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Home My WebLink About2002 Ordinance No. 002~ftJ--JDD:J- ORDINANCE NO.~ SERIES OF 2_9.0-3-oltJOr BY AUTHORITY COUNCIL BILL NO. 84 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDElVINITY AGREEMENT PERTAINING TO INSTALLING RAMPS, WALLS, STEPS AND RAILINGS ASSOCIATED WITH PROVIDING ACCESS TO THE ENTRANCE OF THE BUILDING LOCATED AT 3384 SOUTH BROADWAY IN THE PUBLIC RIGHT- OF-WAY TO MEET THE REQUIREMENTS OF THE AMERICAN DISABILITIES ACT. WHEREAS, Section 11-3-4 of the Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain terms and conditions and the issuance of an encroachment permit and indemnity agreement issued by the City; and WHEREAS, a Building Permit was issued in January 2001, for the Bishop Retail Building at 3384 South Broadway; and WHEREAS, the property is being developed with retail space for two businesses on the pt floor and three 1 bedroom lofts on the 2nd floor; and WHEREAS, the owner and the architect have provided a plan that provides handicap access to the front entrance of the building, that does not encroaches into the Public Right-Of-Way; and WHEREAS, the City of Englewood received an application for an encroachment permit from the Owner of 3384 South Broadway; and WHEREAS, Administrative approval of encroachments into Public Right--Of-Ways must meet the following conditions: 1. That the wall and or fence are no closer that 12 inches (12") from the back of the walk. 2. That the wall and or fence are in compliance with all other provisions of the Municipal Code. 3. That the wall and /or fence are not adjacent to a street that is designated to be widened or improved; and WHEREAS, the proposed construction meets the City's conditions 2 and 3; however, the wall and railing as proposed encroaches into the Public Right-Of-Way (walk) by four feet (4') and fails the condition l; and WHEREAS, the improvements encroach into the public walk four feet (4') leaving five feet and eight inches (5'8") of clear walk to the nearest obstruction which is a public street light and over nine feet to the curb on South Broadway; and -1- 10 b ii WHEREAS, the City staff believe that there is ample room for pedestrians to move about on the sidewalk in front of this building and recommends approval of this Ordinance; and WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit And Indemnity Agreement" formally recognizing the dimensions of the encroachment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The encroachment of four feet (4') into the Public Right-Of-Way (walk), as identified in "Exhibit A," is hereby granted. Section 2. The "Encroachment Permit And Indemnity Agreement" attached hereto as "Attachment l," is hereby accepted and approved by the City Council of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of December, 2001. Published as a Bill for an Ordinance on the 21st day of December, 2001. Read by title and passed on final reading on the 7th day of January, 2002. Published by title-as 0rdinance No;,)..__; Series of-2002, on-the 11th day-of-- January, 2002. Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance ssed on final reading and published by title as Ordinance No. :J.... , Series 200 . ft -2- C T y 0 F E N G L E w 0 0 ATTACHMENT 1 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this ________ day of ___ January, 2002, between the City of Englewood, Colorado, a municipal corporation, and Eddie Bishop, the owner of a certain parcel of real property legally described as: the South 15 feet of Lot 8 and all of Lot 9 in Block 4 of the Premier Addition Subdivision and commonly known as: 3384 South Broadway The City of Englewood, Colorado, hereby grants to said owner of the property at the above described location permission to: Install ramps, walls, steps, and railings associated with providing access to the entrance of the building that meets the requirements of the American Disabilities Act. The walls, steps and railings, hereafter referred to as "improvements", are to be located in front of the building located at 3384 South Broadway and shall not encroach into the Broadway public right-of-way more than four feet. As shown on "Exhibit A" consisting of two pages. The aforesaid property owner and his heirs and assigns understands and agrees that: 1. That the property owner/contractor shall obtain all necessary permits and satisfy all conditions required for the construction of the improvements proposed in the public right-of-way. 2. That this permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation. 3. That the property owner shall remove the improvements from the public right-of-way within thirty (30) days after receiving Notice of Revocation by personal service or certified mail. 4. That the property owner is estopped to deny the right of the City of Englewood, Colorado, to revoke the Encroachment Permit or to deny the property rights of said City. 5. That the property owner agrees to reimburse and indemnify the City of Englewood, Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing the improvements placed in the public right-of-way, or any other expense as a result of granting the Encroachment Permit. 1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2300 www.ci.e11glewoocl.co.us D 6. All maintenance of the improvements is the responsibility of the property owner. The costs associated with the improvements are significantly greater than the concrete curbs and gutters and sidewalks that were used to establish the citywide concrete utility, therefore the Concrete Utility Fund shall not cover any maintenance costs associated with these improvements. 7. That if the City ever determines that the improvements are not being maintained, and as a result the improvements represent either a safety concern or the visual appearance of said improvements are a detriment to the urban character of the Broadway street corridor, then the City will provide written notice that the safety or aesthetic concerns should be addressed. The City Manager may give written notice to the owner that maintenance must be performed or repairs made within a specified period of time. If such repairs or maintenance are not performed within the stated time, the City Manager may order such repairs or maintenance to be performed by the City and the expenses connected therewith shall be a lien upon the property adjacent to the improvements until the cost thereof is fully paid. If the assessment is not paid within thirty (30) days thereafter, the City shall certify such assessment to the County Treasurer who shall place the same upon the tax list for the current year, to be collected in the same manner as other taxes are collected, with a ten percent (10%) penalty thereon to defray collection costs. 8. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. 9. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. IN WITNESS WHEREOF , the parties have set written above. their hands the day and year first CITY OF ENGLEWOOD, a municipal corporation By: _______________ _ ATTEST: Beverly J. Bradshaw, Mayor By: ________________ _ Loucrishia A. Ellis, City Clerk By: _______________ _ Ken Ross, Director of Public Works By: _______________ _ Robert Simpson Director of Community Development PROPERTY OWNER By: ~~ ~ ~ \s-½'f \.?.... ( \ ·d O I Eddie Bishop, Property Owner 3384 South Broadway s Exl1.Ll.JH: /\ £ 2 Page 1 o· 7 I ---· ··---~·~""····=,--=-I ······ 1~··:~=-: I -1 I I --1 j I I I I I I I I rmHfmmmin ~I 1111111~~'F=~~-1 i 6 -"I'"' Ji 3 ~ .:! ' .. ;-;;;:;;=111111 i MATCH E><ISTING 611:)E:lllALK ELEVS. ------ tll;\U_J,Q r. ----<a~ 1 _ ':l -l/r,r-- ~;~¥f fi~ tii;µqp..c,___ ':l':l -!:, ' ------ £'; x 1e1ru.__GtB8t21=. ':l81~l -&/13" ----- f-4 ~ ~ ~ E-4 I'll -----¾-------·' N -------------- _,,,,,--- ill " ----EXI TING -l l:! - ---L:IGIIT , FOE ~ (11 _' __ 0·1/t~ -=- S ~ I N e-1 " 2•-11-112 11 EXISTING FLAGSTONE TREE SURROUND, FLUSH WITH 61DEWALK t1ATCI-E!XISTING SIPEW LK ELEVS. r.~}~_SIPEWALK J;~ IUI~9~~f7~, I;~ efil\G!.JJi~DJ; PLAN (:j'a-:3 Exhibit fl. Page 2 of 2 11 ___ c=R~o~erreeb9FE 7/411/i=T. -NEW FIFE RAILING ~ AT .36" ASV. FIN. LEVEL- TYF. EACH SIPE, CITY Of' ENGLEWOOD "FE:PERAL GREE:N" COLOR --NEW PECORAT. GUARDRAIL AT 42" ASV. FIN. LEVEL.- AT OUTSIDE EDGE Or RAMI CITY Of' ENGLEWOOD "FEDERAL GREEN" COLOR lDCQli(;; ':l~IT l/2 11 ---NEW CONG. '"---NE:W FIFE RAILING AT .3i;." A6V. FIN. LEVEL- AT BLDG. FACE, CITY Of' ENGLEWOOD "FEDERAL GREEN" COLOF 'I COUNCIL COMMUNICATION Date: Agenda Item: Subject: 10 a ii Encroachment Agreement -3384 December 1 7, 2001 South Broadway INITIATED BY: STAFF SOURCE: Public Works !<en Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action on this request. RECOMMENDED ACTION Staff recommends that City Council approve the attached Encroachment Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In January of 2001, a building permit was issued for the Bishop Retail Building at 3384 South Broadway. The property is being developed with retail space for two businesses on the first floor and three one bedroom lofts on the second floor. The original intent of the architect was to remove all the sidewalk in front of the building to the curb on Broadway and ramp it up to match the finish floor of the building. Public Works reviewed this proposal and rejected it because we like our public sidewalks flat, and putting a hump in the walk would look bad and could cause a tripping hazard. Next the architect wanted to use the entry off the alley as the handicap access and have a couple of steps at the front entrance on Broadway. The Building and Safety Division rejected this concept because mandating handicapped people to use the rear entrance was not consistent with the American with Disabilities Act. The owner and the architect have come up with a plan that provides handicap access to the front entrance of the building, that does not encroach too far into the right-of-way, and that architecturally compliments the building and the urban theme along Broadway. Building and Safety, Planning, and Public Works have reviewed the plans and all have given their concurrence. A encroachment permit is required, but it was determined that the proposed encroachment exceeded staff's administrative authority as provided in Title 11, Chapter 3, Section 4 of the Englewood Municipal Code, and therefore the request needed to be brought to City Council. Administrative approval of encroachments for fences and retaining walls may be granted providing: 1. That the wall and or fence are no closer than 12 inches from the back of walk. 2. That the wall and or fence are in compliance with all other provisions of the Municipal Code. 3. That the wall and/or fence are not adjacent to a street that is designated to be widened or improved. The proposed construction meets conditions 2 and 3 above, but fails to meet condition 1. The wall and railing as proposed encroaches into the public walk four feet. Even though these improvements encroach into the public walk four feet, there remains five feet and eight inches of clear walk to the nearest obstruction, (a public street light) and over nine feet to the curb on Broadway. Therefore there is ample roorn for pedestrians to move about on the sidewalk in front of this building. • I We are therefore recommending City Council approve the attached Encroachment Permit that spells out the responsibilities of the property owner from this day forth. FINANCIAL IMPACT No financial impact to the City is identified. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Encroachment Agreement Site Plan 2