',!'-C co,omo, \Ir F,,i, ;.ud to l'l' r.., 'h ;,de r-: ;' e c!e,eh;pm,mr s a rcsrdem,J zone .ird h! .,~uld lik<! t,1 ;ee. at a m,mmum m~l11-..mI tu,~• .ng :he'e and nor comme'cral use ..... ,c. one 01 tlie ba,i,
,or rhe pJrking rec;urremerir, \\J> l~Jt rhere \\JS to be shared par~'"!! '"'h Ihe ilotel and 1he
reI,11I ,pJCP He said re cfresn·r see "here there is retail space m Eme lopt> 3 10 be sh.ired
;;•·! ieel; comme,cial use Is s1mpl, not appropnare thrre because 11 ,s close to rhe R-1 . .._
r ,.denual zone. It po1en1,.ill, ere.ires pJ,kmg issues ""h the current PUD sIaIemenI that
11 .. are required to ha, e onl, .5 pJrkmg spaces per ho1el room.
Mr. King SJid ti is In the best interest 01 the de,eloper 10 stud\ 1he park ing ,ery carefully
since there is no ou ts,de parking. If rhe·f don't ha1 e enoug h parking it w,11 be a de,1I killer
ior a 101 of things.
,\.Ir. Rorh sJid 1,he11 the Commission originallv Jppro,ed the de,elopment the building
height; and posItIons "ere set, now they Ne not. One of the poss ibili ties ne heard
menI1oned ,,as that \\e cou ld end up 11iIh the t0\\f in Enve lope 3 and nor in ~n,elope l.
which would be Ihe "orst case scenJrio for the reside,1 ts. He "ould like to see a stipulJtion
on heig!,t In Emelope 3 He su~eesred ddding hotel use back into En,elope 3 He
suggesIed rhe buil:ling in Emelope 3 be no higher than ~q feet abo,e Ihe de,ation ol the
highe;I wucrure I,, Em elope 18 .. \Ir. Fish agreed bur felt that issue should b~ a separate
cond,uon .
. \Ir Fish repealed his 110110. t for Ihe Commission.
Mr l\noI• cailed ror a , ote.
AYES:
/'o:AYS
ABST ... l:S.
ABSE,T
Roth, Ki~g. 1-rieger. Calender, Brick, Fish
KnoIh
!-:one
Bleile, \\ elke'
Molton c.irried.
t,.lr Fish nio,ed:
t,.lr f;in~ secondt.d TH.._T THE EWF1.OPE 3 BULK PL,.NE BE MODIFIED TO ._
/1,HXIMUM HEIGHT OF 150 FEET A:S:0 TO 21 FEET ABOVE
GRADE TO 60 FEET !N FROM TH E NORTH Ei\\ ELOPE EDGE
A'D 2'i FEET FROM THE EAST EDGE .
i\lt foh said If you louk at the bu lk plJne on page ~ of rhe PUD. basically on the norihern
ecl~e ,n 3-ftet from I"<' 1eIback ~ou c.an LOnstrucl a building up lo 21 feet You Lari rhen
i,:o 111 ~11c ther 50 Ieet and lip I Q I i9 foet On the ea,i edge the currenI plan sh,ms the
6
,.,11· ·" k ·rnr" I J Jn(: ~ I r~~t ,ll'cl • '<!'1 '.0U on ~ uo ~ I i.,,,r bJ,\ : i rr~; J11d uo r,;i I -q tt:~.:~ He: ,~~\ ·-tt Co, ..... .:,,,~,,on ~-:.-1 ft)\\ rn.. J trerc:ndo~:i mc~~Jje 111 Ct~n;,1t\ Jrid c, r\me• ~·,,li,Jtrr -in th1 are.1 Jr,. "~ "rl?d 10 re,pec: th,, ndghbcrhood .1> muLh J, possible He s.1 ,d ,e ,foe, ,iot \\Jilt :o ,:l)p c'e,e1oprnent and belie,es 1h11 projPct is a ~r~.11 a,,.,: to E:i,;lt!" ocd. out ,;,e1s the C,r. •1e· .s to bt! se,111:,·. e t , ire nonher,i ne,g.,oor!iood that ~.s oeen impacted at a his~ le·. e'. \Ir Bnc, su~gest::,d addi~g a ,o~cmo~ th.it ,:Jtt!s am bl,1ldinfs o, ~~ 130 tee: mu~t be locat1:d in the sou:h-,• 1 one-third 01 ,ne properr.
,\Ir. Fish said ,ou cou:i:1 then raise the I-eight 111 En~e1ope I. but th,11 \\Ould be a separate
condition. He "ould like to sec high buildings not be allO\,ed n~xt 10 the northern
propert) Mr King s,1icl 1i the de,elope• put all the reside1111.1 I space ~llo"ed in En,elope 3,
in that 66.000 sq~are 1001 en.1.:lope sp.ice limitations \\Outcl limit the building to 10 storie,
tall. "Ir. Fish said m addiuon to 1::e bull, plane the de, eloper can e~tend bakonres out
another eight reet to tne north be, ond the bulk plane. Mr. King Jsked Mr. Frsh ii hf wJs
trying to eliminate the shade\, ir,g from the balconies. He stated he w,s. Ms. Krieger s,1i<l
those balconies "ould not e~te,10 tre ;I-ado" Mr. Fish disagreed.
/I.Ir F,sh agJi n read his motion.
Fi;h -\YES .
NAYS:
ABST .;,l,'s:
Knot'1, Roth, 1-:ing, Krieger Calender
Bric',
ABSE,T: Bleile. \\ tl~e•
Motion failed.
/1.\r. Brick moH·d:
THAT ALL BUILDl,GS ABOVE 130 FEIT BE 1, THE
SOUTHER,°'\ o,E-THIRD OF 1 HE PROPERTY
Ms 11.:ieger StJtec the Comni1s;ion cannot do that. The height , estrictions are already in
place and the onl, place \OU can ra,e a bi;1ld111g higher than 150 1eet is in Em,elope 3
"here the height restr1c11on is I i9 feet .
. \\otro'l 01ed ior ac, oi seco::d
/I.Ir Fish moved.
THE DORMER SPECIF1CATIO's IS ts:EGOTIATD IN com>
FAI rH \,\ 1TH KE, T VILLAGE H0M[OWNERS ASSOC IATION
/I.ls Reid statc:d t;.Jt the Cu; canroot eniorce private negotiations. She sugge,ted the
Commission r~quire tr!:! de, eloper and Kent I, illage Homeowners Association to ltav~
good r.iith neg otia11 n• and nothing more
\1r fi ... 1 ,\tlhut.,.. .. , ·,,.., r :, 'ltt 1 ~·lt•d ,11.11 uh...,. ••4 1?•~ ,n ,., •• r ... 11<1 1 ··11 ,,,.,. r.,,,nn1•~~1, 1 ·"'u d 1o,·· th p,11 :. •, • •1 ·i':)II,.I • ,n i ..it.,d iJ1th 10 :r·. :u re,111,t> :rt' drnmer ,p ...... 111L,11111 n, \ Ir F1>h r10, t! 1• \ Ir 6nd ,t'C()j de-!: Tl-I\-FOR HOTEL P-\Ri.l\.G THERE BE <\T LE<\ST THREE 3 P.._Rl\l '-L SP<\CE5 PE Fl\ E 5 ROQ\\ R-\THE . TH<\\. Tl-lE . ; PER RQQ,1 ... URE , m REQL ESTED ,\h, 'l g.:r S,lld h.: ~11t!\•! 1'1e curren1 p.1r' ir1' 1, ,umcu~:n a is ,\Ir mg J•i.1m 1101,id 1h,11
ht! 1e.:Is 11 Is a cl JI ~ill er 1or 1h pro1ec 1 10 nl I be sure there is sun1cien1 par ' 111g on sue
;ince 1her.: i no other plJ.:e 10 par~. 11 ism rne be,t Intere,1 oi the de,eloper 10 pro,11 .e
.imp!.: pa rking regardle,s oi 1·.ha1 the Cit · code m.;y be. Ms . Krieger said she reels II the
de,elo per needs 10 adj1»I the oarking as the project proceeds . 1he~ will do so.
A ES :
/\,-\ YS .
ABST-\IN :
ABSE"iT ,
,, 10Iion foiled.
Fish
Kno1h, Ro1h, 1\111 , Kneger, Calender, Br ic k
\Jone
Bleile , Welker
, \1. Knoth as~ed if anyon cbt had a comment .
Mr. l\mg soid he Is a l11tle concerned with the dormers on 1he west proper!~ line. Mr Fish
stated lnere are specific:atoons regarding the dorme1 ; Mr. King sJid he 1·.ould like 10 hmu
the dormers lo a certain squaM iOO IJge.
M,. l\rieger said ror 1he record she "ould like 10 see Cil) Council lool at the dormer issue
and see \\hat kind ol progres; ha, been made and tJke that into accoun111hen they are
holding 1heir reJnng. Hopeidl by 11 at lime Kent 1llage and 1he de~eloper will ha,e
come 10 an agreemen1
,\Ir. Ro1h mo,ed :
Mr. foh seconded · THE BUILOJ:--G HEIGHT 1:--. E\.\ ELOPE 3 SHALL BE r-.O
MORE THA ., 19 FEET .<\BO "E THE TALLE T BUILOl:S:G I:\
H,\'ELOPE t B
,'-I r Roth ,,11d the current m,1 imum height; for 1,Jch em elope 11ould remain Mr foh
s1.11ed 1f En~elope 3 1s ouill fir ,I 1h,1t 1hen requires Ihe de, eloper 10 build a higher building
in Em elope 18. /\I r, R-1 th s1,1ted that Is correct. Mr. Ro1h said Ihe de~e lop er would be
required to hu ,l d in E·11 elnpl! 18 1Irs1. Mr. Fish said 1ha1 is not pJTt of the condi11on . Ms
Kneg r slaied It is by d1>i,1uh . ,\\5. l\1ieger said wha t 11\r, Roth proposes is if yo u didn't h.11e
a building in I B you roulcl no· tell how high you could build in Em,elope 3. Mr. Fish ,aid ii
mJ\' cre,111: confllc1ing i su '> with other it ems on the PUO such as ma~Imum size and
numb r of unit>. Ill . Kr, '!!l'' ,lid she agreed and It could m.1le things extremely diilicuh.
11\r l\noth aske ,I Mr . Roth t,, pli-,1,P rt.!,tale hi nint11111 He did so.
\Ir Roth SJ1d he ,., im~:! to mJ~e sur~ the Commis,ron does not includt! artrrrL1JI to\\ er; ,n 16 in order to build J h13her ,cn:cture in lm dope 3. '-I>. Reid aski:d \I, Langon 11 there is J cl,1rirkJ11cn or de11nitron for u<eiul ,trJcture ,er;us decorJtl\e \Is. LJngon seated chere are dei,"1lions \\llrun the PliD ,1seh 10: the he,ght 01 the building ~nd "hat can gc; abo,e She s,110 she belie,es 11 is wrinen in the PUD that e,erything h.is to
be w1th1n the set height oi che e,., elope. Ms. Roch said he understands that. but ,,ants to
prevent the developer crom construcung a three story structure wnh an 80 foot to"er so
they can bui ld a 1 4 story b!.lilding rn Enselope 3. In order to do that Ms. Langon said you
would need to define I0\\er and evel)thing else 11 ·hin the PUD.
Ms. Reid asked the Co mmission 1r they would like to take a break in order 10 look at the
Ordinance. Before doing that Mr. Fish asked ii there was a conse nsus on the Commission
to approve. Mr. Knoth calle d for a vote and said if approved the Commission will take a
brea k ,o all ow Staff 10 h,we time 10 look at th e word in g.
AYES:
NAYS:
ABSTAIN:
ABSENT.
Motion failed.
Bri ck, Roth
Knot h, Ki ng, Krieger, Calonde r, Fish
r--one
Bleile, Welker
Mr. Roth asked the Commission ii anyone had an alternative solution or is lhe Commission
going 10 let ii go as is.
o\lr . Brick said whal he heard is that the Commission "ould like 10 see the development go
in that direction, but does not "ant to legislate it that \\av. For lhe record he would ask 1hat
City Council look al this issue.
Mr. Knoth asked if the Commission ti.id anything further.
,'Ills. Krieger wan1ed 10 ,·omlT'ent on how much she apprecialed Mr. Fish's though1fulness
and discussion during 1011,ght's hearing.
Mr Fish ll'()ved:
M,. Krie~er seconc' 'd: CASE #ZON2008-0 1, DENVER SEMl/\:ARY PLANNED UN IT
DEVELOPM ENT AMEND~IENT 2 AS PROPOSED, BE
RECOMMENDED FOR APP ROVAL TO CITY COUNCIL WITH
A FAVOR/\BL E RE COMMEN DATION FOR ADOPTION ,
SUBJECT TO THE FOLLOWING APPROVED
COND ITION S:
9
AYES :
N"-\S:
A6STAJ /,,';
._BSEl\:T:
.,:1 ,1ppro,ed condi11ons J11d reqt11remen t, l.',,.1blished vl1d,:r 11-e De1\ er Sem,nJf\ Pl' D Jnd Dem er 5em,n.ir\ PL'D • -\me1c!men1 l ,hall Jppl, unle» Jm<',1ded 01 -\m1:11d111t?n1 2 ' Amendment 2 a,kno" ledge; the need f, ,,.,,ible d<',e1opmen1 op11ons b, establishing three 13 dt vµm~:11 <'!11e,opes. Techn,ca site plan re1ie\\ oi de,elopmeot wil~rn said en1elopes shall be bv 1he De,elopm en1 Rev,e" Team re11e" ior compliance \\llh PUD and City de1e!opment
standJrd,.
3 Em,elope 1 shall be limi1ed to uses perm111ed in the
"household I,, ing • category oi 1he PUD' s Table oi Allowed
l..:s ,;
4 Hotel Use shall be limi te d as follows:
a. Hotel use shall be loca ted wit hin Envelope l
only.
b. Ho1el use sh JII no t be a sepa rate, s1and-alone
use.
c. The maximum number of hotel rooms shall be
150.
d. Ii ho tel use is approved, the following gu est
accommodation allowance approved in 1he
orig inal PUD shall be amended 10:
"3. The number of residential units does
no1 include proposed gues t
accommodation for guests of residents ol
the project. Such spaces shall no1 exceed
900 S.F. and no r,1ore than 1wo such
spaces per residenlia l condominium
~ lltrildiAg (12 1e1all shall be
pro\'ided."
l,.no1h, Ro1h, !..in;. 1,.rieger, Ca londer
Brick. Fish
1':one
Bleile, Welker
I\ 10110n carried.
,',,\r. Brick voted no because he does no t like see ing the projec t going ou t of lhe process of
Plann ing and Zo ning re\ie,,ing changes . He is in favo r o f th e project and believes it is
go ing to be ex1:ellent for Englewood, but feels all changes need to be brough t before 1he
Commi;sio,1, H e feels 1he fi,e mori1h review time is excessive and needs 10 be looked at.
10
He r.t?lie .. ~, 11 1s -.01 in t' t! ge'leral \\e1are or t~e commu1111, t'l not h,1,~ Pl.i11ni~~ ,md Zllnong included ir the rt1,1e1, proce~s. \ Ir. Roth stated ,-\mt!ndment 2 is in coniorm,1nce \\Ith the D1stnc; Plan requirement, and does not aher the Compreh,ms" e Plan ror Housing. Cultur J : -\rts .ind Business and Empiovment ·dentified on the orig inal PUD. All the appropriate documents concerning Amendment 2 to thi s point ha,e been rece,,ed. As the proiect proceeds all future documents and dra" ings II ill be re, ie11 ed for the Cit, 's de, e'opment standards b, the De-.elopMent Re,if!\, Team. ,-'.mendment 2 District Plan remains consistent ,,ith the
accepted de,elopment standards established by the City or Englewood. Amendment ~
conforms to all other Ordinances and laws and requirements of the City.
I V. PU BLI C HEARING
Case # 2008-02
Public Notice Amendments to Tule 16
Vice Chair Knoth stated the issue before the Commi s;ion is Case #2008-02, Public l\ohce
Amendments to Title 16.
Mr. Fish moved:
Ms. Krieger seconded: THE PUBLIC HEARING 0~ CASE ~ZON2006-0~ BE OPENED.
AYES:
NAYS:
ABSTAIN:
ASSE '-T:
Brick. Knoth, Roth. King, Krieger, Fish, Calonder
None
None
Bleile. Welker
Motion carried.
Ms. Tricia Langon, Senior Planner was sworn in. She stated for your consideration is CASE
#2008-02. Amendments to the Unii1ed Development Code of the Englewood Municipal
Code allowing the publication of public notices on the Ciry of Englewood website In
addition to publication In the newspaper designated as the official newspaper of the City.
Already submitted ior the record is proof of publication that the notice of the hearing \\ as
publis:1ed 1n the Englewood Herald on February 29, 2008 and also the Staff Report.
Communitv De,elopmen1 requests the Commission re,iew, take public testimony and
forward to City Council a recommendation for appro,al of the proposed amendment s to
Tit le lo.
The purpose of a Public Notice is to disseminate Information of public concern 10 the
greatest number of citizens possible. City Co1Jncil discussed this issue at a Study Session in
early FebruJry at the request of the City Clerk. The City Clerk asked Council to consider
publication of legal notices by either posting on the City's website or by publication in the
oir,cial newspaper. At this time the ofiicial new spaper of the City as designated by Council
is the fnglt!\\oood HerJld. The reason for the request is tha• citizens art requesting and
II
rece i1111q iniorma11on 11 >Ill 11,~ Cit ·, th ro u~h the \l orld Wic!e Web. "t this point there ure 01111 Jppro~Im •. 1el1 550 p.11d ,ub,.:nbers 10 the :1~/,:1100<.. HerJ1',, 1111he Gt'. 01 Eng t'1,ood ,,.,_ Langon subm,tied cop11?s or a~ e~ample Js :o ,1m 1he Cm Cler~ i, 1n1c•es1ed ,n p!Jc1ng the Publk ;,..oltu'> .,., rhe \\e11 ,n adcinon 10 publkauon in the ne-,spaper She rererenced a cop1 oi a recent pu ;li.:.1M11 that 1,a; sent to the newspaper or record ,nd \\hat \\JS ~en t ba~k to the Commu 111', De,eloµmen t Departmen t ror proorlng. Ye u w II notice J m,11or error in the proof wp, which would ha,e caused a month's delay in tJ-e Publi c He.m11g had it not been corrt~ted b, Stari. The Recording Secretar, handed th,• exhibits to the
Commissioners for re, ie--,
M,. Langon stated legJI not,:es are required for any public hearings before the Cuy Council
or an y City Board or Commi>,ion. The reques t to allow notices on the web affects Titles 1,
4, 5, 7, 8, I I 12 and 1 S as 1,ell d> foie : ~: Unified Development Code. The Commission's
role in this process tonigh: is consider.11ion of amendments to Title 16 only. In Title 16 all
development re,iew procedures requiring a public hearing are listed in Table 16-2.:?.1
Summary of Development Review and De-:ision-Making Procedures. She noted a copy of
Table 16·2·2 . 1 was included with the Staff Report in the meeting packet.
According 10 16-2-6: Amendments to 1he Text of Title 16 of the Unified Development Code
any amendment 10 Tille 16 must first be considered al a public hearing before the Plan ,1 ing
and Zoning Commission before going 10 City Council. Therefore, \,hen the City C!e:k rakes
amendments to the ,arious Titles 1ha1 contain information relative to public ~eanng,,
including TIiie 16, you mull first act on ntle 16 so that 1he City Clerk can take those
amendments along with the 01he1 s.
The proposed amendments are as follows:
16-2-3 Development Application Procedures
G. t..otice Reqwrements
1. Published Notice: i'-:otice shall be by 0I1e publ,~ ,. m ~
cuy of Engja\OOd )) ebsile or in the ofuci.1I ne\\ ~p.1pcr 01 the
City at least ten ( 1 01 days before an~ hearing before the
Council, the Commission, or the Board. The City shall be
responsible ior all required published notices, and ior prod ding
e, iclence oi timely published notice at the trme of the hearing
or conside ra tion.
1 b• l l-2 Oelinmon or \\'ords. Terms. and Phrases
Pubhc Notrce, The ildvert,semenl of a public hearing in a paper of
general cir culauo n in the area, or the Citv g( Enslewood web%ite:-At
the posting of 1he property, or the mailing of wr i1 1e11 notice, i11dicati11g
the um e, pl,1ce and nature of a public hearing.
12
\I, L.wgon ;,1id u,irq ,~.,. "t'b " r.t!ce»J" Ill pro\lce inior"1J11011 01 public: ,nIt!rc,I, ha, 11·~ p,1t, .. 111JI 10 re.,~, r.ir mort! cu,um, and 1he C1h has mar~ concrol 01e1 pubt,~.11111P oi noIice, It does noI ~ ,m,nate lf~e notK,e, placed 111 the paper buI ,s ,n adomon to ,ind tht> ame"dments ,n Tit:<! Iba,,. &"nera1ed 10 pr?11de cor,,s,encv ,\Ith Ihe 0Iher TiIb \Ir. K,ioth ,i,;..ed II the "ordins sa,s ii '"II be euher on the "ebsite or ,n 1he pap,u \h. Langon stated it I\Ould be ,n both a1 Ih1s lime, but could be either or. II Ihere is an error m
euher location the Cit. ",11 go '"'h Ihe one that ,s cor·ect.
,\Is. t-rieger as~ed for claniication regarding TJble I6-}-}. I. Clarn,cauon "as pro1,ided by
Ms. Langon and /I.ls. Reid. Mr, King asked if the intenlion "as to place the notice, in both
media and ii Ihere was a disc repancy the City would go "ith the correct one. Ms. Langon
s1a1ed 1haI ,, as correcI.
Mr. Fish asked if Ihere are any rules for how and wh ere th e noIices will be placed on the
web or is tha t a prPmature discussio n. Ms. Langon sta te d IhaI is premaIure aI Ihis poin t. Al
this tim e Ihe on ly issue before the Co mmiss ion is Ihe cha nges fo r consistency pu rposes
within Title 16.
Ms. Kriege r said she be lieves i t is a good idea and in the pub lic's bes t interest to see It on
the web. Mr. Fish agreed.
Mr. Knoth a,ked ii there ,1Js any public comment. There was none.
Ms. Krieger moved:
Mr Calender seconded: THE PUBLIC HE.\Rfl ,G ON CASE 1;zo;-.;2ooa-02 s.: CLOSED.
AHS:
NAYS:
Brick, Knoth, Roth, King. Krieger, foh, Cafonc'er
None
ABSTAt,,
ABSE.'IT:
None
Bleile,\,\ el~er
r,.1.,uon carrit!d.
Mr. Fish mo,ed:
Ms Krieger seconded : CASE 11zo--.:2ooe-01 PUBLIC ,once AME,\10,\\E:--:T TO
TITLE I b UNIFIED DEVELOPMENT CODE BE
RECOMME,DED AS WRITT EN FOR APPROVAL TO CITY
COUNCIL WITH A FAVORAB LE RECOM\IENDATION FOR
ADOPTION .
Ms. Krieger said she bel ieves the amendme nt is in the pu blic's best in teres l to reach as
,, ide an aud ience as po1s ible and In an'y way th e City can. She said she feels as everyone
gels more and more di!!itized it's ,ery important 10 be on th e web and it is in Ihe City's
Comprehensi,P Plan as "ell Iha t we get as "ide and as well educa ted a public as we can.
13
,\'• Fish sJ1d he Jgrt!~d \\Ith \I, ,:1ege• 11'0", Jr.d \\Ould e~courJge Sia:r to u,e .,'1,lle\t!t ,eh1cb "~ ha,e such Js the Cit, ne·."lener to pub;i;h notices. ,\Ir Knoth callee ior a , ote. AHS /\ -\YS, ABST-\1:,.,;•
ABSE,r,
Brick, l\notr:. R.,.th, l..ing. l\neger, fon, Calender ,,one !'.one
Bleile, ,Velker
Motion carried.
V. PUBLIC HEARING
Case #WOi-05
Amendmenrs ro Tirle 16: L'nitled De,elopmeni Code, ,\\inimum Loi Width
Vice Chc1lr Knoth stated the Issue before th e Commiss ion is Case #2007-05, Amendment s
to Title 16: Unified Development Code, Min imum Lot Width.
/I.ls. Krieger mo,ed:
Mr. Calonder seconded: TH E PUBLIC HEARING ON CASE #2007-05 BE OPE:S:ED.
AHS:
NAYS:
ABSTAIN:
ABSENT:
Brick, Knoth, Roth, King, Krieger, Fish, Calonder
None
None
Bleile, Welker
Motion carried.
Mr King read a disclosure s1a1eme'lt.
•1 c1m a homebuilder in the City of Englewood. I made some statements and oir~red my
opinion regarding the proposed UDC change IO the frontage requirements ior multi-unit
d1, ellings during the Planning and Zonirg Commission Study Ses;ion under the public forum
before becoming a member oi the Plarning and Zoning Commission. I ofiered m> opinion
from a builder's perspecti1e 11 1tl1 the intent of providing insight ori what a builder ,,ould be
looking for should tMs change in the iront,Jge requirement be passed ,ind my opinion on
modiiying the bulk plane with respect to multi-unit dwellings. I do not own any property in
the R-2 zone other th.in my personal residence, have no immedi,1te plJns to purchase
property for multi-un,1 development and at this cime I am only building sing/e-fJmily
res idences. I believe J can be iully object.\ e in any decisions that I make regarding this issul' •
Ms. Krieger moved:
Mr. Calonder seconded: THE PUBLIC HEAR ING ON CASE #2007-05 SE CONTINUED
AT THE APRIL 8, 2008 MEETING OF THE PLANNING AND
ZONl'-lG COM,\IISSIO.-.;
•. •r S ,'., ,J:o.! "t! .!ppre.:,lle, ch~ uul· "· 1:·at um., :c~ ~:-i1 J~.c hope: th.,·. ,ho., 1..;; on \pnl < '.Ir F•,,' ;J1d r~ ,.,,,1, lrt? r,-J1,.,.,1l 1J be ~o,e,ec , ,Ji•, comple~ Jnd perhJp~ n .. ~, r.1cre 't'\lc\\ \tr Caiond~• e~pre»t>d conc,,•n rhe puci1( '.\Iii no1 come bad J ,econd :rme. \Ir. fo~ SJggesre~ S1a:1 prxeed '"iii trerr prc>;e~tauon and :re puolic test,mom and 1~en conunue from tha: puin1 <'•r. a1 rne .\p· s· mee:,ng. \tr CJlonder a~reed. \Ir Roth <.lid rt! belie,~d 1/,e Commi»1•~i duo:'> no1 '-.1,e all oi L'-e r.llb S1J1i ,,anted 10 pre,c'll 1on,g~L \\, K•ege• sra:ed sre i:~:sc~all\ ,,c_,d ·arhe· corciuct rlie e•11 ·e reJnn,; on .\pr I 8 • acd 1101 p.ir: JI II 1or•gh1 and ran oi 11 on .\pril s· 1or the ;al-.e 01 contmuit·,
A)ES
'-.\\S:
ASST .\lr-.
ABSE'-T:
Brick Knorh, Ro11' Kne~er
Fish, Calender King
.,one
Bleile, vve :ker
,\ 10 1ion carried.
VI. PUBLIC FOR UM
Mr. Knoth asked ii there 11as an1one ,,ho wis hed 10 address the Commis;ion.
,w. Mark Wood asked ii at the .>,pril 8~ meeting (.\SE F20o;-05 wou ld be the first issue 01
the night. The Comm ission 1tated it "ould be.
VII. DIRECTOR 'S CHOI CE
D,rec1or White did not ha~e Jnything to bring beiore the Comrrns;ion.
VIII. STAFF 'S CHO lq
r,.•s. La:igon read an ema,I from .\\r Carl Welker slating he is out oi the hospi1al and hoped
to be "ell enough to at:end the -\pnl 8" meeting. She asked the Cc-nm,ss,oners to please
sign a !!et,, ell card for him.
;..•; Langon stat~d the ne~t mee•·ng \\ill be April 8. 20iJ8, ,,h,,:h \\ill be t~e connnuation oi
ire Pcbhc Hea.,ng 1or CASE #2 )0,-05, Ame1dmen1; to Tt1:e Io: Uni ired De\elopment
Cc,de "-llnimum Lot \\1dth R~quirem1cn1, ior ,\lu't,-Unit O\,ellings. She a;ked the
Commissioner; to note on th~ir calendars that is the second Tuesd.11 of the mon::i. nol 11-ie
irr;t Tuesdav.
Tr:e A;,r,I 22"• meeting 1"1: be a Swdv Se,sion on the Srr.all Area Plan.
In t~e iuture there '"ii be Studv s~ssi ons to di.cuss other UOC Amendmi:nl;
Sre S!Jted she appreciates all the hJrC! 11 ork lhe Commission does She th,1nkecl \ ic:e ChJir
Kn 1J th 1.:i r chJiring tc'11igl•t", mi:et ,r,g on short n0tke.
15
IX. .\TTOR:-..EY'S CHOICE \ 1, R.-,d 1hJnked 1he Comm,,,. m ,md ;airt ;'-s• ., ,,; reJllv ,mpr~""'d '"tn 1b,; 10b the, did IOl'1gh1. X. COMM ISS IONER'S CHOICE ~Ir. Fish s,1id he appreciated e,eryone ,1110,"ng h11n to pul iorth so m,111~ am1<ndments. He
abo thanked S1aii ior all 1he preparation mat,mal thev prO\ ,ded and for helping the
Commirnon through the hearing.
,\ ls. Krieger said she appreciated ,,hat Mr Fi~h did; a!I the issues needed 10 be brought up
and discussed and he did 11 in a ,ery prores,,onal and ,erv thoroughly though I ou: fashion.
Mr. B11ck said he iel1 010s1 oi the public'~ concerns that -,1:re expressed at the last meeting
were discussed tonigh t and credited Mr. Fish ior doing so.
Mr. Roth referenced an article in the Oc1ol:,er 200i issue of the Co lorado Municipalities
magazine. 11 is an article ;;bout how th e City oi Brush ap~roached zoning issues and
suggested tlie CommissiJners lake a moment 10 read it. He also congra1ula1ed ,\llr. Kno1h
on a job well done 1onigh1.
1\\r. King 1han~ed Mr. F.,h for his atten1ion to derail regarding 1onight's hearing.
The 11ee1ing adjourned at 9;00 p.m.
CITY OF ENGLEWOO D PLANNING AND 201\J l ,\/G COMM ISS I OI\: I '< THE MATTER OF CASE ~ZON2008·0 I FINDIS.:GS OF P ,CT, co ,,cu,s10,s A:-.D RECOMME:\DATIONS TO A.\IEl-<D THE DE,WER SEM INARY PLA ,'<NED UNIT DEVELOP,\o\E ,'IT A,\IE,OME:\ T 2
1:-.ITIATED BY:
Ken! Place Developmenl Company I, Inc.
1.no Wy nkoop St reet, Su i te 100
Denver, Colorado 80202
Fl:\DINGS OF F . .\CT A:--0 CONCLUSIONS OF THE CITY PL.\NM\IG A/'SO ZOSING COMMISSION
Commission ,\lembe•, PresenI· Brick Calender King, 11.noth, K'1eger Rolh, Fish
Commission Members Absent: Bleile, Welker
EXH IBIT F
Tms maue• wo, h~ard beiore the Citv Planning and Zoning Comm,ssion on ,\1,irch ~ and
MMch 18, 2008, in 1he City Counci l Ch,1mbers of Ihe Engl ewood Cl,k Center
Testi.r,on, \\JS receiled from S1aii, from 1he applicant and from area resideni,. The
Commission received notice of Publ ic Heari ng, Certirkation of PosIing, S1aii Repor1 and
supplemental iniormat,on from Staff, which ,,ere incorporated into and made a part of the
record of t'.le Public Hearing.
Ai1er cons,dering statements of the "iine,ses, and re,iewing the pertinem documen1s, 1he
members o f the Ci1y Planning and Zoning Commiss,on made the iollo,-mg Findings and
Conclus ions.
FIS.:OI\IGS OF FACT
1. THAT 1he request to amend th e Dem er . Semin.uy Planned Unit De, elop111e111
Amendment 2 \\JS ii!ed b, Kent P!Jce Oe1etopment Compan, I, Inc on J,10UJt\ 15.
2008.
2. THAT Public l\011Ce or the Puhh c Hearing 1,as gi.en b} pub/icJt,on in the
Engli!l\001 HerJld on FebruJr\ 22, 2008.
3. THAT l"e prop~,,~ was posted J> required ~ ... d pos11ng ,emng forth the date, 1ime,
and place of 1h, Public Hearing.
5. 6.
8.
TH.\T ~,-11110, F.1·:1~1:~ Li:.~• r h;:•j;'►.! tl"r.' r--.;~~~, I) tL Jm~~~1.! lht! Dt!''\.e: s~•~1111Jr. Plarn,~d L nit De, dop1,e111. ,,1, L.111••··,n lt'S:i:l~d 10 thl' cr iteriJ the Commrs,uin ,,,u,1 cur,src!t" ,,hen '""""fill! ,m ,1111.,11llmt>nt .1ppliut1L111. \ob L.:mgon iunher tes.rr,.,d that S:.111 reco<'1mend, J!lpr,,, 1101 <\1·:nc!n11:nt2111th uH1,!i11ons . TH.\T tte,11mcr, 1,J• 't!(er,eJ trom t·e J:ipiic.mt Kent P!ace De1dq:mt~t C.irnpn1 I In.:
PUD DISTRICT PLAN
THAT tee PLO Oi,trict Plan is in coniormance ,•.ilh the District Plan
reGuiremeni; and th 1: Comprehen,i, e Plan.
1 THAT 11 is consistent '"th adoptt!d and gene'Jily aL.:epted de,elopment
star,dards in the Gtv oi Engle" cod
3. THAT 11 ,s substan11ally consistent \\ith the goals, ob1ec111es, design
guidelino!, µolicies and anv other ordinance, la11 or requirements oi the Crtv.
PUD SITE PLA,
3.
4.
THAT the PUD Site Pla11 i, also in conformance "ith the District Plan
requirements.
THAT all required documents. drJ\\in3s recommenda:ron; and appro,als
ha,e be.-n recef\ed.
THAT the PUD Site Plan is consistent "ith adopted and generJlly accepted
sta ndards of development of the City ot Engl ewood
THAT the r>UD Sit e Plan is subs:anrially consiHent with the goals, objectives
and poliC'; 'S and 'or any othe r ordinance, la1, or requirements of the Ci ty.
1. THAT t·e ap'Jlr,a1,on "as filed by "ent Place De1elopment Compan~ I. Inc. see~rng
appro, 1I 10 amend the Den, er Semin,iry Planned Unit D~1elop~1ent.
2. THAT rroper n"1111cJtion of the chi,•, 11111e. an ,, pl.i ce oi the Public Hearing was
gilen b1 public,llio n 111 the olr"dJI Crl', ne" .paper, and by po;trng oi the property
for t~e required ~ngth of trme
J. TH -H a·1 Htrmon1 recei•.ed f:t,r., ):,1:r members. appli~.1nt team n:~:nber,. and 1',,,
ii~r-era' publrc I-1> been made part 01 the record of t\.ie Public H~anng.
4. PUD DISTRI CT PLAN
I. THAT the ruo District Plan is in coniorm,inct' 111th the District Pl,111
requirement; ,ind the Comprel ,si,e Pian.
THAT 11 ,, (0ihi,J~,11 ,111r 1d,,p1,•d .,rd ·~~•1er.1ll1 Jc,,'pkJ ,1~,~111p1 ·tt'I': ~-.,ric..Jrc., r. :·~t• Ci11. r En·!\·•·", •d TH AT 11 1) ,uo~t1n11.11l\ l >11,1~il•1H \\1th th~ g1Mb, obJt><.11\~s. desig.·1 ~uil.Jeiin,:,, p, i1C1r•~ JnJ J''\ ~•ht:,. 1.1ri..1nJ:~~t!' .1',\ or re<;t.t"l!tne'.'lb 01 tr.t: (' r\ 5. PUD SITE Pl.\ \I 1.
3
DECISION
THAT the PLO 511e PIJn 1s .1lso ll1 co111orn1Jnce I\ ith the O1strilt Pl,1~ require'll<!'lts.
THAT all rec;wrcd doi.:umen11. drJ,1i11g,. recommenda:ions Jr1u appro,als
ha, e been recei, ed.
THAT the PUD Site Pian ,s consistent 111 th adopted and gener,1lly accepted
stJ ndards or de1t!1opn1t'nt oi the Ci•v of bgle" ood.
T H . .\ T the PL D Sue Pt,1n ,s substa,111,111~ consistent "1th the goJls, OoJJec1i, es
and polk1es and, or am other ordinJnce. l,m or re(juirements oi the Citv
THEREF ORE, ii is the ckcis1on o t the City Planning and Zoning Com mission thJt the
applica tion filed by Kent Place De1elopmen1 Company I. Inc. to arne'ld the Den,er
Seminary Planned Unit De,elopment be recommended 10 C,cy Council ior approval 1111h
conditions.
The decision wa, re,1ched upon a ,ote on a mouon made at the mee ting of the C,11
Planning and Zoning Comm,;sion on ,\larch 18, WOil, by /',Ir Fish, seconded b\ \1,
Krieger, "rich motion states:
CASE #Z0\'2008-01, O£,\VER SEMl,','ARY PUD A,\IE,...,O1\IENT 2 AS
PROPOSED, BE RECO,\li\lE.\/OEO FOR APPROVAL TO CITY COU1\CIL
WITH A FAVORABLE RECO\IMENDATION FOR ADOPTION, SUBJECT
TO THE FOLL OWING CONDITIONS.·
1. .\II app,o,ed conditions and requiremen ts es tab li;hed
under 1'1e Den,er Semrnar\ PUD and Demer Seminary PUD.
'\ml'ndment 1 shall appl)' unless amended b\ Amendmen l 2.
, Amendment ~ ,,ck:io,, ledges the need for 11t'~ible
de, dopment opt ion< b, establ,,h,ng three (3) development
en·.e!opes. Technical si•e plan re"e-.' of d~\elopmenl ,vithin
said el1\ elopes shall lw by the Oe,dup111cn 1 Ro'\ ,e_. Tc,1m
re,i<!\, i<>r compliance ,,ith PUD and Oty de,elopment
s1,1ndard1.
3 Eme!ope 2 shall be limited t<> uses perm itted in the
"household li,ing" c,llegor\' oi the PUD's Table of A!lm,ed
Use,
AYES:
1':AYS:
-\SSTAIN:
ABSE:-. T·
b. Hotel use shall not b,1 a ;ep,1ra1e. s:a•1c!-alone US!, c. The ma~mi..m numue• 01 hord room, ~hall be 130.
d. Ii hotel use is appr0\ ed. the follo\\ ing gue,l
accommodation 1llo"ance appro\ed rn the
onginal PUD shall be amended to;
"3. The number oi residential units does
not include proposed guest
accommodation ior g•1ests of residents of
the pro1ec1. Such spJces shall not exceed
900 S.F. and no more than two such
spaces per ce~idential c;oodomioium
~ li~ileiAg ( 12 total) sha ll be
pro\ided."
King, Knoth, Krieger. Calonder, Roth
Fish, Brick
i',one
Bleile, Wt!l~er
The morion rarried.
These Findings and Conclusions are effect"e as of the meellng on Maren 18, 2008.
BY \UTHORln' ORDINANCE NO SERIES OF 200S COUNC IL BILL NO 13 INTRODUCED BY COUNCIL MEMBER ____ _ A BlllFOR
AN ORDINANC.E AU1l!OR.IZING THE DENVER SEMINARY PL.o.NNED UNIT
DEVELOPMENT (PUD) AMENDMENT NO. 2.
WHEREAS. the Englewood C11y Council appro,•cd the Dem·er Seminary Planned linil
De,elopmen1 with 1hr· pas.~age ofOnl:aancc No. 52, Series of 2004: and
WHEREAS, Conu nuwn Cherry I-fills Land Company, LLC flied an apphcauon for an
omendmenl 10 the 204.14 Planned Un.it Developmem: and
WHEREAS, the Englewood City Council approved Amcndmem No. I, which proposed no
changes lo th e general choracler oi Lhe dcvelop menl of fr r-sale residential and limited reta il uses
with the passage of Ordinance No. S, Series of 2007: and
WI I EREAS, this Amendment No. 2. proposes s ite plan adjus1mems to address development
based on changins market conditions by establishing "envelopes": and
WHliREAS, the "envelope" concept provides the flexibility 10 mnke chnnges 10 building
location and oricn1a1ion 10 meet consumer and market demands without the need to amend the
PUD site plan each time an adjustment 1s considered: and
WHEREAS. the changes of Amcndmcnl No. 2 10 the PUD arc:
• Three envelopes in which an allowed use or activuy may occur provided all PUD
hc1gh1. Setback. bulk plane. and Ooor area requirements arc me1. Establishment of
the en\'elope docs 001 mean Lhc envelope will be completely filled; only Lhm
development may occur within the envelope area.
• Addition of smgle and two-unit residential •ise;
• Addnlon of hc1el use;
• Increase in rc1ail'commcrc1al space lo 75,000 square feel;
• Dee-case the number of residential units from 350 10 300:
• L1m1t dormers on structures along west bouajary (Ncyo1ia1cd with Kent Village),
• Coordinate bulk pllllle and height 10 each cn;elopc: and
WHEREAS. pun;uant to E.M.C. 16-4-15(7)(2). major modifications 10 a P U.D. District Plan
must be nppro\'cd pursuant 10 the same hm11a1ions and requirements by which such Plan wos
origiMlly approved : and
WHEREAS, the Englewood Plnnnmg and Zoning Commission held Pu blic Hew ings ou Murch
4. and Morch 18, 2008, reviewed the Amendment of the Planned Unit Development and
recommended apprc,vnl of 1his Denver Seminary Planned Unit Development Amendment No. 2
w11h the fo ll owm~ co nditions:
I . All approved conditions and requiremems established un der th e Denver Seminary PUD and Denver Seminary PUD-Amendmenl I, sha ll apph ""I amended by Amendment 2. 2. Amendment 2 acknowledg ~s the need for flexible development option s by establish ing three (3) development envelope s. Technical site plan rev iew deve lopmem within said enve lopes shall be by the Development Review Team for compliance with PUD and City deve lopment standards .
3. Envelope 2 shall be limited 10 uses pemlillcd in the "household living" category of
the PUD's Table of Allowed Uses .
4. Ho tel Use shall be limited as follows :
a. Hotel use shall be located within Envelope I only .
b. Hotel use shall not be a separate, stand-alone use .
c. The maximum number of ho tel rooms shall be I SO .
d. If hotel use is approved, the following guest accommodation allowance
approved in the original PUD shall be amended to :
"3 . The number of residential units does not include proposed guest
accommodation for guests for residents of the project. Such spaces shall not
exceed 900 S.F. and no more than two such spaces per resjdeptjal
s;ondgmjnjum tower ~1;ilaiag (I2101al) shall be provi ded ."
OW, n!EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section I. The Englewood City Council has reviewed the Amendment No. 2 10 the Denver
Seminary Planned Unit Deve lopment and pursuant to 16-4-15(1)(2) E.M .C. and finds that the
P.U.D . amendment is in conformance with the approved Planned Uni t Development requirements .
Section 2. The Englewood City Counci l finds that all required documents, draw ings, referrals,
recommendatio ns and approva ls have been received .
Section 3. The Eng lewood City Council finds U1at the amended P.U.D. si te plan is consistent
with adopted and generally accepted standards of development within the City .
Section 4. The Englewood Ci ty Council finds that the amended P.U.D . site plan is substant ially
consistent with the goals, objectives and p01icies and/or any other ordinance, law or requirement of
the City .
Sect ion 5. The City Council of the City of Englewood , Colorado hereby approves Amendment
No . 2 to the Planned Unit Deve lopment for the Denl'er Seminary, auached hereto as Ed1ibit A.
Section 6. Pursuant to Article V, Section 40, of the Englewood Home Ru le Charter, tl 1c City
Couucil has dctennined that Exllibit A, allached to this Ordinance shall not be publ ished because
of its size. A copy of Exhib it A, is available in the Office of the Englewood City Clerk .
Introduced, read in full, and passed on first reading on the 21" day of Apr il, 2008.
2
Published as a Bill for an Ordinance on 1hc 1s• day of April. 1008. James K. Woodward. Mayor ATTEST:
Loucrishia A. Ellis, Chy Clerk
I, Loucrishia A. Ellis. Ci1y Clerk of lhe Ci1y of Englewood. Colorado. hereby certify lhat the
abo\'e and foregoing 1s a ll'Ue copy of a Bill for an Ordinance, in1roduced. read in full, and passed on
first reading on the 21" day of April, 2008 .
Loucrishia A. Ellis
VJCINIIX MAP ""' ,. ""'
Ii,
DENVER SEMl~~ARY PLANNED UNIT DEVELOPMENT (DISTRICT PLAN)
AMENDMENT 2
ENGLEWOOD, COLORADO
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Lou Ellis To: Kerry Bush. Jeanne Kelly Subject: FW Agenda Change From: Leigh Ann Hoffhines
Sent: Monday, May 19, 2008 9:01 AM
To: Jim Woodward Home Account; John Moote; Gary Sears; Dan Brotzman; Mike Flaherty
Cc: Lou Ellis; Susan Werntz; Sue carlton-Sm lth; Stu Fonda; Nancy Fritz
SUbject: Agenda Change
Pugc I or I
The Utllltles Department has asked that we pull agenda Item 11 c I (!Jsolution approving
Englewood's participation In South Platte Water Related Activities Program) from tonight's City
CouncU Meeting agenda. The Water and Sewer Board apparently did not recommend the program 's
approval at its meeting last Tuesday as stated In the Council Communication.
Sorry for the Inconvenience.
Leigh Ann
Leigh Arn Hot1hl~I
Commu"bt.ons c.ootd1Ml0f
C,ty of Englewood
1000 Enol~wood Parkway
Eng-, CO 80110
303-761-1]16
lhollhl-cnglew00d9o¥.o,g
5/19/2008
COUNCIL COMMUNICATION Dat e: May 19, 2008 Initialed By: I Agenda Item : t 1 c I Utilities Department I Subject: Plane River Prow am -EndangereJ Species Act Staff Source: Stewart H. Fonda, Director of Utilities ___________ __..._ ________________ ~
COUNCIL GOAL AND PREVIOUS COUNCIL ACTIO N
CouncH approved Englew<Y,d's participation ,n the Platte River Program al their March S, 2007
meeting.
RECOMMENDED ACTION
The Water and Sewe r Board, at their May 13, 2008 meeting, recommended Counc il approve a
Resolution authorizing Englewood's pa rti cipation In the South Plaue Water Related Activities
Program.
BACICGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Water Related Activities Program (5PWRAP) was formed to improve the habitat of
the following endangered species -the interior least tern, whooping crane, pallid sturgeon, and the
threatened piping plover. The South Plallc Waler Related Activities Program {SPWRAPI would
Improve the habita~ by providing more water In the critical area along the Plane River In Nebraska.
The Department of the Interior Is funding ha ll of the program, and through the Corps of Engineers,
!mies 404 Permits for users alorig the Platte River. The1e pe rm its are mandatory for construc ti on,
repai rs or projects in or along !he Platte River.
This Is the second year of an ongoing 13-year program Water Board has recommended that City
Council enable the City Manager, or his deslgnee, to be able to renew and pay for lhls program in
three, one-year increments.
FI NANCIAL IMPACT
Englewood's portion of the 2CIJ7 assessment for the program was S29, 189.52, wil~ an annual
assessment for 13 years. Future assessment amounts are computed on treated wa,er use and lhe
number of participa nts wltl, the SPWRAP Program. The 2008 assessed amount is 127,275.04.
LIST OF ATTACHMENTS South Platte Water Re lat ed Actovi ties Program Asse~sment Invoice Resolution
•
•
A. lnatructlons South P latte W aler R elated A ctivities P rogram, Inc. Municipal (Class M) Membership 2007 Reporting Form & Assessmen t Invoice Page IC
Please fil In Ills form Including mernbelsh4) illoonabon, water use data, and the assessment as calculated. Send pa)l!\elll b 'PJ/
SPWfW' IIMJll assessmenl lO Ile addrm Isled at Ille boll0fn ol Ills lorm.
City of Englewood Municipal Member Entity
Mailing Address 1000 Englewood Parkway
Englewood, Colorado 801 10-2373
email Address sfonda@englewoodgo1•.org
Phone Number
Submitted by
Title
B. Treated Water Use (previous 5-year average (2002-2006)
303-762-2636
Stewart H. Fonda
Director of Utilities Date
Nole· A rnenmn water use lor prposes of defining Ile runbef ol lilgle-llmly eqlMlenl 11p1 ID/ SPVfflAP ii defined as
•.,y ltealed watar deiveries from &00rc:es of waler owned by lhe member'
(A) (B) (C) (D)=A + B+ C
Treated Water
Year Production at Additions 1 Subtractions 1 Total Treated
Membefs Plant ' Water Use
(acre-feetl lacra-leel) (acre-feel) (aae-teet)
:!003 8,184 8,184
-2004 7,344 7,344
2005 7,921 7,921
2006 8,020 8,020
2007 6413 6,4 13
37,882.00
5-Y ear Averege Adjusted Water Use • I 7,576.40
' Tile arnou,I of lteoled waler produced al your antity's walet ltealmetll facilily (If any)
' Ml SI)' lrea!edwaler thal is O'M'lld by IOI.I anflybul iealed by anoller enlily.
1 Slbnctanywaler ltealed atJQJrfacllilybutnolowned byyouranlity.
• Equals lhe sum divided by lhe number of yeais reponed.
C. Calculation of Slngla F1m lly Equlvalents, Membership Units and Annua l Assessment 1. Previous 5-yew average (2001-2005) Treated Water Use (acre.lee!) 2. Use per S. F. Account (acre.leJVSFE) t 3. Single Fwn!y Equivalents (No. 1 / No. 2) 4. SPWRAP Member Units per SFE t 5. Total SPWRAP Membership Units (No. 3 X No. 4)
6. 2006/2007 SPWRAP Assessmenl/l.Jntt t
7,576.40 0.5 15,152.111 I 90,916.81
0.JC
7. 2006/2007SPWRAP ~ Assessment (No. ~ X No. 6) $27,275.04
t Numbers 2, ~. & 6 lllow •• bed for Iii membels in 2007
D. Payment of As1n1ment
Payment of the annual assessment will provide membership In SPWRAP and coverage under the Platte
River Re<:overy lmplementat!on Program lhrough the calendar year 2007.
Please make checks payable to 'SPWRAP" and send to the followi~ address:
SPWRAP
% Northtm Colorado Water Conservancy Dlstrlc1
220 W11tr Avenue
Berthoud, Colorado 80513
Nole: TIiis l9fl(lt1"J ~mqbetM«lilthe 4t111tlorwled~~lo~lffll f'rofTamllqUhme,a. &dies
tltc:lilg to }Din dlr 20011111 be ttqllhd lo P'f the esseament lot the yea, lhey join lht prog,a,n. In addfbi the llff m,mbtf
nllSI pay~1/orlltm)ttttsdlhel'rllglam. pk4"ml!ISI, cotrfl(Ul(ied~.
•
•
•
•
R.ESOLUTI0:-1 NO SER IES C}F 100h A RESOUITION ENABLING TIii, CITY MANAGER OR 111S DESIGN EE, TO RENEW AND PAYTIIE CITY'S PORTION OF TH E SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM, IN C' ($!'WRAP) FOR Tl CREE ONE-YEAR INCREMENTS WHEREAS, in 1997 the governors of1he slates of Colorado, Nebraska nod Wyo,1 .• 6 •1gncd
an agrcemcnl wi1h 1hc Depnrtmcn1 of Interior 10 improve the habuat of endangered species along
1he Plaue River and tributaries: which ngrecment promised participation by the u.sers of the Plaue
River in each siate and the Federal government; and
WH EREAS, one aspccl of this agrecmcnl is a program calltd ''South Platte Water Related
Activities Program. Inc.~ (SPWRAP). a nonprofit which was set up for lhe purpose of
coordinating cffons to benefit the endangered species along the Plauc River;
WHEREAS, in exchange for pruticipation in this program. waler projects by lhc water users
w .!I require rela1ively Ii Ute effon for fun her compliance and will have some prcdictabili1y in
, ,.uon to the requirements of the "fndangercd Species Act" compliance; and
WHEREAS. the State's pan1cipa1 .on in the program comes with an atmual nsscss mcm for
wa1er user.; which is adjusted annually depending on the amount of waler used by the previous
five years; and
WHEREAS, the Ocpanmeut of the Interior is funding half of the progrnm, and !hrough the
Col1)s ofEnginccrs, issues 404 Pennits for users along the Platte River, lhcsc pcnnits are
mandatory for construction, repairs or projects in or alon11 the Plalte River; and
WH EREAS . 1he Englewood City Council 11uthorii.ed the City's partictpauon tn the "South
Plane WMer Related Ac1ivi1ics Program, Inc." (SPWRAP) for 2006-2007, wuh the pas.~gc of
Resolution No. 39, Scnes of2007; and
WHEREAS, the assessment for the fi rst year was $29.189.52, with an annual assessment
computed on treated water use nnd the nu111bcr of participants with the SPWRAP Prog111m for t 3-
YC81S; and
\\'I IEREAS. Englewood's 2008 osscsscd amount 1s $27.275 .04: and
WIIEREAS, the Englewood Water and Sewer Boord reco111111cnded thal City Co uncil
nuthori1.c lhc Ct l) Ma nager, or lti s designcc, t<> renew and to pay Englewood's pon11,n for the
SPWRAI' Progrnm for three one• vc.1r increments al i1s May I J, 2008 1111.-c1ing:
NOW, TIIEREFORE, BE It' RES OLVbD 13Y TIIECITY COUNCIL OFTHECffY 01'
ENGLEWOOD. COL.ORAOO, 17 IA T:
$~. The C11y Couneal ofEngle",""1, Coloradu hereby approves and authonzcs the Cny t.hnJgcr or lus dc.1gncc 10 renew and 10 pay for the City's assessmem for 1he ··South Plnne Raver Water Rcl3tcd Ac1iv111cs rmgram, lne .'' for three. one-year increments.
ADOPTED AND APPROVED this 19• day of May, 2008.
ATTEST:
James K. Woodward, Mayor
Loucrishin A. 81is, City Clerk
I, Loucrishiu A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the
above Is a true copy of Resolution No. __ , Scrics of 2008.
Loucrishia A. Elli s, Cit) Clerk
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COUNCIL COMM UNI CATION Date: Agenda Item: Subject: May 19, ~006 11 C ii Resolu1ion of suppon 10 1he Englewood Mclell,111 Reservoir Founda11on for lease of appro,imately 13.6 acres to CarMa, Auto Superstores Initiated By: I Staff Source:
Englewood Mclellan Reservoir Foundation Slewart H. Fonda, EMRF PresldMt
COU NCIL COAL AN D PREVIOUS COUNCIL ACTION
In 1999, City Council authorized the creation of the Englewood Mclellan Reservoir Foundation
(EMRF.) On December 17, 2007, Couna1 supported EMRF in the sale of approximately 11 acres of
PASS to RTD for $3.2 million. During an Executive Sess ion of November 21, 2007, City Council
reviewed the tenns of a Letter of Intent from CarMax to lease approximately I J.6 aaM o( PIMOning
Area 84 (PA 84), and by consensus Ins tructed EMRF 10 proceed with lease negotiations.
RECOMMENDED ACTION
EMRF recommends Council approve a Resolution supporting the agreement between EMRF and
CarMax for lease of approximately 13.6 acres of PA84.
BACKGROUND
In 1999, City Council authorized, 1hrougl1 Ordinance 41, the creation of the Englewood Mclellan
Reservoir Foundation, a non-profit corporation charged with furthering the development of the
Mclellan Reservoir properly and transferred the property to EMRF. The following goals for
development were established by City Council in Ordinance 41 .
I. Protect the quality of the City's stored water al Mclellan Reservoir.
2. Protea the reservoir ecosystem.
3. Establish and maximize a fu ture long-term Income stream to benefit the City.
4. Maintain the quality of the Hlghline Canal recreational facmties and the \\etlands
between C-470 and County Line Road.
5. Minimize developmen t Impacts on the reservoir.
6. E.nhance the quality of life ol the neighborhood of which It is part.
7. Enhance the quality of life for reside nts of the Ci1y of Englewood .
W11h the recent development of the Ralph Schomp auto dealership immediatP.ly easl of lhe s~bject
parre l, in terest In EMF R property has focused on au to uses. EMRF has had on-going discussions
with CarMax for lease of the subject parcel since early May of last year. CarMax is the na1ion's
largest used car retailer and is currently seeking six locations In the front,ra nge of Colorado The
Mclellan site has been seleaed as one of their two large format operations in Colorado. Al J
previous Councd e•eculi', e session," e inlormed Council that the terms of a Letter of Intent and Council. by consensus. instructed Et, IRF 10 begm negotiations 01 final lease terms. Those negotiations have been completed, based on the terms of the Lett~, of Intent, "11h some addition; which will benefit EMRF and th e Cit\ on a long-term basis. t-l NANCIAL IMPACT Initial Oe1>osl.:
Constn1c11, ,, Rental:
Base R~, \
$150,000
$220,849, less $88,136 10 be deducted fo r 1/, of broker commission.
$469,34 5 com mencing following construction and Increasing 1 O"k e, ery
f,ve (5) years
UST OF ATTACHMENTS
M 1p dno Pa rcel Description
R~solutlon
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PARCEL DESCRIPTION A PARCEL OF LAND BEING A PART OF "PARCEL 2 A PARCEL OF LANO RECORDED AT RECEPTION NO 99095663, DOUGLAS COUNTY RECORDS, BE ING A PART OF 1 HE NORTH ONE-HALF (N ',) OF SECT ION 4, TOWNSHIP 6 SOUTH. RANGE 68 WEST OF THE 61" PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS , STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST COR NE R OF Tl-iE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-OUARTER (SW '4 NE '"l Of SAID SECTION 4 , THENCE so1w12·E, ALONG
THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER
or SAID SECTION 4; ANO THE WEST LINE OF "HIGHLANDS RANCH -FILING NO, 152", A
SUBDIVISION PLAT RECORDED AT RECEPTION NO. 2005122080, DOUGLAS COUNTY
RECORDS, A DISTANCE OF A DISTANCE OF 470 49 FEET THE POINT OF BEGjNNINO. THENCE
S01 '00'12"E, CONTINUING ALONG THF. EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 4. A DISTANCE OF 276.28 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF CC'.OAAOO STATE HIGHWAY C-470, AS
RECORDED IN BOOK 645 AT PAGE 748, DOUGLAS COUNTY RECORDS; THENCE N82"10'07"W ,
ALONG SAID NORlH LINE , A DISTANCE OF 85.69 FE!':T; THENCE CONTINUING ALONG THE
NORTH RIGHT-OF-WAY LINE OF COLORADO STATE l-%1 HWAY C-470, AS RECO RDE D IN BOOK
1422 AT PAGE 419 DOUGLAS COUNTY RECORDS THE FOUOWING SIX (6) COURSES
I. N72'55'02"W. A DISTANCE OF 185.38 FEET;
2. N59'33'44'W. A DISTANCE OF 685.28 FE8:
3. N70'35'37'W, A DISTANCE OF 296.38 FEET;
4 N25'51'25'W. A DISTANCE OF 42.09 FEET:
5. N19'28'19"E, A DISTANCE OF 19.10 FEET:
b. N68'27'20"'N A DISTANCE Of 73.09 FEET TO A POt:T ON THE EAST RIGHT-OF-WAY LINE OF
LUCENT BOULEVARD, AS RECORDED AS •rARCEL 2K", IN BOOK 1431 , AT PAGE 1371,
DOUGLAS COUNTY RECORDS: THENCE ALONG SAID EAST RJGHT-OF•WAY LINE THE
FOLLOWING FIVE (5) COUR.;Es:
1. ALONG THE ARC Of A NON TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 08 '43"06', A RADIUS OF 137.47 FEET AN ARC LENGTH 20.92 1-EET, THE CHORD OF
WHICH BEARS N00'35'32"W, A DISTANCE OF 20 90 FEET,
2. ALONG THE ARC OF A REVERSE CURVE TO THE LE FT HAVING A CENTRAL ANGLE OF
13'02'19", A RADIUS OF 826 TT FEET. AN ARC LENGTH 188 15 FEET THE CHORD OF
WHICH BEAR S N02'34'25'W, A DISTANCE OF 187.74 FEET;
3 ALONG THE ARC OF A COMPOUND CURVE TO THE LEFT HAVING A CENTRAL ANGLE Of
21 "1 7'49", A RAo:us OF 812,96 FEET, AN ARC LENGTH 302 18 FEET TIIE CHO RD OF WHICH
BEARS N24'01'S3•W , A DISTANCE OF 300 44 FEET
4 AtONG THE AR(, OF A COMPOUND CURVE TO TnE LEFT HAVING A CENTRAL ANGLE OF
09'52'27", A RADIUS OF 803.89 FEET, AN ARC LENGTH 138,54 FEET, THE CHORD OF WHICH
BEARS N35"14'54"W . A DISTAN':F OF 138.37 FEET,
5. N40 "11'08'W, A DISTANCE OF 1'J 20 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF A RIGHT-OF•WAY EASEMEN l ,q PLUM VALLEY LANE AS RECORDED AT RECEPTION NO
2005120153. DOUGLAS COUNTY RECORDS , THENCE ALONG SAID SOUTH RIGHT-OF•WAY • EASEMENT THE FOLLOW ING EIGHT (8) COURSES 1 N04'39'37 "E, A DISTANCE OF 50.26 FEET : 2 N49'34'05'E, A DISTANCE OF 71 11 FE ET . 3 ALONG THE ARC OF A NON•TANGENT CURVE TO THE RIGHT , HAVING A CEN7 RAL ANGLE OF 129'1ff2Z', A RADIUS OF 195.00 FEET, AN ARC LENGTH OF 439.46 FEET , AND WHOSE CHORD BEARS S65'39'42"E, A DISTANCE OF 352 .19 FEET:
4 S01 '06'01 "E, A DISTANCE OF 231 .32 FEET:
5. ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
88 "40 59", A RADIUS OF 255 00 FEET. AND AN ARC LENGTH OF 394.69 FEET;
6 S89"47'00"E, A DISTANCE OF 84.42 FE ET ;
7. ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF
02'52'28", A RADIUS OF 195,00 FEET, AND AN ARC LENGTH OF 9.78 FEET:
8 S86'54'33"E, A DISTANCE OF 250 55 FEET TO A POINT ON THE SOUTHWESTERLY LINE A
CENTENNIAL WATER AND SANITATION DISTRICT EASEMENT RECORDED IN BOOK 415 AT
PAGE 660 , DOUGLAS COUNTY RECORDS. THENCE ALONG SAID SOUTHWESTERLY LINE THE
FOLLOWING TWO (2) COURSES :
1 S40'00'00"E, A DISTANCE OF 614,74 FEET:
2 N90'00'00c, A DISTANCE OF 126.10 FEET TO THE PQINT OF BEGINNING.
CONTAINING 13.630 ACRES OF LAND MORE OR LESS.
THE BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHWEST 114 OF THE NORTHEAST
114 OF SECTION 4, TOWNSHIP 6 SOUTH. RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
BEING A GRID BEARING OF S01 '00'12"E, SAID EAST LINE IS MONUMENTED WITH A 3-1/,·
ALUMINUM CAP STAM PED 'AZTEC PLS 17666' AT THE NORTHEAST CORNER OF THE
30UTHWEST ONE-QUART ER OF THE NORTHEAST ONE•OUAFrfER (SW¼ NE ¼) AND A ~·112 ..
ALUMINUM CAP STAM?ED "EMK PLS 12405' AT THE ~OUTHEAST CORNER OF THE
SOUTHWEST ONE·OUARTEA OF THE NORTHEAST ONE.QUARTER (SW ¼ NE ¼) OF SECTION
• TOWNSHIP 6 SOUTH , RANGE 68 WEST OF THE s™ PRl,-.~IPAL MERIDIAN. THE GRID
BEARING WAS OBTAINED FROM A GLOBAL POSITIONING SYSTEM (GP$) SURVEY BASED ON
THE COLORAD'} HIGH ACCURACY REFERENCE NETWORK (CHARN). THE GRID BEARING IS
NAD83 (1 992) · C0L0A.400 STATE PLANE CENTRAL ZONE (502)
THIS PARCEL DESCRIPTION IS INTENDED TO DESCRIBE LOT 1, OF THE FUTURE PLAT OF
"HIGHLANDS RANCH -FILING NO 153", TO BE RECORDED IN DOUGLAS COUNTY, COLORADO
SHOULD THERE OE ANY DISCREPANCIES BETWEEN THIS PARCEL DESCRIPTION AND SA.ID
LOT 1, OF THE RECO RDED PLAT, THE RECORDED PLAT DESCRIPTION SHOULD BE
C'.QNSlDERED CORRECT
PREPARED BY , JANET A. CALDWELL, PLS 29027
THE LUND PARTNERSHIP, INC .
12265 WEST BAYAUD AVENUE, SUITE 130
LAKEWOOD, COLORADO 80228
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RES LUTIO :'110 l·RII:. 01 ~(~ • A RESOL 10\ Sl Pl'ORTI 'GA., liRI E.\1E :,-ll\' TI-IE ENGLE\\'(XlD ICI HI.A RESERVOTR FOUNDATIO (EMRf"IFOR THE LEA I: OF A PORTIO OF l HE MCI !:LI.A PR Pl ·Rn· TO f' R~1 X. I C WIIERF. .1he En11let1,'IO<l'Mclcllan Rcser.'01r Foonda1ton (EMRr) \\IS fonned 10 01<™.-c
1hc dr"clopmen1 of 1hc McLelfon Rc,,m oir pmpeny: and
\VHEREA • 1he I c I for appm~mia1dy 13.6 acres of the Englewood/Mclellan Reservoir
Founda1ion propcn . "nd
WI I EREAS. CorMn,. Inc . submined a Lct ler of ln1e111 which was previously ,ubmillcd 10 lhc
E, ood Cily C'ounc li : and
WMERF.AS, Cuy Cou ucil reviewed 1hc Le11er of lnieru and instructed EMR F 10 begin
ncgo1in1ions of fin. I lc:,~c 1cml~: 1111d
WH REAS, lhc IICHOl iat ions have been cc,mplel ed. based un lh e lcrm of 1h e I ~li er of ln1 c111 : and
WI IERl:AS, lhc EM RF Boal'(! uf Direc1ors ha s unan imously app roved Cn M:tX. Inc. Lease:
NOW. TIIEREFORE. 8 IT RESOLVED BY TI-IE CITY C'OUNC:L Ol'Tlm IT\' OF
ENGLEW D. OLORADO. TIIAT
~-11,c City ("ounc,J nf 1hc C'uy of Englewood, Colorado, hereby suppo11s lhc "'Lease
Agrecmc,111" hct\\ ccn 1he Englewood lclcllnn Rcsen'Oir Foondn1ion Jnd CarMn,. Inc
ADOPTED A)I.D APPROVED lh, l'lth day or la y. 200
Al'I 1ST .
Jamc-s K \\'ood\\11nl. Mn)'nr
~h111 'I. Elh,. C'1 I} l'lcrk
I, I .oucmhm A l:11,s, ('1:y Clerk for 1hc C'il)' of Englew11od, Co lorado. hereby ccnify th e
11bow ,s n lru • co pi ,,r Rt'linlu1mn No . __ , Scnc of200S .
Loucrishin A. Ellis, C'i l) Clc1k