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HomeMy WebLinkAbout2007-01-08 (Regular) Meeting Agenda Packet1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, January 8, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 1l-'!,~ Invocation. ~ Pledge of Allegiance.~ Roll Call. tf1/ '7 ~ Consideration of Minutes of Previous Session. Minutes from the Regular City Coun.cil meeting of De~cember 18 2006. ~ J ~~ ~ ~~1~CJ1 · 1.:i..a1 -~~ :.& . . -''l!/l)l::. ~f,IM)(:,t::,es u 6. Recognitiu ot c uled Public Comment. (Please limit your presentation to ten minutes .) a. Englewood citizen C y nthia Searfoss will be present to speak regarding changes to the dog ordinance. b . Brook D o ugherty will be present to discuss the vicio us dog ordinance. 7. Recognition of Unscheduled Public Comment. (Please limit yo ur presentation to five minutes. Time for unscheduled public comment ma y be limited to 45 minutes and if limited shall be c ontinued to General Discussion .) d.. l.4-IL~£ l. /)1 I t-L-£.1:.. -F:A-~I~ l)Ot,£ 8 . Communications, Proclamations, and Appointments . b . I ~d'l-D Pl An e-mail from Stephen Hunt announcing his resignation from the Planning and Zoning Commission, the Firefighters ' Pension Board , and th e Safety Services Supplemental Di ability Board. ~ A r o luti o n ap ointing alternati:; Member Ron ·ish a a regular member on the Planning and Z oning Commis ion. d/'n!,d/.)10 fog1ewood Gty Council Agernda Jariua,y :8, 2007 Page 2 9 . Cornsent Agernd a Items. rn. 11 . a. b. ,c. Ap,~I of Ordinances on IFi r·st Rea di n .g. Appmv.all of Ordinances o m Seoond Rea ding. Re£orn s at11d Mol!iorns. Reoommerndallion foam dii e f ,inairnce and Adm1irn ,istiral!iv e Servkes Depart!merntt to .approve a Resolut iorn desigrna llin,g dii e bu'lle~irn boar,d om diie n ortirn ,s,ide of time •second ililo or tOf tirne fo glew ,ood Cii vk Center as diie Offiaiai !Pos~irn,g Place f,or alll l egaJI Nollioes ,of die Gty of !Englewood for 20)0)7_ STAFF SOURCE; Fran" Gfl'glewic.z, Director of finance and Administratwe Servicti, and louaKhia .A. EH~,Cifyatn.~ P<,bUcHea,ing l<ems. ~'J-O ~~-/$ ~.;:hz~~ a. !Pwb>lic H eaininig t,o ,galliher irnputt orn Gowrnail IB'ill 'No .. 52, ~rn e proposeJJI l6mergemq, ifempor.ary Sheltter-s am~rnplliTlem tt tto Ili6 -5 : lJse IR,egu1atiiolils of tthi e 1Eirng1ewoo d M lWll1lioipa1 Code. meJA-1.NJ~~IJ 'J-~ 1r ~ .~ O ,clinanoes, Reso lUlioms amol Mot.io~ O ~ ~ ~ a. Approval of Ordimanoes om Fir-st IR,eadimg. I. G ounoil Bill N o . Il -Recomrmerndatiorn from, tthe Blecttion Gom,m issiom to ,adopt ,a !Bill for am O rdinan o.e aoo_~tim.g R,edistricttirng O ptiorn n. STAFF SOl!J&CE: frank C.,,glewicz, Ondor of ftnana Mid Adminiitra~e Setyi<ft. ~ l..oucmhia A. EIK, Cify Oea/fledion CommiHion Memhe.r.~ Counoi l Bill No. 4 -Recommendati on from tthe Community Development Department tto ad o pt a IB ill for an O rdinan ce authorizing ~em,oval of tthe billboard at 2730 South Broadway and rebuilaling 11:he billboard at 2896 South IBroaalway under a non-rev ocable permit. STAFF · Dirw:torof the 'J.,o ~ ~~~~~ 'l!b.'1!,"=t,;MJS1_'1111u.l>L IA)tt.,./r)~~~,, iii . Council Bill No. ;~:~mendation from tthe Community Development /~1 _f) Department to adopt a Bill for an Ordinance authorizing an amenalment for the ~V~ -v Den e r Seminary Planned Unit O>evelopment. Staff also reciuests tthat Counoil /),,IUA 1/E/tfJ~ schedule a ~blic Hearing on February 5, 2007 to take public com ment o~f~.; , ··-_ , , rile C.-f7j propose d amenclment. ST.ufSOUaCE: Jricial..MpNl,Seniorfbnnff~ ~1 tol f-£l/!IIN?.Y 6;~7 £n _g1ewood City Council Agenda January 8, 2007 Page 3 b. Approval of Ordinances on Second Reading. tJ?if},d i. ,rw 7-o Council Bill No. 51, approving amendment of Tide 15, Cha_e!~; oJ. the _ 1 Englewood Municipal Code 2000 on Graffiti Abatement ~ ftJ ,/I=-:Z ii. Cou!"cil Bill NcJ-~, ~'!'~zing 1 the sale of the property located at 2360 South ,j 'J-o Zum Street ~ &p~. Resolutions and Motions. ff 12. General Discussion. a. Mayor's Choice. ce~A~ 1.~ )llil/l'aK' ~ LiuaJ, 'al!.'' l1f!IL b. CoondlMeml>eff'Cl,oi t:~IW',(_,VOftl'~tfii!~~ ~-YAU:' ~ -/ ulAa. ~ Council Bill No. 2 amending Tide 15, Chapter 9, Section 2 of the En..J~ood 0. b ~_n11 Jt: ~, , ~ 1 [nicipa) Code to damy the type of trailers that may be stored. / LldtL, 'IJAy ;ll'fF-IUHvf / N~ it ncil BiH No. J amending Tide 7, Chapter 1-A of the Englewood Municipal d Code relating to vicious dogs and c.115. Council also wishes to schedule a~ 1/-1 ~ ,-~ f~ to take ixmlic"""""""' oo lhe p,c,p<>Sed (AIM; &4/!DJ}11 J)':J amen 15. . I 5. Aidjoumme:rnt ' PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: JANUAR , 8, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC ' · 1 CJ 2e I , , J , ( l<UL 3 .2:C>-S-So LU , I /,cu.A,.._ _ _,,.~ I I ! I ! I I . I I I, I ! I I I I Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 18, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :33 p.m . 2 Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso , Moore , Barrentine , Oakley, Mccaslin , Woodward , Wolosyn None City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy C ity Clerk Bush Director Olson , Safety Services Planning Technician Kirk , Community Development Senior Planner Langon , Community Development Housing Finance Specialist Grimmett , Community Development Director Gryglewicz , Finance and Administrat ive Services Police Sergeant Clancy , Safety Services Department Assistant Krecklow , Commun ity Developme nt 5. Consideration of Minutes of Prev ious Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , T O APPROVE TH E MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 4 , 2006. Mayor W olosyn asked if there was any d isc uss io n . Council M ember Barrentine said when we passed the ethics policy, I did make this statement and I wanted it clear that it was my intention that in passing this policy, that w e are in no w ay, in my understanding, undermining or circumventing Amendment 41 , the ethics amendment that recently passed in N ovember and I wanted the minutes to reflect that. Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Englewood City Council December 18, 2006 Page 2 Nays : None Motion carried . The minutes wer e ap proved as amend ed . 6. Recognition of Scheduled Public Comment (a) Mayor Wolosyn sa id we have the C hamber of Commerce Executive Direc to r John Brac kney and Director of Econom ic Development Bart Sayyah prese nt to prov ide a briefi ng on the Chamber's Econom ic Development Group. Welcome gentlemen . Bart Sayyah said thank you . Thank you for hav ing us this evening . It has been too long since we've been here . We will make sure that this is a more frequent visit to bring you up to speed on all of the wonderfu l things we 're doing at the Economic Development Group and the South Metro Chamber . I wanted to f irs t thank ... and I know that they're not here tonight. .. but both Bob Simpson and Darren Hollingsworth . I believe that both of them have represented the City extremely well in our Econom ic Development Group . We do meet monthly . We have 100 members in our group . They certainly represent all of the wonderful things that are happening in the City of Englewood to the Economic Development Group , and I can assure you that that word is conveyed out , many times over, throughout the South Metro community. Just to bring you up to speed on where we 're currently at and what we 're look ing forward to doing . Currently , we have 100 members in our group , both public and private sector members. This past year we 've worked on a number of relocati o n and attraction efforts . I'll ment ion a few and be brief. Direct TV , you may have read about recently ... a company that has operated in Denver for a number of years, with about 300 employees , recently they have announced that they will expand their national coverage and hire 1000 new people in South Metro Denver. We worked closely on that deal with both Arapahoe County Commissioners and the Sta te of Colorado to ensure that that expans ion took place in Sou th Metro Denver and we 're pleased to say that it will take place . They are currently in the m ids t of. .. no t only hiring new people , but also tak ing over the former ICG build ing , wh ich repre sents about a quarter m illi on square fee t of office space that formerly was sitting vacan t. A lesser known company , this represents an attraction effort , is called PRC Corporation , which stand for Precision Response Corpo ration , out of Florida . They employ about 10,000 people nationwide and they have decided to make Denver their showcase facility for their national efforts and will be hiring about 600 people by the end of March . So we 're pleased to have them here . And then , just recently ... this has been going on for qu ite a while ... the merger between Boe ing and Lockheed Mart in. It's called United Launch Alliance . They will be putting their future headquarters here . The headquarters will be the company for all future unmanned launch vehicles or satellites into space. We 're not sure about the exact location , but they will be employing about 1000 plus people in our community, with an average salary of about $85 ,000 a job. These are literally rocket science jobs and we 're pleased that they are com ing here . We will be tr avel ing out January 1 i h and 131 h to do a th ird orientat ion . We wen t out twice last year to Boe ing , in Hun ti ng t on B each , Ca lifo rni a . to prov ide an or ientat ion to the Boeing employees who need to take part in this j o int ve nture . W e w ill jus t mention th is and we'll hand th is out later , but this is our former commun ity gu ide . However , for this particular relocati on, beca use of th e s ign ifi ca nce of it, we will be c reating a thousand cop ies of a custom mad e relocation guide, highlighting the many communities in South Metro Denve r. Of course, the City of Englewood will be featured prominently within that guide and we'll be bringing that out to our orientation in January to the Boeing employees . A few other items ... we recently rolled out a new forum . It is called the South Metro Denver Business Round Table and I am pleased to announce that Mayor Wolo syn was our inaugural guest speaker at that forum and she came out and informed the many Cham ber members. a nd non-Chamber members, about the wonderful things happening 1n Englewood . In addi tion to that. we have a few initiatives that we 're lo oking forward to launching in 2007 . One in particular is our business climate a ssessment. I know tha t Englewood has done something similar recently , through Bob Simpson 's department. We want to do it on a larger scale , but we felt it was important to be very 1n touch with the temperament of the business community , both for purposes of representing them and for purposes of conveying to them . that our group is in existence and if they are looking to expand or if they know of a company that's looking to relocate to South Metro Denver, we want them to use us as a clearing house . We 're happy to represent them and to find both public and private sector partners to make that com to fru1t1on . The other ,tern that we 'r looking forward to launch in 2007 is what we call an Economic R p1d R span e Team So , a company calls us up and says hey, we 're kicking the tires in South Metro D nv r . w want to h ar more about 11. We want to bring all of our private and public sector partners to that m ting to t I about real estate , and talk about potential incentives and talk about any other need that they m h v . nd w f I th t w h v th p rtners right now that can really present South Metro Denver in the b th ht Th I t 11 m I'll m nllon I w ·re al o looking at launching a business empowerment symposium . ) Englewood City Council December 18, 2006 Page 3 This would be a quarterly sympos ium . It's not for new companies or companies that are struggl ing to keep on the l ights and open the doors, but existing compan ies ... compan ies that may have 20 or 30 employees and , because of their size , they don't necessarily have the in -house resources ; the legal advice , the human resources advice . So , we want to bring our partners to the table and offer in a pro-bono fashion , that type of information to our existing businesses , so that we can turn on a light bulb and hopefully, if they have that epiphany, they're in a position to grow their bus iness and create more jobs , which is ult imately the obj ect of an economic development group . We do have one person missing . Oh , I'm sorry. I'm being prompted here by my boss , to talk about a recent trip we took out to Kansas City and it was a very good trip . As a matter of fact . Bob Simpson and Darren Ho lli ngsworth also jo ined us , to look at a redevelopment project that has been very successful out there . This was Kansas City, not Missouri , but Kansas City , Kansas and for anyone who has traveled 1-70 in route to St. Louis or other areas beyond that , Kansas City , Kansas histor ically has not been associated with economic development or any type of economy for that matter. And we went out there and saw an incredible development. We saw a development where , literally, the average income was the lowest in the state, where there were very few successful businesses and they were transformed overnight. They brought in the Nebraska Furniture Mart and White Wolf Lodging and a raceway and many other businesses that have generated astronomical revenues for that community and , overnight , the average income of the res idents has increased exponentially . The bonds that were issued to make that development a reality are going to be paid off ten years ahead of schedule . And we're hop ing to use that as a future seed , for discussions about what we can do creatively here . It's not that we 're go ing to repl icate what they d id out there exactly , but the sp iri t of it , I think , is important. It is an important lesson, because if it really started with one indiv idual who said I have a v ision and I think we can replicate that here in South Metro Denver . We can say that we have a vision on what type of companies we want here , what type of future we want for our children and grandch ildren and let's go out in a very intentional and strategic manner and pursue that vision . We were glad that Englewood could be represented , at that little trade mission , if you will , or development miss ion and we look forward to a continued partnership in the future . Thank you . Mayor Wolosyn sa id thank you for coming . John Brackney , President of the Chamber, said what an honor it is to be here tonight. I think you all probably know our historic roots together . We 've been pa11ners for decades . Whether it was th is fac ility we 're involved in , or help ing to promote light rail ... whether it's the Broadway redevelopment .... our history goes back decades . And the admiration we have in particular for Gary Sears , if you don 't mind a public compl iment Gary , I assume you occasionally get a crit ic ism . Your reputation as a h istor ic City in Arapahoe County is legend . The controversies that befa ll a c ity is up and down ... it happens all of the time , but your sk ills sets and what you 've been able to do with Englewood , espec ially in the last few years , wh ile under tremendous stra in is very adm irable and appreciated by lots of folks out there . Bart mentioned a lot abou t the Econom ic Development Group , since we 're sol id partners , as you probably know , as you 're all Chamber members , as well . And so I th ought that I'd at least touch on some of the Chambe r ac ti vities . You ma y have bee n follow ing some of ou r activities . We've gone from a 12 person staff to a 19 pers on staff in the la st two years . The Cham ber is very, very healthy and strong and we stand in front of you as two of the 19 and hundreds and hundreds of volunteers , that look forward to your vision and how we can come in , in a supportive role . We don 't want to lead, in this in stance, we want to follow . And, fortunately, we 've had great partnerships over the years and the M ayor is actively participating . Your City staff has been very noble . Darren Hollingsworth represents you extremely well. And Bob Simps on and I go back to when I was a cou nty commissio ner. It sounds a little corny , but w e really love Englewood and we truly want to serve . And so call on us wh enever we can provide that resource . One of the new initiatives has been with some of your retailers . It has been our Small Business Devel o pment Center . Have any of you been briefed on that? With your permission , we 'll send an e-mail to you so you can keep in the loop . Our Small Business Development Center has been very , very active . We're responsible , in conjunction with Federal and State government , for covering all of Arapahoe County , and there was an initiative to try to drive more retail, as a destination within Englewood . And we brought in an expert associated with Arapahoe Community College . My understanding is it was very well rece ived among the retailers and that is something that we hope is the first step of the beg innin g , not the end . Your economy affects the rest of Arapahoe County and the better you are , the better the rest of our folks are . Bart alluded to 1t. .. we 're hoping that some of those very high paid . very educated folks . choose to move into Englewood , associated with United Launch Alliance . And it's our Job to brag about you . And it' their Job once they locate here . in dd1t1on to a thousand jobs , many of them hav spouses So . there w ill b new start up busine es . They may not b thousand person space Englewood City Council December 18, 2006 Page 4 company ... it may be a small 2 or 3 person engineering company and we want those folks to land in Englewood . And we want you to brag about them . And we want to connect in every single way we can . We're going to leave this brochure with you tonight that shows our history, our programs , our committees, our services and some of our most active members. We'd like to apprise you of some public policy issues that the Chamber is being involved in. From a business perspect ive , the single most important issue facing business in America today, is the unaffordability of health care . It's not iust the employee that's suffering . It's the employer that's suffering . And if you've followed our progress a little bit ... it was written up in COBIZ Magazine and some of the local papers ... we really believe that we must solve that issue nationwide . We are no longer being competitive worldwide . And individual citizens are suffering the ability to not be able to afford their own healthcare insurance and the employer similarly is not able to afford enough . We must solve that issue and we believe that you can partner with us to do something really special coming right here from South Metro Denver . If not us, who? We need to work on this issue. The second major initiative ... and we do have a representative of the Englewood Schools with us ... is kind of the Thomas Friedman world is flat philosophy . Are we being competitive in this new worldwide market place? And the answer is , maybe . The world is changing very rapidly and even non-descript buildings, as you may know, a warehouse kind of building , may have more employees in Eastern Europe or Indonesia than they do in South Metro Denver , but it's headquartered here in South Metro Denver . And how do we educate the youth of our society to be competitive. particularly in regards to science , technology, engineering, and mathematics? How do we partner with our school districts to put executives into the classroom or to put teachers into the bus iness . to do something really meaningful for our kids and our youth to keep us competitive? We almost broach the patriotic aspect that the world , as Friedman points out, may not be a bullet war next time , it may be a war of ideas and a war of innovativeness . And we need your full partnership, if anyone is interested . Finally , the third 1s a maior new initiative in South Metro Denver . that's a little bit secret until right now, and that's on renewable energy policy . How are we heating our homes and how are we driving our cars and what can we do with new economies of scale , in particularity in regards to a new gubernatorial administration? What can we do to be less reliant on fore ig n oil? I know this sounds a little controversial for a suburban chamber of commerce to be involved in some of these issues . If they at all interest you , or you want to challenge us on our ideas. you're welcome to partner, because these are really hot topics that staff and enormously strong volunteers , such as a fairly well known Englewood business person, L. G . Chavez, the owner of Burt Automotive network . He Is. which I believe they are all in Englewood not Littleton , is that correct? He is steering up this energy initiative for solar and hydrogen cars and how you can partner with somebody like L.G ., he will dearly appreciate it. But finally , even in this building , the Museum of Outdoor Arts asked for our assistance in pro m oting their regional tourism draw . although it is not in your City, they're located here , of course, but at the Coors Amphitheatre . And so , that's in the guide as well ... trying to get thousands of business people realizing that they can have an outdoor party or festival during the holidays . And if we support them in that , then I hope they will support you 1n their efforts here . Needless to say, there is a lot going on in the business commun ity . There are doubts . There are concerns about the economy. And I don't want to necessarily allay those fears . But , I will tell you that there are hundreds and hundreds of very smart , very educated and in many instances, very wealthy business people , that are rolling up their sleeves to get something done to improve our local cities and our economy and we ask for your greater partnership . We are here to serve you ... not the other way around . Thank you for your service . And with your permission, Bart or I will be happy to nswer que t1ons and we would like to give you some materials . Mayor Wolosyn said that we don't usually have a discussion at this time . Mr . Brackney replied of course . Mayor Wolosyn responded thank you and if you would leave those with the Clerk, she 'll make sure that we get them She said I really appreciate the update . plus the information on the policy issues . Mr. Brackney said thank you for your rv1ce Mayor Wolosyn said thanks for coming and Happy Holidays . M yor Wolosyn said members of the Keep Englewood Beautiful Commission are here to Holld y L1ght1ng Awards . Our Councilperson , Bob Mccaslin , who is the liaison to the oing to introduce the Commission members and I will help him give out the awards . Englewood City Council Decelllber18,2006 Page 5 like to bring them up and introduce them and they can stay up and help w ith t he awards ceremony. Tom Rothe , Cynthia Adams, Theresa Sabrsula and Pamala Sampson . Also, on the committee , is a representat ive from Community Development and that's Audra Kirk . Audra w ill help me with the presentation . So , there are many beautiful , beautiful decorations . I mean , we had a map and we went out last Tuesday and there were 16 entries from all over Englewood . Probably one of the best turnouts that we have had in many years . We were try ing to be real objective on this . And we had a little form we filled out and there 's a lot of th ings we took in to account and we had a great time . It was just great. So , I'll hand it ove r to Audra. Planning Technician Kirk sa id the w inners that are receiving awards , if you want to wait in the back, you can sign up and take a big sign home and put it in your yard . Council Member Mccaslin presented ribbons and certificates to all of the winners who were present and they were given a round of applause . Mayors Choice Cyndi Kr ieger 2987 South Cherokee Street Best Variety Mark DeHaven 3721 South Lincoln Street Best Holiday Spirit Samantha Davis 4085 $_outh Jason Street Most Unique Patricia A. Lobb 3270 West Grand Avenue Most Patriotic Natalie Haas 4536 South Sherman Street Most Marvelous Jack and Chalene Miller 505 1 South Fox Street Most Serene The Miller Family 4104 South Sherman Street Picture Perfect Marcy Schuler 2751 South Cherokee Street Planning Technician Kirk said we had a father and son team that live about a block apart and it was hard to decide what to name these awards . The father 's award is called the Old School award and the son 's award is called the New Breed award . Old School Al ice and Richard Kloewer New Breed Melan ie and Ron Kloewer Honorable Mentions : Rich Mo rales David Bodiker Sandi Linger The Adkins Brad and Patty Fincham Shim an d Paula Feasel 4990 South Elati Street 504 1 South Elati Street 4255 South Delaware Street 4005 South Inca Street 3181 South Vine Street 4970 South Huron Street 4900 South Inca Drive 3936 South Elati Street Council M ember Barrentine said thank you so much ... all of you .. .for taking the time and energy to make our community so festive . We appreciate it. Mayor Wolosyn said Happy Holidays to all of you . 7 . Rec ogni t ion of Unsched u led Pub lic Con:,ment There were no unscheduled visitors . 8 . Communications, Proclamations and Appointments Englewood City Council December 18, 2006 Page6 There were no commun ications , proclamations or appo intments. 9 . Consent Agenda (a) Approval of Ordinances on F irst Reading There were no add itional items submitted for approva l on first read ing . (See Agenda Item 11.) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 48 , SERIES OF 2006 (COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AMENDING THE EXISTING CONCESSIONAIRE CONTRACT BETWEEN CADDIE SHACK , LLC . AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF OCTOBER 4, 2006 THROUGH DECEMBER 31 , 2007 . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (c) Resolutions and Motions There w ere no additional resolutions or motions subm itted for approval. (See Agenda Item 11 .) 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) App rova l of Ordinan c es o n First Re adi ng (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving the Emergency Temporary Shelters amendment to Title 16, Chapter 5 of the Englewood Municipal Code 2000 and a request that Council schedule a Public Hearing on January 8, 2007 for comment on this amendment. Ms . Langon said the purpose of the amendment to the Title 16 zoning ordinance is to clarify terms and requirements for this use, to establish a review process and to provide reg ulations that would meet zoning and saf ety concerns . These amendments are based on the January and October 2006 Study Sessions with Council. Again, the request is to set a pu blic hearing for January 8 , 2007 . Mayor Wolosyn asked if there were any questions for Tricia . Council Member Woodward said yes , I have a couple questions and a couple comments . On page two here ... and I noticed this when reading the minutes from the P & Z public hearin g and I wanted to address it. It says here in that third paragraph down , following a citizen complaint.. .and I am not aware of a citizen complaint. I don't recall any citizen 's complaints . I recall that I had worked w ith Gary and the City Manager's office and taking a look at it with Ben Greene, but unless you are aware of a citizen complaint. .. Ms . La ,gon replied that it 1s my understanding that there was a complaint from a neighbor , about the activity . I can check that out. Council Member Woodward said I don't know 1f that went to Chris or what. Also , there were some questions in Englewood City Council December18,2006 Page 7 the public hearing about illegal aliens . In talking to the people over at that particular church , they had two foreigners the whole time and , of course , they didn't know whether they were illegal aliens . I mean how do you ask are you an illegal alien? So , I noticed that that was a big issue within the P & Z , specifically with one of the members . And the other item I wanted to ask you about was on the table 16 -5-1 .1, on the second page here, that very first item you mention food shelters typically function as an accessory use . I'm not clear on where we address that then, since we 've deleted it out of the information here . Where do we call out that that food bank or accessory use is acceptable for a food bank? Ms . Langon responded that up until the UDC went into effect in 2004, we had neither food banks nor temporary shelters listed . And when we did the UDC , we put both of those together after taking a look at this one particular situation last year , and also realizing that food banks really are a small function of, generally , a church or some other organization and are not a primary principle use. And they are also extremely difficult to track and find out what's going on. It's usually ... there are several churches that I know of that operate food banks only at holiday times or very limited situations . And we felt that it was a difficult thing to try to regulate . So , as of right now , it's not really in any format , in the Code . Council Member Tomasso inquired if it should say food bank instead of food shelter? It says eliminate food shelter as a typical use and it should be food bank then? Ms . Langon said not under this category . Not as a food bank. We're not going to be regulating food banks. Council Member Tomasso asked if food shelters are different from food banks? Ms . Langon replied that I am not really sure , to be honest. Council Member Woodward said when I go to page 17 , and I see other accessory uses and I see things like satellite dish antenna , parking area surface , home occupation dormitory ... I am just wondering if a food bank ought to be something that is added into that area or if it is necessary and that's a question that I don't know the answer to. Mayor Wolosyn asked if we could have those points clarified by the next meeting in January, at the public hearing. Ms. Langon said we can do that. We'll work with Mr. Brotzman as to in what order we do that. Will we be able to go forward for public hearing on that night? Okay. Council Member Woodward said I would think so . All I want is just clarification , because all of a sudden we are eliminating something that I don 't see as being replaced anywhere , in there . Ms . Langon said then just for clarification for me , then you would like to see food bank under other accessory uses? Council Member Woodward responded that is the question for you , if that is where it should go ... I mean it says accessory uses is typically functions as an accessory use, and since we have line items for accessory uses , I would assume that maybe it goes in there . City Attorney Brotzman said that in all honesty , if you look at page 19, the very last issue is uses not mentioned . We'll get you an explanation on that , but that is probably where it's going to fit. Council Member Woodward said okay , okay . Mayor Wolosyn asked if there was anything else? Council Member Barrentine said I would agree with Tricia . The reason this came about was because this church , out of the goodness of their hearts , started taking the overflow from the Denver Mission . There were complaints from the community . It was an issue of the safety and health of these people being put into a situation where there were not adequate services ... to be a shelter . They were never intended for a shelter . And I think some of the orig in al concerns came fr om ou r own police and f ire department , because they were no t under regulations , in order to house these people, in the manner that they were . And wh ile I appreciate their kindness and what they were trying to accomplish, it did bring up some serious issues for that community, and nor was that building ever intended for that and so I know that is what we're trying to address and I appreciate your attempt to do that, and we'll see what the community thinks at the public hearing . Thanks . Council Me mber Woodward said that I just want to say I respectfully disagree . The police were bringing people to that facility and they were appreciat ive that it was open . And it was the City Manager's office and our Fire Marshall and the church, together , taking a look at it. So that's , I think , where that came from . There may have been complaints that you , at District 3 where this is located, may have heard . I didn't hear any . Mayor Wolosyn said I think it is important to remember that we are making an objective law that covers zoning . It's not about one institution . Certain issues , last winter , brought this to our attention , but I don 't think we should make law about one issue . I look forward to hearing the clarification of your points . Council Member Barrentine said I agree with Olga . I think the intent of this is to make sure that we never put people in this situat ion where they are not safe or it is not healthy , regardless of the intentions . Englewood City Council December 18, 2006 Page 8 Council Member Woodward said I have no quest ion about that. I just wanted to make sure that the corrections from Planning and Zoning were what was said there ... what was stated there ... and what was he re , was correct. Mayor Wolosyn said that if there aren 't any other quest ions fo r Tricia , I'd like to ask for a motion . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 52 AND TO SET A PUBLIC HEARING ON JANUARY 8 , 2007. COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 16 , CHAPTER 5 , TABLE 1.1 (C), AND SECT ION 6 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO EMERGENCY TEMPORARY SHELTERS . Vote results: Ayes : Nays: Motion carried . Ms . Langon said thank you . Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley None Mayor Wolosyn said thank you Tricia and than ks for looking into those things . (ii ) Housing Finance Specialist Grimmett presented a recommendat ion from the Community Development Department to adopt a bill for an ordinance author iz ing the sale of a single family residence at 2360 South Zun i Street. She said the house is currently under construct ion , by our Student Bu ild Program , the ACTS program, and is schedu led to be completed probably in May. Typ ically , in past years , I've requested Council to approve this sale closer to the completion , April or May of the year . But th is year it just seemed a little bit easier to do it at this particular time, while it is st ill under construction ... advertise it for sale . This will allow any potential buyer to be able to come in and choose colo rs , carpeting , appl iances , that type of thing , so they can personalize it and make it more their home. So , we 're just requesting that that be approved so that we can list it w ith a realtor tha t we 've currently gone into contract w ith , with our other properties that we have taken under foreclosure and th is will j ust be part of that package that will be listed for sale . And it will then go into the multi list and hopefully we 'll have a buyer by the time the project is finished in May. Mayo r Wolosyn asked if there were any discuss ion or questi ons fo r Jane t? Council Member Woodward sai d I just had a com me nt t hat I thi nk this is a great id ea and it g ives peop le opportunities , as you 've said in here , to select colors and stuff like that and I commend you for doing this early . And I think that will make a d ifference in the time that it will be listed and sold . Mayor Wolosyn said I second that. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (ii ) • COUNCIL BILL NO . 53. COUNCIL BILL NO . 53 , INTRODUCED BY COUNCIL M EM BER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SI NGLE FAMILY RESIDE N CE AT 2360 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERN MENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. Vote results : Ayes : Nays: Mot ion earned . Counc il Members Barrentine . McCaslln, Moore , Wolosyn , Woodward . Tomasso , Oakley None - ' I I I l l I I I ' . I ! i I I Englewood City Council December 18, 2006 Page 9 Mayor Wolosyn said thank you Janet. (b} Approval of Ord inances on Second Read ing There were no add itional items submitted for approval on second read ing . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglew icz presented a recommendat ion from the Department of Finance and Administrative Services to approve a resolution for a Supplemental Appropr iation to the 2006 Budget in the amount of $650 ,000 for the Englewood Golf Course redevelopment project. He said this is a supplemental appropriation of the 2006 Budget for the public improvement fund . And as you know , the funds carry over until the project is either completed or abandoned . And this is for $650 ,000 , related to overs ight of the golf course operations and redevelopment , and that project will most likely take 18 plus months . It's , as I said , for $650,000 .00 and those came from monies rece ived from Miller-Weingarten . Mayor Wolosyn asked if there was any discussion or questions . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 87, SERIES OF 2006. RESOLUTION NO . 87 , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIAT ION TO THE 2006 BUDGET FOR THE ENGLEWOOD GOLF COURSE REDEVELOPMENT PROJECT . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayo r Wolosyn sa id thank yo u Fran k . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said you received a copy of the Metro Mayors Caucus Regional Energy Agreement. It's a Memorandum of Understanding and I think I'd just like Council to endorse it. I think it's fitting for two reasons . One , on your comments tonight , from the Chamber , on renewable energy , and another ... Keep Englewood Beaut iful Commissioners were here and part of their stated mission is to look into ways to make Englewood more efficient. And I did notice under the list of things that communities agreed to address . the actions which may be included , you 're not limited to or have to do all of them . are some that KEB is already doing . They already are meeting with RTD . They're meeting with DRCOG to discuss Ride-A-Rangers . They 're working hard to partner with organizat ions in the community to increase awareness of the importance of energy eff1cienc1es MAYOR W OLOSY N MOVED, AN D IT WAS SECOND ED , T O ENDOR SE THE M EMORAND U M OF UN D ERSTANDIN G FOR T HE MET RO MAYORS CAUCU S R EGION AL EN ER G Y AG R EE MEN T . Mayor Wolosyn asked if there was any discussion . Englewood City Council December 18, 2006 Page10 Member Tomasso said I would like to have some sort of vehicle for informing the citizens of the results and light efficiencies, and things like that, that are listed here . Mayor Wolosyn said we can do that in the Citizen . Member Woodward said and I would think that , as you had mentioned, KEB, number 2 here on page two , is to educate our citizens and this kind of fits right in, I think, with a lot of the things that KEB has been discussing over the last year and one half and looking to do . And again , with the Chamber, I think this fits right in . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley None (Clerk's note: Consideration of the Memorandum of Understanding for the Metro Mayors Caucus Regional Energy Agreement was listed on the Agenda as Item 12 (a) (i).] Mayor Wolosyn said maybe we can have a copy of this go to the Keep Englewood Beautiful commissioners . (ii) Mayor Wolosyn said it has been a long , productive , arduous year. I think we 've had some good discussions that have helped us reach agreement on a lot of issues and I have enjoyed serving as Mayor and I thank Council for giving me this opportunity . I hope that we all have a great, restful holiday and come back on January 81h ready for another hardworking , prosperous new year. So, thank you . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I just wanted to thank the citizens that came tonight and won the awards . I appreciate their effort, in helping us decorate up the community during the holiday season . 2 . She said as part of the Senate District 28 vacancy committee , I wanted to let everyone know that we voted on Saturday to replace State Senator Jim Dyer , who resigned . He ,..Ji 'I be County Commissioner for District 2 , and was elected in November. And that vacancy committee apµointed Steve Ward . He has served in the past on the county commissioners as well , and I'm sure he looks forward to filling the seat for Senate District 26 , wh ich covers this area . 3 . She said I want to wish everybody a Happy Hol iday and see you next year . (ii) Council Member Mccaslin : 1 . He said I would again like to thank the KEB members , that showed up . I appreciate all of the effort you put in this year . Especially , my first year on KEB , was quite a learning experience and you guys taught me a lot. So thank you very much . I really do appreciate it. And thank you to the citizens who participated in the holiday lighting . 2 . He said again I would like to thank Lance Smith and Caroline Faseruk. They did an excellent job . on the house next to me that was condemned for code violations . And they did a very professional job . I tell you what , I was impressed to see Englewood 's employees work and be very professional about it. I know because I saw it first hand . as 1t was right next door. so if you 'll let them know ... l appreciate it. Thank you . 3 . He said again I want to wish everyone Happy Holidays and stay safe. Thank you . (111) Council Member Moore sa id Happ y Holi day to everyone (1 ) Council M mb r O I y Englewood City Council December 18, 2006 f Page 11 1 . He said I would like to bring forward Council Bill No . 51, pertaining to graffiti. Mayor Wolosyn said that this is a bill that Council worked on to strengthen graffiti reaction time and we 're adopting this, but with the understanding that there are citizen volunteer measures that are going to be brought to us for our consideration, in the future , to continue to lessen graffiti ... the impact of graffiti on our communities. COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) - COUNCIL BILL NO. 51. COUNCIL BILL NO . 51, INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO GRAFFITI. Mayor Wolosyn asked if there was any discussion . Member Woodward said I just wanted to mention, as I have said in Study Session, that I think Englewood does a really good job , and Code Enforcement does a good job and the citizens do a good job , of clean-up . And I think this really pertains to a very small minority of some people who don't do the clean-up . But getting around the Metro area, I really get to appreciate how clean Englewood looks compared to some of the other cities and towns in the Metro area . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (Clerk 's note : Council Bill No . 51 , a bill for an ordinance amending Title 15, Chapter 3 , of the Englewood Municipal Code 2000 pertaining to Graffiti was listed on the Agenda as Item 12 (b) (ii).] 2 . He said Merry Christmas . (v) Council Member Tomasso : 1 . He said I would like to bring forth the resolution to approve the aid to the other agenc ies for 2007 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE RESOLUTION NO . 88 , SERIES OF 2006. RESOLUTION NO . 88, SERIES OF 2006 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2007 BY THE CITY OF ENGLEWOOD , COLORADO . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore. Wolosyn , Woodward , Tomasso , Oakley Nays : None [Clerk 's note : The resolution to approve Aid to Other Agencies for 2007 was listed on the Agenda as Item 12 (b) (i).] 2 H said I w1 h v ryon the best for the New Year and have a afe and Happy Holiday Englewood City Council December 18, 2006 Page 12 (vi) Council Member Woodward : 1. He said I want to wish everyone a Happy Holiday and Merry Christmas . 2 . He said that I, too, want to acknowledge KEB for all of the work that they do and have done throughout the year. And I know that the decorating contest is one of the fun things to do and have a good time . The City is really lit up . It is really pretty. And if people have the opportunity to get out and about, it's really lit up nicely. 3. He said I also wanted just to mention MOA's snowflake exhibit they have going on right now . If citizens haven't seen that, it is pretty ... it is really, really neat. And I would really encourage people to come down to the second floor of City Center and see that. 13. City Manager's Report (a) City Manager Sears said that during the next couple of weeks , Mike Flaherty will be here . I will be out of town. (b) City Manager Sears said I wanted to say thank you to the Council and Merry Christmas . Happy Holidays to you, over the next couple of weeks . 14 . City Attorney's Report (a) City Attorney Brotzman said I would like to wish everybody a Happy Holiday. * * * * * Mayor Wolosyn said once again, Happy Holidays and Happy New Year to everyone . 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :26 p .m . -----Original Message----- From: Steve E. Hunt, Jr. [mailto :SEHunt@amgnational.com] Sent: Thursday, December 14, 2006 11:27 AM Subject: Resignation from the Planning and Zoning Commission and the Firefighters Pension Board Dear Mayor Wolosyn and Members of City Council: I was notified Friday that I am being reactivated with the Army and in January begin preparing to deploy to Iraq. Obviously, I have many things to get in order before I leave. One of those is resigning my positions with the City of Englewood. I'm resigning frorr. the Planning and Zoning Commission and the Firefighter's Pension Board imme<liately. Thanks, Stephen Hunt S1WE HUNT, JR Financial Counselor AMG National Trust Bank 6501 E. Belleview Ave, Suite 400 Englewood, CO 80111-6020 voice 303.694.2190 I fax 303.694.9242 email: sehunt@amgnational.com NOTICE: This email message contains privileged and confidential infonnation intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return e-maW, or by calling the sender at (303) 694,2190. Thank you. la RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING RON FISH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS , there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Ron Fish has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, Ron Fish was previously named as an alternate to the Englewood Planning and Zoning Commission; and WHEREAS , the Englewood City Council desires to appoint Ron Fish to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ron Fish is hereby appointed to the Englewood Planning and Zoning Commission. Ron Fish 's term will be effective immediately and shall expire February 1, 2007 . ADOPTED AND APPROVED this 8th of January, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis , City Clerk 8b RESOLUTION NO._,_ SERIES OF 2007 A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOI.OP 1118 8NOU3WOOD AS nm omclAL POSTING 1 PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2007 . WHEREAS, the "Open Meetings Law", Colorado Revised Statute §24-6-402(2)(c) requires that the public place or places for posting legal notices shall be designated annually at the local public body's first regular meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The official posting place for all legal notices of the City of Englewood for the year 2007, shall be the Bulletin Board on the north side of the second floor of the Englewood Civic Center and such notices shall be posted under the heading "OFFICIAL CITY NOTICES ." This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 8th day of January, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _, Series of 2007. Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: January 8, 2007 Initiated By: Agenda Item: 9 Ci Department of Finance and Administrative Services City Clerk's Office Subject: Designation of the Official Posting Place for all Legal Notices of the City of Englewood for 2007 Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia A. Ellis, City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On January 9, 2006 City Council designated the bulletin board on the north side of the second floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2006. RECOMMENDED ACTION Approve a Resolution designating the bulletin board on the north side of the second floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2007. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The OPEN MEETINGS LAW, State Statute § 24-6-402 (2) (c) states that "a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year." FINANCIAL IMPACT None LIST OF ATTACHMENTS Resolution. 1 i I t ' I i t, .. City of Englewood AGENDA ITEM 10 (a) ~UBLIC HEARING ROSTER DATE: January 8, 2007 Public Hearing to gather input on Council Bill No. 52, the proposed Emergency Temporary Shelters amendment to 16-5: Use Regulations of the Englewood Municipal Code. PLEASE PRINT NAME ADDRESS '. D I ! ' I I ' ' I ' .i : I ' I I PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO § COUNTY OF ARAPAHOE I, Christine Moser, do solemnly swear that I am the President/Publisher of THE EULEWDID HERALD and that same is a weekly newspaper pub- lished in the City of Littleton , in the County of Arapahoe , State of Colorado, and has a general circulation therein ; that said news- paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton , Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30 , 1923, and entitled "Legal Notices and Advertisements · and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week , on the same day of each week , for a period of i consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated c/Q~l==t.LfYi.,=::::.L...L::=--WJL)--=-~--· 2006 . The last publication of said notice was in the issue of said newspaper dated ~J_ LL()Lb.l-1 ) ~ A ~ Signature of President/Publisher Christine Moser , 2006 . Subscribed and sworn to before me , a Notary Public , this 2 ~y of .D ~A.~),>:<.A.t 2006 . ~ Signature of Notary Publ ic PUBLIC NOTICE CITY OF l!NGLEWOOO I NOTICi OF PUIUC HEARING Notioe ....... by,,_ lhllt ... Cltv Council of ... City of l!nglewood, ·Colorado, 11M IICNCluled a Pullllc Ha.Ing Ill a lletular City Council Mwllng an JANUARY 8, 2007, Ill 7:30 p.m . In ... City Council Ctwn11en 01t btllawoacl CMc C.nwr, 1000 8nglewood ll'artlway, ID --Input on 1111 ORDINANCE AMENDING TrTLE 18, CHAPT!R I, TABLE 1.1 (C), ANO .. CTION I, OP THI! l!NOLEWOOO MUNICIPAL CODE 2000, PUTAINING TOIEll!RGl!NCYTl!lll"ORARY SHEL TERI. (COUNCIL BILL NO . 12) All ......... partin _,....,.. opl,.._ In ,..,_.. Ill ... Pullllc HNr1ng or In Wfltlng to lie NOaMCI by ... City Clerk by 1:00 p.m. an January I, 2007 . An~ wlehlng ID .,.._ at Ille Pullllc HNrtna-r aa11 Ille City Clerll'a Offlc:e, IOUIU40I or JO:a.712.2407 ID.....,.. lhelr ,-ntallon or• ••~.,_.wit ........... door. •r an1e, of ... Ellgl9wlaod City Council. L_,..,.la A. l!Nle, MMC Cityc:leltl City of l!nglawood 1000 l!n.,._ood P81t1way l!nglewood, ColorNo I0110 Puau••.D• •• •-eNGLl!WOOO H!ltAU) I 2713 /1»,, C i, T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT To: Thru: Mayor Wolosyn and Council Members Gary Sears, City Manager From: Harold Stitt, Community Development Manage& Tricia Langon, Senior Planne~t.,... Date: January 8, 2007 Subject: Food Shelters (Food Bank) The Emergency Temporary Shelter amendments proposed in Council Bill No. 52 remove Food Shelter as a Use Type under Public/Institutional Uses from Table 16-5- 1.1 Table of Allowed Uses . A food shelter, also known as a food bank, and em e rge nc y housing shelters proposed in this Bill for Ordinance are different in their operation and neighborhood impacts and should not be combined under the same use type . Historically food banks in the City have been viewed an accessory function of a principal institutional use, such as a church, and have not been regulated. Regulation of food banks as an accessory use can be addressed through provisions of 16-5-4 .C which state : If an acc ess ory use is not listed in Table 16-5-1.1, but satisfies all the general st an da rds se t forth in subsection 16 -5 -4.B EMC, the City Man ager or designee m ay allow its es t abl is hm ent acc o rdin g t o the procedures and criteria in Section 16-5-1.B EMC, "Un l isted Uses ." 1000 [n I wood P rkw y ngl wood, Color.do 80110 PHON 303-762-2342 fAX 303-783-6895 lOa ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE 16, CHAPTER 5 , TABLE 1.1 {C), AND SECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO EMERGENCY TEMPORARY SHELTERS . WHEREAS, the Unified Development Code, as adopted, provided for emergency shelters as a conditional use; and WHEREAS, a conditional use requires approval by the Planning and Zoning Conunission after a public hearing; and WHEREAS , the current procedure does not allow for immediate decisions which are needed in an emergency situation; and WHEREAS, this limited use procedure allows for a prompt determination while insuring the public safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5 , Section 1.1 (C), of the Englewood Municipal Code 2000, to read as follows: 16-5-1 : Table of Allowed Uses. Table 16-5-1.1 below sets forth the categories and types of uses allowed within the respective zoning districts . A . Exp lanation of Tab le Abbreviations. 1. Permitted Uses . A "P" in a cell indicates that the use type is permitted by right in the respective zoning district. Permitted uses are subject to all other a pplicab le regulations of this Title, including the development standards set forth in Chapter 16-6 EM C. 2 . Conditional Uses . A "C" in a cell indicates that th e use type is allowed only if reviewed and app roved as a conditiona l u se subject to a public hearing, in accordance with the cond itional use review procedures of Section 16-2-12 EMC. -1 - 3. Accessory Uses. An "A" in a cell indicates that the use type is allowed only as incidental to the principal use on a site; see Section 16-5-4 EMC for regulations governing accessory uses. 4 . Limited Uses. An "L" in a cell indicates the use type is generally appropriate in the zoning district, yet may have the potential for limited impacts on adjacent properties or on the character of the district. These uses are subject to an administrative review that grants the City the authority to impose conditions on the specified use to mitigate potential impacts. See Section 16- 2-13. 5 . Temporary Uses . A "T" in a cell indicates the use type is allowed only for a limited duration. See Sections 16-2-14 and 16-5-5 EMC, for regulations governing temporary uses. 6. Prohibited Uses. A blank cell indicates that the use type is prohibited in the zoning district. 7. Additional Regulations. Regardless of whether a use category is permitted by right or as a conditional, accessory, limited, or temporary use, there may be additional regulations that are applicable to a specific use. The existence of these use-specific regulations is noted through a reference in the last column of the use summary table entitled "Additional Regulations ." References refer to subsections of Section 16-5-2 EMC, "Use-Specific Standards." Such standards apply to all districts unless otherwise specified. B . Unlisted Uses. 1. Procedure for Approving Unlisted Uses . Where a particular use category or use type is not specifically allowed under this Title, the use category or type may be permitted by the City Manager or designee upon a finding that the criteria of subsection B.2 . below are met. The City Manager or designee shall give due consideration to the intent of this Title concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question. 2. Criteria for Approving Unlisted Uses. The City Manager or designee may allow an unlisted use (permitted, conditional, limited, accessory, or temporary) in the zoning district if he finds that the proposed use has an impact that is similar in nature, function, and duration to the other uses allowed in a specific zoning district . In making such finding, the City Manager or designee shall assess all relevant characteristics of the proposed use, including but not limited to the following: a. The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises; b . Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous , hazardous , toxic, or explosive materials used in the processing; -2 - D c. The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders hazardous or not); d. The type, size, and nature of buildings and structures; e. The number and density of employees and customers per unit area of site in relation to business hours and employment shifts; f. Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site; g. Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses; h . The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation and fumes ; i. Any special public utility requirements for serving the proposed use, including but not limited to water supply, waste water, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and j. The impact on adjacent properties created by the proposed use will not be greater than that of other uses allowed in the zoning district. 3 . Effects of Finding by th e City Manager or D esign ee. a . Typical Uses: Adde d to th is Title: (1) The City shall initiate period ic amendments to this Title if the City Manager or designee finds that the particular use or class of use(s) is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this Title is likely to lead to public uncertainty and confusion. (2) Until final action has been taken on such proposed amendment , the determination of the City Manager or designee shall be binding on all officers and departments of the City. b . Atypical Uses : Determination Binding. In making a determination whether to approve an unlisted use, the City Manager's or designee's determination hall thereafter be binding on all officers and department of the City, without further action or amendment of this -3 - Title, if the City Manager or designee finds the particular use or class of use( s) is of an unusual or transitory nature, or is unlikely to recur frequently . c. Appeals. Appeals of decisions to approve or deny unlisted uses shall be appealed to the Commission. -4 - .,..--.... C. Table of Allowed Uses. P = P ERMITI'ED US EC= CONDIT IONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCES SOR Y US E APPROV ED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE RESIDENTIAL USES Group living I I I I I le le IP IP I I I I 16-S-2.A.1 facility, large/special Group Living I Group living p p p p p p p p p p I I I 16-S-2.A.1 facility , small Small treatment e e p p I I I t6-S-2.A.1 center I I I I HOIIRbold Living I Live/work dwelling p Ip I L I L I t 6-S-2.A.2 -5 - park Multi-unit dwelling p p p p p p 16-5-2.A.4 One-unit attached p p p p p p dwelling One-unit detached p p p p p p p 16-5-2.A.S dwelling One-unit detached p p p p p dwelling on a small p p lot Two-unit dwelling p p p p p 16-5-2.A.6 PUBLIC/INSTITUTIONAL USES Aaiaal Shelter Not-for-profit p p animal shelter Emergency Housing shelter, {;_.L {; 16-5::6.D.1 Temporary Shelter feed shel,eF ~ All other buildings Government and City and facilities not p p p p p p p specified under the p p p p p Public/Institutional Uses category Library Public p p p Museum/Cultural All uses p p p p p -6 - (.,, Athletic field C C C C C C C C p p Park and Open Space Community garden C C C C C C C C Park p p p p p p p p p p p p Religious institutions and p p p p p p p L L L L L Religious Assembly associated accessory uses Education p p p p p p p p p C School institution Alternative tower p p p p p p p p p p p p Te.lecommunication structure Facility (See Chapter Antenna 16-7, (microwave p p p p p p p "Tekco,n,nunications, antenna, sectorized p p p p p "for applicable use-panel antenna, whip related guidelines and antenna) stllndards) C C C C C p p Tower structure C C C C C RTD maintenance p p Transportation facility Facility p Transit center Utility Facility (not .... _! _____ .... !.!_.__ D D •L "' ... D. ._, -7 - including facility Telecommunication Minor utility facility C C C C C FadUty) (as a prindpal use of C C C C C C C land) COMMERCIAL USES Adult Use All types as defined p p 16-5-2.C.1 in Chapter 16-11 Greenhouse/nursery Agricultural Use , raising of plants, p p 16-5-2.C.2 flowers, or nursery stock Animal shelter p p Kennel/day care L p p Animal Sales and Service Pet store (live p p animal sale) p p p Small animal veterinary hospital L p C p p or clinic Assembly ball or auditorium, ball p p C p p Assembl y rental for meetings or social occasions Membership p p C p p -8 - ~ organization ( excluding adult use) Dependent care Dependent Care center(less than 24-C C C C C p p p p C 16-5-2.C.7 hour care, a ny age) Amusement C C C C C establishment Physical fit ness p p p p p Entertainment/ center/spa Amusement: Indoor Theater and performance/concer p p t venue, not p p p including adult entertainment Entertainment/ General outdoor C C Amusement: Outdoor recreation C Check cas hing p p p facility Financial institution, p p Financial Institution with drive-through L service Financial institution, p p p p p without drive- -9 - ... _,, .. through service Brewpub p p p p p Caterer p p p Microbrewery p p p Food and Beverage Restaurant, bar, Service tavern with or p p p p p without outdoor operations Restaurant, with p p drive-through L service Take out and p p delivery only Clinic p p p p p Health treatment p p p Medical/Scientific facility Service p p Hospital p p Laboratory( dental, p p p p p p medical or optical) -10 - Office, type 1 p p p p p Office (general) Office, type 2 p p p p p p p 16-5-2.C.8 (limited) Crematori um C Dry cleaner, drop-p p p p p off site only Instructional p p p p service Massage t herapy p p p p p Mortuary p Retail Sales and Service(Personal Personal ca r e p p p p p Service) Service: photography studio p p and photo lab, p p p upholstery, printer, locksmith, t ailor Tattoo and body-p p piercing establishment Temporary C C 16-5- employment 2.C.11 • -11 - business Retail Sales and Equipment rental L p p Service (Repair and Rental) Repair shop (not p p including auto) p p p Retail Sales and Antique store p p p p p Service (Sales) Art gallery p p p p p Auction house p p p Buy-back shop, second hand, thrift, p p p consignment Convenience store p p p p Grocery/specialty food store p p p p p Internet Sales Location p p p Liquor store p p p p p Pawnbroker p p p 16-5- 2.C.10 -12 - ForTSA, Pif<= 20,000 sq. ft., Retail sales, general p p P/C p p Cif> merchandise 20,000 sq. ft. of gross leasable floor area School Trade or business p p C p p 16-5- school 2.C.12 Radio/television Studio broadcasting studio, p p p recording/film studio Vehicle and Automobile p p p 16-5- Equipment pawnbroker 2.C.10 Automotive sales, L p p 16-5-2.C.3 rental Automotive service and repair, p p including body or fender work Automotive service L p p 16-5-2.C.4 -_. !-. -. - including body or -13 - - fender work Automotive service p p 16-5-2.C.5 station (gasoline L facility) L L 16-5-2.C.6; Car wash, auto L 16-5-2.C.4 detailing Commercial storage p p 16-5-2.C.3 of operable vehicles Fuel dispensing L p p Parking facility, p p 16-5-2.C.3 structure (operable C C L L C vehicles ),principal use Parking area, p p 16-5-2.C.9; surface( operable C C L L C 16-5-2.C.3 vehicles ),principal use Recreational p p vehicles and boats, L sales or rental Visitor Bed and breakfast p Accommodation Hotel p p -14 C • ...... Wholesale Sales and p p distribution MANUFACTURING/INDUSTRIAL USES Industrial service, p p 16-5-2.D.3 light C (TSA Industrial Service only) Industrial service, p heavy Manufacturing, Manufacturing, p p 16-5-2.D.4 C (TSA Including Processing, light only) Fabrication, or Assembly Manufacturing, p heavy Fuel storage L L Warehouse/Storage Mini-storage L p facility Moving and storage L p Outdoor storage L p Storage yard for vehicles, equipment, L p 16-5-2.D.6 material, and/or supplies -15 - Warehousing and/or L p storage Automobile C wrecking/ salvage p 16-5-2.D.1 yard Commercial C incinerator Hazardous waste C C 16-5-2.D.2 handling Recycling operation, all processing occurs p p 16-5-2.D.5 within enclosed Waste/Salvage structure Recycling operation, some or all C C 16-5-2.D.5 processing occurs outside an enclosed structure C Sanitary service Waste transfer C C station(not including hazardous waste) ACCESSORY USES -See Section 16-5-4 for additional regulations Home Care Accessory ,l ~-··· • ~ . ,r, .. .. ,l ,l ,l ,l -- -16 - r-- care A Family child care C-A A A A home A A A Uses (Accessory to Principal One-Unit C-Dwelling Uses Only) Infant/toddler home A A A A A A A Large child ca re L-L-L-L- home A A A A Caretaker's quarter A A A A Otber Accessory Uses Dormitory A A A Home occupation A A A A A A A 16-5-4.C.l Minor utility facility L-L-L-L-L-L-L-L-L-L-L-L-16-5-2.B.l (as accessory use of A A A A A A A A A A A A land) Parking area A A A A A A A A 16-5-4.C.2 (surface) Parking gara ge A Satellite dis h A A A A A A A A A A A A 16-5-4.C.3 antenna -1 7 - Service units or A A 16-5-4.C.4 facility Swimming pool A A A A A A A A A A A A 16-5-4.C.5 TEMPORARY USES-See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T Expansion or T T T T T T T replacement of T T T T existing facilities Farmers market T T T T T Food Vendor Carts T T T T T Mobile storage (with T T T T T T T or without building T T T T T permit) ' Real estate sales or T T T T T T T leasing office (also T T T T T model homes) Outdoor Sales ( e.g., tent sales, parking T T lot sales, seasonal T T T sales, windshield repair, sales from -18 - USES NOT MENTIONED retail vendor carts, etc.) - Special event (e.g., IT IT IT IT IT IT IT IT IT IT IT IT carnival, bazaar, fair) Tents, canopies IT IT IT IT IT IT IT IT IT IT IT IT See 16-S-l.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. -19 - -~- 1 : .. Section 2 . The City C ouncil of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5 , with the addition of a new Section 6 , of the Englewood Municipal Code 2000, to read as follo w s: J 6-5-6: Limjted Uses, Purpose This Section establishes specific administrative review criteria for certain limited uses identified in Table 16-5-1.1 EMC, "Table of Allowed Uses", Limited Use Permits All uses identified as limited uses in Table 16-5-1.1 EMC. "Table of Allowed Uses " shall be required to obtain a Limited Use Pennit pursuant to the procedw;es set forth in Section 16-2-13 EMC. Qenera{ Requirements for All Limited Uses All limited uses shall meet the general requirements of Section I6-2-J3CCl "Criteria", Specific Regulations for Certain Limited Uses 1-Emergency Temporary Shelters. c. Emergency Temporary Shelters shall be permitted to operate only within a public /institutional building Ci,e government facilities. churches. schools}, Emergency Temporary Shelters shall meet all applicable Building and fire safety requirements. Operation of an Emergency Temporary Shelter shall be limited to five <5} consecutive days per Limited Use Permit with a maximum of six C§l pennits per calendar year . Any Emergency Temporary Shelter operating more than thirty QQ} days per calendar year shall be considered a group Jiving facility and shall be subject to regulations of 16-5-2 :Al of the Englewood Muni cipal Code . Upon review, the City Mana ger or desi gn ee may extend the time of operation or modify the type of buildin g where an Emergency Temporary Shelter is nennitted based on community need and the nature of the emer gency. Toe City Manager or desi gn ee may set additional requirements beyond those outlined above dependin g on the site. structw;e used or operation of the Emergency Temporary Shelters, Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the pub lic, and that thi Ordinance is necessary for the preservation of health and safety and for the -20 - l. protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 18th day of December, 2006. Published as a Bill for an Ordinance on the 22nd day of December, 2006. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk L Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop y of a Bill for an Ordinance, introduced, read in full, and passed on firs t read ing on the 18th day of December, 2006. Loucrishia A . Ellis -21 - For your consideration Public Hearing Council Bill No. 52 _!!II£ Amendments 16-5: Use Regulations of Unified Development Code pertaining to Emergency Temporary Shelters Present for the record Proof of Publication THAT Notice of Public Hearing Englewood Herald Dec 22, 2006 BACKGROUND: 2004: definition of ETS added to UDC not previously a listed use Allowed in MUB-2 and MU R-3 A Broadway zone and directly adjoining b'wy = transit In late 2005 church in R-2-B residential zone used basement for shelter Issue of zoning and also health and safety-especially fire safety. City Council reviewed in Jan and Oct '06 1. Maintained in the MU-B-2 and MU-R-3-A zone districts, 2. Provided review criteria, and 3. Addressed health and safety issues. PROPOSED AMENDMENTS: • Clarify terms and requirements Establish a review process intended to Provide regulations to meet zoning and safety concerns Not Homeless facility Ordinance Emergency shelter to meet needs of the community in times ,. Flood ,, Tornado ,. may be for homeless individuals in Food bank 2 PROPOSED AMENDMENTS: Table 16-5-1.1 Table of Allowed U ses • Eliminate Food Shelter as a Use Type. Food shelters and housing shelters are vastly different in their operation and impacts and should not be combined under the same use type. Food shelters typically function as an accessory use. • Reintroduced through Unlisted Use procedure Page6 • Change C (Conditional Use) to L (Limited Use) under the MU-R-3-A and MU-B-2 zones. A Conditional Use permit requires publication in the official City newspaper, 1 5 day property posting, and a public hearing. By the time these requirements are met, the need for the emergency shelter could have ceased. A Limited Use allows administrative review of the criteria in 16-5-6:Dl and can be accomplished in a timely manner based on the emergency need. • Add reference to 16-5-6:D.1 under Additional Requirements: This provides direction to applicable regulations and requirements . Establish new Section 16-5-6: Limited Uses PAGE 20 • • • • • • This new Section establishes Limited Use criteria in the UDC with Subsection 0.1 pertaining specifically to Emergency Temporary Shelters. Criteria for other Limited Uses can be added to the Section as they are developed. The criteria provide standard measures for the administrative review of a Limited Use. D .1 a: Establishes that an Emergency Temporary Shelter may operate only within public/institutional buildings such as churches, schools or government buildings. 0.1.b: Requires that Building and Fire safety measures are met before a Limited Use permit can be obtained. D .1.c: Establishes a definition of "temporary" by setting a maximum five (5) consecutive days timeframe per Limited Use permit, with of maximum of six (6) permits per calendar year. 0 .1.d: Establishes additional criteria if a shelter attempts to operate more than thirty (30) days per calendar yea r. 0.1 .e: Provi des the City Manager discretion to allow a shelter to operate based on the nature of the emergency. D .1.f: Provides City Manager discretion to impose other regulations as necessary. SUJ\1.l\lARY: Pro v ide regulations to m Pe t zoning and safety concerns Em rg e ncy Temporary Sh elt e r : A structure o r portion of a structure providing t emporar~, housing fo r persons in need of shelter due t o limited financial resources (in 1uding :pe pie v,110 are homeles ), weather-rela ted emergen ies, or o th er mergen ies. 0 upancy is permitted on a twenty-fo ur (2 4 ) hour basis . A cessory s r i s that also ma be provided at the facility .include food, counseling, transp rtati on ervi es, and ser'\'i es t o support the per ona1 care of the residents of th fa ility ·in luding medi 'I r , d n t a'I r , and hygiene. ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCil... BILL NO. 1 INTRODUCED BY COUNCIL MEMBER~~~~~~ ABILLFOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO. ,, a,l WHEREAS, the Englewood City Council established the current Council District boundaries by the passage of Ordinance No. 17, Series of 2003 ; and WHEREAS, the Englewood City Council hereby affirms that the current Council District boundaries as set by Ordinance No. 17 , Series of 2003 remain the same; and WHEREAS, pursuant to Article III, Section 20, of the Englewood Home Rule Charter, the four Council Districts shall be contiguous and compact and have approximately the same number of registered voters, and every four years Council shall make such divisions, changes, and consolidations necessary to carry out the intent of Article III, Section 20, of the Home Rule Charter; and WHEREAS, the Eng lewood C ity Charter requires that the number of registered voters should vary no more than 15 % between the highest and lowest Council Districts; and WHEREAS, the Constitution of the State of Colorado has a population provision that case law supports, e ven though the prov ision is not made specifically applicable to municipalities; and WHEREAS, the Constitution of the State of Colorado prov ision stipulates that the population districts reflect n o more than a 5% different ial between the most and the least populated district ; and WHEREA S , the c urrent reapportionment meets both the population and registered v oter criteria; and WHEREAS, the current redistricting meets the registered voter criteria of the Englewood Home Rule Charter with a 5 .35% differential ; and WHEREAS pursuant to population requirements established by the Constitution of the State of Colorado, Article V , Section 46, the current redistricting meets the population criteria with a 4 .99% d i fferential ; and WHEREAS, the Englewood Home Rule Charter requires that reapportionment be completed at lea.st six months prior to the general municipal election (November 6 , 2007) at which it is to become effective; and WHEREAS, the Englewood Election Commis ion is charged with reviewing and reconunendin reapportionment to ity Council; and ______________________________ ....... ____ _ WHEREAS, the Englewood Election Commission reviewed the apportionment and recommends the current apportionment remain unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby determines that the Englewood Council Districts described in Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 2000, remain as currently described and amending 1-5-l(B), to read as follows: 1-5-1: COUNCIL DISTRICTS: A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe. Council District No. 1: Council District No. 1 shall include and be comprised of all that portion of the City lying northerly and westerly of the following described line: Beginning at the intersection of the centerline of West Kenyon Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Kenyon A venue to the intersection at South Broadway; thence northerly along the centerline of South Broadway to the intersection at East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the centerline of South Downing St n to its intersection with the northerly City Limit line. Council District No. 2 : Council District No. 2 shall include and be comprised of all that portion of the City lying northerly and easterly of the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly City Limit line of Englewood; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence northerly along the centerline of South Broadway to the intersection at East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the centerline of South Downing Street to its intersection with the northerly City Limit line. Council District o . 3 : Council District No. 3 shall include and be comprised of all that portion of the City bounded by the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly City Limit line of Englewood; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence continuing westerly along the centerline of West Kenyon Avenue to its intersection with the westerly City Limit line of Englewood; thence southwesterly along said westerly City Limit line to its intersection with the 2 centerline at West Oxford A venue; thence easterly along said centerline of West Oxford A venue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford A venue; thence easterly along the centerline of West Stanford A venue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Bellevi ew A venue; thence easterly along the centerline of East Belleview A venue to its intersec cion with the City Limit line; thence continuing easterly and northerly along said City Limit line to the intersection with the prolongation of the centerli,1e of East Kenyon A venue, said point also being the Point of Beginning. Council District No. 4: Council District No . 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line: Beginning at the intersection of the centerline of West Oxford A venue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Oxford A venue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford A venue; thence easterly along the centerline of West Stanford A venue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Belleview Avenue; thence easterly along the centerline of East Belleview Avenue to its intersection with the City Limit line. B . Equivalent Size. The City Council finds , determines and declares that the four (4) districts , as hereinabove established, contain an approximately similar number of citizens as determined by the 2000 Census figures. The districts contain a similar number of registered voters as determined by the number of registered voters as ofDeeemeer 13 , 2QQ2 November I, 2005 , and the variance between the district with the highest number of registered voters and the district with the lowest number of registered voters is not in excess of fifteen percent (15%). C . Annexations. All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City. Sect io n 2 . Sa fe ty C lau ses. The City Council hereby find s, determines, and declares that this Ordinance is promulgated under the general pol ice power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this O rdinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislati ve object sought to be obtained. Section 3. Severabilitv. If any clause, sent ence, paragra ph, or part of thi s Ordinance or the applica tion thereof to any person or circumstan ces shall for any reason be adj ud ged by a court of competent jurisdiction invalid, such judgment shall not affect , impair or invalidate the rema ind er o f thi s Ordinance or it s application to other persons or circumstances . 3 Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 8th day of January, 2007. Published as a Bill for an Ordinance on the 12'h day of January, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 2007. Loucrishia A. Ellis 4 ~ ~ ~ ~ \ City of Englewood, Colorado City Council District Analysis for 2007 Election Cycle Option 1: (Splits Precinct 115 along Kenyon) :~ ~.,, 0 Dec. 2006 0 0.5 1.5 Miles Reglared Voter Population Registered Voters Percentage of Total Dislrlct (2000 Cenous) (2005) Population (2005) I 8 ,107 5 120 63.16 II 7,770 4,917 63.28 Ill 7 73l 4 860 62.86 N 8 118 4,933 60.77 31 ,727 19,830 Red Indicates highest and lo-st figures. Population % Difference between highest and lo-st figure • 4 .99% 2005 Reg istration % Difference between highest and lowest figure • 5.35% : : '-" City of Englewood, Colorado , City Council District Analysis for 2007 Election Cycle Option 2: (Splits Precinct 117 along US Hwy 285) it 8 Dec. 2006 0 0.5 1.5 Miles Reglslered Voter Populadon Reglslered Voters Percentage of Total Dtsb1ct (2000 Censusj (2005) Populatlon (2005) I 7 ,768 4 ,844 62.36 II 8,100 > 330 65.80 Ill r 74, > 723 61 .01 N 8 118 4,933 60.77 --3 1,727 19.830 Red indicates highest and lowest figures. Population % Difference between highest and lowest figure = 4.87% 2005 Registration % Difference between highest and lowest figure= 12.85% COUNCIL COMMUNICATION Date: January 8, 2007 Initiated By: Agenda Item: 11 a i Department of Finance and Administrative Services City Clerk's Office/Election Commission Subject: Redistricting Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 17, Series of 2003, adopted by City Council on March 3, 2003, established the current City Council District boundaries. RECOMMENDED ACTION ( The Englewood Election Commission, at their February 21, 2006 meeting, reviewed two redistricting options prepared by Community Deve lopment Planner John Voboril. The Election Commission recommends that Council adopt proposed redistricting Option 1. If adopted, the City Council District Boundaries will remain the same . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Charter requires that the number of registered v oters be reviewed every four y ears in an effort to equalize the Council Districts . The Engle wood City Charter (Article Ill, Se ction 20) requires that the number of registered voters should vary no more than 15% between the highest and lowes t Council Distri cts. The Constitution of the State of Colorado (Ar ticle V, Section 46) has a population provision which case law supports, even though the provision is not specifically applicable to municipalities. The provision stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district. The Election Commission is charged with reviewing and recommending redistricting to City Council. The Charter requires that redistricting be completed at least six months before the general municipal election at which it is to become effective. The Englewood Election Commission, at their February 21, 2006 meeting, reviewed the two r distri ting options, as prepared by Community De elopment Planner John Voboril. The Election Commission recommends the following proposed redistricting (Option 1 ): i ~ ' I i I i District Population Registered Voters (2000 Census) (November 1. 2005) 1 8107 5120 2 7770 4917 3 7732 4860 4 8118 4933 Population% difference between highest and lowest figure = 4.99% Registration % difference between highest and lowest figure= 5 .35% If adopted, the City Council District Boundaries will remain the same. The proposed redistricting meets both the population and registered voter criteria. FINANCIAL IMPACT Minimal (cost of printing maps) LIST OF ATTACHMENTS City Council District maps : Option 1 and Option 2 Proposed Bill for an Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER. _____ _ ABILLFOR AN ORDINANCE AUTHORIZING THE PERMANENT REMOVAL OF A BILLBOARD LOCATED AT 2730 SOUTH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY . WHEREAS, at the present time there are two legally permitted billboards located at 2730 and 2896 South Broadway; and WHEREAS, the property owner for each of these properties is interested in removing one of these billboards to make way for a mixed-use infill redevelopment project located at Broadway and Yale; and WHEREAS , the site is currently encumbered with a long term lease through CBS Outdoor, a bill board and advertising agency; and WHEREAS , the property owner has worked with CBS Outdoor to renegotiate the billboard lease agreement ; and WHEREAS , the Englewood Zoning Code does not allow new billboards to be constructed, modified or permitted within the City; and WHEREAS , the City does not have the authority to issue a permit for this project w ithout City Council approval ; and WHEREAS , the Community Development staff has determined that the ign Code does not adequately address the issue of billboards and this "two for one" polic ~be · corporated in-- any new Sign Cod e revision; NOW, THEREFORE, BE IT ORDAINED B Y T HE CITY C OUNCIL OF THE CITY O F ENGLEWOOD, COLORADO, AS FO LLOWS: Section l . The City Council of the City of Englewood, Colorado hereby approves the permanent removal of one billboard at 2730 South Broadway and the rebuilding of the billboard located at 2896 South Broadway, which shall be considered a nonconforming sign subject to all the requirements of nonconforming signs . Introduced , read in full , and passed on first reading on the 8th day of January, 2007 . Published as a Bill for an Ordinance on the 12th day of January, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 2007. Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 8, 2007 11 a ii Permit for Billboard at 2896 South Broadway - Development Opportunity Initiated By: Staff Source: Community Development Depa rtment Robert Simpson , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Englewood City Council expressed an interest in providing policy input on projects involving economic development or community revitalization . RECOMMENDED ACTION Staff requests that Council approve the attached Bill for Ordinance authorizing the remov al of a billboard at 2730 South Broad w ay and rebuilding the billboard at 2896 South Broad w ay. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED There are currentl y two legall y permitted billboards located at 27 30 and 2896 South Broadway. The property owner for each of these properties, Mr. Jon Cook, is interested in remov ing one of these billboards to make way for a mixed-use infill rede v elopment project at Broadway and Yale . The si te is cu rrentl y encumbered with a long term lease through CBS Outdoor, a billboard and adv ertising agen cy. As part of the negotiation efforts to move the proposed rede v elopment fo rward, Mr. Cook and Direc to r Simpson ha v e w orked w ith CBS Outdoor to renegotiate the billboard lease agr ee ment. The proposal w ould inv ol ve p ermanently remov ing one b illboa r d at 273 0 South Bro adway and rebuilding the billboa rd at 28 96 South Broad w ay. Th e Engl ewood Zoni ng Co de does not all ow new billb oar ds to be c onstru ct ed, modifi ed o r p ermitted w ithin th e City. As a resu lt, staff does not have the authority to issue a permi t fo r this project withou t approval from City Council. Community Development staff has determined that the current Sign Code does not adequately address the issue of billboards and this "two for one" policy may be incorporated in the new Sign Code revision . With the proposed Council action, there would be a reduced numbe r of bi ll boards on Broadway and it makes way for a Broadway infill redevelopmen t project. The attached Bill fo r Ordinance is a Council authorized permit to rebuild an existing billboard at 2896 South Broadway and permanently remove a billboard at 2730 South Broadway. FINANCIAL IMPACT There are no increased financial costs associated with this Ordinance. The economic impacts from the proposed project at Broadway and Yale will be considered when more details of the project are provided by the developer. LIST OF ATTACHMENTS Proposed Bill for an Ordinance '• BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCll.. Bll..L NO. 5 INTRODUCED BY COUNCIL MEMBER~~~~~~ ABll..LFOR. AN ORDINANCE AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT NO. 1. WHEREAS, the Englewood City Council approved the Denver Seminary Planned Unit Development with the passage of Ordinance No. 52, Series of 2004; and WHEREAS, Continuwn Cherry Hills Land Company, LLC filed an application for an amendment to the 2004 Planned Unit Development; and WHEREAS, this Amendment No. 1, proposes no changes to the general character of the development of for-sale residential and limited retail uses; and WHEREAS , the key changes to the original PUD as proposed are: • Reduction in retail/commercial space, • Reduction in retail parking ratio; • The alteration in building configurations and thus building envelopes ; • Replacement of two mid-rise towers with row house-style development ; • Inclusion of a fine-dining restaurant • Changes in the tum-lane configuration to mitigate intersection conflicts; and WHEREAS , pursuant to E .M .C . 16-4-15(7)(2), major modifications to a P .U .D . District Plan must be approved pursuant to the same limitations and requirements by which such Plan was originally approved; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on Dec ember 5, 2006 , reviewed the Amendment of the Planned Unit Dev elopment and recommended approval o f this Denver Seminary Planned Unit Development Amendment No. 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council has reviewed the Amendment No. 1 to the Denver Seminary Planned Unit Development and pursuant to 16-4-15(n(2) E.M.C . finds that the P.U.D . amendment is in conformance with th e app roved Planned Unit Develop ment requirements . Section 2. The Englewood City Council finds that all required docwnents, drawings, referrals, recommendations and approvals have been received . Section 3. The Englewood City Council finds that the amended P .U.D . site plan is consistent with adopted and generally accepted standards of development within the City. Section 4. The amended P .U .D. site plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. Section 5. The City Council of the City of Englewood, Colorado hereby approves Amendment No. 1 to the Planned Unit Development for the Denver Seminary, attached hereto as Exhibit A. Section 6. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council has determined that Exhibit A, attached to this Ordinance shall not be published because of its size. A copy of Exhibit A, is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 8th day of January, 2007. Published as a Bill for an Ordinance on the 12th day of January, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 2007. Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 8, 2007 11 a iii Denver Seminary Planned Unit Development (PUD) Amendment 1 Initiated By: Staff Source: Community Development Department Tricia Langon , Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning the proposed Denver Seminary PUD Amendment 1. Council approved the original Denver Seminary PUD on September 20, 2004 as Ordinance Number 52, Series of 2004. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered Denver Seminary PUD Amendment 1 at a Public Hearing on December 5, 2006. The Commission considered public testimony and voted 8 to O to forward the proposed Amendment 1 to City Council. RECOMMENDED ACTION Staff recommends that Council approve the proposed ordinance on first reading and set February 5, 2007 as the date for Public Hearing to consider testimony on Denver Seminary PUD Amendment 1. BACKGROUND The subject property is an 11.41 acre si te at the north west corner of South Uni ve rsity Boulevard and East Hampden Avenue (US 285). Th e site was occupied by a seminary for more than forty yea rs . In 2004 it was rezoned by Council upon a request by JVF, LLC from R-3-B residential zoning to Planned Unit Development. The rezoning allowed 350 for-sale residential units and up to 65,000 square fee t of retail space. JVF, LLC transferred the site to Continuum Partners, LLC in December 2005 . During 2006 Continuum began to remodel the former adminis tration building into a sales center, demolish the remainder of the site, and construct the required west and north sound walls . The modifications in Amendment 1 are proposed to address issues resulting from infrastructure cos ts of the original PUD design . The need to redesign th e site to increase efficiency and mitigate costs, especially of the underground garage struc ture, prompted the proposed PUD amendments . As stated in Sections El b and E2b of the Denver Seminary, major modifications to the District Plan or site plan amendments may only be made pursuant to the same procedures as the original PUD was approved. AMENDMENT 1 OVERVIEW The applicant proposes no changes to the general character of the development; for-sale residential and limited retail uses are maintained in Amendment 1. Key changes to the original PUD proposed in Amendment 1 focus on the following: • Reduction in retail/commercial space, • Reduction in retail parking ratio, • Alteration in building configurations and thus building envelopes, • Replacement of two mid-rise towers with rowhouse-style development, • Inclusion of a fine-dining restaurant, • Change in turn-lane configuration to mitigate intersection conflicts. FINANCIAL IMPACT In 2004 it was anticipated that the original PUD would generate approximately $3 million in use tax and building permit fees over its four year construction phase. The reduction in fees associated with rowhouse development rather than two mid-rise towers is anticipated to be offset by the increase in material costs since that time. The original PUD projected a net $700,000 annually in additional property and sales tax revenues for the City's General Fund. This amount could be adjusted given the scale of the proposed changes; however, it is not expected to change significantly. As with the original PUD, the applicant is not requesting financial assistance from the City. UST OF ATTACHMENTS Planning and Zoning Commission Findings of Fact Staff Report Bill for Ordinance 0 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA ITER OF CASE #ZON2006-00003 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS TO AMEND ) FINDINGS OF FACT AND THE DENVER SEMINARY PLANNED UNIT ) CONCLUSIONS OF THE DEVELOPMENT AMENDMENT 1 ) CITY PLANNING AND ) ZONING COMMISSION ) ) INITIATED BY: ) Continuum Cherry Hills Land Company, LLC ) 1430 Wynkoop Street, Suite 100 ) Denver, Colorado 80202 ) Commission Members Pr esent: Commission Members Absent: ) Brick, Bleile, Mosteller, Diekmei er, l<noth, l<rieger, Roth, Welker Hunt This matter was heard before the City Planning and Zoni ng Commission on December 5, 2006, in the City Council Chambers of the Englewood Civic Center. Testimony was received frorn Staff, from the applicant and from area residents. The Commission received notice of Public Hearing, Certification of Posting, Staff Report and supplemental information from Staff, which were incorporated into and made a part of the record of the Public Hearing. After considering statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the request to amend the Denver Seminary Planned Unit Development Amendment 1 was filed by Continuum Cherry Hills Land Company, LLC on October 3 0, 2006. 2. THAT Public Noti ce of the Publi c H ear ing was given by publication in the Eng l ewood Herald on Novemb er 24, 2006. 3. THAT the property was posted as required, said posting setting forth the date, time, and place of the Pub l ic Hearing. 4. THAT Senior Planner Langon testified the request is to amend the Denver Seminary Planned Unit Development. Ms. Langon testified to the criteria the Commission mu st consider when reviewing an amendment application . Ms . Langon further testified that Staff recommends approval of Amendment 1. 5. THAT testimony was received from the applicant, Continuum Cherry Hills Land Company, LLC. 6. THAT testimony was received from residents regarding the propo sed amendm ent. 7. PUD DISTRICT PLAN THAT the PUD District Plan is in conformance with the District Plan requirements and the Comprehensive Plan . 2 . THAT it is consistent with adopted and generally accepte d development standards in the City of Englewood. 3. THAT it is substantially consistent with the go als, obj ec tiv es, d es i gn guidelines, policies and any other ordinance, law or requirem e nts of the City. 8. PUD SITE PLAN 1. THAT the PUD Site Plan is also in conformance with the Di stri c t Pl an requirements. 2 . THAT all required documents, drawings, recommendations and approvals have been received . 3. THAT the PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood . 4. THAT the PU D Site Plan is substantially cons istent with the goals, obj ec tiv es and policies and/or any other ordinance, law or requir em e nts of the City. CONCLUSIONS 1. THAT the app lication was filed by Continuum Cherry Hills Land Company, LLC seeking approval to amend the Denver Seminary Planned Unit Development. 2. THAT proper notification of the date, time, and p lace of the Public Hearing was give n by publication in th e offi cia l Ci t y newspape r, and by post i ng of the property fo r th e req uire d l en gth of t i m e. 3. THAT all t es timony re ce ived from staff memb ers, app l ica nt t ea m m embers, and the ge ne ral public has been made part of the record of the Pub lic H ea ring . 4. PUD D ISTRI CT PLAN 1. THAT the PUD District Plan is in conformance with the District Plan requir ments nd the Comprehensive Plan . 2 2. THAT it is consistent with adopted and generally accepted development standards in the City of Englewood . 3. THAT it is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirements of the City . 5. PUD SITE PLAN 1. THAT the PUD Site Plan is also in conformance with the District Plan requirements. 2. THAT all required documents, drawings, recommendations and approvals have been received. 3 . THAT the PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood. 4. THAT the PUD Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requir ements of the City. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the application filed by Continuum Cherry Hills Land Company, LLC to amend the Denver Seminary Planned Unit Development be recommended to City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 5, 2006, by Ms. l<rieger, seconded by Mr. Bleile, which motion states: AYES: NAYS : ABSTAIN : ABSENT : CASE #ZON2006-00003, DENVER SEMINARY PUD AMENDMENT 1 AS PROPOSED, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. Brick, Bleile, Diekmeier, l<noth, Krieger, Mosteller, Roth, Welk e r None None Hunt The motion car ri ed. These Findings and Co nclusions are effective as of the meeting on D ece mber 5, 2006. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair {' C T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: DATE: Rob ert Simpson, Director, Community D evelopment Trici a Langon , Senior Plann eJ{ v Dec ember 5, 2006 SUBJECT: Case ZON2006-00003 -Public Hearing Denver Seminary Planned Unit Development Amendm ent 1 APPLICANT: Continuum Ch erry Hills Land Compan y, LLC 1430 Wynkoop Str ee t, Suit e 100 Denve r, Colorado 80 2 0 2 PROPERTY OWNERS: C ontinuum Partners, LLC and Thre e City Centre Company, LLC 1430 Wynko o p Str ee t, Suit e 100 D enve r, Colorado 8020 2 PROPERTY ADDRESS: 3 401 South U ni ve rsity Boul ev ard RFQUEST: Th e app li ca nt has su b mitted an appli ca ti o n to am end th e D enve r Se minary Plann e d Unit Deve lopmen t (PU D ) w hi c h was approved by C ity C o u nc il on Sep t ember 20, 2 0 04 as Ordinan ce Number 52, Series of 2004. RECOMMENDATION : The D e partment of Community Development recommends that the Planning and Zoning ommission approve the Denver Seminary PUD Amendment 1 as proposed and forward a recommendation of approva l to City Council. LE GAL DESCRIPTION : Lots 1 a nd ::?., Ke nt Pla ce Fir st Filing nn d nit Development. 10 0 fn I w d P.rl,., 'uY Cn I PHONE 303 -762 -2342 f AX 303 -783-6895 PROPERTY LOCATION AND SURROUNDING LAND USE: The subject property of this PUD amendment is located at the northwest corner of South University Boulevard and East Hampden Avenue. Land to the north and west of the subject property is within the City of Englewood . Adjoining land to the north is zoned R-1-A Residential Single Dwelling Unit District and contains detached single-unit dwellings. Adjoining land to the west is zoned MU-R-3-B Mixed-Use Residential/Limited Office-Retail District and contains an attached single -unit dwelling development known as Kent Village. Land to the east of the site, across South University Boulevard, is within unincorporated Arapahoe County and is zoned R-2 (County zoning designation). Land south of the site is within Cherry Hills Village and is zoned R-1 and R-3A (Cherry Hills Village zoning designation). Land within these areas contains residential detached single-unit dwellings. PUD AMENDMENT PROCEDURE: As stated in Sections E1 b and E2b of the Denver Seminary PUD District Plan Development Standards, major modifications to the District Plan and site plan amendments may only be made pursuant to the same procedures as the original plans were approved. Therefore a pre -application neighborhood meeting, City review and public hearings before the Planning and Zoning Commission and City Council are required . BACKGROUND: The Planned Unit Development is a rezoning process that establ i shes specific zoning and site pl a nning criteria to meet the needs of a sp ecific deve lopment proposal that may not b e accommodated within existing zoning development regulations . A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses. The Denver Seminary PUD is an 11.41 acre site previously occupied by a theological seminary for more than forty years. The site was the subject of a rezoning application by JVF, LLC (See Exhibit B: Denv er Seminary PUD Site Plan). The rezoning was approved by Council on September 2 0, 2004 as Ordinance Number 52, Series of 2 004, with the following conditions: 1. D e di ca tion of th e So uth Uni ve rsity Boul eva rd c ontinuou s rig ht turn lan e. 2. Co nst ru c tion of t he pu b li c im p rov emen t s as propo se d and as a co nditi o n o f t h e PUD approval. 3. Prior to recording any Development Restrictions and Cove nant documents, the City sha ll review such documents to assure that the documents are cons ist ent w ith the PUD . 4 . Appli ca nt sha ll provide two reco rded copies of all Dev elop m e nt Res tr ictio ns and Cove nan t doc um e nts to the City. The I roperty was tran sfe rr ed from JVF, LLC to Continuum Partners, LLC in Decembe r 2005. Continuum co mp l eted demol ition of the former Seminary bui l dings and began co nstru ction of th e required sound wa ll as well as a sa les cen t er in the former administration bu il ding. The a1 plicant held a neighborhood meeting on proposed PU D amendments and sub s qu ntly submitted th Amendment applica tion on Oct ober 30, 2006. City 2 departments and divisions and outside review agencies reviewed the amendment application. NEIGHBORHOOD MEETING SUMMARY: Pursuant to the Denver Seminary PUD amendment procedure, the applicant conducted a neighborhood meeting on Thursday, October 12, 2006, prior to submitting the Amendment application . Notice of the pre-application meeting was mailed to owners of property within 500 feet of the site. The notification area included properties within Englewood, as well as Cherry Hills Village, Denver, and unincorporated Arapahoe County. Meeting notes are attached to this report. A meeting summary is attached (See Exhibit C). CITY DEPARTMENT AND DIVISION REVIEW: The Amended PUD District Plan and site plan were reviewed by the City's Development Review Team (ORT) on November 7, 2006. Identified issues were addressed by the applicant and the final Denver Seminary PUD Amendment 1 packet was submitted on November 20, 2006. The final plans were again reviewed by City agencies. Public Works Department staff expressed concerns that the snow storage areas provided on the site ma y not be adequate for accumulated snow from a large or multiple storms. As this is a private development the applicant was made aware that sidewalks must remain clear and snow may not be stored within the public right-of-way and that the City will not plow or maintain the private roadway within the PUD. OUTSIDE AGENCY COMMENTS: Preliminary plans of the proposed D e nver Seminary Planned Unit De v elopment w ere referred to Arapahoe County, City of Cherry Hills Village and the Colorado Department of Transportation (COOT) for review and comment. Comments from these outside agencies are attached as Ex hibits D -F. The comments were provided to the applicant and City staff fe els th at outside agen cy comments have been adequately addressed in the final submittal. AMENDMENT 1 OVERVIEW: U nless modifi ed throu gh thi s Am endm e nt 1 appli ca tion, all condition s a nd requirements of th e ori gin al PUD rem ain in effect. Pl ease see Ex hibit G : PUD a nd Am endme nt 1 Co m pa rison for side by side comparison of key modification s. Site Plan : The applicant is proposing the site plan amendments to address issues resulting from infrastructure costs of the original PUD design. The need to redesign the site to increase efficiency and mitigate costs, especially of the underground garage structure, prompted the proposed PUD amendments . Permitted U ses: Though no modification to the Table of Allowed Uses is proposed, the fo ll owing use related amendments are proposed: • The maximum amount of retail/office area is reduced from 65,000 square feet to 51 ,500 square feet. • The first floor of Condominium To w er 2 is now proposed for up to 4,000 square feet of retail space. This 4,000 square feet area is included in the maximum retail/office area calculation . • Buildings A & B are proposed to be replaced with 4 "rowhouse" structures, that ha v e on-grade parking for each unit. Residential Density: The proposed number of residential units remains the same at 350 units and the residential density remains at of 30 .6 7 units per acre . Phasing: The development is anticipated to be done in two phases of 12 to 24 months each with and completion of the project by the end of 2011. Setbacks: A setback is the minimum distance a structure must be located from a property line . The east setback remains unchanged . • Minimum west setback is increased from 3'6" to 6 '6". Minimum east setback is reduced from 27'5" to 24 '6" in order to accommodate increased road widt h. Minimum north setback is increased from 22 '2 " to 26 '2" Building Envelope: A building en velope establishes the limits to th e are a in which structural development may occur. Establishment of the envelope does not mean that all buildings will fill the envelope, only that the structure must be contain ed within the enve lope area . Though Amendment 1 redesigns the site plan and the individual building envelopes are alte red , it maintains the general location and layout of the buildings. The proposed ori entation of Condominium Towers 3 and 4 have been altered resulting in building enve l o p e modifications. Under Am endm ent 1, th e townhouses adjacent to the north prop e rty line are remove d and the Tower buildin gs are extended to the no rth . Building Height: A ll b uildin g hei ghts in Am endm ent 1 are b ase d on Unite d St at es Geo logica l Su rvey (USGS) eleva tion s and are summ ari zed o n PUD-3. Unl ess sp ec ifie d, building height is inclusive and all portions of t he bui lding and its projectio ns must be con tain ed within the stat ed height limit. The proposed building heights are the same or less th an th ose approved in the origina l PUD . Though Condo Tower 2 is listed at 150 feet above grade its overa ll heig ht is the same as Building E in t he original Plann ed Unit D eve lopment; the first floors are at th e same el evation, but the first floo r is 6 feet above grade at this lo ca tion. • Reta il buildings hav e been d ec reas ed from 5 7 feet to 41 -43 feet with a ma x imum 20 feet t owe r stru c tur e on Building 2. • Eas t and sou th perimeter townhous e buildin gs rem ain at 46 fe et. • Rowhouses 1 through 4 ran ge from 4 2 to 44 f ee t in height and rep l ace Buildings A and B, which were approved at 109.5 and 98 feet respectiv ely. • Rowhouse 5 is propos d , t 42 feet which is less t han the 46 f ee t approv d for Buildings 1 ;rnd 1 which it replac s. 4 • Condo Tower 4 remains at 179 feet and the footprint is amended t o i nclude a 155 feet high extension of the footprint to the north. landscaping: The applicant is proposing a 26% decrease in the amount of landscaped area from the original PUD . However the proposed amended area {146,037 square feet) is greater than the minimum area that would be required for a standard multi-unit residential zone development. Though the area is reduced, the number of trees and shrubs remains as approved in the original PUD, which increases the density of plantings. Though the landscaped area is reduced, staff supports the reduction since it provides better circulation and emergency ac c ess, wider streets, more surface parking, and greater setbacks of Towers 3 and 4 to adjacent properties to the north . Fencing and Signage : No fencing or signage amendments are propos e d . Parking: The original PUD provided 462 spaces for retail use which equates to 7.1 spaces per 1,000 square feet of retail area based on 65 ,000 square feet of retail area. The PUD Amendment reduces the retail space to 51,500 square feet and proposes 206 retail spaces, or 4 spaces per 1,000 square feet of retail area. This ratio is greater than the City's minimum parking standard for retail and office use of 3.3 spaces per 1,000 square feet of gross leasable area. It is comparable to the Urban Land Institute and National Parking Association recommendation of from 4 to 4.5 spaces per 1,000 square feet for retail use. The original PUD proposed 832 resident/guest parking spaces based on the maximum 350 units (2.3 spaces per un it). Amendment 1 proposes 789 resident/guest parking spaces for the same number of ma xi mum units (2 .2 spaces per unit). Staff believes th at an ad equate number of re sidential and retail pa rking spaces are provided in the PUD. The PUD also provides bicycle parkin g per City standards for the mid and hi gh-ri se buildin gs. Shadow: Du e to th e reco nfi guration of Condominium Tow e rs 3 and 4's building en ve lo pe, th e shad in g effec t o n Eas t Floyd Place is ex pect ed to c reate d eepe r shadow for shorter period of the day. The exact shadow w ill not be de t ermined u ntil the fina l bu ildin g design is submitted. The northern extension of Tower 4 will not exceed 155 feet. Traffic: As part of the proposed site p lan amendments the interna l road width has been widened to 26 feet. This will provide improved traffic circu lation and emergency vehicle access. As part of Amendment 1, the applicant submitted an updated traffic analysis by Fox Higgins Transportation Group, LLC. The analysis recommends that University/H ampden intersection would be better served by maximizing the length of a single left turn l ane on sou thbound South University Boulevard rather than providing dual left turn lanes. The an l ysis st at s: " ... that any potential capacity benefit from a dual southbound left-turn lane would be offset by adverse negative effects, including conflicting left-turn paths, narrow Ian widths, and offs t through-lane alignm nts." This finding was presented to the 5 Colorado Department of Transportation; Region 6 Traffic provided conceptual support for the intersection amendment (See Exhibit D). Amendment 1 also proposes extending the acceleration lane from the westbound exit of the site onto East Hampden Avenue. The signalized intersection at the South Univ ersity Boulevard entrance to the site and the continuous right turn lane from University to westbound Hampden remain unchanged. Drainage: A Preliminary Drainage Study prepared by MB Consulting, Inc. was submitted and reviewed by the Public Works Department. The system is proposed to drain to underground detention located to the north of the site (under the proposed roadway and landscape buffer) and will tie to the existing system in South University Boulevard per the original PUD. SUMMARY: The applicant proposes no changes to the general character of the development. Key changes to the original PUD proposed in Amendment 1 focus on the following: • Reduction in retail parking ratio, • Alteration in building configurations and thus building envelopes, and • Change in turn-lane configuration to mitigate intersection conflicts. Community Development feels th at althou gh multiple i ndi v idual amendments are proposed, each fine-tunes the original PUD and therefore Am e ndment 1 will afford an improved development. The original Denve r Seminary Staff Report stated the goals of a PUD "should be to ensure a development that mitigates issues , integrates effectively, and establishes a new standard for future development in the City." The proposed changes of Amendment 1 accomplish these same goals. PLANNED UNIT DEVELOPMENT CONSIDERATIONS: Am endments to the D enver Seminary Planned Unit D evelopm ent are addres sed under the sa me proce dure as the ori ginal PUD appli c ation . Th erefo re th e Co mmiss ion mu st det ermin e if th e mod ifi ca tions propose d in A me ndm ent 1 m ee t Di strict Pl an and Site Plan criteria as estab lished i n the PU D O rd in ance. Consideration at this time is made on ly to the modifications addressed in Amendment 1. PUD District Plan The District Plan sets forth the zoning regu lations under which the proposed amendments wi ll occur. 1. The PUD District Plan is, or is not, in conformance with the District Plan requirements and the Comprehensive Plan. Amendment 1 is in conformance with the applicable requirements for the general location, arrangement, extent and character of the development. The proposed amendments do not alter the Comprehensive Plan objectives for housing, cultur I rts and bu siness and employment identified in the original PUD. 6 / 2 . All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning Amendment 1 have been received and approved. 3 . The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The Amendment 1 District Plan remains consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. Amendment 1 is in conformance with all other ordinances, laws and requirements of the City. 5. When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area, the Plan is consistent with the EDDA approved designs, policies and plans. Not applicable. PUD Site Plan The Site Plan sets forth the site planning and design parameters under which the proposed amendments will occur. 1. The PUD Site Plan is, or is not, in conformance with the District Plan requirements. Amendment 1 establishes the arrangement, orientation, location, and the building envelopes on the site which are in conformance with the District Plan. 2 . All required documents, drawings, referrals, recommendations, and approvals have been received. All required site plan materials have been received and approved. 3 . The PUD Site Plan is consistent with adopted and generally accepted standards of development of th e City of Englewood. Amendment 1 is consistent with development standards set forth in the District Plan. The Development Review Team reviewed the site plan and determined that the proposal meets es tabli shed City development standards. 7 4 . The PUD Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan presented in Amendment 1 is in conformance with all other ordinances, laws and requirements of the City. ATTACHMENTS: Exhibit A: Denver Seminary PUD Amendment 1 Exhibit B: Denver Seminary PUD Site Plan Exhibit C: Neighborhood Meeting Summary -October 12, 2006 Exhibit D: COOT Region 6 Email dated November 6, 2006 Exhibit E: Arapahoe County (Engineering) comments dated November 13, 2006 Exhibit F: Arapahoe County comments dated November 14, 2006 Exhibit G: PUD and Amendment 1 Comparison ., .. N ~ % ... 2. } ~ C z I C % ;;; < "' •T- AUJACENT ZONING MU-R-J-B Cl TY OF ENGLEWOOD ~ -,,-r 1 - ,,.,,,..,,-r m ,..· I ,,·-•· sr-0" ; ~ r2 ·-2·: i ! I . ~l I I I r~r ------ •2-5t 2!9'-0" . 2•·- ;, I I ~ 'o "r.l .• i - D I ~7 uP TO (5) RES J>aTS - MAX. HEIQH "'°" GRAOE -46 rm 21· _,. J6' -o· r-r 2•·-0 I ;1~1 -RAMP TO CAAAGE 1!1'-"" 14·~2!" IICTM. / cma: 1,·_,., J • MA X. HEIGHT "-80\/T'. GRADE • 57 rEET --------- ( b •• ' ' "''i<l :11 .b. ' ' ,_. ,_ i 'o ,1,, , ~ 1 . 11 I V, , 1•1 Jt-o" r ------~All KIOSK~.__/ MP PARtONC _/ 21t-o· I ,o·~rt ~ IIU!lMICl8 UP TO (I O)RESIO ENTIAl UNITS MAX. HEIGH T AB~ GRACE • 46 rE£T __ , UP TO (8) RESIDENTIAl UNITS liT CAl,IP TO GARAGE o I I MAX . HOGHT FROM GR ACE • 46 FEET ,_ RAMP TO GARAGE I .. j ~,~ '-, b ~i I ? 1:> • I ~i J BUILDING ENTRY (SUBJECT TO CHANGE) 8UIUllNG 8 : b RESIO:"TIAl I! ~ MA X. HEIGHT AB O\/T'. GRACE • 98 rEET Jt-o·,- I 1i'I 'b ~, ? I !2 1 ;1 ~J * BUILD ING ENTRY (SUBJECT TO CHANGE) l!IUllDINO C RESIDENTIAl MAX. HEIGHT ABOII!: GRACE • 179 FEET BU ILDI NG ENTRY (SUBJECT TO CHANGE)-~ oc ~· r-RAMP TO , GARAGE ~-ft ---- C, z ', :::J .:: .. w ~D RESIDENTIAl 215-o" IIUllDINC E RESIOENTIAL ,s-o· CtUI HOUSE COMMON BU ILDING 90'-rf 11·-· M.ll9iC F 15·-o·,- RESIDENTIAL ~1r-o·•t-o· rr-o·. . ~r-o·' IIUIIDINC 3 u 0 rL ~ 20-1 11·~ li .. u ! w !? en ~ .. , j 13 ... UAX. HOGHT ABO\/T'. GRADE • 121 rE[T \ ', .\ \ ... ------ MAX HEIGHT ABO\/T'. GRADE • 144 rEET MAX. HEIGHT AB O\/T'. I GRADE -60 rEE T I MAX . HEIGHT ABO\/T'. GRACE • 167 rEET -BUILDING ENTRY 11'1' (SU8..£CT TO : ~ RAMP TO GAR~~ IJ ' -ENTR Y GATE ....-- IIUUllHC 1 UP TO (4)RES10ENTIAL UN ITS MAX . HE IGHT ABO~ GRADE • 46 rEET UP TO (8) RESIOENTIAl UNITS MAX. HEIGHT rR OM GRACE • 46 FEET Jl'-0" I 26'-0" I \> ... o,~~ \._ lritAIL KIOSK ANO TEUP PA RKIN G RAMP TO GAR AGE '' x li~ ., ;:;, z N w I: 0 0 .. :I < :r ~i IIULDINQ 2 I --;---,-.------ UP TO (2) RES. UNITS MA X. HEIGHT 011!: GRADE ~mT b 1: j j t,l ; - '--EXlS TING CURB AND GUTTER P\A 1:, ('1.6011) ADJ ACENT ZONlr<G R-2 ARAPA~OE COUNTY EBN 1. PROPOSED SITE PLAN SCALE: 1"= 50'-v" " so "' El(J STING ZONING TO ™I: NORTli EAST R-2 ARAPAHOE COUNTY ... en C w m X :Y- O" f""i- OJ ~ FP.iif2° p;;pgt:¥1c:!Si!t!t@·s· ~-~ -SL .._,.==== Exhibit C Neighborhood Meeting Proposed Planned Unit Development Amendment Denver Seminary Planned Unit Development Subject Site : 3401 South University Boulevard Applicant: Continuum Partn ers, LLC Neighborhood Meeting: A pre-application meeting was held on October 12, 2006 at 6 :30 pm in the City Center Community Room. As required by Planned Unit Development (PUD) regulations, property owners within a 500 feet radius of the site of the proposed PUD amendment were notified by mail (See attached letter dated September 29, 2006). Attendees : Public: Continuum Partners, LLC David Owe n Tryba Architects MB Consulting Fox-Hi ggi ns City of En glewood: Introduction/Welco me (See attached sign-in sheets ) Tom Gougeon, Chi ef Deve lopment Officer Kevin Foltz, Justine Willman Rob Straka Dean Foreman Ricardo Santos Da vid Center Stephen Wilson Steve Tuttle Tr icia Lan gon, Senior Plann e r Kevi n Foltz welcomed tho se in attendance and introduced members of the project team. Mr. Foltz provided reassurance that Continuum Partners is making progress on of the site and th e development is moving forward. Continuum Partners is a local de ve loper and their goa l is providing a connec tion between long-t erm sustainable va l ue and urban design through project s that fit in the co mmunity. d the proposed amendments: • Redu ce ret ii space from 65 ,000 to 53,000 sq uar e f et • R duce r tail building height from 3 st ories to 1 and 2 story buildings • Redu e ret ail p rking ratio to 4 per 1,000 sf Provide 50 addiNonal surface parking spaces Fine-dining restaurant added to g,round filoor of tower adj.acent to retail (Bu ilding D) Redesign of garage Reduce residential units to 300 units from 350 units Replace 5 and 7 story towers (Bui,ldiiings A & B) with aUey-served rnw-houses Eliminate townh omes on the north (B'Uildings 3 & 4 ) Replace east side townhomes ( Buildings 1 & 2) with seven alley-served rnw-hoUJses Widen 1internall strreets Provide 'landscaped ring road 0111 north side Provide 50' setback t o north buildings (B uildings C & F) Refigure Sou~ U niversity's eastboun d 2 t um Janes t o orne !longer lla 1rne Adju stment in envetope of r esidential t ower (1Bui 'l1di1ng F) depending on 1layout of bu1illd,i111g Mr. lfo1re1nan discussed tl"'l e oha ir acter of ~he deve:l opmen1t airnd 1i'l"'ld1ica ted t hat the lbuuldi ngs were to be designed design 1to create the intimacy, scalle arnd character of am dldl E111g1ish vi 'll age. Mr. Fo.ltz stated that grotrndbreakirng 1is anll:!idpated in t he first qua1rt eir of 2007 wi~h an opening of tJ1e fiirst buildings in 2008. Intersection 1irnprovements wou ld be addressed in Phase 1 . !Project compJetJiorn wouJd ocour in 5 y ears . Public Questions and General Discuss1ion Items : The project team addressed t he followirng issues and questi ons : 'Signage: No proposed changes, sigrns will follow the approv ed PUID Four-sided architecture : Intended to provide attractiveness to all street sides Lighting : Lighting designer is on the Project Team. Pedestrian scale li ghti ng with cut-off fixtures and no spillage ofif site. Lighting: Provided at intersections Drainage : Underground detentiiorn prov ided 1.rnder roadway. • Shading effect on East Floyd !P la ce: possible deeper shadow for shorter period of the day depending on the la y out of t he tower (Building F). Construction access: Off East Hampden Avenue Pedestrian access off East Hampden Avenue or South U ni versity Boulevard: at intersections. Kent Village access : Not desired by Kent Village . Attachments: Sign-In Sheets (4) Submitt d bv : Tri c ia Langon , enior Planner it of Englewood o mmun it y D ev elopment D e partment 2 -..... pplicalion Neighborhood Meeting jecl: Amendments to Denver Seminary Planned Unit Development 3401 South University Boulevard Name \ \itc.. I<~'- I ~..._ · LU ,~ Is °'" ( ·:.J.~ J U-( I \ t.i1{\l\A.A M~ } ) 1~ , _ C ~ n s 5 F i E_.t. , --::> Address ::!./ b ~ ... E P / oy: cL _ fLf' 3·30/ $. /'/ ~ i.;f'c:Je-e cfi_Z !;380 " C)!fykn,_L 0 -w .--). --~ { ) J ~ v j\ ,·A. C( c. ~ 4- _,zt;;(_':C \ ~ . ·f liJL.( {\ {l{,l( ~!>'"1 e~ P~ ~·?SS ~ Cc'"'-vr\.L·r;;./J~. ct;... 2-)~ ~ i ~. R(.,t~ :;:,;: :)u;;.. .> k? S." -c., .;t.:11:: ~ Please print clearly -Thank You I October 12, 2006 City Zip Code /. I -~~~ /~] {!011 _.~ /'l . ~-v?,.,-Z !)"b k)d,:W Yc7 l/.::s {~u.;; I ta.'Ptd $0113 .,.. .. ~ ,1 ., I c::::.7 ~--·~/ h .... ..:-·-· ~ 0 0 I I ::> ~\ L•\ ~.t..Jto) I 'e() l l ~ ~vt>eJ.-.. <!:)D it~ ,( 1( i ) ~l/7 (/ ii s-c;,,; ( I "'r ~-·~ ..., -!f!t;j;§II,;?'.·! ~-...;......;,... ,.,..-}s;.e .. r '-.l.1111licalio n Neighborhood Meeting ·eel: Am~ndments lo Denv~r Seminary Planned Unit Development 3 401 South University Boulevard Name Address \~"'-or { 3 ~ 't "1 ~-Clt~ · · ~cl ·,_ ~G-~~ ~ +s-..,; S , t a,,~ .~ S t"'·t C I /l ~J; fl ./'J ~~1.,<-'-J~ r . 3 't :rs s_ luLw.H_ ~1H e:u,= I L _ J, S h_ (/.ec I 3'?'1 S S. ~ dtc->1 bi~)t.-Q; ( /I l St:\\~~ ~4~ ~. l,C\vvWv\Jii-Q C ,,22 ~9//E ~~~! . . 0 .""'{ ---'I ,, v )/.' ,/. µ'~ ~---- Please pi-int tfeady = Thank You I - October 12, 200G City Zip Code 8Ql~'---·~ (:.v G c£~~11) Y,011:; E t-l(jLt W eel) ~0 /{3 ,,.. /,)(/""' ~-- €7t1t1~\tb~, ~~l\:7 ;, /t ~ I\ :ro I/ Q ea-Application Neighborhood Meeting bie t:l: Amendments lo Denver Seminary Planned Un it Development 3401 South University Boulevard Na.me , ·, £ ·~tLnt_ ll( / LLrnctf, -. .. ~ t'(~ [ ~ ~iVi? 'f-'kl,f 6~r1-S-~"' ' Md~~· Address \~ LO t.J r\'Kccp ~r .ii:{ e:.o h L ,\JJJ_)) C O ~ ~~t:~ s .l2Ul ~ :/17 o J". (( L U )f, .J : _..,4'd ~ )· +· :. , -.,,; ,/1 -'·f;_ ,-:J ' ,. w, ; . , \ . .. . _,. . ,." /J S" , ...:i '( 3 ~ ,.l , , \ t? f e , ·1 --·: . . . " ' "' e.·· Ile .~-..~(' /7 ,, , '--ee..c~ ·., ,::.. / \. .. ~ ... '"' " -.· .t ·"' . \ • ' \zJc:., ... · ..J ,-1,.,\..1.~'-•..,. I I ...._ s"",::. <;. Q.~«::~- Please print clearly -Th ank You I October 12, 2006 City Zip Code z~ ~~,~,~~,,~ J //3 ..,,, v r V J,/ } ( <?"O / I _i> I I, ,.,,. ·' ~' .. \\_ \.,\ 1>plicalion Neighborhood Meeting iett: Amendments to Denver Seminary Planned Unit Development 401 South University Boulevard Name Address Jl ¥-zf '-2 ,· Qr ,_~ 3ftfo S. '7?aa. --~------- Tv'> s, £ ,4 l"l#Y t ' (~,. ?vf2..r~ ~ '{ ()cJ S' • 6 L.--'-<l .;<-C . I , (\\..~ ... I City I I e -; le:.l<-t)cxe ~411/ .- " J L\'W S . ~7tri~ ~- .) 3 2. o s. V~1-s ~-I &-1 ..... u.JI ~ l .. lmr.-:d-"·bo/ fj:, trrY"'\ -~ O 0 ti a I s;:-S t~ ~f C; -{-~ ,~L _ _ _ I ~ ty.b~{."~ I 1 ~-o, -( (_ CJ (p n .. .o o..c\.:'.) br0t. nu .. l~ It n. Q..d., -~ bL Please print clearly -Thank Vou ! - Oclober 12, 2006 Zip Code 80 1(3 (,j . '/'( 1- [t1.1( ( 3 ~c 11 FtJ ii J ~?I(3 (_ Exhibit D Tricia Langon From: Hayes , Patricia (Patricia.Hayes@dot.state.co.us] Sent: Monday, November 06 , 2006 5:44 PM To: Tricia Langon Cc: Sheehan, Bradley; Hersey , Steven ; Culp, John Subject: 3401 South University Blvd . Denver Seminary PUD Dear Tricia , COOT is aware of the proposal for the Denver Seminary at 3401 South University. The rezoning and redevelopment of the NW comer of University and Hampden has the Conceptual consent of the Department of Transportation. We have been working with the developer and the consultants for some time . Including the amended changes to the traffic study and the justifications for it. The amended traffic study to revise the SB double lefts to a longer single left to feed EB Hampden has been analyzed and justified to our satisfaction. We have determined a satisfactory level cif conceptual agreement on the project proposals but have not satisfied final plan requirements yet. I hope this meets your needs. Sh~uld you have questions regarding this response please call me at (303) 512-4268. Sincerely, Patricia Hayes R6-Access Manager - Exhibit E .. : ~-. ' . . . ·.:· .· .. "i:>ubl.i<; Works ancl·.Devclopment .: .. '· : . . .· • , I : • • ' . • ._ • -~ ~ •: ! • •.:. ~ : j :: ,_. • 1•/ -• : 10730 E. Briarwood Avenu e. Suite 100 Centennial , Colorado 80 11 2-3853 Phone : 72 0-87 4 -6500 Fa x: 303-794-32 01 TDD : 720-8 74-65 74 1-1111,w. co .o rnpnl me. co . us public1vo rks@co.nrnpnlmc.co.11s November 13, 2006 DA\llll M. SC I IMIT, l'.E. Tricia Langon, Senior Planner City of Englewood Community Development Department 1000 Englewood Parkway Englewood, Colorado 80110 RE: Denver Seminary PUD Amendment Case No. ZON2006-00003 Dear Ms. Langon, Arapahoe County Engineering Staff appreciates the opportunity to review th.is case, and we thank you for :,o ur refe1rnl requ e st. The Engineering Staff would like to comment on the following issues. Additionally, Arapahoe County Engineering Staff would appreciate continued involvement in this project as it progresses . I . Engineering staff d id not receive a copy of the Traffic Impact Study Amendment or Drainage Report Amendm e nt. Please forward th ese documents to Engineering staffs attention for review and conm1ent. Staff is specifically interested in the Traffic Impact Study Amendment and the discus sion th ere in relating to the proposed reconfiguration of University. 2. Please note tha t there is an execut ed agreement b etween the 01iginal developer and the Chen-y Hills Heights Water and Sanitation Dist1ict. As you a re aware, this neighborhood is within the limits of unincorporated Arapahoe County, and a great deal of time was spent between the de eloper and the neighbors working on the Agreement. Arapahoe County assumes that the current develope r will fulfill the tem1s of this Agreement. Please note on the phasing plan when the off site improvements established to in the Agreement, such as the wall and sidewalk with corresponding landscaping on the east side of University, will be comp leted. 3. Please note in the Phasing Naintive th at all improvements lo cated within unincorporated Arapahoe County will require separate approval from Arapahoe County's Public Works Staff. 4 . note that Arapahoe County will require c nstrnction plan submittal, review fees, and all ary I ennits for all improvements proposed in the boundary of unincorporated Arapah e Th e ngin ering finn as ociatcd with this project h submitted constmction Oir,·ctor 100 ..C le I l \\ drawings for roadway improvements, but not offsite improvements or the traffic signal plans. 5. Because so much of the PUD is conceptual at this point, Arapahoe County Engineering would appreciate remaining as a referral agency throughout the process. 6. To what extent will the details of this project be coordinated with surrounding neighbors? Please assure that the neighbors within unincorporated Arapahoe County are aware of the rezone application. Please feel free to call me if you have any questions. Sincerely, Bye· Engineer Arapahoe County Public Works and Development Cc : Charles V . Haskins, Manager, Land Development Services Sue .Conaway, Planning Division Manager Carol Ktihn, Planning Case Manager Katty Staller'· Case File AABRDR Exhib it F Arapahoe ~~~~2;,r COMMUNITY DEVELOPM ENT DEPARiMENT llllll Pl 'G Public Works and De velopm e nt NOV 2 0 2006 November 14 , 2006 ENGLEWOOD, COLORADO 10730 E. Br ia rwood Aven ue, Suite 100 Cen ten nia l , Co lo rado 80 112 -JSSJ Ph one: 720-874 -6:iOO Fax: 303-794 -320 1 TDD: 720 -87'1 -657 '1 Ms . Trisha Langon Ci ty of Englewoo d www.co .11n11,,,J,oc.co.115 JJt 1/1/icworb@rn.11m1111 /111 c.c/l .11.~ Community Development Departm ent 1000 Englewood Parkway Englewood , CO 80110 RE: Case ZON2006-00003 -Denver Seminary PUD Amendment Dear Ms. Langon : ll/\\11[) M ~Cll~IIT. l'.r t111 ,·c1,11 Thank you for the opportunity to comment on the above -re ferenc ed project. Arapahoe County has carefull y reviewed the proposal to amend the PUD for the 11.41 -acre Denv e r Seminary Site. From th e Jetter of intent, it would seem that the density would be reduced, but it appears th at the density remains at 30.67 (PUD-3). With the r emov a l o f 50 units , the density should be reduced to 2 6 .2 9 du/ac. This density change is not r eflected in t he tabl e on PUD-3. Many of our prev ious co ncerns rem ain and th ese are outlined b elo w: ~ The m ass and sc ale of the proposed development is not in harmony with the existing adjacent use s. The pro posed dev e lopment seems incompatibl e; the sca le, massing , and density are out of prop011ion with the adjacent uses. This pro p ed de velopment is out of context; it is an urb an development in a suburban se ttin g. The building hei ghts should avo id the percep t ion that individual buildings are out of sca le w ith the size of their lots or w ith neighboring buildings , a nd sh ould av id unn ecessary s now shadowin g of n eig hb oring buildin gs and public ri ght s-o f-way. ~ It appea rs that the se tback from th e north prope1iy l ine is 6 2-feet 7-in ches. This minimal setback for the I 55-foot/165 -foo t/l 79-foot building will create a significant solar shadow on the properties to the north . The County requc . t that a shadow analysis, which accounts for all day-light hours and provides a representative sample for all seasons, be completed to demonstrate the affect f the proposed multi-story buildings on the adjacent prope1ties . ~ There appears to be a very small amount of open space for such a dense dev e lopm ent and it appears that several of the areas designated as open s pa e would not normally qualify as open space . Specifically , the hardscaped area should not go toward meeting the open s pace requirem ents . For compari. n . th County's Land Dev elopment Code requires that R-PH (high density) developments provide 35% unobstructed open space. LN ,INLL IIING Ul'CN $I'll lll ''C1 l IIIIJI\Vll\\{I Ave Ste 100 1.,·111,·11111.:11. co Slll 12 -.'.:t\5.l l 'IWlll' 7!0 674 -(>(1()(1 107.JO E l\rlJnY\K'ld A1-e ll' 100 Cc111<•11111.il. CCI 11 I 2·.18SJ l'hlllll' 720 74 ·1'1~ 107 30 I: OdJrwood Ave , , ll' 100 Ccnt,•11111. I, CO 0112 -J8S Ph nc 720-7'4•6711 1.1 \(1 7 <Jl1 C,0:,1 r.1 ,oi -1111 1201 I J · 0 . 791 '201 ~ The County has reviewed Section 16-2-7(H)3 .a of the Englewood Unified Development Code (effective February 23, 2004), which specifies that "the resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and that the general public health, safety, and welfare of the community are protected." Arapahoe County still believes that the general welfare of the surrounding community has not been taken into consideration with this proposed development and that this proposal will have a significant negative impact on the surrounding properties in terms of solar shadow and increased traffic volumes . ~ The Englewood Unified Development Code also states that rezonings "shall be consistent with the Comprehensive Plan." The Englewood Comprehensive Plan discusses Residential Areas: Areas of Change and the importance of "new residential investments and housing rehabs" be designed to "be compatible and consistent with surrounding residential neighborhoods . Resid ential designs should reflect the existing character of the neighborhood" (pg 65, Residential Areas: Areas of Change). Assuming that the inter section of University and Hampden is designated as a residential "Area of Change," the County believes that this proposed rezoning is inconsistent and incompatible with the surrounding residential neighborhoods in terms of building height, massing of structures and the ratio of height to setback, and that this proposed development does not reflect th e existing character of the nei ghborhood . ~ Neighborhood meetings should be held for all surrounding neighborhood groups , re gardless of whether or not a formal/active Home Owner's Association exi sts for these groups. ~ All non-permitted uses shown in the Allowed Uses Table should be removed fr o m the cover sheet. It is confusing and the extraneous information should be remov e d . ~ Existin g building foo tprints fo r Hampd e n Hill s a nd o th e r adjacent p roperties should be shown on th e plans. The di stance from the property lines s ho uld a l so be included. ~ Proposed building elevations were not included with the referra l packet. Proposed building elevations should be provi ded. The building architecture should contain some similarities with the existing residential devel opments. Overall, Arapahoe County believes City of Eng lewood and the Dev e loper should take into consideration the welfare of the existing , adjacent neighborhoo ds , especially with regard to compatibility, so lar shadows, height, and traffic and that a detailed analysis should be provided that addresses the allowable uses, densities, setbacks, building heights, and open space requirements for this proposed PUD amendment. This side-by- side comparison is essential for the public to make an informed decision regarding the proposed rezoning development. r V 2 of It is unclear from the proposed plans how the building design and massing work with the surrounding neighborhoods in terms of integration and transition. More details are needed to evaluate the proposal. It appears that the developer is attempting to "stair-step" the project up from the perimeter of the site to accomplish the transition. However, such a transition from a majority of single-family homes adjacent to the property line to 155- foot/165-foot/179-foot condominium tower is not a logical transition nor does it reflect the "character of the neighborhoods" generally surrounding the property. The Waterford high rise to the west is not representative of the general neighborhood. The 3-story Marks Multi-family project further to the west is more representative of multi-family in the surrounding area. The County is concerned that the site design does not integrate or provide a logical transition and is incompatible and inconsistent with the general character of the area. The County believes that this proposed development raises concerns for the adjacent communities and that these concerns warrant a re-evaluation of the proposed amendment. The County looks forward to subsequent referrals for this project. If you have any questions, or require additional information, please feel free to contact this office at 720- 874-6650 . . Planner II cc : Susan Co nawa y, Planning and Zo ning Division Manager Chuck Haskins , LDS Program Manager Ashley Byerley , LDS Engineer P e of3 0 Exhibit G PUD and AMENDMENT 1 COMPARISON ORIGINAL PUD PUD AMENDMENT 1 SITE DATA Site area: 497 .01 1 sf 497,011 sf Residential uses: 800 ,000 sf -(saleable) 800 ,000 sf -(saleable ) Commercial Uses : 65 ,000 sf (saleable) 51 ,500 sf -(saleable) Clubhouse 25 ,000 sf incorporated into tower area Townhouse garage 95 ,993 sf 36 ,010 sf Condominium Garage 290 ,466 sf 276 ,840 sf Retail Garage 151 ,096 sf 44 ,027 sf Landscape/ Open Space 198 ,370 sf 152,267 sf ROW Landscape 7,814 sf 6 ,230 sf LAND USE SUMMARY Max Residential Un its 350 350 Ma x Area 800 ,000 sf 800,000 sf 30 .67 units/acre 30 .67 units/acre MAX FOOTPRINT AREA % % Residential 159,408 sf 32 158,150 sf 31 .8 Retail / Office 38,386 sf 8 42 ,750 sf 8.5 Roadway 88 ,626 sf 18 137 ,914 sf .27 .7 Open Space 198.370 sf 40 152 ,267 sf 30 .6 Common Building 8 ,370 sf 1.4 Included in building 0 Deeded ROW 2,851 sf 0 .6 6,230 sf 1.3 BUILDING HEIGHT SUMMARY BUILDING ENVELOPE AREA (SF) HT(ft) BUILDING ENVELOPE AREA (S F) HT (ft ) Residential Building 1 7 ,og3 46 Townhouse Bldg 1 7,350 46 l Residential Building 2 3 ,751 46 Townhouse Bldg 2 15 ,800 46 Residential Building 3 13,417 46 Townhouse Bldg 3 17 ,550 46 Residential Building 4 14 ,291 46 Rowhouse Bldg 1 10 ,2 00 44 Residential Building 5 14.471 46 Rowhouse Bldg 2 6 ,350 44 Residential Building 6 17,918 46 Rowhouse Bldg 3 5 ,150 42 Residential Building 7 9 ,170 46 Rowhouse Bldg 4 8 ,100 43 Rowhouse Bldg 5 8,800 42 Res idential Building A 11 ,340 109 .5 NA Residential Building B 19,080 98 NA Residential Building C 2 3,760 •• 179 Condo Tower 4 48 ,650 " 179 Resi dential Build ing D 25 ,117' 12 1 Condo Tower 1 32 ,200' 121 Res idential Build ing E • included in tower D 144 Condo Tower 2 • included in tower 1 150 Resi dential Bu ild ing F " included in towe r C 167 Condo Tower 3 " included in tower 4 165 Re tai l / Office Building 35 ,21 6 57 Retail Bldg 1 8,000 43 Re tai l Pad 4 ,170 45 Reta il Bldg 2 19,500 41 Retai l /Offi ce Bldg 3 15 ,25 0 4 1 Clubhouse/ Commons 8 ,370 60 NA PARKING SUMMARY Surface Guest Parking 7' X 20' 54 Surface Guest Parking 7' X 20' 47 Surface Retail Parking 60 degree 57 Surface Retail Parking 60 degree 98 Retail Garage Parking 90 degree 405 Retail Garage Parking 90 degree 108 Townhouse Parking Private Garages (45 units) 143 Townhouse/Rowhouse Private Garages (52 units) 119 Condo Garage Parking 90 degree 635 Condo Garage Parking 90 degree 188 Condo Phase 2' 90 decree 435 total 1294 total 995 • to be determined LANDSCAPE AREA Planter Buffer Zone 1 3g ,682 Planter Buffer Zone 1 30 ,552 Entry Zone 8,173 Entry Zone 10,864 Interior Landscape 76 .423 Interior Landscape 57 ,676 Hardscape 2 8 .335 Hardscape 31,267 Priv ate Terraces 37 ,943 Private Terraces 9.428 ROW Landscape 7 ,814 ROW Landscaoe 6 .230 Total 198.370 146 ,037 r, e11 y Council Bill No. 5 Bill for Ordinan e authorizing Amendments to the Denver Seminary Plann d Unit D ev lopment Staff requests Coun ii s t a public hea ring for Feb 5, 2007 to consider Amendment 1 Background Original PUD approv d as Ordinance # 52, Series of 2004 Site purchased by ontinuum Partners LLC in 2005 Per the PUD, any am ndm nts must follow full PUD process Oct-12-06 Nbrhood rn ting Oct 30-06 Am ndm nt 1 Application submitted Dec 5 P&Z condu t d PH & vol cl 8 to O to forward proposed amendments to CC , The original P D r zoned the site to permit the development , Th original P D remain s in effect unless modified by Amendment 1 , Request to Am nd spe ifi aspects of the original PUD Amendment 1 Overview The appli ant propos s no hanges to the general character of the development. STILL: For· ell r sid ntial with retail component No han s to the allowed uses N hang to building height, signage, fencing, density What js propo , ed in Amendment 1 : • • • • Alt rati n in building c onfigurations the Layout of the development o building envelopes o l,rnd aping o c tba ks o phJ ing R du li on in r tai l space j.-S;; 12.~~ R du ti n in r t, ii parking ratio ~-·±;:: f h.rn in turn -Ian co nfiguration at Hampden o nfli t . ' >f\ ! ::3 ;s 1t i et>) & University to mitigate intersection ,. . . DENVER SEMINARY PLANNED UNIT DEVELOPMENT (DISTRICT PLAN) BACKGROUND TH[ SUBJECT PROPERTY IS AN 11.41 ACRE SITE AT THE NORTH~ST CORNEA OF THE INTERSECTION Of EAST HAMPDEN AVENUE ANO SOUTH UN IVE RSITY BOULEVARD . THE SITE HA S BEEN O~EO ANO UTILI ZED FOR MORE THAN 40 YEA.RS BY THE DENVER SEM INARY. THE DENVER SEt.!INAAY HAS OUTGROWN THE CAMPUS ANO HAS RELOCATED TO A NEW SITE . THE SITE WAS ZONED R-3 HIGH -DENSITY RESIDEN CE DISTRICT AT THE Tl"[ TH E ORIGINAL PLAN NED UN IT DEVELOPMENT APPLICATION WAS SUBa;;TTEO , THE SITE IS CU RRE NTLY ZONED DENVER SEMINAR Y PUO , APPROVED ON SEPTEMBER 20 2004 ORDINANCE NUMBER 52 , SER IES Of 2004. ARCHIJECUJRAL CHARACTER IT IS THE INTENT Of THIS DEVELOPMENT TO ATTRAC T SOPH ISTICATED. OISCRIMINATINC HOMEOWN ERS TO AN URBAN '11:T INTIMA TELY SCA LED MIXE D-US E 'llLLACE Of VA RIOUS SIZED BU ILDING S CREATING A PEDESTRIAN ORIENTED EUROPEAN ATMOSPHERE . BY STRATEGICALLY PLANNING A MIXTU RE OF VARIOUS SIZED C0'4 D0M1N1U" BUtLOINCS IN TH E CENTER Of THE ELEVEN ACRE SITE TO GAIN DRAW ATIC "1EWS TO THE SURROUNDING WOUNTAINS ANO NEARBY DOWNTOWN , THEN SURROUNDING TH EM WITH A NAR ROW CA TED PRIVATE ACCESS ROAD , ANO USING TH E PERIMETER Of THE SITE TO POSITION LOWER SCALED TOWNHOUSES. A VARIETY OF INTIMATELY SCALED PEDESTR IAN EN'llRONMENTS WILL BE CREATED . PLACED PROM INENTLY AT THE CORNER OF UNI VERSITY BOULEVARD ANO HAMPDEN AVEN UE, AN APPROPRIATELY SCALED CROU P OF I ANO 2 STORY RETAIL BUILDINGS SERVED BY HEAD -IN PARKING, WILL SHIELO THE BUSY INTERSECTION ANO DEFINE A QUIET. PEDESTRIA N ORIENTED STREET REM INI SCENT OF A EUROPEAN 'llLLACE. A VA RIETY Of SMALL RETAI L SHOPS, SER'llCES ANO DIN ING ESTABLISHW ENTS (SEE ALLOWED USE TABLE BELOW) TARGETED PRIMARIL Y TO THE RESIDENTS Of THE PROJECT WILL JOIN A SMALL BAN K (NON DRIVE-THROUGH ) ANO FINANCIAL OFFICES TO MAKE UP TH E 'llLLACE "STREET". TELECOMti,tUNICA 110N rAttuTY AGRICU LTUR AL USE ANIMAL SALES ANO SER\l'ICE ASSEMBLY FOOO ANO BEVERAGE SER 'llCE CRITICALLY IM PORT ANT TO OEnNE THE ATMOsPHER E Of THE DEVELOPMENT, ONLY AP PROPR IATE HIGH QUALITY MATER IALS WILL BE USED IN ALL THE BUILDINGS . THE PRIMAR ILY STUCCO BU ILDI NGS WILL BE BLENDED WITH MASONRY ACCENTS, ATTRACTIVE LIGHT FIXTURES , THOUGHTFULLY SHIELDED TO MIN IMIZE ILLUMINA TION IMPACT ON SURROUNDING NEIGHBORHOODS WILL HELP CREATE THE PEDESTRIAN FEEL ALON G GARDENS ANO OPEN sPACES ACCESSED BY P AVED WALKWAYS TO BE EXPERIENCED BY TH E HOMEO WNERS . TH E INDl 'llOUAL UNI TS WILL BE LARGE AND AIRY AND AS OPEN TO 'llEWS AS POSSIBLE WITH EXPANSIVE WINDOWS TO CON TR AST THE STUCCO EXTERIORS . STEE PL Y SLOPING ROOFS WITH PR OJECTING CORNICES WILL COMPLE MENT THE EUROPEAN FEEL TO THE ARCHITECTU RE TAKING CLUES FROM THE UNIVE RSITY Of DENVER AND NEARBY RESIDENTIAL I MEDICAL/SCIENTIFIC SER'llCE ~ COM .. UNITIES . ornct THE sPEC IFIC DESIGN , MATERIALS. ANO COLORS TO BE IN CORPORA TEO IN THE BUILDINGS WILL NOT BE DETERMINED UNTIL DETAILE D ARCHITECTURA L ORA ... NGS HAVE BEEN PREPARED . THE PREPARATION OF SUCH DETAILED ARCH ITECTURAL DRAWINGS IS AN EXPENSIVE ANO TIM E-CONSUM ING PROCESS THAT IS NOT LIKELY TO BE UNDERT AKEN UNTI L THE PROP OSED PUO AMENDM ENTS HAVE BEEN FINALLY APPROVED BY THE CITY. APPLICANT SHAL L SUB"41T SP ECIFI C DESIGN ELEVA TtOIIS, U ST OF PR IMARY MATER IALS AND A COlOR BOARD FOR THE EXTER IOR Of THE BUILD INGS AT LEAST 30 DAYS PRIOR TO THE ISSU ANCE Of THE FIRST BUILDING PER MIT FOR THE PROJECT. RETAIL S4L£S .t.NO SER'-ACE -I (P ERSON AL SER'llCE ) CONSTRUCTION SCHEDULE THE FIRST PHASE WILL INCL UDE I OR MORE RE TAIL BUILDINGS, UP TO 2 RESIOEN n AL T'oWERS, 1 OR MORE RESIDENTIAL 'ROW HOUSES' ANO STRUCTUR ED ANO SURFACE PARKING TO S!'F·VE THEM WHILE MAINTAINING ACCESS ANO USE OF TH E EXISTING AUDITOR IUM BUILOINC SU9SE04. CNT PHASES WLL DEMOLISH THE REMA IN ING EXISTINC BUILOINCS ANO COMPLETE THE RETAIL B UILCNNGS AND 1 OR "ORE 'ROW HOUSE ' AND 'TOWN HOUSE ' COND0..INIU"4 BUILDINGS AS WELL AS THE REM~ININC TOWERS ANO ADDITIONAL PARKING TO SERVE THEM . IT IS ANT!CIPATEO THAT PHASE I CONSTR UCTION MA Y COM"4ENCE AS EARLY AS MARC H 2007 ANO THAT COMPLE TI ON OF ALL PHASES OF TH E PROJECT ARE EXPECTED TO OCC\JR NO LATER THAN DECEMBER 31 , 201 1. pup DEVELOPMENT SUMMARY THE APP LIC ANT PROP OSES TO DEVELOP UP TO 350 REStDENTlAL UNITS AND UP TO 51,500 SOUAR E FEE T OF RETAIL/OFFICE SPACE . THE RETAIL/Ofr!CE COMPONENT IS PR OPOSED FOR TH E SOUTHEAST CORN ER OF THE PROPERTY WITH ALL PARKING LOCATED EITH ER IN A DED ICATED STRUCTURED C.6.RAC( OR IN DIAGONAL HEAD-IN SURF'AC[ PARKINC SPACES. ™E RETAIL /orF'ICE BUILDING S WILL SCREEN THE SURFACE PARK IN G AREAS . THE RESIDENTIA L UNITS WILL CONSIST OF LI MITED HE IGHT RESIDENTIAL BU ILD INGS (TO WN HOUSES ) ALONG THE NORTHEAS T ANO WESTERN BOUND ARIES Of THE PROPERTY AS IOtLL AS ROWl-<OUSE STYLE CONDOMINIU" UNITS IN MULTI-STORY BU ILD INGS LOCATED IN THE INTE RIOR OF THE PROPERTY . THE MUL TI-STORY BUILDINGS ANO 'ROW HOUSES ' WILL SURROUND A LARO( LANDSCAPE ELE"4ENT IN THE CENTER OF THE SITE . EXCEPT FOR LIMITED 'llSITOR PARKING , ALL RESIDENTIAL PARKING WILL BE PRO 'llDEO BE LOW STREET LEVEL , OR AT PR IVA TE GARAGES. METROPOLITAN PISJRICT SUMMARY IT IS AN TICIPA TED THAT ON E OR MORE TITLE 32 "4ETROPOllTAN DISTRICTS MAY BE ORGANIZED FOR PURPOSES Of FACI LI TA NC FINANCING ANO CONSTRUCTION D' THE PUBLIC IMPROVEMENTS ON THE PROPER TY (THE "DISTRICT"). UPON ORGANIZATION , THE DISTRICT SHALL ALSO BE RESPONSIBLE FOR CERTAIN OPERATIONS ANO MAINTENANCE UPON lHC PROPER TY , INCLUDED eur NOT LIMITED TO PUBLIC IMPROVEWENTS THAT ARE CONSTR UCTED BY THE DISTR ICT ANO NOT SU BSEOUENTLY DEDICATED TO A PUBLI C OR GOVERNMENTAL EN TI TY (THE "PR OJEC TS") THE DISTR IC T SHA LL BE REOUIREO TO OPERATE AN O MA INTAIN THE PROJECTS. OR CAUSE THE PR OJE CT S TO BE OPERATED AN O MA INTA IN ED. AT STANDARDS (I) REQU IRED TO PRO'llDE ACCESSIBLE ANO SAFE PUBLIC IMPROVEMENTS, (11) REOUI R[O TO M[ET STANDARDS ES TABLISHED FOR FACI LITIES OF THE CITY, AN D (111) AT A FIRS T-CL ASS LEVE L I INCLUDING , WITH RESPE CT TO THE PUB LI C PAR KIN G FA CILITI ES , LIGH TING, SE CU RITY AND RE-PA 'llNC . NOTHING HER EI N OR IN AN Y RESOlUTION S OF THE CITY SHALL BE INTERPR ETE D TO REQUI RE THE CITY TO UNDE RTA KE REsPON SI BtU TY FOR OPERA TI ON ANO MAINTENAN CE Of THE PR OJE CTS ANO ALL AUTHORI ZIN G OOCUME NTA TION REGAR DI NG TH E DISTRIC T SHALL BE CONSIS TEN T WI TH r~E REQUIREME NT S FOR OPERA TION S AN O MAINTENANCE AS STATED HERE IN, pup DISTRICT PLAN-DEVELOPMENT STANDARDS • GENERA L RE GULATION S. UNLESS OTH ERWISE PRO 'llDE O FOR IN THIS PUO OR AN AMENDME NT TH ERE TO , THE PR Q'llStONS . STANDAR DS, RE GUL ATIONS , ANO PR OCEDU RES PER TINEN T TO AN APPL ICAT!ON FOR TH E DEVEL OPMENT Of LANO WITH IN TH IS PUO ZONE DISTRICT SH ALL CO .. PLY WI TH THE RE OU IRE .. ENT S Of THE "U-R-3 -B ZONE DISTRICT D' THE CITY OF ENGLEWOOO AN D RELA TED ZONING RE GU LA ONS IN PL ACE AT TH( 11ME SUCH APPLIC ATION IS FI LE D WI TH THE CITY B P[R"4 1TTEO PRINCIPAL USES TH E TAB LE B(LOW SHALL CONTR OL TH E USES WITH IN THE PUO ZONE DISTRIC T A "p " IN T>;E CELL FOlLO WING TH E USE TYPE INDIC ATES THA T THE US£ TYPE IS RETAIL SALES ANO SER 'llCE - {REPAIR AND RENTAL) RETA Ii. SALES .t.NO SER VICE (SALE S) SCHOOL TUDIO \IO!tCL[ ANO [OUIPM(NT PER .. ITIEO BY RICHT IN THE DENVER SEM INAR Y PUO ZONE DISTR ICT • BLANK CELL INDI CATES TH AT TH E USE TYPE IS PRO,,t BtTEO N THE PUO UN LESS 0 TH ER¥f'S( PROvlO(O, TH C F'OlLOIMNC use C ATCCOR t(S AN O TYP(S SMA L HAVE fl.+E SAM( '4[ANIN GS 45 SUCH C A TEGORY ANO use TERMS B Y TH C S.t.M( N.t.MES CONT .t.lNCD IN TITL E 1& Of THE ~OMW.Ri ~~SSOR Y ENGLEWOOO MUNI CIP AL CODE PERMITTED USES ARE SUBJE CT 10 ALL OTH ER APP LIC AB LE RECULATIONS OF TITLE 16 -UNIFI ED DEVELOPMEN T COO[ QCNQ KN,.ARY PUP TYL£ Of AU,OMP USES US CA TtOOIIY ~-----GROUP Lt W,N(i -OIJP"u°W ~C r ACIU !cYJ LARCC/SPC CIA.L -CA OUP LMNC r ACILln, SMAL L -SMALL TR EATME Nf°C(NTER - -'It/WOii < DWl:LVNQ -t,I AN VFA CTUR(O ~ -MVL Tl-IT O'IW.JNG 00.(-VNIJ ATI ACH[O OW!;U,ING -t -VMT ot T•Cl<£0 Owtll.•NG -0,,.(-11"'1 0( •CHt O~NQ ON • W.• -UNJT OWC L NC USE S (ACCESSORY TO Pilt!NO PAL ONE-UNtT 0 WE LLING USES ON LY) OTHER ACCESSORY US(S AMENDMENT 1 ENGLEWOOD, COLORADO 19. ALL ENGINEER ING,OESICN ,MATERIALS ANO CONSTRUCTION PROCEDURES UTI LIZED IN THE PREPARATION Of THE UTILITY PLANS SH ALL ADHERE TO THE CITY'S WATER AND WASTEWATER SPEClncATIONS ANO OTH ER CITY RULES ANO RE GUL ATIONS. 20 . THE CITY SHAL L HAVE THE PERPETUAL RIGHT FOR MAINTENANCE REPAIR ANO /OR REPLACEMENT OF TH E CITYS PUBLIC UTI LITIES IN SAID EASEMENT ANO THE RIGHT TO REMOVE ANY SU RF ACE 08STRUCTION INTERFERING Wl1H SUCH REPAIR MA INTENANCE OR REPLACEMENT . RESTORATION / REPLACEMENT <:1F THE SURFACE SHALL BE THE SOU: RESPONSIBILITY Of THE PROPERTY OWNERS. --,-... ------~~ ---.-. -------" • • p .-• • p • • • • -UIU C. UNLISTED USE :~5~:to'~ ;i;r-:~~·~!v,~~SS ~~ ~~~~ft~ ~JsABOVE TABLE Of ALLOWED USES SHALL D. DEVELOPMENT STANDAR DS Tl-IE DEVELOPM ENT WILL BE IMPLEMENTED AS A MIXED-USE v1LLACE INCORPORATING REUIL OFFICE (COM MERCI AL ) ANO RESIDENTIAL TYPE USES . , I. MAX IMUM BU ILDING HE IGHT : SEE PU0-3 FOR BU ILDING HEIGHT SUM MARY. 2.BULK PLANE : FOR RESIDENTIAL UNITS ON THE , sour ANO IOtST EDGES OF THE SITE . EXCE PT TO THE LIMITED EXTENT SHO ...... IN THE BULK PLANE DIA.CRAMS ON PU0-3, NO PORTION Of' 'THE ~~~~JtrB~~~ E:L1~rs.BEYONO ANY APPLICABLE BULK PLA NES : SEE PU0-3 FOR 3.MAXI .. UM RESIDEN TI AL UNITS : 350 4,MAXl"UM TOTA L RETAIL /OFnCE (COM "4ER CIAL) USE CROSS SALAB LE •LOOR AREA SHAL L NOT EXCE ED 51 ,500 SQUAR E FEET. THE MAX IMUM TOT AL OFFICE USE GROSS LEASEABLE FLOOR AREA SHALL NOT EXCEED 17,000 SOUARE rEET . EXCLUSIVE OF OITICE SPACE ESTABLISH ED WI THIN AN Y RE TA IL SPACES AND RELATED TO THE MANAGEMENT OF SUCH RE TAIL OPERATION . 5.PARK ING. SEE PUD-7 ANO PU0-8 PAR KING PLAN FOR DETAIL. 6.SIGN AGE : SEE PU0-11 : PROPOSED SIGNAGE / FENCING PLAN FOR DETA IL, HENCES ANO WALLS. SEE PU0-11 · PROPOSED SIGNAG[ / rENC INC PLAN FOR DETAIL 8.LANOSCAPING · SEE PU0-10: PROPOSED LANDSCAP ING PLAN FOR DETAIL, DEVE LOPER TO PRO'llDE LANDSCAPE DESIGN PLANS ,OR ARE• ADJACENT TO WEST PROPERTY LI NE TO KENT ~~&Cf. ~SOCIA TION ANO RECEIVE COMMENTS (NO T APPROVAL) FROM KENT 'llLLAGE E. M001n c• CNS : THE FOUOWINC MD01nc• TI ON PROCEOIJRES ARE CONSISTEN T WITH PUO "4001FICA TION PROCED URES OF TITLE 16 ZONING REGULATIONS (AS MODIFIED BE LOW), UNDE R Wl-<ICH THE PUD APPLICATION WAS SU B"4 tTTEO I. DISTRIC T PLAN . THE TERMS , CONDI TI ONS , THE ADOP TED PUO DISTRICT PLAN AND DOCUMENTS MA Y BE CHANGED ANO /OR AMENDED IN WHOlE OR IN PAR T AS FOlLOWS. a . MINOR MOD IFICATIONS 10 THE PUO DISTRICT PLAN: THE CI TY "4ANAGER OR OESIGNEE lrifAY APPRO'vt MINOR M001rtCATlONS IN THC LOCATION. SIZING AND HEIGHT or STRUCTURES OR F' .t.CILITlES IF' AEO UIRE O BY ENQNCERtNG OR OTHER CIRCUMST AN CES NOT F'0R[S£EN A T THE TIME THE PLANNED UNIT DEVELOPMEN T DISTRICT PLAN WAS APPROVED SO LONG AS NO MOO lr tCA TION VIOL .t.TES AN Y ST4NOARD OR REGUL.t.TION SE T F'ORTH IN SEC TION 16-4 -1~ -ZON ING REGULATIONS. b MA JO R MOOIF'IC.t.TIONS TO THE PUO DISTR ICT PL AN MAJOR 1.tOO!rtC .t.TIONS i.tA Y BE lriil.t.OE TO THE APPROVED PLANNED UNIT DEVELOPMENT DISTR ICT PLAN PURSUANT TO THE S•ME LI MITATI O><S ANO REQUIRE ME NTS BY WH ICH SUCH PLANS AND DOCUMENTS WERE ORIGINALLY APPR OVE D. 21 . NO PERMANENT STRUCTURE S SHALL eE ERE CTED UPON THE EASEMENT. 22. EASEMENTS SHALL PRO'IIOE EAS Y ACCESS TO ALL PUBLIC UTI LITY FACILITIES BY A TANO(M WHEEL£0 liUJNT[NANCE TRUCK . AGENCY CONTACT UST AW ENCPtffltf P MB CONSUL TING INC . MQIJJCNBf OA"10 OWEN TRYBA ARCH ITECTS JIMPCl!DDCW QIANffP FOX HICGl NS TRANSIP0RTATI0N GROUP ~ CONTIN IIUM CHER RY HILLS LAN O COMPANY , LLC ANO THREE CITY CENTRE COM PAN Y, LLC SITE DATA TOTA L SITE SQUARE FOO TAGE RESIDENTIAL USES J33 W. COLFAX AVE , SU ITE 500 LAKEWOOD. COLORADO 80204 OA'll0 CENTER (303) S2$-7475 1620 LOGAN STREET DENVER, COI.ORAOO 80203 DEAN FOREMAN P.O. BOX 19 76 9 BOULDER , COLORADO 80308 STEVE TUTTLE 1430 WYNKOOP ST ., SUITE 100 DENVER , COI.ORADO 8020 2 K["1N FOLTZ (303) 831-401 0 (303) 852-3$71 (J03) 573-00~ 49 7,011 S.F . UP TO B00,000 S.F. RETAIL/OFFICE (COMM ERCI AL USES ) TOWNH OUSE GARAGE P TO $1,500 S.F. UP O .16 ,010 S.F. UP TO 276,905 S.F. CONDOM INIU M GARAG E T3 /T4 ~ J (64,J80) • 193,140 T1 /T2 • 83. 765 RETAIL GARAGE 44,027 X I • 44,027 LANDSCAPE /OPEN SPACE DEEDED PUBLIC RIGHT Of WA Y LAN O SCAPE BU ILDING HEIGH TS SURVEYED LEGAL DESCRIPTION OTS 1 4< 2, KEN T PLA CE FIRST n u NG COU NT Y C' AR•PAHO(, STATE D' COlOR•DO SHEET INDEX PU0-1 DISTRICT Pl.AN P TO ••.021 s.r. 152.267 S.F. 6.230 S.F SEE SITE PLAN 2. SITE PL AN : a . MINOR M001F1CATI0NS TO PUO SITE PLAN THE CITY TH ROUGH THE OEVELOPWENT RE"1EW TEAM M AY AU THORIZE MINOA DEVI ATIONS F'ROM THE PUD SITE PL AN WHEN SUCM 0 [vl.t.Tl0NS APPE.t.R NECESS.t.RY tN LIGP'I l Of TECHNICAL OR (NG!NEER1NC CONSIDE RA TIO NS. MINOA D(VI A TIONS SHA.LL NOT BE PERMITTED 1r ANY OF TH( FOI..LOWHG ClRCUlrilSTANCES AESUL T , , PUO -2 PROPOSED PHASING PL•N 1) A CH•NGE IN THE CHARACTER OF TH E DEVE LOPMENT , OR 2! A CHANGE IN TH E PERMITTED L ANO USES: ~ J 4 CHANCE IN TH [ C(N(RAL LOC.t.TI()N ()F LANO USES, OR 4 .t.N INCREASE IN THE MA.,C l"1UM HE IGHT Cf' AN Y BUILDI NG CY MORE n-+AN FIVE PERCENT ($~) EXCEP T THAT FOR BUILOI NGS GREATER TH.t.N 100 FEET lN H(lGHT, SUCH 1NCRE.t.S£ SHALL NOT EXCEED TWO PERCENT (2ll). OR ~) AN INCR(ASE IN THE NUUBER Of D 'lttLU NC UNITS, OR IN THE R.t.TIO ()F THE GR OSS f"LOOR AREA Of STRU CTURES TO TH E ANO AREA . ~ INCREASES IN TH E PROPOSE D GROSS Fl OOR AREA WITH IN AN Y PAR TICULAR AN O SE OF MORE THAN TWO PERCEN T (21'). OR 6) • REDU CTION IN THE SETBA CKS FROM PROPER TY LI NES: OR 7) AN INCREASE or .. ORE TH AN TWO PERCENT (21') IN GROUND COVERAGE BY STR UCTU RES OR SURF ACE P•RKING : OR 8) A RE DUCTION BY MORE TH AN TWO PERCENT (21') IN THE LAN O AREA D[5'GNATE0 FOR LA NDSCAPING : OR 9) •A:~~u&i1~~~'kli'V~JZ,.Gor0N~;ri~Eir':.~~ii'EtN~Lo•o1NG sPA CE 10 GR OSS Fl.DOR IQ) •Hg:;:~~. ~A\C C~~B ~~r"~~!~1:r~:vi 0 S:~oY;~;Su~~C~~~ Y ~S~:Ju s":.~ivig~o. THE OI STR1C T PLAN b SITE PL AN AMENDMEN TS. ALL PUO SI TE Pl.t.NS .t.PPROVCO ANO RECORDED MAY Y 8£ AMENDE D PURSUANT TO THE SAME PROCED URE AN O SUBJECT TO THE SAME LIMI ATIONS ANO REOUI A(M(NTS BY 'M-41CH SU CH PLANS ~RE .t.PPROVEO GENERAL NOTES 1. THE PROPE~TY 1S O~ED B Y CON TINUU W CHERRY HIL S LANO COMPAN Y, LLC ANO THREE CITY CENTRE COMPANY . LL C. 2. TH( PROPER TY IS UN DER CONTR AC BY TH( PLANN ED NIT DE Vt:LOPlolENT APPL ICAN T ANO PR OJECT DEVE LOPER . 3. IT IS AN TI CIPA ED THA T SOME Of THE EXISTING DENVER SEMI ARY S RUCTURES WILL 'tt:lolAIN ON A PORTION OF THE PROPERT Y THROUGH PHASE OF TH IS PLANNED UN IT OEVE LOPMEN 4, AN •WEND"4ENT TO THE EXI STING FELSBURC HOlT 4< ULLE 'llG TR•mc IMPA CT ANALYSIS WAS PRE PARE D BY FOX HIGGINS llU,NSPORT.t.TlON CROUP ANO IS PA.RT Of TH IS SU8M1n AL ~. A PRELIMINARY DRAINAGE REPORT WAS PR[PAR(O SY MB CONSUL TlN C, INC .t.N O 15 P.t.R T Of Tl-i!S SUB"4 1TTAL 6. TH IS PROPER TY DOES NOT LIE WITHIN A 100 '11:AR FL OOO PLA IN 7. NEW UTI LI TI ES SH•LL BE UN DERGR OU ND. AL L CtTY OF [NGLEWOOO PUBLIC UTILtTI[S SH ALL BE IN 30' MIN EASEMEN T ALL CON CRETE WOR < DON E IN THE PUBLIC RIGH T <:1F WA Y SH ALL BE IN CONF ORMAN CE ""™ "CONSTRUCTION SU NOAR DS ANO CONC RETE sP EC tFIC ATIONS FOR THE CITY Of EN GLEWOOO . COLOR •OO" g NEW FIRE HYD RAN TS SHALL BE TO CITY Of [NCLEWOOO sPECIFIC • TIOO,S 10 PRIOR TO 08TAIN,-G THE rt AS T CER TIFIC ATE Of OCCUP AN CY •OR THE PAO.£CT , TH E OEVE\.OP(R 5,<Ac, PR0"1DE ""ITTEN DEVELOPWENT RESTRIC TIONS AN O COVE NAN TS, RE COR DE D UNDE R ON E OR MORE SEP.tJU.T( ACRE£M(NTS , GO'v{RN lNC i.t.t.fNTENANCE Of TM( PRoPER T"I' AN O PER T.t.lNI NC TO , BUT NOT Ulil 1T£0 TO. issu es SUCH AS COMWON .t.R[A MAIN T'(NANCE, L.A NOSCAP[ WA tNT(NANC( ANO IRRI GAT'tON , SNOW R(lr,.t QVAL. ACC(SS E ASEMEN TS ANO M.t.IN TE NANCE Of PR! A TC UTILITIES. AN O 1NFR .t.STRUC1\JRE E DEVELOPMEN T REST RICTI ON S •ND CO VENANTS COVERIN G THE DWEL LI NGS ADJ ACENT O THC IOtST PROP ER T>' LI NE SH ALL PR ECLUD E TH E USE D' AN Y BA LC ONIES •BOVE THE M~N LI'llNC FIRST F .DOR FOR TH( OU TSIDE s DRA GE Of MOT ORlZED OR NON-M OTOR IZE D VEHICLES OR FOR OUTIDOOR S~Qt<ING /GR •L 1NG 11 ~~~~6N Of THE S.TE Sl<ALL BE COMPLE TED UNDE R SEPARA TE DOC UMEN T 12 A ROADWA Y'S ~TktN TH ( PROJECT SHALL 8E PRIV ATE S TR(ETS AN O SHALL NOT BE W.t.lN 4 1h[0 8 Y Tl-t£. 13, ~,7 r~~~~~N O PROJECTI ONS Sl<A L BE CON STR UCTED WI TH IN THE BUILD NC EN OPE S. BUu< PLAN[S, AN O 8 U4LDlNC M[IC~ LI MITS P URSU ANT O ANO [XC(P l AS "-OTC O ON 1liE PROP QS(D Sift P L AN t~EO~~bi~r;~:S ?°FL~ T~*:~~~S E;:~:~i~D A~Cp:( c:~[A8:1~N~0AS[n;~:~.t~~RTY 14 THE DEVE LOP ER SH ALL COlolPLY WITH ALL APP LIC ABLE CITY COOES , RECUL•TI OO,S AN O ST AND AR DS IN AOOI TION OEVELoP EA SM ALL NOT SCH EDU LE ANY OUTStOE OC MOl.tTION OR CON STRUCTION ACTI 'llTY PRIOR TO 6 JO '•M OR Ar TER 6 JO P"4 MON DAY THR OUGH rR DAY OR BETWC(N 7 JO AM ANO 5 00 PM ON SATU lltOA Y, SUND AY, OR ANY N A TIONALLY llt[COCN1Z[0 HOl.lO A"t , PROV10(0, 110ill('.Y£111 , NO OUtSIO [ PU O-J PROP OSE D SITE PL AN PU0-4 P RoPOSEO QFFSI E U L\TY PLAN P 0-~ PR OPO SE D ONS1TE UTY PL•N P 0 -• PROPO SE D GR•OING PL AN PUO-7 PR oPOSE O SURFA CE PAR KING PLAN PU0-8 PROP OSE D c1-c2 P ARKING PLA PU0-9 PROPOS ED PED ESTR I AN CIR CUL ATI ON •L AN Ou Q-11) PrtoPOSED L AN DSC APE P L.t..N P,Y,Q-1' PROP OSE D SI GNAGE /FEN CI NG PL>N SIGNATURES "PPP r ~o FOR CONTINUUM CHERRY HIU.S LANO COMPANY, u.c "NO 'TH REE CITY CENTRE COMPANY, U.C TI DATE St GN• TU RE • TLE D•TE S ATE D' COI.OR ADO COU NTY Of THE •OR EGOI NG INSTR UMEN T WAS ACKN Ow,\.E OGEO BEFORE ME TH IS ____ DA Of A D , 20 ___ BY-------AS Of _____ _ MY COM MISS. EXPIRE S ------- NOT ARY PUBLIC ADDRE SS "1'PRO~O FOR 'THE CITY OF ENGLEWOOO PL AN~tNG A~O ZON NG COMM ISSION CH A1RP(RS0>< MA,OR OF E~GLE "TTESTED INC COM MISSION REC 0 1NC SEC RtT ARY D ATE OATE T~E FJR[C()NG •PPROV Ac 11•S AC<N WLEOCE O BEF ( M( THtS __ OAY OF • . 2 ---a, ------ AND'----------- CtT Y · (~11, CLERK ANO RECORDER'S OfflCE Th S DL A"ll,EO UJl.i T O(vt OPWE.N" IS ACC (PTCO rOR n1..1~c IN T>•[ L[R• AN O RE CORDER D' •R•P"" THE Of• CE Of COU NTY COl •oo. AT ______ o COCK, M , THS DAY OF ____ , 20-- ECCPr ,u ... B R ___ 8 NU"4 (R __ , P AGE NUMBER ---- ocwou n ON OR CONS TR UCTION ACTl TY SH ALL OCCUR ON SU ND A Y .t.N Y NAflONAl..LY RCCOGfrrif ZCO HOI.IO AY [XCCPT AS NEC(SS •RY TO MA<[ u• CONSTRucn ON SQ<EDIJc[ DEL•~ •tsu,n,c FROM WEA Tl<ER (i(l',t(-..a[5 OR NA 'fURAL DIS AS TER OC1..-URlltC~CES 15 TH E DEVELOPER SH ALL PRO"'DE CITY-APPR OVE D PUBLIC ART Vll:)l!K /CsTR Y FE A l'V'IC A THC SOJTHC AST CORNEA or THE s, E THE CITY SH ALl PR EPAR E A SEP ARATE WR ITTES AGREE MENT REC ARON C THE "\'PE Sil[ IN S .4l..L A T10N 4N0 MA (NT(llii ANCE ~ TH [ F'[A T\JR 1a (XC(PT FQII T,,£ [F[~(NC( TO TU: 1a -ZONI NG REGUl.•no,,s N Tl<t B•C•GROU S(CTION "80 ."° MOOlf'IC ATION sccnON "80VE . R[F(R[NCES coo. • 0 N n.,s PUO '0 TLE 16 .-r TO TLE I u nro OE L<lP"'E•T cooc Of T'<[ ENCI.EWOOO MUN C<P AL C AS ... EN ' 17 N TH (VENT • C FLICT B[TioiE El< THE sP!Cl"C p O ONS or TH s •.io ANO sP{C,F,C P 0'11 5 n.1S PU0 SH C 111Dl 18 OE L()P\j['<I ES1111C" S C0"1:NAN 'S O IC .. 0 ,.., NO CO# 8Y ()(Pu» DISTRICT PLAN DDll!IJI _.._.., $HCE n.£ c,r, PU0-1 ~ J J z r-z 0 u (J) (2) I I I W ' I - (IJ/ (f) l ---··-·· <~ ====--=~---··-··--··(D::;> ____________ -----(7) (7)::_;;, _ _..,..,..._._ -· ---- (I) PHASE IA -SITE PLAN ---- ,.i. -~-~. -· ------· --- NOT TO SCALE ) (J) (J) (') :: /2)) ~'-..__.// A h ~~~- I., PHASE 18 -SITE PLAN NO 'f TO SCAL! ' 'w (J) ' '(J) -· ---- c::IJ PHASE IA BU ILDINGS c::::J PMASE IB IIU1 LO<NGS C3, Pi;AS( n 9UILO INCS ~ 1. CLEAR AAoPEATY Of ALL EXIS TING CONSTRUCTION EXCEPT TWC ElOSTING S[MNARY Ai)MINISTRA T!ON SU1L0<NG. 2. RE TAIN PAVED AREA AT NORTM WEST CORNEA Of 'II<( SITE . ---- 3. CONSTIIUC T WEST AN O NORlli PORTIONS Of SO<UN0/""1V ACY WALL PER NOTE ,. e. 7 ON PU0-11 ANO ALL Cft F»ORTIOH Of REMAINING WALL 4. ADJUST CURB CUT TO MAMPOCN ANO CIONSTRUCT TEMPORAR Y SALES CENTER PAiltKINC . !. CONSTA UCT TEMPORARY ORIVE rOR FlRC ACCESS . t . CONSTRUCT OCCELEAATION ft ACICCLERAT!ON LANES ANO ATTACMEO SIOEWAU< e UNIVEASIT1 ft H.....ocN. (COOT ACCESS PEAIM T SHALL 11£ OBTAINED AAIOR TO ANY CONSTRUCTION). 7. CONSTRUCT N£W SIGNAL UGMTS TO INCLUO( Fltl(R CAil£, ANO IOEO<ANS ON UNIVERSITY BOULEVAR D. I. CONSTAUCT ANO FlNISH CURB CUT AT UN l~ASITY ANO PAAICING FOR PHAS[ I. t . CONSTRUCT Pll(UM .. AIIY OVEII LOT GRADING 10. lltl OCATE eus STOP . 11 . CONSTAUCT UT1U T1ES RCQUIIIEO TO SUPPORT PHASE I ~LoPMENT ft !OOPOIIAR Y lOoP UTlUT!ES TO MAIN TA"' EXISTING SE-ARY IUIU> .. G. ALL WATEA UNES SHALL ti( LOOPCO •AROUND M SEMINAR Y AOIMNISTR AT!ON ANO SAlfS omCE 12. CONSTRUCT FR DEPARTMENT FIA[ M'rORANTS (SU PUD SH[[T ,). 11 CONSTAUC T PEAMANENT DCTDIT!ON <A C1UT1ES AT LEAS T sumCENT rOR CONTA-NT or OAA •OE rOR PHASE ONE OEVELOPWNT 14. CONSTRUC T SIGNAGE ANO LANDSCAPING ALONG UNIVERSITY ANO HAIIPDCN . t!. CONSTRUCT GAR AGE rOR TOWER I , 2. RE TAIL ANO STRCET ACCESS. tt. CONSTAUCT TO WER I ANO 2 17. CONSTRUC T ACTAIL BUILDINGS 2 ANO 3. 11. CONSTRUCT AESIOCNTIAL ROW HOUSE 8UILOON(; I. 2. ANO J . tt. ONCE TOWEA I IS COMPLETE DCM OLISH TtMPORARY SALES CENTER PAIIKINC 20-MOVE SALES CENTER FUNCTIONS TO TOWER I 21. CONSTRUCT RETAIL BIJILOING I 22. CONSTRUCT A PORTION Of LAN DSC APE ANO COURTYARD . ~ t . DEMWSH RO,IAINING SE-ARY ADMINISTR ATION IIUll.l)ING/SALES CENTER 2. COIIPL£TE TIUTY OoP SYS IOO S. ALL WA TtR LINCS SHALL IC LDOPCO i: g=~ :~~~:o~ =:i~NC 4 ANO TO.. HOUSE lllJIUllNGS I ANO 2. !. COMPLETE SQU'II< M:ST SOUND WALL ALONG HAMPO(N Al.{NUE I. COloPL£TE LAN01CAl'IHC ltO l'UBUC IIIGl<T Of WA Y AND OUTSIDE S0Ulli WE ST SOUNO,,..,VACY WALL : I· I : :I (J) I C•>i 9) 0 (9) -(I ) PHASE II SITE PLAN NOT TO SCALE PHASINC N688ADvt A. lliE ~LOPER PL4NS TO BUIU) THC AAOJECT IN YUL TIPLE PMASES. IT IS ANTI CIP•TEO ll<AT lliE 1ST Pl<ASE WIU INCLUOC J RCTAIL/OfTIC( IUILOON(;S, UP TO ' AOWHOUSE BUIU)INCS (BLOC . I ,2 ANO J), ONE OR MOR[ 111:SIOCNTIAL ~~J ~=~~..hf~21ic~~~ ~:.i,.';~~ciC:~c.Jr~~~i:=su. AS SER'1NC THOSE TOWER 8 UllOINGS COMPLET[O ltrr,j TM( PHA.SC . N[W DE1tNll0N •ACIUTIES ft UNOERCR()JNO UTILITIES SHALL ti( CONSTRUCTED AS 111:QUIIIC!) TO SERVE TH£ SIT£ AS OEVELoPE O. AU. WATER LINES SHALL ti( LOoPEO I. 11<£ PRO,£CT SHALL INC LU DE A NEW SIG><AUZID ENTIIY AT SO<UTM UNIVERSITY BOULEVARD, AN EXTENDED LEH 1'\J<IN LANE AT SO<UTM BOUNO UM\oOl!ilTY TO EAST IIOUNO MAIIPl)Oj AVE , ANO A NEW TRAFFIC L4HE fllOII Tl<( NORlli PROPER TY LINE ON lli[ WEST SIOC Of UNIVERSITY BOULEVARD TO Tl<( NIVEASJTY DITR Y, SO<Ulli TO MAMPOCN ANO Tl<(NC( TO lli[ NEW MAMPOCN [Nl!IY AS WELL AS AN ACC(LEAA TlON AN( ONTO IIICST BOUNO MAUPO[N AVENUE . TMAT POIUION Of SUA!'AC( STREET NECESSARY TO SCRVE 'II<£ IUILO<NCS ANO MAIN T""' ACCESS TO M SO,O"IIIY IUllDOHGS SHALL II( COMPLETED IN PHASE I. C. TM[ RCMAIN()[A Of lliE PRO.l:C W1U ti( COMPLETED "' ONE OR MOR[ PHASES. IN EACH C'5£. SUBSEQUENT PHASES •LL INQ.VOC THC C<¥'LET10N Of SU0< PARK IN<. rACILlllES AS AR£ NECESSAR Y TO SERVE M 8UILOIN~ COMPL£TED IN ll<AT PHASE , AS WC L AS M COMPLETION Of M IOOPORAAY PORTION Of SURUCC STREET ARCA NECESSARY TO SEAVE SUCH IUILDINCS. D. SITE PLAN PMASING AOJUSTWCNTS MAY ti( MAO[ IY MUl\lAL A~NT B(1"'££N 'II<( DEVELOPER ANO Tl<( CITY MANAGER OR DESIGN[£, L DEVE LOPER SHALL UPCIIAOE ll<t SIGNAL AT 'II<( MAMPOEN /UNI VEASITY INTEl!SCCTION TO ACCOMMOOA TE A 5"'GL£ LEFT 1\IRN LAN[ •OR SO<UTHIIO<JNO UNIVEllSi TY. TM£ TIMING rOR LIPGRAl)tNG M lllMFlC SIGN AL CANNO T ti( IDENT!FlEO UNTIL COOT ~UT AHO APAAOVAL IS OB TAINED . ,. lliE CITY IOU NO ACCEPT °""(IISMIP Of PMASEO UTIU TIES ALL Slit UT1U T1CS MUST ti( COMPLCTt PAIOR TO Fl•AL ACCEP TANCE BY lliE QTY G. OOTAa.! WATER LINES MUST BE LO()P(O ""10R TO SOIi/iCE USE PH A$CP l M9$C+eNC A. PH ASE I IS TO INCi.UDE LANDSCAPIOIG ALONG SO<U lli UNIVERSITY ILW rR OM ™E NEW CUIIB CUT TO 1'11£ HAMPDCN AVE INTERSECTION AND TO lliE SOUTHCRL Y ENTRANCE TO TNC PRO..lCT . .. IN ADO<TION. PHASE ' •u INCL DE LANOSCAPN: rOR Tl<( ll(TAIL ELEMCNTS A$ WC AS ll<t LANDSCAPING OCSIGNCD FOR ll<OSE IUILOINGS COIIP(TEO IN PH ASE 1 C. rOR SUISEQUENT PH ASU. LANOSCAPIH<, •u. 11£ tiSTALLEO AS -Ol'tl!AT( TO SUPPORT ADDITIONAL IIU<l.OINGS •S COMPLETED lMI&.. A. IT IS EXPECTED lliAT ""ASE I CONS TII UCTION MIGHT KOIN AS CARLY A$ MARCH 200 7 CONSTRUCTION or CACM l'H ASE ON a: ICGIM IS 4NT1C1'A T(O NOT TO OCECD 12-2• MON'll<S COMPUT!ON or ALL PHASES or TWC 11110,LC.T ... [ [r,t:C1t0 TO DCCUII ND LAT[II lliAN O(C("'8[ll 31 201' PROPO~~~G PLAN ~ J J z ~ z 0 u I!; g ~~ ~. ~8 II I! ., I• .~ ·1 Ii 2 Fl.OW LINE ... V, .:S ,J·- 1 6'-~ 'I --· ··---)9'-J" 56 '-0" Fl.OW LINE ~ 1•! I I ..,// ' ' i 15'-7" , ( 2•·-0 e·-,· ' ----------------J &_,,,___•----· -- ADJACENT ZONING MV-R-3-B CITY OF ENQ..EWOOO 279'-4" ,..,,.,,,, ~-~-~ IIUILDINO 2 MAX. IL: 14111 "· (46' ABOVE GRADE ) IIOIIIOUIE IUUIIIO I MAX. IL: ... "· (44 ' ABOVE GRADE) 11!1!'-&" -COURTYARD -- \>! ~ .. R 1 IIAX.IL:~"· I (12 1' ABOVE GRADE ) )-r4oc: ~-1 o PIIOOR --IIHAIL ----___ J IUUIIIO 3 MAX. IL: 1413 "· 4'-Y (41 ' AB OVE CRADE~s r -g• ---------------J----., ---~t ---• --'° IWll'a"r ..... OCNIWM -2 • MAX. IL: -" 'j' (1 50' ABOVE GRADE) ~ . .r:-: .'i' ... Jl'-2"± !------~--~---:;-----~~~ J1 1'-5" "'·" =:, IIAX IL: 5'113 ,r, ( ,e · ABOVE GRADE) ~ ,_ 173'-:t CONl)(JIIIIUIII 10'ml' MAX. IL: 5811 FT (1 79 ' ABOVE GRADE ) 11"·-s· CCINIIW., ._, MAX. EL:!1574 "· (165' AB OIIE GOADE ) 17J'-5" 0 ~I ~ ';,, ' 9 ~ I 59 ·-o· B .16'-7' 6 .. ,. I 7! ~ s -isi ~ .16 '-7' 26'-0" su~; ~ ~~ ... 15'-Jt ~o ~ 4 J '6'-7' -:-'if~ 2 .?'==."-~==-=-~~~~·--··-··-··---------t .. _ .. ___________ c:-------- ==: SOUTH UNIVE:RSITY BOULfVARD E& 1. PROPOSED SITE PLAN SCALE : ,·-so·-o· "' II • -----UNE OF 9'AJ< PlANE CHIMN[YS AUOCD (LOCATION IIAY VAIIY} ---+ 44'-o"(AIIOIII: MST rut.) ----UI' TO 1:12 IIOOF' "11'0< UN£ OF IUU( ~ .,,----(MMj(YS AU.OCD(LOC:A,TION IIAY VAIIY) ~ r .,---~ 4t'-O"(A8011C ntST rut.) ....... jf • • • · • v, TO 11: 12 IIOOF' "'TO< ---t)Ollll[llS •TH -AU*I> ROOf' UN( --.+-Jl'-0"(-,WIST FUI.) l'IIOKIITY I.Ill[ ntlST I\OOlt ---+ 11•0"(-MST F\JI ) ~~·~~~ ---+--1"111V,A~l)(Q( ~~--~ --------------4---'""".:;,-_-_-_;-_i;MST ,ul. ll.(V. (V..S) 67' g• •/• I lf• • • '--1/.-0 SQIIJH & MESI PROPERTY I INE B&U K Pl AME -2 SIORY llMIT NO TO SCAI.£ I.AlmUII- IIAXIMUII .. _ IIAJQIIUII FOO-TAll£A .s III OtF snt US[ UNTS UNITS $.F. FOOTPIIINT All(A llt:-MTIAI. J50 000 1 .. ,,0 "·' •TAI ' 51 !IOO 4:1.7!IO 8.5 IIOADWA'IS 137114 21 .1 -w SPAC£ .,~.,-1 30,I llf"nwn R.O,W ........ .:._ e ,v, 1.J TOTAL J50 M1-497.011 IMft PIIO.£CT SIZE : 11 .41 ACRES M-D£NSITY (11£S,. NTI AL UNITS PER ACII£) , J0,87 NOTts: • 0PtN SPACE FOO-T AIIEA INCLUDU PIIIVATt TtMACCS • IU1LDING ENTIIY AIIEAS -a,-- I . THC IIAXIIIUII ~ OF RESID£NTIAI. UNITS al.I. NOT txCE£1> TH[ IIAXIIIUII UNTS SP[Clfl[O IN THC LANO US[ SUOoalAIIY T All.£. 2. ll<E -IICII OF RESIDENTIAL UNITS •THIN EACH IU ILDING, THE NUllll(R OF IICDROOIIS ANO Oll<U 110011S •THIN EACH RESIOENTIAI. UNIT ANO THE LAYOUT OIF THE RESIDENTIAL UNITS SHAU. IE DETEIIIIINEO BY lllE PROPERTY OWNER SU8£CT TO COIIPUANCC WITH APPUCAIILE BUII.OING coou. J , THC NUIIIER OF llt:SIDENTIAI. UNITS OOCS NOT INCLUDE PROPO&O GUEST ACCOWIIOOATION FOR GUESTS OIF RESIOENTS OF TI<[ PRD.£CT. SUCH SPACES SHAU NOT EXCEED t!IO S.F. ANO NO IIORE ll<AN TWO SUCH SPACES PER BUILDING (12 TOTAL) SHAU. IE PRO'IIDEO. l'N\19' ~ &.WA WA>Qut M -r-T BUILDING '~·-F'[[T) CFtETl NOT<S CONOOIIINIUII ROW HOUSE 1 10200 --2 J 5 7o 1b • CONOOOIINIUII ROW HOUSE 2 IJ50 -2 J 5 7o 1b I CONOOOIINIUII ROW HOUSE J 51!IO 5454 2 J 5 )G. 1b. • CONOOOl1NIUII ROW HOUSE 4 1100 54" 2. J 5 7o 1b • CONOOOIINIUII ROW HOUSE 5 eeoo 5454 2 J. 5 1o 1b I CONOOOIINIUII T09'1 HOWE 1 7J50 54SII 2 J. 5 7o I r~INIUII TOIIIN HOIIE 2 15800 ~-2 J 5 7o • CONOOIIINIUII TOIIN HOWE J ""° ~ 2. J 5 7o • CONOOIIINIUII TOWER 1 32200 .... 1a. 2 3 4 • 1b 7c. • CONOOIIINIUII 1'0W[R 2 1NCU11ED 11 10!0 1 "97 1a. 2 J 4 • 1b 7c. I CONOOIIINIUII TOWER J 4111150 "14 lb 2. J 4 • 1b 7c.. CONOOOIINIUII TOWER 4 INCUIIED II 10IP J ·-lb :I. J 4 • 1b 7c. • RETAIL C[Nl[JI 8Ul.OING 1 9000 54" J I I RETAIL C[Nl[JI NII "NC 2 19500 ~ J.. II.. RETAIL CENlER 11111 NNC J 1.,~ -· J •••• N01t$ : 1. SQUAii[ FOOTAGE AREAS: (o) INCLIJOES BOil< TOWER 1 ANO TOWER 2 (b) INCWOES BOTH TOWER J ANO TOWER 4 :I. FIRST I\OOR EL£VATION : TH[ FIRST FLOOR ELCVATlONS FOR EACH BUii.DiNG All£ -lOIIATt ANO SUll,LCT TO IIO()lflCA TION IY TH[ PROPERTY (MIDI OU[ TO O[ll(LOPll[NT 0/f '1NAl CIIAOINC Pl.ANS. El£VATIONS All£ 8ASED ON USG$ D.£VAT10NS PER CIIADING PUN (SEE PU0-8) J . IIAXIIIUU HCICHT: IIAJO-H(JCHT IIEASUIIEll£NTS AR£ BASED ON USGS D.£VATION$. 4. ON R[SIO£N11AL TOWER 8UILOINGS 1 ·4, NO IIUIU)ING SHAU EXTVCI IEYOND THE MAXMUM BUILDING EN\/£1.0P[ (AS DESCR1BCO IN TH[ PROPOS[l) Silt PLAN ORA-ANO THE 8Ul.OlfiG H[IGHT 51.*WARY) D<CI.PT FOR flRST I\OOR lCRIIACES, UPPCR I\OOR IAL.CON1£S (7 n . PIIO.£C110N AUOW(l)ifu AND laSCELUNCOUS Ft:ATUll[S 9JCH AS 0£COIIA1111[ CORtl1CES, GUTTtllS, ANO OO'MISPOUTS. ILOING HCIGHTS ARE INCI.USl\1£ OF AU PEJIIIAN[NT S'IIIUClUll[S SUCH AS D.£VAT0R PENTHOJSCS. PAIIAP[T WAU.S, STAIRWAY ENCI.OSUIICS, ANTDINAS, tlQOFTOP IIECHANICAL a PI.IJM81NG EQU-,.T AND ll<[IR ASSOC1A T[I) SCllt:EN WAUS • AROITtCTURAI. IIOOF' ANO Flll£PlACE -y 'l:A TVIICS. ll. ON CONOOlolNIUII T(MI HOU$£ IUtU>INGS 1-J. NO IIUII.DlffG OR IALCONICS SHAU [XTtNO IE'l'ONO THC SOUTH a M:ST PROP[IITY LINE 8UU< PlNf£ dt#G 2 a J) [XCCPT FOIi flllST f'l.OOII PR1VATt TERIIACES. OORll£RS •TI< ... DOWS. F'1l£PlAC[ IIIN£'1S ANO IISCW.AHEOUS \IEN1', 4 . FLUES, ETC . I . AN Y CEUULAII TELCPHONC E~T Pl.ACED ON ANY S'IIIUCTUII( IIAY ONI.Y IE INCOIIPORAT[I) UTUZING 'STEAL TH ' DESIGN TtCHNIOU£5 . 7. [NCU)SIJR[S OF TERRACES AND/OR IALCONIES ASSOCIA T[I) WITH RESIO£NTIAL IUIU>INGS IN THC PUO SHAU IE UIIITED AS SET FORTH 1N 'IH1S NOT£ 7. FOIi PURPQS[S OF SIJ04 UIIITATIONS. A "TPIIACE" 1$ AN DTEIIIOR SPACE C-CT[I) TO A ROOf'ToP UNIT OR A UNIT ON THC flllST I\OOlt OF A IIESI0£1111AL IU1L.DH.: ANO A "IALCON,,-1$ AN ClCTtlllOR SPA<% CONICCT[I) TO ANY UNIT OTIO THAN A ntST I\OOR OR IIOOFTOP UNIT ANO A "IAL.CON,,-IIAY IE [JTH[II NS[T OR No.lCCTING f1IOM TH[ IUUJING [XT[IIIOR. FOIi IOTH "ltMACES" ANO "IIALCONICS", NO CEIUNG OR ROOFTOP SHAU IE PEIIIIITTEO WITH ll[SPECT TO ANY RESIDENTIAi. ~ ~OR "TOIRACES" CONNECT[I) TO CONOOMNUII ltOW H0US£S ANO TOWlafOUS(. NO ANENT ll[IITICAI. STIIUCTUR[ OF ANY IONO SHAU II[ P[IIYITT[I) THAT £XTOIO$ WOii£ THAN 42 INCHES A8011E THC LOIIES T El£VATION OIF THE TEIIIIAC( . (b) FOR "TEJIIIACES" CONN£CT£0 TO llt:9'1[NTIA&. TOWER BUIL01NGS 1-•, NO P(IIIWjENT \1£R TIC AI. STIIUCTUIE OF ANY IOND SHAU. IE l'OIIITTtD THAT DTDIDS WOii[ THAN I F'[[T AIOvt THE LOWEST EL£VA TION OF THE TDIRACE DCEPT FOR 1'11£WS[S D(SOIEO AS PART OIF THC~. (<) FOR "BAI.CONICS" NO VERTICAL STIIUCTVIIC OF ANY KIND SHAU IE PEIIMITltO THAT £XTtND$ IIORE ll<AN 02 INCHES AI0\1£ TH[ FLOOlt OF TH[ BALCONY." 8, ROOF TOP IIECHANICAI. EQUIPMENT SHAU IE SCR£ENCO .-o ~ P .. APCT WAI.LS ANO GAILE a IIANSAIIO ~ I , TOWER AT 11£TA11. C[Nl[JI IUILOING 2 TO IE +-20' AIOII[ IUILDHolG IIOOF' ILLUSTRATIVE ROAOWA Y SECTION 0 RESIDENTIAL RI PROPOSED SllE PLAN --IMIIMY PU0-3 ~ J J z -I-z 0 u !!I! IQ~ • ?8 ii II I! ·1 I• .~ ·1 Ii • • I ' I 9EE IIH£ET PIJD-5 P'OII ON-91lt U'IIJ11Q n 11nn11 n 11nnll n j .., () Co () 2: ... -• ... ... _, _ -"-,.. ... 2: V, .., ... le.., C D BLO C K j KfNT V ILL G[ SfCONO Fl INC -....._ __ : ElGS'lljQ e• ._ TO K REPlACED 11TH PIIOPOso) 12" ._ . _J_, __ L_~~ I I --r I I I --r I --t I I: I I --r I --t ==t I • --~ I I --+ I PROl'OIED , 2" .. ElOS'IIHO t• WL TO It ll£PlACED 11TH PROP09ED 12" 1111. 9 HI L L S I L I N G -I !I • 0 JO • ,. ····· -·····-- ~ J J z -r-z 0 u r~:~1rw. ( J ,n,r m: .!=, J,,--t-~~=--::=:;:----,:=::::if i i ' I I ... II) CONNECT P110P09m 1r W. 'IO DlllllNQ .. Ill. 12"Xe" 1IE SO O 25 SO 100 . . . . . -·····-- -' D BLO CK 9 H1 P D [ N ~ I L L 5 l 5[ O N O /LI NG 8 5 4 J PROPOSED 31• PIIO.ECT -------~ -- AS1fY (T't'P) j P110P09m 12• Ill. 2t' l..i (.,) cc (.,) <!: <( -• ...J ...J _, - -L... :,. I --- .... ..... <'. V) l..i <( le .., C L_J~I _/LJ 1 . B LOCK J K[N T V I L L G [ SECOND F l ING ---;.. ------- ------::_--.{ -_ _[ 1 :£_' :., .. ...... --~ --..... -----;;,.,..t~ ~~--------=----------~.;-:~--:--::-_:=:.-::......::.: ..:::--;;:;...·:---:-:.'._ -_~-------. CT y PROPOSED ON-Sl1E Ull.JlY PLAN ... _., ~- -Ii r-, _J I ........ 1 ( ----r I I -. --.J I I L E I /I NG ' ... -""' -· i i ' t ---== I I 8 = = --LC ·-- ~ -~--EXISTING IIAJOII CONTOUR -~--· ElCIS11NO -CONTOUR ~ PIICPOSm IIA.IClR CONTOUR -PIIOPOSE> -CONTOUR IO 0 25 90 100 . . . . . -·····-- -II i ! r- i. 1' I (, ~ ' I I : I ( \. ~PR:OSE~n I RAMP TO I I UNOERGROU Np '-]GARAGE ~ '-_.,.---- NOCr't1 '.Jr"'W ,,, .... 1 ...r t.....J"---'-...r--'-...r---'-__ _,---,_.,-, I I I MAIL KIOSK ZONE I ltMPOltARY ........ ~~----,_ J"'\... ..r--.......... ..r,.... ~ --~ J 240'-0" 15'-1i:--. ,...,..---,..f\... __ ~---, I BICYCUE I / I PARl<INC _.,.{ I LOCA TI ON I I (MAY VAR Y) I L _ --.._ ....r ------_.-r--L---r-----......... _.J .,.,, .......... ~~s,-~·~ .---==:::========:::, --. " ~ SO UTH UNIVE:RSITY BO ULEVARD I I I I I I I BICYCLE I r::~~ I (MAY VARY) I I GROUND LEVEL PARK ING ~ -----J CARACE W/ 2 UNDERGROUND SIMILAR F\.OOR P\.A lt:S I W,4~SP:li:ir~;l~~.I TOT AL INQ.UOING UNOERGR<ilJNO F\.OORS UP TO 4.15 SP ACES '. INQ.UOE : 2 PARl<INC SPACES ! PER UNIT (210 UNI T$, 420 SPACES ), ;.c:;~Nt.1 ~A:;A!tfcs$BLE SPACES , AND UP TO 15 SURP CU S-SP~. ~ INQ.UOES STORAGE SPACES I ~J0~~Nlsv.::s.1 ~~H:~f~RE : ~1t~~";..:~u::~ EUEVATORS, I EL.EVA TOR MACHOIE ROOMS , ETC. I 210·-o· I 26J'-1" ,----,' ~ -=----=-~ ~-··-··-··- 1. PROPOSED SURFACE & RETAIL PARKING PLAN N SC ... LE : 1"• 50'-0" II ,o ,,, 2. COMMERCIAL STREET SECTION NO O SCALE J. RESIDENTIAL STREET SECTION NO O SCALE WU.. 1. • VAN ACCESSIBUE SPACES SHALL 8E PROVIDED FOR RETAIL ON SURFACE PER AMERICANS Vl1TH DISA81LITIES ACT ACCESSIBILITY GUIDELINES 2002 (ADMG) REQUIREMENT$. 2. HANDICAPPED PARKING SPACES (9'-0' • 1a·-s· MIN . + 5'-0" AISIL.E) SHALL BE PROVIDED FOR RETAIL ON SURFACE PER AMERICANS V.,TH DISABILITIES ACT ACCESSIBI LI TY GU IDEUNES (SEC . 4.1.2, 2002) AT 9 SPACES PER 401-500 SPACES , GARAGES HAVE ELEVATORS TO GRADE . 3. STANDARD HANDICAPPED PARKING SPACES (9'-o· x 18'-o' + 5'-o" AISIL.E) SHALL BE PROVIDED fOR RESIOCNTIAL BUii.DiNGS IN LINDERGIIOUNO GARAGES PER AMERICANS WITH gt~~E1JE~~~ls"c~~~~~:1~M;~i~~·-t· ~~tvi~Jils A/o 2 ~~C~T H:oTgZ~to PARKING SPACES ARE PROVIOED AT GRADE FOR RESIOENTIAL UNITS . 4 . TOWNHOUSES HAVE OVERSIZED PRI VA!t GARAGES BELOW GRADE V11TH DIRECT ACCESS TO EACH UNIT. NO OESIGNAlt:D HANDICAPPED SPACES Will BE PROVIOED FOR TO-OUSE ~TS ' 5, LOCATIONS or MAIL KIOSK ZONES MAY VAR Y DEPENIOING ON DISCUSSION Vl1TH USPS. e. SIJRFAct PARKING •THIN THE RESIDENTIAL LOOP ORIVE IS GUEST/VISITOR PARKlNG ONL Y. ALL REQUIRED RESIDEN TI Ai. OWNER PARKING SHALL ll[ ll£1.0W GRADE . SEE PU0-8. 7, BIC YCUE PARKING SHALL BE PROVIDED PER ENGUEWOOO MUNICIPAL CODE SECTION 11-S-4, K, BICYCU: PARKING SHALL BE PROVIOED FOR RESIOENTIAL CONOOMINIUM UN ITS AT ONE SPACE PER TWO UNIT$ (350 UNITS/2 • 153 SPACES) AT GRADE OR IN UNOERGROUNO GARAGE. BICYCUE PARKING SHALL NOT ll£ PROVIDED FOR TOWNHOUSE UOIIT$ AS EACH UMIT HAS A PRIVA!t GARAGE , 8'CYCLE PARl<ING SHALL ll[ PROVIDED FOR RETAIL AT GRADE AT ONE SPACE PER 10 PARKING SPACES (208/10 • 21 SPACES ). 8. SNOW STORAGE AREAS ARE APPROXIMA lt. EUIIINA TlON or SNOW WITHIN THE PR0.1:CT SHALL NOT BE THE RESPONSl8'U TY Of THE CITY ANO SHALL BE REGULA ltO THROUGH THE COVENANT$, CONOl110NS ANO RESTRICllONS COVERING THE PROPERTY. ND PUBI.IC RIGHTS or WAY SHALL BE USED FOR SNOW STORAG(. SURFACE PARKING LEGEND QTY, TYPE NOit 47 STANDARD 7',20' PARALLE L 47 UTOTAL QTY. TYP£ NOit 0 STANDARD 9'118' HEAD -ON 90 ANGLED 9' • 19' -a· 10' ANGl.£0 S HC 9' • 19'-e" eo· ANGUED WI TH ,·-o· AISIL.E 2 VAN ACCESSIBLE HC• 9' 1 19'-a· so-ANGLED WITH a·-o· AISIL.E ti UTOTAL GARAGE PARKING LEGEND OTY. TYPE H IN PR IV A It G""ACES AT GIIADE OTY . TYPE 108 GARAGE 1'D'ml 3 ANO 4 (m l'UO I) QTY. TYPE 145 G""AGE (AT ORAOE LEVEL) NOit: ROIIHOUSE -DWELLING UNITS .. TH ON GRADE PARKING TOWNHOUSE -DWELLING UNITS WITH BELOW GRADE PARKING ·~·llQN ..... UftJT'f[-T 1 r-o_·_-,,.. __ 11_·-....;o_· _ __,__ __ 1.:...3'_-o.:...·--i--T-AU*-LMY LANl 11 ·-o· 6'-o· -..... --... \Cl., 4 -=-· 2'-e· CM 4. SOUTH BOUND UNIVERSITY SECTION NOT TO SCALE PROPOSED SURF ACE PARKING PLAN DDMII 1D1NMY .............................. PU0-7 I-D(~Sl<.H[l)==-.:.IY,;_ll:.;;S::......,..:.SC:;A.::LL=-.:...1"..:•.::~::.·_-::.0"_~ IH((To OIIAa. IY IIS OAT( 11/13/0I CHt'.Clt[O I Y Of' l'tl0,£CT OID1 00 ~ J J z -I-z 0 u ai X! ~ {. ~8 II I! ·1 I• .~ ·1 I. 'l Uu .'.C>\. '' ,r·.·1i,vt.,: 11 •-r il .. 0 • ...-.·•,1,t I ' ···-t \\ ' -·· . -, ( ' I .. -•···· ---·-~ / ·;'·~-, I : Ii . -.. ---·· ···--____ r .. -- 11. 1 jl ~ 11~ I,· I! ' 11 , , 11 11 11 1 I 11 I ' I L ... ,,. ...... j,l(,t I,.~. ,.,,.,., ....... ........ ., ... ,t,J..,'/f !IN ) ·-·-·· \ . \ \ \ ·.\ \ \ ' \ \ \ \ ·-. l ..lt,. --., .'.. .,,,..·, -.:..:-.:...~.-·i·,. ·1 ~-"'-,.,,.. \ '-"---==~·-1 11 --=--.,-• .r •. ..:. .:..:. . .-:..: • ..::_~_J=;:,=---==-==--=1--r-I~ J I J ~· . '-·--.. -·· _.____ b-------------~-----= ~ 1 -I --· -::--=-:--:= ____ :o.-~,,~~ . --. :::r= e:!=--. - --·-· ---------·. ---·--·--·-·-----l------------ .J!'ir 1: •' t., _;.(:.H T .: .. IHl· •'· •. i.t,,tPJ..·· ,:-"'I I; . .... I .J J LEVEL PARKING GAIIAq[ W/ SIMIL.Alt FI.OOA PlA TES INQ.U0£; L2 PARKING SPACES PER UNIT (210 NIT'S • 420 SPACES). INClUO[S 7 HANOICAl'Pt:D SPACES ANO 2 VAN ACCESSa.£ SPACE , ANO UP TO 1 S SURPLUS PAlll<ING 5P.ACES. 1 STOR!•GE SP A PER UNIT (210 SPACE') IN I-HR. ENClOSURE. INClUOCS STAIIIS. MECH CAL. EL£CfflCAL. PLUIIIIING, WATER PU , SUIIPS. El.£VAT011S. ELEVATOR MACH .. [ ROCIII.S..t.Tl:---- __ , __________ __j ""11,, _______________ .. ___ ,, .. \\ ·;;-o-;--:"\~ '\',·'' ~---. \ \ \ \ ' ' \ \ \ \ ' ~ • ), __ .. '-~..l. --·-----------~~~~~~=--=~=- I \_ __ ,_ 1. 1r.; '· \··---- 1 e,.PROP0S:~A L~~-~E5~'::.ouNO PARKING PLAN ' 11 • ,,, PARKING GARAGE LEGEND 1QIIIHQUII 'MICINO (AIUalll U UNITI) QTY. TYi'[ NOTE 51 STANDARD MIN . 9 '•11' (IN PR1VA TE GARAGES) 11 IUl10TAL 2.2 SPAC£S/\JNIT EST. -( 2/UNIT MIN .) 1QIIII 1 NIii I , .. (AIUalO • 111111) QTY. TYi'[ NOTE 182 STANOAIIO MIN. 9'•18' 90' '(2 SPACES/IMIT MIN .). NOTE 1 5 HC MIN . 9'•11' 90' 'II/ 5' AISLE, NOTE 2 1 VAN ACC£SSl1l£ MIN . 9'•18' 90' 'II/ 9' AISLE, NOTE 2 ,. IUl10TAL 1QIIII J NIii 4 , .... (AIUIIIO UI' TO 110 Ull1'S) QTY. TYi'[ NOTE 421 STANOARD WIN . a·.,a· 90' '(2 SPACES/UNIT MIN .). NOTE 1 7 HC MIN. t',18' 90' 'II/ S' AISLE, NOTE 2 2 V"" ACCESSl1l£ MIN .••• , •• ao· w/ a· AISLE , NOTE 2 4311 UTOTAL TOTALS 145 SUIIFAct PAIIALLEL ANO ANGl.£0 17 PRIVATE R0 .. 0US£ GARAGt SPActS S1 STANDARD TOWNHOUSE PAIIIONG 108 TOWER 1 ANO 2 R£TAII. GAIIAG[ SPACES 118 TOWER 1 ANO 2 RESIOENTIAI. GARAGE (SEE PUO 8) 435 TOWER J ANO 4 R[51DENTIAI. GARAGE (5£[ PUO 8) .. QIINIII TOTAL ,__. NO'III 1) STRUCTVR£0 PARICINO OtMENSIONS BASED ON THE •GUIDELINES FOR PARKING OEOMETRICS• IY TH[ NATIONAi. PARKING ASSOCIATION (NPA) APRIL. 2002 2) HANDICAPPED PAIIKINC PIIOVIOCO FOR CONDOMINIUMS .. BELOW GRADE PARKING GARAGE e 12 .0 PERCENT or TOTAL REQUIRED SPACES PER AMERICANS WITH OISA8IU1l[5 ACT ACC(SSIII IUT't' GUIDEUN[S (2002) ~ HANOICAPPEO PAlll<ING PII0\10[0 FOR RETAIL (ON SURf'ACft e 7 ACES FOR 201-JOO SPACES PER AMERICANS Will, OIS"81U S ACT ACctSSIIIIUT't' GUIOEUNC$ (2002) 4) RETAIL PARKING FICUll[O e 4 SPActS / 1,000 S.F. or COMMERCIAi. SPACE (~1 .500 SF / 1000 • 51.5 X 4 • 20I SPACES MIN .) JQwt#H®:if PABKING UP TO (23) TO...OUS[ UNIT'S .. UP TO (3) BUILDINCS SH•LI. BC CONSTRUCTED ON UP TO (J) STRUCTVR£0 PARKING GAll•GES PRMAIIII. Y 11:LOW GRADE . EACH TOWNHOJS[ SHALi. HAV[ ACCESS TO A PIII VA TE 2 OR J CAR GARAGE WITHIN TH[ UNDERCROUNO GARAGES 111TH PIIIVATE ACCESS TO EACH UNIT. VISITOR PARK ING 15 ON TH[ SURfAct IN PARAU.El. SPActS (SO: PU0-7). AU. GARAG(S SHAU IE SPRINKLER£0 ANO MECHANICAI.L Y V[NTILA TEO AT LOC• T\OOIS TO I[ OCTERM .. EO . CONOQWIIYN PAftKINC AT LEAST 2 SPActS PER UNIT !JP TO (298 X 2 • SH) STANDARD PARKING SPACES (I NCLUDING) A MINIMUM or 1~ HANOI CAPP£0 SPACES SHAU 8E CONSTRUCTED IN AT LE•ST 2 1.t-.tLS or ENCi.OB PRMAIIIL Y UNOERCROUNO GAIIAGES. THE GARAGES SHALi. ..CLUDE STAIR I< [UVATOR COR£S , MISctLLANEOUS WECHANICAl./tL.ECTRICAI. .. PLUl.eiNG SPACES AS NEEDED .. STORAGE COMPARTMENTS (IF ANY -TO 8E OETERM..CO -BUT NO MORE THAN 1 PER UNIT) IN 1 HOUR RA TEO ENCLOSURES TH[ GARAGE SHAU II[ 5PRINKLER£0 I< W[CHANICALI. Y VCNTIL• TED AT LOCA TlONS TO IE DETERMINED . MINL PNIQNC AT LEAST 4 $PACES PER 1,000 S.F. (51,,00 S.F. COMMERCIAi. / 1000 • 51 .5 X 4 • 20I SPACES) .. CLUOll<O 7 HC Plltl(ING SPACCS SHAU. 11£ CONSTRUCTED IN 1 LEVEL or FU.LY UNOEROIIOUNO PARl<ING IELOW TOWERS* ON THE SUIIFACE . THE GARAGE SHALi. 8E ruu.v SPIIINKLER£0 * M[CHANICAUY ',(NlllATEO AT LOC ATIONS TO IE DETERMINED . ftAMQJK PNISNQ UP TO 2t RO-.OUS[ UNIT'S .. !JP TO $ BUILDINGS SHAU 8E CONSTRUCTED PIIIMAIII. Y ... OVE GIIAO[. EACH VNIT SHALi. HAVE A PR1VA T[ 2 OR 3 CAR CAR•GE '111TH PRI VATE ACCESS TO tACH . PROPOSED ~G~KING PLAN CICCIC[l) IY 0, ~ :J :J z -r-z 0 u l!I! 1'1~ {. 58 Ii II I! ., I• -~ ·1 I. I CONNECT ~ P£DESTI!IAN CIRCULA T10H TO [lCISTINC SIDEWALK PEDESTIIIAN CIRCULATION ATTACHED (I' WIOE MIN .) NEW CURii CUT It CROSSWALK ' .... I' PE0ES11t1AN ~ CIRCULATION : ATTACHED I (I' WIOE MIN .) I I 10·-12· PEOESl!IIAN POLE UOHTS e llt:TAIL rRONT"GE (JO'-&O' O.C. SERVICE YARD \ ' H00·1;~J~'W ==~ ;:~ . ."~fu.: • -·----- PEOES1111AN CROSSWAU< L--------1·-t---t--t>-=T:,~ ROWHOUSE It TO-DUSE EACH UNIT TO HA'tl[ INDIVIDUAi. rRONT PORCH LIGHT. T'!!'. PEDESl!IIAN ---------• NEW cim.oc ... mij" BUS -STOP W/ -PEDESTRIAN CONcltETE SURROUND -LOCAllclN -JR~~ TQ « llJ:ID!"'lli~ ox am 1-~~TlON "TTACH[O OIi UNATTACHED PEDES1111AN CIIICUV.TION "TTACl<EO OR UNATTACHED ----11.~~ 1 1 M"Y VA.RY +---~PEDES1"'AN CIRCULATlON UNATTACHED ('' WIDE NIN .) I L_ CONNECT NEW CONCll[T[ SIDEWAU< TO ElCISTlNG ~:'1!:;.'!'l!'°~J . ~ ______ -------:::,_ (I' 11110£ MIN .)_ :t NEW CURI CUT = le CROSSWAU< SOUTH UNIVE:RSITY BOUL£VARlf ··---------·-------·--~=--------- PROPOSED PEDESTRIAN CIRCULATION PLAN SCALE : t"• 50'-0" II II IOI tlWQ:. 1. NUMIPI ANO CXACT LOCATION ANO SIZE OF MAIL KIOSICS TO It DETtRlollCO i'OI.LOWNG DISCUSSIONS •1H US POSTAi. SP'tlct 2. LOC,.TION OF [NTI!Y GATES MAY VMY l . PEOES11t1AN UOHTING IN 11£SIOENTIAI. "IIEAS TO It POI.£ MOUNTED '1XTVll[S •1H METAi. HAUO[ (OIi EQUAi.) I.AMI'S •1H CUT-OFF SHIEU>S ON l '-10' HIGH POI.£$ "T JO'-IO' .ACING. 4. PEDESlltlAN UGHTING IN IIETAIL AIIEAS TO BE Po.£ IIOUNTEO '1XMES •1H IIETAI. HAI.JOE (OIi EOUAl) I.AMPS •1H CUT-OFT SHIELDS ON 10'-12' HIGH Po.ES AT JO'-tO' Sl'...ONG. ,. EACH COl«lOMINIUM UNIT •1H A IAI.COHY TO HA'tl[ AT LUST ONE (1) INCANDCSCENT OIi '1.0Ull[SC[NT OECOIIATI'tl[ UGHT. EACH TERUC[ UNIT TO HA'tl[ AT LUST ONE (1) INCAl«SCEHT OIi '1.0UAESCENT OECOll"ll'tlt LIGHT AT ENTRY ANO AT GIIQJ!jO '1.00II TEIIRACE . Al.I. AESIOENTI"L '1XTUMS TO I[ SHl[Ll)(O TO -IZE INCIDENT"L UGHT Al.ONG NOll1H ANO IIQT PIIOPEIITY LINES. I. Al.I. SERVICE LIGHTS TO BE SHIEi.OED FRQU AO.JACENT PIIOPERTlES. 7. AIRCRArT WARNING UGHTS TO CONrOIIM TO MIHIMAL r ...... REGULATIONS. ~xJ:r. GA.RAGE [Nl!IY TO HA'tl[ SH1EL0£D SER't1C£ UGHT PROPOSED PEDESTRIAN C1RCULA llON PLAN ........... PU0-9 ~ :J :J z -I-z 0 u ~a l'1 c£' (. ga -I II I! ., I• .~ ·1 Ii ........... ,., .... , / e 5 / / ~ /J / / , t! , ~ ' •ii / / ~ / 'U C ii .... V> ~ ~ ; ~ ~ I J .... ~ 2 I __________ J SURF ACE Al.LE Y =----------- SOUTH UNIVf:RSITY B0UL£VARD ADJACENT ZONING R-2 ARAPAHOE COUNTY PROPOSED LANDSCAPE PLAN SCALE : ,. ... so·-o · II ,, '°' LANDSCAPE LEGEND <l> ~TED IIUff'EII ZONt <v ENTRY ZONE 0 INT!R10R LANDSCAPE 0 HAROSCAPE ARtA 0 PRIVAl[ • PU8UC l[RRACES OR OECKS 0 RIQiT Of WAY (ROW) LANDSCAPE ZONE ~ TREES r-771 ZONE MAY CONTAIN TR£[$, SHRUIS, OIIOUND ~ CO\'OIS, SOO. AND S1D£WAUCS (AT STRaTS) ~ ZONE MAY CONTAIN TREES. SHRUIS, SOO . ANNUALS, ~ PERENNIAL$, Fl.OWERS. GROUOID CO-. Uc:HTINC , AND SIO[WAU<S (AT STREETS) • Sl~AGE/IIONUMENT(Sf:E PUD 11 ) 1'77771 ZONE MAY CONTAIN PED£5TIIIAN WALKS, LIGHTING, ~ SHRUBS, TIIEES, SOO, GROUND CO'JEIIS. ANNUAi.$, FRONT ENTRY STOOP$, WA TEii ftA lURES. MAIL KIOSKS iR+R+1 ZONE MAY CONTAIN RNISHED CONCllf;l[, WOOD D£CK1N0 UOHTINO , ~ TREES IN GRAl[S, • OR PLANTVIS STIIEET rul!NITURE , WA1[11 FtA'IIJIIES, POOL, HOT TUBS/SPAS, GRASS , SHADE STRUCNRtS, PA\/IUONS. ~ ZONE WAY CONTAIN RNISHEO CONCR£1[, PRIVAl[ ~ PlANTlNGS IN CONTAIN£JIS, RJIINllURt, SHIELD£0 UCHTS ~ ZONE WAY CONTAIN SIDEWAI.KS STIIEET TRtES O 1/JO'OC.SOO . ~ SHRUBS, MULCH, GROUND COVER, STREET UOHTS TYPE SHRUBS RtQUlfttD \1>110111om• REQUIRtD I PROI/IOED' NUMBER 1ee I 199 8JO I - R[OUIREO LANDSCAPE AREA: (RLA) (BASED ON MULTIFAMIL Y IIES10ENT1A1.) RLA: 497,011 Sf X .2~ • 124,253 Sf MA)(JMUM NON UI/ING LANDSCAPE AREA 124,253 X (J61C) • 4J,481 Sf" E)(JSTINC TREE CIIEOITS • 0 NUMBCR Of TREES (RLA / 7l!O) • 124,253 / 7l!O • 166 X 1.2'• 199 TIIEES NUMBER Of SHRUBS (RLA / 7l!O) X 5 • 1st X 5 • 830 X 1.2 '• ON SHRUBS IRRIGATION: Al.l IRRICAllON TO 8E AUTOMA TI C UNDERGROUND SYSl[MS (DRIP.SPRAY) Pl ANDNC NADA '· EXACT LOCATION Of PAllllCULAR PLANTINGS lllll BE DElIRMINED AS THE AIICHll[ClURE IS f1NAUZED . HOWEVER . DEVELOPER SHALL COMM IT TO EXCEED M PLANllNC REOUIIIED PER ENClWOOD LANDSCAPE ORDINANCE NUMIIERS 8Y 2Dll IN EACH CA l[CORY. EXACT LOCA 110N Of PLANTS NOT DETERMINED . PLANS SHOW PREUMINAIIY CONCEPT Of TYPES. PLANTS MAY 8£ PLACED ANYPLACE WITHIN IIOUNOARY Of PIIOPERTY. PROHlllll[D TREES: BOX ElOER , COTTON WOOD (FEWALE), Slll(lltAN CUI LANDSCAPE PlANTlNGS • IRRIGA 110N PLANS TO 8£ SUBMITTED AS PART Of IIUILOtNG PERMIT APPUCA TIONS FOR EACH CONSTRvCTION Pt<AS[, COIIIION AREAS TO HAVE PHASED PLANTING PLANS . NO ENCLOSURE Of PlltVAl[ TDIRACES PERM ITTED. LANOSCAPE AIIEAS TYPE AREA PLANl[~ 111,ff!;R ZONE 0 30.5~2 s .r . ENTR Y ZONE (f) 10,1154 S.F. IN TDIIOII LAND$CAPE Cl) 57,6 76 5,F . HAIIOSCAP( All£A <..'.> 31 ,287 S.F. PRIVAl[ TDIRACES 6) o ,428 s .r . ROW LANDSCAPE ~ 8 ,230 S.F TOTAi. LANDSCAPC AIIEA 146,037 S.F. N01[S WAX. AREA 4J,481 s .r . 50lll MAX. APP\JC-.c PROPO SE D LANDSCAPE PLAN --~ ~ J J z -I-z 0 u ~! IU, ~-~8 II I! ·1 I• .~ ·1 Ii I SIGNAGE/ENTRY , WAU./LOCA TION I SHALL COMPL y I WITH ClTY SITE TRIANGLE , R[QUIREMEN TS ' ' I I :SIGNAGE/LOCATION I I ,SHAU COMPLY 1'MTH OTY SITE ::~~~ENTS I ! ~~~~ -© MAY VAAY 0 1 , SHAU COMPLY lMTH OTY SITE ~'"' ' ~--: _---~:--------~ ~~~~.,.,;: '°~~ .. :·---~"'"'--"---------------------- ALL SIGNS TO MEET CITY Of ENGLEWOOD SIGN COOE PROPOSED SIGNAGE/FENCING PLAN SCALE : 1"•50'-o· II • '" F'ENONG L£GENO NO 'T'IPE LOCATION NOTES [IJ UP TO 10' MINIMUM MASONRY ON THE WEST NOTE 5. SOUND/PRIVACY WALL PROPERTY LINE rn UP TD 10' MINIMUM MASONRY ON THE NORTH NOTE 8. SOUND/PRIVACY WALL PROPERTY UN[ m 2' -1 O' MASONRY WALL ANO OR AT PRo.£CT ENTRIES WALLS AT ENTRIES TO VARY IN HDGHT FOR ENTRY MONUlolENT SIGNAGE, L.ANOSCAPING, AND IIISIOINlW. UNIT PRIVACY. NOTE : ENTRY WALK LOCATIONS TO COMPLY WITH OTY SITE TRIANGLE REQUIREMENTS SIGNAGE L£GENO NO TYPE LOCATION CONTENT EST. I NOTE CD WALL/GROUND UNIVERSITY COMMUN ITY IOENTITY 1 AND HAMPDEN ® WALL OR GROUND BOTH SIDE or PRO..t:CT IDENTITY • ENTRY °"1VES IDENTITY-LOGO @ WAU. SIGN/BLADE SIGN/ BU ILDING MOUNTEO MAJOR TENANT CANOPY SIGN/ AWNINGS IDENTITY-LOGO © WALL SIGN/9LAOE SIGN/ BUILDING MOUNTED SECONDARY TENANT CANOPY SIGN/AWNINGS IDENTITY-LOGO @ -OOW SIGN/L£TTERING IN RETAIL 'MNOOWS ADDRESSES-HOURS 1ST ANO 2ND FLOOR or OPERATION © WAU. SIGN/HANGING SIGN RETAIL, GARAGE a. RESIDENTIAL PARKING INFO . I/ENTRY BUIU)ING FACADES HEIGHT UMITATIONS Q) WAU. SIGN RESIDENTIAL BUil.DiNG BUILDING NO . & 2/IU)G. FACADES AOORESSES © WALL/GROUND MOUNTEO SITE ENTRIES WAY ANDING 2 MAP/SIGN ENTRY GATES ® TEMPORARY SIGNS BUILDING PROXIMITY IOENTlRCA TION NOTES: 1. AU. RETAIL SIGNS SHALI. BE IN CONFORMANCE 'M TH THE SIGN SECTION or THE COMMERCIAL OISTRICT STANDARDS or THE ENGLEWOOD MUNICIPAL CODE , AS AMENDED . 2. ALI. SIGNS SHALL CONFORM TO THE MAX IMUM SIZE /AREA, HEIGHT ANO NUMBER LIMITATIONS SE T FORTH IN THE ENGLEWOOD MUNI CI PAL SI GN CODE . AS AJMENOEO . 2. 3 z. 3 1, 2 1, 2 1, 2 2. 3 2. 3 2, 3 2 J . NUMBER Of SIGNS Of A PAR TI CUL AR 'T'IPE , WH ERE USTEO. IS AN ESTIMATE ONLY. EXACT NUM IICR TO BE OETERMINEO WHEN SiGNAGE PLANS ANO SPECIFICATI ONS ARE COMPL£TEO , BUT NOT TO EXCEED . 4 . PROHIBITEO SIGNS : BILI.BOARDS , PORTABLE SIGNS, WH[[L£0 ADVERTISING SIGNS. BALLOONS, AN IIIATEO .. FLASHING .. BL INKING SIGNS . ROOF SIGNS , MURALS . 5. NEW WEST WALL: ALONG THE VEST PROPER TY LI NE. DEVE LOPER SHALL CONSTRUCT (THE "NEW VEST WALI.") A 10·-o• HIGH NOVA SOUND WALI. (INCLUDING INTER IOR SOUND ABSORP TI ON MATERIAL). BUii. T ON PERMANENT BELOW FROST UN[ CONCIIETE FOUNOA TIONS PER NO VA SOUND WAU. SPEC1f1CA TI ONS lMTH COLOII , TEXTlJII[ ANO DESIGN FEATURES ON TH E WESTER N-FACING F ACAOE Of THE WAI.I. (JNCLUOJNG PILUIIS) TO IIA TCk THC DESIGN AND CONSTRUC TI ON SPEClflCA TI ONS (EXCCP T HEIGH T) ANO APPEARANCE or THE PRESCNTL Y EXISTING NOVA SOUND WAU. CURRENTLY EX ISTING ALONG THE SOUTHERLY POR TI ON Of THE WEST PROPERTY LINE . THE NEW WEST WALI. SHA U. HAVE STONE CAPS Of A WARII CRA Y TONE . HEIGHT Of THE NEW WEST WALL SHALi. BE DETERMINED AT TH E GRADE JMMEOI ATELY AD JACENT TO THE WESTERI.Y EOG£ OF THE NEW WES T WALI. AND SUCH HEIGHT AS SO DE TERMINED $HALI. BE NOT L£SS THAN 10'-0" a. MAY EXCEED 10'-0" 'M TH PERM ISSJON Of KENT VILL AGE ASSOC1AT10N . e. NEW NORTH WALI.: SIMILAR TO TH E NEW WE ST WAU. WI TH HEIGHT TO BE DETERM INED BY THE DE VELOPER 1.r1ER CONSULTATION WITH THE PROPER TY OtlNERS TD TH E NORTH C1f THE NOR THE RLY PROPER TY UNE SHALi. BE BU ii. T ALONG THE NOR THERLY PROPERTY UNE (THE "NE W NOR TH WALI. "). 7. CONSTR UCTION SCHE OU L£ FOR NEW WEST a, NE W NORTH WALL. THE NEW WE ST WALI. JNCI.UOJNG THE WE STERN-FACING FACADE AND THE STONE CAP (BUT NOT INCLUOING THE EASlERN-FACING FACADE) AND THE NEW NORTH WALI. INCLUOING THE NORTHERLY-FACING FACADE ANO THE STONE CAP (BUT NOT INCLUDINC THE SOUTHERLY-FACING FACADE) $HALI. BE COMPLETED PRIOII TO DEVELOPER COMMENCING DEVE LOPMENT ON THE REIIAINOER Of THE PROPERTY, EXCEPT FOR SUCH WORl< AND GRAD ING AS N[CESSAR , TO CONSTRUCT THE NEW WEST WALI. OR THE NEW NORTH WI.LL OIi 45 OTHERWISE AGREED BY KENT Vil.I.ACE ASSOCIATION 'MTH RESPECT TO THE NEW WCST WALL OR THE HAMPDEN HtU.S ARCHITECTURAL COMMITTEE WITH RESPECT TO THE NEW NORTH WAI.I. PROPOSED =~NCING PLAN 1-z 0 u Ii II I! ·1 I• .~ ·1 I. ORDINANCE NO . SERIES OF 2006/2007 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE AMENDING TITLE 15, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO GRAFFITI. WHEREAS , the City Council of the City of Englewood, Colorado wishes to streamline the abatement process by reducing times that are impossible and impracticable concerning graffiti ; and WHEREAS, the Englewood City Council finds that graffiti has a detrimental affect not only to the owner of the property but to the community; and WHEREAS , the abatement of graffiti will help the health, safety and welfare of the citizens of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood hereby approves amending Title 15 , Chapter 3, of the Englewood Municipal Code 2000, to read as follo w s : 15 -3: ADMINISTRATIVE ABATEMENT OF NUISANCES 15-3-1: The City Manager's Power to Abate a Nuisance in Case of an Emergency. The City Manager is hereby authorized to immediately abate or enjoin any nuisance existing in the Ci ty without following the procedures of this Chapter in the case of an emergency, whether or not such nuisance is specifically recognized by this Title. 15-3-2: Administrative Abatement Procedure in Non-Emergency Situations. If, after ins pecting the property on which a nu isance is reported , th e en forcement personnel who are charged or designated by the City Manager with investigating nuisances declare the existence of a nuisance, the following procedures shall be followed . A . Photographs and/or videota pes and/.ef written reports and findings sha ll be generated. B . The responsib le party or parties shall be determined. -1- 11 bi C . D . E . F . Withie tke fH"st se>,·ee (7) says ef tke aiseaY@f)' ef a Bt:tiseRee tihe Code Enforcement Officer(s) shall have the discretion to informally abate the nuisance by speaking with the responsible party. In the event that the informal proceedings fail to abate the nuisance within the seven (7) days or three (3) days in the case of graffiti the Code Enforcement Officer may, at his/her discretion, issue a summons and complaint to the responsible party or shall issue a not ice pursuant to E.M .C . l 5-3-2(D). If the nuisance has not been abated by the informal process or a summons and complaint has not been issued at the conclusion of the seven (7) days or three (3) days in the case of graffiti set forth in E .M .C . 15-3-2(C), a written notice in essentially the form set forth in E .M .C . 15-3-3 of this Chapter shall be served upon the responsible party by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, responsible party shown by the records contained in the County Clerk and Recorder's Office or in the county tax Assessors Office, or by mailing a copy of the written notice to such responsible party at such place or address by United States Mail, certified return receipt. If service of such written notice is unable to be perfected by any methods described above, the enforcement personnel shall cause a copy of the notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, or by posting the notice on the property. The notice shall state clearly and concisely the findings of the enforcement personnel with respect to the existence of the nuisance, and the section of the City ordinance(s) that have b een violated. The notice shall also s a te th:n unless the responsible party shall cause the abatement of the nuisance pu rsuant to the notice and this Code, the City may abate the nuisance at the expense of the responsible party or may issue a criminal summons and complaint or both. JS-3-3: Notice Form. The following notice shall be used by all departments empowered with the abatement of any and all nuisances of this Title. N OTICE Notice is hereby given that there exists upon this property the following condition(s) or violation(s) which give rise to a nuisance pursuant to the following section(s) of the Englewood Municipal Code: You have fourteen (14) days or three (3} days in the case of graffiti in which to abate the above de cribed nui ance(s). In the event that you do not abate the nuisance(s) within the ti urteen ( 14) days or three Q} days in the case of graffiti the City of Englewood may, at -2- its option, abate the nuisance at your expense, or in the alternative issue a summons and complaint or both, directing that you appear in the Municipal Court for the City of Englewood, to answer to the charges as set forth above . In the event that you do not believe that there exists upon this property the nuisance(s) as set forth upon this notice, you have the right to appeal this notice and to request an administrative hearing by making a written demand to the City for a hearing within seven (7) days of the posting or receipt of this notice or three (3) days in the case of Graffiti. Such written demand shall be made to the Clerk of the Englewood Municipal Court, on the form provided by said Clerk. 15-3-4: Responsible Party Abatement. Within fourteen ( 14) days or three (3) days in the case of graffiti after the date of posting or the date of mailing of the notice and orders to abate the nuisance, the responsible party of the affected property shall remove and abate such nuisance. 15-3-5: Administrative Appeal Procedures. The responsible party who has been served with a notice pursuant to this Chapter may, within seven (7) calendar days after receipt of the notice or three (3) days in the case of ~. make a written demand to the City for an administrative hearing on the question of whether a nuisance in fact exists on the subject property. A. The responsible party must file a written demand with the Clerk of the Englewood Municipal Court on a form provided for such a hearing by the Clerk. B. An administrative hearing shall be held within seven (7) calendar days following receipt by the City of the written demand and at least two (2) days notice of the hearing shall be given to the person who made the written demand for the hearing. C . The administrative hearing shall be conducted by a Hearing Officer who shall be designated by the City Manager. The sole issue before the Hearing Officer shall be whether the condition(s) described in the notice constitutes a nuisance. If the Hearing Officer finds that a nuisance exists, the Hearing Officer shall confirm the order that the nuisance be abated. If the Hearing Officer finds that no nuisance exists, the Hearing O fficer has the authority to va cate the notice. D . Failure of the responsible party to request a hearing within the sevee (7) eal eRaar ~ stated time period, or failure to appear for the scheduled hearing, shall be deemed a waiver of the right to such hearing. E. The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evid ence. Su ch h earing shall be tape-record ed. The responsible party, if any, of the subject property shall be given the opportunity to present evidence during the course of the hearing. In addition, members of the public and the City enforcement personnel who originally determined that a nuisance existed on the subject property, shall also be given an opportunity to present evidence . -3- F . At the conclusion of the hearing, the Hearing Officer shall prepare a written decision that day. A copy of such decision shall be provided to the person requesting the hearing and the enforcement personnel. G . The decision of the Hearing Officer is final. H . An appeal of the Hearing Officer's order, by either the responsible party or the City, shall be made to a court of competent jurisdiction. If the Hearing Officer confirms the abatement order, the date for abatement set forth in the notice and order shall apply unless a stay is ordered by the court, to which an appeal is made. 15-3-6: City Abatement Options. In the event that the nuisance is not abated within the fourteen (14) days or three l3} days in the case of graffiti set forth in the notice and if no appeal of the notice has been filed by the responsible party with the City, the City may either abate the nuisance at the expense of the responsible party, or in the alternative elect to issue a criminal summons and complaint directing the responsible party to appear in the Municipal Court to answer to the alleged violation(s) of the City ordinance which gave rise to the nuisance or both. 15-3-7: Abatement Costs. In all cases where the City shall incur any expense for abating or removing any nuisance found upon any property, lot or premises, all expenses of such abatement plus an administration cost of twenty-five percent (25%) may be charged against the real property and its owner. A. Notice of costs. If the City incurs costs talcing abatement action required by this Section, a statement shall be prepared for the entire cost plus the twenty-five percent (25%) administrative costs, and shall be mailed by Certified Mail, Return Receipt Requested, to the property owner with instructions that said costs for abatement shall be paid in full within thirty (30) days of said mailing date. The statement shall also inform the property owner that failure to pay the costs for abatement within thirty (30) days shall result in an additional penalty and an asse ssment being made against the property, lot or premises upon which the nuisance e xisted or from which th e nuisance emanated which shall constitut e a lien to the benefit of the City pursuant to the provisions of this Title . B . Assessment of Costs . If the full amount of the cost statement regarding nuisance abatement is not paid within thirty (30) days of the statement mailing date, the City Manager or his designee shall assess the entire amount of the statement plus an additional twenty-five percent (25%) penalty against the specified real property. After assessment by the City M anager or his designee, a copy shall be sent to owner ofrecord of the assessed property. The assessment shall contain a legal description of the property, the expenses and costs incurred the date that the abatement action occurred, and a notice that the City claims a lien for the tipulated amount. The City Manager or his designee shall certify such a essment to the County Trea urer who shall collect such asse sment in the ame manner a ad valorem taxes are collected. -4 - C . Lien Assessment. From the date of the assessing statement, all assessments shall constitute a perpetual lien against the specified real property and shall have priority over all liens excepting general tax liens and prior special assessments . No delays, mistakes , errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment ; but the same may be remedied by the City Manager or his designee, as the case may require , upon application made by the property owner or other interested person. When so remedied, the same shall take effect as of the date of the original assessment. D. Oth er R emed ies. 1. Any unpaid charge plus the costs and assessments not resulting from action by the Englewood Municipal Court shall constitute a debt due the City. The City Attorney shall, at the direction of the City Council, institute civil suit in the name of the C ity to recover such charges , costs and assessments. These remedies shall be cumulative with all other remedies, including prosecution in Municipal Court for each violation of this Chapter pursuant to the provisions and penalties established by E.M.C. 1- 4-1. Section 2 . Safety Clauses . The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or in validate the remainder of this Ordinance or its application to other persons or circumst ance s. Sect ion 4 . Inconsistent Ordinances . All other Ordinances or portions thereo f inconsistent or confli ct ing with this Ordinance or any portion h ereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 . Effect of repeal or modification. The repeal or modification of any prov ision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have b een incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of su staining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits , proceedings , or prosecutions . -5 - Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 18th day of December, 2006. Published as a Bill for an Ordinance on the 22nd day of December, 2006. Read by title and passed on final reading on the 8th day of January, 2007. Published by title as Ordinance No._, Series of 2006/2007, on the 12th day of January, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006/2007. Loucrishia A. Ellis -6- ( ORDINANCE NO. SERIES OF 2006/2007 BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGFJAREA CAREER AND TECHNICAL SCHOOL. WHEREAS , the City of Englewood and Arapahoe Community College/ Area Career and Technical School (ACTS) became involved in a two-year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, the City acted as developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day building activities with the ACTS instructor and students; and WHEREAS , the house was built at 2360 South Zuni Street per Ordinance No. 14, Series of 2006 , with the proceeds of any sale to be returned to the Housing Rehabilitation Fund;and WHEREAS , the house at 2360 South Zuni Street is expected to be completed by the end of May 2007; and WHEREAS, advertising the house for sale prior to completion will maximize the sale time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . City Counc il hereby authorizes the sale of 2360 South Zuni Street in the ACTS Program, which property is legally described a s fo llows: Lot 2, Southlawn Gardens Annex, Filing No. 4 County of Arapahoe, State of Colorado. Section 2. The Mayor and City Clerk are authorized to sign and attest all papers necessary to complete this sale. Introduced, read in fu ll , and passed on first reading on the 18th day of December, 2006. -1- 11 b ii Published as a Bill for an Ordinance on the 22nd day of December, 2006. Read by title and passed on final reading on the 8th day of January, 2007 . Published by title as Ordinance No._, Series of 2006/2007, on the 12th day of January, 2007 . Olga W olosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006/2007. Loucrishia A. Ellis -2 - ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER ____ _ AN ORDINANCE AMENDING TITLE 15, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED . WHEREAS, the City Council of the City of Englewood, Colorado wishes to clarify the types of trailers that might be stored on residential property; and WHEREAS, the clarification provides that a trailer under 3,500 pounds may be stored in a carport or r~d if it is on a hard surface; and WHEREAS, an additional ORV or trailer under 5 ,000 pounds may be stored in a rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way; and WHEREAS , trailers in excess of 5,000 pounds are not to be stored in residential areas; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 15 , Chapter 9, Section 2 , of the Englewood Municipal Code 2000 , to read as follows : 15-9-2 : Vehicles : Off-Road (ORV) and Trailers . A. Off-Road Vehicles (ORV) and Trailers in All Residential Zone Districts . 1. No ORV or any typ e of trailer shall be stored within the front yard . 2. No person sha ll store or work on any ORV or any type of trailer within the front yard or in or on any public right-of-way, except that such vehicles may be temporarily maintained in the front yard, on a hard surface, for the purposes of transport, loading, unloading, or other temporary activities. Such transport, loading, unloading, or other temporary activities shall not exceed eight (8) hours per day. -1- 12 bi 3 . One (1) ORV or trailer under 3.500 pounds , may be stored in a carport or a rear or side yard if it is on a hard surface. Any additional ORV or trailer under ~ ~ may be stored in the rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way. B. Off-Road Vehicles (ORV) and Trailers in Zone Districts Other Than Residential (including TSA Districts and PUDs). 1. No off-road vehicle or trailer shall be stored unless it is on a hard surface, screened from view of adjacent properties and public rights-of-way or in a fully enclosed structure. 2 . The provisions of this Section shall not apply to pennitted and/or licensed ORV and trailer uses. Section 2. Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sect ion 5. Effect of repeal or modification. The repeal or modificati on of any provisi on of the Code of the C ity of Englewood by this Ordinance shall not releas e , extinguish, alter, modify, or change in whol e or in part any penalty, forfeiture , or lia b ility, ei ther civil or criminal , which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . -2- Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 8th day of January, 2007. Published as a Bill for an Ordinance on the 12th day of January, 2007 . Olga Wolosyn, Mayor ATIEST: ' 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 cof y of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8 day of January, 2007. Loucrishia A. Ellis -3- ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AMENDING TITLE 7, CHAPTER 1-A, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , ENTITLED "DOGS AND CATS". WHEREAS, the City Council of the City of Englewood, Colorado wishes to update the Englewood Municipal Code to address vicious dogs and cats; and WHEREAS, vicious animals are defined; and WHEREAS, conditions for keeping a vicious animal are set forth ; and WHEREAS , defenses to the charge of vicious animal are provi'ded; and WHEREAS , bodily injury and serious bodily harm are further defined; and WHEREAS , the definition of muzzle has been inserted; and WHEREAS , tethering of animals is limited; and WHEREAS , an additional charge of dog at large has been created; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englew ood, Colorado hereby authorizes amending Title 7, C hapt er 1-A, Section l , of the Englewood Municipal Code 2000 , to read as fo llows : ARTICLE A. DOGS AND CATS 7-1 A-1: Definitions. For the purpose of this article, certain terms and words are herewith defined as follows : Adjoining Owners , Residents : The owners and residents of lands that are supported by a common boundary line. Animal Shelter : Any premises designated by the City for the purpose of boarding and caring for any animal impounded under the provisions of this article or any other ordinance or law of the State of Colorado. -1- Attack: Any dog or cat that, without provocation, including the definition from Section 7-lA-lO(C) EMC, bites or attacks human beings. or bites or attacks another domesticated animal, or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person anywhere within this City, or a dog or cat that runs after and bites, barks or growls at any other animal, bicycle or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or other place open to the general public within this City. Bodily Iniurv · Means any physical iniµry that results in severe bruising, muscle tears or skin lacerations requiring professional and medical treatment or any physical injury that requires correcti ve or cosmetic surgery. He/:Jb;i IJreetier Canine and Feline Breeder : Any person who, outside of his regular course of employment, is breeding purebred dogs ~ in an attempt to improve the breed through controlled propagation, thus achieving carefully desired qualities and traits . Cat: A domesticated carnivorous mammal Felis Catus. This does not include any felidae not domesticated such as lion, tiger, wildcat, etc. which are included within the provisions of Section 7-lC-3 EMC. Dog: A carnivorous domesticated mammal of the canine species, Canis Familiaris and the product of Canis Lupus having been bred Canis Familiaris . The following are excluded from and are not a part of this definition: Jackals; foxes; and related animals; and wolves, Canis Lupus all of which come within the provisions of Section 7-lC-3 EMC . Dog or Cat, Castrated Male (Neutered): Any male dog or cat upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. Dog or Cat, Female (Not Spayed): Any dog or cat of the female gender upon which no alternative surgery of the genital organs has been performed. Dog or Cat, Female Spayed: Any female dog or cat on which an ovariotomy or ov ariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. Dog or Cat , Male (Not Neutered): Any dog or cat of masculine gender upon which no alternative surgery of the genital organs has been performed. Dog or Cat Owner: Any person keeping, harboring or having the full or temporary care of a dog or cat at the time any violat ion of this article is committed. Dog or Cat, Stray and/or Runn ing a t Large : Any dog or cat within the City limits, outside of owner's property, unaccompanied b y owner as defined herein. Peeesk4ki 4airnei: Do g or cat, Gfli,wBw Serious Bodily Harm : 8 e4tly illj wy whieh ieve lves a MtMRliel Fisk ef &NIA; NFielHl pel'IMlllllt ,isip,aa•t er p,ene11a less er impaH'IMllt ef lhe -2- ( flmetiea efa,a.y ~art er erg,&B eftee eea~·. Means bodily injury which at the time of the actual injury or a later time. involves a substantial risk of death a substantial risk of serious permanent disfigurement. a substantial risk of protracted loss or impairment of the function of any part or organ of the body. or breaks. or fractures. Guard or Attack Dog: Any dog trained to attack a person, or acquired for the purpose of patrolling property or attacking any person. Also included is any dog whose actions have previously resulted in a conviction of its owner of a violation of Section 7- lA-10 EMC. Kennels or Cattery: Any place where dogs or cats are born, bred, raised, boarded, fed or sold, for any valuable consideration, but shall not include a household which sells only the offspring of a female dog or cat maintained solely as a family pet. ~: For purposes of this Chapter. shall mean a restraining device made of metal, plastic. leather. cloth or a combination of these materials that, when fitted and fastened over a snout/mouth/head, prevents the dog from biting but allows room for the dog to breath and pant. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration. hut must prevent it from biting any person or animal. Rabies: A viral encephalitis, almost always fatal to both wild and domestic animals, that may affect any warm-blooded animal but is most common in carnivores and new world bats. In the United States, foxes, skunks and raccoons are the major wild carnivore hosts, though domestic dogs and cats remain the most important source of human exposure . Vicious Animal: Means any animal which: l. without provocation attacks or bites hwpans or other domesticated animals on public or private property. or 2. without provocation approaches any person or animal on public or private property in a terrorizing manner or in an apparent attitude of attack, or l. has been engaged in or trained for animal fighting as described and prohibited by c.R.s. J 8-9-204. as amendoo. 7-lA-2: Running at Large Prohibited. A . Dogs at Large. It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the City. For the purpose of this section. a dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not on a leash held by a person able to control the dog. B. Paragraph A shall not apply to ~ park programs authorized by Council Resolution. -3- C. Dogs not under reasonable control. It shall be unlawful for the person having the care, custody and control of any dog, to not maintain that dog under reasonable control. Notwithstanding any of the provisions of Section A, a dog shall be deemed not under reasonable control when any of the following conditions occur: 1. The dog inflicts damage or injury by biting, jumping upon, polluting vegetation or by any other means whatsoever, to the person or property of anyone other than the owner, except where the dog acts in the defense of the owner, his family or property; or except where the dog is under the control and command of a police officer in the course of his/her duty. 2. In the case of any unspayed female dog, while said dog is in estrus (in heat or in season) and not securely confined in the owner's yard, pen or other enclosure. l. A dog that is in an unfenced yard without a person present . D. Cats. It shall be unlawful for any owner of a cat to allow such cat to run at large in the City and to become or create a nuisance. Notwithstanding any other provisions of this section, a cat shall be deemed to be a nuisance when any of the following conditions occur: 1. The cat inflicts damage or injury by biting, jumping upon, polluting of vegetation or by any other means whatsoever, to the person or property of anyone other than the owner. 2 . In the case of any unspayed female cat, while said cat is in estrus (in heat or in season) and not securely confined in the owner's yard, pen or other enclosure. 7-lA-3: lmpoundment of Animals at Large; Notice, Disposition. A . Any dog or cat or dogs or cats, found running at large and/or creating a public nui sance, and any dogs or cats subject to cruel treatment as specified in Section 7-lA-7 EMC, may be taken b y the C ity and impounded in the shelter designated b y the City. B. Dogs or cats not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the City except as hereinafter provided. C . Dogs or cats found running at large may be claimed by their owners before they are disposed of by the City. D . A dog or a cat subjected to cruel treatment as specified in Section 7-lA-7 EMC shall not be released and shall be held by the City or at a designated shelter for a period of not less than six ( 6) days . If the owner has not submitted a claim for the animal to the Englewood Municipal Court within that six (6) day period the animal ma y be disposed of at the d iscretion of the City. If a claim is made to the Municipal C ourt for the dog or cat, the animal shall be held by the City or by a -4- shelter designated by the City until the Municipal Court Judge enters an order finding either: l . A charge of cruelty to dogs and cats under Section 7-lA-7 EMC can not be proven beyond a reasonable doubt. Or 2 . The judge finds that the care and maintenance issues under Section 7-1A- 7(B) EMC have been satisfactorily remedied. Under no circumstances shall this remedy provision apply to Paragraph A of Section 7-lA-7 EMC . E. The City may transfer title of any dog or cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog or cat has not been claimed by its owner. F. When dogs or cats are found running at large and their ownership is known to City personnel, such dogs or cats need not be impounded, but such personnel may cite the owners of such dogs or cats to appear in Court or the Violations Bureau to answer charges of the violation of this article. G . Immediately upon impounding dogs or cats, the City shall make every possible, reasonable effort to notify the owners of such dogs or cats so impounded and inform such owners of the conditions whereby they may regain custody of such dogs or cats. H. Impoundrnent Fees. +. 2 . Degs. Degs itftpeYRses ans eet reel~ ey the eWBer, pYl'SIHlDt te sYeseetiee A eereef, may he releasee fer aeeptiee after pa~rmeet ef a ferty seller ($4Q.QQ) aeeptiee fee ey the party aeeptleg sais IHIHBill. ~ifteee sell&FS (SlS.QQ) ef the farty sella,: ($4Q.QQ) aeeptiee fee wlll he FeRtBSee Yp08 preseelatieR ef preef tft8t the eeg has 8Nll 8Ntere8 (spa~•ee) ey a lieeaseEI r.reteriear-iae &Re has reeeiveEI a eltffent Rlhies i.raeei:natiee. Ne11tefieg (spayleg) aes •,aeei:eatiee 1RYSt he perfaRBee witfti:e tfti:rty (3Q) Ela~·s ef aeeptiee er ey tee time the aeeptee animal attaiBs six (€,) meetes ef.age. Cats. Cats uapeYReee ans eet reelalmee e~· the eu'fter, pwSYaRt te Sll8seetiee A eereef, IBBY he releases fer aeeptiee after paymeet ef a tweet)' Eleller ($2Q .QQ) aEleptiee fee ey the ~)' aeeptiflg sais animal. ~ifteee sellers (SIS .QQ) ef tee tweety seller (S2Q .QQ) aseptiee fee will ee FeRtB&es Ypee preseetatiee ef preef that the eat has eeee ee11teree (spayee) ey a lieeeses ,1eteRfl8118R &Re has reeeivee a ellfFeRt Feeies ,·aeei&alie&. }Je11terleg (spaying) w vaeeinatiee lllY5t ee perfaRBee witfti:R lhiftcy (3Q) says ef aeeptiee er 8)1 tee time the aeeptee 88illl81 attaifls si:K (€,) meelhs ef age . ImooW1dment Fees for do gs an d cats shall be ses by Cowteil Resolution, 7-1 -4 : umber of animal maiat.ained on premises. -5- No household, place or premises may have more than three (3) dogs and three (3) cats over six ( 6) months of age, but in no case shall there be any combination of more than four ( 4) such animals. 7-lA-S: Vaccination Required. The owner of each dog or cat which is six (6) months of age or older shall cause said dog or cat to be vaccinated against rabies with either annual or three (3) year rabies serum. Such vaccination shall be repeated thereafter as required by the serum. Dogs or cats shall be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of vaccination, in duplicate, shall be completed by the veterinarian, one copy to be issued to the dog or cat owner and one to be retained in the veterinarian's files . Any dog or cat in the custody of the City shall be released to the owner of said dog or cat for a period of time not to exceed five (5) days in order to obtain the vaccination of the dog or cat. 7-lA-6: Poisoning Dogs or Cats. It shall be unlawful for any person to poison any dog or cat or to distribute poison in any manner whatsoever with intent or for the purpose of poisoning any dog or cat. 7-lA-7: Cruelty to Dogs and Cats. A . It shall be unlawful to kill , maim, disfigure, torture, torment, neglect, beat with a stick, burn or scald with any substance, or cause a dog or cat to endure unreasonable or unjustifiable pain, suffering or injury. B . Care and Maintenance. It shall be unlawful for any person keeping or harboring any dog or cat to fail or refuse to provide such dog or cat with proper food. drink, shade and shelter. Proper food, drink, shade and shelter shall require that: l . Each dog or cat shall receive an adequate daily supply of clean, fresh food suitable for the nurture of the species' physical condition and age sufficient to maintain a healthy level of nutrition. 2 . Each dog or cat shall, at all times, have an adequate and accessib le supply of clean, fresh, potable water and such water shall be provided either free- flowing or in a clean, stable receptacle. 3 . Each dog or cat housed outdoors shall have convenient access to appropriate, weather and temperature-resistant shelter throughout the year. Any shelter shall be structurally sound, clean, adequately sized. and maintained in good repair to protect the dog or cat from injury and from the elements. 4 . The living area for the dog or cat shall have adequate drainage such that the dog or cat shall be free to walk, sit tretcb or lie down on a dry urfacc. -6- 5 . If a dog or cat is housed outdoors, in addition to a shelter, it shall be provided with an enclosure to minimize risk of injury and to provide sufficient space to enable freedom of movement and exercise. Tethering. It shall be unlawful for any person to tether and lea ve. or pennit to be left. unattended any animal on a leash. cord or chain of less than four feet (4 '} in length for longer than one < 1 > hour . 7-lA-8: Restrictions and Regulations Applicable to Dogs. 7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants. A. It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove forthwith, excrement deposited by said dog upon a common thoroughfare, street, sidewalk, play area, park or upon other public property, or upon private property when permission of the owner or tenant of said property has not been obtained. B. It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove excrement deposited by said dog upon private property when permission of the owner or tenant of said property has been obtained within forty-eight (48) hours after being deposited, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall not be placed in storm sewers but shall be disposed of in a sanitary manner. C . It shall be unlawful for any owner, possessor or person who keeps any dog to permit such dog, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass , lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor, or keeper of such dog, and the same is hereby declared to be a public nuisance and prohibited. 7-tA-8-2: Tag and Collar Required. The owner of any dog shall cause to be placed upon the neck of such dog so owned, kept or harbored, a collar made of durable material , having attached thereto a meta l tag sho wing that the dog has a current rab ies vaccination, together with an identifying number thereon corresponding to the number o n the certificate of vaccination. The collar with the tag attached thereto shall be kept on such dog at all times . 7-t A-8-3: Rabies Suspects and Biting Dogs. A . Any dog which is suspect ed of having ra bies, or which has bitten a person or other animal may be impound ed ei ther in the pound or und er the supervision of a licensed veterinarian, for observation. All fees for such impounding and ob ervation shall be charged to the owner of such animal. 1. Any dog impounded under the provisions of this section shall be placed in a uitable facility and quarantined for a period of not less than ten ( 10) day at the expense of the owner. -7- ---- 2. Any dog impounded under the provisions ofthis section shall be destroyed upon determination that such dog is infected with rabies. B. Dogs known to have been bitten or exposed to a rabid animal shall be: 1. Immediately destroyed upon determination by a licensed veterinarian that the dog is rabid; or 2 . Released upon proof of immunization and booster injections given by a licensed veterinarian. 7-lA-8-4: Records and Reports. The City shall maintain a record of all animals impounded together with all fees collected. 7-lA-8-5: Guard or Attack Dogs. A. All persons owning, harboring, or controlling guard or attack dogs as defined in Title 5, Chapter 28 E.M.C., on premises within this municipality shall contain such dogs in an enclosed area for the protection of persons or property. That enclosed area will completely confine the dog in a kennel, run, yard or other space which will adequately protect the general public from inadvertent or casual contact with these dogs . When such dogs are taken out of the enclosed area, they will be held on a suitable chain or placed in a suitable container, under the control of a responsible person, to ensure protection of the public . B. The owner, or other persons in control , of all premises upon which guard dogs are maintained shall post signs on, over, or next to all exterior building doors, gates and other entrances, stating that such dogs are on the premises. If the attack or guard dog(s) on said premises are owned or maintained thereon by any guard or security service, the signs shall also contain the phone nwnber of such service . No attack or guard dogs may be maintained in this municipality by such service unles s the telephone for which such number is posted is manned by responsible personn el twenty four (24) hours daily. Such signs shall be posted in the same manner at each dri veway or entrance way to said building and shall be black bord ered with th e words "BEW ARE -A TT AC K-G UARD DOG O N PREMISES" written in red on a white background. Such signs shall be visible from the place of posting to the curb of the street abutting the sign, or a distance of fifty feet (50'), whichever is the lesser. C. All persons owning or controlling an attack or guard dog on the premises within this munici pa lity shall first o btain an attack or guard dog license pursuant to Title 5 of this Code. 7-IA-8-6: Barking Dogs, Harboring Prohibited. No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping, howling or whining shall cause a serious annoyance to the neighborhood or to people passing to and fro upon the streets or sidewalks. 7-IA-8-7: Police Dogs. It shall be unlawful for any person to willfully or maliciously torture, torment , beat, kick, mutilate, injure disable or kill any dog used by the City in the performance of the functions and duties of the City. 7-IA-9: Restrictions and Regulations Applicable to Cats. 7-IA-9-1: Damage to Shrubbery or Plants. It shall be unlawful for any owner, possessor or person who ceps any cat to permit such cat, whether or not running at large, to destroy, damage or injure any shrubbery, plants , flowers, grass, lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such cat, and the same is hereby declared to be a public nuisance and prohibited . Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 7, Chapter 1-A, Section 10 , of the Englewood Municipal Code 2000 , to read as follows: 7-IA-10: Attaeli IJy Deg 8F c.,. Vicious Anim•J1 Prohibited A . The 01+'1Jfter ef an~· tleg er eat shall ee respensiele fer &Ry aHaek eeBlfDiHetl ey that Eleg er eat agaiest My preperty, real er perseeel, li·,re er lftilftHBate , er ae~· hlifflftft eei:eg. Upee hei:eg eee,<ietetl thereef, the eWBer is s11ejeet te eeieg pYRisheEI itt aeeel'88ftee with the penalty set feftl:t i:R Seetiee l 4 l ef eegleweeEI M111Heii,al Case, 1985 . It shall be unlawful for any person to own or harbor a vicious animal. B . Prier attaeks, if aey, hy the Eleg er eat er kRewletlge ef the 0'Ji'fler ef the Ele~'eat ef My s11eh attaelffi at=e eat a Elefense teer 88 elemeet efthe effeese efattaek ey Ele~eat er a prefeE111isit@ fer a e0M1ieti0a; eewei,rer, s11ee metters may he eeesiEleretl tR 11Htigati08 er aggR1,1ati0e ef pYR:ishmeet . The owner of any dog or cat shall be responsible for any attack committed by that dog or cat against any nrooertv, real or oersonaL live or ioaniwate, or anv hµman being, c . It is an affinnatiye defense to the charge of vicious aniwal that the person or anjrpal that was attacked. bitten, clawed 0c approached by the vicious aoiwal J.. -9- ~ Unlawfully engaging in entry into or upon a fenced or enclosed portion of the premises or containment upon which the animal was ]a wfully kept: 1. Unlawfully engaging in entry into or in or upon a ve t.i cle in which the animal was confined: i. Attempting to assault another person: 5_.__ Attempting to stop a fight between the animal and any other animal: ~ Attempting to aid the animal when it was injured: or L Attempting to capture the animal in the absence of the owner with the exception of a police officer, Code Enforcement officer or other governmental animal control officer in the performance of his/her duty . ,a . A veterinary health care worker, dog groomer, humane agency staff person. professional dog handler, trainer or other professional acting in the performance of his or her respective duties. G . D... Exemption. Employees or agents of the City or any local, state or federal governmental entity, using animals within the course of their duties or employment shall be exempt from the provisions of this article . WlleR the attaek aeettrs aR the Elag er eat av.'Ber's 13remises , it ma~· ee BR affiHRatii,·e ElefeRse the Elag er eat was 13r0teeti:Rg sYeh 13remises er the resiaeRt af sYeh 13remises . Hawever, wheR the attaek is agaiRst a 13ers0R wha eRters the av,'Ber's er resiEleet's 13remises ta eaeEIYet eYsiness er fer a saeial visit, er ey ievitatiaR af the av,'Ber er resiEleRt , there is a 13rima faeie 13res~ti0R that the Elag er eat was Rat 13r0teetiRg its 13remises . f . For the pumoses of this Chapter, a person is lawful upon the premises of an owner or keeper when such person is on the premises in the performance of any duty imposed by law or by the express or implied invitation of the owner of such premises or the owner 's agent. Impoundment, Any animal which has ca used injury to any person or animal or which has unprovokedly attacked any person or domesticated animal or which has approached any person or domesticated animal in a terrorizing manner or apparent attitude of attack may be seized and impounded as provided for in this Chapter. If. after making every reasonable attempt to seize such animal, incJuding the solicitation of assistance from the animal 's owner, if such owner is immediately ascertainable and available, the code enforcement or poljce officer detennines that the animal presents a present danger to any person, property, or other anjmal, it shall be lawful for the officer to destroy the animal without notice to the animal ownec, -10- ( .. conduct such hearing at the earliest date available to the Court. If, on the date of the hearing, the duly notified owner does not appear, the Court may proceed with the hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal. The Court may order the animal to remain impounded at the owner 's expense until final disposition of any pending municipal charges. The owner shall bear all costs of impounding the animal regardless of the results of any municipal charges. If the Court detennines that it is not appropriate to order the animal impounded the Court may order the animal returned to the owner and to be kept Yrul_er such circumstances as will ensure the safety of persons, property or other animals , Exception to 7-l-JQA sud Conditions for Keeping a Vicious Animal. The owner of the vicious animal shall comply with all of the following conditions: The owner of the vicious animal shall pay a peqnit fee to be set by City Council Resolution. Only one vicious animal may be permitted. The owner of the vicious animal shall keep current the pennit for such vicious animal through annual renewal, Such pennit is not transferable or renewable except by the holder of the permit or by a member of the immediate family of such permitee. A vicious animal permit tag will be issued to the owner at the time of issuance of the penpit Such pennit tag shall he attached to the vicious aoiwaJ by means of a collar or harness which must be worn by the animal at an times. clearly visible, and shall not be attached to any vicious animal other than the vicious animal for whi ch the pennit was issued . Th e own er of a viciou s animal must be at lea st eighteen < I 8} year s of ~ The owne r of a vici ou s an jmal shall pr es ent to the Cit y Ma na ger or desi gne e proof that the owner has homeowner's or renter's insurance with a mjnimum of s100,ooo.oo for liabiljty coverage whjch will coyer any damage or ioiWY caused by a vicious animal during the twelve 02} month period covered by the vicious anjmal permit. The owner of a vicious anjmal shall . at the owner's own expense. have the yjcjous animal spayed or neutered and shall present to the City Mana ger or desjgnee documentary proof from a ljcensed veterinarian that this steriljµtjon has been perfoqped. The owner of a vicious anjmal shall. at the owner's own expense, within ten CJ Ql business days. have a mjcrochjp contajnjng an jdentjficatjon number implanted into the vicjous anjmal, Jhc Cjty Manager or designee shall maintain a file contajnjng the registration numbers and -11- shall coordinate that list with the State. The owner shall notify the City Manager or designee of any change of address. At all times when a vicious animal is away from the property of the owner. the owner shall keep the vicious animal muzzled and either in a secure temporary enclosure or securely leashed with a leash no longer than four feet <4 ') in length held by someone eighteen < 18) years of age or older who is capable of effectively controlling the animal. Extension- style leashes may not be used. i. The owner shall immediately notify the City Manager or designee in the event that the vicious animal is loose stolen. at-large, unconfined. has mauled. bitten. attacked. threatened. or in any way menaced another domesticated animal or human. The owner shall aJJ>o notify the City Manager or designee in the event the vicious animal is sold, disposed of, or has died. i. No person applying for a vicious animal or dog permit shall be granted a Canine Breeders License pursuant to 5-25 EMC for such vicious animal. k. At all times when the animal is at the property of the owner. the owner shall keep the animal confined. When outdoors. the animal shall be confined in a securely enclosed and locked pen or kennel, except when leashed and muzzled . Such pen. kennel or structure shall have minimum dimensions of five feet <5') by ten feet 00'} per animal housed. secure non-wooden sides of at least six feet £6 '} in height and a secure top attached to the sides. Such structure shall have a secure and safe bottom or floor attached to the sides of the pen or the sides of the pen shall he embedded in the ground no less than two feet £2 '}. The gate of the pen or enclosure shall be secured wjth a keyed or combination Jock, All structures erected to house such animal must comply with all zoning and bujlding regulations . All such structures must he adequately lighted and ventilated. kept in a clean and sanitary condition and provide shelter as defined herein , No animal may be kept on a porch. patio or in any part of a hou se or structure that would allow the anjmal to exit su ch building on it s own voli tion. In additio n. no suc h an jma l ma y be kep t in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventin g the animal from exitin g the structure , The secure enclosw;e requirement of this Cha pter ma y be wajyed upon the owner demonstratjn g to the satisfaction of the Munici pal Ju dg e that because of homeowner covenants , or the lack of a yard . the owner is unable to construct an enclosure. The anjma l must however , be leashed and muµled whenever outdoors upon the owner's property . 1. The owner shall post , at each entrance to the owner 's pro perty where the animal is kept, a cons pjcuous , reflecti ve. lettered and clearly legible weather resjstant sign of at least ejght inches CS "} by ten -12- ( inches O 0"). which shall contain the words "BEW ARE VICIOUS ANIMAL" in lettering at !east two inches f2") in height. 2i Failure to comply with any of these conditions shall result in impoundment and disposition pursuant to 7-lA-10, Sections E. F & H. ohhis Chapter for such vicious animal. L Euthanization. L Upon a conviction of vicious animal, the Court. in addition to the requirements set forth in this Chapter and the penalties set forth in the Code may order that the animal be euthanized by or under the supervision of a veterinarian . Authority for immediate destruction. Nothing in this Chapter shall be construed to prevent the immediate destruction of any vicious animal when deemed necessary in the interest of public safety by the City Manager or Safety Services Department personnel. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes deleting Title 7, Chapter 1-A, Section 11, of the Englewood Municipal Code 2000 , in its entirety. 7 1 A 111 DestFaeeee HeaFieg. A '.l/heelwer the eeeaYet ef aey aeg er eat has resyltea ift twe (2) eeevietiees ef effeeses preseri'eea ie Seetiee 7 lA H} eMC 1.Yithie a eeeseeYtive twe (2) year periea; er is respeesi'ele fer iefiietieg aeath er grie,·eys 'eeail~· haRB Ypee a ftYfflae 'eei:Rg, the City ef eegleweea may initiate a hear.ng i.R the eegleweee MYnieipal CeYR petitie&ieg that eeYR fer ae eraer ef eestFYetiee ef that eeg er eat. a . ~Ietifieatiee will 'ee gi,·ee te the aeg er eat ewBer, as the eamee respeeeeRt, ef the hearieg eate, plaee, aee time ee later thae fifteeR (I$) eays prier ta the hearieg. This Retiee will 'ee aeeempaniee with i:RfeRBatiee eR whieh the heariRg is 'eases. G. eKeept as etherv,rise pre,·iaea herei11 , the heariRg will 'ee eeRaYetea ia aeeereaeee with the previsieRs ef Seetiee 1 H) 1 e>.4C, Retiee aea heariRg preeeeYFes . The City ef eegleweea will ha,·e the 'eYraeR ef pr01liRg the aliegati0R5 'ey 8 prep088et=aftee ef the e,•iae&e@ . The reSf!088eRt is eetitlee t0 'ee represeetee 'ey eeYesel at respeeeeet's eitpeese ans has the right te eress eKaffliee 8R)' witHess eallee 'e~· the City, the right te preseet witHesses 8Re e,·ieeeee, aHa ta testif!,· er Rat . Q . -13- 1*miaa aeiag, there is a ~resfilftfltiaa the aag ar eat has vieiaas teaaeaeies ana ~reseats a eleaF ana ~reseat aanger ta the safety ef the eitilZeas af Bagle'.','aaa. Ti:Hs ~res~tiaa ean aBl.y ae reaattea ay elear ana eea•,riaeiag eviaeaee ta the eafttrEM)'. Uf,aa the eaart's aetefftliaatiea that the aag ar eat ~reseats a elear ar ~reseat aaager ta the safety af E:agle,..,raaa eitizeas, the eawt will araer the City ta aestrey the aag ar eat fertftWith . If the aeg ar eat is aat eaaiiaea ay the City, the City may ~etitiaa the E:agle•.vaaa Ml:HHei~al Cewt fer a fert1¥.vith araer ta eaaiiae the atH.mal ~eaaiftg the eateame af the aestFHetiaft hear.ng, ana tfl:e easts ef saia eanflfteffteat Will ae assesses ay the Mliftiei~al Cawt at the teRHiaatiaa af the hear.ng. Section 4 . Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severability . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered , or made in s uch actions , suits, proceedings, or prosecutions . Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced read in full , and passed on first reading on the 8th day of January, 2007 . -1 4 - Published as a Bill for an Ordinance on the 12th day of January, 2007 . Olga W olosyn, Mayor ATIEST: 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 2007. Loucrishia A. Ellis -15- Englewood City Council January 8, 2007 Page 14 Excerpt from January 8, 2007 City Council Minutes [DRAFT] Council Member Barrentine said I want to thank Community Development again . I like the innovative things that you are doing and one of those has brought yet more investment into the community and fortunately this time in my district. The building at Quincy and Broadway will be demolished and a Starbucks is going up on there ... a nice corner for that. That property has been, I believe, vacant for the vast majority of the time that I have been on Council. Did you have an update on it? I'm excited about it. I'm very happy. It is going to look really good right across from the brand new Bank West that just got built. It is starting to move down there . Director Simpson said we are excited about it too . It is going to be a new Starbucks at 4298 South Broadway . Building permits are approved . They are getting ready to do the approval of a demo permit and as a result, it will have a spring construction timeframe. As Council Member Barrentine had mentioned, it has been vacant for some time and as a result it was previously a gas station, a used car lot and now moving into the redevelopment process. The site has a very large frontage on Broadway and it will be what they call a company Starbucks as opposed to a franchise Starbucks ... the first one on the north portion of Broadway. And I think because of the fact that it is a company Starbucks, they are actually upgrading the landscaping and architecture so I think we are going to see an improved level of that. That's really all, but we are excited . Council Member Barrentine said it will be a drive-thru . Director Simpson said it will be a drive-thru . Ms . Barrentine said , once again , when I talked to Epic Construction , when I talked to the gentlemen there that were working and the manager ... just excellent things that they said about working with the City ... that makes all the difference in bringing this kind of investment in and I am glad to see it hitting on South Broadway ... it won't be the last of it. And with you and Darren working with these guys, I am impressed. Thank you very much . Director Simpson said thank you . He noted that Public Works, the Building Department and Utilities all contribute to making these things work and make it happen . Thank you very much . "-~---... , .... c-.:.:.. I January 16, 2007 Regular City Council Meeting .., .. · • ; I • - I I ' I I I I I ' . I I I I I ----- Regular City Council Meeting January 16 , 2007 Ordinance# 3, 4, 5, 6, 7, 8, 9 Resolution# 1, 4, 5, 6 , 7 , 8, 9 • I 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 16, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Mccaslin. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso , Oakley, Mccaslin, Woodward , Wolosyn Council Members Barrentine, Moore City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director Olson, Safety Services Director Gryglewicz , Finance and Administrative Services Director Kahm , Public Works Director Eaton , Human Resources Engineering/Capital Projects Adm inistrator Henderson , Public Works 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 08, 2007. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Nays: Absent: Council Members Mccaslin , Wolosyn, Woodward , Tomasso , Oakley None Council Members Barrentine , Moore 6 . Recognition of Scheduled Public Comment (a) Mayor Wolosyn said we will distribute the awards we made through our Aid to Other Agenc ies program . I want to thank all of you for the service you give to our community . This is a small payment for the great good we get back . I will come down and present the checks . Englewood City Council January 16, 2007 Page 2 Present to accept the awards were : Comm issioner Susan Beckman accepted for Arapahoe County Metropolitan Mayors and Commissioners Youth Awards. Ms . Beckman said on behalf of my fellow commissioners , we just want to thank you for this grant. We have had a really good history of working on this program . It is a wonderful program to recognize so many youth in our area , that really face some tough situations, and they give back to the community and turn their lives around . We love this program at the County and we really appreciate your partnership in it. Thank you . Mayor Wolosyn said thank you . Selwyn Hewitt accepted for Arapahoe Philharmonic. He said I just want to express my appreciation to the Council, for the continuing support of the efforts we make to contribute to the cultural scene in Englewood . Thank you . Mayor Wolosyn said thank you . Anne Robinson was not present to accept for Court House , Inc. /Beacon Center. Becky Todhunter accepted for Cornerstone Free Methodist Church . She said on behalf of Cornerstone, thank you so much . For those who have come down and seen what we do at the church , we really appreciate it. Thanks for your support. Alisa Spillman accepted for Doctors Care . She said thank you so much . We all appreciate your support very much. Beverly Johnson was not present to accept for Englewood High After School Prom . Mayor Wolosyn said we will get this to the school. Janet Moore accepted for Englewood Cultural Arts Center Association . She sa id thank you Donna Hilton was not present to accept for the Food Bank of the Rockies . Mayor Wolosyn said we have a note that she may be late. We will make sure she gets it. Dianna Lant accepted for Gateway Battered Women 's Shelter. She said on behalf of all at Gateway , thank you very much . Stephen Edmonds accepted for Hospice of Metro Denver. He said thank you on behalf of all of the patients and families that we serve in Englewood . We look forward to continuing to offer our services to everyone who needs us . Mayor Wolosyn sa id thank you . San d ra Blythe-Pe rry accepted for Inter-F a ith Task Force. She said thank yo u, t ha nk yo u so very much . On behalf of all the local families that reside in Englewood , our mission wo ul d be ve ry difficult wi thout yo ur he lp and support. Thank you very much . Mayor Wolosyn said thank you . Janice Henderson accepted for Living Branch Community Fellowship . She said thank you so very much . Mayor Wolosyn said thank you . Ed Ryder and Diane McClymonds accepted for Town of Littleton Cares/Meals on Wheels . Mr. Ryder said this is Diane McClymonds. She is on our board and she will be our president this next fiscal year. We want to really thank you guys for supporting us again . We're serving , right now, about 100 households in Englewood . So that's quite a few people . Thank you . Ms. McClymonds said thank you . Mayor Wolosyn said thank you . Mark DeHaven accepted for Englewood Southsiders (Special Olympics). He said I want to thank you for continuing to help us . Just to let you guys know , in a round about way through many years , three of our athletes were pic ked to go to China in October for the summer games. Mayor Wolosyn said congratulations ... extend our best to them ... please keep us posted too . Thank you . Eric Bertouzz i accepted for Up Close and Musical. He said thank you for your continued generosity. Up Close nd Musical certa inly feels privileged to have a presence in th i commun ity . Englewood City Council January 16, 2007 Page 3 Mayor Wolosyn said that we will make sure that the remaining checks will be del ivered . There was applause. 7 . Recognition of Unscheduled Public Comment (a) Verda Gully , an Englewood resident, said I wanted to come toni~ht, and I thank you for letting me talk . We had a terrible thing happening in our neighborhood on December 17 h _ There was a little dog killed and our two were injured . They had to go to a veterinarian and we had a high bill because they were torn up and bitten . It happened at 9 o 'clock at night. We didn 't see the animal , but we think it was a fox or two because that is all we have in our neighborhood . We have fox, raccoon ... we don 't see any coyote . I asked people around the neighborhood if they had seen any and they said they haven 't. .. maybe not in quite a while , although I know there are some around the City and in other cities around us . So , could I distribute these little pictures of the dog that was killed , to you Council members? I'll just give it to Wayne and he can pass it on down. And my question is ... there seems to be about a dozen fox living in our area alone ... maybe there are more but that is what we have seen . Some of them are huge and some aren 't. I know that fox usually don 't eat dogs but I know they are hungry ... and whatever animal that did this, I think it was a couple at a time , ganging up on the dogs. I just let my two little dogs out at 9 o'clock to go to the bathroom and, three minutes later, they were both torn up and needed to go to the veterinarian office . If it hadn 't been for the second dog going up the hill to see the other dog , she would have been dead , I'm sure . So the other dog that did get killed , the one you are looking at, we think , it was a 10-12 pound dog , who always came down in our yard and played with our dogs all day and then went back up . But it was 9 o 'clock at night and she had come out of her doggie door and met this attacker. So, when they discovered this dog ... the dog was being fed on by the animal. .. well they didn 't see the animal , but I suppose when I went out with my dogs and yelled , and my little m iniature Dachshund barked , it probably scared them away . We want to know what we can do about this problem . It seems to be getting worse . Seven years ago we didn 't have hardly any fox in the area and now we 've got so many. I would just like this addressed , if poss ible . If there is any way that we can help , as a community , to solve this problem . And I'm th ink ing that if we get more fox ... some of them are bound to be rabid eventually because that is just the way things go . And then we are going to have a little child hurt or injured , and that would be even worse than dogs . So, that is all I have to say and thank you . Mayo r Wolosyn sa id thank you . I should say that we don 't usually comment during this port ion of the meeting , we j ust take comments but we often return to this in the last section of the meeting called Council 's Choice , so I would encourage you to stay . Ms. Gully said thank you . (b) Do n Seymou r, an Englewood res ident, sa id I live on the brow of the hill and I have a bay window so I can really see what is happen ing . I want to tell you th at t he fox are j ust getting more and more. We have seen four different ones that we know of ... from small to large ... like she sai d. We ke e p our cat in , which is the one I worry about. .. I think my dog could hold its own . We have a six foot fence , so we don't have a problem , but I want to tell you ... the fox come right up to our fence and talk to the dog all of the time . And after the snow that we have had , every time you can see the tracks there ... you can see them up by our front door. In the summer time , and fall and spring , my wife Marilyn and my daughter, both , have come out the front door ... from here to there ... sitting right by our front door, just like it was the family dog sitting on top of the th ing ... on top of the hill there looking around , sunnin g itself, s leeping . It is like you wouldn 't believe how brave they are ... they really are . And our neighbor across the way ... in her ya rd an d s he has about a three an d a hal f foot w ire fence ... we have seen the fox laying in the middle of her yard , sunning itself. They are up and dow n the a ll ey cont inually , but I've got a s ix foot fence so they don 't really come into my yard ... not so far, but they are there . One of the problems , of course , is we have had neighbors that feed them eggs . We find the egg shells aro und ... wh ic h I have talked to them about that that is not a good thing to do. I've got to say that I think they pro bab ly li ved last s ummer at my place. I probably had a 1000 or 1200 square foot of ph itzer in two different loca tions a nd w e k now ... we would find gloves , one glove you know , or a towel or a rag or th is , that or the other , right w here there would be a hollowed out place where they would go under the ph itzer , so I am sure the ir den was right there . We have had sk u nks under there befo re ... but not recent ly. I took care of half of it and I th ink this 1s on thing that people could do ... about half of my ph itzers ... I too k out half of the half a nd then I c ut them up h e this well , I didn 't but my boy Dana did ... trimmed them up so that there is no place for them to have a Englewood City Council January 16, 2007 Page4 den in there . And the next summer, we will probably cut up the ones that are right around by the front door there, which is evidently where the one is that sets out there, right by my door ... so that there is not a place for them to live . I don't personally have a problem with them living there except for the fact that, you know, every once in a while, we let the cat out maybe once or twice a week. That would not be good . My veterinarian assures me that even though my cat is a Maine Coon, which is a huge, big cat, it would not stand a chance with a fox . But, my dog is a 50 pounder, quick and sharp teeth so that would be a fight to watch . But anyway , I've got to tell you , they are there and you see them ... you see them driving down the street ... you see them cross in front of your headlights at night and they are not scared of you in the least. That's about it. .. any questions? Mayor Wolosyn said thank you Don . As I said, we will probably come back to this under Council 's Choice. Mr. Seymour said thank you. Mayor Wolosyn said thank you . (c) Verona Kebba, an Englewood resident, said I live next to the Gully's. I lost a cat about two months ago and I've looked all over, as Mr. Oakley knows, all over and talked to people, and I have never found him . I feel very certain that one of the foxes has gotten the cat. We have had, in the past two years, two litters ... two dens ... one just a couple of doors down north from us, and across the street from us down by the buildings ... the business buildings down there ... and they have had three and four baby fox down there . So, we do have a lot of fox around . Mayor Wolosyn said thank you . Mayor Wolosyn asked if there were any other comments . There were none. 8 . Communications, Proclamations and Appointments (a) A proclamation declaring January 2007 as "Flu Shots for Kids Month" was considered. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO DECLARE JANUARY 2007 AS "FLU SHOTS FOR KIDS MONTH." Mayor Wolosyn asked if there were any comments. There were none. Vote results: Ayes : Nays: Absent: Motion carried . Council Members Mccaslin , Wolosyn , Woodward , Tomasso, Oakley None Council Members Barrentine , Moore Mayor Wolosyn said do we have someone present to accept this proclamation? She said I will make sure that the proper people receive this proclamation. 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no a items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions There were no additional Resolutions or Motions submitted for approval. (See Agenda Item 11 .) 10. Public Hearing Item• Englewood City Council January 16, 2007 Pages There was no public hearing scheduled . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Director Eaton presented a recommendation, from the Human Resources Department , to adopt a resolution to reappoint the Hearing Officers to hear Merit and Disciplinary appeals. This is a housekeeping matter. Every year we are required to renew our list of hearing officers , should we need one throughout the year. And the three panelists , who sat on the panel last year , all indicated their interest in being on the panel again this year, and their resumes are attached . So , I am asking for Councils' approval. . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 3, SERIES OF 2007 . RESOLUTION NO . 3, SERIES OF 2007 A RESOLUTION TO REAPPOINT THE HEARING OFFICERS TO HEAR MERIT AND DISCIPLINARY APPEALS . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Mccaslin , Wolosyn , Woodward , Tomasso , Oakley None Counc il Members Barrentine , Moore (ii ) Director Kahm presented a recommendation , from the Department of Publ ic Works , to app rove , by motion , contracts assoc iated w ith the construction of Big Dry Creek Tra il improvements -Phase II - Broa dway to Greenwood Po int STE M395-009 ; awa rd ing t he c onstructi on contract to Goodland Const ruct ion in the amount of $518 ,387 .50 ; approving a construction administration professional services agreement wi th ASCG , Inc. in the amount of $60 ,000 ; and authorizing a construction contingency in the amount of $35 ,000 , for a total estimated project cost of $613 ,387 .50 . He said this particular project, as you know, has history that goes back to 2002 . I remind you that the City of Englewood only serves as a project sponsor on th is project, which means that we facilitate it and other people pay for it. We keep everybody on the up and up and keep everything straight. In this particular instance , tonight we are asking for your app roval. .. there are actually three parts to this ... one is the award of the construction contract to Goodland Construction . I should know those folks a little bit. They have done quite a bit of work for the City in the past. They installed sidewalks for us , on bo th University and on Belleview, about two years ago . It is a good com pany and we have a lot of confidence in them . I would like to point out that , in this particular instance , they were not the low bidder on this project. The low bidder had an issue with CDOT , in that they hadn 't complied with the DBA requirements of CDOT and then they weren 't on CDOT's list of pre-qualified contractors . So , even though they were $50 ,000 .00 less , CDOT would only award to the second low bidder. But we feel good about Goodland . The second part of it has to do with project administration services with ASCG . What that will actually amount to is ... we will be doing a change order with their contract. They had the initial contract to do all the des ign work on this project , so we will just roll that into their follow-up on construction administration . And of course, the third part is to establish a small contingency of $35 ,000.00 that we believe will be adequate . In this instance, as the communication suggests to you , of th original $600 ,000 00 in Fed ral funding that was availabl for this project, only $118 ,000 .00 remains Englewood City Council January 16, 2007 Page& and it will be utilized with th is project, with this phase. There still remains a phase of work to be done down there and that is a section from Lehew down to Broadway. And, we are working with South Suburban right now, attempting to acquire easements and the right-of-way for that section. He said I would be happy to answer any questions. Council Member Woodward said just a comment. I guess South Suburban Park Foundation ... any shortfalls on this, are covered by the Foundation . Director Kahm said absolutely . They totally pay and we actually came to you ... I don 't remember the exact date ... in 2006 and had you approve an ordinance. We did an IGA w ith them to assure that we get paid, but they have talked to us within the last couple of weeks and assured us that their funding is in place. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II), CONTRACTS ASSOCIATED WITH THE CONSTRUCTION OF BIG DRY CREEK TRAIL IMPROVEMENTS -PHASE 11-BROADWAY TO GREENWOOD POINT STE M395-009; AWARDING THE CONSTRUCTION CONTRACT TO GOODLAND CONSTRUCTION IN THE AMOUNT OF $518,387.50; APPROVING A CONSTRUCTION ADMINISTRATION PROFESSIONAL SERVICES AGREEMENT WITH ASCG, INC. IN THE AMOUNT OF $60,000; AND AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $35,000, FOR A TOTAL ESTIMATED PROJECT COST OF $613,387.50. Vote results: Motion carried . Ayes: Nays: Absent: Council Members Mccaslin, Wolosyn, Woodward, Tomasso, Oakley None Council Members Barrentine, Moore Mayor Wolosyn said thank you Rick. 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to ask Council to approve funds for me to attend the National League of C ities Conference in Washington D.C . in March 2007 . I have submitted a cost of $2,457 .00 . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,457.00, FOR MAYOR WOLOSYN TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., IN MARCH 2007. Council Member Woodward said this has been budgeted within the City Council budget. Ms. Wolosyn said thanks. Vote res ults: Ayes : Na ys : Abstain : Absent: Motion carried . Mayor Wolosyn said thank you . Counci l M e mbers Mccaslin , Woodward, Tomasso, Oakley No ne Mayor W olosyn Council Members Barrenti ne , Moore (ii) Mayor Wolosyn said I have something that I keep forgetting . It is way too late to say this , but I do want to compliment Public Works on the lights this year on Broadway . I really like the way that they were wrapped around the trunk. I found it was a really great use of lights to high effects ... so just pass that around . Englewood City Council January 16, 2007 Page7 (iii) Mayor Wolosyn said I guess I will bring up the fox issue. One thing that I guess I would ask is, are there ways of determining exactly what animals are doing the attacking? I saw the note that said the National Wildlife Association was addressing this ... in some manner? Gary could you help? City Manager Sears said maybe Chris can help, but it is my understanding that fox and coyote are under the Department of Wildlife, as opposed to a domesticated animal. And so, we've got to coordinate with them, just like with the beavers. We have had beavers along our ditches, but they are treated a little bit differently because they are under the Department of Wildlife, because they are a wild animal. .. and certainly rabies is a concern . But I think our Code Enforcement people have had some experience and one of the things that I know we can do ... is actually put out information, like in the Englewood Citizen, about pets and making sure that your pets are somewhat protected . We can try to work with the Department of Wildlife in terms of what type of things that we can do, but as I understand it, the City doesn't have the ability to trap, like we do a cat or a dog, or do certain things. They are not a protected species, but since they are wildlife, they are under a different code. We can provide more information to the City Council and the public. Safety Services Director Olson said we will be doing a report on this. This is an endemic problem throughout the entire metro area. And, Tom and I live down in an area of Denver where I can tell you, the foxes are all over the place. They are in my back yard . My dog goes out at night just to guard against them coming into the yards. So, they are all over. It is just one of those things that has happened recently in the open environment. .. where they are just coming on in, because there is lots of food here, and they just eat whatever they can . It is pretty rare when they attack animals but...Anyways, we will look at it but Mr. Sears is right. It really doesn't fall under our jurisdiction and it is most likely, if we got really serious about it, it is going to have to be an eradication program, because you really, technically, can't just relocate those kinds of animals ... just like squirrels or anything else ... anywhere you want to. So, our Code people really would probably not be involved in any trapping or relocation . This would have to be by professionals, of some sort, who would come on out and take care of it. But just hitting one area is not going to resolve the issue. It is a wide-spread problem, especially if you have any sort of semi-rural type landscaping or whatever you have in place. But we will definitely put together a report and see what we can do. It is going to be a fairly significant issue to resolve. Mayor Wolosyn said Chris, I just have an added question because I have known there have been foxes in Englewood for awhile and they seem to keep to themselves or be part of some urban eco system . Could this be a function of two feet of snow? Director Olson said no, this has been going on for some time. Ms. Wolosyn said but I mean the reported attacks, because I have never heard of attacks. Director Olson said it is really hard to say . I mean, you know foxes can jump over some pretty high fences, which I have seen, and with the snow, they can now more easily get into a lot of yards , because they don't have to jump so far. I don't know if the snow is a major issue because of a lack of food . A lot of people leave dog food out. .. they leave cat food out. .. I mean these animals after awhile figure all that out and just go for it. Just like skunks or any sort of animal like that. Ms. Wolosyn said you 're right. Mr. Olson said but we will research and do the best we can and hopefully have some idea what we can do for the citizens regarding it, but it won't be easy. Mayor Wolosyn said okay. I appreciate any information that you can give us. Mr. Olson said we will definitely do that. Mayor Wolosyn said thank you . (iv) Mayor Wolosyn said thank you Council for approving the funds for me to attend the conference. Over the years , I have found it to be twofold useful. One , the fact that it is the month where Council people from across the country gather to lobby for municipal issues in Washington , D.C . and I think it's really valuable whenever a small city like Englewood has the chance to interact with our leaders up on the hill. It has been my experience , in the last seven years, that they know us and they respond when we talk . And I think part of it is the fact that we reach out. The other thing is, NLC offers great educational programs, both on personal issues , on leadership and pointers on how to conduct a meeting , and also just how other municipalities are dealing with issues across the country. (b) Council Members' Choice (i) Council Member McCaslin: Englewood City Council January 16, 2007 Pages 1. He said I was listening to a talk show the other day, and the Chief of Police from Westminster was talking about the gang activities since the death of this Bronco , and I thought I would just tum in a Council request wondering if the City of Englewood had any gang activities or if we know of any gang activities moving in? You know, they talked about being proactive instead of reactive to what was going on . I haven't heard of any, so that was just an issue I brought up. Will that be addressed later on? Safety Services Director Olson said you will have a report in your packet this week. I just authorized it to go out today. Bottom line question is, yes, we have some gang issues here in Denver. We always have. They just vary by what kind of gangs you are talking about, and it is tied in with tagging and a bunch of other things, but there will be a report tomorrow. In that, we will be putting together again, as we always have, a strategic response to a lot of that. One of our police officers is a recognized gang expert, and so we are using his expertise to really help us through the process. But, yes, a report will be over at City Hall ... well , it is over there right now, so it is just a matter of getting it into the packet this week. Mr. McCaslin said thank you . 2 . He said my wife is the principal at Bishop and today two kids found a big bag of marijuana at the front door of Bishop Elementary. So she proceeded to call the police. When the police got there, they were wonderful. Within five minutes, they handled the situation very professionally. She just wanted me to relate the information that it was fantastic. There was a problem, though . She called, and I guess they asked if it was an emergency and she said no, and she was on the phone two and a half minutes waiting . Is that pretty typical? Director Olson replied that would not be atypical because if there were a number of other calls coming in to take precedence, the dispatchers put you on hold for a little bit of time, and generally, it is not very long . Generally, there are only two dispatchers there so they are trying to prioritize the calls and so forth, but as long as the response is within five minutes, that is a pretty good time parameter from the time the call came in to when you got a cop there. Mr. McCaslin said she said they did a wonderful job, so, if you will pass that on , I would appreciate that. Mr. Olson said okay ... I will do that. .. thank you s ir. 3. He said I would also like to attend the National League of Cities Conference in Washington D .C . in March 2007. Being an educator myself, I think this is a great experience for me to go to see how the big boys do it up in Washington . I would like to learn as much as I can and gather as much information so that when I make a decision in the community, that I make a wise decision , for the best interest of the residents of Englewood. I feel that the more education and the more knowledge I get, the better decisions I can make, so I also would like to be approved for this conference. The amount is not quite known yet as I haven't decided which topics to attend. Is this the proper time to approve this? Mayor Wolosyn said I think we would be safe to take J im 's number of $2,615.00 and put that forward for you . Mr. Mccaslin said okay and I would ask Council if they would approve this. I would appreciate it. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,615.00, FOR COUNCIL MEMBER McCASLIN TO PARTICIPATE IN THE NAT IONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C ., IN MARCH 2007. Vote res ults: Ayes: Nays : Abstain : Absent: M otion carried . Council Members Woodward, Tomasso, Oakley, W olosyn None Council Member McCaslin C o uncil Members Barrentine, Moore Council Member McCaslin said that is all I have, thank you . (ii) Council Member Oakley said I , of course, would like to go back to the fox issue. Being from the neighborhood that the citizens who spoke here tonight are from , I am quite familiar with what they are talking about. I think that we have a little bit of a unique situation in the area we live in , given the two reseM>irs . For it is such an open area, right up against the residential district, and the fox seem to move in that area first. And like one of the citizens said , it has been in the last six or seven years. The fox did sen,e a purpose to a degree, in that they took care of the large goose populations that we were getting on the reservoir. At times, we Englewood City Council January 16, 2007 Page9 had as many as about fifty geese hatch out and reach their adulthood in the area, and it was getting to be quite a mess. Fortunately or unfortunately, depending on how you feel about wildlife , the fox have totally taken care of that. They are zero. They get in the nest and they even kill the adult geese, so maybe that is on the plus side. But, when it crosses over the line like this , and when we start loosing domestic animals ... I think we have been losing cats for quite awhile ... but this is the first time that I have heard about them attacking dogs. I know the people living on the comer of Tufts and Mariposa have other animals ... like ch ickens and they even had peacocks and guineas at one time ... and I know the fox were harassing them for several years . So , even though this is a problem in many areas of the City, I think it is really concentrated around those reservoirs . So , if we have to look to the State, and I think we do because these are wild animals, I do know the State has professional trappers that go in and do trapping . Now I know they concentrate on bears, mountain lions and stuff like that before they would foxes, but nevertheless, to these people, it is just as important to them as to the people who are being harassed by the bears. So, I think we ought to check into that and see if there is a possibility of ... it is no secret as to where the dens are. They named two tonight and I know some of the neighbors down there could tell you where the other dens are and they generally average three or four a year. So you start adding that up. They stay so long and then they run them out and they have to go form their own den. And if that continues, and they are getting more aggressive ... You only used to see them at night. Now it is not uncommon at all to see them in the day time and it's going to get worse. So, I think now is the time to address it. I want to thank you all for coming tonight. (iii) Council Member Tomasso: 1. He said on the fox issue, the last fox I saw was on Thursday night at 6 :30 at Cornell and Lincoln . He was headed south on Lincoln, at a high rate of speed . There was also one at Marion and Cornell, I think, about three days before that. I know there are at least three living in Arapahoe Acres. One of them likes to sleep under the pine tree in Diane's back yard . And I wake up in the morning and he is back there sleeping . There are also , I think , three living in the General Iron site . So, it is not just the south part of the City ... it is the entire City. They are all over. 2 . He said I, also, would like to go to the National League of Cities Conference in Washington D.C. and I would apply for the $2 ,615.00 that Mr. Woodward is applying for. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,615.00, FOR COUNCIL MEMBER TOMASSO TO PARTICIPATE IN THE NATIONAL LEAGUE OF cmES CONFERENCE IN WASHINGTON D.C., IN MARCH 2007. Vote results: Motion carried . Ayes: Nays: Abstain : Absent: Council Members McCaslin , Woodward , Oakley, Wolosyn None Council Member Tomasso Council Members Barrentine, Moore (iv) Council Member Woodward: 1. He said we have a member of our community , M r. Ken Haraldsen , that received the 9Who Cares Award for the month of January and I just wanted to acknowledge that and congratulate him for his community service over the years. 2 . He said regarding the National League of Cities Conference in Washington D.C . in March 2007 , I would like to partici pate in that again this year. I think there is real value in going to Washington and interacting with other city officials. The number that has been estimated is $2 ,615.00. COUNCIL MEMBER T OMASSO MOVED, AND IT W AS SECONDED, T O APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,115.00, FOR COUNC MEMBER WOODWARD TO PARTIC•ATE THE NATIONAL LEAGUE OF CITIES CONFERENCE .. W ASHINGTON D .C ., IN MARCH 2007. VoterNults: Englewood City Council January 16, 2007 Page 10 Ayes: Nays: Abstain : Absent: Motion carried . 13. City Manager"• Report Council Members McCaslin , Tomasso, Oakley, Wolosyn None Council Member Woodward Council Members Barrentine, Moore (a) City Manager Sears said just a reminder to Council that we have Boards and Commissions interviews next Monday night and we don't have a meeting scheduled on the 29111 • 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8: 10 p.m. ~ . I . ' I 0 I I i